Calimesa City Council
October 7, 2024

Regular Meeting of the Calimesa City Council
Monday, October 7, 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, INTERIM

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

PLEDGE OF ALLEGIANCE

PRESENTATIONS
Community Project Funding – Representative Ken Calvert

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, October 7, 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, October 7, 2024

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

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

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of September 16, 2024 regular meeting b) City Council action minutes of September 23, 2024 adjourned regular meeting

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of September 3, 2024 regular meeting. b) Trails, Open Space & Comm Services Comm. action minutes of August 7, 2024 regular meeting

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $471,378.72 (Check Nos. 42504 to 42597). b) September 12, 2024 Payroll of $135,337.92.

September 26. 2024 Payroll of $153,659.11
October 1, 2024 Council Payroll of $1,670.25

4. 2ND READING OF 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).

RECOMMENDATION: That the City Council conduct 2nd reading by title only and adopt 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).

5. TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2024 RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended August 31, 2024.

6. BIENNIAL REVIEW AND UPDATE OF THE CITY’S CONFLICT-OF-INTEREST CODE.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-54 A Resolution of the City Council of the City of Calimesa, California, adopting an amended Conflict-of-Interest Code for the City and rescinding Resolution No. 2022-54

Regular Meeting of the Calimesa City Council
Monday, October 7, 2024

7. NOTICE OF COMPLETION FOR CONSTRUCTION OF CONTRACT FOR CITYWIDE PAVEMENT REHABILITATION PROJECT, PROJECT NO. CIP 22-10 FOR HARDY & HARPER, INC.

RECOMMENDATION: That the City Council accept the Citywide Pavement Rehabilitation Project, Project No. CIP 22-10 as complete, authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the County Recorder’s Office and, if no claims are filed as of 35 days after recordation, release the 5% retention payment in the amount of $108,779.06 to Hardy & Harper, Inc.

8. SUMMERWIND PARK MAINTENANCE.

RECOMMENDATION: That the City Council:
a) Accept Summerwind Park into maintenance CFD 2018-1 Summerwind; and b) Authorize Artistic Landscape Maintenance, Inc to continue the landscape maintenance up to one year until formal bidding procedures can be completed.. 9 APPROVE SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY DEPARTMENT OF

HOUSING AND WORKFORCE SOLUTIONS (HWS) FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT NO. 5.CM.05-24, CALIMESA LIBRARY ADA IMPROVEMENT PROJECT, PROJECT NO 2023-09.

RECOMMENDATION: That the City Council approve the Supplemental Agreement with Riverside County Department of Housing and Workforce Solutions (HWS) for Community Development Block Grant (CDBG) Project No. 5.CM.05-24 for the amount of $27,283 for the construction of the Calimesa Library ADA Improvement Project, Project No. 2023-09.

SHERIFF CAPTAIN REPORT

FIRE CHIEF REPORT

BUSINESS ITEMS

10. CONSIDERATION OF ADOPTION OF TWO RESOLUTIONS RESCINDING RESOLUTIONS OF NECESSITY ADOPTED IN DECEMBER 2023 FOR THE ACQUISITION BY EMINENT

DOMAIN OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC PURPOSES IN CONNECTION WITH THE COUNTY LINE ROAD TRANSPORTATION CORRIDOR PROJECT.

RECOMMENDATION: That the City Council:

1. Consider the following Resolutions, which are Resolutions Rescinding two Resolutions of Necessity adopted by the City Council in December 2023 Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s County Line Road Transportation Corridor Project:

RESOLUTION 2024-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA RESCINDING RESOLUTION 2023-75, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND

AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE COUNTY LINE ROAD TRANSPORTATION CORRIDOR PROJECT (PERMANENT ROAD EASEMENT ON APN 410-030-041).

RESOLUTION 2024-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA RESCINDING RESOLUTION 2023-76, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND

AUTHORIZING THE ACQUISITION THEREOF IN CONNECTION WITH THE COUNTY LINE ROAD TRANSPORTATION CORRIDOR PROJECT (RECIPROCAL ACCESS EASEMENT ON APNS 410-030-049 TO - 052).

2. Direct the City Clerk to certify adoption of the attached Resolutions.

Regular Meeting of the Calimesa City Council
Monday, October 7, 2024

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

CITY MANAGER COMMENTS & REPORTS

ADJOURNMENT
Adjourn to the Regular Meeting of the City Council on Monday, October 21, 2024 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: October 7, 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 September 16, 2024 and the Adjourned Regular City Council meeting of September 23, 2024.

ATTACHMENTS:

Attachment A: City Council action minutes of September 16, 2024 regular meeting.

Attachment B: City Council action minutes of September 23, 2024 Adjourned Regular Meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: October 7, 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 September 3, 2024 and the Trails, Open Space and Community Services Commission meeting of August 7, 2024.

ATTACHMENTS:

Attachment A: Library Commission action minutes of September 3, 2024 Attachment B: Parks, Trails & Community Services action minutes of August 7, 2024

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: October 7, 2024
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $471,378.72 (Check Nos.42504-42597) b) September 12, 2024 Payroll of $135,337.92
September 26, 2024 Payroll of $153,659.11
October 1, 2024 Council Payroll of $1,670.25

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: 2
ND READING OF 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.

MEETING DATE: October 7, 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. 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.

ATTACHMENTS:

Attachment A: Ordinance No. 401

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: Cervantez, Hewitt and Manly
NOES:

ABSENT: Davis and Molina
ABSTAIN:

Attachment 4A
PASSED, APPROVED and ADOPTED upon the following vote, this 7 th day of October
2024.

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

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

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2024
MEETING DATE: October 7, 2024
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended August 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 transfer on August 12, 2024 from the General Fund checking account for the amount of $1,500,000 to the LAIF Investment account.

FISCAL IMPACT: Revenue of $9,911 interest and dividend earnings was recognized for the CFD and Successor Agency funds.

ATTACHMENTS:

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

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: BIENNIAL REVIEW AND UPDATE OF THE CITY’S CONFLICT-OFINTEREST CODE MEETING DATE: October 7, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2024-54 A Resolution of the City Council of the City of Calimesa, California, adopting an amended Conflict-of-Interest Code for the City and rescinding Resolution No. 2022-54.

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 four 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. The Biennial Notices were brought before you at your September 16, 2024 Council meeting and were approved by a majority vote of the Council. The City Council are then to complete the update process by December 31st of each even-numbered year.

By the attached Resolution No. 2024-54, the City is rescinding the City’s 2022 Conflict-of-Interest Code and adopting a new updated Conflict-of-Interest Code containing designated positions and disclosure categories for all applicable departments of the City.

The Fair Political Practices Commission has adopted a standard model Conflict-of-Interest Code.

The standard model code is codified at California Code of Regulations Section 18730 and can be incorporated by reference by the City as the City's Conflict-of-Interest Code. The standard Conflictof-Interest Code adopted by the Fair Political Practices Commission is attached hereto as Exhibit A to the Resolution. Appendix A of this Resolution sets forth the designated positions and Appendix B sets forth the disclosure categories for each City department.

All of these documents together shall constitute the Conflict-of-Interest Code for the following departments:
• City Manager’s Department
• City Clerk's Department
• Community Development Department
• Public Works and Engineering Department
• Finance Department
• Fire Department
• Consultants
Aside from adopting the standard model code, the only change to the City’s Conflict-of-Interest Code are title amendments and additions of the following designated positions:
• Add: Senior Planner under Community Development Department • Add: Account and Sr. Accountant under Finance Department • Add: Maintenance Superintendent under Public Works Department Persons holding designated positions listed in Appendix A shall file statements of economic interest pursuant to Section 5 of the Conflict-of-Interest Code with the City Clerk.

The City Clerk, as Filing Officer, administers the Conflict-of-Interest Code at the local level and notifies each designated employee, commissioner and consultant of his or her filing obligation.

Officials designated in the Conflict-of-Interest Code are required to file an Assuming Office Statement when they assume a designated position, an Annual Statement each year and a Leaving Office Statement within thirty days of resignation or termination. Filers must sign the Form 700 under penalty of perjury. Once filed, the form is a public document and must be made available to the public upon request.

ATTACHMENTS:

Attachment A: Resolution No. 2024-54

RESOLUTION NO. 2024-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF CALIMESA ADOPTING AN AMENDED CONFLICT OF

INTEREST CODE CONTAINING REVISED DESIGNATED

POSITIONS AND DISCLOSURE CATEGORIES AND
REPEALING RESOLUTION NO. 2022-54

THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:

Section 1. 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.

Section 2. The Fair Political Practices Commission has adopted a standard model Conflict of Interest Code. The standard model code is codified at 2 California Code of Regulations Section 18730 and can be incorporated by reference by the City as the City's Conflict of Interest Code.

Section 3. Pursuant to Resolution No.2022-54, the City last adopted an updated Conflict of Interest Code containing designated positions and disclosure categories for certain departments of the City. By this Resolution, the City is adopting a new updated Conflict of Interest Code containing designated positions and disclosure categories for all applicable departments of the City.

Section 4. The standard Conflict of Interest Code adopted by the Fair Political Practices Commission attached hereto as Exhibit A, as amended by the Commission from time to time, and Appendix A which sets forth the designated positions, and Appendix B which sets forth the disclosure categories for each City department, are hereby incorporated by reference and shall constitute the Conflict-ofInterest Code for the following departments:

A. City Manager’s Department
B. City Clerk's Department
C. Community Development Department
D. Public Works and Engineering Department
E. Finance Department
F. Fire Department
G. Consultants.

Section 5. Persons holding designated positions listed in Appendix A shall file statements of economic interest pursuant to Section 5 of the Conflict-of-Interest Code with the City Clerk.

Section 6. Pursuant to the Political Reform Act (Government Code Sections 81000 through 91014), a person holding a designated position listed in this Conflict-of-Interest Code that violates any provisions of this Code is subject to administrative, criminal and civil sanctions provided in the Political Reform Act. In addition, if a person who holds a designated position makes, participates in making or otherwise attempts to use his or her official position to influence a decision of the City in which he or she has a financial interest, he or she may also be subject to additional

Attachment 6A
administrative, criminal and civil sanctions and the decision may be set aside and voided pursuant to Government Code Section 91003.

Section 7. The City Council hereby directs the City Clerk and City Attorney to coordinate the preparation of a revised Conflict of Interest Code in succeeding even-numbered years in accordance with the requirements of Government Code Sections 87306 and 87306.5. The revised Code should reflect any changes in department or employee designations. If no revisions to the Code are required, the City Clerk shall submit a report no later than October 1st of the same year, stating that amendments to the Code are not required.

Section 8. Resolution No. 2022-54 of the City Council is hereby repealed in its entirety.

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

PASSED, APPROVED, and ADOPTED this 7
th day of October 2024.
_____________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_______________________________________

DARLENE GERDES, CITY CLERK

RESOLUTION NO. 2024-54

EXHIBIT A
California Code of Regulations
Section 18730 - Conflict of Interest Code

1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's

3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.

4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest;

6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.

8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from

9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.

13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.

15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).

16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

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) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. 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) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

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,

18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL 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) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. 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 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of

19 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 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

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 2013, No. 2).

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing 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) (Register 2014, No. 51).

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 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,

20 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 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing 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 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 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 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 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

21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

APPENDIX “A”
Designated Positions Disclosure Categories
CITY MANAGER’S DEPARTMENT AND GENERAL ADMINISTRATION
City Council Member 1
City Manager 1
General Services Director 2, 3, 4, 5
City Attorney 1
Assistant City Attorney 2, 3, 4, 5
Members of the Planning Commission 1
Members of Other City Advisory Commissions 2, 3, 4, 5
CITY CLERK’S DEPARTMENT
Deputy City Manager/City Clerk
Executive Assistant/Deputy City Clerk
2, 3, 4, 5
2, 3, 4, 5

COMMUNITY DEVELOPMENT DEPARTMENT
Community and Economic Development Director 2, 5, 6, 7
Planning Director 2, 5, 6, 7
Associate Planner 2, 5, 6, 7
Senior Planner 2, 5, 6, 7
Building Official 2, 5, 6, 7
Code Enforcement Officer 2, 5, 6, 7

PUBLIC WORKS DEPARTMENT
Public Works Director 2, 5, 8, 9
City Engineer 2, 5, 8, 9
Associate Engineer 2, 5, 8, 9
Maintenance Supervisor 2, 5, 8, 9
Maintenance Superintendent 2, 5, 8, 9

FINANCE
Finance Director
Accountant
Sr. Accountant
2, 5, 8, 9
2, 5, 8, 9
2, 5, 8, 9

SENIOR CENTER
Senior Center Coordinator 2, 5, 8, 9

FIRE DEPARTMENT
Fire Chief 2, 3, 4, 5
Deputy Fire Chief 2, 3, 4, 5
Battalion Chief 2, 3, 4, 5
Deputy Fire Marshall 2, 3, 4, 5
Fire Captains 2, 3, 4, 5

CONSULTANTS
Consultant 10

APPENDIX "B"

DISCLOSURE CATEGORIES

1. Disclosure is already required by Government Code Section 87200. No additional disclosure is required by this Code.

2. Reportable interests in real property in the jurisdiction. (Form 700, Schedule B.)

3. Reportable income and business positions. (Form 700, Schedule C).

4. Reportable investments. (Form 700, Schedules A-1 and A-2).

5. Reportable gifts and travel gifts. (Form 700, Schedules D and E).

6. Reportable income and business positions from persons or business entities having an interest in real property in the jurisdiction. (Form 700, Schedule C)

7. Reportable investments in business entities having an interest in real property in the jurisdiction. (Form 700, Schedules A-1 and A-2).

8. Reportable income and business positions from persons or business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict-of-Interest Code, services, supplies, materials or equipment of the type utilized by the City. (Form 700, Schedule C).

9. Reportable investments in business entities that provide, plan to provide or have provided within two years from the time a statement is required under this Conflict-of-Interest Code, services, supplies, materials or equipment of the type utilized by the City. (Form 700, Schedules A-1 and A-2).

10. For consultants who serve in a staff capacity with the City, the consultant shall disclose based on the disclosure categories assigned elsewhere in this code for that staff position. For consultants who do not serve in a staff capacity for the City, the following disclosure categories shall be used:

Persons required to disclose in this category shall disclose pursuant to categories A, B, C and D below unless the City Manager determines in writing that a particular consultant is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in categories A, B, C and D. Such written determination shall include a description of the consultant's duties and,

based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict-of-interest code.

A. Reportable interests in real property in the jurisdiction. (FPPC Form 700, Schedule B.)
B. Reportable income and business positions. (FPPC Form 700, Schedule C).

C. Reportable investments. (FPPC Form 700, Schedules A-1 and A-2.)
D. Reportable gifts and travel gifts. (FPPC Form 700, Schedules D and E)

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: NOTICE OF COMPLETION FOR CONSTRUCTION OF

CONTRACT FOR CITYWIDE PAVEMENT REHABILITATION
PROJECT, PROJECT NO. CIP 22-10 FOR HARDY & HARPER,
INC.

MEETING DATE: October 7, 2024
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That the City Council accept the Citywide Pavement Rehabilitation Project, Project No. CIP 22-10 as complete, authorize the City Engineer to sign the Notice of Completion and direct the City Clerk to file the Notice of Completion with the County Recorder’s Office and, if no claims are filed as of 35 days after recordation, release the 5% retention payment in the amount of $108,779.06 to Hardy & Harper, Inc.

BACKGROUND: On March 15, 2021, staff presented the City’s recently completed Pavement Management Program (PMP) study. In summary, the 41 miles of paved roadways exist that were inherited from the County when the City incorporated in 1990. During the March 15th meeting, staff indicated that the Pavement Condition Index (PCI) for 312 roadway segments ranged from 40 to 100 with an average of 63. Streets with PCI greater than 70 were not recommended for any rehabilitation by the PMP consultant. The study indicates that the cost to rehabilitate all of the streets in the City is estimated at more than $7.3 million.

On March 7, 2022, City staff presented Council with a list of potential areas to be incorporated as part of the Citywide Pavement Rehabilitation Project. Council selected several streets for rehabilitation.

On December 14, 2022, the City received bids for project construction.

On January 17, 2023, Council awarded a contract to Hardy & Harper, Inc. in the amount of $1,665,000. Council also authorized a construction contingency of $166,500.

On March 6, 2023, Council approved an amendment to Hardy and Harper’s contract to add pavement rehabilitation of Mesa Grande and Buena Mesa in the amount of $199,554.25 increasing the contract amount to $1,864,554.25. Council also authorized a construction contingency of $19,955.43 for a total construction contingency of $186,455.43.

On April 16, 2024, Council approved a Contract Amount increase of $50,000 for Caltrans required ADA ramp construction ($65,000) at the Sandalwood Road Interchange and asphalt pavement

material cost increases due to delays experience in acquiring a Caltrans permit to complete the Sandalwood Road interchange work ($38,000).

On August 19, 2024 Council approved a Contract Amount increase to Hardy & Harper, Inc. to $2,193,000.00 to make required repairs along Sandalwood Drive due to yielding subgrade on the west side of the freeway.

Hardy & Harper, Inc. completed all work to the satisfaction of the City Engineer. The Final Contract Amount for construction is $2,175,581.25, as itemized on the enclosed summary.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: Summary
Attachment B: Notice of Completion

Bid Item Unit Description Unit Price Quantity Amount Quantity Amount Quantity Amount 1 LS Mobilization/Demobilization $ 36,000.00 1 $ 36,000.00 0 $ - 1.00 $ 36,000.00 2 LS Traffic Control and Safety $ 104,000.00 1 $ 104,000.00 0 $ - 1.00 $ 104,000.00 3 LS Storm Water Pollution Prevention Plan, Best
Management Practice and NPDES Requirements
$ 8,568.78 1 $ 8,568.78 0.00 $ - 1.00 $ 8,568.78
4 SF Sawcut and Remove Existing Asphalt Base
Course, Aggregate Base and/or Subgrade (11"
Total Section Removal) $ 2.62 35,247 $ 92,347.14 -612 $ (1,603.44) 34,635.00 $ 90,743.70 5 SF Pulverize Existing Asphalt Concrete Pavement (7"
Total Section) $ 0.93 276,347 $ 257,002.71 32780.00 $ 30,485.40 309,127.00 $ 287,488.11 6 SF Sawcut and Remove Existing PCC Concrete
Driveway and Subgrade $ 5.30 653 $ 3,460.90 99.00 $ 524.70 752.00 $ 3,985.60 7 LF Sawcut and Remove Existing PCC Concrete Curb
and Gutter $ 20.00 873 $ 17,460.00 269.00 $ 5,380.00 1,142.00 $ 22,840.00 8 SF Sawcut and Remove Existing PCC
Spandrel/Cross Gutter $ 7.00 4,921 $ 34,447.00 3191.65 $ 22,341.55 8,112.65 $ 56,788.55 9 SF Grind (Cold-Mill) Existing Asphalt Concrete
Pavement (2" Minimum) $ 0.30 20,948 $ 6,284.40 401 $ 120.30 21,349.00 $ 6,404.70 10 SF Grind (Cold-Mill) Existing Asphalt Concrete
Pavement (1.5" Minimum) $ 0.23 93,409 $ 21,484.07 -700.00 $ (161.00) 92,709.00 $ 21,323.07 11 CY Construct 6" Miscellaneous Aggregate Base Over
12" Compact Native $ 53.00 653 $ 34,609.00 -12 $ (615.33) 641.39 $ 33,993.67 12 TON Construct 3" Minimum Asphalt Concrete Base
Course $ 140.00 703 $ 98,420.00 87 $ 12,166.00 789.90 $ 110,586.00 13 TON Construct 2" Minimum Asphalt Concrete Overlay
$ 140.00 717 $ 100,380.00 161 $ 22,563.80 878.17 $ 122,943.80 14 TON Construct 1.5" Minimum Asphalt Concrete Base
Course $ 101.00 2,755 $ 278,255.00 982.78 $ 99,260.78 3,737.78 $ 377,515.78 15 TON Construct 1.5" Minimum Asphalt Concrete Overlay
$ 101.00 3,686 $ 372,286.00 499.26 $ 50,425.26 4,185.26 $ 422,711.26 16 SF Construct PCC Concrete Driveway $ 15.00 653 $ 9,795.00 99.00 $ 1,485.00 752.00 $ 11,280.00 17 LF Construct 6" PCC Concrete Curb and Gutter $ 60.00 873 $ 52,380.00 269.00 $ 16,140.00 1,142.00 $ 68,520.00 18 SF Construct PCC Concrete Spandrel/Cross Gutter
$ 20.00 4,921 $ 98,420.00 3192.25 $ 63,845.00 8,113.25 $ 162,265.00 19 EA Adjust Existing Water Valve to Grade $ 75.00 43 $ 3,225.00 2.00 $ 150.00 45.00 $ 3,375.00 20 EA Adjust Existing Sewer Cleanout to Grade $ 995.00 3 $ 2,985.00 2.00 $ 1,990.00 5.00 $ 4,975.00 21 EA Adjust Existing Sewer Manhole to Grade $ 995.00 22 $ 21,890.00 4.00 $ 3,980.00 26.00 $ 25,870.00 22 LS Install Traffic Signing and Striping $ 11,300.00 1 $ 11,300.00 0 $ - 1.00 $ 11,300.00 Subtotal: $ 1,665,000.00 Subtotal: $ 328,478.02 Subtotal: $ 1,993,478.02 CCO #1 LS COR #01 - Thermoplastic Pavement Markings $ 2,628.78 $ - 1.00 $ 2,628.78 1.00 $ 2,628.78 CCO #1 LS COR #02 - Ruby Lane $ 17,429.39 $ - 1.00 $ 17,429.39 1.00 $ 17,429.39 CCO #1 LS COR #03 - Additional Striping $ 9,681.25 $ - 1.00 $ 9,681.25 1.00 $ 9,681.25 CCO #2 LS COR #6 Sandalwood Access Ramps $ 65,300.00 $ - 1.00 $ 65,300.00 1.00 $ 65,300.00 CCO #2 LS AC Material Increase $ 38,438.52 $ - 1.00 $ 38,438.52 1.00 $ 38,438.52 CCO #3 LS AC Pumping $ 10,616.44 $ - 1.00 $ 10,616.44 1.00 $ 10,616.44 CCO#3 LS R&R Sandalwood $ 38,008.85 $ - 1.00 $ 38,008.85 1.00 $ 38,008.85 Subtotal: $ - Subtotal: $ 133,477.94 Subtotal: $ 182,103.23 Original Contract Amount: $ 1,665,000.00 Total: $ 461,955.96 Total: $ 2,175,581.25 Original Contract Changes Authorized Revised Contract
Attachment A - Summary
Bid Schedule A
Chabge Orders

Attachment 7A

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF CALIMESA

CITY CLERK
908 PARK AVENUE
CALIMESA, CA 92320
SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the California Civil Code, notice is hereby given of completion of the following public work of improvement:

Project Name: Citywide Pavement Rehabilitation Project, Project No. CIP 22-10 Date of Completion: August 30, 2024.

Name and address of Owner: City of Calimesa, 908 Park Avenue, Calimesa, CA 92320 Name and address of Contractor: Hardy & Harper, Inc. 32 Ranch Circle, Lake Forest, CA 92630 Name and address of Construction Lender: None
Description of site: Residential Neighborhoods in Calimesa DATED: September 30, 2024

CITY OF CALIMESA
A Municipal Corporation
Micheal Thornton, City Engineer

VERIFICATION
I, the undersigned, say: I am the City of Calimesa City Clerk, the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on ____________________________ at Calimesa, California _____________________________________________
Darlene Gerdes, City Clerk
City of Calimesa
908 Park Avenue
Calimesa California, 92320

Attachment 7B
City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: SUMMERWIND PARK MAINTENANCE
MEETING DATE: October 7, 2024
PREPARED BY: Mari Shakir, Interim Public Works Director RECOMMENDATION: That the City Council:
a) Accept Summerwind Park into maintenance CFD 2018-1 Summerwind; and b) Authorize Artistic Landscape Maintenance, Inc to continue the landscape maintenance up to one year until formal bidding procedures can be completed.

BACKGROUND/DISCUSSION: On August 1, 2023, the 1-year landscape maintenance period for Summerwind Park began after City staff had inspected and approved the completed park improvements constructed by the developer, JEN SoCal 1, LLC. In July 2024, staff conducted a final inspection and deemed the landscape improvements were maintained appropriately and acceptable for turnover to the City. During this time, the landscape maintenance services were provided by the developer’s contractor, Artistic Maintenance, Inc.

The City entered into an agreement with Beaumont Cherry Valley Recreation and Parks District for the maintenance of the park facilities. The District released an RFP for Landscape Maintenance Services to include Summerwind Park and the City Manager authorized Artistic Maintenance to continue services on a month-to-month basis until the District awarded contract. The District ended up rejecting all bids to continue to maintain their parks in-house. The City will now need time to seek services for landscape maintenance and the City Manager’s signing authority will be exhausted.

Artistic Maintenance constructed the landscape improvements at Summerwind Park and performed maintenance satisfactorily. Since formal bidding procedures will take time to complete, City staff seeks approval to continue the services of Artistic Maintenance for an interim period to ensure the ongoing maintenance and aesthetic quality of Summerwind Park until a contract is awarded.

FISCAL IMPACT: Artistic Maintenance proposes to continue landscape services on a month-tomonth basis at a rate of $2,725 per month. This will be paid from fund CFD 2018-1 Summerwind.

The FY 24-25 budget has sufficient funds for this amount.

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: APPROVE SUPPLIMENTAL AGREEMENT WITH RIVERSIDE

COUNTY DEPARTMENT OF HOUSING AND WORKFORCE

SOLUTIONS (HWS) FOR COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) PROJECT NO. 5.CM.05-24, CALIMESA LIBRARY
ADA IMPROVEMENT PROJECT, PROJECT NO 2023-09.

MEETING DATE: October 7, 2024
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Public Works Project Manager
RECOMMENDATION: That the City Council approve the Supplemental Agreement with Riverside County Department of Housing and Workforce Solutions (HWS) for Community Development Block Grant (CDBG) Project No. 5.CM.05-24 for the amount of $27,283 for the construction of the Calimesa Library ADA Improvement Project, Project No. 2023-09.

BACKGROUND: The City Council approved an application for funding from the federal Community Development Block Grant (CDBG) and a plan for the Calimesa Library ADA Improvement Project, Project No. 2023-09 (Project) on December 19, 2023. This plan provided an ADA accessible walkway along the frontage of the Calimesa Library. The agreement with HWS for award of CDBG funding is $27,283.

DISCUSSION: On March 1, 2024, HWS approved the eligibility of project. Riverside County Board of Supervisors approved the funding for the Program Year of 2024-2025 on August 2, 2024, which included the City’s Project.

FISCAL IMPACT: Council approved a preliminary construction budget of $34,482. The agreement with HWS is for $27,283leaving a remainder of $7,199 to be funded from the City’s ADA fund. The agreement has been approved by the County Board of Supervisors. Staff recommends approval of the agreement.

ATTACHMENTS:

Attachment A: HWS Supplemental Agreement

Attachment 9A

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: CONSIDERATION OF ADOPTION OF TWO RESOLUTIONS

RESCINDING RESOLUTIONS OF NECESSITY ADOPTED IN
DECEMBER 2023 FOR THE ACQUISITION BY EMINENT DOMAIN

OF CERTAIN REAL PROPERTY INTERESTS FOR PUBLIC

PURPOSES IN CONNECTION WITH THE COUNTY LINE ROAD

TRANSPORTATION CORRIDOR PROJECT
MEETING DATE: OCTOBER 7, 2024
PREPARED BY: Will Kolbow, City Manager
Mari Shakir, Interim Public Works Director
RECOMMENDATION: That the City Council:

1. Consider the following Resolutions, which are Resolutions Rescinding two Resolutions of Necessity adopted by the City Council in December 2023 Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the City’s County Line Road Transportation Corridor Project:

RESOLUTION 2024-55, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA RESCINDING RESOLUTION 2023-75, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CALIMESA DECLARING CERTAIN REAL

PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING

THE ACQUISITION THEREOF IN CONNECTION WITH THE COUNTY LINE ROAD

TRANSPORTATION CORRIDOR PROJECT (PERMANENT ROAD EASEMENT ON APN 410-030-041)
RESOLUTION 2024-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA RESCINDING RESOLUTION 2023-76, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CALIMESA DECLARING CERTAIN REAL

PROPERTY INTERESTS NECESSARY FOR PUBLIC PURPOSES AND AUTHORIZING

THE ACQUISITION THEREOF IN CONNECTION WITH THE COUNTY LINE ROAD

TRANSPORTATION CORRIDOR PROJECT (RECIPROCAL ACCESS EASEMENT ON APNS 410-030-049 TO -052)

2. Direct the City Clerk to certify adoption of the attached Resolutions.

DISCUSSION:

BACKGROUND AND DESCRIPTION OF PROJECT
The City Council has before it a proposed Resolution to rescind Resolution 2023-75 and a proposed Resolution to rescind Resolution 2023-76, which were adopted by the City Council on December 18, 2023 and authorized the acquisition by eminent domain of certain real property interests in connection with the City’s proposed County Line Road Transportation Corridor Project (“Project”). The Project, as planned and designed, will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The street improvement plans for the Project are on file with the Public Works Department and are incorporated herein by this reference
The City sought to acquire certain real property interests described in Resolution 2023-75 and 2023-76 to construct certain public street, sidewalk, pedestrian, ADA ramps, and drainage improvements in connection with the Project. Specifically, the City sought to acquire the following real property interests:
• An approximate 968 square foot permanent road easement for public street, highways and related purposes, and all uses necessary or convenient thereto of the real property located at 301 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 410-030-041 (7-Eleven Parcel), which is owned by 7-Eleven, Inc., a Texas corporation. The approximate 968 square foot permanent easement was the subject of Resolution 2023-75. • An approximate 3,743 square foot reciprocal access easement for public street, highways and related purposes, and all uses necessary or convenient thereto on the real property located at South Side of County Line Road, West of 3rd Street, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Numbers 410- 030-049 to 410-030-052 (Simmons Property), which was owned by Billy W.

Simmons and Margit Simmons. The approximate 3,743 square foot reciprocal access easement was the subject of Resolution 2023-76.

Following the adoption of Resolution 2023-75, the City and 7-Eleven, Inc. engaged in good faith negotiations for several months regarding the City’s proposed acquisition of the approximate 968 square foot permanent easement, but did not reach a negotiated agreement.

Based on the timing of construction of the Project, cost increases since the funding for the Project was secured, and inability to reach a negotiated agreement for the acquisition of the approximate 968 square foot permanent easement on the 7-Eleven Parcel, the City has

determined not to proceed with the condemnation of said 968 square foot permanent easement. The City will construct certain public street, curb, and drainage improvements in connection with the Project within the City’s existing right of way and necessary right of way acquired from several properties impacted by the Project but will not construct the sidewalk and pedestrian improvements proposed in the area of the proposed 968 square foot permanent easement. Accordingly, it is necessary that the City Council rescind Resolution 2023-75.

Following the adoption of Resolution 2023-76, the City and the owners of the Simmons Property engaged in good faith negotiations regarding the City’s proposed acquisition of the approximate 3,743 square foot reciprocal access easement and reached an agreement regarding the City’s purchase in fee of the Simmons Property. The City purchased the Simmons Property in fee pursuant to an Agreement for Purchase and Sale and Escrow Instructions Between City of Calimesa and Billy W. Simmons and Margit Simmons, Trustees of the Billy W. Simmons Family Trust of March 1990 in Connection with the Calimesa Creek Project and in Connection with the County Line Road Transportation Corridor Project (Fee Interest in APNs 401-030-049, 410-030-050, 410-030-051 & 410-030-052), which was fully executed on April 16, 2024. Based on the City’s acquisition of the Simmons Property in fee, it was not necessary for the City to proceed with the condemnation of the 3,743 square foot reciprocal access easement. Accordingly, it is necessary that the City Council rescind Resolution 2023-76.

ATTACHMENTS:

ATTACHMENT A: Resolution No. 2024-55
ATTACHMENT B: Resolution No. 2024-56

RESOLUTION 2024-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA RESCINDING RESOLUTION 2023-75, A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF CALIMESA DECLARING

CERTAIN REAL PROPERTY INTERESTS NECESSARY FOR PUBLIC

PURPOSES AND AUTHORIZING THE ACQUISITION THEREOF IN

CONNECTION WITH THE COUNTY LINE ROAD TRANSPORTATION
CORRIDOR PROJECT (PERMANENT ROAD EASEMENT ON APN 410-
030-041)
WHEREAS, the City of Calimesa (City) is a municipal corporation in the County of Riverside, State of California; and
WHEREAS, the City seeks to construct the County Line Road Transportation Corridor Project (“Project”) to improve circulation in this area of the City. The Project, as planned and designed, will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The street improvement plans for the Project are on file with the Public Works Department and are incorporated herein by this reference; and
WHEREAS, the City sought to acquire an approximate 968 square foot permanent road easement (Subject Property Interest) on the real property located at 301 W. County Line Road, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Number 410-030-041 (7-Eleven Parcel), which is owned by 7-Eleven, Inc., a Texas corporation for public use in connection with the Project; and WHEREAS, on December 18, 2023, the City Council of the City of Calimesa adopted Resolution 2023-75, A Resolution of the City Council of the City of Calimesa, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the County Line Road Transportation Corridor Project (A Permanent Road Easement on APN 410-030-041) (Resolution of Necessity); and
WHEREAS, the City and 7-Eleven, Inc. engaged in good faith negotiations for several months following the adoption of the Resolution of Necessity regarding the City’s proposed acquisition of the Subject Property Interest, but did not reach a negotiated agreement; and

Attachment 10A
WHEREAS, based on the timing of construction of the Project, cost increases since the funding for the Project was secured, and inability to reach a negotiated agreement for the acquisition of the Subject Property Interest on the 7-Eleven Parcel, the City has determined not to proceed with the condemnation of the Subject Property Interest; and
WHEREAS, the City will construct certain public street, curb, and drainage improvements in connection with the County Line Transportation Corridor Project within the City’s existing right of way and necessary right of way acquired from several properties impacted by the Project but will not construct the sidewalk and pedestrian improvements proposed in the area of the Subject Property Interest.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:

SECTION 1. The City Council adopts Resolution 2024-55, A Resolution of the City Council of the City of Calimesa, California, Rescinding Resolution 2023-75, A Resolution of the City Council of the City of Calimesa, California Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the County Line Road Transportation Corridor Project (A Permanent Road Easement on APN 410-030-041).

SECTION 2. The City Council is authorized to rescind Resolution 2023-75 pursuant to Code of Civil Procedure Section 1245.260(c) and by other provisions of law.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 7
th day of October, 2024.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
________________

DARLENE GERDES, CITY CLERK

RESOLUTION 2024-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA RESCINDING RESOLUTION NO. 2023-75, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

DECLARING CERTAIN REAL PROPERTY INTERESTS NECESSARY

FOR PUBLIC PURPOSES AND AUTHORIZING THE ACQUISITION

THEREOF IN CONNECTION WITH THE COUNTY LINE ROAD

TRANSPORTATION CORRIDOR PROJECT (RECIPROCAL ACCESS
EASEMENT ON APNS 410-030-049 TO -052)
WHEREAS, the City of Calimesa (City) is a municipal corporation in the County of Riverside, State of California; and
WHEREAS, the City seeks to construct the County Line Road Transportation Corridor Project (“Project”) to improve circulation in this area of the City. The Project, as planned and designed, will construct a roundabout at the intersection of County Line Road and Calimesa Boulevard. As a part of the proposed Project, the City will replace the existing four-way stop with a raised circular center island in the intersection around which all traffic will travel in a counterclockwise direction yielding to traffic in the roundabout. The proposed improvements include but are not limited to curb and gutter, sidewalks, ADA ramps, traffic striping, drainage, and storm drain improvements. All work is consistent with the City’s General Plan of Circulation. The proposed Project will reduce the traffic congestion along County Line Road and improve ingress and egress for adjoining properties and side streets. The design is intended to ease travel through Calimesa and improve circulation and safety. The street improvement plans for the Project are on file with the Public Works Department and are incorporated herein by this reference; and
WHEREAS, the City sought to acquire an approximate 3,743 square foot reciprocal access easement, and improvements thereon (Subject Property Interest), on the real property located at South Side of County Line Road, West of 3rd Street, Calimesa, and identified as Riverside County Tax Assessor’s Parcel Numbers 410-030- 049 to 052 (Simmons Property) for public use, namely for reciprocal access purposes, in connection with the Project. The approximate 3,743 square foot Subject Property Interest is located on the portion of the Simmons Property identified as APN 410-030- 051; and
WHEREAS, on December 18, 2023, the City Council of the City of Calimesa adopted Resolution No. 2023-76, A Resolution of the City Council of the City of Calimesa, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the County Line Road Transportation Corridor Project (A Reciprocal Access Easement on the Portion on APN 410-030-049 to -052) (Resolution of Necessity); and WHEREAS, the City and the owners of the Simmons Property engaged in good faith negotiations following the adoption of the Resolution of Necessity regarding the

Attachment 10B
City’s proposed acquisition of the Subject Property Interest, and reached an agreement regarding the City’s purchase in fee of the Simmons Property; and WHEREAS, based on the City’s acquisition by the Simmons Property in fee, it was not necessary for the City to proceed with the condemnation of the Subject Property Interest; and
WHEREAS, the City will construct certain public street, curb, and drainage improvements in connection with the County Line Transportation Corridor Project within the City’s existing right of way and necessary right of way acquired from several properties impacted by the Project.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:

SECTION 1. The City Council adopts Resolution 2024-56, A Resolution of the City Council of the City of Calimesa, California, Rescinding Resolution No. 2023-76, A Resolution of the City Council of the City of Calimesa, California, Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof in Connection with the County Line Road Transportation Corridor Project (A Reciprocal Access Easement on the Portion on APN 410-030-049 to -052).

SECTION 2. The City Council is authorized to rescind Resolution No. 2023-76 pursuant to Code of Civil Procedure Section 1245.260(c) and by other provisions of law.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 7
th day of October, 2024.
________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
____________

DARLENE GERDES, CITY CLERK