Calimesa City Council
January 16, 2024

Regular Meeting of the Calimesa City Council
Tuesday, January 16, 2024

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

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

GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, PUBLIC

WORKS DIRECTOR MONSON, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN PETERSON.

PLEDGE OF ALLEGIANCE

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

Regular Meeting of the Calimesa City Council
Meeting Agenda
Tuesday, January 16, 2024 – 6:00 p.m.

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

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

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Clerk’s Office, (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.

Any public writings distributed by the City to at least a majority of the Council Members regarding any item on this regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

Regular Meeting of the Calimesa City Council
Tuesday, January 16, 2024

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

RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 9)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of a regular meeting of December 18, 2023.

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

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $503,950.28 (Check Nos. 41286 to 41387) b) December 21, 2023 Payroll of $118,197.30
January 1, 2024 Council Payroll of $1,683.75
January 4, 2024 Payroll of $112,612.11

4. COUNCIL TRAVEL EXPENSES.

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

5. TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2023 RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended November 30, 2023.

6. AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR PLAN REVIEW SERVICES

AND ONSITE WASTEWATER TREATMENT SYSTEMS WITH RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH (“DEH”) TO INCLUDE VECTOR CONTROL SERVICES.

RECOMMENDATION: That the City Council approve an amendment to the previously approved Memorandum of Understanding between the City of Calimesa and Riverside County Department of Environmental Health to include vector control services into the agreement

7. ADOPTION OF A LANGUAGE ACCESS PLAN
RECOMMENDATION: That the City Council adopt Resolution No. 2024-01 a Resolution of the City Council of the City of Calimesa, California, adopting a Language Access Plan.

Regular Meeting of the Calimesa City Council
Tuesday, January 16, 2024

8. AMENDMENTS TO VARIOUS RULES OF THE CITY EMPLOYEE PERSONNEL RULES & REGULATIONS.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-03, a Resolution of the City Council of the City of Calimesa, California amending the Personnel Rules and Regulations for the City of Calimesa as adopted by the City Council on November 20, 2017.

9. PURCHASE OF SKID STEER LOADER.

RECOMMENDATION: That the City Council approve the purchase of a SSV75HFRC- skid steer with cab for the purchase price of $77,843.92.

CALIMESA CHAMBER OF COMMERCE COMMENTS & REPORTS

BUSINESS ITEMS

10. ADOPTION OF URGENCY ORDINANCE NO 396 – AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, AMENDING CHAPTER 2.65 OF TITLE 2 OF THE CALIMESA

MUNICIPAL CODE TO ESTABLISH A CAMPAIGN CONTRIBUTION MAXIMUM AMOUNT OF $250, AND DECLARING THE URGENCY THEREOF.

RECOMMENDATION: That the City Council adopt by title only, Urgency Ordinance No. 396, an Ordinance of the City of Calimesa, California, amending Chapter 2.65 of Title 2 of the Calimesa Municipal Code to establish a Campaign Contribution Maximum amount of $250, and declaring the urgency thereof.

11. CITY COMMISSION APPOINTMENT.

RECOMMENDATION: That the Council Member Molina appoint one member to the Parks, Trails & Community Services Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2024-02 providing for the appointment made

12. APPROVAL OF FINANCING WITH A MASTER EQUIPMENT LEASE PURCHASE AGREEMENT FOR THE ACQISITION OF ONE (1) NEW SUTPHEN MONARCH G2 PUMPER FOR THE FIRE DEPARTMENT.

RECOMMENDATION: That the City Council approve the financing with a master equipment lease purchase agreement for the acquisition of one (1) new Sutphen Monarch G2 Pumper equipment lease with an acquisition cost of $925,801.73

13. SHOP LOCAL CALIMESA DIGITAL GIFT CARD PROGRAM UPDATE RECOMMENDATION: That City Council receive and file the digital gift card program update and provide direction to staff for the future of the program.

14. CALIMESA READER BOARD SIGN UPDATE.

RECOMMENDATION: That the City Council receive the report and provide direction to staff as necessary.

15. CITYWIDE PAVEMENT MANAGEMENT FY 2023/24.

RECOMMENDATION: That the City Council provide direction/prioritization of streets for Fiscal Year 2023-24 Pavement Rehabilitation Program

Regular Meeting of the Calimesa City Council
Tuesday, January 16, 2024

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

CITY MANAGER COMMENTS & REPORTS

ADJOURNMENT
Adjourn to the Special Meeting of the City Council on Monday, January 29, 2024 at 3:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: January 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of December 18, 2023.

ATTACHMENTS:

Attachment A: City Council action minutes of December 18, 2023 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: January 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time.

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: January 16, 2024
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $503,950.28 (Check Nos. 41286-41387) b) December 21, 2023 Payroll of $118,197.30
January 1, 2024 Council Payroll of $1,683.75
January 4, 2024 Payroll of $112,612.11

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

EXPENSES
MEETING DATE: January 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through December 31, 2023.

ATTACHMENTS:

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

FISCAL YEAR 2023-24

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

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

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

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

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

FISCAL YEAR 2023-24

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

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
1-Jul LOCC Annual Conf Registration $ 75.00 10-Jul LOCC Riverside Division Meeting $ 40.00 31-Jul Airline ticket for Conference $ 336.97 11-Dec LOCC Riverside Division Meeting $ 45.00 TOTAL TRAVEL/TRAINING $ 411.97 TOTAL MEETING/MILEAGE $ 85.00 REMAINING BALANCE $ 1,038.03 REMAINING BALANCE $ 515.00

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

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

FISCAL YEAR 2023-24

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

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

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

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
NOVEMBER 30, 2023
MEETING DATE: January 16, 2024
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended November 30, 2023.

BACKGROUND: Pursuant to Council Resolution No. 2023-68 approved on November 6, 2023, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

DISCUSSION: The investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2023-68. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.

Significant transactions during the month include a transfer on November 22, 2023 of $700,000 from the LAIF investment account to the Bank of America checking account.

FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $9,569 from CFD and Successor Agency funds.

ATTACHMENTS:

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

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR

PLAN REVIEW SERVICES AND ONSITE WASTEWATER

TREATMENT SYSTEMS WITH RIVERSIDE COUNTY
DEPARTMENT OF ENVIRONMENTAL HEALTH (“DEH”) TO

INCLUDE VECTOR CONTROL SERVICES
MEETING DATE: January 16, 2023
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council approve an amendment to the previously approved Memorandum of Understanding between the City of Calimesa and Riverside County Department of Environmental Health to include vector control services into the agreement.

BACKGROUND/DISCUSSION: The County of Riverside Department of Environmental Health (“DEH”) offers a variety of programs related to the health and safety of the environment. These programs include food protection, materials management, land development, and public safety. On October 2, 2023, the City Council approved a Memorandum of Understanding with the County of Riverside Department of Environmental Health (“DEH”) for plan review services and onsite wastewater treatment systems (land development). However, since 2012, the City has not had a contract in place for Vector Control Services. In an effort to be able to provide necessary services in the event of an emergency, staff is recommending vector control services be included in the Memorandum of Understanding with the Department of Environmental Health.

Services will include mosquito surveillance and abatement, response to complaints regarding mosquitoes, flies, and bees, consultation regarding rodents, and community outreach. While some of these services are provided free of charge, actual complaints will need to be approved by the City prior to DEH conducting services.

The program for vector control services will ensure the City protects the public health by controlling mosquitoes and other vectors that are known to spread disease. The DEH will conduct inspections and treatment using effective and environmentally sensitive methods to reduce the risk of borne diseases.

FISCAL IMPACT: Fiscal impact will be actual cost from the City’s General Fund.

ATTACHMENTS:

Attachment A: Revised Riverside County Environmental Health MOU

1 MEMORANDUM OF UNDERSTANDING BETWEEN

RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH

AND THE CITY OF
This Memorandum of Understanding (MOU) is made and entered into by and between the CITY OF CALIMESA, hereinafter referred to as “CITY” and the COUNTY OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH, hereinafter referred to as “COUNTY”, to be effective on the date approved by both parties.

I. RECITALS
WHEREAS, CITY desires the COUNTY to provide Vector Control Services that include mosquito surveillance and control, and fly, rodent and cockroach advice.

Community awareness, public presentations, consultations, and public education with flyers and booklets can also be provided upon request; and WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for the evaluation that a project’s development ensures the protection of public health and the environment and;
WHEREAS, CITY has adopted Riverside County Code section 8.36 et. Seq., and desires the County to enforce said ordinances; and
WHEREAS, CITY desires Environmental Planning review, Technical Assistance, and Plan Review for Onsite Wastewater Treatment Systems (OWTS) in accordance with the Riverside County Local Agency Management Program (LAMP) (the “Services”); and WHEREAS, CITY does not have an approved LAMP, does not have any existing OWTS ordinances, rules and regulations and the COUNTY’s LAMP was approved by the Regional Water Quality Control Board; and
Attachment 6A

2 WHEREAS, CITY agrees to enact necessary regulation to allow for billing of fees by COUNTY for services to be rendered, according to County of Riverside Ordinance No. 640; and
WHEREAS, COUNTY has personnel with sufficient training and expertise to provide such services noted above and as requested by the CITY; and WHEREAS, COUNTY is prepared to provide such services under the terms and conditions set forth in this Memorandum of Understanding; and WHEREAS, CITY and COUNTY agree to now enter into this Memorandum of Understanding for a period of five (5) years; and
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the parties mutually agree as follows:

II. TERMS AND CONDITIONS
A. SUMMARY
The CITY requires professional services as described herein from the COUNTY in II.C.

B. TERM
The term of this MOU shall be effective on the date of execution and shall continue in effect for up to five (5) years, or until terminated as outlined in Section IV below.

C. SERVICES TO BE RENDERED

3 1) General Comment on COUNTY Services
a) COUNTY will only respond to complaints referred directly by CITY staff to COUNTY. Citizen complaints received by COUNTY will be referred to CITY for approval.
b) COUNTY will only provide the services noted in 2, 3, and 4 of this section at the request of CITY.
c) COUNTY will provide services noted in 5, 6, and 7 for any plans submitted directly to COUNTY.
2) Mosquito Control Services
a) COUNTY will respond to complaints and requests for assistance concerning mosquitoes and, when appropriate, take action(s) to abate or control the vector(s).
b) COUNTY will conduct mosquito surveillance and control activities, including, but not limited to, fact-finding, inventory of breeding sources, education and consultation, issuing notices of violation, following-up with the offending party when necessary, appearing in court as witness, and taking direct control action to include biological and chemical control when necessary. c) COUNTY will investigate human mosquito-borne disease cases for potential breeding sources.
3) Bee Control Services
a) COUNTY will respond to complaints and requests for assistance concerning bees and, when appropriate, take action(s) to abate them. b) COUNTY will maintain a program of public education and consultation in bee identification and management.
4) Other Vector Control Services
COUNTY will respond to requests for assistance and to complaints with information and advice. COUNTY will not provide chemical or biological treatment

4 of house vectors. Other vectors include, but are not limited to flies, cockroaches, food-infesting pests and insects, ticks, mites, lice, fleas, and bed bugs; venomous insects such as wasps, yellow jackets, hornets and ants; other venomous arthropods such as scorpions and spiders, and vertebrate pests and vectors such as native rodents, rattle snakes, pest birds, bats and skunks, among others. 5) Plan Review Services
a) COUNTY will provide plan review of OWTS for commercial and residential applications within the CITY. This review will include inspections of the property and technical review of the soil percolation study to ensure compliance with the Riverside County LAMP. Requests for an OWTS shall be accompanied by a City application and/or building permit and shall be submitted in an acceptable format by the project proponent to a COUNTY office for review. The project proponent shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch. 4.52 for the type of review requested at the time of submission of the request, to cover the cost of services provided. All such review shall be provided within fifteen (15) working days of submittal of a completed application.
b) COUNTY will evaluate CITY permits for referral to the appropriate COUNTY programs.
6) Planning Review:
a) COUNTY will provide environmental planning review to the CITY for all projects proposing OWTS, to ensure compliance with Riverside County LAMP. b) COUNTY will provide environmental planning review to evaluate that a project’s development will not negatively affect human health and the Environment. This assessment will include the COUNTY’s review of the project scope, site history, and may include a request for other site related documents. Other related documents may include but are not limited to Phase I/II Environmental Site

5 Assessment (ESA) reports.
7) Inspection/Review of Annual Evaluation for Advanced Treatment System (ATS):

COUNTY will provide inspection and/or review of the annual evaluation report for ATSs as required in the Riverside County LAMP. The project proponent and/or property owner shall be responsible for the payment of any applicable fees, as established in County Ordinance 640 and codified in Riverside County Code, Ch.

4.52, to cover the cost of services provided.
8) OWTS Excluded Services
Services to be rendered specifically exclude COUNTY response to, and enforcement of any complaints regarding malfunction or failure of an OWTS. CITY agrees to enact any ordinances or regulations necessary to enforce the correction of any failure of any OWTS, and to enforce in a manner consistent with the Riverside County LAMP.
9) Conflicting OWTS Regulations
CITY shall rescind or suspend for the duration of this agreement and any subsequent renewals, any and all ordinances, regulations or other mandatory laws regarding OWTS systems within the CITY to avoid duplication of laws or conflicting laws. CITY shall also enact necessary implementation ordinances, regulations or other laws that would allow the provisions of the LAMP to control within the CITY’s border and also that would allow COUNTY to provide services under the LAMP.

The COUNTY’s performance under this MOU is contingent on the COUNTY having adequate legal authority and jurisdiction to perform the services described in this Section C, and the COUNTY shall not be required to perform under this Agreement if the CITY repeals or fails to adopt the ordinances necessary for the COUNTY to provide such services.

6 D. PAYMENT FOR SERVICES
1) Services in Section II, C parts 2, 3, and 4
a) CITY agrees to pay COUNTY at the rate in County Ordinance No. 640 and its subsequent amendments, Section 18 “Consultation Rate” for the cost of specific services rendered to CITY residents. CITY accepts the rate established in County Ordinance No. 640 as the total hourly cost to COUNTY to provide said services; CITY agrees to pay COUNTY such rate for all the time spent rendering such services as described herein, including travel time, and time spent attending City meetings. In addition, CITY shall reimburse COUNTY for actual costs of pesticides and supplies used. This shall not include any additional costs for other services, such as aerial application of pesticides, or aerial photography, which shall be approved in advance by the CITY. b) COUNTY shall submit itemized billings for the items as outlined in Attachment “A” of Agreement to CITY on a quarterly basis, for all services rendered. CITY agrees to pay all such non-disputed charges within sixty (60) days of receipt of itemized statements.
c) All administrative citation amounts charged by the COUNTY against CITY residents and/or businesses for any of the actions taken by COUNTY shall be used to offset against amounts charged to the CITY minus the cost of processing the citation, which would be retained by the COUNTY. 2) Services in Section II. C parts 5, 6, and 7
CITY shall enact any necessary ordinances to allow for COUNTY to directly bill any applicant for services rendered.

E. PERSONNEL
The services provided by the COUNTY shall be performed by COUNTY personnel

7 under the control and direction of COUNTY. To the extent that CITY personnel may also participate in any of the activities herein provided for, any expenses by the CITY in this process shall be borne by CITY.

F. MUTUAL HOLD HARMLESS/INDEMNIFICATION
1) To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collective “County Indemnitees”) for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgements and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) any action taken by CITY in connection with this Agreement, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY, its officers, employees, subcontractors, agents, or representatives (collectively, “City Liabilities”). Notwithstanding the foregoing, the only City Liabilities with the respect to which CITY’s obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to City Liabilities resulting from the negligence or willful misconduct of a County Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Services contemplated in this Agreement.
a) In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code Section 2782. Such interpretation shall not relieve CITY from indemnifying the COUNTY to the fullest extent allowed by law.
b) With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their its own choice, subject to approval of COUNTY, which shall not be unreasonably

8 withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein.

CITY’S obligation to defend, indemnify and hold harmless County shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action as the case may be, and information and reasonable assistance, at CITY’S expense, for the defense or settlement thereof. CITY’S obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. 2) To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively “City Indemnitees”) for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgements and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively “County Liabilities”). Notwithstanding the foregoing, the only County Liabilities with respect to which COUNTY’S obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to County Liabilities resulting from the negligence or willful misconduct of an indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Services contemplated in this in the Agreement.
a) In the event there is conflict between this clause and California Civil Code

9 Section 2782, this clause shall be interpreted to comply with Civil Code 2782.

Such interpretation shall not relieve COUNTY from indemnifying the CITY to the fullest extent allowed by law.
b) With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of their own choice, subject to approval of CITY, which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’S indemnification to CITY as set forth herein.

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

III. RECORDS
County agrees to maintain records and documentation of the services rendered and supplies used pursuant to this Agreement for a period of five (5) years past the close of each calendar year. Such records or copies thereof shall be accessible to CITY for review upon reasonable notification by CITY without copying charges.

IV. AMENDMENTS
Any amendment, modification, or variation from the terms of this MOU shall be in writing and shall be effective only upon mutual approval by the authorized parties.

V. TERMINATION
Either CITY or COUNTY may terminate this MOU at any time by giving thirty (30) days

10 written notice with or without cause to the designated contacts. Upon receipt of any notice of termination on the agreed upon effective date of termination, services shall cease thereafter. Upon termination of this MOU, any OWTS under permit and subject to annual inspection shall revert to the CITY for inspection and permitting. Any fees paid to the COUNTY for an annual permit prior to notification of termination, shall not be refunded by the COUNTY.

Termination of this agreement does not terminate the parties’ responsibility for payment of prior services rendered.

The CITY shall be responsible for payment of all services rendered by COUNTY prior to the effective termination date of this MOU.

VI. COMPLETE MEMORANDUM OF UNDERSTANDING
This written MOU, including all writings specifically incorporated hereby in reference, shall constitute the complete MOU between the parties hereto. No oral agreement or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement or representation be binding upon the parties hereto. Any previous agreements between the CITY and COUNTY, whether oral or written, with regards to the activities outlined in Section II.C of this MOU, shall be supplanted by this MOU. Other agreements or contracts between the CITY and COUNTY, not involving OWTS, shall be unaffected by this MOU.

VII. JURISDICTION/VENUE
This MOU shall be governed by, and construed in accordance with, the laws of the State of California. CITY and COUNTY agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this MOU, and further agrees that venue of any action brought hereunder shall be exclusively in the County of Riverside.

11 VIII. NOTICE
All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows:

CITY: COUNTY:

County of Riverside
Department of Environmental Health
4065 County Circle Drive
Riverside, CA 92503
IX. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING
Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of each party is a person duly authorized.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on ______________________________ (Date)

CITY OF CALIMESA
_________________________________ Dated:

COUNTY OF RIVERSIDE
_________________________________ Dated:

Jeff Johnson, Director of Environmental

12 Health
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
__________________________________ Dated: ___________________________ Paula S. Salcido, Deputy County Counsel
ATTACHMENT “A”

CITY OF XXXX QUARTERLY BILLING STATEMENT

COUNTY OF RIVERSIDE

DEPARTMENT OF ENVIRONMENTAL HEALTH
(Billing Timeline Dates), 20XX
As per the Agreement signed between the County of Riverside, Department of Environmental Health and the City of XXXX this is the Quarterly Billing Statement for activities performed by Environmental Health.

Attached is documentation of activities performed, hours expended, and any pesticides or supplies used.

The total amount billed for this quarterly period is: $ (Amount)

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: ADOPTION OF A LANGUAGE ACCESS PLAN
MEETING DATE: January 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2024-01 a Resolution of the City Council of the City of Calimesa, California, adopting a Language Access Plan.

BACKGROUND: The City of Calimesa Fire Department has been awarded an Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency (FEMA) grant program. As part of the grant award the City must provide various documents, one of which is a Language Access Plan. We are therefore requesting Council approval and adoption of this Language Access Plan. It is imperative that the City establish certain policies to ensure that it complies with Federal civil rights laws and is committed to providing its programs and services without discrimination in accordance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments Act of 1972, Age discrimination Ace of 1975 and the U.S. Department of Homeland Security regulation 6 C.F.R Part 19.

The City of Calimesa finds and declares that there are people who reside in the City who are unable to communicate effectively in English because their primary language is not English. It is of importance that residents regardless of their proficiency in English, have access to City programs and services. This plan establishes standards and procedures for providing equal access to City services and programs to all residents, including those with limited proficiency in English.

This Language Access Plan has been reviewed and found to be in compliance with applicable existing City codes and policies, as well as all applicable laws. Staff respectfully requests Council review and adoption of the Language Access Plan.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: Resolution No. 2024-01
Attachment B: Exhibits “A” Language Access Plan

RESOLUTION 2024-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA CALIFORNIA, ADOPTING A LANGUAGE

ACCESS POLICY
WHEREAS, the City of Calimesa provides an array of services that can be made accessible to persons who are not proficient in the English language. The City of Calimesa is committed to improving accessibility of these services and providing equal access to them; and
WHEREAS, the City Council finds that gaps in language access can seriously affect Calimesa’s ability to serve all of its residents. The Unites State Census Bureau’s 2022 American Community Survey reveals that 6.8% of Calimesa residents are foreignborn; 14.0% over the age of five speak a language other than English at home; and

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

Section 1: The City Council of the City of Calimesa hereby adopts the Language Access Policy as set forth in Exhibit A, attached hereto and made a part hereof by this reference as if fully set forth.

Section 2: The City Clerk of the City of Calimesa shall certify to the passage and adoption of this resolution and its approval by the City Council and shall cause the same to be listed in the records of the City.

PASSED, APPROVED, and ADOPTED this 16th day of January 2024. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
Attachment 7A

Language Access Plan
ADOPTED JANUARY 16, 2024 – RESOLUTION NO. 2024-01
Attachment 7B

City of Calimesa – Language Access Plan

FINDING AND PURPOSE
The City Council of the City of Calimesa hereby finds and declares that there are people who reside in the City of Calimesa, who are unable to communicate effectively in English because their primary language is not English. It is of importance that residents regardless of their proficiency in English, have access to City programs and services.

This plan establishes standards and procedures for providing equal access to City services and programs to all residents, including those with limited proficiency in English.

DEFINITIONS
As used in this Plan, the following terms shall have the following meanings:
a) “Limited English-Speaking Person” shall mean an individual who does not speak English well or is otherwise unable to communicate effectively in English because English is not the individual’s primary language.
b) “Substantial Number of Limited English-Speaking Persons” shall mean five percent(5%) or more of Limited English-Speaking Persons residing in the City who speak a shared language other than English.

TRANSLATION OF MATERIALS
a) The City Manager shall establish or procure translation services for the purpose of translating written materials for City Departments and providing interpretation services for public meetings and hearings as needed.
b) Upon determination by the City Manager and to the extent funding is available, departments will translate the following written materials that provide vital information to the public about the department’s services or programs:

1. Written materials disseminated to the public including, but not limited to brochures, applications, forms, public notices and outreach materials;

2. Construction of similar notices distributed by the City and/ or its contractors;

3. Notices advising limited English-proficient persons of free language assistance’ and

4. Public service announcements, press releases, community alerts and educational material, when practical.

PUBLIC MEETINGS AND HEARINGS
a) Agendas and minutes for City Council and Boards and Commission meetings shall not be required to translate meeting agendas or minutes. Upon request the

City of Calimesa – Language Access Plan
documents will be translated in the language(s) designated in this plan and at no charge.
b) In compliance with the Americans with Disabilities Act, if special assistance is needed to participate in a City meeting or other services offered by this City, the City Clerk’s office should be contacted at (909) 795-9801. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Any public writings distributed by the City to at least a majority of the Council Members regarding any item on the regular meeting agenda will be made available at the public counter at City Hall located at 908 Park Avenue, Calimesa, CA 92320.

INTERNAL PROGRAM REVIEW AND COMMUNICATION
The City Manager will meet with all Department Directors on a regular basis to discuss priorities, resources and technological innovations related to this Plan.

COMPLAINT PROCEDURE
a) Departments shall allow persons to make complaints alleging violation of this Plan to the Department by completing and submitting a complaint form established by the City.
b) Departments shall document actions taken to resolve each complaint and maintain copies of complaints and documentation of their resolution for a period of not less than two (2) years. A copy of each complaint shall be forwarded to the City Manager within thirty (30) days of its receipt.

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: AMENDMENTS TO VARIOUS RULES OF THE CITY EMPLOYEE

PERSONNEL RULES & REGULATIONS
MEETING DATE: January 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2024-03, a Resolution of the City Council of the City of Calimesa, California amending the Personnel Rules and Regulations for the City of Calimesa as adopted by the City Council on November 20, 2017.

BACKGROUND: The City of Calimesa’s current Personnel Rules and Regulations (the Rules) were adopted on November 20, 2017 by Resolution No. 2017-41. From time to time, there is a need to amend the policies as adopted and/or adopt additional policies. Amendments may be made to include language incorporating new regulations that provide for consistency with state and federal laws, as well as conform with other City policies and procedures. At this time, there are language amendments necessary for various sections of the Personnel Rules and Regulations. The amendments are listed below:

Rule 12 – Dress and Grooming Standards amending Section C, adding Subsection 3 as follows:

3. Fire Department Employee Uniforms. All members of the Calimesa Fire Department when on duty, as required in the adopted Fire Department Policies, shall wear the appropriate uniform. All Fire Department Members are responsible for obtaining and maintaining the uniform items required for their assignment. All uniform items shall be maintained in presentable condition.

Faded, worn or damaged clothing is not acceptable; this includes faded lettering or markings on uniform items requiring such markings. All uniform shirts shall be presented with a department approved American flag patch sewn on the left shoulder region and a Calimesa Fire Department patch sewn on the right shoulder region. A nameplate or embroidered name tape consisting of the employee’s last name shall be displayed above the right shirt pocket. Civilian clothes are optional for members assigned to staff and special assignments as authorized by the Fire Chief.

All members of the Calimesa Fire Department shall receive an annual uniform allowance of $600.00 and will be paid out to each member with the second pay period of August each year.

Employees shall be notified if changes are made to this process.

Rule 20 - Probation amending Section B – Length of Probationary Period, Subsection 1 and adding Subsections 4 – 6. Adding Section C – Duration Promotional Appointment, Subsections 1 and 2 as follows:

B. Length of Probationary Period.

1. The probationary period shall be one thousand forty (1,040) hours of actual and continuous service for all employees with the exception of Fire Department employees.

Periods of time paid or unpaid leave exceeding five (5) days (consecutive or not consecutive) shall automatically extend the probationary period by the number of days the employee is on leave.

4. Any person employed as a firefighter, apparatus engineer, fire captain, or battalion chief shall serve a probationary period at the outset of his/her initial employment or rehire, and at the outset of any promotion to a higher classification, to demonstrate his/her fitness for the position by actual performance of the duties of the position to which he/she has been appointed. The positions of Fire Chief, Deputy Fire Chief, Deputy Fire Marshall and Battalion Chief are management positions exempt from the competitive service, and serve in an at will status at all times. The non-employee positions of interns/reserves also serve in an at-will status at all times.

All newly hired (and re-hired) firefighters, apparatus engineers, fire captains, and battalion chiefs shall serve a Probationary Period upon their initial hiring as an employee of the Calimesa Fire Department. The probationary period upon initial hire shall consist of the first twelve (12) months of actual and continuous service of the individual’s employment with the Calimesa Fire Department. Periods of time paid or unpaid leave exceeding five (5) days (consecutive or not consecutive) shall automatically extend the probationary period by the number of days the employee is on leave. A probationer/probationary employee is an at-will employee who serves at the pleasure of the Appointing Authority, has no property right in continued employment, may be rejected at any time during the probationary period with or without cause or reason, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal, and has no right to any administrative appeal under the Firefighters Procedural Bill of Rights Act (FFBOR).

An employee shall be deemed to have passed probation at the end of the probationary period if, after completion of a successful evaluation, the Fire Chief requests the employee be made a regular employee, and the Personnel Action Form is signed by the Appointing Authority. If the Fire Chief does not recommend regular employment and the Appointing Authority does not make a regular appointment, the employee shall be rejected.

5. Extensions of Probationary Periods of Fire Department Employees. Any new hire (or re-hire) probationary period may be extended for up to an additional six months for employees serving in a promotional probationary status, at the recommendation of the Fire Chief and the Human Resources Director, with approval by the City Manager. Whenever possible, the Fire Chief shall give the probationary employee written notice of the extension of the probationary period prior to the expiration of the probationary period. Failure to give the probationary employee notice of the extension prior to the expiration of the initial probationary period or prior to the expiration of any promotional probationary period shall automatically extend the probationary period.

6. Probationary Periods for Non-Fire Suppression Fire Department Positions.

Candidates for employment in non-fire suppression positions within the Fire Department shall be required to demonstrate they meet the minimum qualifications for the position and comply with all applicable requirements set forth in the City of Calimesa Personnel Rules and Regulations for applicants. All offers of employment shall be contingent on the candidate passing a preemployment background assessment, pre-employment fitness for duty examination and drug

testing consistent with applicable State and Federal laws, and such applicants shall be subject to all other selection, verification and/or hiring procedures including service in a probationary period of 1,040 hours or six months, for new hires (or re-hires), and a promotional probationary period of 1,040 hours in the promotional position. A probationer/probationary employee is an at-will employee who serves at the pleasure of the Appointing Authority and may be rejected or terminated at any time during his/her probationary period at any time by the Appointing Authority with or without cause and has no right to any pre- or post-disciplinary due process or right to an evidentiary appeal, as provided in Rule 20.

C. Duration - Promotional Appointment.

1. Promotional appointments shall be subject to probation of one thousand forty (1,040) hours of actual and continuous service. The probationary period is a period of assessment of capabilities for the position to which the employee is promoted. At the successful conclusion of that probationary period, the employee will be evaluated and may receive a merit increase.

2. Promotional Appointments to the positions of firefighter, apparatus engineer, captain, and battalion chief shall be subject to a probationary period of six months of actual and continuous service, during which an assessment will be made of capabilities for the promotional position. During a promotional probationary period, the probationary employee shall be at-will employee as to the promotional appointment and shall serve at the pleasure of the Appointing Authority and may be rejected from his/her probationary promotional appointment at any time without prior notice or right of appeal, including any administrative appeal relating to his/her promotion, unless such rejection during a promotional appointment constitutes punitive action under the FFBOR.

Rule 27 – Retirement Benefits to add language regarding Fire Department retirement benefits as follows:

Public Employees Retirement System. Unless otherwise exempted, all employees of the City who work at least one thousand (1,000) hours per year are automatically covered by the City’s contract with the California Public Employees Retirement System (“PERS”).

Public Agency Retirement Services. Unless otherwise exempted, all Fire Department employees of the City are automatically covered by the City’s contract with the Public Agency Retirement Services (“PARS”).

Rule 31 – Hours of Work, Overtime, Compensatory Time and Standby Time Section E, Subsection 4, of the Personnel Rules and Regulations adding Subsection G regarding holiday hours and adding Subsection 8 to Section E adding language for overtime of fire protection personnel as follows:

4. Manner and Form of Compensation.
g. Holiday hours shall be counted toward hours worked for the calculation of overtime purposes. If an employee works outside of normal hours they shall receive time-an-a-half for the extra hours worked, even though they had not actually worked due to a

holiday falling within that period. This rule only applies to those holidays listed as City Holidays in Rule 32 of these Personnel Rules and Regulations.

8. Overtime - Fire Protection Personnel. For eligible fire protection employees (as defined under the FLSA), overtime shall be determined in accordance with the FLSA, including but not limited to, Section 7(k) of the FLSA (29 U.S.C. § 207(k» and 29 CFR Part 553. The official workweek shall be fifty-three (53) hours duty per week based on a two (2) shift schedule of 24- hours per shift. The work period for purposes of calculating overtime shall be seven (7) calendar days in accordance with Section 7(k) of the Fair Labor Standards Act (FLSA). Overtime is any hour(s) worked over 53 hours per an established workweek.

Section 7(k) of the FLSA (29 U.S.C. § 207(k» states:
(k) Employment by public agency engaged in fire protection or law enforcement activities.

No public agency shall be deemed to have violated subsection (a) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if- (1) In a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of
a. 216 hours, or
b. The average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975; or
(2) In the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his/her work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his/her work period as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1))
Compensation at a rate not less than one and one-half times the regular rate at which he/she is employed.

Rule 32 – City Paid Holidays to amending Section A regarding Juneteenth Holiday as follows
A. With the exceptions provided herein, holidays for employees covered under these Rules shall be as follows:

New Year’s Day
Martin Luther King Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day

The Friday following Thanksgiving Day
Christmas Eve
Christmas Day
New Year’s Eve Day
2 Floating Holidays
Birthday Holiday
Juneteenth (June 19th – in lieu of a personal floating holiday) When a holiday falls on a Friday t under the four-ten schedule, another day will not be taken off. Instead, the ten (10) hours of holiday pay will be credited and banked for use by the employee as holiday leave.

Two (2) Floating holidays are earned on a calendar year basis and may not be accumulated by an individual from year to year. Any earned floating holidays balance shall be cleared on December 31 of each calendar year. All regular, full-time employees shall earn 20 hours of floating holiday pay commencing on January 1 of each year. All regular full-time employees can choose to take Juneteenth off in lieu of one (1) floating holiday earned. However, if the employee does not choose to use a floating holiday to recognize Juneteenth, the employee is expected to work, as the City will not be closed.

Employees shall earn a birthday holiday on a calendar year basis and may not be accumulated by an individual from year to year. The birthday holiday earned must be used on the employee’s birthday or during the month of their birthdate.

Employees shall earn “banked time” of 10 hours per each non-workday Friday, when a holiday falls on said Friday. The “banked time” will be for use by the employee as holiday leave.

Rule 34 – Vacation Leave to amend Section A adding language for vacation accruals of Fire Department Personnel as follows:

A. Vacation Accrual. All regular, full-time employees except those excluded below, shall accrue vacation days commencing on their first day of employment, according to the following schedule. Probationary employees accrue, but may not take vacation leave, until they have completed their probationary period.
1 to 5 Years of Service 80 hours/year (3.08 hours/pay period) 6 to 10 Years of Service 120 hours/year (4.62 hours/pay period) 11 or More Years of Service 160 hours/year (6.16 hours/pay period) All management employees shall accrue:
1 to 5 Years of Service 80 hours/year (3.08 hours/pay period) 6 to 10 Years of Service 120 hours/year (4.62 hours/pay period) 11 or More Years of Service 160 hours/year (6.16 hours/pay period) Part-time employees regularly assigned to work more than twenty (20) hours shall receive vacation prorated for the time worked as it compares to forty (40) hours. Part-time employees regularly assigned to work twenty (20) hours or less do not receive or accrue vacation leave. Seasonal, temporary and emergency employees do not receive or accrue vacation leave.

Vacation shall not accrue on overtime hours or for attendance at City Council and/or commission meetings.

Fire Department Personnel shall accrue vacation days commencing on their first day of employment according to the following schedule. Probationary employees accrue, but may not take vacation leave, until they have completed their 12-month probationary period. ▪ Fire Department employees working a 40-hour schedule would receive the same as other City employees.
▪ Fire Department employees working a suppression shift (55.9-hour schedule) will receive the following vacation time:
o 1 to 5 Years of Service 96 hours/year (3.69 hours/pay period) o 6 to 10 Years of Service 144 hours/year (5.54 hours/pay period) o 11 or more Years of Service 192 hours/year (7.38 hours/pay period) ▪ Holidays/Floating Holidays: In recognition of 24/7 operation for suppression shifts, holiday time is 12 hours pay in-lieu of time off.

In no event shall a Fire Department employee accrue in excess of thirty (30) working days (two hundred forty [240] hours) of vacation time. When an employee reaches thirty (30) working days or two hundred forty (240) hours of vacation time, the employee shall cease accruing vacation time.

G. Vacation Cash Out Procedure. Employees may elect to cash out of vacation time subject to the terms and conditions set forth below.

1. Any employee wishing to cash out accumulated vacation hours must submit an irrevocable written election by December 31 of the calendar year prior to the calendar year in which the employee wishes to cash out vacation time. For example, if an employee would like to elect to receive a vacation cash out in 2025, they must make the written election no later than December 31, 2024. Forms will be provided for eligible employees to make the election.

2. In order to qualify for the vacation cash out election, an employee must have two (2) or more years of service at the time of the election.

3. Cash out payments shall be made in the first paycheck in December of the calendar year for which the election is made.

4. Employees may request to cash out up to forty (40) hours of vacation accrued in the year of election. The cash out payment shall be the lesser of the requested number of hours to be cashed out or the employee’s accumulated vacation balance at the time of the cash out payment, times the employee’s regular rate of pay at the time of the cash out, subject to meeting the usage of vacation time as outlined in section 5 below.

5. Vacation hours used for paid time off will be deducted first from vacation hours accrued in prior calendar years, and last from annual leave hours accrued in the current calendar year.

6. The employee must have used at least eighty (80) hours of vacation time during the twelve (12) months immediately preceding the cash out payment.

7. Employees who are eligible for vacation cash out and do not make an affirmative election by the end of the calendar year shall be deemed to have irrevocably elected not to redeem annual leave for pay in the subsequent calendar year.

8. Due to the change in policy, for calendar year 2024 only, employees may follow the previous Vacation Cash Out Procedure, which is as follows:
a. If an employee has three (3) or more years of service and has used eighty (80) hours of vacation during the calendar year, the employee is eligible to cash out forty (40) hours of vacation time at his/her regular rate of pay.

Rule 35 – Sick Leave to amend Section C. Section F and Section G adding language for sick leave accruals of Fire Department Personnel as follows:

C. Accrual. All full-time regular employees shall accrue paid sick leave at the rate of eight (8) hours per month (ninety-six [96] hours per year) or major fraction thereof for each calendar month of paid status. All other employees who work 30 or more days within a year from the commencement of employment with the City accrues one hour of paid sick leave for every 30 hours worked. Sick leave shall not be accrued by an employee during a City authorized leave of absence without pay or any other unpaid absence from duty not authorized by the City.

All full-time Fire Department employees shall accrue paid sick leave at the rate of twelve (12) hours per month (5.54 hours/pay period).

F. Sick Leave Accrued Limit. Any unused portion of accumulated sick leave may be carried over into the next calendar year, provided, however, an employee’s, including Fire Department employee’s accumulated sick leave may not exceed nine hundred sixty (960) hours unused sick leave; further accumulation shall not be allowed.

G. Unused Sick Leave. Any unused portion of accrued sick leave may, at the employee’s election, be credited to the employee’s PERS account upon retirement for additional service credit. Fire Department employees are exempt from this election, as they are PARS Retirement recipients and not members of CalPERS.

Rule 36 – Family and Medical Care Leave to amend Section C(c) and adding Section C(g) pursuant to State Government Code Section 129 amending the California Family Rights Act(CFRA) as follows:

C. Definitions.
(c) “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis under the age of 18

years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or stepchild. A child is “incapable of self-care” if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories. (g) “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.

Rule 38 – Other Leaves to amend Section A adding language pursuant to State Government Code Section 12945.7 amending the California Fair Employment and Housing Act(FEHA) regarding Bereavement leave as follows:

A. Bereavement Leave. When a full-time regular employee is compelled to be absent from work because of the death of the employee’s immediate family member, i.e. employee’s spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister, mother/father-in-law, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or the same relatives of a domestic partner, the employee may upon approval of the Appointing Authority, be given three (3) days of paid leave, to attend the funeral or memorial services. Two (2) additional days are allowed for provided, however, that such additional time off shall be deducted from any accumulated sick leave, floating holiday or compensatory time off available to the employee or taken as unpaid leave.

To add Section L adding language pursuant to State Government Code Section 12945.6 amending the California Fair Employment and Housing Act(FEHA) regarding Reproductive Loss leave as follows:

L. Reproductive Loss Leave.

1. Reproductive loss includes the following events:
a. Dissolution or breach of an adoption agreement, which results in the employee not becoming an adoptive parent.
b. Dissolution or breach of a surrogacy agreement, or failed embryo transfer to a surrogate, which results in the employee not becoming a parent to a child born as the result of surrogacy:
c. Miscarriage;
d. Stillbirth; or
e. Unsuccessful assisted reproduction, such as an unsuccessful round of intrauterine insemination or other reproductive technology.

Reproductive loss does not include the failure to conceive through sexual intercourse. It does not include failed attempts to become an adoptive parent or parent through surrogacy, if the failure is due to anything other than breach or dissolution of an agreement, or unsuccessful embryo transfer.

2. Eligibility. Employees are eligible for reproductive loss leave once they have worked for the City for 30 days, whether full or part time. Employees are eligible for reproductive loss resulting in the employee not becoming a parent in that instance. For example, a pregnant employee who experienced a miscarriage is eligible for leave. Eligibility would also extend to an employee who would have become a parent but for the miscarriage of the employee’s spouse, domestic partner, or any other individual.

3. Requirements. The City must provide 5 days of leave to an employee who requests leave following reproductive loss. The leave must be taken within three months of the date of reproductive loss. However, if an employee takes other leave under State or Federal law prior to or immediately following the reproductive loss (e.g. pregnancy disability leave or California Family Rights Act leave), reproductive loss leave may be taken within three months following the conclusion of the other State or Federal leave. If an employee experiences more than one reproductive loss within one year, the City is not obligated to provide more than 20 days of leave per 12-month period.

Reproductive loss leave shall be unpaid, the employee is entitled to use vacation, sick, compensatory, or any other paid time off otherwise available.

It is illegal to retaliate against an employee for requesting or using reproductive loss leave, or for providing information or testimony in any proceeding related to reproductive loss leave. The City must maintain the confidentiality of an employee who requests or uses reproductive loss leave and may disclose information regarding the employee’s reproductive loss only to internal personnel, legal counsel, or as required by law.

Rule 45 – Drug & Alcohol Use Policy to amend Section A adding Subsections 7 and 8 pursuant to State Government Code Section 12954 amending the California Fair Employment and Housing Act(FEHA) prohibiting discrimination in employment against employee or applicant for out-of-work Cannabis use as follows:

A. Policy.

7. Government Code Section 12954 makes it unlawful for a covered employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following:
• The person’s use of cannabis off the job and away from the workplace; or
• An employer required during screening test has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids.

8. An employee is not permitted to possess, be impaired by, or use cannabis on the job. As such, this policy is hereby enforced prohibiting employees from possessing, being impaired by, or using cannabis while working.

Staff is recommending approval of the amended language to the Personnel Rules & Regulations with the adoption of Resolution No. 2024-xx.

FISCAL IMPACT: There is estimated minimal overall fiscal impacts going forward. The Fiscal Year 23/24 Budget has ample finances to cover the minimal increased costs.

ATTACHMENTS:

Attachment A: Resolution No. 2024-03
Attachment B: Exhibits “A” through “J” Amendments to Personnel Rules & Regulations

RESOLUTION NO. 2024-03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA AMENDING THE PERSONNEL RULES

AND REGULATIONS FOR THE CITY OF CALIMESA ADOPTED
BY THE CITY COUNCIL ON NOVEMBER 20, 2017.

WHEREAS, Section 2.60.010 of Chapter 2.60 of Title 2 of the Calimesa Municipal Code provides that the City Council may, by resolution, adopt personnel rules and regulations for general City employees; and WHEREAS, Resolution No. 2017-41 entitled “A Resolution of the City Council of the City of Calimesa, California, adopting Personnel Rules for the City of Calimesa, was adopted by the City Council on November 20, 2017; and WHEREAS, Resolution No. 2021-07 amended Rule 31 of the Personnel Rules and Regulations to amend language in Section F, Subsection 3 - Standby Time Compensation, add language in Section G – Exempt Positions and the addition of Section H – Emergency Operations Staffing and Compensation; and WHEREAS, there is a need to update Rule 12 – Dress and Grooming Standards of the Personnel Rules and Regulations to amend Section C adding Subsection 3 with language regarding Fire Department Employee Uniforms; and WHEREAS, there is a need to update Rule 20 - Probation of the Personnel Rules and Regulations amending Section B – Length of Probationary Period, Subsection 1 and adding Subsections 4 – 6. Adding Section C – Duration Promotional Appointment, Subsections 1 and 2; and WHEREAS, there is a need to update Rule 27 – Retirement Benefits of the Personnel Rules and Regulations to add language regarding Fire Department retirement benefits; and
WHEREAS, there is a need to update Rule 31 – Hours of Work, Overtime, Compensatory Time and Standby Time Section E, Subsection 4, of the Personnel Rules and Regulations adding Subsection G regarding holiday hours and adding Subsection 8 to Section E adding language for overtime of fire protection personnel; and
WHEREAS, there is a need to update Rule 32 – City Paid Holidays of the Personnel Rules and Regulations to amend Section A regarding Juneteenth Holiday; and
WHEREAS, there is a need to update Rule 34 – Vacation Leave of the Personnel Rules and Regulations to amend Section A adding language for vacation accruals of Fire Department Personnel; and amend Section G adding language for vacation cash out procedures; and
Attachment 8A

WHEREAS, there is a need to update Rule 35 – Sick Leave of the Personnel Rules and Regulations to amend Section C. Section F and Section G adding language for sick leave accruals of Fire Department Personnel; and WHEREAS, there is a need to update Rule 36 – Family and Medical Care Leave of the Personnel Rules and Regulations to amend Section C(c) and adding Section C(g) pursuant to State Government Code Section 12945.2 amending the California Family Rights Act(CFRA); and
WHEREAS, there is a need to update Rule 38 – Other Leaves of the Personnel Rules and Regulations to amend Section A adding language pursuant to State Government Code Section 12945.7 amending the California Fair Employment and Housing Act (FEHA) regarding Bereavement leave and adding Section L Reproductive Loss Leave pursuant to State Government Code Section 12945.6; and
WHEREAS, there is a need to update Rule 45 – Drug & Alcohol Use Policy of the Personnel Rules and Regulations to amend Section A adding Subsections 7 and 8 pursuant to State Government Code Section 12954 amending the California Fair Employment and Housing Act(FEHA) prohibiting discrimination in employment against employee or applicant for out-of-work Cannabis use.

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

Section 1. That Rule 12 - Dress and Grooming Standards of the Personnel Rules and Regulations amending Section C, adding Subsection 3 with language regarding Fire Department Employee Uniforms and attached as Exhibit “A” are approved and adopted.

Section 2. That Rule 20 - Probation of the Personnel Rules and Regulations amending Section B – Length of Probationary Period, Subsection 1 and adding Subsections 4 – 6. Adding Section C – Duration Promotional Appointment, Subsections 1 and 2 and attached as Exhibit “B” are approved and adopted.

Section 3. That Rule 27 – Retirement Benefits of the Personnel Rules and Regulations adding language regarding Fire Department retirement benefits and attached as Exhibit “C” are approved and adopted.

Section 4. That Rule 31 – Hours of Work, Overtime, Compensatory Time and Standby Time Section E, Subsection 4, of the Personnel Rules and Regulations adding Subsection G regarding holiday hours and adding Subsection 8 to Section E adding language for overtime of fire protection personnel and attached as Exhibit “D” are approved and adopted.

Section 5. That Rule 32 – City Paid Holidays of the Personnel Rules and Regulations amending Section A regarding Juneteenth Holiday and attached as Exhibit “E” are approved and adopted.

Section 6. That Rule 34 – Vacation Leave of the Personnel Rules and Regulations amending Section A adding language for vacation accruals of Fire Department Personnel and amending Section G adding language for vacation cash out procedures and attached as Exhibit “F” are approved and adopted.

Section 7. That Rule 35 – Sick Leave of the Personnel Rules and Regulations amending Section C, Section F and Section G adding language for sick leave accruals of Fire Department Personnel and attached as Exhibit “G” are approved and adopted.

Section 8. That Rule 36 – Family and Medical Care Leave of the Personnel Rules and Regulations amending Section C(c) and adding Section C(g) pursuant to State Government Code Section 129 amending the California Family Rights Act(CFRA)and attached as Exhibit “H” are approved and adopted.

Section 9. That Rule 38 – Other Leaves of the Personnel Rules and Regulations amending Section A adding language pursuant to State Government Code Section 12945.7 amending the California Fair Employment and Housing Act (FEHA) regarding Bereavement leave and adding Section L Reproductive Loss Leave pursuant to State Government Code Section 12945.6; and attached as Exhibit “I” are approved and adopted.

Section 10. That Rule 45 – Drug & Alcohol Use Policy of the Personnel Rules and Regulations amending Section A adding Subsections 7 and 8 pursuant to State Government Code Section 12954 amending the California Fair Employment and Housing Act(FEHA) prohibiting discrimination in employment against employee or applicant for out-of-work Cannabis use and attached as Exhibit “J” are approved and adopted.

Section 11. Except as otherwise amended in Exhibits “A” through “J”, the remaining provisions of the Personnel Rules and Regulations shall remain in full force and effect as written.

PASSED, APPROVED AND ADOPTED this 16th day of January 2024. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
________________________________

DARLENE GERDES, CITY CLERK

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “A” - Amendments to:

Rule 12 – Dress and Grooming Standards
C. Uniforms.

1. Those employees required to wear City issued uniforms shall wear their uniforms when at work. Uniforms shall not be worn when off duty, except for traveling to and from work. It is recognized that employees may have to make brief stops on the way to and from work to take care of personal business; however, uniforms shall not be worn in businesses or locations, which would create a negative impression, such as bars or nightclubs.

2. Uniforms shall be neat, clean and in good condition at the start of the work shift.

They shall not be altered inappropriately and shall be worn as they are designed to be worn.

3. Fire Department Employee Uniforms. All members of the Calimesa Fire Department when on duty, as required in the adopted Fire Department Policies, shall wear the appropriate uniform.

All Fire Department Members are responsible for obtaining and maintaining the uniform items required for their assignment. All uniform items shall be maintained in presentable condition. Faded, worn or damaged clothing is not acceptable; this includes faded lettering or markings on uniform items requiring such markings. All uniform shirts shall be presented with a department approved American flag patch sewn on the left shoulder region and a Calimesa Fire Department patch sewn on the right shoulder region.

A nameplate or embroidered name tape consisting of the employee’s last name shall be displayed above the right shirt pocket. Civilian clothes are optional for members assigned to staff and special assignments as authorized by the Fire Chief.

All members of the Calimesa Fire Department shall receive an annual uniform allowance of $600.00 and will be paid out to each member with the second pay period of August each year. Employees shall be notified if changes are made to this process.

Attachment 8B

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “B” - Amendments to:

Rule 20 – Probation
B. Length of Probationary Period.

1. The probationary period shall be one thousand forty (1,040) hours of actual and continuous service for all employees with the exception of Fire Department employees. Periods of time paid or unpaid leave exceeding five (5) days (consecutive or not consecutive) shall automatically extend the probationary period by the number of days the employee is on leave.

2. An employee shall be deemed to have passed probation at the end of the probationary period if, after completion of a successful evaluation, the Department Director requests the employee be made a regular employee and the Personnel Action Form is signed by the Appointing Authority. If the Department Director does not recommend regular employment and the Appointing Authority does not make a regular appointment, the employee shall be rejected. The rejection would be made before the expiration of the one thousand forty (1,040) hour period.

3. Any probationary period may be extended for up to an additional one thousand forty (1,040) hours at the recommendation of the Department Director and the Human Resources Director, with approval by the City Manager. Whenever possible, the City Manager shall give the probationary employee written notice of the extension of the probationary period prior to the expiration of the probationary period. Failure to give the probationary employee notice of the extension prior to the expiration of the initial probationary period or prior to the expiration of any promotional probationary period shall automatically extend the probationary period.

4. Any person employed as a firefighter, apparatus engineer, fire captain, or battalion chief shall serve a probationary period at the outset of his/her initial employment or re-hire, and at the outset of any promotion to a higher classification, to demonstrate his/her fitness for the position by actual performance of the duties of the position to which he/she has been appointed. The positions of Fire Chief, Deputy Fire Chief, Deputy Fire Marshall and Battalion Chief are management positions exempt from the competitive service, and serve in an at will status at all times. The non-employee positions of interns/reserves also serve in an at-will status at all times.

All newly hired (and re-hired) firefighters, apparatus engineers, fire captains, and battalion chiefs shall serve a Probationary Period upon their initial hiring as an employee of the Calimesa Fire Department.

The probationary period upon initial hire shall consist of the first twelve (12) months of actual and continuous service of the individual’s employment with the Calimesa Fire Department. Periods of time paid or unpaid leave exceeding five (5) days (consecutive or not consecutive) shall automatically extend the probationary period by the number of days the employee is on leave. A probationer/probationary employee is an at-will employee who serves at the pleasure of the Appointing Authority, has no property right in continued employment, may be rejected at any time during the probationary period with or without cause or reason, and has no right to any pre- or post-disciplinary procedural due process or evidentiary appeal, and has no right to any administrative appeal under the Firefighters Procedural Bill of Rights Act (FFBOR).

An employee shall be deemed to have passed probation at the end of the probationary period if, after completion of a successful evaluation, the Fire Chief requests the employee be made a regular employee,

City of Calimesa Personnel Rules and Regulations
and the Personnel Action Form is signed by the Appointing Authority. If the Fire Chief does not recommend regular employment and the Appointing Authority does not make a regular appointment, the employee shall be rejected.

5. Extensions of Probationary Periods of Fire Department Employees. Any new hire (or rehire) probationary period may be extended for up to an additional six months for employees serving in a promotional probationary status, at the recommendation of the Fire Chief and the Human Resources Director, with approval by the City Manager. Whenever possible, the Fire Chief shall give the probationary employee written notice of the extension of the probationary period prior to the expiration of the probationary period. Failure to give the probationary employee notice of the extension prior to the expiration of the initial probationary period or prior to the expiration of any promotional probationary period shall automatically extend the probationary period.

6. Probationary Periods for Non-Fire Suppression Fire Department Positions. Candidates for employment in non-fire suppression positions within the Fire Department shall be required to demonstrate they meet the minimum qualifications for the position and comply with all applicable requirements set forth in the City of Calimesa Personnel Rules and Regulations for applicants. All offers of employment shall be contingent on the candidate passing a pre-employment background assessment, pre-employment fitness for duty examination and drug testing consistent with applicable State and Federal laws, and such applicants shall be subject to all other selection, verification and/or hiring procedures including service in a probationary period of 1,040 hours or six months, for new hires (or rehires), and a promotional probationary period of 1,040 hours in the promotional position. A probationer/probationary employee is an at-will employee who serves at the pleasure of the Appointing Authority and may be rejected or terminated at any time during his/her probationary period at any time by the Appointing Authority with or without cause, and has no right to any pre or post-disciplinary due process or right to an evidentiary appeal, as provided in Rule 20.

C. Duration - Promotional Appointment.

1. Promotional appointments shall be subject to probation of one thousand forty (1,040) hours of actual and continuous service. The probationary period is a period of assessment of capabilities for the position to which the employee is promoted. At the successful conclusion of that probationary period, the employee will be evaluated and may receive a merit increase.

2. Promotional Appointments to the positions of firefighter, apparatus engineer, captain, and battalion chief shall be subject to a probationary period of six months of actual and continuous service, during which an assessment will be made of capabilities for the promotional position. During a promotional probationary period, the probationary employee shall be at-will employee as to the promotional appointment and shall serve at the pleasure of the Appointing Authority and may be rejected from his/her probationary promotional appointment at any time without prior notice or right of appeal, including any administrative appeal relating to his/her promotion, unless such rejection during a promotional appointment constitutes punitive action under the FFBOR.

Resolution No. 2024-03
Exhibit “C” - Amendments to:

Rule 27 – Retirement Benefits

City of Calimesa Personnel Rules and Regulations
Public Employees Retirement System. Unless otherwise exempted, all employees of the City who work at least one thousand (1,000) hours per year are automatically covered by the City’s contract with the California Public Employees Retirement System (“PERS”).

Public Agency Retirement Services. Unless otherwise exempted, all Fire Department employees of the City are automatically covered by the City’s contract with the Public Agency Retirement Services (“PARS”).

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “D” - Amendments to:

Rule 31 – Hours of Work, Overtime, Compensatory Time and Standby Time

4. Manner and Form of Compensation.
a. Overtime assigned and worked by non-exempt employees shall be compensated at time and one-half (1-1/2) the employee’s regular rate of pay. b. The employee may request, and the Department Director shall have the unrestricted discretion to approve or not approve, compensation in the form of accrued compensatory time at time and one-half (1-1/2), except that an employee may not accrue more than forty (40) hours of compensatory time at any time. With City Manager approval, the maximum amount of accrued compensatory time may be extended to eighty (80) hours. Overtime shall be credited in fifteen (15) minute increments with no credit given for time worked which is less than fifteen (15) minutes. c. Selection of pay or compensatory time shall be made during the pay period in which the overtime hours are worked.
d. Credited compensatory time spent shall be taken as time off except upon termination of the employee or as otherwise approved by the City Manager. A Department Director may decide when an employee may take all or part of his/her accumulated compensatory time. e. Requests by an employee for the use of accrued compensatory time shall be subject to the convenience of the City and to the extent authorized by law. f. Time worked as overtime shall not be used to earn supplemental benefits or to serve out probation or merit salary increase periods. g. Holiday hours shall be counted toward hours worked for the calculation of overtime purposes. If an employee works outside of normal hours they shall receive time-an-a-half for the extra hours worked, even though they had not actually worked due to a holiday falling within that period. This rule only applies to those holidays listed as City Holidays in Rule 32 of these Personnel Rules and Regulations.

5. Allocation. Insofar as is feasible, allocation of overtime shall be equally distributed among employees of affected classifications.

6. Required Attendance at Training on Off-day. The City shall compensate nonexempt employees who are required to attend training on an off-day pursuant to requirements of the FLSA. Exempt employees who attend training or conferences on their off-day shall not receive in lieu off-days.

7. Overtime Worked on Call Back or on Regularly Scheduled Vacation Days or City Holidays. Employees called from home to perform overtime work, or required to work on a regular City holiday or on a scheduled vacation day, shall be entitled to overtime compensation in accordance with the requirements of the FLSA.

City of Calimesa Personnel Rules and Regulations

8. Overtime - Fire Protection Personnel. For eligible fire protection employees (as defined under the FLSA), overtime shall be determined in accordance with the FLSA, including but not limited to, Section 7(k) of the FLSA (29 U.S.C. § 207(k» and 29 CFR Part 553. The official workweek shall be fifty-three (53) hours duty per week based on a two (2) shift schedule of 24-hours per shift. The work period for purposes of calculating overtime shall be seven (7) calendar days in accordance with Section 7(k) of the Fair Labor Standards Act (FLSA). Overtime is any hour(s) worked over 53 hours per an established workweek.

Section 7(k) of the FLSA (29 U.S.C. § 207(k» states:
(k) Employment by public agency engaged in fire protection or law enforcement activities.

No public agency shall be deemed to have violated subsection (a) of this section with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if-
(1) In a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of
a. 216 hours, or
b. The average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975; or (2) In the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his/her work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his/her work period as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1)) Compensation at a rate not less than one and one-half times the regular rate at which he/she is employed.

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “E” - Amendments to:

Rule 32 – City Paid Holidays
A. With the exceptions provided herein, holidays for employees covered under these Rules shall be as follows:

New Year’s Day
Martin Luther King Day
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving Day
The Friday following Thanksgiving Day
Christmas Eve
Christmas Day
New Year’s Eve Day
2 Floating Holidays
Birthday Holiday
Juneteenth (June 19th – in lieu of a personal floating holiday) When a holiday falls on a Friday t under the four-ten schedule, another day will not be taken off. Instead, the ten (10) hours of holiday pay will be credited and banked for use by the employee as holiday leave.

Two (2) Floating holidays are earned on a calendar year basis and may not be accumulated by an individual from year to year. Any earned floating holidays balance shall be cleared on December 31 of each calendar year. All regular, full-time employees shall earn 20 hours of floating holiday pay commencing on January 1 of each year. All regular full-time employees can choose to take Juneteenth off in lieu of one (1) floating holiday earned. However, if the employee does not choose to use a floating holiday to recognize Juneteenth, the employee is expected to work, as the City will not be closed.

Employees shall earn a birthday holiday on a calendar year basis and may not be accumulated by an individual from year to year. The birthday holiday earned must be used on the employee’s birthday or during the month of their birthdate.

Employees shall earn “banked time” of 10 hours per each non-workday Friday, when a holiday falls on said Friday. The “banked time” will be for use by the employee as holiday leave.

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “F” - Amendments to:

Rule 34 - Vacation Leave
A. Vacation Accrual. All regular, full-time employees except those excluded below, shall accrue vacation days commencing on their first day of employment, according to the following schedule.

Probationary employees accrue, but may not take vacation leave, until they have completed their probationary period.
1 to 5 Years of Service 80 hours/year (3.08 hours/pay period) 6 to 10 Years of Service 120 hours/year (4.62 hours/pay period) 11 or More Years of Service 160 hours/year (6.16 hours/pay period) All management employees shall accrue:
1 to 5 Years of Service 80 hours/year (3.08 hours/pay period) 6 to 10 Years of Service 120 hours/year (4.62 hours/pay period) 11 or More Years of Service 160 hours/year (6.16 hours/pay period) Part-time employees regularly assigned to work more than twenty (20) hours shall receive vacation prorated for the time worked as it compares to forty (40) hours. Part-time employees regularly assigned to work twenty (20) hours or less do not receive or accrue vacation leave. Seasonal, temporary and emergency employees do not receive or accrue vacation leave.

Vacation shall not accrue on overtime hours or for attendance at City Council and/or commission meetings.

Fire Department Personnel shall accrue vacation days commencing on their first day of employment according to the following schedule. Probationary employees accrue, but may not take vacation leave, until they have completed their 12-month probationary period. ▪ Fire Department employees working a 40-hour schedule would receive the same as other City employees.
▪ Fire Department employees working a suppression shift (55.9-hour schedule) will receive the following vacation time:
o 1 to 5 Years of Service 96 hours/year (3.69 hours/pay period) o 6 to 10 Years of Service 144 hours/year (5.54 hours/pay period) o 11 or more Years of Service 192 hours/year (7.38 hours/pay period) ▪ Holidays/Floating Holidays: In recognition of 24/7 operation for suppression shifts, holiday time is 12 hours pay in-lieu of time off.

In no event shall a Fire Department employee accrue in excess of thirty (30) working days (two hundred forty [240] hours) of vacation time. When an employee reaches thirty (30) working days or two hundred forty (240) hours of vacation time, the employee shall cease accruing vacation time.

City of Calimesa Personnel Rules and Regulations
G. Vacation Cash Out Procedure. Employees may elect to cash out of vacation time subject to the terms and conditions set forth below.

1. Any employee wishing to cash out accumulated vacation hours must submit an irrevocable written election by December 31 of the calendar year prior to the calendar year in which the employee wishes to cash out vacation time. For example, if an employee would like to elect to receive a vacation cash out in 2025, they must make the written election no later than December 31, 2024. Forms will be provided for eligible employees to make the election.

2. In order to qualify for the vacation cash out election, an employee must have two (2) or more years of service at the time of the election.

3. Cash out payments shall be made in the first paycheck in December of the calendar year for which the election is made.

4. Employees may request to cash out up to forty (40) hours of vacation accrued in the year of election. The cash out payment shall be the lesser of the requested number of hours to be cashed out or the employee’s accumulated vacation balance at the time of the cash out payment, times the employee’s regular rate of pay at the time of the cash out, subject to meeting the usage of vacation time as outlined in section 5 below.

5. Vacation hours used for paid time off will be deducted first from vacation hours accrued in prior calendar years, and last from annual leave hours accrued in the current calendar year.

6. The employee must have used at least eighty (80) hours of vacation time during the twelve (12) months immediately preceding the cash out payment.

7. Employees who are eligible for vacation cash out and do not make an affirmative election by the end of the calendar year shall be deemed to have irrevocably elected not to redeem annual leave for pay in the subsequent calendar year.

8. Due to the change in policy, for calendar year 2024 only, employees may follow the previous Vacation Cash Out Procedure, which is as follows:
a. If an employee has three (3) or more years of service and has used eighty (80) hours of vacation during the calendar year, the employee is eligible to cash out forty (40) hours of vacation time at his/her regular rate of pay.

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “G” - Amendments to:

Rule 35 - Sick Leave
A. Policy. Sick leave may be granted by the City for the following purposes: diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent-inlaw; spouse; registered domestic partner; grandparent; grandchildren; or sibling; or for an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.

B. Definition. For purposes of this Rule, an employee’s “immediate family” shall consist of an employee’s spouse, mother, father, brother, sister, half-brother or sister, children, step-children, grandparents, grandchildren, mother/father in-law, son or daughter in-law, brother or sister in-law, foster children or legal wards and legal guardians, domestic partner and same relatives listed of a domestic partner.

C. Accrual. All full-time regular employees shall accrue paid sick leave at the rate of eight (8) hours per month (ninety-six [96] hours per year) or major fraction thereof for each calendar month of paid status. All other employees who work 30 or more days within a year from the commencement of employment with the City accrues one hour of paid sick leave for every 30 hours worked. Sick leave shall not be accrued by an employee during a City authorized leave of absence without pay or any other unpaid absence from duty not authorized by the City.

All full-time Fire Department employees shall accrue paid sick leave at the rate of twelve (12) hours per month (5.54 hours/pay period).

D. Holidays During Sick Leave. Observed holidays occurring during sick leave shall not be charged against an employee’s accrued sick leave.

E. Supervisory Discretion to Relieve Employees from Duty. Supervisors shall have the discretion, with concurrence of the Human Resources Director, to place employees on sick leave when, in the reasonable judgment of the supervisor, the presence of the employee at work would endanger the health and welfare of other employees or where the illness or injury of the employee interferes with the performance of such employee’s duties.

F. Sick Leave Accrued Limit. Any unused portion of accumulated sick leave may be carried over into the next calendar year, provided, however, an employee’s, including Fire Department employee’s accumulated sick leave may not exceed nine hundred sixty (960) hours unused sick leave; further accumulation shall not be allowed.

G. Unused Sick Leave. Any unused portion of accrued sick leave may, at the employee’s election, be credited to the employee’s PERS account upon retirement for additional service credit. Fire Department employees are exempt from this election, as they are PARS Retirement recipients and not members of CalPERS.

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “H” - Amendments to:

Rule 36 – Family and Medical Care Leaves
C. Definitions.
(a) “12-Month Period” means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. (b) “Single 12 Month Period” means a 12-month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date.
(c) “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-to-day responsibility for care, and includes a biological, adopted, foster or stepchild. A child is “incapable of self-care” if he/she requires active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.
(d) “Parent” means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.
(e) “Spouse” means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined below. (f) “Domestic Partner” is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient. (g) “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “I” - Amendments to:

Rule 38– Other Leaves
A. Bereavement Leave. When a full-time regular employee is compelled to be absent from work because of the death of the employee’s immediate family member, i.e. employee’s spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, brother, sister, mother/father-in-law, son or daughter-in-law, brother or sister-in-law, legal guardian, or custodial child, or the same relatives of a domestic partner, the employee may upon approval of the Appointing Authority, be given three (3) days of paid leave, to attend the funeral or memorial services. Two (2) additional days are allowed for provided, however, that such additional time off shall be deducted from any accumulated sick leave, floating holiday or compensatory time off available to the employee or taken as unpaid leave.

L. Reproductive Loss Leave.

1. Reproductive loss includes the following events:
a. Dissolution or breach of an adoption agreement, which results in the employee not becoming an adoptive parent.
b. Dissolution or breach of a surrogacy agreement, or failed embryo transfer to a surrogate, which results in the employee not becoming a parent to a child born as the result of surrogacy:
c. Miscarriage;
d. Stillbirth; or
e. Unsuccessful assisted reproduction, such as an unsuccessful round of intrauterine insemination or other reproductive technology.

Reproductive loss does not include the failure to conceive through sexual intercourse. It does not include failed attempts to become an adoptive parent or parent through surrogacy, if the failure is due to anything other than breach or dissolution of an agreement, or unsuccessful embryo transfer.

2. Eligibility. Employees are eligible for reproductive loss leave once they have worked for the City for 30 days, whether full or part time. Employees are eligible for reproductive loss resulting in the employee not becoming a parent in that instance. For example, a pregnant employee who experienced a miscarriage is eligible for leave. Eligibility would also extend to an employee who would have become a parent but for the miscarriage of the employee’s spouse, domestic partner, or any other individual.

3. Requirements. The City must provide 5 days of leave to an employee who requests leave following reproductive loss. The leave must be taken within three months of the date of reproductive loss. However, if an employee takes other leave under State or Federal law prior to or immediately following the reproductive loss (e.g. pregnancy disability leave or California Family Rights Act leave), reproductive loss leave may be taken within three months following the conclusion of the other State or Federal leave. If an employee experiences more than one reproductive loss within one year, the City is not obligated to provide more than 20 days of leave per 12-month period.

City of Calimesa Personnel Rules and Regulations
Reproductive loss leave shall be unpaid, the employee is entitled to use vacation, sick, compensatory, or any other paid time off otherwise available.

It is illegal to retaliate against an employee for requesting or using reproductive loss leave, or for providing information or testimony in any proceeding related to reproductive loss leave. The City must maintain the confidentiality of an employee who requests or uses reproductive loss leave and may disclose information regarding the employee’s reproductive loss only to internal personnel, legal counsel, or as required by law.

City of Calimesa Personnel Rules and Regulations
Resolution No. 2024-03
Exhibit “J” - Amendments to:

Rule 45– Drug & Alcohol Use Policy
A. Policy.

1. It is City policy that employees shall not be under the influence of, or be in possession of alcohol or unauthorized drugs, while on City property, at work locations or while on duty or subject to being called to City duty, or sell or provide unauthorized drugs or alcohol to any other employee, or to any person while such employee is on duty or subject to being called, nor have their ability to work impaired as a result of the use of alcohol or drugs.

2. While use of medically prescribed medications and drugs is not a violation of this policy, failure by the employee to notify his/her supervisor before beginning work, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties or operation of City equipment can result in discipline, up to and including termination. In the event there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified physician may be required.

3. The City may notify the appropriate law enforcement agency that an employee may have illegal drugs in his/her possession or in an area not jointly or fully controlled by the City.

4. Refusal to submit immediately to an alcohol and/or drug analysis when requested by City management or law enforcement personnel, or refusal to submit to a search of personal property if requested by law enforcement personnel may constitute insubordination and may be grounds for discipline, up to and including termination.

5. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until they can be safely transported from the work site. A City-sponsored employee assistance program is available to employees for voluntary consulting or referral.

6. All drug and alcohol tests shall be conducted in accordance with the requirements of the Americans with Disabilities Act, the California Fair Employment and Housing Act and any other applicable Federal and/or State statutes and regulations.

7. Government Code Section 12954 makes it unlawful for a covered employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalizing a person, if the discrimination is based upon any of the following:
• The person’s use of cannabis off the job and away from the workplace; or • An employer required during screening test has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine or other bodily fluids.

8. An employee is not permitted to possess, be impaired by, or use cannabis on the job. As such, this policy is hereby enforced prohibiting employees from possessing, being impaired by, or using cannabis while working.

City of Calimesa Personnel Rules and Regulations
B. Definition of Drugs. The term “drugs” means over-the-counter drugs; substances controlled by statute or regulation, such as those available only by prescription of a licensed physician, dentist or other licensed practitioner; and illegal or “street” drugs.

C. Notification of Drug Use. An employee who is using an over-the-counter or prescription drug which may impair his/her ability to perform work safely and efficiently must report such use to his/her Supervisor. The employee’s supervisor will place him/her in an alternative position, if available, or on leave of absence until he/she is no longer using or affected by that drug.

D. Alcohol or Drug Test. When a supervisor or manager has a reasonable suspicion that any employee is using or is under the influence of drugs or alcohol, that employee may be required to submit to a blood, urine or other testing or examination designed to detect such use, and must, within twentyfour (24) hours of request, provide bona fide verification of a current valid prescription in the employee’s name for any potentially impairing drug or medication identified when a drug screen/test is positive. If the employee refuses to consent to submit to, or fails to otherwise cooperate in the testing/examination process, the employee will be subject to discipline, up to and including dismissal.

E. Reasonable Suspicion. “Reasonable suspicion” to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, an accident involving a City vehicle, equipment or otherproperty, or other evidence of recent drug or alcohol use.

F. Right to Search. The City reserves the right to search, without employee consent, all areas and property of the City in which the City maintains joint control with the employee or full control so long as one of the following occurs: the area/property is searched in the employee’s presence; the area/property is searched with the employee’s consent; a valid search warrant has been obtained; or the employee has been notified that a search will be conducted. The City may enlist the assistance of law enforcement personnel in connection with the enforcement of this policy.

G. Violation of Policy. If the test results are positive for drugs or alcohol or if an employee has otherwise violated this policy, the employee may be subject to discipline, up to and including termination.

H. Assistance Programs. If an employee has a drug or alcohol abuse problem, the employee is encouraged to seek help through drug and alcohol treatment programs. More information on employee assistance for drug and alcohol abuse is available in the Human Resources Department. Leaves of absence and/or other accommodations may be provided by the City pursuant to Federal and/or State law.

I. Agreement to Comply with Policy. Every employee shall sign a statement of his/her agreement to follow the requirements of this Drug-Free Workplace Policy. Employees must, as a condition of employment, abide by the terms of this policy and report any conviction under a criminal drug statute for violations occurring on or off City premises while conducting City business. A report

City of Calimesa Personnel Rules and Regulations
of conviction must be made to the Human Resources Director within five (5) days after conviction, as mandated by the Drug-Free Workplace Act of 1988.

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: PURCHASE OF SKID STEER LOADER
MEETING DATE: January 16, 2024
PREPARED BY: Eric Williamson, Maintenance Supervisor
Margaret Monson, Director of Public Works
RECOMMENDATION: That the City Council approve the purchase of a SSV75HFRC- skid steer with cab for the purchase price of $77,843.92.

DISCUSSION: Currently, the City of Calimesa Public Works Department is using a Case 580 Super K, that has been in service for 34 years. While this tractor is still in working order. It is getting close to the end of its life span. Also, the current backhoe is not carbon emission compliant per the state requirements.

The city is growing at such a fast rate this new unit will be necessary in the near future. Skid steers are compact, powerful, and versatile machines. They can fit into small spaces and complete various types of jobs in a city operation that the current machine cannot. Due to their design, they are small enough to scoop out various materials, lift a tree into a landscape site, and quickly move payloads of rock, gravel, sand, or building materials. Their numerous attachments make the skid steer as valuable as any utility tractor. The usefulness of skid steers for landscape operations is hard to overstate but they are not without their limitations. The skill and knowledge required for safe operation is often misunderstood and underestimated.

Procuring this Skid steer will save the city a significant amount of money annually by allowing staff to work more efficiently. With additional attachments, this loader can function as several pieces of Equipment, including a street sweeper, concrete break, forklift, woodchipper, etc. As time allows the city will procure more attachments, increasing the functionality of the skid steer. Starting out it will only be purchased with a combo bucket, Angle broom, and Pallet forks which 75% of the public work tasks are done with these attachments. The skid steer with forklift attachment will also help with SB 1383 (California’s Short-Lived Climate Pollutant Reduction Law) procurement requirements at City compost giveaway events and for mulching operations. At past events, we have had trouble maneuvering pallets to distribute.

Staff solicited quotes from 3 different manufacturers, with the lowest quote received from Inland Kubota in the amount of $77,843.92.

FISCAL IMPACT: The approved FY 2023-24 General Fund budget included the purchase of a skid steer and has a sufficient balance available for this purchase. Staff is waiting on approval for an SB 1383 grant which would help cover the cost of the purchase.

ATTACHMENTS:

Attachment A: Kubota Quote
Attachment B: Cat Quote
Attachment C: Bobcat Quote

Ship To Kubota Dealer Bill To

CITY OF CALIMESA

ERIC WILLIAMSON
CA
Mobile: (909) 809-8714
[email protected]
Inland Kubota, Inc.
32200 Outer Hwy. 10
Redlands, CA 92373
Troy McComas
Phone: (909) 795-1771
Email: [email protected]

CITY OF CALIMESA

ERIC WILLIAMSON
CA
Mobile: (909) 809-8714
[email protected]
SSV75HFRC - SKID STEER W/CAB, HYDRAULIC QUICK COUPLER, HIGH FLOW HYDRAULICS & KSR
Description Manufacturer Model # Qty Price Each Total

SKID STEER W/CAB, HYDRAULIC QUICK COUPLER, HIGH FLOW
HYDRAULICS & KSR (Serial Number: KBCZ141CJPJM40173)
Kubota SSV75HFRC 1 $60,278.43 $60,278.43
3" RETRACTABLE SEAT BELT KIT Kubota K9926 1 $116.09 $116.09 HOSE STAY FOR SSV/SVL MODELS Kubota S6763 1 $100.10 $100.10 SSV65/75 HAZARD LAMP AND TURN SIGNALS KIT Kubota S6963 1 $287.32 $287.32 ANGLE BROOM 72 LAND PRIDE AP-AB72 1 $7,775.00 $7,775.00 74" COMBO BUCKET LAND PRIDE AP-CB3574 1 $6,528.00 $6,528.00 5500 LB PALLET FORK 48" LAND PRIDE PFL5648 1 $1,660.00 $1,660.00 Cash Details
Equipment Total $76,744.94
Return Customer Discount -$4,500.00
Tax $5,598.98
Cash Sale Price $77,843.92
Quote Page 1 of
Quote Number: 621962
Effective Date: 01/09/2024
Valid Through: 01/31/2024
Additional charge of $1.75 per tire for CA tire tax. $10 loan origination to be charged as required for terms of 72 months or less. $15 loan origination to be charged as required for terms greater than 72 months. These costs are not included in the cash Kubota Disclaimer
Sales quote can only be provided by a participating Kubota dealer. Only Kubota and Kubota performance-matched Allied equipment are eligible. Inclusion of ineligible equipment may result in a higher blended APR. Stand Alone Kubota or Allied implements and attachments/accessories are subject to stand alone programs. Financing is available through Kubota Credit Corporation, U.S.A.; subject to credit approval. Program eligibility requirements are subject to change without notice and may be withdrawn without notice. Some exceptions apply. See dealer or go to KubotaUSA.com for more information.

Attachment 9A

S Series SSV75HFRC
* * * EQUIPMENT IN STANDARD MACHINE * * *

FEATURES
Vertical Lift Path Loader Frame
Standard Front Quick Coupler, Float Standard
Hydraulic Quick Coupler Option
One Way Self‐Leveling
with Kubota Shock‐less Ride (KSR) Option
Loader Boom Lock
Loader Arm Drop Valve
Open ROPS & Air Conditioned ROPS/FOPS Cab Models
Adjustable, Vinyl, Suspension Seat
2" Retractable Seat Belt and 2‐Piece Seat Bar
12V Electric Outlet

20.9 gpm Auxiliary Hydraulics,

30.4 gpm High Flow Hydraulics Option
Direct To Tank Return Line
12x16.5, 10PR Heavy‐Duty Tires
Two Speed Travel System
Spring Applied Hydraulically Released (SAHR) Brakes
Gear Drive Pumps & Variable Loader
and High Flow Pumps (if equipped)
Mechanical Hand & Foot Controls
Electronic Dial Throttle
Automatic Glow Plugs
Key Switch Stop/Start System
Self‐Bleed Fuel System
2 Front and 2 Rear Working Lights
2 Front Corner Lights & 2 Rear Red Tail Lights
Hour Meter, Engine Temperature and Fuel
Gauges and Warning Lights
Horn and Backup Alarm
Lockable Fuel Cap Door
Bolt On Grab Handles to enter machine
BASIC UNITS
SSV75HFRC, AC Enclosed Cab,
High Flow Hydraulics,
Self‐Leveling with KSR,
Hydraulic Quick Coupler
OPERATIONAL DIMENSIONS
Operating Weight*, SSV75*,
Open ROPS/FOPS Cab,
Mechanical Quick Coupler 8,157 lbs.

Rated Operating Capacity (ROC)
@ 50% of Tipping Load 2,690 lbs.

Tipping Load 5,380 lbs.

Auxiliary Hydraulics Flow 20.9 / 30.4 gpm
Travel Speed (Low / High) 7.1 / 11.8 mph
Reach @ Maximum Height 36.9”
Height to Hinge Pin 128.3”
Ground Clearance 8.1"
Traction Force 8,494 lbf.
* Includes operator's weight, 175 lbs.

ENGINE
V3307 Kubota CR‐TE4, Tier 4 Diesel Engine
4‐Cylinder, 4 Cycle, Turbo Charged

74.3 Gross HP @ 2600 rpm

3.3 L Displacement
196 lbf‐ft Peak Torque

DIMENSIONS
Cab Height 81.3"
Width over wheels 71.8"
Width with 68" standard bucket 75.0"
Length without bucket 115.0"
Length with standard bucket 144.1"

170906-01
Oct 10, 2023

CITY OF CALIMESA
908 PARK AVENUE
CALIMESA, California 92320
Attention: ERIC WILLIAMSON
Hello
We would like to thank you for your interest in our company and our products, and are pleased to quote the following for your consideration.

One (1) New Caterpillar Inc. Model: 272D3XE Skid Steer Loader including standard and optional equipment as listed below.

STOCK NUMBER: SERIAL NUMBER: YEAR: SMU:

We wish to thank you for the opportunity of quoting on your equipment needs. This quotation is valid for 30 days, after which time we reserve the right to re-quote. If there are any questions, please do not hesitate to contact me.

Sincerely,
Joseph Munoz
Machine Sales Representative
One (1) New Caterpillar Inc. Model: 272D3XE Skid Steer Loader including standard and optional equipment as listed below.

Standard Equipment

POWERTRAIN
Cat C3.8 turbo aftercooled diesel engine Filter, cartridge type, hydraulic -Gross horsepower per SAE J1349 Filters, canister type, fuel 110 hp (82 kW) @ 2400 RPM and water separator
-Electric fuel priming pump Radiator/hydraulic oil
-Air inlet heater starting aid cooler (side-by-side)
-Liquid cooled, direct injection Spring applied, hydraulically released, Two speed travel with ride control parking brakes
Air cleaner, dual element, radial seal Hydrostatic transmission S-O-S sampling valve, hydraulic oil Four wheel chain drive

HYDRAULICS
Quote 170906-01

Attachment 9B

HYDRAULICS, XHP -Worktool harness
-High flow: 40 gpm (150 lpm) max CONTROLS:
-High flow pressure: 4061 psi Electro/hydraulic implement control 28000 kPa max Electro/hydraulic hydrostatic
-Continuous flow transmission control
-Hydraulics, proportional

STARTERS, BATTERIES, & ALTERNATORS
1000 CCA heavy duty battery w/disconnect

ELECTRICAL
12 volt electrical system -Two rear tail lights
100 ampere alternator -Dome light
Ignition key start / stop / aux switch Backup alarm
Lights: Electrical outlet, beacon
-Gauge backlighting

OPERATOR ENVIRONMENT
Operator warning system indicators: -Hydrostatic transmission disables -Air filter restriction -Parking brake engages
-Alternator output ROPS Cab, enclosed (C3), tilt up:
-Armrest raised / operator out of seat -Air conditioner incl heater/defroster -Engine coolant temperature -Side wcndows
-Engine oil pressure -Cup holder
-Air inlet heater activation FOPS, Level I
-Hydraulic filter restriction Top and rear windows
-Hydraulic oil temperature Deluxe headliner
-Park brake engages Floormat
-Engine emission system Interior rear view mirror
Gauges: DEF level, fuel level, 12V electric socket
hour meter and tachometer Horn
Storage compartment with netting Hand (dial) & foot throttle, electronic Seat, comfort, air suspension, cloth, Dual direction electronic self level - heat (raise and lower)
-High back heated seat with recline Work tool return to dig -Lumbar support Work tool positioner
-Fully adjustable seat mounted Electronic snubbing (lift) controls Advanced LCD display
Ergonomic contoured armrest -Full color 5 inch LCD screen Control interlock system, when operator -Advanced anti-theft security system, leaves seat or armrest raised: with 50 user code capability -Hydraulic system disables -Rear view camera
FRAMES
Lift linkage, vertical path Support, lift arm
Quote 170906-01

Chassis, one piece welded Cast rear bumper
Machine tie down points (6) Ventilated rear door with integrated Belly pan cleanout sealing

OTHER STANDARD EQUIPMENT
Engine enclosure - lockable Heavy duty flat faced quick disconnects Extended life antifreeze (-37C, -34F) with integrated pressure release Coupler, mechanical Split d-ring to route work tool hoses Hydraulic oil level sight gauge along side of left lift arm Radiator coolant level sight gauge Variable speed hydraulic cooling fan Radiator expansion bottle Per SAE J818-2007 and EN 474-3:2006 and Cat tough guard hose ISO 14397-1:2007

MACHINE SPECIFICATIONS
272D3 XE SSL DCA6B 633-4123
HEATER, ENGINE COOLANT, 120V 345-3556
REAR LIGHTS 356-6082
QUICK COUPLER, HYDRAULIC 512-3401
DOOR, CAB, POLYCARBONATE 539-8061
SEAT BELT, 2'' 542-6994
CERTIFICATION ARR, P65 563-1163
PRODUCT LINK, CELLULAR PL243 566-7115
CAB PACKAGE, ULTRA 588-9098
272D3 XE SKID STEER LOADER 597-4540
LANE 3 ORDER 0P-9003
LIGHTS, LED 495-1671
STANDARD RADIO(12V),BLUETOOTH 345-6180
FAN,COOLING, DEMAND, REVERSING 579-8782
TIRES, 14/17.5 CAT 14PR 331-2490
INSTRUCTIONS, ANSI, USA 512-4282
SERIALIZED TECHNICAL MEDIA KIT 421-8926
MOUNTING, FIRE EXTINGUISHER 563-7518
FILM, SELF LEVEL, ANSI 435-9238
FILM, RIDE CONTROL, ANSI 422-3445
SHIPPING/STORAGE PROTECTION 0P-2266
PACKING, ROLL ON - ROLL OFF 0P-0226

WARRANTY & COVERAGE
Standard Warranty: 24 MONTHS / 2,000 HOURS FULL MACHINE Extended Coverage: 36 MO/1500 HR POWERTRAIN + HYDRAULICS + TECH (Tier 4) CSA 24 MO / 1,000 HOURS PM PARTS KIT (2023 BCP NAT'L OFFER) SELL PRICE $123,355.89
EXT WARRANTY Included
CSA Included
NET BALANCE DUE $123,355.89
SALES TAX (7.75%) $9,560.08
AFTER TAX BALANCE $132,915.97
Quote 170906-01

PAYMENT TERMS
Cash Invoice Terms

CASH WITH ORDER
$0.00
F.O.B/TERMS:

Accepted by___________________________________ on ____________________ ______________________________
Signature
Quote 170906-01

Product Quotation
Quotation Number: AM131971
Quote Sent Date: Oct 10, 2023
Expiration Date: Nov 09, 2023
Prepared By
Art Mata
Phone: 951-206-4632
Email: [email protected]
_________________________________________________________________________________________________________ Customer
City of Calimesa (Public Works)
908 Park Ave
Calimesa, CA, 92320
Phone: (909) 809-8714
Contact
Eric Williamson
Phone: +19098098714
Email: [email protected]
Dealer
Inland Bobcat, Riverside, CA
5494 VIA RICARDO
RIVERSIDE, CA, 92509
Item Name Item Number Quantity Price Each Total
S770 T4 Bobcat Skid-Steer Loader M0283 1 73,868.00 73,868.00 Serial Number: AT5A18948
Standard Equipment:
92 HP Turbo Tier 4 Diesel Engine
Air Intake Heater (Automatically Activated)
Auxiliary Hydraulics: Variable Flow
Backup Alarm, Bob-Tach
Bobcat Interlock Control System (BICS)
Controls: Bobcat Standard
Engine/Hydraulic Systems Shutdown
Horn
Instrumentation: Engine Temp and Fuel Gauges, Hour meter, RPM and Warning Lights
Lift Arm Support, Lift Path: Vertical
Tires: 12-16.5 12 PR Bobcat Heavy Duty
Warranty: 2 years, or 2000 hours whichever occurs first C37 Comfort Package
Included: Enclosed Cab with AC/Heat,
Sound Reduction, Cab Accessories Package,
Deluxe Instrument Panel with Keyless Start,
Radio, Heated Cloth Air Ride Suspension
M0283-P07-C37 1 6,435.00 6,435.00
P13 Performance Package
Included: Power Bob-Tach, Hydraulic
Bucket Positioning
M0283-P06-P13 1 1,418.00 1,418.00
Selectable Joystick Controls (SJC) M0283-R01-C04 1 945.00 945.00 74" Heavy Duty Bucket 7272680 1 1,977.00 1,977.00
Bolt-On Cutting Edge 6718007 1 382.85 382.85
Total for S770 T4 Bobcat Skid-Steer Loader 85,025.85
Quote Total - USD 85,025.85
Discount
Dealer Gov. Discount -2,500.00
Government Rebate: US Sep-Dec 2023 -3,800.00
Sales total before Taxes 78,725.85
Taxes 6,395.68
Quote Total - USD 85,121.53
Customer Acceptance:

Quotation Number: AM131971 Purchase Order: ___________________________________ Authorized Signature:

Print:_______________________________ Sign:_____________________________________________________________ Date:_____________ Email:________________________________________________________ Tax Exempt: Y ▢ / N ▢ Attachment 9C

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: ADOPTION OF URGENCY ORDINANCE NO 396 – AN

ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA,
AMENDING CHAPTER 2.65 OF TITLE 2 OF THE CALIMESA

MUNICIPAL CODE TO ESTABLISH A CAMPAIGN
CONTRIBUTION MAXIMUM AMOUNT OF $250, AND DECLARING

THE URGENCY THEREOF
MEETING DATE: January 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt by title only, Urgency Ordinance No. 396, an Ordinance of the City of Calimesa, California, amending Chapter 2.65 of Title 2 of the Calimesa Municipal Code to establish a Campaign Contribution Maximum amount of $250, and declaring the urgency thereof.

BACKGROUND/DISCUSSION: On September 29, 2022, the Governor signed into law Senate Bill (SB) No. 1439 amending the Political Reform Act of 1974 and imposing on local elected officials’ new conflict of interest rules that had previously applied only to local appointed officials.

Government Code Section 84308 now requires local elected officials to:

1. Disclose any contributions over $250 received from parties or participants in a proceeding, or their agents, in the 12 months prior to rendering a decision in that proceeding;

2. Recuse themselves from the proceeding unless the prohibited amount of the contribution was properly disclosed and returned; and

3. Refrain from soliciting or accepting campaign contributions over $250 from parties, participants with financial interest, or their agents while a proceeding is pending and for 12 months following a final decision.

In order to avoid potential inadvertent conflicts of interest and subsequent recusal requirements, staff recommends establishing a campaign contribution limit of $250. Therefore, staff recommends that Calimesa Municipal Code Chapter 2.65 be amended by adding Section 2.65.060 to read as follows:

2.65.060 - Campaign contribution limits.

No person shall contribute a total of more than $250 to any candidate for elected City office and to their controlled committee for a single election. No candidate for elected City office and their controlled committee shall accept any contribution or contributions totaling more than $250 from any person for a single election. Nothing in this section is intended to limit the amount a candidate may contribute to his or her own campaign for elected City office from the candidate's own personal funds.

ATTACHMENTS:

Attachment A: Senate Bill 1439
Attachment B: Urgency Ordinance No. 396

1 ORDINANCE NO. 396

AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, AMENDING CHAPTER 2.65 OF TITLE 2 OF THE CALIMESA MUNICIPAL CODE TO ESTABLISH A CAMPAIGN CONTRIBUTION MAXIMUM AMOUNT OF $250,

AND DECLARING THE URGENCY THEREOF
WHEREAS, On September 29, 2022, the Governor signed into law Senate Bill (SB) No. 1439 amending the Political Reform Act of 1974 and imposing on local elected officials’ new conflict of interest rules that had previously applied only to local appointed officials; WHEREAS, Government Code Section 84308 now requires local elected officials to:

1. Disclose any contributions over $250 received from parties or participants in a proceeding, or their agents, in the 12 months prior to rendering a decision in that proceeding;

2. Recuse themselves from the proceeding unless the prohibited amount of the contribution was properly disclosed and returned; and

3. Refrain from soliciting or accepting campaign contributions over $250 from parties, participants with financial interest, or their agents while a proceeding is pending and for 12 months following a final decision; and
WHEREAS, in order to avoid potential inadvertent conflicts of interest and subsequent recusal requirements, staff recommends establishing a campaign contribution limit of $250.

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

Section 1. Calimesa Municipal Code Chapter 2.65 is hereby amended by adding Section 2.65.060 to read as follows:
"2.65.060 - Campaign contribution limits.

No person shall contribute a total of more than $250 to any candidate for elected City office and to their controlled committee for a single election. No candidate for elected City office and their controlled committee shall accept any contribution or contributions totaling more than $250 from any person for a single election.

Nothing in this section is intended to limit the amount a candidate may contribute to his or her own campaign for elected City office from the candidate's own personal funds."
Section 2. This Ordinance is an urgency ordinance relating to an election within the meaning of Government Code Section 36937(a); and therefore, shall be passed immediately upon its adoption.

Section 3. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Attachment 10B

2 sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause it to be published in the manner required by law.

ADOPTED January 16, 2024, upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
__________________________________

QUINN BARROW, CITY ATTORNEY

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: CITY COMMISSION APPOINTMENT
MEETING DATE: January 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That Council Member Molina appoint one member to the Parks, Trails & Community Services Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2024-02 providing for the appointment made.

SUMMARY: A vacancy exists on the Parks, Trails & Community Services Commission. The Notice of Vacancies was posted and published. Council Member Molina will make an appointment to the Parks, Trails & Community Services Commission.

One (1) vacancy exists, and one (1) appointment shall be made by Council Member Molina and the appointee’s term will coincide with Council Member Molina’s position. An application was received for Parks, Trails & Community Services Commission by Ronna Smith.

ATTACHMENTS:

Attachment A: Resolution No. 2024-02
Attachment B: Citizen Service Application for Ronna Smith

RESOLUTION NO. 2024-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, PROVIDING FOR AN APPOINTMENT TO
THE PARKS, TRAILS AND COMMUNITY SERVICES COMMISSION.

WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.

WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.

WHEREAS, Chapter 2.25.010 of the Calimesa Municipal Code requires that the Parks, Trails and Community Services Commission shall consist of five (5) members and be appointed as follows: Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Parks, Trails and Community Services Commissioner shall serve at the pleasure of the City Council. Appointments to the Parks, Trails and Community Services Commission shall be ratified by a majority vote of the City Council.

WHEREAS, Council Member Molina appoints Ronna Smith to the Parks, Trails and Community Services Commission, for a term to expire December 2024.

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

The City Council ratifies Council Member Molina’s appointment of Ronna Smith to the Parks, Trails and Community Services Commission.

PASSED, APPROVED AND ADOPTED this 16th day of January 2024. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK
Attachment 11A

Attachment 11B

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: APPROVAL OF FINANCING WITH A MASTER EQUIPMENT LEASE PURCHASE AGREEMENT FOR THE ACQISITION OF ONE (1) NEW
SUTPHEN MONARCH G2 PUMPER FOR THE FIRE DEPARTMENT
MEETING DATE: January 16, 2024
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council approve the financing with a master equipment lease purchase agreement for the acquisition of one (1) new Sutphen Monarch G2 Pumper equipment lease with an acquisition cost of $925,801.73.

BACKGROUND: The City Council approved the acquisition of one (1) new Sutphen Monarch G2 Pumper Demo model on December 18, 2023. The City Council and City Manager had discussion regarding the financing of the acquisition and three quotes from financing companies were provided with the December 18, 2023 staff report as well.

Pursuant to Government Code Section 5852.1 – Good Faith Estimates, the following information is required to be provided before financing is finalized and secured. Specific text of the Good Faith Government Code section 5852.1 is as follows:
(a) (1) Prior to authorization of the issuance of bonds with a term greater than 13 months pursuant to this chapter, the governing body of a public body shall obtain and disclose all of the following information in a meeting open to the public:
(A) The true interest cost of the bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of bonds. – Interest Rate

5.67%
(B) The finance charge of the bonds, which means the sum of all fees and charges paid to third parties.- No fees are charged by the lender. (C) The amount of proceeds received by the public body for sale of the bonds less the finance charge of the bonds described in subparagraph (B) and any reserves or capitalized interest paid or funded with proceeds of the bonds. - $925,801.73 (D) The total payment amount, which means the sum total of all payments the borrower will make to pay debt service on the bonds plus the finance charge of the bonds described in subparagraph (B) not paid with the proceeds of the bonds.

The total payment amount shall be calculated to the final maturity of the bonds. $1,209,695.50
(2) The information in paragraph (1) shall be obtained as follows:
(A) As a good faith estimate from an underwriter, financial adviser, or private lender.

DISCUSSION: After review of the three quotes provided, City staff respectfully recommends the City Council approve a financing contract with Community Leasing Partners for the acquisition of one (1) new Sutphen Monarch G2 Pumper. Total financing amount includes the purchase price of $925,801.73. The term is for a 10 year lease, with annual payments of $120,969.55 scheduled annually starting on August 1, 2024 through August 1, 2033. The contract has an interest rate of

5.67%. Prepayment is available and purchase option price amounts are provided starting in year 2 of the agreement, on August 1, 2025. The amortization schedule is provided in the draft contract attached on page 11, grand totals include total payments over 10 years of $1,209,695.50, interest portion of $283,893.77 and principal portion of $925,801.73.

It should be noted there may be some minor administrative and legal language adjustments to the contract that has been provided as an attachment. If there are any changes legal counsel would deem substantive, a revised copy will be provided.

FISCAL IMPACT: The annual payment of $120,969.55 is expected to be funded and provided through the General Fund. Annual payment will be provided through the ongoing annual budget process starting in FY2024-25.

ATTACHMENTS:

Attachment A: Community Leasing Partners Master Equipment Lease Purchase Agreement Attachment B: Funding Options (for informational purposes) Attachment C: Community Leasing Partners Executive Statement

Attachment 12A

Attachment 12B

Attachment 12C

City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: SHOP LOCAL CALIMESA DIGITAL GIFT CARD PROGRAM
UPDATE
MEETING DATE: January 16, 2024
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council receive and file the digital gift card program update and provide direction to staff for the future of the program.

BACKGROUND: On November 6, 2023, the City Council approved the creation of the Shop Local Calimesa Digital Gift Card Program, which included a budget of $50,000 to administer the program, a buy-one-get-one (BOGO) bonus card promotion, and to pay for the eDelivery fees associated with gift card purchases. The City partnered with Yiftee, who sells and processes the gift cards, and HdL’s EconSolutions division to assist in marketing the program, as well as providing analysis and reporting on the program’s progress and utilization. $33,000 was allocated to the BOGO bonus cards and subsidy of the eDelivery fee, and $17,000 was allocated to HdL.

DISCUSSION: The program got off to a slow start, as there was some confusion in the community as to how the program worked. Staff visited businesses in person to properly explain the program and how merchants and consumers participate in the program. Once that was understood, sales took off quickly. The first gift card sale occurred on December 9, 2023. By January 6, less than one month later, the BOGO program was sold out.

Between purchases of gift cards and the bonus cards issued from those sales, over $61,000 was generated to be used as local businesses. As of January 9, over $41,000 has been redeemed at those businesses. Twelve merchants are currently enrolled in the program. A few of those businesses figured out how to leverage the BOGO program to generate additional sales for their businesses, which was the primary purpose of the BOGO program.

Although the BOGO program has expired, residents can still purchase gift cards to be used at participating businesses. However, the purchaser will be responsible for picking up the eDelivery cost, which is $1 plus 5% of the value of the gift card. This is similar to the purchase of a prepaid Visa or Mastercard. Additionally, those with balances remaining on their gift cards can continue to be used at all participating businesses. As such, if businesses are interested in opting in to accept the cards, they can do so to take advantage of those remaining balances.

As a reminder, balances remaining on bonus cards must be used within six months of purchase.

Any balances remaining on bonus cards after six months will expire and will be returned to the gift

card program, which could then be used for future promotions. Purchased cards do not have an expiration date.

Going forward, staff is seeking direction on the future of the program. This has been a very successful program for a handful of businesses, and staff believes the program can grow based on that foundation. However, staff is not recommending additional funding for the program at this time.

Staff believes it may be more appropriate to discuss funding another promotion for the program during the Fiscal Year 2024-25 budget process. Some future options to consider for the program, if the City Council would like to explore additional promotions, may include a lesser match (i.e. purchase $25, receive a $10 bonus card), a subsidy of the eDelivery fee only, or a combination thereof. The City Council could also consider seasonal promotion, focusing on summer dining or the holiday shopping season. Now that the program is in place, we can quickly deploy any future promotional programs because businesses that are already enrolled in the program will continue to be enrolled.

FISCAL IMPACT: No fiscal impact as a result of this report.

ATTACHMENTS:

None.

City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: CALIMESA READER BOARD SIGN UPDATE
MEETING DATE: January 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council receive the report and provide direction to staff as necessary.

BACKGROUND/DISCUSSION: The Calimesa Redevelopment Agency received approval from the City Council to set aside $60,000 for the design and construction of a new community electronic reader board sign to be located on the northwest corner of Calimesa Boulevard and Myrtlewood Drive on private property occupied by “Best Wok Chinese Food” and “The Donut House.” Prior to this action, the property owner had entered into an agreement with the City to grant additional rightof-way along the corner in order to allow “The Shoppes at Calimesa” shopping center to construct conditioned street improvements in accordance with ADA standards. The owner agreed to the dedication and removal of an outdated monument sign in return for a new garden wall to match The Shoppes development, a temporary banner sign, and guarantee of a new sign for the Chinese restaurant and donut shop on the proposed community reader board sign.

In April 2010 the City of Calimesa solicited proposal from qualified firms for the design/build of a reader board along Calimesa Boulevard. During staff review of the proposals submitted, which suggested a budget amount of $45,000, staff agreed that the proposal submitted by Fluoresco was far superior to the others received and decided to move forward with Fluoresco despite the fact that the proposal was about $10,000 over the budget presented in the request for proposals. Prior to the City’s approval of a contract with Fluoresco, a reader board was brought to the City Hall parking lot to demonstrate the product. The demonstration was part of the meeting agenda, when the meeting adjourned to the parking lot to see the sign.

The reader board has been in service since its installation, however the side of the sign that faces the east is in need of repair. This side of the sign has been repaired several times over the years all for the same issues, which have to do with it being affected by the direct sunlight. The age of the sign has now made it ineligible to be covered under an annual maintenance agreement and the cost to repair is approximately $5,000. Even if repaired, inevitably the issue will reoccur. Replacing the sign is an option, however it would come at a cost of approximately $35,000 - $50,000.

Staff is seeking direction from the City Council regarding the reader board sign.

City Council Meeting
Agenda Report
Agenda Item No. 15
SUBJECT: CITYWIDE PAVEMENT MANAGEMENT FY 2023/24
MEETING DATE: January 16, 2024
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: Staff Request That City Council 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 of which the majority was inherited from Riverside County when the City incorporated in 1990. During the March 2021 meeting, staff indicated that the Pavement Condition Index (PCI) for 312 roadway segments ranged from 40 to 100 with an average 63. Streets with PCI greater than 70 are 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 program, at request of Yucaipa Valley Water District to

collaborate with its recycled waterline pavement rehabilitation project. The paving work was completed by YVWD’s contractor.

On December 18, 2023, Staff presented 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 were presented and are attached and include rehabilitation strategies and estimated costs.

During the December 18, 2023 meeting, public comments were received – the majority related to Fremont Street. Comments included pavement deficiencies, drainage deficiencies, and vehicular speeding. Council directed staff to expand the program scope of work for Fremont Street to not only address pavement rehabilitation but also drainage and traffic calming.

For drainage, an asphalt concrete curb together with west side driveway modifications are added to the project scope of work. Staff has modified the cost estimate to include these improvements. The addition of these improvements increased the cost estimate from $269,000 to $517,000.

For traffic calming, the public suggested speed bumps. Speed bumps are an effective calming device but they also create undesirable impacts including increased emergency vehicle response times, create deceleration and acceleration noise pollution, add sign pollution, increase pavement rehabilitation costs (deceleration and acceleration degrade pavement faster), and impact utilities.

Staff requests the opportunity to prepare a speed bump policy for Council consideration prior to implementing a speed bump program. Therefore, no costs related to traffic calming are included in the revised estimate.

Staff is requesting direction 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 as presented at the December 18, 2023 Council Meeting
Attachment B: Revised Street Descriptions, Rehabilitation Strategies, and Estimated Costs Attachment C: Street Location Exhibit

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 $ 406,0002 Bryant Street County Line Road E Avenue L 64 Selcect Removal and Replacement, Curb, Gutter Driveway Improvements, Slurry Seal $ 600,000
2 2nd Street County Line Road W Avenue L 46-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 380,000 2 Fisher Court 2nd Street End 52 Full Depth Removal and Replacement $ 160,0002 Alton Court 2nd Street End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 149,000 Subtotal: $ 1,695,000
3 Fremont Street County Line Road E Avenue L 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 269,0003 E Avenue L Fremont Street 400 Feet West 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 106,0003 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 3 Holmes Street County Line Road End 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 279,000 3 Holmes Way Holmes Street End 46 Grind and Overlay with Select Full Depth Removal and Replacement $ 188,0003 Ronda Court Holmes Street End 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 144,000 Subtotal: $ 1,244,000
4 Halberta Circle Sundar Drive End 46 Grind and Overlay with Select Full Depth Removal and Replacement $ 135,0004 Cling Way Flordason Drive Halberta Circle 52 Full Depth Removal and Replacement $ 87,0004 Flordason Drive Cling Way 3rd Street 46 Full Depth Removal and Replacement $ 182,0004 4th Street County Line Road W Avenue L 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 360,0004 4th Street W Avenue L Myrtlewood Drive 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 194,0004 3rd Street W Avenue L Myrtlewood Drive 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 175,0004 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: $ 1,350,000
5 Avenue B Avenue K End 46 Full Depth Removal and Replacement $ 121,0005 Park Avenue County Line Road Avenue K 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 191,000 Subtotal: $ 312,000
6 W Avenue L 7th Street 7th Place 46 Full Depth Removal and Replacement $ 345,000 Subtotal: $ 345,000
7 Ponderosa Trail Mulberry Lane Smokeridge Trail 52 Full Depth Removal and Replacement $ 261,0007 Lone Star Court Sandalwood Drive End 52 Full Depth Removal and Replacement $ 157,0007 Nugget Court Sandalwood Drive End 52 Full Depth Removal and Replacement $ 96,0007 Belle Road Sandalwood Drive End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 130,0007 Gold Spur Court Canyon View Drive End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 59,0007 Canyon View Drive 3rd Street End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 164,0007 Sandalwood Drive 5th Street 3rd Street 64 Select Grind and Overlay and Slurry Seal $ 146,000 Subtotal: $ 1,013,000
8 Myrtlewood Drive 5th Street Harruby Drive 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 617,000 Subtotal: $ 617,000
9 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
Street From To PCI
City of Calimesa
City wide Pavement Rehabilitiaiton Program
Fiscal Year 2023-24
Area Rehab Strategy Amount
18-Dec-23
Attachment 15A

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 $ 406,0002 Bryant Street County Line Road E Avenue L 64 Selcect Removal and Replacement, Curb, Gutter Driveway Improvements, Slurry Seal $ 600,0002 2nd Street County Line Road W Avenue L 46-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 380,0002 Fisher Court 2nd Street End 52 Full Depth Removal and Replacement $ 160,0002 Alton Court 2nd Street End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 149,000 Subtotal: $ 1,695,000
3 Fremont Street County Line Road E Avenue L 52-58 Grind and Overlay with Select Full Depth Removal and Replacement, Curb, Gutter, Driveway Improvements $ 517,0003 E Avenue L Fremont Street 400 Feet West 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 106,0003 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 $ 258,0003 Holmes Street County Line Road End 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 279,0003 Holmes Way Holmes Street End 46 Grind and Overlay with Select Full Depth Removal and Replacement $ 188,0003 Ronda Court Holmes Street End 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 144,000 Subtotal: $ 1,492,000
4 Halberta Circle Sundar Drive End 46 Grind and Overlay with Select Full Depth Removal and Replacement $ 135,0004 Cling Way Flordason Drive Halberta Circle 52 Full Depth Removal and Replacement $ 87,0004 Flordason Drive Cling Way 3rd Street 46 Full Depth Removal and Replacement $ 182,0004 4th Street County Line Road W Avenue L 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 360,0004 4th Street W Avenue L Myrtlewood Drive 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 194,0004 3rd Street W Avenue L Myrtlewood Drive 58 Grind and Overlay with Select Full Depth Removal and Replacement $ 175,0004 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: $ 1,350,000
5 Avenue B Avenue K End 46 Full Depth Removal and Replacement $ 121,0005 Park Avenue County Line Road Avenue K 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 191,000 Subtotal: $ 312,000
6 W Avenue L 7th Street 7th Place 46 Full Depth Removal and Replacement $ 345,000 Subtotal: $ 345,000
7 Ponderosa Trail Mulberry Lane Smokeridge Trail 52 Full Depth Removal and Replacement $ 261,0007 Lone Star Court Sandalwood Drive End 52 Full Depth Removal and Replacement $ 157,0007 Nugget Court Sandalwood Drive End 52 Full Depth Removal and Replacement $ 96,0007 Belle Road Sandalwood Drive End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 130,0007 Gold Spur Court Canyon View Drive End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 59,0007 Canyon View Drive 3rd Street End 52 Grind and Overlay with Select Full Depth Removal and Replacement $ 164,0007 Sandalwood Drive 5th Street 3rd Street 64 Select Grind and Overlay and Slurry Seal $ 146,000 Subtotal: $ 1,013,000
8 Myrtlewood Drive 5th Street Harruby Drive 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 617,000 Subtotal: $ 617,000
9 5th Street Calimesa Boulevard Myrtlewood Drive 52-58 Grind and Overlay with Select Full Depth Removal and Replacement $ 372,000 Subtotal: $ 372,000
Total: $ 8,861,000
Street From To PCI
City of Calimesa
City wide Pavement Rehabilitiaiton Program
Fiscal Year 2023-24
Area Rehab Strategy Amount
16-Jan-24
Attachment 15B

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CITY OF CALIMESA
Attachment 15C