Regular Meeting of the Calimesa City Council
Monday, October 21, 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
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.
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.
Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, October 21, 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 21, 2024
RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 8)
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 October 7, 2024 regular meeting
2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Planning Commission action minutes of August 12, 2024 regular meeting.
3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $667,173.87 (Check Nos. 42598 to 42659). b) October 10, 2024 Payroll of $153,659.11
4. COUNCIL TRAVEL EXPENSES.
RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through September 30, 2024
5. FINAL TRACT MAP NO. 32702-4: RELEASE OF MAINTANENCE BOND.
RECOMMENDATION: That the City Council authorize the release of the street improvement maintenance bonds for Tract 32702-4.
6. ASPHALT MAINTENANCE TRAILER 3-TON.
RECOMMENDATION: That the City Council approve the purchase of a 3-ton asphalt maintenance trailer from Haaker Equipment Company for $56,345.71 and adopt Resolution No. 2024-57, a Resolution of the City Council of the City of Calimesa, California amending the FY 2024-25 budget to include an adjustment in the gas tax fund for the purchase of a falcon asphalt trailer.
7. APPROVE PURCHASE OF EQUIPMENT FOR SENIOR CENTER RESTROOM RENOVATION, PROJECT NO 2024-05.
RECOMMENDATION: That the City Council adopt Resolution 2024-58 authorizing the advance purchase of equipment for the Senior Center Restroom Renovation, Project No. 2024-05.
8. CITY OF CALIMESA PROPERTY TAX – TAX YEAR 2024/25.
RECOMMENDATION: That the City Council receive and file the City of Calimesa Property Tax Newsletter Tax Year 2024/25.
CALIMESA CHAMBER OF COMMERCE REPORT
BUSINESS ITEMS
9 RESOLUTION IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT.
RECOMMENDATION: That the City Council adopt Resolution 2024-59, A Resolution of the City Council of the City of Calimesa, California in Support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.
Regular Meeting of the Calimesa City Council
Monday, October 21, 2024
10. FAIR SHARE AGREEMENT AND MEMORANDUM OF UNDERSTANDING WITH THE CITY OF YUCAIPA.
RECOMMENDATION: That the City Council:
1. Approve the Fair Share Agreement and Memorandum of Understanding for the County Line Road/Interstate 10 Freeway Interchange Interim Traffic Signal Project between the City of Calimesa and the City of Yucaipa.
2. Authorize the Mayor to execute the Agreement on behalf of the City of Calimesa.
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, November 4, 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 21, 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 October 7, 2024.
ATTACHMENTS:
Attachment A: City Council action minutes of October 7, 2024 regular meeting.
City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: October 21, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Planning Commission meeting of August 12, 2024.
ATTACHMENTS:
Attachment A: Planning Commission action minutes of August 12, 2024
City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: October 21, 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 $667,173.87 (Check Nos.42598-42659) b) October 10, 2024 Payroll of $153,659.11.
City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE
EXPENSES
MEETING DATE: October 21, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through September 30, 2024.
ATTACHMENTS:
Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through September 30, 2024.
FISCAL YEAR 2024-25
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
14-Aug State of District 5 Event $ 100.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 100.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 500.00 MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
8-Jul Cal Cities Riverside Division Mtg $ 60.00
19-Sep Beaumont State of the City $ 75.00
10-Sep Calimesa Chamber Breakfast $ 30.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 165.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 435.00
JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
WENDY HEWITT TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2024-25
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,900.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
8-Jul Cal Cites Riverside Division Mtg $ 60.00
14-Aug State of District 5 Event $ 100.00
8-Sep Cal Cites Riverside Division Mtg $ 65.00
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 225.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 375.00
LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
BILL DAVIS TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
FISCAL YEAR 2024-25
COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES
ATTACHMENT 4A
MEETING/MILEAGE 01-1100-7590
DATE DESCRIPTION AMOUNT DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00
JOHN MANLY TRAVEL - MEETING/MILEAGE EXPENSES
TRAVEL/TRAINING 01-1100-7585
City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: FINAL TRACT MAP NO. 32702-4: RELEASE OF MAINTANENCE BOND
MEETING DATE: October 21, 2024
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: Staff recommends that City Council authorize the release of the street improvement maintenance bonds for Tract 32702-4.
BACKGROUND: On December 16, 2019, City Council approved Final Map 32702-4. Along with the Final Map, the City accepted a Subdivision Improvement Agreement (SIA) with Faithful Performance Bond and Payment Bond as designated in the SIA to guarantee construction of Street Improvement. The Improvement bond are as follows: Faithful Performance “Street and Drainage Improvements for Tract 32702-4” in the amount of $1,049,500.00.
On June 19th, 2023, City Council authorized staff to accept the improvements and reduce the Faithful Performance Bonds to 10% of the total bond and be held as warranty for a period of 1-year.
The City Engineer hereby notifies the City Council that the Developer’s 1-year warranty period has elapsed and recommends that Council authorizes the release of the Warranty Bonds.
FISCAL IMPACT: None
ATTACHMENTS: None
City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: ASPHALT MAINTENANCE TRAILER 3-TON
MEETING DATE: October 21, 2024
PREPARED BY: Kyle Coney, Maintenance Superintendent
RECOMMENDATION: That the City Council approve the purchase of a 3-ton asphalt maintenance trailer from Haaker Equipment Company for $56,345.71 and adopt Resolution No. 2024-57, a Resolution of the City Council of the City of Calimesa, California amending the FY 2024-25 budget to include an adjustment in the gas tax fund for the purchase of a falcon asphalt trailer.
BACKGROUND: City staff is proposing to upgrade its equipment to enhance performance, improve efficiency, and better manage road repair demands. The new equipment will offer increased reliability, minimize downtime, and help us meet rising demands while improving safety and compliance standards. Additionally, it will allow us to maintain a competitive edge, reduce long-term maintenance costs, and ensure we are utilizing the most current and effective tools available.
Back on June 5, 2023, the City Council approved the purchase of the Concord Road equipment asphalt Maintenance Trailer. Currently, staff are facing challenges with our existing supplier, Concord Road Equipment. They have been unresponsive in providing shipping cost details for the asphalt trailer and have failed to supply necessary information or return our inquiries in a timely manner. Furthermore, they do not have a local sales representative available to provide training on proper equipment use. In comparison, the Falcon asphalt trailer staff is proposing offers superior capabilities and would better meet our operational needs.
Currently, the City of Calimesa Public Works Department services close to 43 miles of city streets.
Staff has purchased various types of cold mix from multiple manufacturers to use for asphalt patching. These manufacturers claim cold patching is a permanent fix, but staff is not seeing that result.
Larger patching projects are typically completed using hot asphalt mix, which is purchased from a supplier in Fontana, CA. To secure the material, staff must place an order for pickup at least one day in advance, and the asphalt must be used promptly before it cools. Given the current resource constraints within the Public Works Department, this process presents significant challenges.
Depending on weather conditions, staff has approximately two hours from pickup to apply the asphalt. After this time, the material begins to harden and is no longer workable unless reheated.
Currently, the City lacks the necessary equipment to maintain the asphalt at the required operating temperature, further complicating the task.
Between July 2022 and March 2023, the City spent approximately $7,500.00 on cold mix material to meet the high demand for street repairs. The cost of cold mix averages $1,263.00 per 1.5 tons, whereas hot mix is priced at approximately $65.00 per ton. In addition, staff must purchase liquid asphalt to facilitate bonding between the existing street surface and the new material. Currently, this liquid bonding agent is only available in 5-gallon buckets, as the City lacks the necessary equipment to dispense larger quantities from bulk. On average, the cost of this bonding agent is $106.00 per 5 gallons.
Acquiring the appropriate asphalt trailer will result in significant annual cost savings for the City while enhancing staff efficiency. This unit can be pre-loaded with material the night before, allowing for multiple repairs to be conducted the following morning. Additionally, when performing repairs across the city, the trailer will maintain the asphalt at the correct temperature for application throughout the day, as long as the unit remains operational. The trailer is also equipped with a 30-gallon heated tack tank, enabling staff to apply the liquid asphalt bonding agent via a spray wand, streamlining the repair process.
DISCUSSION:
Concord Road Equipment Falcon Asphalt Trailer
• 2.5 Ton Hotbox with single layer
blanket style insulation. (Hot to
touch on outside, Safety issue).
• Heating system requires diesel to
heat overnight burning through
fuel constantly. (Will cost more
money in fuel over time).
• 35 Gallon non heated tack tank
(not having tack at the correct
temp will cause shortened life of
patch).
• Does not come with hoses/
sprayer for tack application.
• For Warranty work we would have
to ship the trailer back to Ohio
which will cost us additional
shipping costs which can add up
quickly.
• They have no sales reps to give
us training on proper use &
maintenance of the trailer which
means we will not have proper
safety procedures shown to us.
• No mechanic available
• Almost 1 year and no trailer
• 3 Ton Hotbox with 3 Layer
insulation which makes outside cool
to the touch even if it’s used all day
long. (Safest choice).
• Heating system uses diesel while
on road to heat asphalt but,
overnight heating uses electric
heater to keep asphalt to adequate
temperature. (Feature allows you to
set what time to have asphalted
heated by for application.)
• Heated 30 Gallon Tack Tank (Temp
controlled to have tack at the
perfect temp for application).
• Comes with hoses, sprayer, and
reels for uniform application of tack
to increase adhesion.
• Haaker is local and will come to us
for repair work or pick up the trailer
if it needs to be fixed at a shop.
• Haaker gives free training for the
life of the trailer & will go out to our
first project to guide us through the
proper use of the trailer.
• Trailer has Lifetime warranty
• Equipment has 2-year warranty
• Repairs are always available
• Delivery in 4 to 6 weeks
Staff obtained three quotes for the equipment, with Haaker Equipment Company offering the lowest price to go along with superior service. The three quotes are attached to this staff report. Staff is recommending that the City Council approve the purchase of the 3-ton asphalt maintenance trailer from Haaker in the amount of $56,345.17. This will require an additional appropriation of $17,099 and staff recommends the funding source be from the Gas Tax Fund.
FISCAL IMPACT: The approved FY 2024-25 Public Works Department Budget and LLMD Fund have sufficient balance of $39,901 available. Fund 24 (Gas Tax) has sufficient funds for the additional $17,099 for Falcon trailer purchase if approved.
ATTACHMENTS:
Attachment A: Resolution 2024-57
Attachment B: Haaker Equipment Quote
Attachment C: Seal Master Pavement Products Quote
Attachment D: Power Equipment Company Quote
RESOLUTION 2024-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, AMENDING THE FY 2024-25 BUDGET
TO INCLUDE AN ADJUSTMENT IN THE GAS TAX FUND FOR
THE PURCHASE OF A FALCON ASPHALT TRAILER
WHEREAS, On June 5, 2023, City Council approved the purchase of an asphalt repair trailer from Concord Road Equipment in the amount of $39,901; and WHEREAS, The City issued a purchase order for the purchase and delivery of the trailer on February 22, 2024; and
WHEREAS, Concord Road Equipment failed to adhere to the conditions of the purchase order by not delivering in a timely manner; and WHEREAS, Staff obtained a quote for a 3-ton Falcon asphalt trailer from Haaker Equipment in the amount of $56,345.71; and
WHEREAS, After further analysis, staff has determined it to be more wholly cost efficient and beneficial to purchase the Falcon asphalt trailer from Haaker Equipment; and
WHEREAS, Staff sent Concord Road Equipment a purchase order cancellation letter; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
The Fiscal Year 2024-25 Gas Tax Fund Budget is hereby amended as follows:
• Increase appropriations in Fund 24 (Gas Tax) by $17,099.
PASSED, APPROVED, and ADOPTED this 21st day of October 2024. _____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
Attachment 6A
2070 North White Avenue, La Verne, California 91750
(909) 598-2706 ~ haaker.com
QUOTE
October 2, 2024
TO: CITY OF CALIMESA ATTN: MR. KYLE CONEY
908 PARK AVENUE (909) 732-7828
CALIMESA, CA 92320 EMAIL: [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval.
ONE (1) NEW FALCON 3-TON HOT BOX – TRAILER MOUNTED
Electric Brakes with Safety Breakaway, 12-Volt Battery, with One-piece Ceramic Combustion Chamber (Diesel), Trailer Mounted.
STANDARD & OPTIONS INCLUDE:
Battery Charger Package
Smart Control Package Includes: Voltmeter, VIP,
Fuel Gauge, 7 Day Timer, Temperature Gauge and
Hour Meter.
Dump Box
16’ Frame
16” Tires
Release Agent Sprayer Basket
LED Lighting Upgrade
LED Night Work Lights
Strobe Warning Lights
3 Position Tool Holder
Hopper Access Step
30 G Heated / Insulated Tack Tank
Rejuvenator Spray System w/Hose Reel
Plate Compactor Baske (24” x 24”)
UNIT PRICE: ............................................................................................................... $ 52,293.00 SALES TAX (7.75%): ................................................................................................ $ 4,052.71 TOTAL PRICE, FOB: CALIMESA, CA; ................................................................... $ 56,345.71
THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED
OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.
NOTE: Price is good for 15 Days . Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.
TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.
DELIVERY: 28 – 42 Days TERMS: Net 30 Or Approved Financing Add-On/Cooperative Purchase Authorization: Haaker Equipment Company offers the above proposed price, terms and conditions to any governmental agency or subdivision in the State of California or Nevada for a period not to exceed a full calendar year from the date of original purchaser’s purchase order or contract.
We appreciate the opportunity to present this proposal and look forward to being of further and continued service.
HAAKER EQUIPMENT COMPANY ACCEPTED BY:
BY: Oscar Soto DATE:
OSCAR SOTO
SALES REPRESENTATIVE
Attachment 6B
Quote
Date
9/30/2024
Quote #
40 Name / Address
Cash/Credit Spokane
City of Calimesa
908 Park Ave.
Calimesa, CA 92320
Ship To
City of Calimesa
908 Park Ave.
Calimesa,CA 92320
SealMaster Washington
PO Box 1847
Redmond, OR 97756
Rep P.O. No. Terms
HN
Total
Description Qty U/M Cost Total
new Falcon 2-Ton Hot Box- Trailer Mounted 1 54,500.00 54,500.00T Options Included: Battery Charger Package, Smart
Controller Package
Volt Meter,VIP, Fuel Gauge, 7 Day Timer, Temp Gauge,
Hour Meter
Dump Box, 16' Frame, 16" Tires, Release Agent Spray
Basket,
LED Lighting Upgrade, LED Night Work Lights, Strobe
Lights,
3 Position Tool Holder, Hopper Access Step, 30 Gallon
Heated /Insulated
Tack Tank, Rejuvenator Spray System with hose reel,
Plate Compactor
Basket ( 24" x 24" )
Freight Included
Lead Time 180 to 200 days
Sales Tax 7.75% 4,223.75
$58,723.75
Attachment 6C
Proposal # 29097
TO: City of Calimesa
908 Park Avenue
Calimesa, CO, 92320
ATTENTION: Kyle Coney
909/732-7828
[email protected]
PROPOSAL
10/3/2024
www.power-equip.com
Quantity of One, New
Falcon 2T1B-D
2 Ton Transporter - Diesel
12 volt batteries, Triple Wall Construction, Fully insulated, Automatic Temperature Control, VIP, One-piece seamless ceramic combustion chamber, conspicuity tape Diamond Tread Plate Hopper Access Platform, Battery charger package Electric Brakes with safety breakaway
Tandem axle trailer frame - 2"x6"x1/4" Tubular steel
16" tires - Load Range E
Included Options:
Single Diesel burner
Dump Box
Standard frame - 16'
Falcon Smart Contol package includes:
7 day timer, fuel level gauge, hour meter, voltmeter, temperature gauge LED Lighting package includes:
Two red stop/tail/turn lights and one amber strobe per side, warning strobe light, LED night work lights
3 position tool holder, release agent basket, hopper access step Additional Options : (Includd in base price)
Freight to:
Total including all options and freight
$51,053.00
Acceptance:
Tack package: 30 gallon heated/insulated tack tank, Rejuvenator spray system with hose reel
Additional Options : (Included in base price)
Tack package: 30 gallon heated/insulated tack tank, Rejuvenator spray system with hose reel
2 year machine and lifetime frame warranty
Price Includes Freight to Calimesa, CO
All prices subject to applicable taxes and freight. This Quote is valid for thirty (30) days; subject to prior sale. FOB: Power Equipment Yard All prices are subject to surcharges applied by the OEM manufacturers and will be applied to the final invoice. Material surcharges are subject to change the price at any time from the date of the order to the time of delivery.
EXCLUSION OF WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF FITNESS: Customer is skilled and experienced in use and operation of machinery of the type described in the quotation and will make his selection and decision to order on the basis of his own judgment. SELLER DOES NOT MAKE ANY WARRANTY OF MERCHANTABILITY NOR ANY OTHER WARRANTY EXCEPT THOSE SPECIFICALLY STATED. THIS STATEMENT BECOMES A PART OF ANY PURCHASE.
Sales Price $57,153
Plus Applicable Taxes
Pricing Summary
Total Price $57,153
Andy Remmo
Municipal Sales Manager
Office: (303) 288-6801
Cell: (303) 961-8957
Fax: (866) 852-3382
Denver Branch
500 E 62nd Avenue
Denver, CO 80216
[email protected]
Attachment 6D
City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: APPROVE PURCHASE OF EQUIPMENT FOR SENIOR CENTER RESTROOM RENOVATION, PROJECT NO 2024-05.
MEETING DATE: October 21, 2024
PREPARED BY: Will Kolbow, City Manager
Mari Shakir, Interim Public Works Director
RECOMMENDATION: That the City Council adopt Resolution 2024-58 authorizing the advance purchase of equipment for the Senior Center Restroom Renovation, Project No. 2024-05.
BACKGROUND: Staff developed plans and specifications for the renovation of the Senior Center restrooms and is currently being advertised for bidding. City Council approved the FY 2024-25 Budget to include an appropriation to the Capital Improvement Project Fund – Senior Center Restroom Renovation. The equipment is listed on the attached estimate.
DISCUSSION: Staff is requesting that Council authorize the advance purchase of restroom fixtures in advance of the contract award to avoid contractor markup and reduce the cost of the restroom renovation project. The estimated cost of the equipment purchase is $18,150 based on recent contracts.
Staff will return to Council with the request for an award at a later date.
FISCAL IMPACT: The costs are estimated as outlined in the table below:
BUDGET AMOUNT
Available Funding
1 Capital Improvement Project Fund Senior Center Restroom Renovation Budget
$200,000
Design, Construction, Management
1 Design/Bidding/Project Management $ 15,000
2 Construction Contract $118,000
3 Construction Contingency $11,800
4 Plumbing Fixtures and Furnishings, Equipment Purchase $18,150 5 Construction Permits, Inspection $14,310
6 Construction management, estimated $10,892
GRAND TOTAL $188,152
Based on the table above, the FY 2024-25 Budget Capital Improvement Project Fund – Senior Center Restroom Renovation has sufficient budget to complete the purchase of Plumbing Fixtures, Furnishings, and Equipment. It should be noted that the Design, Bidding, Project Management, Construction Inspection and Construction Management portions of the project, totaling $40,202, will be provided by Charles Abbott and Associates staff, whom the City contracts with for Public Works and Building & Safety staff augmentation.
ATTACHMENTS:
Attachment A: Construction Estimate.
Attachment B: Resolution No. 2024-58
ITEM ITEM DESCRIPTION UNIT QTY UNIT PRICE ITEM TOTAL
WALL PAINT
SF
WALL TILE
SF
FLOOR
TILE SF
CEILING
PAINT SF
1 Targeted demolition and disposal of including, but not limited to existing tile, gypsum board, restroom fixtures, and partitions.
LS 1 $ 15,582.00 $ 15,582.00
321 228
2 Plumbing labor and rough material to all fixtures LS 1 $ 9,634.00 $ 9,634.00 250 200 3 Wall Preparation, Furnishing and Installation of Tile Wall Wainscoting (Approx 570 sf)
LS 1 $ 24,594.00 $ 24,594.00
571 571 428 428
4 Floor Preparation, Furnishing and Installation of Floor Tile (aaprox 430 sf)
LS 1 $ 15,698.00 $ 15,698.00
5 Contractor Furnish and Installation of Partitions and all City Furnished Bathroom Accessories
LS 1 $ 26,724.00 $ 26,724.00
6 Installation of Plumbing Fixtures (City Furnished) LS 1 $ 4,847.00 $ 4,847.00 7 Preparation and Installation of Green Board/Waterproof Drywall (Wall) (approx 571 sf)
LS 1 $ 7,741.00 $ 7,741.00
8 Preparation and Paint of New and Existing Drywall (Ceiling And Walls)(approx 1000 sf)
LS 1 $ 7,139.00 $ 7,139.00
9 Install Wet Floor Sewer Trap in Women’s Restroom LS 1 $ 2,000.00 $ 2,000.00 10 Temporary Restroom Trailer Rental, Set Down, and
Maintenance
LS 1 $ 4,000.00 $ 4,000.00
$ 117,959.00
ITEM ITEM DESCRIPTION UNIT QTY UNIT PRICE ITEM TOTAL
1 Excel hand towel dispenser ea 2 $ 500.00 $ 1,000.00
2 Wedge Sink 2 station ea 2 $ 5,600.00 $ 11,200.00
3 Faucet & soap dispenser touchless ea 4 $ 500.00 $ 2,000.00 4 toilet automatic ea 5 $ 300.00 $ 1,500.00
5 urinal automatic ea 2 $ 325.00 $ 650.00
6 trash receptical - MAIN ea 2 $ 150.00 $ 300.00
7 mirror ea 4 $ 250.00 $ 1,000.00
8 Trash can - STALL ea 5 $ 50.00 $ 250.00
9 Toilet paper dispenser ea 5 $ 50.00 $ 250.00
10 MEN'S TOILET PARTITIONS ($3,500) contractor furnished LS 1 $ - $ - 11 WOMEN'S TOILET PARTITIONS ($6,500) contractor
furnished LS 1 $ - $ -
TOTAL $ 18,150.00
ITEM DESCRIPTION COST
1 Design $ 15,000.00
2 CONSTRUCTION CONTRACT $ 118,000.00
3 EQUIPMENT PURCHASE $ 18,150.00
4 Construction Contingency $ 11,800.00
5 BUILDING AND SAFETY PERMITTING/INSPECTION 90 HOURS $159 PREVAILING WAGE $ 14,310.00 6 CONSTRUCTION MANAGEMENT 8% $ 10,892.00
$ 188,152.00
PROJECT ESTIMATE
Total
CITY OF CALIMESA
2024-05 Senior Center Restroom Renovation Engineer's Estimate
CITY PURCHASED & FURNISHED EQUIPMENT
Attachment 7A
RESOLUTION 2024-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA, AMENDING THE FY 2024-25 BUDGET TO PERMIT THE
ADVANCE PURCHASE OF PLUMBING FIXTURES, FURNISHINGS,
AND EQUIPMENT FOR THE SENIOR CENTER RESTROOM
RENOVATION, PROJECT NO. 2024-05
WHEREAS, the City had developed plans and specifications for Senior Center Restrooms Renovation, Project No. 2024-05 (“Project”), and the City Council approved the FY 2023-24 Budget to include an appropriation for the Project to the Capital Improvement Project Fund—Senior Center Restroom Renovation; and WHEREAS, on October 15, 2024, the City issued a notice inviting bids for construction of the Project, with bids due on November 7, 2024 and the City Council expected to award a contract thereafter; and
WHEREAS, estimates based on other recent contracts suggest the City can potentially reduce the overall cost of the Project by purchasing plumbing fixtures, furnishings, and equipment in advance of awarding a construction contract; and WHEREAS, there are sufficient funds in FY 2024-25 Budget Capital Improvement Project Fund—Senior Center Restroom Renovation for the advance purchase of plumbing fixtures, furnishings, and equipment and complete the Project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
The City Council hereby approves the advance purchase of plumbing fixtures, furnishings, and equipment for the Senior Center Restrooms, Project No. 2024-05 using funds from FY 2024-25 Budget Capital Improvement Project Fund—Senior Center Restroom Renovation.
PASSED, APPROVED, and ADOPTED this 21st day of October 2024. _____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________
DARLENE GERDES, CITY CLERK
Attachment 7B
City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: CITY OF CALIMESA PROPERTY TAX – TAX YEAR 2024/25 MEETING DATE: October 21, 2024
PREPARED BY: Will Kolbow, City Manager
Celeste Reid, Finance Director and Treasurer
RECOMMENDATION: That the City Council receive and file the City of Calimesa Property Tax Newsletter Tax Year 2024/25.
BACKGROUND: The City of Calimesa has a professional services contract with Hinderliter, de Llamas & Associates (hereinafter referred to as HDL) to provide compiled property tax data and analysis relating to property tax revenues within the City of Calimesa. The City Manager and Finance Director meet annually with the HDL professionals to review data provided in compiled reports to discuss data analytics in relation to assessed values, property transfers, sales price history, and trends with prior years. The attached report, appropriate for public consumption, is provided to the City Council for review and includes the top 10 property owners with primary use category, total value and percentage of all value.
It should be noted the attached report does not include an annual distribution of property tax increment funds from the Riverside County RPTTF (Redevelopment Property Tax Trust Fund). The RPTTF Funds were established 2012 with the state’s mandate to dissolve redevelopment agency funds. Due to a large portion of undeveloped residential land in Calimesa at the time of dissolution, the RFTTF distributions are significant as a proportional ratio of property tax collections for the City of Calimesa. Listed below are projections of RPTTF Revenue:
FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
RPTTF Revenue Estimate $ 1,840,395 $ 1,913,769 $ 2,044,801 $ 2,185,987 $ 2,339,498 FISCAL IMPACT: None.
ATTACHMENTS:
Attachment A: City of Calimesa Property Tax Newsletter – Tax Year 2024/25
THE CITY OF CALIMESA
TAX YEAR 2024/25
PROPERTY TAX NEWSLETTER
NEC
TAXABLE ASSESSED VALUE
$1.6 BILLION
+4.1%
CALIMESA COUNTY
+6.9%
-0.04B
0.00B
0.04B
0.08B
0.12B
0.16B
0.20B
2015 2016 2017 2018 2019 2020 2021 2022 2023 2024
PRIOR YEAR TRANSFER
OF OWNERSHIP OTHER PROP. 13 INFLATIONADJUSTMENT NEW CONSTRUCTION
VALUE GROWTH (IN BILLIONS)
HISTORY OF VALUE CHANGES BY CAUSE
INCLUDING TOTAL ASSESSED VALUE
0.7B 0.8B 0.8B 0.9B 1.0B 1.1B 1.3B 1.4B 1.5B 1.6B
The Other change category may include effects of assessment appeals, multi parcel sales, and changes to secured exemptions, personal property, or utility-owned property values
PROPERTY
HIGHLIGHTS
TOP 10 OWNERS
WITH PRIMARY USE CATEGORY, TOTAL VALUE AND % OF ALL VALUE 1 MESA VERDE OWNER AGRICULTURAL $47.1 MILLION 2.95%
2 CALIMESA RETAIL CENTER COMMERCIAL $30.7 MILLION 1.92% 3 JEN SOCAL 1 VACANT $16.5 MILLION 1.03%
4 STATER BROS MARKET COMMERCIAL $11.5 MILLION 0.72%
5 PLANTATION COMPANY RESIDENTIAL $11.0 MILLION 0.69%
6 RGC PROPERTIES INDUSTRIAL $9.98 MILLION 0.62%
7 CALIFORNIAN MOBILE ESTATES CALIMESA LP RESIDENTIAL $9.51 MILLION 0.59% 8 NEXTGEN CALIMESA LP RESIDENTIAL $9.07 MILLION 0.57%
9 RIC ORCUTT VACANT $8.64 MILLION 0.54%
10 LIFE STORAGE INDUSTRIAL $8.32 MILLION 0.52%
TOP 10 TOTAL $162 MILLION 10.15 %
The largest assessed value increase occurred
due to a change of ownership at an industrial
parcel owned by Life Storage (1096 Calimesa
Boulevard). A reassessment increased the
value by $5.2 million. The sale of two parcels to
Californian Mobile Estates Calimesa (950
California Avenue) increased the total value by
$3.2 million. Two related parcels owned by
Calimesa Retail Center (1000 and 1020 Cherry
Valley Blvd.) added new improvements causing
an increase in the value of $2.9 million this year.
The most significant value decline occurred on
a vacant parcel owned by QR Birtcher Oak
Valley Owner (2016 Roberts Rd). This parcel
was deleted and replaced with four new parcels.
The new parcels do not currently (continued on
next page)
hdlcompanies.com/proptax | 714 879.5000 Published by
Attachment 8A
TAX YEAR 2024/25 THE CITY OF CALIMESA - PROPERTY TAX NEWSLETTER
0.4%
0.8%
1.2%
1.6%
2.0%
2.4%
IMPERIAL LOS ANGELES ORANGE RIVERSIDE SAN BERNARDINO SAN DIEGO VENTURA
ESTIMATED VALUE GROWTH FROM SALE TRANSFERS AS A PERCENTAGE OF TAXABLE VALUE BY COUNTY
PROPERTY HIGHLIGHTS
(continued from previous page)
have values associated. The value loss
associated with the deleted parcel is $1.1
million. A small parcel owned by Iv1 Cherry
Valley Logistics Center and located at 36244
Cherry Valley Boulevard was reduced by
$613,000 in value.
PROPERTY TAX FACTS
• 76.2% of the City's 2024 assessed values are
residential use, from 66.2% of the parcels.
Taxable values are enrolled Jan. 2024
(reflecting 2023 activity). Tax billing starts
Sept./Oct. 2024. Revenue is remitted to
agencies from late 2024 through mid-2025.
•
REAL ESTATE TRENDS
Through the first half of the 2024 calendar year,
counties are still experiencing declines in the
number of recorded sales from 2023. Home
sales pulled back in June as interest rates
remained high through the end of the second
quarter. All major California regions
experienced a moderate increase in their
median sale prices from a year ago in June.
The Central Coast posted the biggest sales
jump on a year-over-year basis, increasing
8.9% from a year ago. The Far North (7.6%)
and Southern California (7.4%) were a close
second and third, respectively, and were
followed by the San Francisco Bay Area (5.8%)
and the Central Valley (4.8%). The median sale
price of Calimesa detached single-family homes
from January through August 2024 was
$550,000, an increase of $20,500 (3.9%) from
2023's median sale price.
CHG %
DETACHED SINGLE-FAMILY HOMES
MEDIAN SALE PRICE HISTORY
YEAR SALES MEDIAN PRICE
2015 103 $300,000 15.4%
2016 132 $320,000 6.7%
2017 139 $357,500 11.7%
2018 118 $357,500 0.0%
2019 165 $380,000 6.3%
2020 233 $400,000 5.3%
2021 295 $465,000 16.3%
2022 124 $550,000 18.3%
2023 84 $529,500 -3.7%
2024* 58 $550,000 3.9%
* Year-to-Date (through August 2024)
0.5M
1.0M
1.5M
2.0M
2.5M
3.0M
3.5M
4.0M
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 VLFAA PROP. TAX REV. OTHER 1% SHARE REV.
(CALIMESA FIRE)
GEN. FUND 1% SHARE
REV.
REVENUE (IN MILLIONS)
ASSESSED VALUE-BASED REVENUE HISTORY BY COMPONENT
hdlcompanies.com/proptax | 714 879.5000 Published by
City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: RESOLUTION IN SUPPORT OF PROPOSITION 36, THE
HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION
ACT
MEETING DATE: October 21, 2024
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council adopt Resolution 2024-59, A Resolution of the City Council of the City of Calimesa, California in Support of Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.
BACKGROUND: After the passage of Proposition 47 in 2014, the use of drug courts was severely diminished since repeat drug offenders had little incentive to complete treatment. This is due to the change in law that whether you were arrested 50 times or three times for drug possession, the charge could at most be a simple misdemeanor. Misdemeanors are nearly always just citations and result in very little, if any, jail time, which created a disincentive to participate in drug treatment that could last for up to 12 or more months. Addressing drug addiction is critical for helping the individual and improving public safety. An in-depth data analysis of crime statistics sampling from four counties showed that the rate of chronic drug offenders who committed three or more drug offenses more than doubled after Prop 47 passed and that approximately 60% of drug offenders also committed theft offenses.
DISCUSSION: Proposition 36 focuses on two primary areas of focused reform to Proposition 47.
First is in the area of Organized and Serial Retail Theft. Rampant retail theft is harming businesses and residents in California because those who commit these crimes know they’ll get away with it, even if they are caught. Prop 36 will hold repeat offenders accountable for the safety of our communities, rather than putting them back on the streets. Prop 36 will make the following changes:
• Classifies repeated theft as a felony for individuals who steal less than $950 if they have two or more prior theft-related convictions.
• Allows stolen property values from multiple thefts to be combined so repeat offenders can be charged with a felony if the total exceeds $950, countering tactics by career criminals to avoid harsher penalties.
• Authorizes judges to impose an enhanced penalty when an offender steals, damages, or destroys property by participating in organized theft with two or more offenders or by causing losses of $50,000 or more.
Second, Prop 36 provides reform to empower judges in sentencing to hold traffickers accountable and encourage drug treatment. The fentanyl crisis has reached alarming levels and is now responsible for 20 percent of youth deaths in California. Specifically Prop 36 will do the following:
• Enables stricter penalties for dealers whose trafficking causes death or serious injury and warns traffickers of potential murder charges if continued drug trafficking results in fatalities. • Restores drug courts and ensures there is accountability to complete treatment. • Defines fentanyl as a hard drug, holds individuals convicted of trafficking fentanyl accountable, and grants judges’ greater discretion in sentencing drug traffickers. • Creates a “treatment-mandated felony” if a person possesses a hard drug (meth, fentanyl, heroin, cocaine or PCP) and has two prior convictions for drug-related offenses. • People with two or more prior convictions for drug-related offenses have the option of utilizing a drug court and participating in and completing drug and mental health treatment instead of county jail. A drug addiction expert will conduct a substance abuse and mental health evaluation before treatment begins. Those who successfully complete drug and mental health treatment can have the charge fully expunged.
• A treatment program may also include job training and other conditions that a judge finds appropriate for a successful outcome. Research from the Office of National Drug Control Policy under the Obama Administration showed every $1 spent on drug courts yields $2 in savings in the criminal justice system, and 84% of drug court graduates were not re‐arrested and charged with a serious crime in the first year after graduation. A UC San Francisco study completed before Prop 47 showed drug court participants who graduated their programs had reduced re-arrest rates of up to 54%.
Staff recommends adoption of the Resolution supporting Proposition 36 on the November 5, 2024 ballot.
FISCAL IMPACT: None.
ATTACHMENTS:
Attachment A: Resolution 2024-59
Attachment B: CalCities Prop 36 and Legislative Package Comparison Table
RESOLUTION NO. 2024-59
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS,
DRUG ADDICTION, AND THEFT REDUCTION ACT
WHEREAS, while Proposition 47 achieved notable success in making California’s criminal justice system more equitable, Prop 47 has also led to unintended consequences over the past decade; and
WHEREAS, Prop 47 has contributed to increases in repeat and often organized retail theft, the shuttering of local businesses, and difficulty convincing people to seek drug and mental health treatment; and
WHEREAS, these unintended consequences can only be corrected by the voters at the ballot box with modest amendments to Prop 47; and WHEREAS, Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act is a bi-partisan measure that provides common sense, targeted reforms to Prop 47 that, with the recently adopted legislative Retail Theft Package, provide more tools to increase safety in our communities; and
WHEREAS, spikes in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, as well as strained social services, are creating challenges beyond the capacity of local governments; and
WHEREAS, cities are partnering with the state to advance solutions that help reduce crime and provide more support to residents struggling with substance abuse, while avoiding a return to the days of mass incarceration; and WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act will define fentanyl as a hard drug, hold individuals convicted of trafficking fentanyl accountable, and grant judges greater discretion in sentencing drug traffickers; and WHEREAS, breaking the cycle of repeat offenders means addressing the many root causes of retail theft; and
WHEREAS, Prop 36, the Homelessness, Drug Addiction, and Theft Reduction Act allows critical behavioral health services, drug treatment, and job training within our justice system for people who are homeless and suffering from mental illness or struggling with substance abuse; and
WHEREAS, it is time for meaningful and tailored reforms to our justice system to ensure the safety of our communities.
Attachment 9A
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CALIMESA THAT THE CITY COUNCIL FORMALLY EXPRESSES SUPPORT FOR PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT AND THE BENEFIT THAT IT PROVIDES FOR OUR COMMUNITY’S SAFETY.
PASSED, APPROVED AND ADOPTED this 21th day of October, 2024. _____________________________________
WILLIAM DAVIS, MAYOR
ATTEST:
_________________________________________
DARLENE GERDES, CITY CLERK
Retail Theft Package
and Proposition 36
Recently, Gov. Gavin Newsom signed a 10-bill package addressing retail theft. The table below compares Proposition 36 — the ballot initiative sponsored by the District Attorneys that would make changes to Proposition 47 — with the retail theft package signed by the Governor.
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)
RELEVANT BILL
NUMBERS
Fentanyl
Fentanyl
possession with
firearm
Adds to list of
crimes with
penalties of 2, 3, or
4 years in prison.
Not in package.
Fentanyl
increasing
penalties
Increases penalties
from 2 to 20 years
depending on the
amount.
Not in package.
Treatment
mandated
felony
Creates a new
crime for hard drug
possession with
tiered penalties up
to 25 years.
Not in package.
Retail Theft
Aggregation Provides that any
case involving one
or more acts of
theft or shoplifting
may be
aggregated into a
single count or
charge.
Not in package.
Auto theft Does not address
this issue.
Closes the loophole
under existing law
regarding locked cars.
SB 905 (Wiener)
Cargo theft Does not address
this issue.
Adds cargo theft to the
Regional Property Crime
Task Force operated by
the CHP.
AB 1972 (Alanis)
Fencing Does not address
this issue.
Expands existing law for
online marketplaces to
report high-volume sellers
to law enforcement.
SB 1144 (Skinner)
Fires Does not address
this issue.
Makes it a factor in
aggravation if an offense
SB 1242 (Min)
Attachment 9B
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)
RELEVANT BILL
NUMBERS
was carried out in a
merchant’s premises to
commit retail theft.
Increased
penalties
Increases penalty
enhancements for
property crimes for
up to 4 years and
allows the court to
impose
enhancements
with another single
count.
Increases penalty
enhancements for resale
of property or stolen
property in the
commission of a felony for
up to 4 years and allows
the court to impose
enhancements with
another single count. No
changes to Proposition
47. AB 1960 (Rivas)*;
SB 1416
(Newman)
Multijurisdictional
offenses
Does not address
this issue.
Allows local jurisdictions to
file charges that deal with
offenses across county
lines.
AB 1779 (Irwin)
Organized retail
theft
Several provisions
related to acting in
concert and
increasing
penalties for
organized retail
theft. However, it
does not address
the sunset date of
the statute. (Does
not amend the
same code section
as the legislative
bills).
Removes the sunset
clause on the organized
retail theft statute.
AB 1802 (JonesSawyer);
SB 982 (Wahab)
Police ability to
arrest
Does not address
this issue.
Provides that under
certain circumstances
police can arrest without
a warrant.
AB 2943 (Zbur)
Probation Does not address
this issue.
Provides that the term of
probation for shoplifting
or petty theft would be
two years.
AB 2943 (Zbur)
Repeat
offenders
An offender with
two prior
convictions of
petty theft or
shoplifting can be
Creates a new crime for
shoplifting which can be
charged as a felony but
does not change the
threshold amount of $950.
AB 2943 (Zbur)
PROVISION PROPOSITION 36 LEGISLATIVE PACKAGE
(NO AMENDMENTS TO
PROPOSITION 47)
RELEVANT BILL
NUMBERS
charged with a
felony regardless of
value. Amends
Proposition 47.
Restraining
orders
Does not address
this issue.
Creates the Retail Theft
Restraining Order for
repeated attempts of
shoplifting which can be
requested by city
attorneys, retailers, or
district attorneys.
AB 3209
(Berman)
Retailers –
nuisance
action
Does not address
this issue.
Prohibits local
government and law
enforcement from
threatening or filing
nuisance complaints
against retailers for
reporting crime.
AB 2943 (Zbur)
*AB 1960 (Rivas) is currently pending on the Governor’s desk.
City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: FAIR SHARE AGREEMENT AND MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF YUCAIPA
MEETING DATE: October 21, 2024
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council:
1. Approve the Fair Share Agreement and Memorandum of Understanding for the County Line Road/Interstate 10 Freeway Interchange Interim Traffic Signal Project between the City of Calimesa and the City of Yucaipa.
2. Authorize the Mayor to execute the Agreement on behalf of the City of Calimesa.
BACKGROUND: In October 2020, the City of Calimesa approved the RV Fueling Project (DPR 19- 04/CUP19-05/CUP 19-06) at 7th Place and County Line Road. The RV Fueling Project involves two phases. The first phase is complete and operational, with a convenience store and RV fuel canopy, and the second phase is a one drive-through retail pad that is to be developed and constructed in the future. Condition of Approval 7.04 for the RV Fueling Project required the design and construction of interim traffic signals at the eastbound and westbound on/off ramps of Interstate 10 and County Line Road prior to the second phase of the RV Fueling Project, with the possibility of fair share reimbursements from other projects that have an impact on the interchange.
In July 2022, the Yucaipa Planning Commission approved a Conditional Use Permit for an approximately 363,000 square foot warehouse (Case No. 21-138 CUP/ARC). A warehouse is an allowed use under Yucaipa’s Freeway Corridor Specific Plan approved in 2008. The Warehouse Project Conditional of Approval No. 122 requires the Warehouse Project to construct interim signals at the eastbound and westbound on/off ramps of Interstate 10 and County Line Road, prior to the issuance of a certificate of occupancy, since the Warehouse Project will use the County Line Road interchange to access Interstate 10.
Since the Warehouse Project will be completed and ready for occupancy before Phase 2 of the RV Fueling Project, the warehouse developer will construct the interim signal. The Warehouse Project Condition of Approval No. 122 also provides that the RV Fueling Project will contribute up to 25% of the cost of the signal, with Phase 1 paying 13% of the cost and Phase 2, if it is constructed, contributing 12% of the cost. Calimesa has the 13% cost share held in deposit, based on an estimated total cost of $1,200,000.
DISCUSSION: Since projects from each city will be contributing to the traffic signals, the cities have been negotiating a Fair Share Agreement and Memorandum of Understanding outlining the expectations of each city and their respective projects. This Agreement not only outlines the expectations for the approved project, but also the expected conditions for future projects that will impact the interchange.
An important aspect of the Agreement is that the Calimesa shall not be obligated to contribute any funds to the costs incurred in connection with the interim signals. Both cities agree that they shall inform the other of any development applications that will impact the I-10/County Line Road interchange, and that said development will be required to contribute a fair share of costs toward the Interim Signal Project as a condition of approval. Neither city can issue a certificate of occupancy to any impacting project until the interim signals are complete and operational.
The Interim Signal Project plans have been submitted to Caltrans for review and approval by the Warehouse Project developer and approval is currently pending. Initially, the developer submitted plans for temporary signals that hang from wires. However, Caltrans does not allow these types of signals beyond a 12-month period. The City of Calimesa also did not agree with the usage of such signals. Since there will be additional time needed to design and order a traditional signal configuration, which includes steel mast arms and underground electrical conduit, and the developer was not aware of the Caltrans requirements previously, Caltrans agreed that temporary signals can be utilized once plans for the permanent signals are approved. Additionally, the developer is required to post performance bonds for the permanent signals to ensure they are constructed in a timely manner.
The traffic signals are an interim solution, similar to the Cherry Valley Blvd. interchange, as we intend to improve the interchange to an ultimate configuration. A future agreement between the cities of Calimesa and Yucaipa will address how the costs for the ultimate improvements will be shared among the cities and future developments.
Staff is recommending that the City Council approve the Fair Share Agreement and Memorandum of Understanding between the cities of Calimesa and Yucaipa. If the City Council approves this Agreement, Yucaipa will follow suit in short order.
FISCAL IMPACT: None.
ATTACHMENTS:
Attachment A: Fair Share Agreement and Memorandum of Understanding
FAIR SHARE AGREEMENT AND MEMORANDUM OF UNDERSTANDING
COUNTY LINE RD/INTERSTATE 10 FREEWAY INTERCHANGE
INTERIM TRAFFIC SIGNAL PROJECT
This Memorandum of Understanding (MOU) is made and entered into this __ day of _______, 2024, by the City of Calimesa, a California municipal corporation (“Calimesa”) and the City of Yucaipa, a California municipal corporation (“Yucaipa”).
RECITALS
WHEREAS, the Cities of Calimesa and Yucaipa (collectively referred to as the “Cities” or “Parties” and individually as “City” or “Party”) recognize the current and future potential development of the properties adjacent to the existing County Line Road/Interstate 10 Freeway Interchange (“Interchange”) and the associated vehicular traffic generated by those developments that will use the Interchange as the primary or secondary access to the I-10 Freeway; and WHEREAS, the Cities plan to collaborate to improve the Interchange to its ultimate condition (“Ultimate Interchange Improvements”); and
WHEREAS, The Ultimate Interchange Improvements will not be constructed for several years, and thus an Interim Signal Project is needed; and WHEREAS, the estimated cost of the design, permitting and construction of the Interim Signal Project is estimated to be in the amount of $1,200,000; and WHEREAS, on October 12, 2020, Calimesa approved the development of the 7th Place and County Line Road RV Fueling and Retail Project (“RV Fueling Project” or “DPR 19-04/CUP 19- 05/CUP 19-06”), with the Interchange serving as the primary access to the I-10 Freeway. The RV Fueling Project is to be constructed in two phases, with the first phase (RV Fuel canopy), completed prior to the execution of this agreement, and the second phase (one drive-through retail pad) to be developed, constructed and opened in the future; and WHEREAS, the RV Fueling Station Project includes a condition of approval [Exhibit A] requiring the design and construction of interim traffic signals at the intersection of County Line Road & the Eastbound on/off ramps and the intersection of County Line Road & the Westbound on/off ramps (“Interim Signal Project”) to mitigate additional traffic caused by the development of the RV Fueling Project and to be 100% funded and constructed by the developer of the RV Fueling Project (with the possibility of fair share reimbursement – see Exhibit A) prior to completion of the second phase of the RV Fueling Project; and WHEREAS, under no circumstances shall Calimesa be obligated to contribute any funds to the costs incurred in connection with the Interim Signal Project; and WHEREAS, on July 6, 2022, Yucaipa approved the development of the Transwestern Development Warehouse Project (“Warehouse Project” or “Case No. 21-138 CUP/ARC”), with the Interchange serving as the primary access to the I-10 Freeway; and Attachment 10A
WHEREAS, Condition of Approval No. 122 [Exhibit B] of the Warehouse Project provides that if the Ultimate Interchange Improvements have not been completed prior to the development and construction of the Warehouse Project, the Warehouse Project shall design, apply for and receive all necessary permits, and install the Interim Signal Project in collaboration with the RV Fueling Project. Condition of Approval No. 122 further provides that the Warehouse Project’s initial fair share contribution of the total cost of the Interim Signal Project shall be 100% of the total cost (net of 87% after reimbursement associated with Phase 1 of the RV Fueling station project) and the RV Fueling Station’s fair share cost shall be 13% for Phase 1 and capped at 25% of the total cost, only if and when Phase 2 moves forward will the remaining 12% be paid; and WHEREAS, pursuant to Exhibit B, “To ensure efficient access from the Project and the RV Fueling Project to the I-10 Interchange, should a multi-way stop, traffic signal or other circulation improvements be necessary and warranted at the County Line Road and County Line Lane intersection to support any substantive changes in traffic volumes, based on a traffic analysis reviewed and approved by the City of Yucaipa, the Warehouse Project would be responsible for 100% of the cost of such improvements.” Yucaipa will provide Calimesa the opportunity to also review and approve said traffic analysis; and
WHEREAS, Cities recognize future unentitled potential development projects in each city, planning to use the Interchange as the primary or secondary access to the I-10 Freeway, should also provide an “up-front” fair share contribution for the total cost of the Interim Signal Project; and
WHEREAS, the future unentitled potential development projects’ “up-front” fair share contribution for the total cost of the Interim Signal Project shall be paid prior to the issuance of a building permit, to the developer which designed and constructed the Interim Signal Project (either the RV Fueling Project or the Warehouse Project); and
WHEREAS, the Cities of Yucaipa and Calimesa will mutually benefit from the construction of the Interim Signal Project.
NOW, THEREFORE, in consideration of the mutual promises contained herein including recitals, it is agreed by the Cities as follows:
SECTION I. The above recitals are hereby incorporated by this reference.
SECTION II. OBLIGATION OF BOTH CITIES
A. Both Parties agree to cooperate in a joint effort to facilitate the design, permitting and construction of the Interim Signal Project by the Warehouse Project developer in an efficient manner to the benefit of results to both communities.
B. Both Parties agree to cooperate in a joint effort to require unentitled private land development projects utilizing the Interchange as the primary or secondary access to the I-10 Freeway to pay their “up-front” fair share contribution for the Interim Signal Project if all of the following criteria are met:
i. Land development projects generating more than 200 daily vehicle trips using rates from the latest edition of the ITE’s Trip Generation Manual; or ii. Land development projects adding 21 or more trips during either the AM or PM peak hours to the County Line Road & I-10 Freeway Westbound on/off ramp intersection or the County Line Road & I-10 Freeway Eastbound on/off ramp intersection.
This requirement will be identified and included in the conditions of approval applied to the entitlement approval of such land development projects. Land development projects include projects to be entitled prior to traffic signal construction and projects entitled within 90 days after the completion of the Interim Signal Project. iv. Neither Party will issue a certificate of occupancy for any land development project identified in Section II.B (above) until the Interim Signal Project has been completed.
C. If required by Caltrans during permit application review, both parties agree to consider and coordinate with Caltrans in a joint effort to determine if another Caltrans approved intersection improvement providing equivalent enhancements to the intersections’ level of service can be constructed in lieu of the Interim Signal Project.
D. Both Parties agree to negotiate and consider a separate agreement for the preparation of the Ultimate Interchange Improvements.
SECTION III. OBLIGATIONS OF YUCAIPA
A. Yucaipa shall notify Calimesa when a complete application has been received for the entitlement of a land development project that meets the criteria presented in Section IIB of this agreement.
B. Yucaipa shall determine the fair share contribution amount for the Interim Signal Project to be paid by each land development project based on the traffic impact analysis and provide such information to Calimesa for review and concurrence.
SECTION IV. OBLIGATIONS OF CALIMESA
C. Calimesa shall notify Yucaipa when a complete application has been received for the entitlement of a land development project that meets the criteria presented in Section IIB of this agreement.
D. Calimesa shall determine the fair share contribution amount for the Interim Signal Project to be paid by each land development project based on the traffic impact analysis and provide such information to Yucaipa for review and concurrence.
SECTION V. MISCELLANEOUS
A. Notices. All notices, demands, requests, consents, approvals, or communications from one Party to another shall be personally delivered or sent by facsimile or e-mail to the persons
set forth below and shall be deemed given one (1) business day after it is sent. Alternatively, it shall be deemed given five (5) calendar days after deposit in the United States mail, certified and postage prepaid, return receipt requested, and addressed as follows, or at such other address as either Party may from time to time specify to the other parties in writing:
To Calimesa: City of Calimesa
908 Park Avenue
Calimesa, California 92320
Attn: City Manager
Fax: 909.795.4399
E-mail: [email protected]
To Yucaipa City of Yucaipa
34272 Yucaipa Boulevard
Yucaipa, California 92399
Attn: City Manager
Fax: 909.790.9203
E-mail: [email protected]
The Parties agree to accept facsimile or scanned signed documents and agree to rely upon such documents as if they bore original signatures. Each Party agrees to provide to the other parties, within seventy-two (72) hours after transmission of such a facsimile or scan, the original documents that bear the original signatures.
B. Amendment. This Agreement may not be modified or amended, nor any provision or breach waived, except with approval of both Parties in a writing signed by both Parties which expressly refers to this Agreement.
C. Venue. The venue of any action or claim brought by any Party to this Agreement shall be either the Superior Court of California, County of San Bernardino, San Bernardino District, or the Superior Court of California, County of Riverside. If any action or claim concerning this Agreement is brought by any third-party and filed in another venue, the Parties hereto agree to use their best efforts to obtain a change of venue to either the Superior Court of California, County of San Bernardino, San Bernardino District, or the Superior Court of California, County of Riverside.
D. Neutral Interpretation. Cities have each cooperated in the drafting and preparation of this Agreement and in any construction to be made of this Agreement, the same shall not be construed against either Party to this Agreement in the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein.
E. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument.
F. Term. This Agreement shall terminate ninety (90) days after completion of the Interim Signal Project and acceptance of the final accounting of the fair share contributions by both Cities in writing. After final accounting approvals by both cities, no new land development projects will be required to contribute.
G. Applicable Law. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California.
SECTION VI. MUTUAL INDEMNIFICATION
Neither Party to this Agreement nor officers nor employees thereof shall be responsible for any claim, lawsuit, damage or liability occurring by reason of anything done or omitted to be done by the other Party to the Agreement under or in connection with any work, authority, or jurisdiction not delegated to the parties under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, each Party shall fully defend, indemnify and hold the other Party harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done under or in connection with work, authority, or jurisdiction of that Party under this Agreement.
SECTION VII. ATTORNEYS FEES. In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement, the prevailing Party shall, in addition to any other costs and relief, be entitled to reasonable attorney’s fees. Both Parties agree to submit any unresolved issues to binding arbitration, upon terms to be negotiated and agreed upon between the Parties.
IN WITNESS THEREOF, the parties hereto have authorized this Agreement to be executed by their respective officials thereunto duly authorized.
ATTEST: CITY OF CALIMESA
A Municipal Corporation
Darlene Gerdes, City Clerk Date Mayor Date
ATTEST:
CITY OF YUCAIPA
A Municipal Corporation
Ana Sauceda, City Clerk Date City Manager Date
EXHIBIT A
RV Fueling Project Condition of Approval 7.04 (PC Resolution 2020-02) (Calimesa):
MM TIA-1: The proposed project shall implement the following intersection improvements prior to issuance of certificate of occupancy for Phase 2 development:
• I‐10 Southbound Ramps (NS) at County Line Road (EW) – #6 - Install a traffic signal • I‐10 Northbound Ramps (NS) at County Line Avenue (EW) – #7 - Install a traffic signal The City of Calimesa and California Department of Transportation (Caltrans) plan to install roundabouts at both of these ramp intersection locations. The anticipated installation of these roundabouts is Year 2023. Roundabouts at this freeway interchange were analyzed for all future traffic scenarios. Traffic signal installation would be a temporary measure until the roundabouts are constructed, with feasibility and necessity to be determined by the City of Calimesa and Caltrans.
Traffic signal installation as an interim mitigation measure would be required to mitigate project impacts. The project may be eligible for a reimbursement agreement for construction of these improvements. The reimbursement agreement shall take in account the project’s fair share contribution and payment of other fees for the impacted intersections.
EXHIBIT B
Warehouse Project (Case No. 21-138 CUP/ARC) Condition of Approval No. 122 (Yucaipa):
If the ultimate I-10 interchange improvement project has not been completed, Project shall be responsible for the design, permitting, and installation of interim traffic signals at the intersections of I-10 SB Ramps/County Line Road and I-10 NB Ramps/County Line Road (Interim Signal Project) in collaboration with the 7th Street & County Line Road RV Fueling & Retail Project (RV Fueling Project) in the City of Calimesa. If the RV Fueling Project installs the Interim Signal Project, the Project will provide a maximum “up-front” fair share contribution of 75% to the Interim Signal Project. If the Project installs the Interim Signal Project, the RV Fueling Project will pay a maximum of 25% of the “up-front” cost of the Interim Signal Project, which is estimated to be $1,200,000 based on the RV Fueling Project traffic impact analysis. However, the ultimate fair share amounts will be based on both cities requiring a fair share reimbursement to the development project (Project or RV Fueling Project) constructing the Interim Signal Project from those other development projects using the County Line/I-10 Interchange as their primary or secondary access to the I-10 Freeway prior to the completion of the ultimate interchange improvements. The fair share reimbursement for those other development projects will be incorporated in a Memorandum of Understanding (MOU) between the City of Calimesa and the City of Yucaipa and will require the fair share reimbursement be paid prior to the issuance of a building permit. The City of Calimesa and the City of Yucaipa will prepare the MOU that provides the schedule, cost of the Interim Signal Project, and fair share contribution of each development project to the Interim Signal Project or another Caltrans approved intersection improvement that provides equivalent enhancement to the intersections’ levels of service. The Interim Signal Project plans must be completed and submitted to Caltrans prior to issuance of building permits. The Interim Signal Project must be operational prior to certificate of occupancy. To ensure efficient access from the Project and the RV Fueling Project to the I-10 Interchange, should a multi-way stop, traffic signal or other circulation improvements be necessary and warranted at the County Line Road and County Line Lane intersection to support any substantive changes in traffic volumes, based on a traffic analysis reviewed and approved by the City of Yucaipa, the Transwestern project would be responsible for 100% of the cost of such improvements.