Agenda — Calimesa City Council, May 20, 2024

Regular Meeting of the Calimesa City Council
Monday, May 20, 2024

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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, DEPUTY CITY CLERK

BENSON, 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
Monday, May 20, 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.

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Regular Meeting of the Calimesa City Council
Monday, May 20, 2024

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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 – 12)
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 May 6, 2024.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of regular meeting of April 2, 2024 b) Parks, Trails & Community Services Comm. action minutes of regular meeting of April 3, 2024. c) Planning Commission action minutes of regular meeting of April 8, 2024.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $471,757.32 (Check Nos. 41908 to 41977). b) May 9, 2024 Payroll of $109,842.70

4. COUNCIL TRAVEL EXPENSES.

RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through April 30, 2024.

5. TREASURER’S REPORT FOR THE MONTH ENDED MARCH 31, 2024.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended March 31, 2024. .

6. FOURTH AMENDMENT TO THE AGREEMENT FOR ENTERPRISE CLOUD GEOGRAPHIC

INFORMATION SYSTEMS SERVICES BETWEEN THE CITY OF CALIMESA AND NOBEL SYSTEMS, INC.

RECOMMENDATION: That the City Council approve the Fourth Amendment to the Agreement between the City of Calimesa and Nobel Systems, Inc. to provide Enterprise Cloud Geographic Information Systems Services and adopt Resolution No. 2024-23 a Resolution of the City Council of the City of Calimesa California, amending the FY 2023/2024 budget to include an appropriation from the general fund for the purchase of an ARCGIS online API to integrate into the Opengov permitting software application.

7. PURCHASE OF EQUIPMENT TRAILER.

RECOMMENDATION: That the City Council approve the purchase of 20-foot equipment trailer for use with the recently purchased skid steer.

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Regular Meeting of the Calimesa City Council
Monday, May 20, 2024

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8. APPROVE RESOLUTION NO. 2024-24 FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 5.CM.04-23, NORTON YOUNGLOVE SENIOR CENTER ADA IMPROVEMENTS, PHASE III, PROJECT NO 2022-08.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-24 to allocate funding from the Community Development Block Grant and the Public Works Budget for Norton Younglove Senior Center Ada Improvements, Phase III, Project No 2022-08.

9. AWARD CONSTRUCTION CONTRACT FOR COMMUNITY DEVELOPMENT ANNEX REMODEL, PROJECT NO 2023-06.

RECOMMENDATION: That the City Council:

1. Award a construction contract to California Custom Builders of Ventura, California. for the amount of $40,612.00 for the Community Development Annex Remodel, Project No 2023-06; and

2. Approve City acquired storage services and moving supplies to complete the construction contract in the amount of $9,000; and

3. Approve a construction contingency for the amount of $4,000, a design budget of $20,000 for expenses to date for staff time for grant application, plans, specifications, estimates, bidding and project management, and a budget for the management of construction including inspection and materials testing in the amount of up to $10,200; for a total project cost of $83,812.00; and

4. Approve the Plans and Specifications; and

5. Approve Resolution No. 2024-25, a Resolution of the City Council of the City of Calimesa amending the FY 2023-24 Budget to include an additional appropriation from the Administrative to the Capital Improvement Project Fund 16-2030-8700 - City Hall & Annex Flooring Replacement Account for the Construction Contract for the Remodel Improvements of the Community Development Annex Remodel.

10. AWARD ROOFING CONTRACT FOR CITY HALL COMPLEX ROOFING PROJECT CITY HALL & FIRE DEPARTMENT APPARATUS BAY, PROJECT NO 2023-05A.

RECOMMENDATION: That the City Council:

1. Award a construction contract to Rite-Way Roof Corporation of Fontana, California. for the amount of $64,500.00 for the City Hall Complex Roofing Project City Hall & Fire Department Apparatus Bay, Project No 2023-05A; and

2. Approve a construction contingency for the amount of $6,400, a budget of $5,000 for expenses to date for staff time for plans, specifications, estimates, bidding and project management, and a budget for the management of construction including permits, demotion recycling and inspection in the amount of up to $10,000; for a total project cost of $85,900.00; and

3. Approve the Plans and Specifications.

11. AWARD ROOFING CONTRACT FOR CITY HALL COMPLEX ROOFING PROJECT FIRE DEPARTMENT TRAINING ROOF SHINGLE INSTALLATION, PROJECT NO 2023-05B.

RECOMMENDATION: That the City Council:

1. Award a construction contract to Rite-Way Roof Corporation of Fontana, California. for the amount of $26,040.00 for the City Hall Complex Roofing Project Fire Department Training Roof Shingle Installation, Project No 2023-05B; and

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Regular Meeting of the Calimesa City Council
Monday, May 20, 2024

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2. Approve a construction contingency for the amount of $2,600, a budget of $5,000 for expenses to date for staff time for plans, specifications, estimates, bidding and project management, and a budget for the management of construction including permits, demotion recycling and inspection in the amount of up to $6,000; for a total project cost of $39,640.00; and

3. Approve the Plans and Specifications.

12. REJECT ALL BIDS FOR CITY HALL COMPLEX ROOFING PROJECT TILE ROOF REPAIR AT NORTON YOUNGLOVE SENIOR CENTER, PROJECT NO 2023-05C.

RECOMMENDATION: That the City Council reject all bids for the City Hall Complex Roofing Project Tile Roof Repair at Norton Younglove Senior Center, Project No 2023-05C.

BUSINESS ITEMS

13. PARKS, TRAILS, AND COMMUNITY SERVICES COMMISSION CITIZEN RECOGNITION PROJECT.

RECOMMENDATION: That the City Council approve and establish the Citizen Recognition Project and select one of its members to serve as a Sub Committee Member.

14. URGENCY ORDINANCE NO. 403-U AND ORDINANCE NO. 403 UNLAWFUL POSESSION OF CATALYTIC CONVERTER.

RECOMMENDATION: That the City Council:

1. Adopt Urgency Ordinance No. 403-U relating to the unlawful possession of a catalytic converter.

2. Introduce Ordinance No. 403, adding Chapter 9.60 to Title 9 of the Calimesa Municipal Code relating to the unlawful possession of a catalytic converter.

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

CITY MANAGER COMMENTS & REPORTS

CLOSED SESSION ITEMS
A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
City Negotiator: Will Kolbow City Manager
Unrepresented Employees: All City Employees excluding City Manager

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, June 3, 2024 at 6:00 p.m.

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City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: May 20, 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 May 6, 2024.

ATTACHMENTS:

Attachment A: City Council action minutes of May 6, 2024 regular meeting.

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City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: May 20, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Library Commission regular meeting of April 2, 2024, Parks, Trails & Community Services Commission regular meeting of April 3, 2024 and Planning Commission regular meeting of April 8, 2024.

ATTACHMENTS:

Attachment A: Library Commission action minutes of regular meeting of April 2, 2024 Attachment B: Parks, Trails & Community Services Commission action minutes of regular meeting of April 3, 2024.

Attachment C: Planning Commission action minutes of regular meeting of April 8, 2024.

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City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: May 20, 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 $471,757.32 (Check Nos.41908-41977) b) May 9, 2024 Payroll of $109,842.70

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

EXPENSES
MEETING DATE: May 20, 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 April 30, 2024.

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through April 30, 2024.

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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
21-Mar Banning Chamber Installation $ 125.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 125.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 475.00

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

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

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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 april 16-19 hotel for Leader Summit-Sacramento $ 604.19 8-Jan LOCC Riverside Division Meeting $ 45.00 Leaders Summit registration $ 650.00 14-Mar LOCC Riverside Division Meeting $45.00 16-Apr Leaders Summitt Gas/meals $259.24
TOTAL TRAVEL/TRAINING $ 1,666.16 TOTAL MEETING/MILEAGE $ 434.24 REMAINING BALANCE $ (216.16) REMAINING BALANCE $ 165.76

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

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

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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

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City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
MARCH 31, 2024
MEETING DATE: May 20, 2024
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended March 31, 2024.

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 transfers of $300,000 on March 5, 2024 from the General Fund checking account to the LAIF Investment account.

FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $23,362 for the Certificate of Deposit, CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended March 31, 2024.

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City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: FOURTH AMENDMENT TO THE AGREEMENT FOR

ENTERPRISE CLOUD GEOGRAPHIC INFORMATION SYSTEMS

SERVICES BETWEEN THE CITY OF CALIMESA AND NOBEL

SYSTEMS, INC
MEETING DATE: May 20, 2024
PREPARED BY: Deputy City Manager/City Clerk Gerdes
RECOMMENDATION: That the City Council approve the Fourth Amendment to the Agreement between the City of Calimesa and Nobel Systems, Inc. to provide Enterprise Cloud Geographic Information Systems Services and adopt Resolution No. 2024-23 a Resolution of the City Council of the City of Calimesa California, amending the FY 2023/2024 budget to include an appropriation from the general fund for the purchase of an ARCGIS online API to integrate into the Opengov permitting software application.

BACKGROUND: At the June 15, 2020 meeting, City Council approved an Agreement between the City of Calimesa and Nobel Systems, Inc. for Professional Consulting Services for Enterprise Cloud Geographic Information Systems Services. The approved agreement was based on a three (3) year agreement. On November 16, 2020, the City and Nobel Systems entered into a first amendment to the agreement by which Nobel Systems would provide the GeoViewer Mobile App on Emergency Vehicle Devices, with an “unlimited” subscription that is necessary to ensure the devices are equipped with the appropriate technology during both emergency and non-emergency situations and provided for changes in Section 4 (License Subscription and Payment) to add additional funds in the amount of $10,200 for the GeoViewer Mobile Annual Subscription Fee.

On March 1, 2021 the City and Nobel Systems entered into a second amendment to the agreement by which Nobel Systems would provide for the implementation of a Work Order System within the Public Works Department that enabled tracking of daily tasks, specific projects, supply and equipment inventory, costs associated with each daily task and specific projects that included, but were not limited to salaries, equipment and supplies and provided for changes in Section 4 (License Subscription and Payment) to add additional funds in the amount of a one-time fee of $10,200 and an Annual Subscription Fee in the amount of $10,000 for the GeoViewer CMMS Work Order Module.

On June 19, 2023 the City and Nobel Systems entered in a third amendment which amended the Agreement to provide for changes in Section 1 (Term) to include the following: This Agreement shall commence on July 1, 2023 and shall remain in effect until June 30, 2028, unless sooner terminated pursuant to the provisions of the Agreement. The term may be extended by one additional year and by mutual agreement between the parties, on the same terms and conditions

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as set forth in the agreement if the City Manager is satisfied with the performance by the Consultant.

The Third amendment also amended the Agreement to provide for changes in Section 4 (License, Subscription and Payment) to add additional funds for an Annual Subscription Fee for “unlimited” GIS updates in the amount of $6,800.

On April 1, 2024 the City entered into an agreement with Open Gov for the implementation of a permitting software platform. It is necessary for the Open Gov application to have the integration with ArcGIS API with an externally accessible URL, which contains the City’s GIS Parcel Layer Data, City Boundary Layer and any additional layers as needed or requested by the City.

The City and Nobel Systems now desire to amend the Agreement to provide for changes in Section 4 (License, Subscription and Payment) to add additional funds for an ARCGIS Online API for integration into the Open Gov permitting software application in the amount of $14,040.

This Fourth amendment to the Agreement will be amended to add the language as follows:

Section 1. Subsection 4A (of Section 4 – License, Subscription and Payment) is hereby amended to read as follows:
4A. The City agrees to pay Consultant as follows:
▪ GeoViewer Online Annual Subscription Fee $10,780
▪ GeoViewer Mobile Annual Subscription Fee $16,500
▪ GeoViewer for Public Access (Annual) $5,280
▪ CMMS Work Order Module Annual Subscription Fee $11,000 ▪ GeoViewer Unlimited GIS Updates Annual Subscription $7,480 ▪ ARCGIS Online API Set up costs $4,800
▪ ARCGIS Online API Maintenance costs $9,240
▪ GPS Data Collection Module No Cost
▪ Training and Unlimited & Technical Support No Cost
Section 2. Subsection 4B (of Section 4 – License, Subscription and Payment) is hereby amended to read as follows:
4B. Consultant will submit a detailed annual invoice as follows: Total fee year one (1) $65,080. Total fee year two (2) $60,280. Total fee year three (3) $60,280.

FISCAL IMPACT: The 2023-2024 budget was adopted by Resolution No. 2023-29 on June 5, 2023 and included an appropriation in the amount of $51,800 for Nobel Enterprises in the Information Technology Department within the General Fund 01-2100-7230. An amendment is necessary to include an appropriation from the General Fund to Information Technology Fund 01-2100-7230 in the amount of $14,040.

ATTACHMENTS:

Attachment A: Resolution No. 2024-23
Attachment B: Fourth Amendment to Agreement with Nobel Systems, Inc.

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RESOLUTION 2024-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA CALIFORNIA, AMENDING THE FY 2023/2024 BUDGET TO INCLUDE

AN APPROPRIATION FROM THE GENERAL FUND FOR THE

PURCHASE OF AN ARCGIS ONLINE API TO INTEGRATE INTO THE

OPENGOV PERMITTING SOFTWARE APPLICATION
WHEREAS, on July 1, 2020, the City and Nobel Systems entered into an agreement by which Nobel Systems would provide Enterprise Cloud Geographic Information Systems Services;
WHEREAS, there is a need for an ArcGIS API externally accessible URL, which contains the City’s GIS Parcel Layer Data, City Boundary layer and any additional layers the City may need for integration to the Open Gov permitting software application recently approved for purchase and implementation by the City Council; WHEREAS, the Parties now desire to amend the Agreement to provide for changes in Section 4 (License, Subscription and Payment) to add additional funds for an ARCGIS Online API for integration into the Open Gov permitting software application in the amount of $14,040

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

Section 1: The Fiscal Year 2023-2024 Budget is hereby amended to incorporate an adjustment as follows:
• Increase expenditures account 01-3000-7230 by $14,040 PASSED, APPROVED and ADOPTED this 20th day of May 2024. ________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
Attachment 6A

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FOURTH AMENDMENT TO THE AGREEMENT FOR ENTERPRISE

CLOUD GEOGRAPHIC INFORMATION SYSTEMS SERVICES
BETWEEN THE CITY OF CALIMESA AND NOBEL SYSTEMS, INC.

THIS FOURTH AMENDMENT is entered into this 20th day of May 2024 and is an amendment to that certain Agreement (herein “Agreement) that was made and entered into on July 1, 2020 by and between the City of Calimesa, a California municipal corporation (herein “City”) and Nobel Systems, Inc. (“Consultants”), a California corporation.

R E C I T A L S
WHEREAS, The City requires the services of Consultant to provide an enterprise GIS system with high-quality data and technical support, as more particularly described in this Agreement; and
WHEREAS, the Consultant is among the largest Geographic Information System (GIS) firm that has GIS and GIS hosting services as its sole focus; and WHEREAS, the Consultants clientele ranges from cities, counties and quasi government agencies to public utilities and private companies across the globe with their primary markets being local and state government, public utilities, engineering and private organizations; and
WHEREAS, on July 1, 2020, the City and Nobel Systems entered into an agreement by which Nobel Systems would provide Enterprise Cloud Geographic Information Systems Services; and
WHEREAS, on November 16, 2020, the City and Nobel Systems entered into a first amendment to the agreement by which Nobel Systems would provide the GeoViewer Mobile App on Emergency Vehicle Devices, with an “unlimited” subscription that is necessary to ensure the devices are equipped with the appropriate technology during both emergency and non-emergency situations and provided for changes in Section 4 (License Subscription and Payment) to add additional funds in the amount of $10,200 for the GeoViewer Mobile Annual Subscription Fee; and
WHEREAS, on March 1, 2021 the City and Nobel Systems entered into a second amendment to the agreement by which Nobel Systems would provide for the implementation of a Work Order System within the Public Works Department that enabled tracking of daily tasks, specific projects, supply and equipment inventory, costs associated with each daily task and specific projects that included, but were not limited to salaries, equipment and supplies and provided for changes in Section 4 (License Subscription and Payment) to add additional funds in the amount of a one-time fee of $10,200 and an Annual Subscription Fee in the amount of $10,000 for the GeoViewer CMMS Work Order Module; and
WHEREAS, on June 19, 2023 the City and Nobel Systems entered into a third amendment to provide for changes in Section 1 (Term) to include the following: This Agreement shall commence on July 1, 2023 and shall remain in effect until June 30, 2028, unless sooner terminated pursuant to the provisions of the Agreement. The term may be extended by one additional year and by mutual agreement between the parties, on the same terms and conditions as set forth in the agreement if the City Manager is satisfied with the performance by the Consultant.. It also amended Section 4(License, Attachment 6B

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Subscription and Payment) to add additional funds for an Annual Subscription Fee for “unlimited” GIS updates in the amount of $6,800; and
WHEREAS, the Parties now desire to amend the Agreement to provide for changes in Section 4 (License, Subscription and Payment) to add additional funds for an ARCGIS Online API for integration into the Open Gov permitting software application in the amount of $14,040.

NOW, THEREFORE, the parties agree as follows:

IN WITNESS WHEREOF, the parties hereto have caused this Fourth Amendment to the Agreement to be executed the day and year first above written.

CITY OF CALIMESA CONSULTANT

NOBEL SYSTEMS
____________________________ ________________________________

WILLIAM DAVIS, MAYOR BALAJI KADABA, VP OPERATIONS
ATTEST:
_____________________________

DARLENE GERDES, CITY CLERK

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City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: PURCHASE OF EQUIPMENT TRAILER
MEETING DATE: May 20, 2024
PREPARED BY: Eric Williamson, Maintenance Supervisor
Margaret Monson, Director of Public Works
RECOMMENDATION: That the City Council approve the purchase of 20-foot equipment trailer for use with the recently purchased skid steer.

BACKGROUND: Recently, the City of Calimesa Public Works Department has purchased a new Kubota skid steer, and we are reviewing options to transport this equipment across town safely.

When needed around the city, we are currently driving it down city streets with a staff member following behind in a vehicle with lights.

When this unit was purchased, we also purchased additional attachments to help us adapt to the growing needs in the city and to assist with upcoming projects or emergencies. Currently, the unit has three attachments and when multiple attachments are needed at a location, it is cumbersome to relocate them to the site.

Procuring this trailer will help staff to transport our skid steer unit safely across town and give the ability to bring additional attachments along on the trailer. This will cut down on employee time spent when the equipment is needed. Driving it from location to location is time consuming, plus it requires two employees. It will also cut down on time spent bringing attachments along. Furthermore, it will prolong the life of the skid steer, as driving to every job site will substantially increase the hours put on the machine requiring more maintenance.

We currently have two vehicles that have a tow rating to handle the weight capacity of the trailer and skid steer with one additional attachment.

FISCAL IMPACT: Staff solicited quotes from 3 different trailer manufacturers and selected the Big Tex Trailer of Beaumont, California at $11,647.41
Bidder Amount
Carson Trailers $13,447.33
Jackssons, Inc. $16,8207.04
Big Tex Trailers $11,647.41
The approved FY 2023-24 Public Works Department budget has a sufficient balance of $11,647.41 available for this purchase.

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ATTACHMENTS:

Attachment A: Carson Trailer Quote
Attachment B: Jackssons, Inc. Quote
Attachment C: Big Tex Trailer Quote

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Attachment 7A

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Attachment 7B

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Attachment 7C

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City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: APPROVE RESOLUTION NO. 2024-24 FOR COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECT NO. 5.CM.04-23,

NORTON YOUNGLOVE SENIOR CENTER ADA
IMPROVEMENTS, PHASE III, PROJECT NO 2022-08.

MEETING DATE: May 20, 2024
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council adopt Resolution No. 2024-24 to allocate funding from the Community Development Block Grant and the Public Works Budget for Norton Younglove Senior Center Ada Improvements, Phase III, Project No 2022-08.

BACKGROUND: The City Council approved the contract award to Bellakai Construction on April 1, 2024 and approved a budget of $71,707. Staff neglected to include the Resolution to allocate the funding to this project with the previous council action. Staff recommend approving the resolution to allocate funding to this project.

FISCAL IMPACT: Council approved costs to complete the construction of Norton Younglove Senior Center Ada Improvements, Phase III, Project No 2022-08 as outlined in the table below:

BUDGET AMOUNT
Available Funding
1 CDBG Funding (Original) $32,722
2 Public Works Budget $20,000
3 Program Income balance (CDBG) $65,000
Total $117,722
Design, Construction, Management
1 Design/Bidding/Project Management $ 20,000
2 Construction $37,507
3 Contingency $4,000
4 Construction management, estimated
(materials testing and survey included)
$10,200
5 GRAND TOTAL $71,707
Based on the table above, the City has adequate funding to pay for this project, however, the funding shall be allocated by Resolution No. 2024-24. It should be noted that the Design/Bidding/Project Management and construction management portions of the project, totaling $30,200, will be

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provided by Charles Abbott and Associates staff, whom the City contracts with for Public Works staff augmentation.

ATTACHMENTS:

Attachment A: Resolution No. 2024-24

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RESOLUTION 2024-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA CALIFORNIA, AMENDING THE FY 2023-24 BUDGET TO INCLUDE AN

APPROPRIATION FROM THE COMMUNITY DEVELOPMENT BLOCK

GRANT (CDBG) FUND AND THE PUBLIC WORKS FUND FOR THE

CONSTRUCTION OF THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROJECT NO. 5.CM.04-23, NORTON YOUNGLOVE SENIOR
CENTER ADA IMPROVEMENTS, PHASE III, PROJECT NO 2022-08
WHEREAS, City Council directed staff to design and release the construction of the Community Development Block Grant Project No. 5.CM.04-23, Norton Younglove Senior Center ADA Improvements, Phase III, Project No 2022-08 for formal bidding; and WHEREAS, the City received and opened 3 bids where the lowest responsible bidder is Bellakai Construction in the amount of $37,507; and WHEREAS, City Staff has determined that a total construction budget of $71,707 will be needed to complete the project; and
WHEREAS, the construction budget includes the construction contract amount, construction contingency, project and construction management costs, and demolition recycling; and
WHEREAS, the Project is to be paid for from the Capital Improvement Fund for Community Development Block Grant Project No. 5.CM.04-23, Norton Younglove Senior Center ADA Improvements, Phase III, Project No 2022-08; and WHEREAS, the City Council now deems it appropriate to allocate $71,707 in CDBG and Public Works Funds for the Project.

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

The Fiscal Year 2023-24 Budget is hereby amended to adjust budgeted project costs in the Capital Improvement Project Fund – Community Development Block Grant Project No. 5.CM.04-23, Norton Younglove Senior Center ADA Improvements, Phase III, Project No 2022-08 by $71,707 for total project costs of $71,707 and budget a transfer from the Public Works Fund to the Capital Improvement Fund of $20,000 to fund the Grant application, design, bidding and project management of the Community Development Block Grant Project No. 5.CM.04-23, Norton Younglove Senior Center ADA Improvements, Phase III, Project No 2022-08.

PASSED, APPROVED, and ADOPTED this 20th day of May 2024. ___________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
Attachment 8A

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City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR COMMUNITY
DEVELOPMENT ANNEX REMODEL, PROJECT NO 2023-06.

MEETING DATE: May 20, 2024
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council:

1. Award a construction contract to California Custom Builders of Ventura, California. for the amount of $40,612.00 for the Community Development Annex Remodel, Project No 2023-06; and

2. Approve City acquired storage services and moving supplies to complete the construction contract in the amount of $9,000; and

4. Approve the Plans and Specifications; and

BACKGROUND: Staff developed preliminary plans for the remodeling of the Community Development (CD) Annex building in cooperation with the provider of the office cubicles and multiple city department’s input. On April 1, 2024, City Council approved Resolution 2024-12 amending the FY 2023-24 Budget to include an additional appropriation to the Capital Improvement Project Fund 16-2030-8700 - City Hall & Annex Flooring Replacement Account for the purchase of a cubical desk and counter system for the remodel improvements of the CD Annex and the contract for the purchase of office cubicles for the CD Annex.

DISCUSSION: Staff advertised for public bidding on the construction project in plan rooms, newspaper as well as multiple personal contacts with contractors. A mandatory bid walk was held on April 18 and was attended by 4 plan holders. The bid opening was held on May 2, 2024. One bid was received by California Custom Builders. Due to the complexity of the project and the tight

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timeline, bidders declined to participate in the bid. Following staff inquiries of contractors, additional advertising and rebidding would render the same results.

Storage containers will be required to move and store office furniture and supplies during the time of construction and will be rented by the City. The City will also supply trash dumpsters for recycling demolition debris. The City will also supply data cable installation during the office cubicle installation. City Planning, Building and Safety, Code Enforcement and Fire Marshal services will be relocated to other parts of the City Hall complex during the length of construction. These departments will maintain City services from different locations at the City Hall. Moving supplies to pack these departments as well as City Hall office materials will be required in advance of the construction. Carpet replacement is included for the CD annex as well as the City Hall building.

Staff recommends awarding the construction contract to California Custom Builders for the bid amount of $40,612. Their bid has been deemed responsive, licenses and references are all favorable.

FISCAL IMPACT: The only bid is $40,612. Additional costs are necessary to complete the construction as outlined in the table below:

BUDGET AMOUNT
Available Funding
1 Capital Improvement Project Fund 16- 2030-8700 - City Hall & Annex Flooring Replacement Budget
$74,000
2 Additional Funding request from Fund 33 –
Administrative Facilities Fees
$45,000
TOTAL $119,000
Design, Construction, Management
1 Design/Bidding/Project Management $ 20,000
2 Construction $40,612
3 Moving services and Supplies; Data Cable Installation $9,000 4 Construction Contingency $4,000
5 Construction management, estimated $10,200
GRAND TOTAL $83,812.00
Based on the table above, the FY 2023-24 General Fund Budget requires an amendment to include an appropriation of $45,000 from Fund 33 – Administrative Facilities Fees to the Capital Improvement Project Fund 16-2030-8700 - City Hall & Annex Flooring Replacement to complete the remodel. It should be noted that the Design/Bidding/Project Management and construction management portions of the project, totaling $30,200, will be provided by Charles Abbott and Associates staff, whom the City contracts with for Public Works staff augmentation.

ATTACHMENTS:

Attachment A: California Custom Builders bid.

Attachment B: Contract Agreement
Attachment C: Resolution number 2024-25

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Attachment 9A

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1 AGREEMENT
THIS AGREEMENT is made and entered into this _______ day of ___________ 2024, by and between the City of Calimesa, a municipal corporation, hereinafter referred to as “City”, and , located at
Contractor / Company Name Street Address
hereinafter referred to as
“Contractor".

City State Zip Code Phone
PROJECT: COMMUNITY DEVELOPMENT ANNEX REMODEL PROJECT 2023-06 .

WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, indemnity insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the “Contract Documents”). The Contract Documents are made a part hereof as though fully set forth herein.

In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of _____________________________________________________and No/Cents, ($____________) in the manner provided in the Contract Documents and subject to adjustment provided therein.

Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.

This Contract shall not be assigned without the written permission of the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date Bill Davis, Mayor Date
FUNDS AVAILABLE: CONTRACTOR:

Celeste Reid, Finance Director Date Date
Margaret Monson, Public
Works Director
Date Date
APPROVED AS TO FORM:

Amy Greyson, City Attorney Date
Attachment 9B

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2 CONTRACTOR’S PAYMENT BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called “Principal”) and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a Municipal Corporation of the State of California (herein called “Obligee”), in just and full sum of ($______________________), lawful money of the United States of America, (said sum being equal to 100% of the estimated amount payable by the terms hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, Principal has been awarded a Contract for the following described work of improvement and is required by Obligee to give this bond in connection with the execution of the written Contract therefore, NOW, THEREFORE, if Principal or his subcontractors shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety will pay for the same, in an amount not exceeding the sum specified above, and also in case suit is brought upon this bond, a reasonable attorney’s fee to be fixed by the court. This bond shall insure to the benefit of any and all persons entitled to file claims under the Civil Code so as to give a right of action to them or their assigns in any suit brought upon the bond. No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or the Contract documents or the work to be performed hereunder, whether made after notice of not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond. In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.

Signed and Sealed this ____________________ day of ___________________, 2024,

PRINCIPAL
APPROVED AS TO FORM:

SURETY
NOTE TO SURETY COMPANY:

The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of
authority for the attorney-in-fact.

By:

Date:
(SURETY CO. ATTORNEY-IN-FACT)

ATTACH APPROPRIATE JURAT (S)

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3 PERFORMANCE BOND
Public Contract
KNOW ALL BY THESE PRESENTS: That
As Principal (herein called “Principal”) and
As Surety (herein called “Surety”)
are held and firmly bound unto the City of Calimesa, a municipal corporation of the State of California (herein called “Obligee”), in just and full sum of ($_____________________), lawful money of the United States of America, (said sum being equal to 100% of the estimated amount payable by the terms of the hereinafter described Contract) for the payment of which, well and truly to be made, we hereby bind ourselves and our, and each of our, heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or the Contract Documents or the work to be performed there under, whether made after notice or not, shall release or otherwise affect the obligation of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond.

In the event suit is brought upon this bond by the Obligee and judgment is recovered by the Obligee, court costs, including reasonable attorney’s fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.

Signed and Sealed this ____________________ day of ___________________, 2024.

PRINCIPAL
APPROVED AS TO FORM:

SURETY
NOTE TO SURETY COMPANY:

By:

Date:
(SURETY CO. ATTORNEY-IN-FACT)

ATTACH APPROPRIATE JURAT (S)

CERTIFICATE OF INSURANCE

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4 This is to certify that the following endorsement is part of the policy(ies) described below:

Named Insured
(Contractor)
Companies Affording
Coverage:

Address: A
.

B
.

C
.

Policy
Number
Company
A,B,C
Coverage Expiration
Date
B.I. Limits
P.D.

Aggregate
Automobile Liability
General Liability
Product / Completed Operation
Blanket Contractual
Contractor’s Protective
Personal Injury
Other
Excess Liability
Worker’s Compensation
It is hereby understood, and agreed, that the City of Calimesa, its City Council and each member thereof and every officer and employee of the City shall be named as a joint and several assureds with respect to claims arising out of the following project:

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

The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole

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5 negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company’s liability and that insurer waives any right on contribution with insurance which may be available to City of Calimesa. In the event of cancellation or material change in the above coverage, the company will give forty-five (45) days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above-endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies.

Date: By:

Agency: Title:

Address:

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6 CERTIFICATE OF INSURANCE
Worker’s Compensation
WHEREAS, the City of Calimesa has required certain insurance to be provided by:

NOW, THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time.

1. This certificate is issued to: City of Calimesa, City Hall, 908 Park Avenue, Calimesa, CA 92320.

2. The insureds under such policy or policies are:

3. Worker’s Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows:

Policy Number Effective Date Expiration Date

4. Said policy or policies shall not be canceled, nor shall there be any reduction in coverage or limits or liability, unless and until thirty (30) days written notice thereof has been served upon the City Clerk of the City of Calimesa.

APPROVED AS TO FORM:

City Attorney
Date:

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RESOLUTION 2024-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

CALIFORNIA, AWARDING A CONSTRUCTION CONTRACT TO

CALIFORNIA CUSTOM BUILDERS FOR THE COMMUNITY
DEVELOPMENT ANNEX REMODEL, PROJECT NO 2023-06 (THE
PROJECT); APPROVING THE PLANS AND SPECIFICATIONS FOR THE PROJECT; AND AMENDING THE FY 2023-24 BUDGET TO INCREASE

THE APPROPRIATION FROM THE GENERAL FUND FOR THE

COMMUNITY DEVELOPMENT ANNEX REMODEL INCLUDING DESIGN,

CONSTRUCTION, CONTINGENCY AND CONSTRUCTION

MANAGEMENT
WHEREAS, the City is required to provide services and City staff require office space in order to perform City services; and
WHEREAS, with the additional population growth, the City will require more services and more staff to provide services, and City Council determined the expansion of City Hall would be a priority project; and
WHEREAS, due to a variety of factors, the budget exceeded what was originally estimated including the requirement of new office cubicles, timing and moving costs; and WHEREAS, the City Council now deems it appropriate to amend the FY 2023-24 budget to increase the appropriation for the remodel of the Community Development Annex (including design, construction, contingency, and construction management) from $74,000 to $119,000; and
WHEREAS, the City budget includes the Capital Improvement Program; and WHEREAS, the current unobligated balance in Fund 33 – Administrative Facilities Fees is sufficient to cover this project; and
WHEREAS, the City Council now deems it appropriate to allocate an additional $45,000 from Fund 33 – Administrative Facilities Fees for the remodel of the Community Development Annex.

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

Section 1. The City Council hereby awards a construction contract in the amount of $40,612 to California Custom Builders for the remodel of the Community Development Annex (the “Project”). The City Council waives any irregularity in the bid.

Section 2. The City Council hereby approves the plans and specifications for the Project.

Section 3. The City Council hereby authorizes the City Manager to approve a construction contingency in the amount of $4,000 for additional work, if necessary.

Attachment 9C

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Section 4. The City Council hereby approves an amendment to the Fiscal Year 2023-24 Budget to appropriate $45,000, in additional funding from Fund 33 – Administrative Facilities Fees for the Project, which includes a design budget of $20,000 for plans specifications and bidding, and a budget for the management of construction including permits, inspection and materials testing of $10,200.

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

PASSED, APPROVED, and ADOPTED this 20th day of May, 2024. _____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

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City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: AWARD ROOFING CONTRACT FOR CITY HALL COMPLEX

ROOFING PROJECT CITY HALL & FIRE DEPARTMENT
APPARATUS BAY, PROJECT NO 2023-05A
MEETING DATE: MAY 20, 2024
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council:

3. Approve the Plans and Specifications.

BACKGROUND: Staff developed plans, specifications and estimates for the City Hall Complex Roofing Project City Hall & Fire Department Apparatus Bay, Project No 2023-05A.

DISCUSSION: Staff advertised for public bidding on the construction project in plan rooms, electronically, in newspaper as well as multiple personal contacts with contractors. The bid opening was held on April 18, 2024. Two bids were received. Following bid verifications, using unit prices as the governing numbers, as specified in the Project Specifications, there was an arithmetical error in the apparent low bid from Bell Roof Company, causing the bid to be substantially lower ($25k). This provided a basis for them to be relieved of their bid pursuant to PCC s5101, et seq. As such, the error cannot be waived, and the bid was rejected as non-responsive.

Rite-Way Roof Corporation of Fontana, California was the next verified low bidder at $64,500. Staff recommends awarding the construction contract to Rite-Way Roof Corporation for the bid amount of $64,500. Their bid has been deemed responsive, licenses and references are all favorable.

FISCAL IMPACT: The expenses are as outlined below:

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BUDGET AMOUNT
Available Funding
1 Capital Improvement Project City Hall & Fire Dept reroof$135,000 Design, Construction, Management
1 Design/Bidding/Project Management $ 5,000
2 Construction $64,500
3 Contingency $6,400
4 Construction management, estimated $10,000
GRAND TOTAL $85,900.00
Based on the table above, the FY 2023-24 General Fund Budget has adequate funding allocated in the Capital Improvement Project Fund - City Hall Roof Replacement to complete the project. It should be noted that the Design/Bidding/Project Management and construction management portions of the project, totaling $15,000, will be provided by Charles Abbott and Associates staff, whom the City contracts with for Public Works staff augmentation.

ATTACHMENTS:

Attachment A: Rite-Way Roof Corporation bid.

Attachment B: Contract Agreement

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Attachment 10A

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City State Zip Code Phone
PROJECT: CITY COMPLEX ROOFING PROJECT
BID NO. 2023-05 A
City Hall Building & Fire Department Apparatus Bay
WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, indemnity, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the “Contract Documents”). The Contract Documents are made a part hereof as though fully set forth herein.

This Contract shall not be assigned without the written permission of the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date William Davis, Mayor Date FUNDS AVAILABLE: CONTRACTOR:

Celeste Reid, Finance
Director
Date Date
Margaret Monson, Public
Works Director
Date Date
APPROVED AS TO FORM:

Quinn Barrow, City Attorney Date
Attachment 10B

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No extension of time granted to the Principal and no change or alteration in any of the terms of the Contract or the Contract documents or the work to be performed hereunder, whether made after notice of not, shall release or otherwise affect the obligations of the Surety hereunder, and the Surety waives notice of any such extension, change, or alteration. The Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense, which it might have by reason of any failure of the Principal to execute or properly execute this bond.

Signed and Sealed this ____________________ day of ___________________, 2024,

PRINCIPAL
APPROVED AS TO FORM:

SURETY
NOTE TO SURETY COMPANY:

The following form of acknowledgment should be
used. If any other form of acknowledgment is used,
there must be submitted a certified copy of unrevoked
resolution of authority for the attorney-in-fact.

By:

Date:
(SURETY CO. ATTORNEY-IN-FACT)

ATTACH APPROPRIATE JURAT (S)

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Signed and Sealed this ____________________ day of ___________________, 2024.

PRINCIPAL
APPROVED AS TO FORM:

SURETY
NOTE TO SURETY COMPANY:

The following form of acknowledgment should be
used. If any other form of acknowledgment is used,
there must be submitted a certified copy of unrevoked
resolution of authority for the attorney-in-fact.

By:

Date:
(SURETY CO. ATTORNEY-IN-FACT)

ATTACH APPROPRIATE JURAT (S)

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4 CERTIFICATE OF INSURANCE
Worker’s Compensation
WHEREAS, the City of Calimesa has required certain insurance to be provided by:

1. This certificate is issued to: City of Calimesa, City Hall, 908 Park Avenue, Calimesa, CA 92320.

2. The insureds under such policy or policies are:

3. Worker’s Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows:

Policy Number Effective Date Expiration Date

APPROVED AS TO FORM:

City Attorney
Date:

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City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: AWARD ROOFING CONTRACT FOR CITY HALL COMPLEX

ROOFING PROJECT FIRE DEPARTMENT TRAINING ROOF
SHINGLE INSTALLATION, PROJECT NO 2023-05B
MEETING DATE: MAY 20, 2024
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council:

3. Approve the Plans and Specifications.

BACKGROUND/DISCUSSION: Staff developed plans, specifications and estimates for the City Hall Complex Roofing Project Fire Department Training Roof Shingle Installation, Project No 2023- 05B. Staff advertised for public bidding on the construction project in plan rooms, electronically, in newspaper as well as multiple personal contacts with contractors. The bid opening was held on April 18, 2024. Two bids were received. Rite-Way Roof Corporation of Fontana, California was the verified low bidder at $26,040. Staff recommends awarding the construction contract to Rite-Way Roof Corporation for the bid amount of $64,500. Their bid has been deemed responsive, licenses and references are all favorable.

FISCAL IMPACT: The expenses are as outlined below:

BUDGET AMOUNT
Available Funding
1 Capital Improvement Project - Fire Department Training Roof Shingle Installation
$135,000
Design, Construction, Management
1 Design/Bidding/Project Management $ 5,000
2 Construction $26,040
3 Contingency $2,600
4 Construction management, estimated, permits, recycling $6,000 GRAND TOTAL $39,640.00

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Based on the table above, the FY 2023-24 General Fund Budget has adequate funding allocated in the Capital Improvement Project Fund - City Hall Roof Replacement to complete the project. The previous roofing bid of $85,900 add to this request will be a total of $125,540, leaving a balance of $9,460 for future roofing projects. It should be noted that the Design/Bidding/Project Management and construction management portions of the project, totaling $11,000, will be provided by Charles Abbott and Associates staff, whom the City contracts with for Public Works staff augmentation.

ATTACHMENTS:

Attachment A: Rite-Way Roof Corporation bid.

Attachment B: Contract Agreement

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Attachment 11A

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City State Zip Code Phone
PROJECT: CITY ROOFING PROJECT NO. 2023-05B, FIRE DEPARTMENT TRAINING ROOM ROOF, SHINGLE INSTALLATION.

WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:

The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, indemnity, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the “Contract Documents”). The Contract Documents are made a part hereof as though fully set forth herein.

This Contract shall not be assigned without the written permission of the City Council.

IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.

ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date William Davis, Mayor Date FUNDS AVAILABLE: CONTRACTOR:

Celeste Reid, Finance
Director
Date Date
Margaret Monson, Public
Works Director
Date Date
APPROVED AS TO FORM:

Quinn Barrow, City Attorney Date
Attachment 11B

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Signed and Sealed this ____________________ day of ___________________, 2024,

PRINCIPAL
APPROVED AS TO FORM:

SURETY
NOTE TO SURETY COMPANY:

The following form of acknowledgment should be
used. If any other form of acknowledgment is used,
there must be submitted a certified copy of unrevoked
resolution of authority for the attorney-in-fact.

By:

Date:
(SURETY CO. ATTORNEY-IN-FACT)

ATTACH APPROPRIATE JURAT (S)

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Signed and Sealed this ____________________ day of ___________________, 2024.

PRINCIPAL
APPROVED AS TO FORM:

SURETY
NOTE TO SURETY COMPANY:

The following form of acknowledgment should be
used. If any other form of acknowledgment is used,
there must be submitted a certified copy of unrevoked
resolution of authority for the attorney-in-fact.

By:

Date:
(SURETY CO. ATTORNEY-IN-FACT)

ATTACH APPROPRIATE JURAT (S)

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4 CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

Named Insured
(Contractor)
Companies Affording
Coverage:

Address: A
.

B
.

C
.

Policy
Number
Compan
y
A,B,C
Coverage Expiratio
n Date
B.I. Limits
P.D.

Aggregate
Automobile Liability
General Liability
Product / Completed
Operation
Blanket Contractual
Contractor’s Protective
Personal Injury
Other
Excess Liability
Worker’s
Compensation
It is hereby understood, and agreed, that the City of Calimesa, its City Council and each member thereof and every officer and employee of the City shall be named as a joint and several assureds with respect to claims arising out of the following project:

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5 harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all terms, exclusions and conditions of such policies.

Date: By:

Agency: Title:

Address:

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6 CERTIFICATE OF INSURANCE
Worker’s Compensation
WHEREAS, the City of Calimesa has required certain insurance to be provided by:

1. This certificate is issued to: City of Calimesa, City Hall, 908 Park Avenue, Calimesa, CA 92320.

2. The insureds under such policy or policies are:

3. Worker’s Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insureds, as follows:

Policy Number Effective Date Expiration Date

APPROVED AS TO FORM:

City Attorney
Date:

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City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: REJECT ALL BIDS FOR CITY HALL COMPLEX ROOFING

PROJECT TILE ROOF REPAIR AT NORTON YOUNGLOVE
SENIOR CENTER, PROJECT NO 2023-05C
MEETING DATE: MAY 20, 2024
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Public Works Director
RECOMMENDATION: That the City Council reject all bids for the City Hall Complex Roofing Project Tile Roof Repair at Norton Younglove Senior Center, Project No 2023-05C.

Colton, CA 92324
$111,750
2 California Constructors
San Diego, CA
$135,560
3 Rite-Way Roof Corporation
Fontana, CA 92335
$132,250
Bell Roof Company and Rite-Way Roof Corporation were the apparent low and second low bidder.

Each of the bidders made arithmetic errors causing their bids to be substantially lower. This provided a basis for them to be relieved of their bids pursuant to PCC s5101, et seq. As such, the errors cannot be waived, and the bids were rejected as non-responsive. Staff recommend rejecting all bids and coming back to council at a later date with a new project.

FISCAL IMPACT: None.

ATTACHMENTS: None.

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City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: PARKS, TRAILS, AND COMMUNITY SERVICES COMMISSION

CITIZEN RECOGNITION PROJECT
MEETING DATE: May 20, 2024
PREPARED BY: Yaiza Benson, Deputy City Clerk
RECOMMENDATION: That the City Council approve and establish the Citizen Recognition Project and select one of its members to serve as a Sub Committee Member.

BACKGROUND: Interest in recognizing and celebrating our citizens has always been a priority project for the Parks, Trails, and Community Services Commission. Similar versions of recognition awards have been discussed since 2008. Unfortunately, these projects were never continued for any substantial amount time due to the high turnover of Commissioners or lack of a quorum for meeting discussions.

The current Commission members recognized the importance of celebrating citizens and groups who have made significant impacts on the community. The Commission began discussing revitalizing this project with enthusiasm in early 2023.

DISCUSSION: Over the last year and a half, the Commission prepared framework and guidelines for the Citizen Recognition Award project. This project offers multiple ways to recognize individuals, organizations, and businesses for their contributions to the community. These awards will honor community members of all ages and businesses whose actions exemplify the goals of the city.

Nominations would open to the public for a nomination period from August to October, yearly. The nominations may be submitted by anyone via a website application, as long as the nominee meets the eligibility criteria in any of the three categories set forth in the guidelines, as presented in Attachment A.

An award subcommittee would be formed to consist of two Parks, Trails, and Community Services Commissioners and one Council Member to review applications and make the final selections. The awardee(s) would receive a certificated plaque to be presented by the City Council at a regular established yearly selection time. A news feature story will be shared with the local newspaper and a section of the city’s website will be dedicated to those awardees.

Future plans with a display or monument for awardees have been discussed, and some options presented were an honor wall or commemorative brick path to be placed at a future planned park to proudly memorialize those contributions made to our community. However, for this option to

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become more of a reality, a budget for this would have to be identified and at this time we are not seeking to move down this path yet.

FISCAL IMPACT: Minimal; the purchase of walnut certificate award plaques can be made in bulk for less than $300.00 per year, as well as some staff time to administer the program.

ATTACHMENTS:

Attachment A: Citizen Recognition Program and Application.

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City of Calimesa
Community Recognition Program
1 | P a g e
The City of Calimesa offers multiple awards to recognize individuals, organizations, and businesses for their contributions to the community. These awards were established to raise awareness and honor community members and businesses whose actions exemplify the goals of the City and recognize youth who have demonstrated resiliency or who are the “unsung heroes.” The award categories are:

1. Golden Heart Award – The Golden Heart Award holds a special place in the Calimesa community as it celebrates the remarkable achievements and resilience of exceptional youth. This prestigious honor is bestowed upon individuals who have demonstrated extraordinary dedication, selflessness, and strength in the face of challenges, or who have made significant contributions through their service to the community, peers, or school. Recipients of the Golden Heart Award are shining examples of young leaders who inspire others through their actions and positive influence. They embody the values of compassion, empathy, and perseverance, serving as beacons of hope and role models for their peers and the broader community. The award recognizes those who have selflessly devoted their time, energy, and talents to make a meaningful impact on the community. Whether through organizing and leading community service initiatives, lending a helping hand to those in need, or being a catalyst for positive change within their school or peer groups, these exceptional individuals exemplify the spirit of service and volunteerism.

Additionally, the Golden Heart Award honors those who have overcome significant challenges in their personal lives. These individuals demonstrate exceptional resilience, courage, and determination in facing and triumphing over adversity. By persevering through difficult circumstances, they inspire others with their strength and resilience, becoming a source of inspiration and hope for those facing similar challenges. The Golden Heart Award serves as a testament to the remarkable potential and capacity for growth and impact that young individuals possess. It celebrates their dedication to making a difference and acknowledges the transformative power of their actions, both within their immediate circles and the broader community. The Calimesa community takes great pride in recognizing these exceptional individuals with the Golden Heart Award. It represents a collective expression of gratitude, admiration, and support for their remarkable achievements, inspiring others to embrace their own potential, and reminding everyone that age is not a barrier to making a positive and lasting difference in the world.

2. Community Enrichment Award
The Community Enrichment Award is a prestigious accolade that recognizes individuals, businesses, or 501(c)3 organizations who have demonstrated an unwavering commitment to promoting civil rights, civic engagement, and fostering positive human relations within the vibrant and diverse community of the City of Calimesa. By striving to enhance the overall quality of life for both residents and visitors alike, these exceptional honorees have made remarkable contributions in various areas of paramount importance.

Attachment 13A

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City of Calimesa
Community Recognition Program
2 | P a g e
Recipients of the Community Enrichment Award are heralded as catalysts of positive change Their tireless efforts have made a tangible impact on the lives of individuals, fostering an environment where everyone can thrive and feel a sense of belonging.

Whether through championing health promotion, providing vital human services, addressing housing challenges, transforming education, generating employment opportunities, fostering cultural awareness, or advocating for peaceful means of conflict resolution, the Community Enrichment Award acknowledges the multifaceted nature of community development. By excelling in one or more of these vital spheres, honorees have not only improved the well-being of Calimesa's residents but have also created a welcoming and harmonious environment for visitors.

The Community Enrichment Award celebrates the exemplary individuals, businesses, and organizations that have shown exceptional leadership, dedication, and innovation in their endeavors. By shining a spotlight on their remarkable contributions, this award inspires others to follow in their footsteps and actively engage in the betterment of the community. It serves as a beacon of inspiration, urging individuals and entities to recognize the power of collaboration and civic responsibility.

The City of Calimesa expresses its profound gratitude to the recipients of the Community Enrichment Award, acknowledging them as the driving force behind the city's progress and prosperity. Their passion, advocacy, and relentless pursuit of a more inclusive and equitable society serve as an inspiration to all, fostering unity and building bridges within the community.

The Community Enrichment Award not only honors their achievements but also amplifies their positive impact, creating a ripple effect that will continue to shape the City of Calimesa for generations to come.

The Community Enrichment Award may be awarded posthumously.

3. Legacy of Service Award
The Legacy of Service Award celebrates individuals who have demonstrated exceptional dedication and commitment to serving their community in a specific area, be it the arts, education, health, or through major projects that bring tangible benefits to the City of Calimesa. It honors those who have gone above and beyond, exemplifying the qualities of leadership, selflessness, reliability, and active involvement in various community and recreation activities.

Recipients of the Legacy of Service Award are recognized as leaders in civic activities, taking the initiative to address pressing needs and create positive change. Their selfless service to the community sets them apart, as they consistently prioritize the well-being and advancement of others. Whether they have made substantial contributions to the arts, transformed education through innovative approaches, improved healthcare access and outcomes, or spearheaded

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City of Calimesa
Community Recognition Program
3 | P a g e
impactful community projects, their efforts have left a lasting impact on the lives of individuals and the community as a whole.

The Legacy of Service Award serves as a testament to the power of community engagement and the profound difference that dedicated individuals can make. It inspires others to follow in the footsteps of these exceptional individuals, fostering a culture of service and civic responsibility.

Through this award, the City of Calimesa expresses its gratitude and admiration for the outstanding service rendered by these remarkable individuals, recognizing them as shining examples of selflessness and community-driven leadership.

The Legacy of Service Award may be awarded posthumously.

Eligibility
• To be eligible for consideration, all nominations shall be made on the official nomination form and include documentation of volunteer/philanthropic service, variety of contribution, and impact of service given.
• Nominations may be submitted by anyone, including Commissioners or City Council members. • Each nomination should be for only one category; however, a nominee may be nominated for more than one category.
• The Parks, Trails and Community Service Commission will select a subcommittee of two members and one Council Member.
• Nominees do not have to be residents of Calimesa but must have made a significant contribution to the Community of Calimesa.

Selection Process
• The current City Council or Commissioners are not eligible to be nominated for an award. Former officials are eligible to be nominated.
• Any Commissioner who has a real or apparent conflict of interest with a nomination (i.e. a family member, partner or spouse nominated, or an organization nominated for which Commissioner employed or holds a leadership position) for an award must recuse themselves from participation in deliberations for that award.
• During the evaluation period, if the nomination did not include a waiver/publicity agreement signed by the nominated individual (or legal parent or guardian), the Commission will request that nominee(s) considered for award sign a waiver/publicity agreement for further consideration. • If the Parks, Trails and Community Service Commission determines no nominations received in a particular category are appropriate, no award will be presented in that category. • All nominees will receive a letter of recognition for being nominated.

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City of Calimesa
Community Recognition Program
4 | P a g e
Award Schedule:
• August 1st – Application period opens.
• October 1st– Application period ends.
• October & November – Applications review and Awardee(s) selection period by subcommittee. • December – Awardee(s) will be recognized at City Council Meeting. • TBD – Award celebration

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Page | 1
City of Calimesa
2024 Community Recognition Awards
Nomination Form – Nomination Period open August 1 to October 1, 2024.

The City of Calimesa Parks, Trails and Community Services Commission annually seeks nominations for the Golden Heart, Community Enrichment, and Legacy of Service Awards. These awards are presented once each year to raise awareness and honor community members and businesses whose actions exemplify the goals of the city and recognize youth who have demonstrated resiliency or who are the “unsung heroes.” Additional information about each award can be found here:
www.cityofcalimesa.net/awards See guidelines for the nomination and selection process.

Please return the completed nomination form by October 1, 2024. No late nominations will be accepted.

Nominations forms can be submitted online, emailed to [email protected] or mailed to the address below:

City of Calimesa
c/o Yaiza Benson
908 Pak Ave.

Calimesa, CA 92320

1. Award Category (Check Only One)
☐ Golden Heart (Nominee must be under 18 years of age). ☐ Community Enrichment Award
☐ Legacy of Service Award (Nominee may be recognized post humous)

2. NOMINEE INFORMATION
☐ Under 18 years of age (see guidelines for confidentiality.) ☐ 18 years of age and over
☐ Post Humous
☐ Community Organization
Organization Name (If Applicable): Click or tap here to enter text.

Name(s): Click or tap here to enter text.

Email: Click or tap here to enter text.

Phone: Click or tap here to enter text.

Mailing Address:Click or tap here to enter text.

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Page | 2

3. NOMINATOR INFORMATION
Name: Click or tap here to enter text.

Email: Click or tap here to enter text.

Phone: Click or tap here to enter text.

Mailing Address: Click or tap here to enter text.

Please provide a brief (up to one page) description of why you are nominating this individual or organization for this award and attach and applicable documentation to support it.

Nomination Statement:

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City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: URGENCY ORDINANCE NO. 403-U AND ORDINANCE NO. 403

UNLAWFUL POSESSION OF CATALYTIC CONVERTER
MEETING DATE: May 20, 2024
PREPARED BY: Will Kolbow, City Manager
Quinn Barrow, City Attorney
RECOMMENDATION: That the City Council:

1. Adopt Urgency Ordinance No. 403-U relating to the unlawful possession of a catalytic converter.

2. Introduce Ordinance No. 403, adding Chapter 9.60 to Title 9 of the Calimesa Municipal Code relating to the unlawful possession of a catalytic converter.

BACKGROUND: Catalytic converter theft has been one of the fastest growing crimes in the Country, with State Farm Insurance reporting a 400% increase nationwide since 2019. Catalytic converter thefts are on the rise because of the increasing value of the precious metals contained within and the ease with which criminals can remove the devices from the vehicles of unsuspecting residents. Catalytic converters can be sold for as much as $1,200 each. Currently, the City’s law enforcement cannot seize a catalytic converter found to be removed from a vehicle and in someone’s possession unless a victim can be identified. Unfortunately, locating the victim without identifying information on the catalytic converter is often impossible. Victims of catalytic converter thefts can pay thousands of dollars to replace them, and repairs can take months to occur, due to various supply chain issues.

DISCUSSION: While there have been legislative attempts in Sacramento to crack down on catalytic converter thefts, local agencies in California have begun to pass their own ordinances to assist law enforcement in holding these thieves accountable for their crimes. Some of those agencies include the County of Riverside and the cities of Corona, Eastvale, Palm Springs, and Cathedral City.

For your consideration, are two virtually identical draft ordinances: (1) Urgency Ordinance No. 403- U, which, if adopted by at least a 4/5 vote, becomes effective immediately; and (2) a regular ordinance, with the identical Municipal Code amendment, which undertakes the traditional approach of introduction (first reading), and adoption (second reading) requiring a minimum of 3 votes, with an effective date 30 days after second reading. (In the event someone challenges the urgency findings in the Urgency Ordinance, the adoption of the regular ordinance, renders such challenge moot upon the effective date.) By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or lawful possession, this ordinance would combat this criminal practice by:

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• Achieving deterrence by establishing zero-tolerance for catalytic converter thefts • Establishing sanctions for possessing stolen catalytic converters; • Prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter;
• Preventing criminals from profiting from the sale and recycling of stolen catalytic converters; and
• Providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved.

The proposed ordinance adds a new chapter 9.60 to the Calimesa Municipal Code. The ordinance is based on an ordinance that was adopted by the Riverside County Board of Supervisors on September 12, 2023. Using the same operative language as the County ordinance (See Sections

9.60.010-9.60.030) will make it easier for Sheriff’s deputies to enforce the ordinance in both unincorporated areas and in the City of Calimesa. The proposed ordinance makes it unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. Notably, the City is not required to prove the catalytic converter was stolen in order to establish the possession is not a “lawful possession.” Under the ordinance, “documentation or other proof” could include the following types of documents:
• Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.
• Documentation from an autobody shop or similar business proving that the owner relinquished the catalytic converter to the autobody shop or similar business. • Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
• Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.

The proposed ordinance also makes it unlawful to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.

A violation of this ordinance will result in criminal penalties, primarily a misdemeanor, although the City retains the discretion to enforce the ordinance via other means, including the administrative citation process.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: Ordinance No. 403-U
Attachment B: Ordinance No. 403

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ORDINANCE NO. 403-U

AN URGENCY ORDINANCE OF THE CITY OF CALIMESA REGARDING

THE UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER AND

DECLARING THE URGENCY AND IMMEDIATE EFFECTIVENESS
THEREOF PURSUANT TO GOVERNMENT CODE SECTIONS 36934
AND 36937, AND FINDING THAT THE ORDINANCE IS EXEMPT UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

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

Section 1. Findings:
(a) The City of Calimesa has not adopted an ordinance regulating the unlawful possession of a catalytic converter.
(b) After making several findings the County of Riverside County enacted Riverside County Ordinance No. 987 on September 12, 2023, making it unlawful within certain portions of the County for any person to possess any catalytic converter which is not attached to a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter.
(d) The findings set forth in Riverside County Ordinance No. 987 are hereby adopted and incorporated by this reference.
(e) It is the intent of the City Council in adopting this Urgency Ordinance to immediately implement Calimesa Municipal Code Title 9, Chapter 9.60 to establish regulations in order to more fully protect the public health, safety, and welfare.

Section 2. The City Council hereby amends Calimesa Municipal Code Title 9 (Public Peace, Morals And Welfare) by adding Chapter 9.60 to read as follows:
“Chapter 9.60

UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
Sections:

9.60.010 Definitions.

9.60.020 Unlawful Possession Of A Catalytic Converter.

9.60.030 Violations and Enforcement.

9.60.010 Definitions.

As used in this Chapter, the following terms shall have the following meanings:

Attachment 14A

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-2-
A. Catalytic converter. Any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.

B. Documentation or other proof. Written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with photographs.

2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated.

5. Vehicle registration associated with the catalytic converter containing an etched associated license plate number or vehicle identification number or driver's license number of registered vehicle owner.

C. Lawful Possession. This term includes: (1) being the lawful owner of the catalytic converter or (2) being in possession of the catalytic converter with the lawful owner's verifiable written consent. It is not required to prove the catalytic converter was stolen to establish the possession is an Unlawful Possession.

9.60.020 Unlawful Possession Of A Catalytic Converter
Barring any provision of state law permitting the same, it is unlawful for any person to possess any catalytic converter which is not attached to a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter.

A. This section does not apply to a detached catalytic converter that has been verifiably tested, certified, and labeled or otherwise approved for reuse, and is being bought or sold for purposes of reuse in accordance with the federal Clean Air Act (42 U.S.C. § 7401 et seq.) and regulations under the Clean Air Act, as they may be amended from time to time.

B. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.

C. Evidence of unlawful possession may be presumed by the number of detached catalytic converters within one's possession and/or by the condition of the dismantled catalytic converter(s), including but not limited to, the manner a catalytic converter has been detached or cut from a vehicle.

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-3-

9.60.030 Violations and Enforcement.

Acts, omissions, or conditions in violation of this Chapter that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this Chapter.

A person is deemed guilty of a separate offense for each and every violation of this Chapter, or any portion thereof. Likewise, a person shall be deemed guilty of a separate offense for each and every catalytic converter in the person's possession that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. The following remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

A. Misdemeanor. In accordance with Calimesa Municipal Code Chapter 1.20, any person who violates any provision of this Chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000, imprisonment for a term not exceeding six months, or both a fine and imprisonment. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000 and by imprisonment in the County jail for six months.

B. Administrative Citation. In addition to any other penalties provided by law, whenever the City determines a violation of this Chapter has occurred, the City may issue an administrative citation with an administrative civil penalty to any person responsible for the violation pursuant to Calimesa Municipal Code Chapter

1.20. C. State Penalties Apply. Nothing in this Chapter shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.”
Section 3. Environmental Determination. The City of Calimesa has determined that adoption of this Urgency Ordinance does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations concerning unlawful possession of catalytic converters imposed under this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment, and CEQA Guidelines Section 15378 because it has no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. The City of Calimesa has also determined that even if the Urgency Ordinance comprises a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

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Section 4. Severability. If any sections, subsections, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining portions of the Chapter. The City Council declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional.

Section 5. Urgency Findings. The City Council finds that Calimesa has no adopted ordinance addressing unlawful possession of catalytic converters. The theft of catalytic converters has been an increasing problem in Riverside County, including within Calimesa. In the County, there were at least 200 reports of catalytic converter thefts in 2022 and, as of July 1, 2023, there were at least 316 reports by victims. The external location of catalytic converters and the use of valuable precious metals, including rhodium, palladium and platinum, in catalytic converters makes these devices a target for thieves. Individuals in possession of stolen catalytic converters often recycle them for substantial profit, while victims of these thefts suffer the consequences of paying thousands of dollars in repairs, the inconvenience of repairing their vehicles, and feeling unsafe in the community. Finding the victim of these crimes is extremely difficult due to the manner in which the catalytic converter thefts occur and lack of identifying markers on catalytic converters to link a stolen catalytic converter to the victim. The inability to identify the victims of catalytic converter thefts can inhibit the ability to successfully prosecute individuals for the thefts. Therefore, unless this Ordinance is effective, and its regulations are immediately put in place, the public health, safety and welfare will be at risk. Therefore, the immediate preservation of the public health, safety and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code Sections 36934 and 36937(b) and take effect immediately upon adoption, and its urgency is hereby declared.

Section 6. Signature, Publication and Certification. The Mayor shall sign, and the City Clerk shall attest to the adoption of this Urgency Ordinance and shall cause the same to be posted and published in the manner required by law.

ADOPTED upon the following roll call vote on May 20, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

WILLIAM DAVIS, MAYOR

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ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
________________________________________
QUINN M. BARROW, CITY ATTORNEY

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ORDINANCE NO. 403

AN ORDINANCE OF THE CITY OF CALIMESA REGARDING THE

UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER AND

FINDING THAT THE ORDINANCE IS EXEMPT UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

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

Section 1. Findings:
(a) The City of Calimesa has not adopted an ordinance regulating the unlawful possession of a catalytic converter.
(b) After making several findings the County of Riverside County enacted Riverside County Ordinance No. 987 on September 12, 2023, making it unlawful within certain portions of the County for any person to possess any catalytic converter which is not attached to a vehicle unless the person has a verifiable valid proof of ownership of the catalytic converter.
(d) The findings set forth in Riverside County Ordinance No. 987 are hereby adopted and incorporated by this reference.
(e) It is the intent of the City Council in adopting this Ordinance to establish regulations in order to more fully protect the public health, safety, and welfare.

Section 2. The City Council hereby amends Calimesa Municipal Code Title 9 (Public Peace, Morals And Welfare) by adding Chapter 9.60 to read as follows:
“Chapter 9.60

UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER
Sections:

9.60.010 Definitions.

9.60.020 Unlawful Possession Of A Catalytic Converter.

9.60.030 Violations and Enforcement.

9.60.010 Definitions.

As used in this Chapter, the following terms shall have the following meanings:

A. Catalytic converter. Any exhaust emission control device, or portion thereof, that converts toxic gases and pollutants in exhaust gas from an internal combustion engine into less-toxic pollutants.

Attachment 14B

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B. Documentation or other proof. Written document(s) clearly identifying the vehicle from which the catalytic converter originated based on the totality of the circumstances, which includes, but is not limited to, the following types of documents:

1. Bill of sale from the original owner with photographs.

2. Verifiable documentation from an auto-body shop proving the owner relinquished the catalytic converter to the auto-body shop.

3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.

4. Photographs of the vehicle from which the catalytic converter originated.

B. It is unlawful for any person to knowingly falsify or cause to be falsified any information in a record intended to show valid proof of ownership.

9.60.030 Violations and Enforcement.

Acts, omissions, or conditions in violation of this Chapter that continue, exist, or occur on more than one day constitute separate violations on each day. Violations

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continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this Chapter.

1.20. C. State Penalties Apply. Nothing in this Chapter shall be intended to limit any of the penalties provided for under California law, including but not limited to the Penal Code, with regard to the sale, use, possession, delivery, and/or receipt of catalytic converters.”
Section 3. Environmental Determination. The City of Calimesa has determined that adoption of this Ordinance does not constitute a “project” within the meaning of CEQA Guidelines Section 15060(c)(2) because there is no potential that the regulations concerning unlawful possession of catalytic converters imposed under this Ordinance will result in a direct or reasonably foreseeable indirect physical change in the environment, and CEQA Guidelines Section 15378 because it has no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment. The City of Calimesa has also determined that even if the Ordinance comprises a project for CEQA analysis, it falls within the “common sense” CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Section 4. Severability. If any sections, subsections, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision or legislation of any court of competent jurisdiction, or by reason of preemptive legislation, such decision or legislation shall not affect the validity of the remaining

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portions of the Chapter. The City Council declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof is declared invalid or unconstitutional.

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

INTRODUCED on May 20, 2024.

ADOPTED upon the following roll call vote on June 3, 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
________________________________________
QUINN M. BARROW, CITY ATTORNEY

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Calimesa City CouncilMay 20, 2024

Calimesa City Council
May 20, 2024