Calimesa City Council
September 16, 2024

Regular Meeting of the Calimesa City Council
Monday, September 16, 2024

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

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

GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, PUBLIC

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

PLEDGE OF ALLEGIANCE

PRESENTATIONS
San Bernardino Community College District – Diana Rodriguez – SBCCD Chancellor League of California Cities – Riverside Division – Jesse Ramirez, Regional Public Affairs Manager Riverside Division

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, September 16, 2024 – 6:00 p.m.

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

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

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

Regular Meeting of the Calimesa City Council
Monday, September 16, 2024

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

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

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of August 19, 2024 regular meeting

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of June 11, 2024 special meeting.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $1,885,495.96(Check Nos. 42378 to 42503). b) August 29, 2024 Payroll of $136,279.93.

September 1, 2024 Council Payroll of $1,670.25

4. COUNCIL TRAVEL EXPENSES.

RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through August 31, 2024.

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

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

6. 2ND READING OF ORDINANCE NO. 399 - AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, AMENDING CHAPTER 18.20 (RESIDENTIAL ZONE DISTRICTS) AND CHAPTER 18.90 (DEVELOPMENT PLAN REVIEW) OF THE MUNICIPAL CODE TO CLARIFY

THE REVIEW PROCEDURES AND STANDARDS APPLICABLE TO HOUSING PROJECTS

ON SITES SUBJECT TO THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (AREA 2) AND TO COMPLY WITH STATE HOUSING ELEMENT LAW.

RECOMMENDATION: That the City Council conduct 2nd reading by title only and adopt Ordinance No. 399, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, AMENDING CHAPTER 18.20 (RESIDENTIAL ZONE DISTRICTS) AND CHAPTER 18.90 (DEVELOPMENT PLAN REVIEW) OF THE

MUNICIPAL CODE TO CLARIFY THE REVIEW PROCEDURES AND STANDARDS APPLICABLE TO

HOUSING PROJECTS ON SITES SUBJECT TO THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (AREA 2) AND TO COMPLY WITH STATE HOUSING ELEMENT LAW.

7. 2ND READING OF ORDINANCE NO. 400 - AN ORDINANCE OF THE CITY OF CALIMESA AMENDING CALIMESA MUNICIPAL CODE SECTION 2.10.040 TO INCREASE CITY COUNCIL SALARY PURSUANT TO SENATE BILL 329.

RECOMMENDATION: That the City Council conduct 2nd reading by title only and adopt Ordinance No. 400, AN ORDINANCE OF THE CITY OF CALIMESA AMENDING CALIMESA MUNICIPAL CODE SECTION 2.10.040 TO INCREASE CITY COUNCIL SALARY PURSUANT TO SENATE BILL 329.

Regular Meeting of the Calimesa City Council
Monday, September 16, 2024

8. BIENNIAL NOTICES REGARDING REVIEW AND UPDATES OF THE CITY’S AND SUCCESSOR AGENCY’S CONFLICT OF INTEREST CODES.

RECOMMENDATION: That the City Council Receive and file the Biennial Notices regarding the updates to the City’s and Successor Agency’s Conflict of Interest Codes; and designate the City Clerk to execute those Biennial Notices.

9. AGREEMENT FOR MANAGED INFORMATION TECHNOLOGY SERVICES WITH ACTIVE IT SOLUTIONS.

RECOMMENDATION: That the City Council approve the Agreement for Managed Information Technology Services between the City of Calimesa and Active IT Solutions.

10. DEVELOPMENT UPDATE.

RECOMMENDATION: That the City Council receive and file the development update.

CALIMESA CHAMBER OF COMMERCE REPORT

PUBLIC HEARINGS
The order of business for the Public Hearing shall be:

A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation
D. Public Testimony
E. Applicant Rebuttal (if necessary)
F. Public Testimony Closed
G. Close Public Hearing
H. Council Discussion
I. Council Motion and Vote
Speakers are encouraged to be brief and remain within the established time limit of three (3) minutes per speaker.

Once the public hearing has been closed, no further testimony will be taken.

11. PUBLIC HEARING: ORDINANCE NO. 401 FOR ZONE TEXT AMENDMENT 24-01 (ZTA 24- 01) - AN AMENDMENT TO CALIMESA MUNICIPAL CODE SECTION 18.15.080.C(4) TO

INCREASE THE DISTANCE OF THE REQUIRED PUBLIC HEARING NOTIFICATION RADIUS TO 600’ AND TO REQUIRE THAT A NOTICE OF PUBLIC HEARING SIGN BE POSTED ON THE PROPERTY.

RECOMMENDATION: That the City Council waive full reading and introduce Ordinance No. 401 by title only, an Ordinance of the City of Calimesa approving Zone Text Amendment 24-01, increasing the distance of the required public hearing notification radius to 600’ and requiring that a notice of public hearing sign be posted on the property. Staff recommends a 6’x6’ sign.

BUSINESS ITEMS

12. SIXTH AMENDMENT TO AGREEMENT FOR SENIOR SERVICES WITH FAMILY SERVICES ASSOCIATION.

RECOMMENDATION: That the City Council:

1. Approve the Sixth Amendment to the Agreement Between the City of Calimesa and Family Services Association to Provide Senior Services at the Norton Younglove Multipurpose Senior Center.

2. Approve Resolution 2024-52, a Resolution of the City Council of the City of Calimesa.

Regular Meeting of the Calimesa City Council
Monday, September 16, 2024

13. ADOPTION OF AMENDED FINANICAL RESERVE POLICY EFFECTIVE JULY 1, 2025.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-53 a Resolution of the City Council of the City of Calimesa, California adopting an Amended Financial Reserve Policy Effective July 1, 2025.

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

CITY MANAGER COMMENTS & REPORTS

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

Negotiating Parties: 7-Eleven Inc., A Texas Corporation Under Negotiations: Price and Terms for acquisition of property by City B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 – Number of Cases: One (1) case

ADJOURNMENT
Adjourn to the Special Meeting of the City Council on Monday, September 23, 2024 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: September 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of August 19, 2024.

ATTACHMENTS:

Attachment A: City Council action minutes of August 19, 2024 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: September 16, 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 meeting of June 11, 2024.

ATTACHMENTS:

Attachment A: Library Commission action minutes of June 11, 2024

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

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $1,885,495.96 (Check Nos.42378-42503) b) August 29, 2024 Payroll of $136,279.93
September 1, 2024 Council Payroll of $1,670.25

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

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

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through August 31, 2024.

FISCAL YEAR 2024-25

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
14-Aug State of District 5 Event $ 100.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 100.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 500.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
8-Jul Cal Cities Riverside Division Mtg $ 60.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 60.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 540.00

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

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

FISCAL YEAR 2024-25

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
8-Jul Cal Cites Riverside Division Mtg $ 60.00
14-Aug State of District 5 Event $ 100.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 160.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 440.00

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

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

FISCAL YEAR 2024-25

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

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

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

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
July 31, 2024
MEETING DATE: September 16, 2024
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended July 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 quarterly LAIF April through June 2024 interest earnings of $282,145 on July 15, 2024, and $1,000,000 transfer on July 19, 2024 from the LAIF Investment account to the General Fund checking account.

FISCAL IMPACT: Revenue of $291,687 interest and dividend earnings was recognized for the, LAIF, CFD and Successor Agency funds.

ATTACHMENTS:

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

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: 2
ND READING OF ORDINANCE NO. 399 - AN ORDINANCE OF

THE CITY OF CALIMESA, CALIFORNIA, AMENDING CHAPTER

18.20 (RESIDENTIAL ZONE DISTRICTS) AND CHAPTER 18.90
(DEVELOPMENT PLAN REVIEW) OF THE MUNICIPAL CODE TO

CLARIFY THE REVIEW PROCEDURES AND STANDARDS

APPLICABLE TO HOUSING PROJECTS ON SITES SUBJECT TO

THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE
(AREA 2) AND TO COMPLY WITH STATE HOUSING ELEMENT
LAW.

MEETING DATE: September 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council conduct 2nd reading by title only and adopt Ordinance No. 399, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, AMENDING CHAPTER

18.20 (RESIDENTIAL ZONE DISTRICTS) AND CHAPTER 18.90 (DEVELOPMENT PLAN

REVIEW) OF THE MUNICIPAL CODE TO CLARIFY THE REVIEW PROCEDURES AND

STANDARDS APPLICABLE TO HOUSING PROJECTS ON SITES SUBJECT TO THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (AREA 2) AND TO COMPLY WITH STATE HOUSING ELEMENT LAW.

ATTACHMENTS:

Attachment A: Ordinance No. 399

1 ORDINANCE NO. 399

AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, AMENDING CHAPTER 18.20 (RESIDENTIAL ZONE DISTRICTS) AND CHAPTER 18.90 (DEVELOPMENT PLAN REVIEW) OF THE MUNICIPAL CODE TO CLARIFY

THE REVIEW PROCEDURES AND STANDARDS APPLICABLE TO HOUSING

PROJECTS ON SITES SUBJECT TO THE RESIDENTIAL INFILL PRIORITY AREA OVERLAY ZONE (AREA 2) AND TO COMPLY WITH STATE HOUSING

ELEMENT LAW
WHEREAS, in 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. The package included the Building Homes and Jobs Act (SB 2), which established a funding source to increase the supply of affordable homes in California by collecting a $75 recording fee on real estate documents. These funds were made available to all local governments in California to help prepare, adopt, and implement plans that streamline housing approvals and accelerate housing production; and,
WHEREAS, the City was awarded a $160,000 grant by the State of California Department of Housing and Community Development (“HCD”) SB 2 program to prepare a “Residential Infill Priority Area Overlay Zone”, also referred to as the “RIPAOZ,” to up-zone certain residential properties identified by the City to allow higher density development including duplexes, townhomes, condos, and a limited amount of apartments by-right; and,
WHEREAS, the City was awarded a $65,000 supplementary grant by HCD Local Early Action Grants program, also referred to as the “LEAP” program, to assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and, WHEREAS, the City prepared the RIPAOZ to encourage infill development and allow for higher density residential development than the underlying zoning designation as established by Calimesa Municipal Code (CMC) Chapter 18.20. The RIPAOZ establishes areas where infill residential development is encouraged which maintains the character of existing neighborhood buildings and structures; to permit a flexible approach to providing affordable housing; to increase property values in residential neighborhoods; and to foster well-planned, compact developments keeping with the character of the existing neighborhood by a) Providing opportunities for the development of affordable housing, b) Promoting efficiency in the utilization of existing infrastructure and services, c) Facilitating integrated physical design, d) Promoting a high level of design quality, e) Facilitating development proposals responsive to current and future market conditions, and f) Providing safe vehicular circulation patterns for residents and safety/service providers; and,
WHEREAS, this Draft Ordinance is a component of the Residential Infill Priority Area Overlay Zone Project (the “RIPAOZ Project” or “Project”), and is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. (collectively “CEQA”); and,
WHEREAS, an Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program were prepared for the RIPAOZ by the City of Calimesa (“City”), in accordance with

Attachment 6A

2 CEQA to evaluate the development of the properties included in the RIPAOZ (Environmental Assessment 22-05); and,
WHEREAS, on August 18, 2023, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which Environmental Assessment 22-05, General Plan Amendment 22-01, and Zone Change 21-01 were considered for a recommended action for the City Council; and, WHEREAS, on August 28, 2023, during a duly noticed public hearing at a special meeting, the Planning Commission adopted Resolution 2023-09 recommending to the City Council the approval of Environmental Assessment (EA) 22-05, General Plan Amendment 22-01, and Zone Change 21-01, approving the RIPAOZ, and,
WHEREAS, on October 2, 2023, the City Council adopted resolutions and ordinances approving EA 22-05, GPA 22-01, and ZC 21-01; and,
WHEREAS, the City Council of the City of Calimesa now desires to amend various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code) to ensure that the RIPAOZ complies with State Housing Law requirements and ensures that the City’s 2021-2029 Housing Element will meet the requirements identified by the California Department of Housing and Community Development in their letters to the City providing comments regarding the City’s Draft Housing Element; and, WHEREAS, the proposed changes made by this Ordinance are consistent with and within the scope of the certified Environmental Impact Report (SCH#2022030754) and Mitigation Monitoring and Reporting Program that were prepared by the City of Calimesa to evaluate the development of the properties included in the RIPAOZ (EA 22-05); and,
WHEREAS, on July 12, 2024, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a special meeting of the Planning Commission at which amendments to the Municipal Code would be considered for a recommended action for the City Council; and,
WHEREAS, on July 22, 2024, the Planning Commission held a duly noticed public hearing for the draft Ordinance at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the Planning Commission considered recommendation of the draft Ordinance; and,
WHEREAS, the Planning Commission recommended that the City Council adopt the draft Ordinance regarding the RIPAOZ and amending various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).

WHEREAS, on August 9, 2024, the City gave public notice as required under Chapter 18.15.080 (Hearings and Appeals) of the City of Calimesa Municipal Code by advertising in the Yucaipa Calimesa News Mirror newspaper of the holding of a public hearing at a regular meeting of the City Council at which amendments to the Municipal Code would be considered for a recommended action for the City Council; and,

3 WHEREAS, on August 19, 2024, the City Council held a duly noticed public hearing for the draft Ordinance at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed ordinance, and at which time the City Council considered the draft Ordinance; and, WHEREAS, the City Council of the City of Calimesa desires to adopt the draft Ordinance regarding the RIPAOZ and amend various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code).

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

Section 1. The above recitals are all true and correct and constitute a material portion of this Ordinance.

Section 2. The City Council has reviewed and considered the information included in the General Plan and Staff Report for the Public Hearing and public testimony prior to taking action on this Draft Ordinance.

Section 3. The proposed Project, which amends various sections of the Zoning Code (Title 18 of the Calimesa Municipal Code), has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). A Final Environmental Impact Report was prepared and the City Council, by separate Resolution No. 2023-61 adopted on October 2, 2023, certified the Final Environmental Impact Report, made appropriate environmental findings, and adopted a Mitigation Monitoring and Reporting Program for the Project. The City Council has determined that the proposed amendments to the RIPAOZ made by this Draft Ordinance, are within the scope of the project analyzed in the previously adopted EIR, and that pursuant to State CEQA Guidelines Section 15162, no further environmental review is required.

Section 4. The City Council finds that this Ordinance is consistent with the goals and policies of the General Plan and State housing goals, and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Section 5. This Ordinance, which establishes regulations applicable to property subject to Area 2 of the RIPAOZ, including property known as Assessor Parcel Nos. 411-200-001, 411-200-002, 411-200-003, 411-200-004, 411-200-007, 411-200-008, and 411-200-022 is hereby approved.

Section 6. Section 18.20.020 (Residential zone districts) in Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended to add a new Subsection I through K as follows, with all other subsections to remain the same:

I. When RIPAOZ Overlay Zone parcels are located on properties that permit mixed uses in the base zone, the Overlay shall permit 100% residential use and require residential use to occupy at least 50 percent of the total floor area of a mixed-use project. No minimum percentage of non-residential use shall be required.

J. Special procedures for projects with at least 20 percent affordable units. Notwithstanding any other provision of this section, owner-occupied and rental multifamily residential

4 developments in the RIPAOZ that are located on a site that is identified as a candidate site in the Calimesa Sixth Cycle Housing Element (2021-2029), shall comply with the following provisions:

1. Notwithstanding the other provisions of this Section, and in accordance with Government Code Section 65583.2(c), as may be amended, a housing development project in which at least 20 percent of the units are affordable to lower-income households shall be a use by right on the following sites:
a. Non-vacant Sites. A nonvacant site that meets the following requirements:
i. The site is designated in the Sites Inventory of the 2021-2029 Housing Element Update as accommodating a portion of the regional housing need for lower-income households;
ii. The site was included in the Sites Inventory in a Housing Element for a prior Housing Element planning period; and
iii. The site was not approved to develop a portion of the City’s housing need during the previous planning period when the site was in the Sites Inventory. b. Vacant Sites. A vacant site that meets the following requirements:
i. The site is designated in the Sites Inventory of the 2021-2029 Housing Element Update as accommodating a portion of the regional housing need for lower-income households;
ii. The site was included in the Sites Inventory in a Housing Element for two or more consecutive prior Housing Element planning periods; and iii. The site was not approved to develop a portion of the City’s housing need during the previous planning periods when the site was in the Sites Inventory.

2. The projects described in subsection (1) shall not be required to obtain any discretionary permit but shall be subject to the review procedures in this Section, except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.

3. For purposes of this subsection, the following terms have the following meanings:
a. “Affordable to lower-income households” means that:
i. The units shall only be rented or sold to lower-income households, as defined in Health and Safety Code Section 50079.5;
ii. Regardless of whether the applicant is seeking a density bonus, the applicant shall comply with the requirements in Government Code Section 65915(c)(1) for rental units and with the requirements in Government Code Section 65915(c)(2) for for-sale units.

5 b. “Housing development project” shall have the meaning given in Government Code Section 65589.5(h)(2).
c. “Sites Inventory” means the inventory of sites in the City suitable for residential development that is included in the City’s Housing Element, as further described in Government Code Section 65583.2. The Sites Inventory in the City’s 2021-2029 Housing Element Update is in Tables B-6 and B-7 of the Housing Element. d. “Use by right” means that the project shall not require a conditional use permit, planned unit development permit, or other discretionary review or approval that would constitute a “project” for purposes of the California Environmental Quality Act. However, any subdivision of the site shall be subject to all laws, including, but not limited to, the Subdivision Map Act and Title 16 of this code. Projects that are a use by right shall be subject to design review, but such design review shall not constitute a “project” for purposes of the California Environmental Quality Act.

4. Pursuant to Government Code 65583.2, subdivisions (h) & (i), overlay zone sites to accommodate the City’s shortfall in satisfying the 2021-2029 lower income Regional Housing Needs Assessment allocation shall require the following additional provisions:
ii. Development shall permit the accommodation of a minimum of 16 units per site. iii. Require a minimum density of 20 units per acre.

K. In cases where the base zone permits residential uses, the following provisions shall apply to the base zone:

1. When more restrictive standards are present in the RIPAOZ overlay than the base zone, the base zone standards shall prevail.

2. If minimum density standards in the base zone are less than the RIPAOZ overlay, then the RIPAOZ standards shall prevail.

Section 7. Table 18.20.030 (Uses Permitted Within Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended such that the two new RIPAOZ columns read as follows, with the addition of the note (identified by an asterisk), with all other columns and notes of Table

18.20.030 to remain the same:

Table 18.20.030 – Uses Permitted Within Residential Districts Use RIPAOZ
Area 1
RIPAOZ
Area 2
A. Residential Uses
Accessory dwelling unit P P
Bed and breakfast inn C C
Boarding house X X
Community care facility

6 Use RIPAOZ
Area 1
RIPAOZ
Area 2
• Six or fewer persons P P
• Seven or more persons C C
Convalescent care facility C C
Day Care Facility
• Six or fewer children P P
• Seven or more children P P
Guest house P P
Junior accessory dwelling unit P P
Manufactured housing P P
Mobile home park X X
Senior congregate care housing C C
Multifamily dwellings (apartments) X P*
Single-family detached P P*
Single-family attached (duplex, triplex, fourplex, townhomes, condominiums)
P
P*
B. Equestrian Uses
Riding academy X X
Rodeo arena X X
Stables. private X X
Stables, commercial X X
C. Agricultural Uses X X
D. Commercial Uses
Hair stylist P P
Feed and grain sales X X
Fruit and vegetable processing X X
Nursery and incidental garden supply X X
Produce market X X
Display and sale of agricultural products X X
E. Public/Quasi-Public Uses
Cemeteries, columbariums, mausoleums (including pet cemeteries) X X Churches and other religious institutions C C
Educational institutions (public and private schools, not including vocational schools):
a. Small (25 or fewer students) on sites with existing assembly uses and adequate off-street parking
b. Large (26 or more students)
P
C
P
C
Fire and police stations C C
Meeting places of nonprofit civic groups, community organizations, clubs, and lodge halls
C
C
Public libraries and museums C C
Public utility and public service substations, reservoirs, pumping plants, and similar installations, not including public utility offices C C F. Recreational Uses

7 Use RIPAOZ
Area 1
RIPAOZ
Area 2
Archery ranges X X
Fishing lakes (commercial and noncommercial) X X
Golf courses and customary appurtenant facilities, including clubhouses, restaurants and retail shops, except driving ranges and miniature golf courses
X X
Parks P P
Picnic grounds for day use only X X
G. Accessory Uses
Antennas, satellite dishes P P
Garages P P
Other accessory uses and structures located on the same site as a permitted use P P
Permanent outdoor storage within parking lot areas X X
H. Home Occupations
Subject to the provisions of
CMC 18.15.090, Home
occupation permits
I. Temporary Uses
Subject to the provisions of
CMC 18.151.130.

Temporary use Permits
J. Other
Apiary X X
Camp X X
Commercial cannabis activity X X
Community garden P P
Farm projects (Future Farmers, 4-H, or similar projects) X X Guest ranch X X
Kennels X X
Menageries, animal hospitals, and shelters X X
Outdoor storage, front yard areas X X
K. Other Uses Similar to and No More Objectionable Than the Uses Identified Above
Subject to the provisions of
CMC 18.15.180
Determination of similar
use
Legend:

P – Permitted use
C – Subject to conditional use permit
X – Prohibited
* Sites in Area 2 of the RIPAOZ shall not be developed with a residential use unless such residential use meets the minimum density standard of 20 dwelling units per acre.

Section 8. Table 18.20.040 (Residential Development Standards) in Section 18.20.040 (Residential Development Standards) of Chapter 18.20 (Residential Zone Districts) of Zoning, Land Use,

8 and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby amended such that the two new RIPAOZ columns read as follows, with all other columns and notes to remain the same:

Table 18.20.040 – Residential Development Standards
Standard RIPAOZ Area 1 RIPAOZ Area 2
Maximum density (DUs per gross acre) 15 35
Minimum density (DUs per gross acre) - 20
Minimum lot size (net area) 1,591 s.f. N/A
Minimum lot width137’ 60’
Minimum lot depth 43’ 100’
Minimum front yard setback 10’ 10’
Minimum side yard setbacks23
Note 2 below
Minimum rear yard setback35
Note 3 below
Maximum lot coverage 75% 75%
Maximum height for buildings and structures 32’ or two stories, whichever is less
40’ or three
stories,
whichever is
less
Notes:

1. Flag lots (lots with less than the required lot width minimum) are prohibited. Cul-de-sac lots shall have a minimum width of 35 feet.

2. Side Yard Setbacks (RIPOAZ 2) One-story building; five feet. Two-story building: five feet for the first story and 10 feet for the second story. For buildings having more than two stories: five feet for the first story; 10 feet for the second story; and an additional five feet for each story thereafter]

3. Rear yard Setbacks (RIPAOZ 2) One- and two-story buildings; 10 feet. For buildings having more than two stories: 10 feet for the first and second stories; and an additional five feet for each story thereafter
Section 9. A new Subsection 5 of subdivision C (“Applicability”) of Section 18.90.030 (Minor Development Plan Review) of Chapter 18.90 (Development Plan Review) of Zoning, Land Use, and Development Regulations, Title 18, of the Calimesa Municipal Code, is hereby added with all other subsections of Section 18.90.030 to remain the same:

5. Projects that are subject to the “by right” approval process pursuant to subdivision J of Section

18.20.020 of this code.

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

9 INTRODUCED AND PASSED UPON FIRST READING on August 19, 2024, by title only, upon the following vote:

AYES: Cervantez, Davis, Hewitt, Manly and Molina
NOES: None
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED on September 16, 2024 upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________________

QUINN BARROW, CITY ATTORNEY

10 Exhibit 1
Draft and Final Environmental Impact Report (FEIR) analyzing the potentially significant impacts of the RIPAOZ (State Clearinghouse #2022030754) Draft EIR: https://www.cityofcalimesa.net/ArchiveCenter/ViewFile/Item/160 Final EIR: https://www.cityofcalimesa.net/ArchiveCenter/ViewFile/Item/159 Exhibit 2

11 Site Map Residential Infill Priority Area Overlay Zone (Area 2) (Depicted in blue)

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: 2
ND READING OF ORDINANCE NO. 400 - AN ORDINANCE OF

THE CITY OF CALIMESA AMENDING CALIMESA MUNICIPAL
CODE SECTION 2.10.040 TO INCREASE CITY COUNCIL SALARY
PURSUANT TO SENATE BILL 329.

MEETING DATE: September 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council conduct 2nd reading by title only and adopt Ordinance No. 400, AN ORDINANCE OF THE CITY OF CALIMESA AMENDING CALIMESA MUNICIPAL CODE SECTION 2.10.040 TO INCREASE CITY COUNCIL SALARY PURSUANT TO SENATE BILL 329.

ATTACHMENTS:

Attachment A: Ordinance No. 400

ORDINANCE NO. 400

AN ORDINANCE OF THE CITY OF CALIMESA

AMENDING CALIMESA MUNICIPAL CODE
SECTION 2.10.040 TO INCREASE CITY COUNCIL
SALARY PURSUANT TO SENATE BILL 329
THE CALIMESA CITY COUNCIL DOES ORDAIN AS FOLLOWS:

Section 1. Calimesa Municipal Code Section 2.10.040 concerning council member salary is hereby amended to read as follows:
“2.10.040 Compensation.

A. Each council member shall be entitled to a salary in the amount of $700 per month. (Government Code Section 36516.)”
Section 2. Effective Date; Publication. This ordinance shall take effect 30 days after its final passage, and within 15 days after its passage, the City Clerk shall cause this ordinance or a summary hereof to be published and/or posted as required by law and by the City's ordinances and resolutions.

INTRODUCED AND PASSED UPON FIRST READING on August 19, 2024, by title only, upon the following vote:

AYES: Cervantez, Davis, Hewitt and Molina
NOES: Manly
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED on September 16, 2024 upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________________

QUINN BARROW, CITY ATTORNEY

Attachment 7A

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: BIENNIAL NOTICES REGARDING REVIEW AND UPDATES OF THE CITY’S AND SUCCESSOR AGENCY’S CONFLICT OF INTEREST
CODES.

MEETING DATE: September 16, 2024
PREPARED BY: Deputy City Manager/City Clerk Gerdes
RECOMMENDATION: That the City Council Receive and file the Biennial Notices regarding the updates to the City’s and Successor Agency’s Conflict of Interest Codes; and designate the City Clerk to execute those Biennial Notices.

BACKGROUND/DISCUSSION: The Political Reform Act, Government Code Sections 81000, et seq., requires the City to adopt a Conflict of Interest Code for each department of the City and requires every local government agency to review its conflict of interest code biennially to determine if it is accurate and up to date.

Pursuant to Resolution No. 2022-54, the City last adopted an updated Conflict of Interest Code two years ago containing designated positions and disclosure categories for certain departments of the City.

The first step in the review and update process is for staff to review the current Conflict of Interest Code and prepare and submit to the City Council a Biennial Notice form indicating whether or not amendments to the City’s or other local agency Code is required. Attached is a Biennial Notice form for both the City and the Successor Agency indicating that there are changes to be made to the Codes for each entity. The City and Successor Agency are then to complete the update process by December 31st of each even-numbered year. By this agenda item, the City Council is designating the City Clerk to be the official to execute both Biennial Notices. As indicated in the attached Biennial Notices, City staff has also completed review of the City’s and Successor Agency’s Codes and determined that both need minor amendments.

On the October 7, 2024 agenda, an updated version of the City’s and Successor Agency’s Codes will be brought forth for adoption.

ATTACHMENTS:

Attachment A: Biennial Notice for City’s Conflict of Interest Code Attachment B: Biennial Notice for Agency’s Conflict of Interest Code

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: AGREEMENT FOR MANAGED INFORMATION TECHNOLOGY

SERVICES WITH ACTIVE IT SOLUTIONS
MEETING DATE: September 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Agreement for Managed Information Technology Services between the City of Calimesa and Active IT Solutions.

BACKGROUND: At the October 19, 2020 meeting the City Council approved a professional services agreement for Managed Information Technology Services with Acorn Technology Services for a one-year term. At the November 1, 2021 meeting the City Council approved an amendment extending the agreement for a 3-year term, ending October 31, 2024. Up and until the last year or more Acorn Technology Services provided expert and prompt support to the City. However, a change in ownership took place during the 2022 year and since that time the City has experienced a lack of quality service and support and therefore made the decision to commence an RFP process for Managed Information Technology Services.

Requests for proposals were released July 8, 2024 with a deadline for submittal of August 12, 2024.

A total of nine (9) Requests for Proposals were received. Staff reviewed and evaluated all nine (9) proposals and selected the one that best fits the needs of the City. On September 3, 2024, staff conducted an interview and selected Active IT Solutions. Active IT Solutions provides contract services to several non-profits and special services districts and comes with over 20 years’ experience. A copy of their response to our Request for Proposal is attached for Council review.

Also attached is the Professional Services Agreement recommended for approval by the City Council. This agreement contains a provision for a one-year term with the possibility of an extension up to five (5) years.

Active IT Solutions will provide expert and prompt support during regular business hours with afterhours staff available to provide service during off hours. Various other services include but are not limited to computer infrastructure needs and regular maintenance and monitoring, regularly scheduled updates, backups, network maintenance and troubleshooting. Active IT Solutions will perform an initial assessment/documentation to inventory and review all the system architecture and current processes and will meet with the current provider Acorn Technology Services for a smooth transition.

During the interview process, City staff met Active IT Solutions personnel who would be assigned to the City, all come with many years of experience providing city staff with a level of comfort in its selection.

FISCAL IMPACT: The adopted FY 24/25 budget allocated $58,460 for Managed Information Technology Services. The monthly cost will be $4,026.40 and this includes a 30% local city discount.

ATTACHMENTS:

Attachment A: Active IT Solutions submitted RFP document Attachment B: Agreement for Professional Services

Attachment 9A

AGREEMENT FOR MANAGED INFORMATION TECHNOLOGY SUPPORT SERVICES BETWEEN THE CITY OF CALIMESA AND ACORN TECHNOLOGY SERVICES.

THIS AGREEMENT (“Agreement”) is made and effective as of October 1, 2024 between the City of Calimesa, a California municipal corporation (“City”) and Active IT Solutions

RECITALS
A. The City has determined that it requires a consultant and independent contractor to assist and provide information technology support services for City.

B. Consultant represents that Consultant has the necessary education, experience, skills and expertise to provide the type of services needed by City to provide information technology support assistance.

C. The Parties desire to execute this Agreement pursuant to the authority and approval of the City Council.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

AGREEMENT

1. TERM
Subject to the terms and conditions set forth in this Agreement, the term of this Agreement shall commence on October 1, 2024, and shall continue thereafter, through and including September 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement. At the end of the initial one-year term, if both parties agree the agreement may be extended for an additional term up to five (5) years.

2. SERVICES
Consultant shall perform the professional services, tasks and duties (collectively “Services”) described and set forth in Exhibit A, Services to be Performed, attached hereto and incorporated herein as though set forth in full. Consultant shall perform the Services to the full satisfaction of City.

Consultant shall acquire and maintain at his sole cost and expense such vehicle(s), equipment and supplies as Consultant requires to conduct the Services required by this Agreement, as set forth below.

In performing any and all Services as provided in this Agreement, Consultant shall serve as and shall be an independent contractor of City and not an employee of City. In accepting this engagement, Consultant agrees that he is an independent contractor and not an employee of City.

Attachment 9B

3. PERFORMANCE
Consultant shall at all time faithfully, competently and to the best of his ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall forthwith undertake and complete all services under this Agreement in accordance with the terms of Exhibits A and B, attached hereto and incorporated herein by this reference, and all in accordance with Federal, State, and City statutes, regulations, ordinances, and guidelines in effect at the time of performance, and all services shall be performed to the reasonable satisfaction of City.

4. PAYMENT
City shall pay Consultant monthly for Services actually provided, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A (Services to be Performed) and Exhibit B (Payment Rates and Schedule), attached hereto and incorporated herein by this reference as though set forth in full. Payment under this Agreement shall be based upon actual time spent on the Services. Consultant’s compensation includes payment of all taxes, insurance and fringe benefits, as well as indirect costs, overhead and profit allowance, vehicles, travel, equipment, materials and supplies, except as otherwise authorized in Exhibit B.

Consultant shall not be compensated for any tasks, duties or work rendered in connection with his performance of this Agreement which are in addition to those set forth herein on Exhibit A, unless such additional tasks, duties or work are authorized in advance by the City Council pursuant to an amendment to this Agreement and approved in writing by the City Manager.

Consultant shall submit invoices monthly for actual services performed by Consultant.

Invoices shall be submitted between the first and fifteenth business day of each month, for Services provided by Consultant in the previous month. Payment shall be made by City as to all non-disputed fees within thirty (30) days of receipt of each invoice. If City disputes any of Consultant’s fees, City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Notice shall be sent in accordance with Section 12.

City shall issue an IRS Form(s) 1099 to Consultant for payment(s) made by City for Services performed by Consultant under this Agreement. City shall not withhold any federal or state payroll and other taxes, or deductions of any kind, from each payment made to Consultant. Consultant is solely responsible for (and City has no obligation with respect to) payment of all federal income taxes, state income taxes, FICA, and other taxes owed by Consultant, or which are claimed to be owed by Consultant, arising out of Consultant’s performance of any Services under this Agreement and his receipt of compensation for Services performed hereunder, or by any of Consultant’s employees hired by Consultant to assist him in his performance of Services under this Agreement.

Consultant shall be responsible for all federal and state income tax consequences arising from this Agreement and the performance of Services under this Agreement, and shall be responsible for all payment of compensation, taxes, insurance and fringe benefits to Contractor’s employees. Consultant shall defend, indemnify and hold City harmless from and against, and shall defend City against all losses, damages, claims, costs, penalties, liabilities, and expenses with respect to any such taxes.

5. TERMINATION OF AGREEMENT
Termination by City. City may terminate this Agreement at any time, with or without cause, by giving Consultant at least sixty (60) days’ advance written notice of the effective date of termination, unless the Parties otherwise agree in writing. Upon receipt of a notice of termination from the City, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

Termination by Consultant. Consultant may terminate this Agreement at any time, with or without cause, by giving City at least sixty (60) days’ advance written notice of the effective date of termination, unless the Parties otherwise agree in writing. Upon City’s receipt of a notice of termination from Consultant, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise, or the Parties agree otherwise in writing.

In the event this Agreement is terminated pursuant to this Section 5(A) or (B), City shall pay to Consultant the actual value of the Services performed by Consultant up to the time of termination in accordance with Exhibit B, provided that Consultant has performed the services in accordance with this Agreement. Payment by City of any such Services shall be contingent upon Consultant’s service upon City of an invoice to City pursuant to Section 3 for the actual value of Services performed up to the time of termination. In no event shall Consultant receive more than the maximum compensation specified in Section 4(A), above.

6. OWNERSHIP OF DOCUMENTS
Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to permit an evaluation of Services by City. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or City’s designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom and/or copies thereof, as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of four (4) years after receipt of final payment.

Upon completion of, or in the event of termination of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to City, upon reasonable written request by City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

In the event of expiration of this Agreement, or termination pursuant to Section 5, Consultant shall promptly and immediately (and in any event no later than the effective

date of such expiration or termination) deliver to City all keys, security access codes, computers, computer disks, supplies, materials, equipment, records and documents (including but not limited to plans, data, studies, surveys, drawings, maps, models, photographs, reports and writings of any kind whatsoever, whether in computer form or hard copy, and whether in draft or final form), related to Consultant’s Services obtained or prepared by Consultant in the performance of the Services under this Agreement.

7. INDEMNIFICATION
Indemnification by City. City shall indemnify and hold Consultant harmless, including providing for adequate representation, from and against any and all alleged claims, damages, liabilities, costs and expenses, as well as reasonable attorneys’ fees and other legal or other costs and expenses which may be suffered or incurred by Consultant arising from any adverse action taken by the City Council, developers, businesses or property owners against the Consultant as a result of Consultants work related to actions taken by the City, unless such claims, damages, liabilities are a result of Consultant’s gross negligence or willful misconduct.

Indemnification by Consultant. Consultant shall indemnify, defend and hold City harmless in accordance with the following provisions:

Indemnification for Professional Liability. To the maximum extent permitted by law, Consultant shall indemnify, defend and hold City, and City’s elected and appointed officials, officers, employees, agents and volunteers (collectively the “Indemnitees”), free and harmless from and against any and all losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees and costs, to the extent the same are caused by the negligence, recklessness or willful misconduct of Consultant, or any of Consultant’s officers, officials, employees, agents, contractors, or volunteers, in the performance of professional services pursuant to this Agreement. Consultant shall defend the Indemnitees in any action or actions filed in connection with any such claims with counsel of City’s choice. Notwithstanding the foregoing, Consultant shall not be required to indemnify the City for the City’s sole negligence or sole willful misconduct.

Indemnification for Other than Professional Liability. Except for the performance of professional services hereunder, and to the maximum extent permitted by law, Consultant shall defend, indemnify, and hold City, and City’s elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnitees”), free and harmless from all liability including liability for claims, suits, actions, expenses or costs of any kind, whether actual, alleged, or threatened, attorney’s fees incurred by City, court costs, interest and defense costs including expert witness fees, where the same arise out of, or are connected with, in whole or in part, the performance of this Agreement by Consultant, or any of Consultant’s officers, officials, employees, agents, contractors, and/or volunteers, and which result in bodily injury, property damage, and personal injury to any individual or entity, including but not limited to the officers, officials, employees, agents, volunteers, and/or contractors, of Consultant. Consultant shall defend the Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice. Notwithstanding the foregoing, Consultant shall not be required to indemnify the City for the City’s sole negligence or sole willful misconduct.

Consultant’s covenants under this Section 7(B) shall survive the termination or expiration of this Agreement.

The indemnification requirements contained in this Section 7(A) and (B) apply regardless of insurance coverage.

8. INSURANCE
A. During the term of this Agreement, Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Services required under this Agreement by Consultant, its agents, representatives or employees, to the extent and with the minimum levels of coverage as set forth below. If Consultant uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Consultant shall amend, supplement or endorse the existing coverage to do so.

B. Minimum Scope of Insurance. Coverage shall be at least as broad as and in accordance with the following minimum requirements.

1. General Liability Insurance: Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88. Limits shall be no less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Cyber Liability Insurance: Cyber liability insurance with limits no less than $2,000,000 per occurrence, providing protection against claims and liabilities arising from:
(i) errors and omissions in connection with maintaining security of City Data; (ii) data breach including theft, destruction, and/or unauthorized use of City Data; (iii) identity theft including bank charges assessed; and (iv) violation of privacy rights due to a breach of City Data.

3. Automobile Liability Insurance: Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). Limits shall be no less than one million dollars ($1,000,000) per accident and one million dollars ($1,000,000) aggregate. Starting and ending dates shall be concurrent. If Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.

4. Professional Liability (errors & omissions) Insurance: Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement. If a “claims made” policy is provided, it shall be endorsed to provide an extended reporting period of not less than three (3) years after completion of the services required by this Agreement.

5. Workers' Compensation/Employer's Liability: Consultant shall provide Worker’s Compensation Insurance and Employer’s Liability Insurance as required by the State of California. If Consultant has no employees while performing under this Agreement, workers’ compensation insurance is not required, but Consultant shall execute a declaration under penalty of perjury that it has no employees.

C. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the City Manager’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officers, officials, employees and designated volunteers, or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. All insurance coverage and limits provided pursuant to this Section shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Section or the Agreement limits the application of such insurance coverage.

E. The insurance provided by Consultant shall be primary to any coverage available to City and shall contain provisions for waiver of subrogation. Consultant hereby waives all rights of subrogation against City.

F. All insurance policies provided pursuant to this Agreement, or any other agreements pertaining to the performance of the Agreement, shall not prohibit Consultant, and Consultant’s employees or agents, from waiving the right of subrogation against City prior to a loss.

G. Unless otherwise approved by City, Consultant's insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best's” Insurance Guide rating of “A:VII+.” Self-insurance will not be considered to comply with these insurance specifications.

H. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant.

I. Consultant shall provide evidence of the insurance required herein, satisfactory to City, consisting of certificate(s) of insurance evidencing all of the coverages required.

Certificate(s) are to reflect that the insurer will provide thirty (30) days prior written notice of any cancellation of coverage and all policies must be endorsed accordingly. Consultant shall require its insurer to modify such certificates and endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation and to delete the word “endeavor” with regard to any notice provisions. Consultant shall provide complete copies of policies to City upon request.

J. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

K. If Consultant does not keep the policies and coverages in effect as required by this Agreement, or other equivalent insurance acceptable to City, City may immediately terminate the Agreement.

L. Any actual or alleged failure on the part of City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement or to inform Consultant of noncompliance with any insurance requirements in no way waives any right or remedy of City or any additional insured, in this or any other regard.

M. Consultant shall provide immediate notice to City of any claim or loss against Consultant that includes City as a defendant. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.

N. Any insurance provided pursuant to the requirements set forth in this Agreement shall not be limited to coverage for the vicarious liability or supervisory role of any additional insured. All insurance coverage and limits provided are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage.

9. INDEPENDENT CONTRACTOR.

Consultant is and shall at all times remain as to the City an independent contractor and shall perform all Services under this Agreement as an independent contractor. This Agreement shall not and is not intended to engage Consultant as an agent, servant, or employee of City and shall not nor is it intended to create any employer-employee relationship, partnership, joint venture, or similar association between City and Consultant, or to otherwise create any liability for either party with respect to the indebtedness, liabilities, and obligations of the other party. Neither City nor any of their officers, employees, agents, or volunteers shall have control over the conduct of Consultant except as set forth in this Agreement with respect to the results required under this Agreement. Consultant shall not at any time or in any manner represent that he is in any manner an officer, employee or agent of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind City in any manner. Subject to Consultant’s obligations to provide the Services set forth in Exhibit A, attached hereto, to achieve the results set forth therein, and the minimum requirements set forth in this Agreement, Consultant has the sole right and obligation to supervise, manage, operate, control, and direct the performance of all Services required by and performed pursuant to this Agreement.

Contractor and his employees shall not be entitled to any health and welfare employee benefits from City, or any other benefits provided by City, including but not limited to, health insurance, accrued vacation or paid leaves of absence, or any other benefits, payments or compensation of any kind that may be provided to any employee of City.

Consultant, and his employees, are not employees of City and are not members of the personnel system or classified service of City. As such, Consultant and his employees shall not have any rights or benefits of an employee under the Calimesa Municipal Code, any provision of the Calimesa Personnel Rules and Regulations, or any memorandum of understanding between City and any of City’s bargaining units. Except for the fees paid to Consultant as provided in Section 4 of this Agreement, City shall not pay any compensation of any kind to Consultant for performance of any Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10.LEGAL RESPONSIBILITIES
Consultant shall keep himself informed of all local, State and Federal ordinances, laws and regulations which in any manner may affect those employed by it or in any way affect the performance of his Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers,

employees, agents, and volunteers, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this section.

11.RELEASE OF INFORMATION
All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant shall not without written authorization from the City Manager or unless requested by the City Council, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.

Consultant shall promptly notify City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding.

Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

12.NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Calimesa
908 Park Avenue
Calimesa, California 92320
Attention: Will Kolbow, City Manager
To Consultant: Active IT Solutions
1485 Spruce Street, Suite Q
Riverside, CA 92507
Attention: David Shay, CEO

13.ASSIGNMENT
City is entering into this Agreement with Consultant based on Consultant’s specialized expertise, training and knowledge. Consultant shall not assign or delegate the

performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Consultant shall not retain or permit any of his employees, contractors, subcontractors or consultants to perform any Services required under this Agreement.

14.NONDISCRIMINATION
Consultant shall not discriminate against or harass or retaliate against any person for any reason including but not limited to on the basis of race, color, creed, religion, sex, marital status, national origin, ancestry, age physical or mental handicap, medical condition, sexual orientation, or on any other basis prohibited by law, in the performance of Consultant’s Servicers required by this Agreement, nor shall Consultant retaliate against any person who exercises his/her rights under any federal or state law prohibiting discrimination, harassment and/or retaliation. Consultant covenants and agrees that he shall comply with all ordinances, rules, regulations and policies of City relating to nondiscrimination, harassment and retaliation.

15.LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, a City business license and all other licenses required of him by law for the performance of the services described in this Agreement.

16.GOVERNING LAW
The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall also govern the interpretation of this Agreement.

17.JURISDICTION AND VENUE
Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Calimesa.

18.AMENDMENTS
This Agreement may be amended at any time by mutual agreement of City and Consultant. Any amendment shall be in writing and approved by the City Council.

19.COOPERATION
In the event any claim or action is brought against City relating to Consultant’s performance of Services under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

20.WAIVER
Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default that may then exist on the part of Consultant, and such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

21.SEVERABILITY
If any clause, sentence, part, section, or portion of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, such clause, sentence, part, section, or portion so found shall be regarded as though it is not part of this Agreement, and the remaining parts of this Agreement shall be fully binding and enforceable by the Parties hereto.

22.CONTRACT INTERPRETATION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the drafting party.

23.ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material. In the event of a conflict between the provisions of this Agreement and the exhibits hereto, the text of this Agreement shall prevail.

24.AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder
.

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

CITY OF CALIMESA
William Davis
Mayor
ATTEST:

Darlene Gerdes
City Clerk
Title
Consultant

By:

Name: David Shay
Title: Chief Executive Officer
Active It Solutions

EXHIBIT A

SUBMITTED REQUEST FOR PROPOSAL

PAYMENT RATES AND SCHEDULE

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: DEVELOPMENT UPDATE
MEETING DATE: September 16, 2024
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council receive and file the attached development update.

DISCUSSION: The City has several pending development applications on file for significant projects including General Plan Amendments, Specific Plan proposals, Development Plan Reviews, and Conditional Use Permits. Attachment A provides an update regarding various projects, the status of pending entitlements, and progress on construction activities. The development update is not all inclusive and does not include permitting for minor projects such as patio covers, accessory dwelling units, residential additions, walls, or swimming pools.

ATTACHMENTS:

Attachment A: Development Update with location map

1 2
3 4
5 6
7 8a
8b
8c
9a
9a
9a
9b
10 10
10 10
10 10
10 10
10 10
10 10
11 12
13 14
15 15
15 15
14 16
17 17
18 18
18 18
18 18
18 18
18 18 18
18 18 18
19 20
22 23
24 25
26 27
28 29
21

Attachment 10A

Reference
Map # Project Planning Case Number Entitled/Constructed? Planning
Area/Community
Name
Project Description
1 DR Horton @
Summerwind Trails
DPR 18-04 Yes/Yes The Retreat (41
lots)
41 single-family homes
2 DR Horton @
Summerwind Trails
DPR 18-04 Yes/Yes Camellia Pointe
(121 lots)
121 single-family homes
3 Meritage Homes @
Summerwind Trails
DPR 18-06 Yes/Yes Garland 80 single-family homes
4 Richmond American
Homes @
Summerwind Trails
DPR 19-03 Yes/Yes Overlook 145 single-family homes
5 Summerwind Trails
Phase 1 park. SC 20-01 Yes/Yes Summerwind Trails

6.32-acre public park
6 Lennar Homes @
Summerwind Trails
DPR 18-01 Yes/Yes Painted Sky (105
lots), Wildflower
(141 lots)
246 single-family homes
Reference
Map # Pad Planning Case Number Entitled/Constructed? User Project Description 7 Major A DPR 18-03 Yes Stater Bros 45,712 sq ft grocery store 7 Shops 1 DPR 18-03 Yes Nail Salon, Skin
Solutions, Sport
Clips, Juice it Up
6,300 sq ft multi-tenant commerical building
7 Shops 2 DPR 18-03 Yes Cold Stone, Arby's 3,575 sq ft multi-tenant commercial building 7 Shops 3 DPR 18-03 Yes Starbucks, Waba
Grill, Law Firm
Office, Wingstop
8,149 sq ft multi-tenant commercial building
7 Shops 4 DPR 18-03 Yes Dentist/ Urgent
Care
6,300 sq ft commercial building with two tenants
7 Major B/Auto Spa DPR 18-03 Yes Auto Spa/Fitness The currently entitled site plan shows an Auto Spa on the eastern edge of the site.
7 Pad A DPR 18-03 Yes Panda Express 3,525 sq ft commercial building 7 Pad B DPR 18-03 Yes 7--11 3,200 sq ft convenience store and fueling station 7 Pad C DPR 18-03 Yes Jack in the Box 2,666 sq ft fast food restaurant with drive-thru 7 Pad D DPR 18-03 Yes Fire Rock Burgers
and Brew
3,000 sq ft commercial building
7 Pad E DPR 18-03 Yes Del Taco 2,420 sq ft fast food restaurant with drive-thru City of Calimesa Development Update
To: City Council, Planning Commission, Parks, Trails, and Community Services Commission From: Kelly Lucia, Planning Director / [email protected] September 2024 Update
The Summerwind Ranch Specific Plan
Residential
Summerwind Trails "Phase 1" - Master Developer - Jen So Cal (Representative: Paul Onufer) Master Entitlements: Development Agreement, Summerwind Specific Plan, VTTM 32702 Town Center
41/41 building permits have been issued. This tract is now fully built out. 246/246 building permits have been issued. The tract is now fully built out. 80/80 building permits have been issued. This tract is now fully built out. 145/145 building permits have been issued. This tract is now fully built out.

Current Status
The park is open and operational.
121/121 building permits have been issued. This tract is now fully built out.

Pad B (7-11) is currently open and operational.

Planning Area TC-8: The Marketplace at Calimesa - Developer - Lewis Retail Centers (Representative: Timothy Revees) Current Status
Pad C (JIB) is currently open and operational.

Major A (Stater Bros) is operational.

Shops 1 is operational.

Shops 2 is operational.

The Shops 3 is operational.

The businesses are operational.

Applicant has indicated that revisions may be proposed to this portion of the site plan to accommodate a fitness user instead. That application is forthcoming.

Panda Express is open and operational.

A restaurant and brew pub named Fire Rock Burgers is currently open and operating. The Planning Commission issued a Conditional Use Permit for full alcohol, beer, and wine sales.

Pad E (Del Taco) is open and operational.

Reference
Map # Entitled? User Project Description
8a Yes/No
Dutch Bros,
Chipotle, Chevron,
Wendy's, Kiddie
Academy, others to
be secured
12 acre commercial site within Summerwind Specific Plan – Planning Area TC-7.
8b Yes/No
Homebuilder
unknown at this
time

24.68-acre site that is currently zoned for business park, commercial, and open space land uses. The applicant propose a GPA, SPA, DPR, EA, and map to accommodate a 168 unit small lot, residential development.

Reference
Map # Entitled/Constructed? User Project Description
8c No/No Unknown
Two pad development within Summerwind Ranch Specific Plan Area TC-7 that consists of one drive through restaurant and one fuel station.

Reference
Map # Entitled/Constructed? User Project Description
9a Yes /No Unknown
Site plan, architectural, and landscape approval to allow four warehouse/logistic buildings up to 707,000 square feet (SF).

Total industrial square footage equals 2.25 million square feet. 9b Yes/No Unknown
Specific Plan/General Plan Amenmend/Tentative Parcel map applications to rearrange commercial/business park uses, construct a 5 acre lake, up to apx 700,000 square feet of retail uses, a new City Hall facility, and new municipal fire station. 10 Yes/No N/A
Phases 2-5 of Summerwind Ranch residential consisting of 3,208 residential dwelling units, 89 acres of parkland, and 45 acres of schools.

Reference
Map # Project Name Planning Case Number Entitled/Constructed? Location Project Description 11 TTM 37802 PR 19-02/
TTM 37802 Yes / No 10701 Desert Lawn Drive
Subdivision of 44 acres into 191 single-family lots
12 Country Club Village
DPR 14-03, CUP
14-03, TTM
36766, MM 18-02
No - Expired /No
Champions Drive
@ Desert Lawn
Drive
452,190 sq ft mixed-used development on approx. 30 acres including retail, restaurants, hotel, medical office building, and a congregate care/assisted living facility.
13 San Gorgonio
Crossings/I-10
Logistics
Center/Shopoff
Minor
Development
Plan Review
20-08
Yes/Yes
Located within
Riverside County,
immediately east of
the City of
Calimesa boundary
Approximately 1.8 million square feet of industrial/warehouse land uses, comprised of two buildings.

The Planning Commission approved the subdivision on 4/25/2022. The first (of six possible) Extension of Time was granted by the Planning Commission on 1/22/2024. The project team has not submitted a Development Plan Review application for architectural approval at this time.

The Planning Commission recommended approval of the project on GPA 22-02, SPA 21-02 (SP Area 1 - 3/25/2025. The City Council approved the project on 4/15/2024.

Amendment 4), DPR 22-02, EA 22-01,
TTM 38354
Planning Area TC-1, TC-2, TC-3, TC-4, TC-5, TC-6 : Oak Valley Town Center (Oak Valley Development Company/Representative: John Ohanian) Planning Case Number
DPR 19-02, CUP 19-01, CUP 19-02, CUP
19-03, VTTM 37739, VAR 19-02
Site rough grading is complete. Construction plans for Building A and Building B (264 congregate care/assisted living units) were submitted in Dec. 2019. The applicant was going through the approval process to obtain sewer service from the City of Beaumont. However, the project has since expired.

New entitlements will be required.

Current Status
GPA 20-01, SPA 20-01, TPM 37862,
CEQA Addendum,
This project was approved by the Planning Commission 10/12/2020 and the City Council on 11/2/2020. Development plans have not been submitted for the retail portion of the project. The timing of future public hearings for the retail center is unknown. The project has been paused due to a bankruptcy filing by the master developer.

Other Projects
The project was entitled, approved, permitted, and constructed through Riverside County. All buildings and improvements are now constructed.

There is a small 8-acre portion of the project located within the City of Calimesa. This area is used for grading, drainage, and landscape only. There are no buildings located within Calimesa.

Summerwind Phases 2-5, TTM 33536
Summerwind Trails "Phases 2-5" - Master Developer: Jen So Cal/Representative: Paul Onufer. Master Entitlements: Development Agreement, Summerwind Specific Plan, TTM 33536 0/3,208 residential building permit, parkland, or school encroachment permits have been issued for phases 2-5. Development plan reviews have not been submitted at this time. The developer has submitted a Specific Plan Amendment application to rephase the project. It is anticipated that the Planning Commission and City Council will hold public hearings for the amendments in late 2024/early 2025.

Current Status
Planning Area TC-7 : (Majestic Realty/Representative: John Hunter) The first comment letter was issued on 5/11/2020. A resubmittal has not been received at this time. The applicant is currently exploring the feasibility of a self-storage project at this location instead of the previous proposal to construct a gas station and drive through restaurant.

Current Status
Planning Case Number
EA 21-01, GPA 21-01, SPA 21-01, TPM
37862 - Revision 2, DPRs 21-01 through
DPR 21-06, CUPs 21-04 through 21-04,
Funding Agreement for fire apparatus
Planning Case Number
DPR 20-01, CUP 20-01, CUP 20-02
The Planning Commission approved Development Plan Review and Conditional Use Permit applications for the four industrial buildings on 8/8/2022 and the City Council approved on 9/6/2022. Rough grading is partially complete. The project has been paused due to a bankruptcy filing by the master developer.

Current Status
Summerwind Commons - Phase 1 was approved by the Planning Commission on 7/27/2020. Rough grading is complete. Utility installation is ongoing.

Planning Areas TC-5, TC-7, and TC-9: The Summerwind Commons (Plan B Resolutions/Calimesa 2 Holdings, LLC - Representative: Rich Rowland)

14 The Heights at
Calimesa Specific Plan
Specific Plan Area
4 No/No
On Calimesa Blvd,
east of I-10, north
of Cherry Valley
Blvd, south of
Singleton Road
New proposed specific plan: 244 acres, 2,248 multi-family units, 21 acres of mixed use development, 21 acres of parkland, 20 acres of open space, 124 acres of natural open space.
15 Oak Valley North
Specific Plan
Preliminary
Review 21-04 No/No Southeast corner of I-10/Singleton Road New proposed specific plan: A proposal to establish a new specific plan to accommodate industrial, business park, high density residential, and institutional (church) land uses on approximately 92 acres.
16 JP Ranch ("JP Ranch
East")
Tentative Tract
Map 30387 Yes/No
West of Singleton
Road, South of
Avenue L
Approximately 475-unit single family residential subdivision comprised of 6,000 sf minimum lots.
17 Calimesa Golf Course N/A No/No
East of Calimesa
Blvd, west of
Singleton Road,
south of
Sandalwood
interchange.

Approximately 121 acre decommissioned golf course with event center.

Reference Map
#
Project Planning Case Number Entitled/Constructed? Planning Area/Community Name/Location Project Description
18 Mesa Verde Specific Plan Area
2 Yes/No Mesa Verde
Specific Plan with 3,650 residential units, 250,000 sf of retail, and apx 600 acres of open space
Reference
Map #
Project Name/
Representative(s)
Planning Case
Number Entitled/Constructed? Location Project Description 19 Sandalwood Travel
Center - Applicant JNT
Management/ Rep:

Jack Kofdarali
TPM 38215/DPR
20-05/CUP 20-04
through 20-06, EA
21-01
No/No
East of 7th Street,
approximately 450
feet north of the I10/Sandalwood
interchange
Proposed subdivision of approximately 9 acres into three commercial lots.
20 RV Fueling Station -
Applicant JNT
Management/ Rep:

Jack Kofdarali
Development
Plan Review
19-04
Yes/Yes
North of County
Line Road,
immediately west of
the I-10 County
Line Road
interchange
Diesel fuel canopy and quick serve drive through restaurant. 21 Wendy's - Applicant:

Armet Davis Newlove
Architects/ Rep: John
Dodson
Conditional Use
Permit 23-02
Yes/Remodel not
complete
1139 Calimesa
Blvd
Proposed reuse of the closed Citibank on Calimesa Blvd to include interior and exterior remodel. No increase in square footage is proposed.
22 The Enclaves at
Calimesa - Applicant:

West Coast
Entitlement/Rep:

Brandi Heaps-Hickman
MDPR 23-06 Yes/No Avenue L/5th
Street
Previous project - rejected by CC: Proposed construction of a 242-unit 3-4 story multi-family apartment project (subject to approval of the Overlay Zone).

New project: Proposed construction of 120 2-story attached townhomes with condominium ownership, tot lot, and small dog park.

The Mesa Verde Specific Plan
Residential and Commercial
Master Developer - Shopoff Investments Representatives: Brian Rupp and David Graves Master Entitlements: Development Agreement, Mesa Verde Specific Plan, VTTM 33931, EIR Current Status
Other Projects
Current Status
A specific plan amendment was approved in 2017. The project was recently sold to a developer who has proposed another specific plan amendment to include ~5 million square feet of industrial uses. It is anticipated that the EIR will be released for public in late 2024/early 2025. The public hearing schedule is unknown at this time.

A Preliminary Review application was submitted on 7/27/2020. The first comment letter was issued on 9/10/2020. No additional submittals have been received.

Previous Project: This application has been withdrawn due to the changes made to the Overlay Zone project (ie apartments not allowed at this location).

New project: The Planning Commission approved the 120-lot tentative tract map on 7/22/2024.

The northern two commercial lots do not currently have development applications submitted. The southern most proposed commercial lot proposes to construct a travel center to consist of a truck stop, diesel fuel station, convenience store, and passenger vehcile fuel station. The applicant team is currently working through environmental mitigation issues. The public hearing schedule is unknown at this time.

The Planning Commission held a public hearing and approved Conditional Use Permit on December 11, 2023. The project is now in construction document plan check.

This project has an approved tentative tract map and development agreement that are in effect until December 2024. Development Plan Review applications have not been submitted at this time.

The golf course ceased opporations in 2016. However, the property owners still hold various community events at the event center. The City has been approached periodically regarding potential redevelopment of the site to include commercial uses near Calimesa Blvd, perimeter development of multifamily housing units, and conservation/habitat uplift within the interior of the site, where the Garden Air Wash is located. No applications have been submitted at this time.

A PR comment letter was issued on 1/6/2022. The Notice of Preparation (NOP) was made available for public comment from 12/12/2022 to 1/10/2023. A virtual NOP scoping session was held on 1/5/2023.The project Draft EIR was out for public review from 3/22/24 to 5/6/2024. The PC recommended approval of the Project on 7/22/2024. The CC is expected to consider the project on 9/23/2024.

The diesel fuel canopy is open and operational.

23 County Line
Neighborhood Market -
Applicant: SJA Fileds
Representative: Ranjit
Singh
DPR 23-01/
CUP 23-01 Yes/No
SW Corner of W.

County Line Rd.
and California St.

New construction of a convenience store, fuel station, and drivethrough car wash 24 Crystal Windows -
Applicant: Crystal
Windows
Representative: Alex
Zhang
Preliminary
Review 23-03 No/No
NE corner of
Calimesa Blvd and
Cherry Valley Blvd
Proposal to establish a new Specific Plan (or Planned
Development Area) to accommodate industrial/business park, high density residential, and open space land uses to be located on approximately 27 acres (Windfall Farms/Pat Peters/Jan Gudgell property)
25 Heritage Oaks Specific
Plan - Applicant: Far
West Industries
Representative: Jorge
Alvarez
Specific Plan Area
3/ TTM
17351/ TTM
32704
Yes/No
Eastern terminus of
County Line Road
and Holmes Way
Subdivision of 54 acres into 45 residential lots. Equestrian specific plan to include half acre lot minimums (20,000 sf, an interior trail, and open space).
26 Sorenson Engineering -
Applicant: Sorenson
Representative:

Jeromy Rush
Minor
Development
Plan Review
22-08
Yes/Yes 1091 7th Street
Conversion of an existing commercial building into an industrial fabrication facility with tenant improvements to include expansion of an existing mezzanine, exterior remodel, new walls/fencing, landscape, and lighting, and improvements to an adjacent offsite parking lot to satisfy City parking requirements.
27 Chandler Storage Yard
Applicant: West Coast
Entitlement
Representative: Kevin
Sartin
Preliminary
Review 23-01 No/No 9360 Calimesa Blvd
The site is currently zoned Office Park. The applicant is proposing a General Plan Amendment,/Zone Change
(requesting Light Industrial), and Development Plan Review to allow commercial storage of construction equipment, materials, recreational vehciles, and boats.
28 Calimesa Veterinary
Clinic - Applicant:

L2HBuilding
Representative:

Michael P. Andrews
Development
Plan Review
23-04
Yes/No 980 Calimesa Blvd
Proposal to construct a 1,133 sq ft addition and tenant improvement to an existing veterinary clinic
29 Salon Strut - Applicant:

Ember Representative:

Camie Ferguson
Development
Plan Review 24-
01 No/No 569 W County Line
Road
Proposal to construct a 1,090 sq ft addition to an existing commercial salon building.

Staff issued a comment letter for the pre-application on March 6, 2023. Staff issued a first comment letter for the project on 8/8/2024.

The Planning Commission approved the application on 6/10/2024.

The Planning Department issued a second comment letter on 8/22/2024.

The original entitlement for this project issued in 2017 has expired. This project was re-entitled by the Planning Commission on 1/22/2024. The project is currently in construction document plan check.

Staff issued a first comment letter for the pre-application on December 6, 2023. A potential public hearing schedule is unknown at this time.

The specific plan and tract map were approved in 2007. The map has received a number of extensions. The applicant is now processing a Development Plan Review application for the architecture, site plans, landscaping, grading, etc. It is anticipated that the Planning Commission will hold a public hearing for in late 2024/early 2025.

The site improvements are complete and the business is operational

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: PUBLIC HEARING – ORDINANCE NO. 401 FOR ZONE TEXT AMENDMENT 24-01 (ZTA 24-01) - AN AMENDMENT TO
CALIMESA MUNICIPAL CODE SECTION 18.15.080.C(4) TO

INCREASE THE DISTANCE OF THE REQUIRED PUBLIC
HEARING NOTIFICATION RADIUS TO 600’ AND TO REQUIRE

THAT A NOTICE OF PUBLIC HEARING SIGN BE POSTED ON

THE PROPERTY
MEETING DATE: September 16, 2024
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council waive full reading and introduce Ordinance No. 401 by title only, an Ordinance of the City of Calimesa approving Zone Text Amendment 24-01, increasing the distance of the required public hearing notification radius to 600’ and requiring that a notice of public hearing sign be posted on the property. Staff recommends a 6’x6’ sign.

BACKGROUND/DISCUSSION:

Ordinance No. 401 for ZTA 24-01 is presented to the City Council at the request of Commissioner Brittingham.

Public Hearing Notifications
Calimesa Municipal Section (“CMC”) 18.15.080.C(4) (Hearings and Appeals) requires that public hearing notifications be provided by “..mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing…” (See Attachment A).

This means that when a public hearing for a development application is required, all property owners located within 300 feet of the project site will receive a public hearing notice. This CMC Section mirrors California Government Code Section 65091, which also specifies that public hearing notices be sent to all property owners within 300 feet. While 300’ is the minimum distance required, public agencies are able to adopt a larger distance if desired.

The CMC does not currently require that a notice of public hearing sign be posted on the project site.

Conflicts of Interest
California Fair Political Practice Commission (“FPPC”) Regulation 18702.2 governs whether a public official has a property related conflict of interest (See Attachment B). This rule generally provides that a decision is material to the official’s financial interests if it involves property 500 feet or less from the property line of the parcel (exceptions to this rule may apply if there is “clear and convincing evidence” to the contrary). For development decisions requested between 500 and 1,000 feet from a decision maker’s property, there are a number of criteria that must be considered in order to determine if a conflict of interest exists. These criteria include consideration as to whether the decision would change the parcel’s market value, development potential, income producing potential, highest and best use, or character by substantially altering traffic volume, intensity of use, parking, viewsheds, privacy, noise, or air quality. Determining whether a conflict of interest exists in relation to any given development proposal can be complicated. The City Attorney’s office (and on occasion, the FPPC), provide situation specific guidance to staff and decision makers when potential conflicts are identified.

Zone Text Amendment 24-01
Commissioner Brittingham requested that staff present a zone text amendment to align the City’s public hearing notification requirements for development applications with FPPC conflict of interest regulations. For reference, the public hearing notification requirement for neighboring cities are as follows:

City of Banning – Currently requires notification within 300 feet. However, City Council has directed staff to prepare an ordinance to amend various procedures. Among the amendments for consideration are increasing the notification radius to 600’ and posting Notice of Public Hearing signs on the project site.

City of Beaumont – Requires notification within 300 feet.

City of Redlands - Requires notification within 300 feet.

City of Yucaipa - The notification radius depends on the size of the project area. Projects of 20 acres or less are required to notify within 300 feet. Projects between 21 -160 acres require notification within 700 feet. Projects that are larger than 160 acres require notification within 1,300’.

Planning Commission Recommendations. (See PC Resolution 2024-13 provided as Attachment D).

The Planning Commission held a public hearing on June 10, 2024, to consider Zone Text Amendment 24-01. The Planning Commission discussed the requirements of neighboring cities and recommends that the City Council implement the following revisions to the municipal code:

1) Increase the notification radius to 600 feet
2) Post a Notice of Public Hearing sign on the project site. Staff recommends a 6’x6’ sign. Examples are provided as Attachment C.

Proposed Revisions to the Calimesa Municipal Code
(Deletions in Strikethrough, Additions in Bold)
Calimesa Municipal Code Section 18.15.C – Hearings and Appeals “4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 300 600 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (C)(2) of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.” “7. By posting a 6’x6’ notice of public hearing sign on the property.” “78. The planning director may require that additional notice of the hearing be given in any other manner he/she deems necessary or desirable.”
ENVIRONMENTAL: Ordinance No. 401 for Zone Text Amendment 24-01 is considered a “project” pursuant to the California Environmental Quality Act (CEQA). The project is considered exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The project only amends certain language within the Calimesa Municipal Code. Any future project will be required to undergo an environmental assessment to identify and mitigate any potential impacts. Therefore, the project of and by itself does not result in any physical changes in the environment.

ATTACHMENTS:

Attachment A: CMC Section 18.15.080 – Hearings and Appeals Attachment B: Fair Political Practice Commission Regulation 18702.2 Financial Interest in Real Property
Attachment C: Notice of Public Hearing Sign Examples
Attachment D: PC Resolution 2024-13 recommending approval of ZTA 24-01 Attachment E: Ordinance No. 401 for ZTA 24-01
Attachment F: Notice of Public Hearing for Ordinance No. 401

Chapter 18.15

ADMINISTRATIVE PROVISIONS

18.15.080 Hearings and appeals.

A. Purpose. These provisions specify procedures for hearings before the city council and planning commission, and appeals of any determination or action made by the planning director or the planning commission.

B. Application Processing. A public hearing upon an application shall be set before the appropriate body when:

1. The planning director has determined that the application complies with all applicable ordinance requirements; and

2. All procedures required by the city of Calimesa local guidelines for implementing the California Environmental Quality Act to hear a matter have been completed.

C. Notice of Hearing. Hearing notices shall be processed in a manner consistent with the provisions of California Government Code Sections 65090 and 65091.

Unless otherwise required by law, notice of time, date, and place of the hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of real property which is the subject of the hearing, shall be given at least 10 days prior to the hearing by all of the following procedures:

1. By publication once in a newspaper of general circulation within the city.

2. By mailing or delivering to the owner of the subject real property or the owner’s duly authorized agent, and to the project applicant.

3. By mailing or delivering to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (C)(2) of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may

Attachment 11A

provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.

5. By mailing to any person who has filed a written request with the planning department and has provided that department with a self-addressed stamped envelope for that purpose.

6. By posting in at least three public places within the boundaries of the city, including one public place in the area directly affected by the proceeding.

7. The planning director may require that additional notice of the hearing be given in any other manner he/she deems necessary or desirable.

D. Hearing Procedure. Hearings as provided for in this section shall be held at the date, time, and place for which notice has been given pursuant to this section. The meeting minutes shall be prepared and filed in the planning department. Any hearing may be continued; provided, that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.

E. Notice of Decision.

1. Planning Director. The planning director shall announce and record his/her respective decision in writing. The decision shall set forth applicable findings and any conditions of approval. A notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown on the application. The planning director’s decision shall not be final until issuance of the written decision.

2. Planning Commission. The planning commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the community. The commission’s decision shall be memorialized by resolution. The commission’s decision shall not be final until issuance of the resolution.

Following the hearing, a written notice of the decision of the commission and any conditions of approval shall be mailed to the applicant at the address shown on the application.

The recommendation with findings of the commission for the following applications shall be transmitted to the city council for final action:

a. Specific plans;
b. General plan amendments, text or map;
c. Zoning code amendments;
d. Development agreements;
e. Zone changes.

3. City Council. The city council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the city council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety, and welfare of the community. The city council’s decision shall be memorialized by resolution. The city council’s decision shall not be final until issuance of the resolution.

Following the hearing, a written notice of the decision of the city council and any resolution, including the conditions of approval, shall be mailed by the city clerk to the applicant at the address shown on the application.

The decision of the city council shall be final, and there shall be no further appeal within the administrative procedures of the city.

F. Effective Date of Decision. Minor adjustments, variances, conditional use permits, and all other development permits shall become effective 16 days following the final date of action (i.e., date of approval of the permit by resolution or written decision) by the appropriate review authority, except as otherwise provided by subsection (J) of this section. For decisions issued by the planning director, the director’s letter of approval of the permit shall constitute the permit. The resolution approving the minor adjustment, variance, conditional use permit or other development permit shall constitute the permit.

Zoning code amendments, specific plan adoption and amendments, and zone changes shall become effective 30 days following the final date of action (i.e., adoption) by the city council. The resolution or ordinance approving the specific plan, zone change, zoning provision, or amendment thereto, shall constitute the zoning code amendment, zone change, specific plan or specific plan amendment.

G. Appeal of Action or Determination. Any determination or action taken by the planning director may only be appealed to the planning commission. Any determination or action taken by the planning commission to approve or disapprove an application may be appealed to the city council.

1. Appeals to Planning Commission. The following decisions of the planning director may be appealed to the planning commission:
a. Any decision by the planning director on an application for a home occupation permit, minor adjustment, minor modification, or reasonable accommodation; b. Any decision by the planning director on an application for a sign permit; c. Any other action by the planning director for which an appeal is authorized by this title.

2. Appeals to City Council. Only the following actions may be appealed to the city council: All decisions of the planning commission.

3. Standing to Appeal. The applicant, or any interested person who is aggrieved by or dissatisfied with an appealable decision of the planning director or planning commission, for which an appeal is authorized by this subsection (G) may appeal from such determination or action by filing a written notice of appeal. The city manager or any member of the city council may file a written appeal of a decision of the planning commission on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In filing such appeal, the member of the city council is not taking a position in favor of or against the action or any portion thereof and is not deciding or committing to a vote in favor of or against the action or any portion thereof. All appeals shall be filed in accordance with this section.

H. Filing of Appeals. All appeals shall be submitted to the planning department in writing on forms supplied by the planning director, and shall specifically state the basis of the appeal. A written appeal of an action of the planning director or planning commission shall be filed with the planning department within 15 days following the final date of determination or action for which an appeal is made. Except where an appeal is filed by the city manager of any member of the city council, the written appeal shall be accompanied by a filing fee as set forth by resolution of the city council.

I. Notice of Appeal Hearings. Notice of an appeal hearing shall conform to the manner in which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.

J. Effective Date of Appealed Actions. An action of the planning director appealed to the planning commission shall not become final unless and until upheld by the commission. An action of the planning commission appealed to the city council shall not become final unless and until upheld by the city council.

K. Reapplication. When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months, except as otherwise specified at the time of denial. The planning director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the planning director shall be effective until a period of 15 days has elapsed following the written notice of decision.

L. Reconsideration. If more complete or additional facts or information which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the planning department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in subsection (C) of this section shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant. [Ord. 342 § 3 (Exh. A), 2016; Ord. 328 § 4 (Exh. B), 2014; Ord. 95-7 § 2; Code 1990 § 12.10.08.]

Regulations of the Fair Political Practice Commission, Title 2, Division 6, California Coda of Regulations)
§ 18702.2. Materiality Standard: Financial Interest in Real Property. (a) The reasonably foreseeable financial effect of a governmental decision on a parcel of real property in which an official has a financial interest, other than a leasehold interest, is material whenever the governmental decision:
(1) Involves the adoption of or amendment to a development plan or criteria applying to the parcel;
(2) Determines the parcel's zoning or rezoning, other than a zoning decision applicable to all properties designated in that category; annexation or de-annexation; inclusion in or exclusion from any city, county, district, or local government subdivision or other boundaries, other than elective district boundaries;
(3) Would impose, repeal, or modify any taxes, fees, or assessments that apply to the parcel;
(4) Authorizes the sale, purchase, or lease of the parcel; (5) Involves the issuance, denial or revocation of a license, permit or other land use entitlement authorizing a specific use of or improvement to the parcel or any variance that changes the permitted use of, or restrictions placed on, the property; (6) Involves construction of, or improvements to, streets, water, sewer, storm drainage or similar facilities, and the parcel will receive new or improved services that provide a benefit or detriment disproportionate to other properties receiving the services;

Attachment 11B

(7) Involves property located 500 feet or less from the property line of the parcel unless there is clear and convincing evidence that the decision will not have any measurable impact on the official's property; or
(8) Involves property located more than 500 feet but less than 1,000 feet from the property line of the parcel, and the decision would change the parcel's:
(A) Development potential;
(B) Income producing potential;
(C) Highest and best use;
(D) Character by substantially altering traffic levels, intensity of use, parking, view, privacy, noise levels, or air quality; or
(E) Market value.
(b) The financial effect of a governmental decision on a parcel of real property in which an official has a financial interest involving property 1,000 feet or more from the property line of the official's property is presumed not to be material. This presumption may be rebutted with clear and convincing evidence the governmental decision would have a substantial effect on the official's property.
(c) Leasehold Interests. The reasonably foreseeable financial effects of a governmental decision on any real property in which a governmental official has a leasehold interest as the lessee of the property is material only if the governmental decision will:
(1) Change the termination date of the lease;
(2) Increase or decrease the potential rental value of the property; (3) Change the official's actual or legally allowable use of the property; or (4) Impact the official's use and enjoyment of the property.

(d) Exceptions. The financial effect of a governmental decision on a parcel of real property in which an official has a financial interest is not material if:
(1) The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities.
(2) The decision solely concerns the adoption or amendment of a general plan and all of the following apply:
(A) The decision only identifies planning objectives or is otherwise exclusively one of policy. A decision will not qualify under this subdivision if the decision is initiated by the public official, by a person that is a financial interest to the public official, or by a person representing either the public official or a financial interest to the public official. (B) The decision requires a further decision or decisions by the public official's agency before implementing the planning or policy objectives, such as permitting, licensing, rezoning, or the approval of or change to a zoning variance, land use ordinance, or specific plan or its equivalent.
(C) The decision does not concern an identifiable parcel or parcels or development project. A decision does not “concern an identifiable parcel or parcels” solely because, in the proceeding before the agency in which the decision is made, the parcel or parcels are merely included in an area depicted on a map or diagram offered in connection with the decision, provided that the map or diagram depicts all parcels located within the agency's jurisdiction and economic interests of the official are not singled out. (D) The decision does not concern the agency's prior, concurrent, or subsequent approval of, or change to, a permit, license, zoning designation, zoning variance, land use ordinance, or specific plan or its equivalent.

(e) Definitions. The definitions below apply to this regulation:
(1) A decision “solely concerns the adoption or amendment of a general plan” when the decision, in the manner described in Sections 65301 and 65301.5, grants approval of, substitutes for, or modifies any component of, a general plan, including elements, a statement of development policies, maps, diagrams, and texts, or any other component setting forth objectives, principles, standards, and plan proposals, as described in Sections 65302 and 65303. (2) “General plan” means “general plan” as used in Sections 65300, et seq. (3) “Specific plan” or its equivalent means a plan adopted by the jurisdiction to meet the purposes described in Sections 65450, et seq.
(4) Real property in which an official has a financial interest does not include any common area as part of the official's ownership interest in a common interest development as defined in the Davis-Stirling Common Interest Development Act (Civil Code Sections 4000 et seq.)
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87100, 87102.5, 87102.6, 87102.8 and 87103, Government Code.

HISTORY

1. New section filed 7-24-85; effective thirtieth day thereafter (Register 85, No. 30).

2. Repealer of subsection (h) filed 6-22-87; operative 7-22-87 (Register 87, No. 26).

3. Amendment filed 10-17-88; operative 11-16-88 (Register 88, No. 43).

4. Change without regulatory effect amending subsection (a)(2) filed 11-27-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 48).

5. Amendment of subsections (a)(1)-(3) and (d) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

6. Repealer and new section filed 11-23-98; operative 11-23-98 pursuant to the 1974 version of Government Code section 11380.2 and title 2, California Code of Regulations, section 18312(d) and (e) (Register 98, No. 48).

7. Editorial correction of History 6 (Register 2000, No. 25).

8. Amendment of subsection (a) filed 10-26-2004; operative 11-25-2004 (Register 2004, No. 44).

9. Change without regulatory effect renumbering former section 18702.2 to section 18704.2 and renumbering section 18705.2 to section 18702.2, including amendment of section heading and subsections (a)(5) and (a)(11), filed 4-27-2015. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2015, No. 18).

10. Amendment of subsection (a)(8) filed 7-10-2015; operative 7-10-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924,

California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2015, No. 28).

11. Amendment filed 2-20-2019; operative 2-20-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2019, No. 8).

This database is current through 6/14/19 Register 2019, No. 24 2 CCR § 18702.2, 2 CA ADC § 18702.2

Attachment 11C

Attachment 11D

Exhibit A
Revisions to the Calimesa Municipal Code
(Deletions in Strikethrough, Additions in Bold)
Calimesa Municipal Code Section 18.15.C – Hearings and Appeals “4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 300 600 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (C)(2) of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.”
“7. By posting a 6’x6’ notice of public hearing sign on the property.” “78. The planning director may require that additional notice of the hearing be given in any other manner he/she deems necessary or desirable.”

ORDINANCE NO. 401

AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING ZONE TEXT AMENDMENT 24-01, AMENDING CALIMESA MUNICIPAL CODE SECTION 18.15.080.C TO INCREASE THE REQUIRED PUBLIC HEARING NOTIFICATION RADIUS TO 600 FEET, TO REQUIRE POSTING OF A 6’X6’ NOTICE OF PUBLIC HEARING SIGN ON THE PROPERTY, AND FINDING THAT ZONE TEXT AMENDMENT 24-01 IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
THE CITY COUNCIL OF THE CITY OF CALIMESA ORDAINS AS FOLLOWS:

Section 1. The Calimesa City Council hereby amends Subsection 4 of Calimesa Municipal Code Section 18.15.C – Hearings and Appeals to read as follows:
“4. By mailing or delivering to all owners of real property as shown on the latest equalized assessment roll within 600 feet of the real property that is the subject of the hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection or subsection (C)(2) of this section is greater than 1,000, a local agency, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city.”
Section 2. The City Council hereby amends Calimesa Municipal Code Section

18.15.C – Hearings and Appeals by adding Subsection 7 to read as follows:
“7. By posting a 6’x6’ notice of public hearing sign on the property.” Section 3. Subsection 7 of Calimesa Municipal Code Section 18.15.C – Hearings and Appeals is hereby re-numbered as Subsection 8.

Section 4. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council hereby finds that Zone Text Amendment is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The project only amends language within the Calimesa Municipal Code.

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 AND PASSED UPON FIRST READING by title only, upon the following vote, this 16th day of September 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment 11E

PASSED, APPROVED and ADOPTED upon the following roll call vote, this __ th day of
____ 2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

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

Publish Date: September 6, 2024
Darlene Gerdes, City Clerk

CITY OF CALIMESA

NOTICE OF PUBLIC HEARING
PUBLIC NOTICE IS HEREBY GIVEN that on September 16, 2024 at 6:00 p.m. in the Norton Younglove Senior Center, 908 Park Avenue, Calimesa, California, the City Council of the City of Calimesa will hold a meeting (in person) to consider proposed changes to Chapter 18 of the Calimesa Municipal Code (Zoning, Land Use and Development Regulations – Administrative Provisions), as follows:

ORDINANCE NO. 401 FOR ZONE TEXT AMENDMENT 24-01 (“ZTA 24-01”)

A PROPOSED AMENDMENT TO CALIMESA MUNICIPAL CODE SECTION

18.15.080.C(4). THE SECTION CURRENTLY REQUIRES THAT A NOTICE OF

PUBLIC HEARING BE MAILED OR DELIVERED TO ALL OWNERS OF REAL PROPERTY WITHIN 300 FEET OF THE REAL PROPERTY THAT IS THE SUBJECT OF THE HEARING. ORDINANCE NO. 401 FOR ZTA 24-01

PROPOSES TO INCREASE THE DISTANCE OF THE NOTIFICATION RADIUS TO 600’ AND TO REQUIRE THAT A 6’x6’ NOTICE OF PUBLIC HEARING SIGN

BE POSTED ON THE PROPERTY
NOTICE IS FURTHER GIVEN that the public may provide comments as follows: 1) Submit written comments to City Hall at the above address, 2) Email comments to the City Clerk at [email protected], or 3) Attend the meeting in person and speak thereon. Please note, mailed and/or emailed comments must be submitted by 5:30 p.m. on Monday, September 16, 2024.

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

Attachment 11F

Publish Date: September 6, 2024
Darlene Gerdes, City Clerk

CITY OF CALIMESA LAND USE AND ZONING MAP
Please note: If approved, ZTA 24-01 would apply Citywide.

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: SIXTH AMENDMENT TO AGREEMENT FOR SENIOR SERVICES

WITH FAMILY SERVICES ASSOCIATION
MEETING DATE: September 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Will Kolbow, City Manager
RECOMMENDATION: That the City Council:

1. Approve the Sixth Amendment to the Agreement Between the City of Calimesa and Family Services Association to Provide Senior Services at the Norton Younglove Multipurpose Senior Center.

2. Approve Resolution 2024-52, a Resolution of the City Council of the City of Calimesa BACKGROUND: Since 2006 the City has contracted with Family Services Association (FSA) to provide nutrition services to the Senior Community of Calimesa. Congregate lunch meals were served daily at the center until the COVID-19 pandemic. Attendance for the meals fluctuated from year to year, however just prior to COVID the numbers participating in the congregate meals were very low. As a result of the COVID-19 virus and consistent with State and County recommended guidelines, City Offices were closed to the public with services being provided by appointment only or through virtual and electronic means. With the exception of the Senior Meal Program, the Monthly Newsletter, other outreach efforts and administrative duties, the programming at Norton Younglove Senior Center (Senior Center) was also suspended.

The Senior Meal Program, previously a daily lunch program, was quickly transformed into a weekly senior meal distribution program. Under this program, meal packages consisting of five (5) frozen meals, which are nutritionally balanced for senior citizens, half-gallon of milk, bread, and fruit are distributed to individuals aged 60 and above, with no residency restrictions.

On March 18, 2020, FSA had approximately 70 participants. That number grew to approximately 150 participants per week. The need to continue the program at current levels was supported by the phenomenal growth in the program over those 6 months. At that time the program was serving individuals residing in Calimesa, Yucaipa, Redlands, Cherry Valley, Beaumont and Banning.

On September 30, 2020, the City received a letter from FSA stating that State and Federal funding for the program was winding down and, as a result, the program would be cut by 15% for the balance of the 2020-21 Fiscal Year. This meant that the maximum number of seniors serviced per week

would drop from 150 to 128. At that time, City Staff spoke with FSA in order to fully understand the funding shortfall. In short, to sponsor a senior for one week was $25 which translated to a funding shortfall of approximately $550 per week, or $19,250 for the balance of the 2020-21 Fiscal Year (October 14, 2020 to June 30, 2021). At that time, staff recommended that the City allocate the needed funding to support the program at current levels with the use of CARES Act funding. The State of California authorized CARES Act allocations from the Coronavirus Relief Fund to California cities of which the City of Calimesa received $115,186. The CARES Act provided that payments from the Coronavirus Relief Fund should only be used to cover expenses that (i) are necessary expenditures incurred due to the public health emergency with respect to COVID–19; (ii) were not accounted for in the budget most recently approved by the City as of March 27, 2020 (the date of enactment of the CARES Act); and (iii) were incurred during the period that began on March 1, 2020, and ended on December 30, 2020.

At that time staff recommended that $19,250 of the City’s CARES Act Funding be allocated toward the Senior Meal Program as there were excess funds available and the City had already qualified for its full CARES Act allocation. FSA would then bill the City based upon actual meals provided in excess of 128 per week. However, for unknown reasons, FSA never invoiced the City for the costs of the meals provided in excess of 128 per week. We continue to provide the meals under this same meal distribution program, and we are currently up to 230 per week.

In November 2023, staff provided an update to the City Council regarding the status of the meal program. In that report, staff informed the City Council that effective July 1, 2023, the State of California and the Department on Aging required that all “grab-and-go” type meal programs cease, and congregate meals resume. The additional funding provided during the pandemic is no longer available to fund these programs. FSA, who provides the meals for the Calimesa Sr. Center in collaboration with the Riverside County Office on Aging, informed the City that the grab-and-go meal program would cease, and congregate meals would resume no later than January 1, 2024. The City Council remained committed to the grab-and-go program, and City staff informed both FSA and the County of the City’s desire to continue with the grab-and-go program as long as possible. The grab-and-go program has continued to the present time with no additional requests for funding.

DISCUSSION: After receiving City Council direction and researching the underlying legislation authorizing federally funded senior meal programs, the City Manager reached out to the City’s federal and state legislative representatives for assistance. In February, Assemblymember Greg Wallis’s staff contacted the City Manager to collaborate on legislation to add grab-and-go meals as an additional option under the existing senior nutrition program. This effort led to the authoring of Assembly Bill 2410 (AB 2410).

In April, the City Manager and Assemblymember Wallis spoke in favor of AB 2410 in front of the Assembly Committee on Aging and Long-Term Care, where the bill received unanimous support.

The Assembly Appropriations Committee also unanimously supported the bill, and the full Assembly voted 73-0 to approve the bill. The Senate Human Services Committee, which Senator Rosilicie Ochoa Bogh is a member of, unanimously supported the bill. However, the bill was held in the Senate Appropriations Suspense File, effectively killing the bill.

While AB 2410 was not successful, it has brought the importance of the grab-and-go meal program to the attention of the California legislature and the California Department of Aging. Staff will continue to work with Assemblymember Wallis and the Riverside County Office on Aging to ensure that grab-and-go meal programs remain an option going forward.

Budgetary Shortfall
More recently, FSA contacted the staff to inform us that funding for senior meal programs had been cut by approximately 25% by the State. As a result, FSA was once again asking the City to revert back to congregate meals, as there was insufficient funding to support the City’s successful program. FSA has budgeted for 630 in-person meals per month, which assumes approximately 30 people per day. As stated in our previous report to the City Council, staff anticipates that a congregate meal program would likely only draw 10-15 people per day, as the City of Yucaipa, who also contracts with FSA, has a successful in-person meal program, making Calimesa’s in-person meals potentially redundant. The grab-and-go program, with 230 people enrolled, is averaging about 160 people served per week, with each person getting five meals. This comes to a total of about 3,200 meals served per month.

Staff asked FSA to provide a budget for the City to make up the difference. Assuming the 630 meals that FSA is already budgeting for, the shortfall is approximately 2,570 meals. At $5 per meal, the shortfall in funding is $12,850 per month. Absent an agreement with the City to subsidize the grab-and-go program, FSA has stated they will discontinue the grab-and-go program and revert back to the congregate meal program beginning September 30, 2024.

Therefore, staff is recommending that the City Council approve the Sixth Amendment to the Agreement with FSA, which will provide funding in an amount not-to-exceed $40,000. This funding will provide sufficient financial resources to sustain the grab-and-go meal program through December 31, 2024, allowing the City and FSA to explore additional funding options and cost-saving measures to support the program through the end of the 2024-25 fiscal year. Staff intends to return to the City Council in the next couple of months with an update on the program and related funding.

FISCAL IMACT: With the adoption of Resolution 2024-52, there is sufficient funding in the General Fund for the cost differential in the Senior Meal Program through December 2024. The City has not committed funds beyond this time; therefore, this is considered a one-time expenditure.

ATTACHMENTS:

Attachment A: Sixth Amendment to Agreement Senior Services Agreement Attachment B: Proposal from FSA for Calimesa Support of Grab-and-Go Meal Program (informational only)
Attachment C: Resolution 2024-52

SIXTH AMENDMENT TO AGREEMENT BETWEEN THE

CITY OF CALIMESA AND FAMILY SERVICE

ASSOCIATION TO PROVIDE SENIOR SERVICES AT THE

NORTON YOUNGLOVE MULTIPURPOSE SENIOR
CENTER
This Sixth Amendment (herein “Sixth Amendment”) is entered into this 16 th day of
September 2024 and is an amendment to that certain Agreement (herein “Agreement”) that was made and entered into on July 1, 2008 by and between the City of Calimesa, a California municipal corporation (herein “City”) and Family Service Association of Western Riverside County, a California non-profit corporation (herein “FSA”) to provide senior programs and services for the City at the Norton Younglove Multipurpose Senior Center (herein “Senior Center”). Collectively, the City and FSA may be referred to as “Parties” or sometimes individually as “Party.”

R E C I T A L S
WHEREAS, City owns and operates the Senior Center;
WHEREAS, FSA is a California non-profit corporation with operations in the County of Riverside, California including, but not limited to, the City of Calimesa, California, exempt under Section 501(c)(3) of the Internal Revenue Code and organized and operated to provide social services to families and population segments with special needs, including but not limited to, services for senior citizens;
WHEREAS, FSA is experienced in planning and developing programs for seniors and related resources at senior service centers and, for its own account, provides senior service programs at multiple locations through its service area; WHEREAS, FSA currently leases a portion of the Senior Center from the City, pursuant to a lease dated September 18, 2006, and under which FSA provides a senior nutrition program at the Senior Center;
WHEREAS, on September 4, 2007, City and FSA entered into an agreement by which FSA would provide Interim Center Manager Services for the City at the Senior Center (the “Interim Center Manager Agreement”);
WHEREAS, on July 1, 2008, the City and FSA entered into a new Agreement to retain FSA for a three-year term, terminable upon 30-days advance notice, by which FSA provides City services to facilitate coordinated, responsive and expanded services to seniors available at and through the Senior Center in compliance with applicable law, as described herein; WHEREAS, on December 20, 2010, the City and FSA approved a First Amendment to the Agreement providing for changes in: (i) hours of operation of the Senior Center; (ii) use or rental by third parties; (iii) recipient of revenues from rentals; and (iv) compensation to FSA; WHEREAS, on June 20, 2011, the City and FSA approved a Second Amendment to the Agreement extending the term of the Agreement for five (5) years ending June 30, 2016 and deleting obsolete references to certain personnel;
WHEREAS, on June 20, 2016, the City and FSA approved a Third Amendment to the Agreement extending the term of the Agreement for ninety (90) days ending September 30, 2016 and deleting obsolete references to certain personnel;

Attachment 12A

WHEREAS, on September 6, 2016, the City and FSA approved a Fourth Amendment to the Agreement to extend the term of the Agreement for an additional five (5) years commencing October 1, 2016 and ending September 30, 2021 and to provide for changes in Subsection 4.4 (Duties and Designation of Center Manager) and Subsection 6.1 (Records and Reports.); and WHEREAS, on October 19, 2020, the City and FSA approved a Fifth Amendment to the Agreement to provide for changes in Subsection 2.1.a (Compensation and Expenses, Contract Rate and Expenses); and
WHEREAS, State budget cuts to the Senior Meal Program has created a shortfall in funding to continue the Program at its current levels and format, that being a grab-and-go meal program; and
WHEREAS, the City desires to continue the successful grab-and-go meal program; and WHEREAS, the City is willing to pay for the difference between available funding from the State of California, through the Riverside County Office on Aging, and the funding needed to sustain the program at its current levels for the next three months while the Parties continue to identify funding sources; and
WHEREAS, the Parties now desire to amend the Agreement to provide for changes in Subsection 2.1 (Compensation and Expenses) to account for a funding shortfall in the Senior Meal Program.

NOW, THEREFORE, the Parties agree as follows:

Section 1. Subsection 2.1.b ( of Section 2 - Compensation and Expenses) (Contract Rate and Expenses) is hereby added to read as follows:

2.1.b. Effective for the period October 1, 2024 through December 31, 2024, the compensation under this Agreement shall be increased on a monthly basis in support of the Senior Meal Program in an amount not to exceed $40,000.

IN WITNESS WHEREOF, the City and FSA have executed this Sixth Amendment to the Agreement the day and year first above written above. “City”
THE CITY OF CALIMESA, a
municipal Corporation of the State of
California
By:

William Davis, Mayor
Date:
“FSA”
Family Service Association of Western Riverside
County, a California non-profit corporation
By:

FSA President/CEO
Date:

ATTEST:

By:_____________________________
Darlene Gerdes, City Clerk

Attachment 12B

RESOLUTION 2024-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, AMENDING THE FY 2024-25 BUDGET

TO INCLUDE AN ADJUSTMENT IN THE COMMUNITY SERVICES

COMMUNITY PARTNERSHIPS ACCOUNT IN THE GENERAL
FUND
WHEREAS, Family Services Association (“FSA”) provides various senior services for the City of Calimesa under an Agreement to provide said services; and WHEREAS, among other services, FSA provides a Senior Meal Program that is funded by the State of California via the Riverside County Office on Aging; and WHEREAS, FSA informed the City that due to funding cuts by the State, FSA could no longer sustain the service levels of the successful grab-and-go senior meal program; and
WHEREAS, the City desires to continue the grab-and-go senior meal program at its current levels; and
WHEREAS, the City and FSA entered into a Sixth Amendment to their Agreement for Senior Services to bill the City for the difference in funding from the State and the cost of the program for the period of October through December 2024.

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

The Fiscal Year 2024-25 General Fund Budget is hereby amended as follows:
• Increase appropriations in account 01-4900-7230 by $40,000.

PASSED, APPROVED, and ADOPTED this 16
th day of September 2024.
_____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK

Attachment 12C

City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: ADOPTION OF AMENDED FINANICAL RESERVE POLICY
EFFECTIVE JULY 1, 2025
MEETING DATE: September 16, 2024
PREPARED BY: Will Kolbow, City Manager
Celeste Reid, Finance Director and Treasurer
RECOMMENDATION: That the City Council adopt Resolution No. 2024-53 a Resolution of the City Council of the City of Calimesa, California adopting an Amended Financial Reserve Policy Effective July 1, 2025.

BACKGROUND: The City’s current financial reserve policy was adopted in October 2019.

The City Council approved the financial reserve policy to provide guidance and structure on the City’s financial operations. The financial reserve policy was established to maintain a General Fund reserve equivalent to 30% of the General Fund operating budget and an equipment replacement reserve based on annual depreciation with a maximum to accumulate of 5% of the General Fund operating budget. The policy also indicated City Council may approve appropriations from the reserve as the need was brought forward from staff. Staff respectfully requests the City Council’s consideration of an update to the financial reserve policy as there have been significant financial changes for the City of Calimesa over the past five years.

DISCUSSION: The City of Calimesa has followed standard financial best practices, and the City’s reserves have grown considerably. By way of measurement, as of June 30, 2019, the City’s General Fund balance was $4 million and as of June 30, 2023, the City’s General Fund balance was $9.8 million. This is a direct result of prudent financial decisions, City growth, and the reserve policy established in October 2019.

The proposed financial reserve policy for City Council’s consideration expands on prudent financial practices and provides for a more specified approach to commitment and assignment of Fund Balance. The proposed financial reserve policy is summarized below:

General Fund Contingency Reserve
Retains the minimum reserve level to 30% of annual General Fund operating expenditures until the reserve is $5,000,000. After the minimum reserve level of $5,000,000 is established, at the City Council’s discretion, they may adopt a future committed fund balance level ranging from 20%-35%. It is noted the City’s current annual operating budget is approximately $10 million and would be $16.6 million before the 20%-35% policy may be established.

Equipment and Vehicle Replacement Reserve
Retains the minimum reserve level of 5% of General Fund operating expenditures until the minimum reserve is $500,000. After this balance is supported, the City Council has the discretion to adopt a future committed fund balance level ranging from 0%-5%. It is noted that the City’s current annual operating budget is approximately $10 million, and the $500,000 minimum is established. The City Council would have the option to increase the reserve up to 5% of General Fund operating expenditures, an additional $500,000 for a total $1,000,000. Additionally, staff is working on a replacement schedule, including estimates of the useful life of each piece of equipment based on actual use. This will help fine tune the need to replenish and use the reserve over time.

Compensated Absence Reserve
This is a new category of reserve recommendation to establish a minimum of 50% of compensated absences required to be paid upon staff separations. After this balance is supported, the City Council has the discretion to adopt a future assigned fund balance level ranging from 50-100% of compensated absence balances. The minimum reserve of 50% compensated absences would be approximately $97,000 based on June 30, 2023 compensated absences.

Capital Project Fund
This is a new category of reserve recommendation to establish a minimum reserve level of a projected average of 5 years of Capital Projects funded from the General Fund Capital Improvement Plan. The minimum reserve would be approximately $46,000 based on the FY24-25 Capital Improvement Plan.

Information Technology Fund
This is a new category of reserve recommendation to establish a minimum reserve level of a projected average of 5 years of Information Technology Capital Improvement Plan. The minimum reserve would be approximately $116,000 based on the FY2024-25 Capital Improvement Plan.

City Council Discretionary Reserve and Use of Net Surplus This is a new category of reserve recommendation after other reserve balances have been committed and assigned. This is at the City Council’s discretion to apply additional assignments of available resources. The available resources will be based on net change in fund balance of a surplus, from the audited financial statements for the General Fund in the statement of Revenues, Expenditures and changes in Fund Balance with adjustments for unrealized gain or loss investment activity. The City Council may on an Ad Hoc basis, make determinations for further assignment of resources. Suggested categorical assignment of resources may include but is not limited to the following:
o General Fund Reserves
o Park and Trails Reserve
o Capital Projects Fund
o Equipment and Vehicle Replacement Fund
o Information Technology Fund

FISCAL IMPACT: The table below details the potential impact of the new reserve policy from with a comparison to the current policy as established in October 2019 based on the Fiscal Year 2024-25 General Fund original budgeted operating expenditures of $10,024,000.

ATTACHMENTS:

Attachment A: Financial Reserve Policy September 2024 – Proposed Attachment B: Financial Reserve Policy October 2019
Attachment C: Resolution 2024-53 Adoption of Amended Financial Reserve Policy Effective July 1, 2025
Current Policy
General Fund Contingency - 30% $ 3,007,000
Equipment Replacement - 5% 501,000
Total Reserved Funds $ 3,508,000
Proposed Policy
General Fund Contingency - 30% $ 3,007,000
Equipment & Vehicle Replacement - 5% up to $500,000 500,000 Compensated Absences - 50% of Compensated Absences 97,000 Capital Projects - 5 Year average CIP 46,000
Information Technology Fund - 5 Year average CIP 116,000 City Council Discretionary Reserve _ Parks & Trails 75,000 Total Reserved Funds $ 3,841,000
Additional Reserves based on new policy $ 333,000

FINANCIAL RESERVE POLICY
Purpose
The purpose of this policy is to establish adequate reserves for the City to continue to meet its financial obligations in the event of economic uncertainty, catastrophes, other unforeseen circumstances and provide for anticipated and strategic longterm financial plans and commitments. This policy will be reviewed annually during the preparation of the City’s budget and recommendations will be presented to the City Council for consideration with the adoption of the budget.

Background
It is essential for governments to maintain adequate levels of fund balance to mitigate current and future risks (e.g. revenue shortfalls and unanticipated expenditures) and to support long-term financial plans. This policy establishes the reserve levels for various City funds to meet the City Council priorities and strategic long-term financial plans. The policy provides for reserve funding for the General Fund Contingency Reserve, Equipment and Vehicle Replacement, Compensated Absences, Capital Projects, and Information Technology Replacement Fund.

For the General Fund, fund balances are unrestricted and available for use at the discretion of the City Council, unless the fund balances have been designated as non-spendable or restricted. Under GASB Statement 54 - Fund Balance Reporting and Governmental Fund Type Definitions, unrestricted fund balances may be categorized as committed, assigned and unassigned.

To be categorized as Committed, amounts can be used only for the specific purposes determined by the highest level of decision-making authority (i.e. the City Council). The City Council has the authority to establish a fund balance commitment, through the action of a resolution or an ordinance, and must use the same action to modify or rescind that commitment.

To be categorized as Assigned, amounts are identified and constrained by the City’s intended use of the resources but are neither restricted nor committed. Such intent needs to be established at the highest level of decision making or by an official designated for that purpose. The City Council has the authority to assign amounts to be used for specific purposes. All special revenue funds, will be classified as assigned, unless they qualify as restricted or committed.

To be categorized as Unassigned, amounts represent that portion of fund balance that includes amounts that are not contained in any other fund balance categories.

General Fund
The City Council may Commit or Assign unrestricted fund balances in the General Fund for two primary purposes: (1) to ensure the continued orderly operation of City government, while maintaining the stability of tax and fee structures in the event of unforeseen occurrences or emergencies outside of the City’s control; and (2) to allow for the setting aside of funds for particular purposes that will be spent in future years. All reserves that require ratio funding will be calculated in the following order General Fund Contingency Reserve, Equipment and Vehicle

Attachment 13A

Replacement Reserve, Compensated Absence Reserve, Capital Project Fund and Information Technology Fund.

General Fund Contingency Reserve
Definition & Purpose: To address unforeseen occurrences or emergencies.

Unforeseen occurrences or emergencies may include uncertainties related to local economic downturns, State and/or Federal actions affecting local revenues, uninsured losses, errors in actuarial liability estimates, manage adequate cash flow and other financial risks outside the control of the City. The City Council commits these balances for Contingencies in the financial records and on the annual audited financial statements.

Fund Balance Classification: Committed
Minimum Reserve Level: 30% of annual General Fund operating expenditures until the minimum reserve level is $5,000,000. General Fund operating expenditures will be $16.6 million for 30% to equate to $5,000,000. After the minimum reserve level of $5,000,000 is met, the City Council has the discretion to adopt a future committed fund balance level ranging from 20-35%.

Required Action for Use: The City Council appropriates funds from the fund balance in conjunction with the adoption of the annual budget. At other times, fund balance may be appropriated by City Council under existing policies.

Re-establishing minimum balance: If the balance falls below 30% of annual General Fund operating expenditures before obtaining a $5,000,000 reserve, the City Manager shall be required to formulate a plan to restore the balance to the minimum reserve level of 30% of annual General Fund operating expenditures within a two-year period.

Equipment and Vehicle Replacement Reserve
Definition & Purpose: To provide reserved and committed funding for replacement of major equipment, vehicles and trailers. The primary source of equipment and vehicle replacements are typically funded from the General Fund.

Fund Balance Classification: Committed
Minimum Reserve Level: 5% of annual General Fund operating expenditures until the minimum reserve level is $500,000. After this balance is supported, the City Council has the discretion to adopt a future committed fund balance level ranging from 0-5%.

Required Action for Use: The City Council appropriates funds from the fund balance in conjunction with the adoption of the annual budget. At other times, fund balance may be appropriated by City Council under existing policies.

Re-establishing minimum balance: If the balance falls below 5% of annual General Fund operating expenditures before obtaining a $500,000 reserve, the City Manager shall be required to formulate a plan to restore the balance to the minimum reserve level of 5% of annual General Fund operating expenditures within a two-year period.

Compensated Absences Reserve
Definition & Purpose: To provide assigned funding for compensated absences and provide for legally committed distributions and payouts for staff separations.

Fund Balance Classification: Assigned
Minimum Reserve Level: 50% of projected compensated absence balances required upon staff separations. After this balance is supported, the City Council has the discretion to adopt a future assigned fund balance level ranging from 50- 100% of compensated absence balances.

Required Action for Use: The City Council appropriates funds from the fund balance in conjunction with the adoption of the annual budget. At other times, fund balance may be appropriated by City Council under existing policies.

Re-establishing minimum balance: As directed by the City Council during the budget process.

Capital Projects Fund
Definition & Purpose: This fund is maintained as a separate fund for budgetary and financial reporting purposes for capital projects that are funded by the General Fund. The primary funding source for the Capital Projects Fund is transfers from the General Fund. The City Council assigns this fund balance as Capital Improvements in the financial records and on the annual audited financial statements.

Fund Balance Classification: Assigned
Minimum Reserve Level: A projected average of 5 years of Capital Projects funded from the General Fund in the Capital Improvement Plan. This will be calculated on an annual basis as part of the budget preparation and adoption.

Required Action for Use: The City Council appropriates funds from the fund balance in conjunction with the adoption of the annual budget. At other times, fund balance may be appropriated by City Council under existing policies.

Re-establishing minimum balance: As directed by the City Council during the budget process.

Information Technology Replacement Fund
Definition & Purpose: To provide a source of funding for the acquisition and replacement of the City’s information technology infrastructure and related equipment.

Fund Balance Classification: Assigned
Minimum Reserve Level: A projected average of 5 years of Information Technology Capital Improvement Plan. This will be calculated on an annual basis as part of the budget preparation and adoption.

Required Action for Use: The City Council appropriates funds from the fund balance in conjunction with the adoption of the annual budget. At other times, fund balance may be appropriated by City Council under existing policies.

Re-establishing minimum balance: As directed by the City Council during the budget process.

City Council Discretionary Reserve and Use of Net Surplus Definition & Purpose: After other reserve balances have been committed and assigned, it is at the City Council’s discretion to apply additional assignments of available resources. The available resources will be based on net change in fund balance of a surplus, from the audited financial statements for the General Fund in the statement of Revenues, Expenditures and changes in Fund Balance with adjustments for unrealized gain or loss investment activity. The City Council may on an Ad Hoc basis, make determinations for further assignment of resources.

Suggested categorical assignment of resources may include but is not limited to the following:

General Fund Reserves
Park and Trails Reserve
Capital Projects Fund
Equipment and Vehicle Replacement Fund
Information Technology Fund
Fund Balance Classification: Assigned
Minimum Reserve Level: The minimum level of fund assignment is $0.00 Required Action for Use: The City Council appropriates funds from the fund balance in conjunction with the adoption of the annual budget. At other times, fund balance may be appropriated by City Council under existing policies.

Re-establishing minimum balance: As directed by the City Council during the budget process.

Attachment 13B

RESOLUTION NO. 2024-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, ADOPTION OF AMENDED
FINANCIAL RESERVE POLICY EFFECTIVE JULY 1, 2024
WHEREAS, the City Council adopted a financial policy in 2010 and October 7, 2019; and
WHEREAS, the City Manager has recommended an updated financial reserve policy for City Council consideration and action; and
WHEREAS, adoption, and periodic review and revision, of financial policies is a key step to ensuring ongoing fiscal stability.

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

Section 1. That the Amended Financial Reserve Policy effective July 1, 2025 attached as “Exhibit A” is hereby adopted.

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

PASSED, APPROVED and ADOPTED this 16th day of September 2024. ____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________

DARLENE GERDES, CITY CLERK

Attachment 13C