Calimesa City Council
December 2, 2024

Regular Meeting of the Calimesa City Council
Monday December 2, 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.

Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, December 2, 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 December 2, 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 – 12)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of November 18, 2024 regular meeting

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

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $311,497.36 (Check Nos. 42779 to 42835). b) November 21, 2024 Payroll of $132,154.83

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

5. 2ND READING OF ORDINANCE NO. 404 - AN ORDINANCE OF THE CITY OF CALIMESA AMENDING TITLE 8 (HEALTH & SAFETY) OF THE CALIMESA MUNICIPAL CODE BY ADDING CHAPTER 8.65 SHOPPING CARTS AND LAUNDRY CARTS THERETO AND

FINDING THAT THIS ORDINANCE 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. 404, An Ordinance Of The City Of Calimesa Amending Title 8 (Health & Safety) Of The Calimesa Municipal Code By Adding Chapter 8.65 Shopping Carts And Laundry Carts Thereto, And Finding That This Ordinance Is Exempt From The California Environmental Quality Act Pursuant To CEQA Guidelines Section 15061(B)(3).

6. 2ND READING OF ORDINANCE NO. 405 - AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING A NEW CHAPTER 9.70 REGARDING THE PROHIBITION AGAINST CERTAIN

CONDUCT ON PUBLIC PROPERTY OPEN TO THE PUBLIC AND FINDING THAT THIS

ORDINANCE 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. 405, An Ordinance Of The City Of Calimesa Adopting A New Chapter 9.70 Regarding The Prohibition Against Certain Conduct On Public Property Open To The Public And Finding That This Ordinance Is Exempt From The California Environmental Quality Act Pursuant To Ceqa Guidelines Section 15061(B)(3).

Regular Meeting of the Calimesa City Council
Monday December 2, 2024

7. CROWN CASTLE CELL TOWER LEASE EXTENSION PROPOSAL
RECOMMENDATION: That the City Council approve the Second Amendment to the Communications Site Lease Agreement with Option between the City of Calimesa and Crown Castle for the Cell Tower located on City property.

8. APPLICATION FOR COUNTY OF RIVERSIDE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR CITY OF CALIMESA 2025-2026 COOPERATING CITY ALLOCATION.

RECOMMENDATION: That the City Council approve the application requesting County of Riverside Community Development Block Grant Program (CDBG) Application for City of Calimesa 2024-2025 Cooperating City Allocation for the construction of Americans with Disabilities (ADA) sidewalk extension improvements north of the Calimesa Library.

9. FOURTH AMENDMENT TO AGREEMENT FOR 6TH CYCLE HOUSING ELEMENT UPDATE

CONSULTING SERVICES BETWEEN THE CITY OF CALIMESA AND KIMLEY-HORN AND ASSOCIATES, INC (“CONSULTANT”).

RECOMMENDATION: That the City Council:
a. Approve the Fourth Amendment for 6th Cycle Housing Element update consulting services between the City of Calimesa and Kimley-Horn Associates, Inc. and authorize the Mayor to execute the Agreement.
b. Adopt Resolution No. 2024-62, A Resolution of the City Council of the City of Calimesa, California amending the FY24-25 Budget to include an adjustment in the Community Development Department(Planning, Building & Safety, Code Enforcement) Professional Services Account in the General Fund..

10. ANNUAL REPORT AND FIVE-YEAR REPORT REGARDING DEVELOPMENT IMPACT FEES.

RECOMMENDATION: That the City Council receive and file this Annual Report regarding developer impact fees (hereinafter referred to as DIF) and make the findings listed.

11. SPECIAL TAX AND BOND ACCOUNTABILITY REPORTS FOR PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1, COMMUNITY FACILITIES DISTRICT NO. 2012- 1(SINGLETON HEIGHTS), COMMUNITY FACILITIES DISTRICT NO. 2013-1(JP RANCH) AND COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) FOR FISCAL YEAR 2023-24.

RECOMMENDATION: That the City Council receive and file Special Tax and Bond Accountability Reports for Fiscal Year 2023-24.

12. CITY OF CALIMESA SALES TAX UPDATE – 2Q 2024(April – June) RECOMMENDATION: That the City Council receive and file the Sales Tax update for 2Q – 2024 (April -June).

SHERIFF CAPTAIN REPORT

FIRE CHIEF REPORT

Regular Meeting of the Calimesa City Council
Monday December 2, 2024

BUSINESS ITEMS

13. RESOLUTION NO. 2024-63 APPROVING AMENDMENT NO. 2 TO CITY MANAGER’S EMPLOYMENT AGREEMENT TO EXTEND THE TERM FOR TWO YEARS, PROVIDE COSTOF-LIVING ADJUSTMENTS AND INCREASE THE CITY’S CONTRIBUTION TO HEALTH INSURANCE.

RECOMMENDATION: That the City Council adopt Resolution No. 2024-63 amending the City Manager’s employment agreement to increase City Manager Will Kolbow’s base salary by 3.0% per year over the next two years; extend the term of the agreement until November 27, 2027; and increase the City contribution to Mr. Kolbow’s health insurance.

14. AMENDING THE CALIMESA MUNICIPAL CODE CHAPTER 8.45 FIREWORKS AND ADDING

THE PARAMETERS FOR OPEN AND OUTDOOR BURNING WITHIN THE CALIMESA MUNICIPAL CODE CHAPTER 8.60.

RECOMMENDATION: That the City Council adopt first reading by title only the following Ordinances:

1. ORDINANCE NO 406, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA AMENDING THE CALIMESA MUNICIPAL CODE CHAPTER 8.45 REGULATING TO FIREWORKS.

2. ORDINANCE NO. 407, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA ADOPTING AMENDMENTS TO THE 2022 EDITION OF THE CALIFORNIA FIRE CODE RELATED TO OPEN AND OUTDOOR BURNING AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE REGARDING THE SAME.

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

CITY MANAGER COMMENTS & REPORTS

ADJOURNMENT
Adjourn to the Special Meeting of the City Council on Tuesday, December 10, 2024 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: December 2, 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 November 18, 2024.

ATTACHMENTS:

Attachment A: City Council action minutes of November 18, 2024 regular meeting.

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

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: December 2, 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 $311,497.36 (Check Nos.42779-42835) b) November 21, 2024 Payroll of $132,154.83

City Council Meeting
Agenda Report
Agenda Item No. 4
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
OCTOBER 31,2024
MEETING DATE: December 2, 2024
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended October 31, 2024.

BACKGROUND: Pursuant to Council Resolution No. 2024-60 approved on November 4, 2024, 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. 2024-60. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets.

Significant transactions during the month include quarterly LAIF July through September 2024, interest earnings of $320,088 on October 14, 2024, and $500,000 transfer from the LAIF Investment account to the General Fund checking account.

FISCAL IMPACT: Revenue of $ 329,576 of interest and dividend earnings was recognized for the LAIF, CFD and Successor Agency funds.

ATTACHMENTS:

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

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: 2
ND READING OF ORDINANCE NO. 404 - AN ORDINANCE OF
THE CITY OF CALIMESA AMENDING TITLE 8 (HEALTH &

SAFETY) OF THE CALIMESA MUNICIPAL CODE BY ADDING
CHAPTER 8.65 SHOPPING CARTS AND LAUNDRY CARTS

THERETO, AND FINDING THAT THIS ORDINANCE IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3).

MEETING DATE: December 2, 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. 404, AN ORDINANCE OF THE CITY OF CALIMESA AMENDING TITLE 8 (HEALTH & SAFETY) OF THE CALIMESA MUNICIPAL CODE BY ADDING CHAPTER 8.65 SHOPPING

CARTS AND LAUNDRY CARTS THERETO, AND FINDING THAT THIS ORDINANCE IS EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
ATTACHMENTS:

Attachment A: Ordinance No. 404

1 ORDINANCE NO. 404
AN ORDINANCE OF THE CITY OF CALIMESA AMENDING TITLE 8 (HEALTH & SAFETY) OF THE CALIMESA MUNICIPAL CODE BY ADDING CHAPTER 8.65

SHOPPING CARTS AND LAUNDRY CARTS THERETO, AND FINDING THAT THIS

ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)

RECITALS
A. The California Legislature has found that the retrieval by local government agencies of shopping carts specified in California Business and Professions Code § 22435.7 is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by § 22435.7.

B. The California Business and Professions Code authorizes cities to enact regulations regulating shopping carts.

C. Pursuant to state law, the Calimesa City Council desires to enact regulations regulating shopping carts and laundry carts.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA ORDAINS AS FOLLOWS:

Section 1. The Calimesa City Council hereby amends Title 8 (Health & Safety) of the Calimesa Municipal Code by adding Chapter 8.65 to read as follows:
“Chapter 8.65

SHOPPING CARTS AND LAUNDRY CARTS
Sections:

8.65.010 Declaration of public nuisance.

8.65.020 Definitions.

8.65.030 Use.

8.65.040 Possession.

8.65.050 Removal.

8.65.060 Abandonment.

8.65.070 Need to identify shopping and laundry carts.

8.65.080 Alteration.

8.65.090 City retrieval of shopping carts.

8.65.100 Removal and disposal of damaged carts.

8.65.110 Unlawful Acts.

8.65.120 Cart Containment Plan

8.65.010 Declaration of public nuisance.

Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. Likewise, dry cleaning establishments may provide laundry carts to its customers. However, shopping carts and laundry carts removed from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public.

2 The proliferation of lost, stolen or abandoned shopping carts on public and private sidewalks, streets, parking lots and other areas interfere with pedestrian and vehicular traffic on public and private streets and impedes emergency services. For the aforesaid reasons, the City Council hereby declares such lost, stolen or abandoned shopping carts to be a public nuisance which shall be subject to abatement in the manner set forth in this Chapter or in any other manner provided by law.

8.65.020 Definitions.

Consistent with Business and Professions Code Section 22435, the following terms shall have the following meanings:
“Carts”: both shopping carts and laundry carts.
“Laundry cart”: a basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them.
“Parking area”: a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle.
“Shopping cart”: a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind.

8.65.030 Use.

No person shall use any shopping cart, laundry cart or other similar device for any purpose other than that intended by the owner of such cart or device.

8.65.040 Possession.

No person shall have in his possession any shopping cart, laundry cart or other similar device which has been removed from the premises of any business establishment operated by the owner of such cart or similar device and which has permanently affixed to it a sign identifying it as belonging to the operator of a business establishment and a notification to the effect that such cart or device is not to be removed from the premises of such establishment.

8.65.050 Removal.

No person shall remove any shopping cart, laundry cart or other similar device from the premises or parking area of any business establishment if such shopping cart, laundry cart or other similar device has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment and a notification to the effect that such cart or device is not to be removed from the premises.

8.65.060 Abandonment.

No person shall abandon or leave any shopping cart, laundry cart or other similar device which has been removed from the owner’s premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of such cart or device.

3 8.65.070 Identification of shopping and laundry carts.

The operator of a commercial establishment which has available to the customers thereof shopping or laundry carts shall permanently affix to said carts a sign that provides the following:

A. The name and address of the owner of the cart or the retailer which uses the cart in its business operations, or both;
B. The procedure to be utilized for the authorized removal of the cart from the premises;
C. Notification that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law.

D. The telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.

8.65.080 Alteration.

No person shall alter, convert or tamper with any shopping cart, laundry cart, or other similar device or remove any part thereof.

8.65.090 City retrieval of shopping carts.

A. If a shopping cart has a sign affixed to it in accordance with Business and Professions Code Section 22435.1, the city may retrieve and impound the shopping cart in accordance with the provisions of Business and Professions Code Section 22435.7.

B. The city shall collect a fee in an amount established by resolution of the city council to cover the city’s retrieval and storage costs.

C. In addition to the fee established by subsection B of this section, the city may collect an administrative fine of fifty dollars from the owner of the cart for each occurrence in excess of three during a specified six-month period for failure to retrieve carts sold for salvage or otherwise disposed of in accordance with this section. An occurrence includes all carts impounded in a one-day period. The fine shall be established by resolution of the city council and imposed in accordance with subsection B of this section.

D. Exceptions.

1. Nothing in this section shall prevent the city from immediately retrieving any shopping cart from public or private property where the location of the shopping cart will impede emergency services.

2. Nothing in this section shall prevent the city from impounding any shopping cart without complying with the provisions of this section when the shopping cart is taken as evidence of a crime having been committed.

3. Nothing in this section shall prevent the city from immediately retrieving and disposing of any unattended shopping cart that does not have a sign affixed to it in accordance with Business and Professions Code Section 22435.1.

8.65.100 Removal and disposal of damaged carts.

The City may determine that a cart is damaged or in such poor condition that it may be immediately disposed of based upon the City’s determination that the shopping cart is inoperable, unsafe or that the cost of repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed or sold for salvage. The City shall give notice of this action to the owner, if the same can be determined. The owner shall not be liable for any cost for removal and abatement in such case.

4 8.65.110 Unlawful Acts.

A. Except as otherwise expressly provided in this Chapter, it shall be unlawful and a misdemeanor offense for any cart owner to provide or offer, or permit to be provided or offered, any shopping cart to a customer of the cart owner without a current and valid cart containment plan approved by the City as required by and in accordance with the provisions of this Chapter.

B. It is unlawful and a misdemeanor to do any of the following acts, if a shopping cart has a permanently affixed cart identification sign:

1. To temporarily or permanently remove a shopping cart from the business premises or the parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed 24 hours.

2. To be in possession of a shopping cart that has been removed from the business premises or parking area of a business establishment without the express prior written approval of the cart owner or on-duty manager of the business establishment unless it is in the process of being immediately returned to the owner or business establishment.

3. To abandon or leave any shopping cart upon any public street, alley, sidewalk, parkway, or other public place nor upon any private property except that of the business premises of the cart owner.

4. To alter, convert, tamper with, or remove any part (including, but not limited to, cart identification sign or physical devices designed to lock or disable the wheels of a cart) from any shopping cart which has a permanently affixed cart identification sign.

This Subsection B shall not apply to carts that are removed for the purposes of repair or maintenance that has been authorized by the cart owner.

C. Failure to comply with any portion of this Chapter may subject the violator to any civil, criminal, or administrative remedies, as provided by law. The City may fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this Chapter.

An occurrence includes all shopping carts impounded in accordance with this section in a oneday period.

8.65.120 Cart Containment Plan.

To prevent customers from removing carts from the business premises, each cart owner shall develop, implement, and comply with the provisions of a written cart containment plan approved by the City pursuant to written rules and procedures developed by the City. The cart containment plan shall be posted at or near the entrance of the business premises. The cart containment plan shall include the following elements and a detailed description of how they will be implemented:

A. Physical Measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. This shall include one or more of the following:

5 1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts.

2. Any other measure approved by the Director of Public Works as a means to contain carts on premises.

B. Cart Identification Sign. Every cart owner shall ensure that every shopping cart has a sign permanently affixed to it that contains, at a minimum, the following information:

1. Identification of the owner of the cart or the retailer, or both;

2. Notification to the public of the procedure to be utilized for authorized removal of the cart from the premises;

3. Notification to the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law and the Calimesa Municipal Code; and

4. A valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer.

C. Cart Removal Warning Required. Every cart owner shall post and maintain cart removal warnings on the business premises, which meet all of the following minimum specifications:

1. Meet or exceed 18 inches in width and 24 feet in height.

2. Using block lettering not less than one-half inch in width and two inches in height, contain a statement to the effect that unauthorized removal of a shopping cart from the business premises, or possession of a shopping cart in a location other than on the business premises, is a violation of State law and City ordinance.

3. List a local or toll-free telephone number for cart retrieval.

4. Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet of all customer entrances and exits.

5. The sign regulations set forth in Chapter 18.50 shall not apply to cart removal warnings on the exterior of the building. ”
Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council hereby finds that this Ordinance 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. This Ordinance merely provides regulations of carts.

Section 3. 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.

6 INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 18th day of November.

AYES: Cervantez, Davis, Hewitt, Manly and Molina
NOES: None
ABSENT: None
ABSTAIN: None
PASSED, APPROVED and ADOPTED upon the following vote this 2 nd day of December
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. 6
SUBJECT: 2
ND READING OF ORDINANCE NO. 405 - AN ORDINANCE OF
THE CITY OF CALIMESA ADOPTING A NEW CHAPTER 9.70

REGARDING THE PROHIBITION AGAINST CERTAIN CONDUCT

ON PUBLIC PROPERTY OPEN TO THE PUBLIC AND FINDING

THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA
GUIDELINES SECTION 15061(B)(3).

MEETING DATE: December 2, 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. 405, AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING A NEW CHAPTER 9.70

REGARDING THE PROHIBITION AGAINST CERTAIN CONDUCT ON PUBLIC PROPERTY

OPEN TO THE PUBLIC AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3).

ATTACHMENTS:

Attachment A: Ordinance No. 405

1 ORDINANCE NO. 405

AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING A NEW
CHAPTER 9.70 REGARDING THE PROHIBITION AGAINST CERTAIN

CONDUCT ON PUBLIC PROPERTY OPEN TO THE PUBLIC AND

FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3)

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

Section 1. A new Chapter 9.70 (Prohibition Against Certain Conduct on Public Property and Property Open to the Public), is hereby added to Title 9 (Public Peace, Morals and Welfare) of the Calimesa Municipal Code to read as follows:
“CHAPTER 9.70

PROHIBITION AGAINST CERTAIN CONDUCT ON PUBLIC PROPERTY AND

PROPERTY OPEN TO THE PUBLIC
§ 9.70.010. Purpose.

The public areas within the city, including streets, sidewalks, parks, public building and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for overnight camping purposes and the use of those areas for the purposes of certain well defined types of loitering interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended. Such camping and defined loitering activity and their attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas.

The city's streets, sidewalks, parking lots, parks and other public areas are intended for daytime use by the general public, not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping in these public areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover, the proliferation of lost, abandoned, or stolen shopping carts and other personal property around the city results in the obstruction of free access to sidewalks, streets, parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services.

A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the city, in a clean, sanitary and accessible condition. A further purpose of this chapter is to protect the health, safety and welfare of the community, while recognizing that, subject to reasonable conditions,

2 camping and camping facilities associated with certain events can be beneficial to the cultural and educational well-being of the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. § 9.70.020. Definitions.

As used in this chapter, the following terms shall have the following meanings:
"Business establishments" mean retail stores, food markets, theaters, restaurants, drivein restaurants, gasoline service stations, bars, hotels, motels, or any other establishment which is open to and provides the public with any goods or services. "Camp" means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia.
"Camp facilities" mean all temporary shelters, including, but not limited to, tents, huts, yurts, vehicles, vehicle camping outfits or temporary shelters. "Camp paraphernalia" means items including, but not limited to, bedrolls, air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar equipment. "Planning Director" means the planning director or designee. "Dwelling" means more than one of the following activities and when it reasonably appears, in light of all the circumstances, that a person is using a vehicle as a place of residence or accommodation: (1) Possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, tarps, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, containers of bodily fluids; or (2) obscuring some or all of the vehicle's windows; or preparing or cooking meals inside or on a vehicle; or sleeping inside a vehicle.
"Establish" means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities.
"Maintain" means to keep or permit equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. "Operate" means to participate or assist in establishing or maintaining a camp or camp facility.
"Private property" means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land.
"Public property" means any real or personal property owned or controlled by the city and includes, but is not limited to, any publicly owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the city and located within the city of Calimesa and such other publicly owned property for which the city is authorized by contract or permit to maintain.
"Street" means all streets, avenues, highways, lanes, alleys, ways, crossings or intersections, co- routes and cul-de-sacs.
§ 9.70.030. Unlawful camping.

It is unlawful and a public nuisance for any person to camp, establish, maintain, operate or occupy camping facilities, or use camp paraphernalia in the following areas:

3 A. Any public property, improved or unimproved, including, but not limited to, public streets and sidewalks, open space, and other property or any private property, improved or unimproved.

B. The prohibition set forth in this section does not apply to:

1. Mobile home parks and special occupancy parks operating in accordance with the Calimesa Municipal Code;

2. Camping on public or private property pursuant to a permit issued under Calimesa Municipal Code Section 9.70.040; and

3. Day use for lawful activities on public property pursuant to a permit issued under Calimesa Municipal Code Section 9.70.040.
§ 9.70.040. Camp permit regulations.

A. The city manager may promulgate regulations to establish a program pursuant to which a permit may be issued to establish, maintain and operate a camp or a camp facility, for overnight or day use, in connection with a special event. A special event is intended to include, but is not limited to, programs operated by departments of the city, events organized by nonprofit or community-based organizations, organized youth or school events, and sporting events. The regulations shall be published on the city's website. Regulations promulgated by the city manager shall have the same force and effect of law and become effective upon date of publication.

B. It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless a permit pursuant to this section has been issued. The permit shall be posted at all times in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located.
§ 9.70.050. Free passage shall not be hindered or obstructed.

A. No person or persons shall stand, sit, linger, idle, or loiter on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any business establishment or public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place.

B. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or city employee. § 9.70.060. Prohibited conduct on public property, monuments, and lawns.

No person shall:

A. Walk, stand, sit, or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street-tree planter, berm, utility cabinet, railing, fence, planter, stairwell, parking lot or parking structure, or upon any other public property not designed or customarily used for such purposes;

4 B. Walk, stand, sit, or lie upon any public lawn or planted area that is posted with signs that forbid such conduct; or
C. Walk, stand, or lie upon any public bench.
§ 9.70.070. Public urination and defecation prohibited.

No person shall urinate or defecate on private property in any area exposed to the public view, or on any public property, including public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency, except when using a urinal, toilet, or commode located in a bathroom, restroom, or other structure specifically designated for the purpose of urination and defecation.
§ 9.70.080. Prohibited conduct on private property.

The city council finds and determines that encampments located on private property have at least the same health, safety, and welfare concerns as encampments on public property and find the same to constitute a public nuisance. The city manager is authorized to promulgate all regulations necessary to provide for city clean-up and removal of encampments located on private property and for the recovery of all costs and expenses associated therewith consistent with the provisions of the Calimesa Municipal Code and applicable law. The regulations shall be published on the city's website. Regulations promulgated by the city manager shall have the same force and effect of law and become effective upon date of publication.
§ 9.70.090. Food distribution at public parks and public property.

A. Persons and groups who wish to routinely distribute free meals and other food to needy people in the city are encouraged to participate in programs which provide meals indoors in conjunction with other services intended to help needy people find housing and jobs. Information on how to participate in such programs may be obtained from the department of community services.

B. Any person or group that serves or distributes food to the public in city parks or on public property shall comply with the following regulations:

1. All applicable State and Riverside County health and safety standards regulating food service and distribution, including, but not limited to, the requirements of obtaining and displaying a valid permit from the Riverside County Department of Environmental Services, or its successor agency, for distributing food at a location approved by the city;

2. All applicable requirements of the Calimesa Municipal Code regarding the issuance of a vending permit, temporary use permit, or special event permit; and

3. All applicable requirements of the Calimesa Municipal Code regarding protection of park facilities and foliage and clean-up of parks and public areas.

C. No person shall distribute or serve food to the public on a public street or sidewalk without issuance of a city vending permit, temporary use permit, or event permit.

However, no permit or license shall be required for a noncommercial food distribution

5 that does not hinder or interfere with the free use of the sidewalk or street by pedestrian or vehicular traffic.
§ 9.70.100. Use of vehicles for dwelling restricted on city streets and public property.

A. No person shall use a parked vehicle for dwelling as follows:

1. Between the hours of nine p.m. and six a.m. on any street or public property in the city; or

2. At any time within a five hundred foot radius of any edge of a parcel or group of parcels containing a park or public or private school for children in grades between kindergarten and twelfth grade or a licensed pre-school or daycare facility.

B. Nothing herein precludes the enforcement of any other laws such as parking restrictions, including, but not limited to, prohibitions on overnight parking, storage of vehicles, littering, illegal discharge or dumping of materials, and parking for more than seventy-two hours.

C. The city manager may, in writing, suspend the enforcement of all or a portion of this section in designated locations in connection with special events or holidays.

D. The director of public works shall post signs at the entrances to the city describing such restrictions.
§ 9.70.110. Penalty—Enforcement.

A. Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.20 of Title 1 of the Calimesa Municipal Code. The violation may be charged as an infraction with the consent of the city attorney.

B. Administrative Citations. Any person who violates any provision of this chapter shall be guilty of violating the Calimesa Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.30 of Title 1 of the Calimesa Municipal Code.

C. Other Remedies. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 or Chapter 8.05 of the Calimesa Municipal Code.”
Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council hereby finds that this Ordinance 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. This Ordinance prohibits certain activities.

Section 3. Effective Date; Publication. This ordinance shall take effect 30 days after its final passage, and within 15 days after its passage, the City Clerk shall cause this ordinance or a summary hereof to be published and/or posted as required by law and by the City's ordinances and resolutions.

6 INTRODUCED AND PASSED UPON FIRST READING this 18th day of November 2024, by title only, upon the following vote:

AYES: Cervantez, Davis, Hewitt, Manly and Molina
NOES: None
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED this 2nd day of December 2024 upon the following vote:

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. 7
SUBJECT: CROWN CASTLE CELL TOWER LEASE EXTENSION PROPOSAL MEETING DATE: December 2, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the Second Amendment to the Communications Site Lease Agreement with Option between the City of Calimesa and Crown Castle for the Cell Tower located on City property.

BACKGROUND/DISCUSSION: The City of Calimesa entered into a lease agreement with TMobile in September 2010 for the cell tower built on City property located behind the City Hall and Sr. Center complex at 908 Park Avenue. The current lease has been extended for three additional 5-year terms and is due to expire 2025. The City of Calimesa received monthly rent payments from T-Mobile until 2013, at which time Crown Castle gained ownership of T-Mobile tower units. In December 2023, Crown Castle asked for a preliminary approval of a lease extension option by the City. At the December 18, 2023 meeting, City Council approved the preliminary extension option as follows:

Rent Reduction/Lease Extension/With Revenue Share Option ▪ $2,205.00 per month commencing on April 1, 2024
▪ 10% term (every five (5) years) escalation commencing on July 1, 2026 ▪ 30-year lease extension(new expiration of 7/11/2061)
▪ 15% revenue share on future co-location tenants.

Once the preliminary approval occurred, Crown Castle ensured that they would provide the City with a new lease agreement for Council consideration and approval at a future meeting. After completion and review by Crown Castle and the City’s legal Counsel, the second amendment to communications site lease agreement with option is ready for Council consideration and approval.

The Second Amendment to Communications Site Lease Agreement is attached as Attachment A for Council review and contains the terms as listed above with an additional requirement for the lessee(Crown Castle) to provide a Business Summary Report annually to the lessor(City) pursuant to a written request from the City. Secondly language was added regarding the payment of real estate taxes as follows:
“Lessor shall pay all real estate taxes on the Property. Lessee agrees to reimburse Lessor for any documented increase in real estate or personal property taxes levied against the Property that are

directly attributable to Lessee’s Facilities and/or Lessee’s use of the Premises. Lessor agrees to provide Lessee any documentation evidence of the increase and how such increase is attributable to Lessee’s use. Lessee reserves the right to challenge any such assessment, and Lessor agrees to cooperate with Lessee in connection with any such challenge. Notwithstanding any language in this Section to the contrary, Lessee shall not be obligated to reimburse Lessor for any applicable taxes, unless Lessor requests such reimbursement, and provides Lessee with documentation supporting any such payment(s), within one (1) year after the date such taxes became due.” Also attached as Attachment B is a Memorandum of Amendment to Communications Site Lease Agreement with Option that is required to be recorded by the Riverside County Recorder upon approval.

FISCAL IMPACT: The current lease amount is $3,294 per month. Although the lease extension reduces the monthly rent income, the current rent is unsustainable for the lessee and would likely lead to the termination of the lease at the end of the current term.

ATTACHMENTS:

Attachment A: Second Amendment to Communications site Lease Agreement with Option Attachment B: Memorandum of Amendment to Communications site Lease Agreement with option (to be recorded by Riverside County Recorder)

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 1

SECOND AMENDMENT TO

COMMUNICATIONS SITE LEASE AGREEMENT WITH OPTION

THIS SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT WITH OPTION (this “Second Amendment”) is dated and made effective as of the date of the last party to sign (“Effective Date”), by and between CITY OF CALIMESA, a California municipal corporation (“City” or “Lessor”), with a mailing address of 908 Park Avenue, Calimesa, California 92320, and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through CCTMO LLC, a Delaware limited liability company, its attorney in fact (“Lessee”), with a mailing address of 8020 Katy Freeway, Houston, Texas 77024.

RECITALS
WHEREAS, Lessor and T-Mobile West Corporation, a Delaware corporation (“Original Lessee”) entered into a Communications Site Lease Agreement with Option dated September 13, 2010 (the “Original Agreement”), whereby Original Lessee leased certain real property, together with access and utility easements, located in Riverside County, California from Lessor (the “Premises”), all located within certain real property owned by Lessor (the “Property”); and
WHEREAS, the Original Agreement was amended by that certain First Amendment to Communications Site Lease Agreement with Option dated July 5, 2012 (hereinafter the Original Agreement and all subsequent amendments are collectively referred to as the “Agreement” or “Lease”); and WHEREAS, T-Mobile West Tower LLC is currently the lessee under the Agreement as successor in interest to Original Lessee; and
WHEREAS, the Premises may be used for the purpose of constructing, maintaining and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements and structures and uses incidental thereto; and WHEREAS, the Agreement had an initial term that commenced on July 12, 2011 and expired on July 12, 2016. The Agreement provides for three (3) renewal terms of five (5) years each, the first two (2) of which have been exercised by Lessee. According to the Agreement, the final renewal term expires on July 12, 2031; and
WHEREAS, Lessor and Lessee desire to amend the Agreement on the terms and conditions contained herein.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are acknowledged, Lessor and Lessee agree as follows:

1. Recitals; Defined Terms. The parties acknowledge the accuracy of the foregoing recitals. Any capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement.

2. Term. The first sentence of the second paragraph of Section 5 of the Original Agreement, and only that sentence, is hereby deleted and the following is inserted in its place:
“Lessee shall have the right to extend the Term of this Agreement for nine (9) additional terms (each a “Renewal Term”) of five (5) years each.”

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 2
Lessor and Lessee hereby acknowledge that Lessee has exercised two (2) Renewal Terms, leaving a balance of seven (7) Renewal Terms, with the final Renewal Term expiring on July 12, 2061.

3. Rent Reduction. Commencing on April 1, 2024, the current Rent payable under the Agreement will be reduced to Two Thousand Three Hundred Five and 00/100 Dollars ($2,305.00) per month (“Rent Reduction”). Following the Rent Reduction, the monthly Rent will continue to adjust pursuant to Section 4 below.

4. Escalation. Commencing on July 1, 2026 and every five (5) years thereafter (each an “Adjustment Date”), the monthly Rent shall increase by an amount equal to ten percent (10%) of the monthly Rent in effect for the month immediately preceding the Adjustment Date. Such Rent escalations shall replace any Rent escalations currently in the Agreement.

5. Revenue Share; Business Summary Report.
a) Revenue Share. In addition to the Rent currently paid by Lessee to Lessor pursuant to the Agreement, as further consideration for the right to exclusively use and lease the Premises, if, after full execution of this Second Amendment, Lessee subleases, licenses or grants a similar right of use or occupancy in the Premises to an unaffiliated third party not already a subtenant on the Premises (each a “Future Subtenant”), Lessee agrees to pay to Lessor fifteen percent (15%) of the rental, license or similar payments actually received by Lessee from such Future Subtenant (excluding any reimbursement of taxes, construction costs, installation costs, or revenue share reimbursement) (the “Additional Rent”) within thirty (30) days after receipt of said payments by Lessee. Lessee shall have no obligation for payment to Lessor of such share of rental, license or similar payments if not actually received by Lessee. Non-payment of such rental, license or other similar payment by a Future Subtenant shall not be an event of default under the Agreement. Lessee shall have sole discretion as to whether, and on what terms, to sublease, license or otherwise allow occupancy of the Premises. There shall be no express or implied obligation for Lessee to sublease, license or otherwise allow occupancy of the Premises. Notwithstanding anything in this paragraph to the contrary, the parties agree and acknowledge that revenue derived from subtenants and any successors and/or assignees of such subtenants who commenced use and/or sublease of the Premises prior to execution of this Second Amendment shall be expressly excluded from the Additional Rent and Lessor shall have no right to receive any portion of such revenue, including T-Mobile.

5.b) Business Summary Report. Once per calendar year, Lessor may submit a written request to Lessee for a business summary report pertaining to Lessee’s Additional Rent obligations for Future Subtenants (as defined above) for the prior twelve (12) month period, and Lessee shall provide such written report to Lessor within sixty (60) days after Lessee’s receipt of such written request. Lessor shall send such written request to the notice address set forth in this Second Amendment.

6. Eminent Domain. If Lessor receives notice of a proposed taking by eminent domain of any part of the parcel where the lease area or easements are situated, Lessor will notify Lessee of the proposed taking within five (5) days of receiving said notice and Lessee will have the option to: (i) declare the Agreement null and void and thereafter neither party will have any liability or obligation thereunder; or (ii) remain in possession of that portion of the lease area and easements that will not be taken, in which event there shall be an equitable adjustment in rent on account of the portion of the lease area and easements so taken. With either option Lessee shall have the right to pursue all available remedies at law or equity.

7. IRS Form W-9. Lessor agrees to provide Lessee with a completed IRS Form W-9, or its equivalent, upon execution of this Second Amendment and at such other times as may be reasonably requested

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 3
by Lessee. In the event the Premises is transferred, the succeeding lessor shall have a duty at the time of such transfer to provide Lessee with a completed IRS Form W-9, or its equivalent, and other related paperwork to effect a transfer in the rent to the new lessor. Lessor’s failure to provide the IRS Form W-9 within thirty (30) days after Lessee’s request shall be considered a default and Lessee may take any reasonable action necessary to comply with IRS regulations including, but not limited to, withholding applicable taxes from rent payments.

8. Taxes. Section 10 of the Original Agreement is hereby deleted in its entirety and the following is inserted in its place:

Lessor shall pay all real estate taxes on the Property. Lessee agrees to reimburse Lessor for any documented increase in real estate or personal property taxes levied against the Property that are directly attributable to Lessee’s Facilities and/or Lessee’s use of the Premises. Lessor agrees to provide Lessee any documentation evidencing the increase and how such increase is attributable to Lessee’s use. Lessee reserves the right to challenge any such assessment, and Lessor agrees to cooperate with Lessee in connection with any such challenge.

Notwithstanding any language in this Section to the contrary, Lessee shall not be obligated to reimburse Lessor for any applicable taxes, unless Lessor requests such reimbursement, and provides Lessee with documentation supporting any such payment(s), within one (1) year after the date such taxes became due.

8.9. Notice Address. Lessee’s notice address as stated in the Agreement is amended as follows:

Lessee: T-Mobile West Tower LLC
12920 S.E. 38th Street
Bellevue, WA 98006
Attention: Leasing Administration
With a copy to:

T-Mobile West Tower LLC
c/o CCTMO LLC
Attn: Legal - Real Estate Department
8020 Katy Freeway
Houston, TX 77024

9.10. Ratification.
a) Lessor and Lessee agree that Lessee is the current lessee under the Agreement, the Agreement is in full force and effect, as amended herein, and the Agreement contains the entire agreement between Lessor and Lessee with respect to the Premises.
b) Lessor agrees that any and all actions or inactions that have occurred or should have occurred prior to the date of this Second Amendment are approved and ratified and that no breaches or defaults exist as of the date of this Second Amendment.
c) Lessor represents and warrants that Lessor is duly authorized and has the full power, right and authority to enter into this Second Amendment and to perform all of its obligations under the Agreement as amended. Each person executing this Second Amendment on behalf of Lessor warrants that they are duly authorized to execute this Second Amendment on behalf of Lessor and that by their execution, Lessor is formally bound to the provisions of this Second Amendment.

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 4
d) Lessor agrees to provide such further assurances as may be requested to carry out and evidence the full intent of the parties under the Agreement as amended hereby, and ensure Lessee’s continuous and uninterrupted use, possession and quiet enjoyment of the Premises under the Agreement as amended hereby. e) Lessor acknowledges that the Premises, as defined, shall include any portion of the Property on which communications facilities or other Lessee improvements exist on the date of this Second Amendment.
e)f) Lessee represents and warrants that Lessee is duly authorized and has the full power, right and authority to enter into this Second Amendment and to perform all of its obligations under the Agreement as amended. Each person executing this Second Amendment on behalf of Lessee warrants that they are duly authorized to execute this Second Amendment on behalf of Lessee and that by their execution, Lessee is formally bound to the provisions of this Second Amendment.

10.11. Remainder of Agreement Unaffected. The parties hereto acknowledge that except as expressly modified hereby, the Agreement remains unmodified and in full force and effect. In the event of any conflict or inconsistency between the terms of this Second Amendment and the Agreement, the terms of this Second Amendment shall control. The terms, covenants and provisions of this Second Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee. This Second Amendment may be executed simultaneously or in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

11.12. Survey. Lessee reserves the right, at its discretion and at its sole cost, to obtain a survey (“Survey”) specifically describing the Premises and any access and utility easements associated therewith.

Lessee shall be permitted to attach the Survey as an exhibit to this Second Amendment and any related memorandum for recording, which shall only update and replace the existing description, at any time prior to or after the Effective Dateclosing of this Second Amendment if so agreed to in writing by Lessor.

12.13. Recordation. Lessee, at its cost and expense, shall have the right to record a memorandum of this Second Amendment (“Memorandum”) in the official records of Riverside County, California at any time following the execution of this Second Amendment by all parties hereto. In addition, Lessee shall have the right in its discretion, to record a notice of agreement, affidavit or other form to be determined by Lessee without Lessor’s signature in form and content substantially similar to the Memorandum, to provide record notice of the terms of this Second Amendment.

13.14. Electronic Signatures. Each party agrees that the electronic signatures of the parties included in this Second Amendment are intended to authenticate this writing and to have the same force and effect as manual signatures. As used herein, “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this Second Amendment and executed and adopted by a party with the intent to sign such Second Amendment, including facsimile or email electronic signatures. [Execution Pages Follow]

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 5
This Second Amendment is executed by Lessor as of the date written below.

LESSOR:

CITY OF CALIMESA,
a California municipal corporation
By:

Name:

Title:

Date:
[Lessee Execution Page Follows]

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 6
This Second Amendment is executed by Lessee as of the date written below.

LESSEE:

T-MOBILE WEST TOWER LLC,
a Delaware limited liability company,
By: CCTMO LLC,
a Delaware limited liability company
Its: Attorney in Fact
By:

Name:

Title:

Date:

Site Name: IE511 Calimesa City Hall
Business Unit #: 842729 1
Documentary Transfer Tax $ __________________
__ Computed on full value of property
__ Computed on full value less liens & encumbrances remaining at time of sale __ Computed on full value of lease surpassing the 35-year term limit _______ __ Computed on leased area of the property
__ Exempt-remaining lease term with renewal options is 35 years or less Thrifty v. County of Los Angeles (1989) 210 Cal.App.3d 881 Signature of Declarant or agent
WHEN RECORDED RETURN TO:

T-Mobile West Tower LLC
c/o CCTMO LLC
8020 Katy Freeway
Houston, Texas 77024
Prepared by:

Parker Legal Group, PC
600 West Broadway, Suite 700
San Diego, California 92101
Space above this line for Recorder’s Use
APN: 411-100-042 and 411-100-036-6

MEMORANDUM OF

AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT WITH OPTION This Memorandum of Amendment to Communications Site Lease Agreement with Option (“Memorandum”) is dated and made effective as of the date of the last party to sign, by and between CITY OF CALIMESA, a California municipal corporation (“City” or “Lessor”), with a mailing address of 908 Park Avenue, Calimesa, California 92320, and T-MOBILE WEST TOWER LLC, a Delaware limited liability company, by and through CCTMO LLC, a Delaware limited liability company, its attorney in fact (“Lessee”), with a mailing address of 8020 Katy Freeway, Houston, Texas 77024.

1. Lessor and T-Mobile West Corporation, a Delaware corporation (“Original Lessee”) entered into a Communications Site Lease Agreement with Option dated September 13, 2010 (the “Original Agreement”), whereby Original Lessee leased certain real property, together with access and utility easements, located in Riverside County, California from Lessor (the “Premises”), all located within certain real property owned by Lessor (the “Property”). The Property, of which the Premises is a part, is more particularly described in Exhibit A attached hereto.

2. The Original Agreement was amended by that certain First Amendment to Communications Site Lease Agreement with Option dated July 5, 2012 (hereinafter the Original Agreement and all subsequent amendments are collectively referred to as the “Lease” or “Agreement”).

3. T-Mobile West Tower LLC is currently the lessee under the Lease as successor in interest to Original Lessee.

4. The Premises may be used for the purpose of constructing, maintaining, and operating a communications facility, including tower structures, equipment shelters, cabinets, meter boards, utilities, antennas, equipment, any related improvements, and structures and uses incidental thereto.

5. The Agreement had an initial term that commenced on July 12, 2011, and expired on July 11, 2016. The Agreement provides for three (3) renewal terms of five (5) years each (each a

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 2
“Renewal Term”), the first two (2) of which have been exercised by Lessee. According to the Agreement, the final Renewal Term expires on July 11, 2031.

6. Lessor and Lessee have entered into a Second Amendment to Communications Site Lease Agreement with Option (the “Second Amendment”), of which this is a Memorandum, providing for six (6) additional Renewal Terms. Pursuant to the Second Amendment, the final Renewal Term expires on July 11, 2061.

7. In the event of any inconsistency between this Memorandum and the Second Amendment, the Second Amendment shall control.

8. The terms, covenants and provisions of the Second Amendment shall extend to and be binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee.

9. This Memorandum does not contain the social security number of any person.

10. A copy of the Second Amendment is on file with Lessor and Lessee. [Execution Pages Follow]

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 3
IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessor has caused this Memorandum to be duly executed on the date first written below.

LESSOR:

CITY OF CALIMESA,
a California municipal corporation
By:

Name:

Title:

Date:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF _________________________ )
On ___________________ before me, ____________________________________, Notary Public, personally appeared _____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC
(Seal)
[Lessee Execution Page Follows]

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 4
IN WITNESS WHEREOF, hereunto and to duplicates hereof, Lessee has caused this Memorandum to be duly executed on the date first written below.

LESSEE:

T-MOBILE WEST TOWER LLC,
a Delaware limited liability company,
By: CCTMO LLC,
a Delaware limited liability company
Its: Attorney in Fact
By:

Name:

Title:

Date:

State of Texas
County of ___________
Before me, __________________________, a Notary Public, on this day personally appeared ____________________________________, ________________________ of CCTMO LLC, a Delaware limited liability company, as Attorney in Fact for T-MOBILE WEST TOWER LLC, a Delaware limited liability company, known to me (or proved to me on the oath of ____________ or through driver’s license, state id card, resident id card, military id card, or passport) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed.

Given under my hand and seal of office this _____________ day of ___________, 20___. ______________________________
(Personalized Seal) Notary Public’s Signature

Site Name: IE511 Calimesa City Hall
Business Unit #: 824729 5 Exhibit A

EXHIBIT A
Legal Description of the Property

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE IN THE CITY OF

CALIMESA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
.87 ACRES M/L IN POR BLK 204 MB 010/032 RESURVEY OF PART OF SUB 9 YUCAIPA VALLEY
APN 411-100-042
TOGETHER WITH:

THE SOUTHERLY 360 FEET OF THE FOLLOWING DESCRIBED PROPERTY:

THAT PORTION OF LOT 204 OF THE RESURVEY OF PART OF SUBDIVISION NO. 9 OF A PART OF YUCAIPA VALLEY, AS SHOWN BY MAP ON FILE IN BOOK 10, PAGE 32 OF MAPS RIVERSIDE COUNTY RECORDS, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH A DISTANCE OF 586.7 FEET, TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 57° 47ʹ WEST, A DISTANCE OF 341.43 FEET; THENCE SOUTH, A DISTANCE OF 405.22 FEET, TO THE SOUTH LINE OF SAID LOT; THENCE EAST, ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 288 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.

EXCEPT THEREFROM THE EASTERLY 30 FEET THEREOF AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEEDS RECORDED JANUARY 10, 1950, AS INSTRUMENT NO. 1103 AND OCTOBER 29, 1952 AS INSTRUMENT NO. 46251.

ALSO, EXCEPT THEREFROM THE SOUTHERLY 125 FEET.

ALSO EXCEPTING FROM SAID SOUTHERLY 360 FEET, THE NORTHERLY 20 FEET THEREOF.

ASSESSOR’S PARCEL NO: 411-100-036-6

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: APPLICATION FOR COUNTY OF RIVERSIDE COMMUNITY

DEVELOPMENT BLOCK GRANT PROGRAM APPLICATION FOR
CITY OF CALIMESA 2025-2026 COOPERATING CITY

ALLOCATION
MEETING DATE: December 2, 2024
PREPARED BY: Will Kolbow, City Manager
Margaret Monson, Director of Public Works
RECOMMENDATION: That the City Council approve the application requesting County of Riverside Community Development Block Grant Program (CDBG) Application for City of Calimesa 2024-2025 Cooperating City Allocation for the construction of Americans with Disabilities (ADA) sidewalk extension improvements north of the Calimesa Library.

BACKGROUND: The City received Notice of Funding Availability (NOFA) for the County of Riverside’s FY 2024-2025 Urban County CDBG program for Cooperating Cities dated August 30, 2024. This funding covers City projects as well as community service projects within the City for eligible organizations. Staff advertised for applications from the City’s potential subrecipients including non-profit service organizations, special districts, or other entities by public posting and advertisement in the local newspaper. No applications were requested or received for the service portion of available funding.

The City Council has prioritized ADA construction projects by establishing a fund for such projects as recommended by CIRRA, and by the completion of the ADA Transition Plan and report in 2018 and update in 2023. The ADA improvements to City Facilities have been prioritized and the Calimesa Library is the next facility to be improved. The exterior access improvements from the public street are the next priority. The proposed improvements will bring the access into compliance and provide a safer path of travel from the library frontage to the next intersection to the north, Avenue K. Included in the plans is an ADA ramp at the intersection.

DISCUSSION: City staff has completed the application of CDBG funding for the Calimesa Library ADA Sidewalk Improvement Project, which is included as Attachment A. The application requires approval by the Council prior to submitting it to Riverside County Department of Housing and Workforce Solutions. The City is requesting the maximum $27,000 in funding to assist in funding this construction. The Engineer’s Estimate is included in the Application for the construction for a total of $17,180. Additional costs estimated for staff time for plans and bidding, $15,000, construction management, survey, inspection and materials testing is $7,000 for a total estimated cost of $39,180.

FISCAL IMPACT: Annually since 2012, the City’s General Fund has transferred $5,000 per year to the City’s ADA fund for the purpose of establishing a reserve for ADA compliance projects. Based upon the projected actuals for 2024-2025 in the approved 2024-25 Budget document, the City’s ADA projected fund balance as of June 30, 2025 is an estimated $32,870. The total estimated cost of the project is $39,180. Staff is recommending that the City Council approve the application for $27,000 from CDBG and appropriate $12,180 from the ADA fund to complete the project. If approved the project is ultimately approved by the County, the project budget would be incorporated into the 2025-26 budget process.

ATTACHMENTS:

Attachment A: County of Riverside Community Development Block Grant Program Application for City of Calimesa 2025-2026 Cooperating City Allocation Attachment B: NOFA

COUNTY OF RIVERSIDE

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

APPLICATION FOR CITY OF
2025-2026 CDBG ALLOCATION
I. GENERAL INFORMATION
Applying Organization Name:

Type of Organization: Non-Profit Organization Faith Based Organization For-Profit Organization Institution of Higher Education Organization Address:

City: Zip Code:

Mailing Address:

City: Zip Code:

Telephone Number: Fax Number:

Executive Director:

Telephone Number: E-mail:

Program Manager:

Telephone Number: E-mail:

Grant Writer:

Address (If different from above):

Telephone Number: E-mail:

II. ORGANIZATIONAL HISTORY (This is applicable only if you are a non-profit organization) Date Organization founded:

Date Organization incorporated as a non-profit organization (Attach Articles of Incorporation and Bylaws):

Federal identification number:

DUNS Number:

Organization Web Address:

1 Does your Organization expend $750,000 or more a year in federal funds? Y or N Number of paid staff:

Number of volunteers:

Members/Board of Directors (Attach):

III. PROJECT ACTIVITY
A. Name of Project:

B. Specific Location of Project
(Attach Project Map - include street address; if a street address has not been assigned provide APN) Street or APN:

City: Zip Code:

C. CDBG Funds Requested: (total amount for the project only) D. Where will the proposed activity occur (be specific as to the geographic boundaries)? If the project involves a new or existing facility, what is the proposed service/benefit area for the facility? E. In which City (ies)/Communities does the activity occur? City (ies):

Community (ies):

NOTE: HWS will make the final determination of the appropriate service area of all proposals.

F. If this project benefits residents of more than one community or jurisdiction, have requests been submitted to those other entitlement jurisdictions? (i.e., County district(s) 1 st
, 2
nd, 3rd, 4th, and/or 5th
, City of
Palm Springs, City of Moreno Valley, City of Riverside, etc.)

2 G. Check ONLY the applicable category your application represents.

Public Service
Homeless Activities
Real Property Acquisition (Must consult with HWS prior to submitting application) Housing
Rehabilitation/Preservation (please provide picture of structure) Public Facilities (construction)
Infrastructure (i.e. Streets, Sewer, Sidewalk, etc.)
Other: (provide description) ________________ __
H. Respond to A & B only if this application is for a public service project. (a) Is this a NEW service provided by your agency? Yes No (b) If service is not new, will the existing public service activity level be substantially increased or improved?
IV. PROJECT NARRATIVE
A. Provide a detailed Project Description. The description should only address or discuss the specific activities, services, or project that is to be assisted with CDBG funds. If CDBG funds will assist the entire program or activity, then provide a description of the entire program or activity:

3 B. Provide a detailed description of the proposed use of the CDBG funds only (e.g. client scholarships, purchase of specific equipment, rent, supplies, utilities, salaries, etc.):

C. What are the goals and objectives of the project, service, or activity? How will you measure and evaluate the success of the project to meet these goals and objectives (measures should be qualitative)?
D. Please identify the project milestones using an Estimated Timeline for Project Implementation:

4 V. PROJECT BENEFIT
A. Indicate the number of people or households that will directly benefit from your proposal using CDBG funds: Note: This is based on the expected number of clients to be served if the County funds your project for the requested amount.

B. Indicate the number of unduplicated clients that will be served (An unduplicated client is counted only once, no matter how many direct services the client receives during a funding year):

C. Length of proposed CDBG-funded activities or service (weeks, months, year):

D. Service will be provided to (check one or more):

Men Seniors
Women Severely Disabled Adults
Children (Range of children’s ages :__________) Migrant Farm Workers Homeless (Number of beds at facility :________) Families

5 E. What methods will be used for community involvement to assure that all who might benefit from the project are provided an opportunity to participate?
F. What evidence is there of a long-term commitment to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended?
VI. National Objective
All CDBG-funded activities must meet at least one of the following National Objectives of the CDBG program. Indicate the category of National Objective to be met by your activity.

CATEGORY A: Benefit to low-moderate income persons (must be documented). Please choose either subcategory 1 or 2:

1. Limited Clientele:

The project serves clientele that will provide documentation of their family size, income, and ethnicity.

Identify the procedure you currently have in place to document that at least 51% of the clientele you serve are low-moderate income persons.

6 2. Clientele presumed to be principally low- and moderate-income persons:

The following groups are presumed by HUD to meet this criterion. You will be required to submit a certification from the client (s) that they fall into one of the following presumed categories.

The activity will benefit (check one or more)
Abused children Homeless persons
Battered spouses Illiterate adults
Elderly persons Persons living with AIDS
Severely disabled adults Migrant Farm workers
a. Describe the clientele above to be served by this activity:
b. Discuss how this project directly benefits low- and moderate- income residents:

CATEGORY B: Area Benefit - The project or facility serves, or is available to, ALL persons located within an area where at least 51% of the residents are low/moderate-income. (Applicant is welcome to contact a County of Riverside, HWS CDBG Program Manager for Census Information) 2020 Census Tract and Block Group numbers:
_______________
_______________
_______________
_______________
_______________
Total population in Census Tract(s) / block group(s):_______________________ Total percentage of low-moderate population in Census Tract(s) / block group(s):________

7 CATEGORY C: Activities undertaken to create or retain permanent jobs, at least 51% of which will be made available to or held by low/moderate-income persons.

Proposed Job Creation/Retention
Total Jobs Expected to Create:

Total Jobs Expected to Retain:

CATEGORY D: Activities that provide assistance to micro-enterprise owners/developers who are low/moderate-income.

Proposed Assistance to Businesses
New Businesses expected to assist:

Existing Businesses expected to assist:

Enter Total Businesses expected to assist:

VII. FINANCIAL INFORMATION
A. Proposed Project Budget
Complete the following annual program budget to begin July 1, 2025. If your proposed CDBG-funded activity will start on a date other than July 1, 2025, please indicate starting date. Provide total Budget information and distribution of CDBG funds in the proposed budget.

The budgeted items are for the specific activity for which you are requesting CDBG funding - NOT for the budget of the “entire” organization or agency. (Note: CDBG funds requested must match amount requested in Project Activity, C above.)
(EXAMPLE: The Valley Senior Center is requesting funding for a new Senior Nutritional Program. The total cost of the program is $15,000 and $10,000 in CDBG funds is being requested for operating expenses associated with the proposed activity. The total Activity/Project Budget will include $5,000 of other non-CDBG funding and $10,000 in CDBG funds for a Grand Total of $15,000).

TOTAL ACTIVITY/

PROJECT BUDGET CDBG FUNDS
(Include non-CDBG Funds REQUESTED-Only
and CDBG Funds)
I. Personnel
A. Salaries & Wages $ $
B. Fringe Benefits $ $
C. Consultants & Contract Services $ $
PERSONNEL SUB-TOTAL $ $

8 II. Non-Personnel
A. Space Costs $ $
B. Rental, Lease or Purchase of
Equipment $ $
C. Consumable Supplies $ $
D. Travel $ $
E. Telephone $ $
F. Utilities $ $
G. Other Costs $ $
NON-PERSONNEL SUB-TOTAL: $ $
III. Other
A. Architectural/Engineering Design $ $
B. Acquisition of Real Property $ $
C. Construction/Rehabilitation $ $
D. Indirect Costs $ $
E. Other $ $
OTHER SUB-TOTAL: $ $
GRAND TOTAL: $ $
B. Leveraging
List other funding sources and amounts (commitments or applications) which will assist in the implementation of this activity. Current and pending evidence of leveraging commitments/applications must be submitted with application. (Attach) Federal:

State/Local:

Private:

Fees:

Donations:

Other:

9 C. What type of long-term financial commitment is there to the proposal? Describe how you plan to continue the work (project) after the CDBG funds are expended? D. Provide a summary by line item of your organization’s previous year’s income and expense statement. (Attach)
E. Does this project benefit residents of more than one community or jurisdiction, have requests been submitted to those other jurisdictions? Yes No
If yes, identify sources and indicate outcome.

If no, please explain.

F. Was this project or activity previously funded with CDBG? Yes No If yes, when?
Is this activity a continuation of a previously funded (CDBG) project? Yes No If yes, explain:

VIII. MANAGEMENT CAPACITY
A. Describe your organization’s experience in managing and operating project or activities funded with CDBG or other Federal funds.

10 B. Management Systems
Does your organization have written and adopted management systems (i.e., policies and procedures) including personnel, procurement, property management, record keeping, financial management, etc.?
C. Capacity
Please provide the names and qualifications of the person(s) that will be primarily responsible for the implementation and completion of the proposed project.

11 IX. APPLICATION CERTIFICATION
Undersigned hereby certifies that (check box after reading each statement and digitally sign the document):

1. The information contained in the project application is complete and accurate. ___ __

2. The applicant agrees to comply with all Federal and County policies and requirements imposed upon the project or activity funded by the CDBG program. ___ __

3. The applicant acknowledges that the Federal assistance made available through the CDBG program funding will not be used to substantially reduce prior levels of local, (NON-CDBG) financial support for community development activities. ___ __

4. The applicant fully understands that any facility built or equipment purchased with CDBG funds shall be maintained and/or operated for the approved use throughout its economic life, pursuant to CDBG regulation. ___ __

5. If CDBG funds are approved, the applicant acknowledges that sufficient non-CDBG funds are available or will be available to complete the project as described within a reasonable timeframe. ___ __

6. On behalf of the applying organization, I have obtained authorization to submit this application for CDBG funding. (DOCUMENTATION ATTACHED Minute Action and/or written Board Approval signed by the Board President) ___ __
DATE: ___11/12/2024_________________
Signature: ___________________________________________
Print Name/Title SPECIAL PROJECTS, PU
Authorized Representative: ____________________________________________

12 CHECK-LIST:

The following required documents listed below have been attached. Any missing documentation to the application will be cause for the application to be reviewed as INELIGIBLE.

Yes No ATTACHMENT

1. Members/Board of Directors

2. Articles of Incorporation and Bylaws

3. Project Activity Map

4. Project Benefit, Category B, Low Mod Area Maps (Attach if applicable)

5. Leveraging (Current evidence of commitment)

6. Income and Expense Statement

7. Management Capacity (Detailed organizational chart)

8. Board Written Authorization approving submission of application

City Council
Meetings
First and third Monday of each month at 6:00 p.m.

Norton Younglove Senior Center, 908 Park Avenue, Calimesa, CA 92320
Council meetings are open public meetings. Council organization and procedure during meetings is in accordance with the Council's Rules of Procedure. If a regular meeting falls on a holiday, the meeting shall be conducted the following Tuesday.

Brown Act Regulations - Council's Rules of
Procedure
The primary intent of California’s open meeting law, the Brown Act, is that the people’s business be conducted openly and
transparently, after providing an opportunity to the largest number of members of the public to directly address the council before the council takes action on any item. The Brown Act mandates that city councils adopt rules for “the conduct of business” and requires that agendas for regular meetings provide “an opportunity for members of the public to directly address the legislative body on any item of interest to the public,” including agenda items before or during the legislative body’s consideration of the item that is within the subject matter jurisdiction of the legislative body.

The Brown Act provides that city councils “may adopt reasonable regulations to ensure the intent” of the Brown Act is carried out.

Pursuant to the Brown Act, Calimesa Municipal Code Section

2.10.060 provides that the Calimesa City Council may, from time to time, adopt by resolution rules of procedure for the conduct of meetings. The rules of procedure, as amended by the City Council, provide an opportunity for members of the public to directly address the City Council on any item on the agenda before consideration of the item, in full compliance with the Brown Act, at a reasonable

time. Periodically, the Calimesa City Council reviews and amends its rules of procedure to facilitate the efficient and transparent conduct of the City’s business at a reasonable hour.

Council's Rules of Procedure(PDF)
Agendas & Minutes
Agenda Packets and Minutes are available to view in our Agenda Center.

Agenda packets are posted online on Thursday prior to the City Council meeting. The minutes will be posted online once they have been approved by the Council and the Successor Agency to the Calimesa Redevelopment Agency.

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
The agendas are posted at the Calimesa Library, Norton Younglove Senior Center, and City Hall. Access prior years minutes and packets for the Council and CSA by contacting the City Clerk's Office at 909-795-9801.

Council Members
William "Bill"
Davis
Mayor
Email Mayor Davis
Linda Molina
Council Member
Email Council
Member Molina
Wendy Hewitt
Mayor Pro Tem
Email Mayor Pro Tem
Hewitt

Phone: (909) 795-
9801
More Information
Phone: (909) 795-
9801
More Information
Phone: (909) 795-
9801
More Information
Jeff Cervantez
Council Member
Email Council
Member Cervantez
Phone: (909) 795-
9801
More Information
John Manly
Council Member
Email Council
Member Manly
Phone: (909) 795-
9801
More Information
About the Council
The City of Calimesa was incorporated on December 1, 1990 and is a "General Law" City and is governed by a Council-Manager form of government. The five-member City Council is directly elected to staggered, four-year terms. The city is not comprised of districts or wards and the Council members are therefore elected on an "atlarge" basis and the Mayor is elected annually by a vote of the Council. The Council is responsible for policy development and appoints a City Manager to oversee policy implementation and overall City operations.

Successor Agency to the Redevelopment Agency
The City Council also serves as the Successor Agency to the Redevelopment Agency Board of Directors and the City Manager serves as the Executive Director. The Chairperson and Vice-Chair of the Agency are elected by a vote of its members. Successor Agency to the Redevelopment Agency Agendas/Minutes are
included on the City Council Agendas/Minutes webpage.

Council Legislation
Ordinance: An Ordinance is a law enacted by the City Council under powers delegated to it by State laws. Ordinances are the laws of a municipality and generally pertain to land use changes, building guidelines, noise limitations and the like. An ordinance is introduced at one meeting and then considered for passage at a second meeting of the City Council. It becomes effective 30 days after final passage. An ordinance can be repealed or amended by a subsequent ordinance and is subject to referendum by the electorate. It is the most binding form of action taken by the Council.

Resolution: A resolution may be passed expressing the policy of the City Council or directing certain types of procedural or administrative actions. They are generally used for approving agreements, procedures or fund appropriations. It requires only one reading and may be changed by a subsequent resolution.

Motion: A motion requires majority council approval for a procedural or administrative action. Motions are usually used for disposition of business items on the agenda. When the City Council is not prepared to take definite action or when further study or information is needed, the City Council may refer the matter to staff, and advisory body, or a citizens' group for study or report.

City of Calimesa
Budget Package
Department 5100
Public Works
Fiscal Year 2025-26

City of Calimesa
Public Works Department
Fiscal Year 2024-25
Actuals
Fiscal
Year
2021-22
Actuals
Fiscal
Year
2022-23
Amended
Budget
Fiscal
Year
2023-24
Projected
Actuals
Fiscal
Year
2023-24
Proposed
Fiscal
Year
2024-25
Fund 01 - General Fund
Dept 5100

PERSONNEL COSTS
6010 Salaries $ 48,250 68,723$ 92,704$ 92,704$ $ 92,704 6400 Benefits 22,282 30,291 34,657 34,657 34,657
70,532 99,013 127,361 127,361 127,361

OPERATIONS & MAINTENANCE
7210 Professional Services 226,880 240,126 249,230 249,230 249,230 7230 Other Contract Services 4,750 3,900 6,300 6,300 6,300 7231 NPDES 29,699 19,907 53,800 53,800 53,800
7420 Communications 5,887 3,524 4,800 4,800 4,800
7430 Repairs & Maint. - Equipment 3,448 11,263 5,500 5,500 5,500 7431 Repairs & Maint. - Building 16,340 21,244 36,590 36,590 21,000 7432 Repairs & Maint. - Vehicles 5,736 19,122 9,000 9,000 9,000 7433 Repairs & Maint. - Streets 9,668 54,873 47,075 47,075 47,075 7445 Equipment Rental 572 67 2,000 2,000 2,000
7585 Travel/Training 1,670 463 4,000 4,000 4,000
7725 Minor Equipment 44,480 25,296 16,031 16,031 -
7735 Supplies - Special 3,408 6,432 8,650 8,650 8,650
7740 Fuel & Oil 137 175 - - -
8100 Equipment/Machinery 19,323 - - - -
352,675 425,715 442,976 442,976 411,355
Total Public Works 423,207 524,729 570,337 570,337 538,716 7100 Less: Cost Allocation 27,929 22,114 15,855 15,855 15,855 Net Public Works $ 395,278 502,615$ 554,482$ 554,482$ $ 522,861 Staff Allocations:

Maintenance Supervisor
Maintenance Worker I (2)
Lead Maintenance Worker
Exec Asst/Deputy City Clerk
Administrative Assistant I (2)
Total FTE

City of Calimesa
Capital Projects - ADA CIP Projects
Fiscal Year 2024-25
Actuals
Fiscal
Year
2021-22
Actuals
Fiscal
Year
2022-23
Amended
Budget
Fiscal
Year
2023-24
Projected
Actuals
Fiscal
Year
2023-24
Proposed
Fiscal
Year
2024-25
Fund 20 - Capital Projects ADA Improvements
Fund Balance, Beginning of Year $ 60,327 $ 59,546 $ 58,392 $ 58,392 $ 62,534

REVENUE
20-0000-4650 Interest 216 1,034 225 225 225
20-2095-4800 Other Governmental Revenue - 46,068 88,908 88,908 - 20-0000-9501 Transfer In - from General Fund 5,000 5,000 5,000 5,000 5,000 TOTAL REVENUE 5,216 52,102 94,133 94,133 5,225
TOTAL AVAILABLE $ 65,543 $ 111,647 $ 152,525 $ 152,525 $ 67,759

EXPENDITURES
20-0000-7210 Professional Services - - 15,200 15,200 -
20-2095-7431 Repair and Maint. - Buildings 5,998 53,255 74,791 74,791 - TOTAL EXPENDITURE 5,998 53,255 89,991 89,991 -
FUND TOTAL $ 59,546 $ 58,392 $ 62,534 $ 62,534 $ 67,759 CIP Project 2095: ADA Sr. Center Phase I CDBG Grant 01-21 (Completed FY2022-23) CIP Project 2096: ADA Sr. Center Phase II CDBG Grant 03-22 CIP Project 2097: ADA Sr. Center Phase III CDBG Grant 11-22 This fund receives annual funding from the General Fund to establish reserve to ensure American with Disabilities Act (ADA) compliance and reports the CDBG Grant funding and related expenditures.

City of Calimesa
Air Quality Management District (AQMD)
Fiscal Year 2024-25
Actuals
Fiscal
Year
2021-22
Actuals
Fiscal
Year
2022-23
Amended
Budget
Fiscal
Year
2023-24
Projected
Actuals
Fiscal
Year
2023-24
Proposed
Fiscal
Year
2024-25
Fund 21 - Air Quality Management District
Fund Balance, Beginning of Year $ 31,191 $ 43,563 $ 57,704 $ 57,704 $ 69,484

REVENUE
21-0000-4650 Interest 133 1,093 350 350 350
21-0000-4820 Air Quality Allocations 12,849 14,387 12,700 12,700 12,700 21-0000-9501 Transfer from General Fund 1,849 - - - -
TOTAL REVENUE 14,830 15,481 13,050 13,050 13,050
TOTAL AVAILABLE $ 46,021 $ 59,044 $ 70,754 $ 70,754 $ 82,534

EXPENDITURES
21-0000-7100 Overhead Allocation 70 70 - - -
21-0000-7210 Professional Services 2,388 1,270 1,270 1,270 1,270 TOTAL EXPENDITURE 2,458 1,340 1,270 1,270 1,270
FUND TOTAL $ 43,563 $ 57,704 $ 69,484 $ 69,484 $ 81,264 This fund accounts for AB 2766 Subvention funds that can only be used to fund expenditures that promote improved air quality.

City of Calimesa
Gas Tax
Fiscal Year 2024-25
Actuals
Fiscal
Year
2021-22
Actuals
Fiscal
Year
2022-23
Amended
Budget
Fiscal
Year
2023-24
Projected
Actuals
Fiscal
Year
2023-24
Proposed
Fiscal
Year
2024-25
Fund 24 - Gas Tax
Fund Balance, Beginning of Year $ 23,298 $ 32,613 $ 57,162 $ 57,162 $ 46,920

REVENUE
24-0000-4650 Interest 33 424 160 160 160
24-0000-4523 HUTA-2103 - Traffic Congestion 80,039 88,564 108,002 108,002 108,002 24-0000-4525 HUTA-2105 57,013 62,465 71,519 71,519 71,519 24-0000-4526 HUTA-2106 40,086 44,252 49,006 49,006 49,006 24-0000-4527 HUTA-2107 68,187 85,077 85,904 85,904 85,904 24-0000-4528 HUTA-2107.5 3,000 3,000 2,000 2,000 2,000
TOTAL REVENUE 248,358 283,782 316,591 316,591 316,591
TOTAL AVAILABLE 271,656$ 316,395$ 373,753$ 373,753$ $ 363,511

EXPENDITURES
24-0000-6010 Salary/Benefits 131,474 138,889 149,763 149,763 149,763 24-0000-7100 Overhead Allocation 22,440 30,342 36,770 36,770 36,770 24-0000-7210 Professional Services 15,438 16,320 35,000 35,000 35,000 24-0000-7230 Other Contract Services 17,440 11,215 15,000 15,000 15,000 24-0000-7415 Utilities - Street Lights 2,442 2,283 1,900 1,900 1,900 24-0000-7420 Communications 2,328 3,068 3,300 3,300 3,300 24-0000-7430 Repair & Maintenance - Equip - 19 1,000 1,000 1,000 24-0000-7432 Repair & Maintenance - Vehicles 209 - 2,500 2,500 2,500 24-0000-7433 Repair & Maintenance - Streets 32,726 43,521 55,600 55,600 55,600 24-0000-7725 Minor Equipment - - 8,000 8,000 -
24-0000-7740 Fuel & Oil 14,546 13,577 18,000 18,000 18,000 TOTAL EXPENDITURE 239,043 259,234 326,833 326,833 318,833 FUND TOTAL $ 32,613 $ 57,162 $ 46,920 $ 46,920 $ 44,678 Staff Allocations:

Mainnance Supervisor
Lead Maintenance Worker
Maintenance
Total FTE

City of Calimesa
LLMD - Landscape, Lighting & Maintenance District
Fiscal Year 2024-25
Actuals
Fiscal
Year
2021-22
Actuals
Fiscal
Year
2022-23
Amended
Budget
Fiscal
Year
2023-24
Projected
Actuals
Fiscal
Year
2023-24
Proposed
Fiscal
Year
2024-25
Fund 28 - Landscape, Lighting & Maintenance
Fund Balance, Beginning of Year $ 11,596 $ 45,638 $ 77,115 $ 77,115 $ 38,937

REVENUE
28-0000-4006 LLMD Property Tax 104,584 106,710 108,000 108,000 108,000 28-0000-4650 Interest 86 695 40 40 40
28-0000-9501 Transfer In 85,000 85,000 85,000 85,000 60,000 TOTAL REVENUE 189,670 192,405 193,040 193,040 168,040
TOTAL AVAILABLE $ 201,266 $ 238,043 $ 270,155 $ 270,155 $ 206,977

EXPENDITURES
28-0000-6010 Salary/Benefits 68,280 71,281 75,898 75,898 75,898 28-0000-7100 Overhead Allocation 10,000 10,000 20,000 20,000 20,000 28-0000-7210 Professional Services 7,719 8,160 38,350 38,350 18,350 28-0000-7220 Engineering Services 2,820 2,698 3,000 3,000 3,000 28-0000-7410 Utilities - Electric 7,777 10,241 8,200 8,200 8,200 28-0000-7412 Utilities - Water 9,781 8,643 8,500 8,500 8,500 28-0000-7415 Utilities - Street Lights 41,591 47,318 45,500 45,500 45,500 28-0000-7430 Repair & Maintenance - Equipment 814 674 1,200 1,200 1,200 28-0000-7431 Repair & Maintenance - Building 2,147 515 1,500 1,500 1,500 28-0000-7550 Advertising 110 358 200 200 200
28-0000-7725 Minor Equipment 724 130 26,370 26,370 -
28-0000-7735 Supplies - Special 3,865 910 2,500 2,500 2,500 TOTAL EXPENDITURE 155,628 160,928 231,218 231,218 184,848 FUND TOTAL $ 45,638 $ 77,115 $ 38,937 $ 38,937 $ 22,129 Staff Allocations:

Maintenance Supervisor
Lead Maintenance Worker
Maintenance Worker I (2)
Total FTE
This fund was established to account for revenue and expenditures associated with the City-wide Landscaping and Lighting Maintenance Assessment Disctrict No. 91-1

City of Calimesa
CFD 2012-1B Maintenance Singleton Heights
Fiscal Year 2024-25
Actuals
Fiscal
Year
2021-22
Actuals
Fiscal
Year
2022-23
Amended
Budget
Fiscal
Year
2023-24
Projected
Actuals
Fiscal
Year
2023-24
Proposed
Fiscal
Year
2024-25
Fund 55 - CFD 2012-1B Maintenance Singleton Heights
Fund Balance, Beginning of Year $ 780,351 $ 937,044 $ 993,622 $ 993,622 $ 1,040,245

REVENUE
55-0000-4650 Interest 3,135 20,977 7,250 7,250 7,250
55-0000-4155 Assessments 234,767 207,210 235,433 235,433 235,433 55-0000-4625 Miscellaneous - - - 53,250 -
TOTAL REVENUE 237,902 228,187 242,683 295,933 242,683
AMOUNT AVAILABLE $ 1,018,253 $ 1,165,231 $ 1,236,305 $ 1,289,555

EXPENDITURES
55-0000-6010 Staffing Costs 6,707 12,084 14,947 14,947 14,947 55-0000-7210 Professional Services 57,922 129,635 173,796 173,796 173,796 55-0000-7100 Overhead Allocation 2,467 2,517 2,567 2,567 2,567 55-0000-7412 Utilities - Water 4,195 18,677 24,000 24,000 24,000 55-0000-7415 Utilities - Street Lights 9,918 8,697 12,000 12,000 12,000 55-0000-7433 Repairs & Maintenance - Streets - - 22,000 22,000 22,000 TOTAL EXPENDITURE 81,209 171,609 249,310 249,310 249,310 FUND TOTAL $ 937,044 $ 993,622 $ 986,995 $ 1,040,245 $ 1,033,618 Staff Allocations:

Maintenance Worker I (2)
Total FTE
$ 1,282,928

City of Calimesa
CFD 2013-1 Maintenance JP Ranch
Fiscal Year 2024-25
Actuals
Fiscal
Year
2021-22
Actuals
Fiscal
Year
2022-23
Amended
Budget
Fiscal
Year
2023-24
Projected
Actuals
Fiscal
Year
2023-24
Proposed
Fiscal
Year
2024-25
Fund 56 - CFD 2013-1 Maintenance JP Ranch
Fund Balance, Beginning of Year $ 526,458 $ 567,971 $ 546,805 $ 546,805 $ 541,141

REVENUE
56-0000-4650 Interest 1,893 11,568 4,100 4,100 4,100
56-0000-4155 Assessments 218,015 213,428 241,886 241,886 241,886 TOTAL REVENUE 219,908 224,996 245,986 245,986 245,986
AMOUNT AVAILABLE $ 746,366 $ 792,967 $ 792,791 $ 792,791 $ 787,127

EXPENDITURES
56-0000-6010 Staffing Costs 6,707 12,090 7,474 7,474 7,474 56-0000-7210 Professional Services 159,905 215,141 223,609 223,609 223,609 56-0000-7100 Overhead Allocation 2,467 2,517 2,567 2,567 2,567 56-0000-7412 Utilities - Water - 6,949 6,000 6,000 6,000 56-0000-7415 Utilities - Street Lights 9,316 9,466 12,000 12,000 12,000 56-0000-7433 Repair & Maintenance - Streets - - - - -
TOTAL EXPENDITURE 178,395 246,162 251,650 251,650 251,650 FUND TOTAL $ 567,971 $ 546,805 $ 541,141 $ 541,141 $ 535,477 Staff Allocations:

Maintenance Worker I (2)
Total FTE

City of Calimesa
CFD 2018-1 Maintenance Summerwind Ranch
Fiscal Year 2024-25
Actuals
Fiscal
Year
2021-22
Actuals
Fiscal
Year
2022-23
Amended
Budget
Fiscal
Year
2023-24
Projected
Actuals
Fiscal
Year
2023-24
Proposed
Fiscal
Year
2024-25
Fund 57- CFD 2018-1 Maintenance Summerwind Ranch
Fund Balance, Beginning of Year $ 143,417 $ 351,564 $ 563,203 $ 563,203 750,698$

REVENUE
57-0000-4650 Interest 943 10,057 2,900 2,900 2,900
57-0000-4155 Assessments 222,764 222,955 247,338 247,338 247,338 57-0000-4625 Miscellaneous - - - - -
TOTAL REVENUE 223,707 233,011 250,238 250,238 250,238
AMOUNT AVAILABLE $ 367,124 $ 584,575 $ 813,441 $ 813,441 ########

EXPENDITURES
57-0000-6010 Staffing Costs 6,371 11,376 14,948 14,948 14,948 57-0000-7210 Professional Services 6,068 6,813 6,548 6,548 6,548 57-0000-7100 Overhead Allocation 3,121 3,184 3,247 3,247 3,247 57-0000-7415 Utilities - Street Lights - - 25,000 25,000 25,000 57-0000-7433 Repair & Maintenance - Streets - - 13,000 13,000 13,000 TOTAL EXPENDITURE 15,560 21,372 62,743 62,743 62,743
FUND TOTAL $ 351,564 $ 563,203 $ 750,698 $ 750,698 938,193$ Staff Allocations:

Maintenance Worker I (2)
Total FTE
Community Facilities District No. 2006-3 (Suncal) was formed and established by the City on January 16, 2007 Suncal subsequently went bankrupt. However, in 2018 San Gorgonio Land Co (formerly Suncal) formed CFD 2018-1.The action authorized the bonded indebtedness and approved the levy of special taxes. The bond funds financed cost of streets, storm drain, library, fire and law enforcement facilities. Additionally funding was also certain development impact and other fees as well as Yucaipa Valley Water Dist., fees and facilities and to pay for provided for the incidental costs associated with financing and formation of the CFD.

City of Calimesa
Organizational Structure
FY 2020-21
Administrative
Assistant I 
City Manager
Deputy City Manager/
City Clerk/HR
Public Safety Community Development
Planning Manager Public Works*
Director
Code
Enforcement*
Associate Planner
Sr. Administrative
Assistant 
Maintenance Supervisor
City Engineer*
Lead Maintenance
Worker
City Council
City Attorney*
Voters
Finance Manager
Accounting
Technician
*denotes contract employee
denotes employee is shared by multiple departments
Sr. Administrative
Assistant 
Administrative
Assistant I 
Associate Engineer*
Building &
Safety*
Fire Chief Police Chief *
Deputy Fire Chief
Battalion Chief
Fire Captain
Firefighter/EMT
Reserve Firefighter
Administrative
Administrative
Assistant I 
Assistant I 
Administrative
Assistant I  
Maintenance
Worker I

Calimesa Library Facility Evaluation
Prepared by Alyson Hamlin, Branch Manager
Winter 2019/2020

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 2 of 17
Calimesa Library Facility Evaluation
Table of Contents
Introduction 3
SWOT Report (Strengths, Weaknesses, Opportunities, & Threats) 4 Methodology 4
Summary of Findings 5
Evaluation of Existing Facility 6
Methodology 6
Library Commission Recommendations 9
Appendix A: Photos 11
Appendix B: Floorplan Changes Over Time 13

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 3 of 17
Introduction:

Library Mission Statement: Calimesa Library provides a gathering place to bring residents together and enrich people’s lives by promoting literacy and lifelong learning, while creating community connections.

Library Vision Statement: Calimesa Library embraces our rich heritage and the possibilities of our future by providing informational, educational, and social opportunities for people of all ages.

Size of building and allotted staff: The Calimesa Library is a 2,520 square foot building located at 974 Calimesa Blvd, Calimesa, CA 92320. The library employs an experienced staff of five people: 1 Manager and 4 Library Associate II employees, including one Youth Services Coordinator. Allotted employee hours are 25 hours/wk, 20 hours/week (Youth Services Coordinator), 19 hours/week, and 19 hours/week.

Scope of Programming: The Calimesa Library provides extensive programming, which is made possible not only through the hard work of it knowledgeable employees, but through the dedication of several volunteers.

Recurrent Programs include:

Baby Storytime, Preschool Storytime, STEAM (Science, Technology, Engineering, Arts, and Math), Open Book Club, Adult Craft Night, Knitting & Crochet Club, Adult Card Making Class. On top of weekly and monthly recurrent programming, the library implements an extensive Summer Reading Program, with activities and awards for every age group. Since 2017, the library has partnered with the City of Calimesa to support YCJUSD’s Summer Lunch at 4th Street Park.

In spring 2019 our library completed the following SWOT analysis to help determine the Strengths, Weaknesses, Opportunities, and Threats to the Calimesa Library. While there are many things that the library does well, the staff at Calimesa Library firmly believes in maintaining a growth mindset. To that end, a SWOT analysis was conducted to determine areas for improvement and growth.

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 4 of 17
SWOT Report (Strengths, Weaknesses, Opportunities, & Threats) Methodology:

Over a period of 90 days in spring 2019, the library was analyzed for its Strengths, Weaknesses, Opportunities, and Threats. The Branch manager analyzed several aspects of the library, from programming to circulation and collection management, to customer service. Next, library staff convened to offer their input regarding each of the SWOT categories. After that, a public forum was held where community members were free to give feedback regarding the library’s Strengths, Weaknesses, Opportunities, and Threats. The Branch Manager then analyzed notes from all three steps, giving special attention to commonly occurring themes. The SWOT analysis in this report reflects the consolidation and refinement of the information that was gathered.

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 5 of 17
Summary of Findings:

Helpful to Calimesa Library Harmful to Calimesa Library Internal Forces
(Within the library)
Strengths
• Community Relationships
• Loyal patron base
• Customer Service
• Knowledgeable, friendly staff
• Connection to vast resources
through System/Consortium
• Supportive Library
Commission/Generous Budget
• Many programs for all age
groups
• Dedicated volunteer program
providers
• 8 public PCs
• Free Wi-Fi
Weaknesses
• Poor Signage (interior and
exterior)
• No Computer classes
• Limited staff time for
- Program prep
- Professional development
- Offsite outreach
• Not enough targeted teen
marketing
• Lack of volunteers
• Lack of program
prep/professional development
time
• Small building
• No community/quiet room
External Forces
(Outside the library)
Opportunities
• Procure new signage (interior
and exterior)
• Expand eNewsletter subscriber
base
• More outreach to Latinx
community
• Offer computer classes/tech
help
• Expand parking
• Expand storage
• $1000 from EDA for SRP
• $ from EDA for Volunteer
Appreciation
• Improve outreach to schools
• Revamp volunteer program and
expand community partnerships
• Lunch at the Library Grants
(Pop up programs in Park)
• Additional staff hours provided
for Head Start and Lunch in
Park
Threats
• Poor external signage
• Low eCommerce capabilities
(credit card use not available at
front desk or printer/copier
station)
• Competing with other
extracurriculars for families’
attention (especially during
school year)
• Non-patrons unaware of library
and/or its offerings
• Aging/Bedroom community
(slow growth rates)
• Small size of building leads
people to assume lack of
resources
• Circulation trending toward
DVDs over books
• Competition with streaming
services
• Competition with other local
libraries

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 6 of 17
Evaluation of Existing Facility:

Methodology:

Staff evaluated the existing library structure’s suitability in meeting Calimesa’s needs using American Library Association (ALA) and American Planning Association (APA) standards.

From ALA Library Fact Sheet 11:

Building new libraries, additions, and even remodeling can be a daunting task, and one that most librarians do not undertake frequently. This fact sheet provides references to the tools, resources, and advice to help you manage your library building project, whether large or small. Although this list has been segmented by types of libraries, materials listed for one type may have useful information for planning other types of buildings.

Not all libraries are standalone buildings, or have the same internal features. A web search will turn up libraries that have been co-located in apartment buildings, grocery stores, senior centers, shopping malls, arts centers, and museums. Some libraries have coffee shops or theaters as well.

Please note that ALA no longer sets quantitative standards for public libraries, such as a library building with a recommended number of square feet based on population size. Such standards were last published by ALA in the 1970s. (Retrieved from http://libguides.ala.org/library-construction).

From PLA’s Planning the Public Library:

Planning the Public Library
In addition to an awareness of existing shortages, planning for library facilities requires an evaluation of future needs. These needs will continue to rise at an accelerated pace.

The general population growth is perhaps the most obvious influencing factor, but there are others as important. The proportion of younger people in the total population is continually increasing, and is also the largest group of library users, taking between 50 and 60 per cent of the books circulated by the average library.3 Similarly, the rising ratio

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 7 of 17
of retired people with both time and inclination to use library facilities will increase demand for services. Other important factors are the generally higher level of educational achievement and increasing leisure time. Finally, concerted efforts on the part of the librarian to reach a large segment of the public which is now classified among the non-users will have a major influence in determining future public library needs.

Building Size
An evaluation of building size and condition is necessary to determine whether each structure can provide necessary services. The standards for building size are generally expressed in terms of square feet per capita. The Experience Formulas for Library Size and Costs, suggest minimum sizes ranging from 0.3 sq. ft. per capita for libraries serving 50,000 people or more to 0.6 or 0.65 for those serving 10,000 to 35,000 people, Another method of evaluation is consulting with the librarian. In order to analyze librarians' opinions concerning adequacy of building size, the Cuyahoga County study developed a set of six questions which described adequacy of library space during peak hours. The librarians were asked to give a numerical rating between 1 and 3 for the following situations: (1) lack of table space or sitting space; (2) insufficient browsing space around shelves; (3) congested internal movement; (4) insufficient space around the card catalog; (5) overflow of children into adult areas; (6) high noise level.

A score of 3 was given to indicate that conditions were satisfactory; 2 meant that conditions were adequate; and 1 meant that conditions were inadequate.

Although it was recognized that this evaluation was based exclusively on opinions and that crowding, where it existed, could be caused by poor design as well as by size, this measurement was considered more accurate than population figures and square feet per capita. Local standards for building size were based, not on population, but on a ratio of number of registrants to available space prevailing in those libraries which were considered to be ample in size. The maximum and minimum standard for library gross floor area was established in this case at 1.4 sq. ft. per registrant to 2.6 sq. ft. per registrant.

Another consideration in determining building size for new construction is the minimum area considered necessary to provide adequate services and justify the cost of construction. Wheeler and Goldhor suggest a minimum floor area of 8,000 sq. ft. When projected use of facilities indicates that 8,000 sq. ft. would be too large for actual needs alternative service such as bookmobiles should be considered.15 Total Main Floor Space
With the greater emphasis on interior convenience and comfort, there is also greater emphasis on placing the library areas used by the public for reading and browsing on the first floor at sidewalk level.

Meeting Room Space

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 8 of 17
Space that is needed for auditorium and conference rooms depends on actual library programs. It should be recognized, however, that with the expanding concept of service, space should be made available for such activities as group meetings, lectures, and film showings.

Parking Facilities
The need for parking facilities should be determined in each individual case. Although the standard usually suggested is one square foot of parking for every square foot of building area, accessibility by walking and car should be taken into consideration.

The information obtained in identifying the "service areas," including the mode of transportation used by library patrons, can be used to determine need for parking facilities. In addition, it is necessary to observe the number of people who park at the library each hour to determine the maximum parking needs. Employee parking must also be provided, and, generally, two parking spaces for every three employees are considered necessary.
https://www.planning.org/pas/reports/report241.htm
Using the above methods, library staff evaluated the existing facilities. The results are included below, beginning with the raw data used for calculations:

Patron Accounts at Calimesa Library: 3119
Patrons Transacting at Calimesa Library (registered in different places as well as Calimesa): 3314
Per Capita Calculation, using population of 15,000 people:
15000 x .6 = 9000 sq ft
15000 x .65 = 9750 sq ft
Calculation using existing patron numbers:
3119 x 1.4 = 4366.6 sq ft
3314 x 2.6 = 8616.4 sq ft
Target size: 4400 – 9000 sq ft
Current Size: 2520 sq ft

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 9 of 17
Alternate Rating Method: Satisfactory Adequate Inadequate Lack of table space/sitting space: 1 2 3
Insufficient browsing space around shelves: 1 2 3
Congested internal movement: 1 2 3
Insufficient space around the computer catalog: 1 2 3
Overflow of children into adult areas: 1 2 3
High noise level: 1 2 3
Note: Further evidence of those categories receiving a “3” can be seen in photos in Appendix A.

Library Commission Recommendations:

The library has experienced quite a lot of growth in programming and community participation over the past 5 years. Staff has made modifications over that time in order to maximize the space. These modifications include acquiring new furniture that fits more efficiently in the space, and weeding the collection for outdated/underused materials to eliminate poorly placed shelving units and open up the space for more seating. The staff has rearranged the furniture multiple times as well. (For detailed view of modifications over time, see Appendix B).

Library staff has now reached a point where all shelving and floor space is being used in the most efficient way possible, and the only other option to create more floor space for programs is to eliminate much-needed shelving. Conversely, in order to create more room for shelving, the only recourse is to eliminate much needed seating. Therefore, it is the recommendation of the Library Commission that the City Council explore options for expanding the current library space, particularly the addition of a community room. The addition of another space to be used as a community room would enable additional storage for staff, free up

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 10 of 17
more space for wall shelving in the existing location, and allow for quiet study areas while maintaining the robust program schedule that the library currently provides for the community. The Library Commission also recommends that City Council hold community workshops to receive feedback from Calimesa residents regarding updates to the existing facility.

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 11 of 17
Appendix A: Photos

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 12 of 17

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 13 of 17

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 14 of 17
Appendix B: Previous Floorplans
2015

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 15 of 17
2018

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 16 of 17
Spring 2019

CALIMESA LIBRARY ENVIRONMENTAL SCAN Page 17 of 17
Fall 2019

CITY OF CALIMESA

CALIMESA LIBRARY, PHASE II

CITY OF CALIMESA

CALIMESA LIBRARY

VICINITY MAP
CONSTRUCTION NOTES:
#Item Description Quantity /Unit of Measure
CALIMESA BLVD.

PROJECT LOCATION

3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 TO: Will Kolbow, City Manager
City of Calimesa
FROM: Juan Garcia, HWS Deputy Director
DATE: August 30, 2024
RE: Notice of Funding Availability (NOFA) for the County of Riverside’s 2025- 2026 Urban County Community Development Block Grant Program Attached please find a copy of the Notice of Funding Availability (NOFA) for the County of Riverside’s 2025-2026 Urban County CDBG program for Cooperating Cities. The County opened the 2025-2026 CDBG application cycle starting August 27, 2024. In addition, the County has also begun preparing the 2024-2029 Five-Year Consolidated Plan which will include the 2025-2026 Action Plan. 2025-2026 Action Plan/Funding Cycle
Applications will be accepted from cooperating cities for both internal (city-administered projects) as well as applications from the cities’ subrecipients including non-profit organizations, special districts, or other entities. All applications are due no later than December 2, 2024. Please see “What Cooperating Cities Must Submit to the County” at the end of this letter.

The County will only accept hard-copy, paper applications from the cooperating cities for the 2025-2026 cycle. A copy of the approved 2025-2026 CDBG Application has been attached to this NOFA. A fillable pdf version of the CDBG application is available upon request. An original and one copy of each proposal must be submitted to the County together with a resolution or minute order from your Council approving the projects and authorizing the submittal of the applications.

Your city’s 2025-2026 CDBG allocation is estimated to be $27,000; this allocation is based upon updated information from HUD and is subject to change.

Each cooperating city is responsible for planning, designing, and carrying out its own CDBG application process that best meets the needs of its city. The cities can decide to fund only internal cityadministered projects, external subrecipient projects, or a combination of the two. The city council will make the final funding decisions based on the city’s priority community development needs.

3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 The County has established several minimum thresholds concerning the cooperating cities’ CDBG application process:

1. The process must be open and fair;

2. The city must publically notice (newspapers, city website, social media) the opening of the city’s 2025-2026 CDBG application cycle.

3. The notice should reference the County’s Notice of Funding Availability (NOFA) for the County of Riverside’s 2025-2026 Urban County CDBG program for Cooperating Cities;

4. The notice should be published in both English and Spanish if a significant portion of the city’s residents speak Spanish – if there is a significant number of residents that predominantly speak another language, the city should publish their notice in that language as well;

5. The notice must provide direction as to where applications can be obtained, when the applications are due, and other application submittal instructions;

6. The notice will identify any funding priorities established by the city (e.g., senior programs, street improvements, youth programs, etc.);

7. The city must allow at least 30 days for the application process;

8. The public notice must provide information on the application review and approval process (e.g., staff review/council approval; staff review/committee review/ council approval, etc.);

9. The public notice must identify a contact person for questions and assistance; and

10. The notice must contain the date, time, and location where the city council will make the final 2025-2026 CDBG funding determinations.

Your city can only submit proposals for activities that have been identified in the 2024-2029 Five Year Consolidated Plan as a priority activity for CDBG funding.

Please be sure to review the Timeliness and Drawdown section of the NOFA especially as it pertains to project readiness and completion.

What Cooperating Cities Must Submit to the County:

Please see the attached Required Submittals from Cooperating Cities for a listing of items and documentation that must be submitted by each cooperating city for the 2025-2026 CDBG cycle and the 2024-2029 Consolidated Plan.

For additional information regarding the 2025-2026 CDBG application cycle or the 2024-2029 Consolidated Plan, please contact the CDBG Program Manager assigned to your city or:

Susana Orozco CDBG Program Manager
3403 10th Street, Suite 300
Riverside, CA 92501
(951) 955-5933
[email protected]
We look forward to receiving your city’s applications for the 2025-2026 Cooperating Cities CDBG program, and we thank you for your city’s participation in the County’s CDBG program.

3403 Tenth Street, Suite 300 | Riverside, CA 92501 | FAX: (951) 374-3098 | Phone: (951) 955-1161 What Cooperating Cities Must Submit to the County

1. 2025-2026 CDBG applications as required in the attached Notice of Funding Availability (NOFA);

2. Summary of the City’s 2024-2029 Consolidated Plan community needs assessment and outreach efforts (public notices, social media, community meetings, surveys distributed/collected, etc.); and

3. The City’s five-year HUD-CPD funding priorities approved and adopted by the City Council (include staff report, minute order)
Examples: Senior and youth programs
Street and sidewalk improvements along Main Street
After School Programs
Housing Rehabilitation
Water, sewer, and fire hydrant improvements
Senior Center improvements
ADA upgrades

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: FOURTH AMENDMENT TO AGREEMENT FOR 6TH CYCLE

HOUSING ELEMENT UPDATE CONSULTING SERVICES

BETWEEN THE CITY OF CALIMESA AND KIMLEY-HORN AND
ASSOCIATES, INC (“CONSULTANT”)
MEETING DATE: December 2, 2024
PREPARED BY: Kelly Lucia, Planning Director
RECOMMENDATION: That the City Council:
a. Approve the Fourth Amendment for 6
th Cycle Housing Element update consulting services
between the City of Calimesa and Kimley-Horn Associates, Inc. and authorize the Mayor to execute the Agreement.
b. Adopt Resolution No. 2024-62, A Resolution of the City Council of the City of Calimesa, California amending the FY24-25 Budget to include an adjustment in the Community Development Department(Planning, Building & Safety, Code Enforcement) Professional Services Account in the General Fund.

BACKGROUND/DISCUSSION: The City entered into an agreement with Kimley-Horn for the General Plan 6th Cycle Housing Element update on June 7, 2021. The City Council approved the First Amendment to extend the contract term on June 20, 2022, the Second Amendment to further extend the term on June 19, 2023, and the Third Amendment to increase the total contract amount to allow final processing with HCD. Since entering into the contract, the consultant has conducted various community meetings, public workshops, and study sessions with the Planning Commission/City Council. This feedback resulted in the preparation and submission of a completed draft Housing Element update to the State of California Department of Housing and Community Development (“HCD”), who reviews each jurisdiction’s required Housing Element against state housing law. With Kimley Horn’s assistance, HCD and the City worked through several rounds of submittal, comment, and revision. On October 4, 2024, HCD issued a Housing Element Certification Letter, which informed the City that its adopted housing element had been found in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq). See Attachment A.

The HCD letter further informed the City that it must continue timely and effective implementation of all programs including, but not limited to the following:
• Program Action H-1.4: Reasonable Accommodation
• Program Action H-2.1: Affirmatively Furthering Fair Housing

• Program Action H-2.3: Housing Rehabilitation Program
• Program Action H-2.8: Emergency, Transitional and Supportive Housing • Program Action H-2.11: Supportive Housing and Low Barrier Navigation Centers • Program Action H-3.5: Accessory Dwelling Units
• Program Action H-3.11: Subdivision of Existing Lands
• Program Action H-3.12: Objective Design Standards
• Program Action H-3.13: SB 35 Streamlining Provisions
• Program Action H-3.17: Replacement Housing
• Program Action H-3.18: Pipeline Project – The Heights Specific Plan • Program Action H-3.19: Objective Development Standards • Program Action H-4.4: Density Bonus
The current request is to modify the existing agreement to add additional tasks related to required Housing Element implementation. See Attachment B. The tasks include grouped zoning code amendments, an ADU guide, SB 35 Streamlining Provisions, and Supplemental Applications for Replacement Housing. The full scope of work is provided as Attachment C. The anticipated total to complete the tasks associated with this contract amendment is $34,814. Staff is requesting a total contract increase in the amount of $38,295, inclusive of a 10% contingency.

FISCAL IMPACT: The 2024-25 FY budget includes $20,000 towards approval of a General Plan Safety Element update. Staff proposes to temporarily delay completion of the Safety Element update in order to ensure that these required Housing Element implementation tasks are completed.

If approved, the total fiscal impact for Fiscal Year is $18,295, inclusive of a 10% budget contingency.

The general fund budget has a sufficient balance available in Fiscal Year 2024-25 based on anticipated savings in other contracts for the additional commitment of $18,295. Attachment D amends the 2024-25 budget adjustment to increase appropriations in account 01-3000-7210.

ATTACHMENTS:

Attachment A: HCD Housing Element Certification Letter dated October 4, 2024 Attachment B: Fourth Amendment to Agreement for 6
th Cycle Housing Element Update
Consulting Services between the City of Calimesa and Kimley-Horn and Associates, Inc. (“Consultant”)
Attachment C: Scope of Work and Fee Proposal – Amendment No. 4 to Professional Services Agreement
Attachment D: CC Resolution 2024-62 FY 2024-25 Budget Adjustment to Increase Appropriations in account 01-3000-7210.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 4, 2024
Will Kolbow, City Manager
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Dear Will Kolbow:

RE: Calimesa’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Calimesa’s (City) housing element that was adopted August 19, 2024 and received for review on August 27, 2024. In addition, the California Department of Housing and Community Development (HCD) received Ordinance 399 related to rezoning to address housing needs. Pursuant to Government Code section 65585, HCD is reporting the results of its review.

HCD is pleased to find the adopted housing element in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq) as of the date of this letter.

The adopted element addresses the statutory requirements that were described in HCD’s January 19, 2024 review. Furthermore, as demonstrated by Ordinance Number 399, the City has completed all necessary rezoning actions as described in HCD’s January 19, 2024 review. For example, the City has completed the necessary provisions of Program Action H-3.1 (Establish a Rezone Program for Unaccommodated RHNA Need for the 2021-2029 Planning Period), Program Action H-3.2 (Use of 5th Cycle Housing Sites) and Program Action H-3.20 (Use of Sites from Previous Housing Element Cycles). These Programs and rezoning meet statutory requirements pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c).

Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following:
• Program Action H-1.4: Reasonable Accommodation
• Program Action H-2.1: Affirmatively Furthering Fair Housing • Program Action H-2.3: Housing Rehabilitation Program
• Program Action H-2.8: Emergency, Transitional and Supportive Housing • Program Action H-2.11: Supportive Housing and Low Barrier Navigation Centers • Program Action H-3.5: Accessory Dwelling Units
• Program Action H-3.11: Subdivision of Existing Lands

Will Kolbow, City Manager

• Program Action H-3.12: Objective Design Standards
• Program Action H-3.13: SB 35 Streamlining Provisions
• Program Action H-3.17: Replacement Housing
• Program Action H-3.18: Pipeline Project – The Heights Specific Plan • Program Action H-3.19: Objective Development Standards • Program Action H-4.4: Density Bonus
The City must monitor and report on the results of these and other programs through the annual progress report, required pursuant to Government Code section 65400.

Please be aware, Government Code section 65585, subdivision (i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City now meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD wishes the City success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Jamillah Williams, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

1 FOURTH AMENDMENT TO AGREEMENT FOR 6
th CYCLE

HOUSING ELEMENT UPDATE CONSULTING SERVICES
BETWEEN THE CITY OF CALIMESA AND KIMLEYHORN AND ASSOCIATES, INC (“CONSULTANT”) This Fourth Amendment (herein “Fourth Amendment”) is entered into this 2 nd day of
December 2024 and is an amendment to that certain Agreement (herein “Agreement”) that was made and entered into on June 7, 2021 and between the City of Calimesa, a California municipal corporation (“City”) and Kimley-Horn, a North Carolina corporation (“Consultant”). City and Consultant may be collectively referred to as “Parties.”

R E C I T A L S
WHEREAS, City has determined that it requires a consultant to provide planning and environmental consulting services;
WHEREAS, Consultant represents that Consultant has the necessary education, experience, skills, and expertise to provide the type of services needed by City to provide planning and environmental consulting services;
WHEREAS, on June 7, 2021, the City entered into an Agreement with Consultant to provide planning and environmental consulting services to the City with an agreed upon cap in payment for all terms of $199,430;
Whereas, on June 20, 2022, the City approved the First Amendment to the Agreement to extend the term until June 7, 2023;
WHEREAS, on June 19, 2023, the City approved the Second Amendment to the Agreement to extend the term to June 30, 2024, with an option to extend to June, 30 2025; WHEREAS, on April 15, 2024, the City approved the Third Amendment to the Agreement to extend the term to June 30, 2025, with an option to extend to June 30, 2026, and to increase the not-to-exceed amount by $15,000 for work performed prior to June 30, 2025; and WHEREAS, the Parties now desire to amend the Agreement to include Housing Element program implementation in the scope of work, and to increase the not-to-exceed amount by $38,295.

NOW, THEREFORE, the Parties agree as follows:

Section 1. Subsections 4.A and 4.B of Section 4 (Payment) are hereby amended in their entirety to read as follows:
“A. City shall pay Consultant monthly for Services actually provided, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit C (Compensation for Services), attached hereto and incorporated herein by this reference as though set forth in full. In accordance with Exhibit C, total fees for services shown in the Scope of Work (Exhibit B) shall be provided on a lump sum basis not to exceed $252,725 in accordance with Paragraph B of this Section 4, and in accordance with the conceptual breakdown of Consultant’s fees listed in Exhibit C. Charges for Services will be billed monthly on a percent complete basis.” “B. The total amount paid to Consultant under this Agreement, as amended, for the Term, as previously extended, shall not exceed $252,725, including Reimbursable Expenses in

2 accordance with Exhibit C, unless additional payment is approved by the City Manager as provided in Paragraph (C) of this Section 4. As used in this Agreement, the term “Reimbursable Expenses” means charges for printing, copying, mileage, postage, outside services, or other services not specifically listed in the Scope of Work (Exhibit B). Reimbursable Expenses will be billed on a time and material basis, in accordance with Exhibit C (Compensation for Services), attached hereto and incorporated herein by this reference. Project review and/or filing fees are not included in this Agreement and shall be paid by the City directly to the appropriate governmental agency.

Consultant’s maximum total compensation of $252,725 also includes payment of all taxes, insurance and fringe benefits, as well as all indirect costs, overhead and profit allowance, vehicles, travel, equipment, materials and supplies, except as otherwise authorized in Exhibit C unless payment for additional expenses is approved by the City Manager in accordance with Paragraph B of this Section 4.

Section 2. Except as otherwise amended in the previously approved First, Second, Third, and this Fourth Amendment, the remaining provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, City and Consultant have executed this Fourth Amendment to the Agreement the day and year first above written.

ATTEST:

By: ____________________________
Darlene Gerdes, City Clerk
“City”
THE CITY OF CALIMESA, a municipal
corporation of the State of California
By:

William Davis, Mayor
APPROVED AS TO FORM:
________________________________
Quinn Barrow
City Attorney
CONSULTANT:

Kimley Horn
By:

Name:

Title:

By:

Name:

Title:

kimley-horn.com 1100 W Town & Country Road Suite 700, Orange CA 92868 714-409-9624 AMENDMENT NUMBER 4

TO THE AGREEMENT BETWEEN

CITY OF CALIMESA
AND
KIMLEY-HORN AND ASSOCIATES, INC.

This Amendment #4, dated November 20, 2024, is to the agreement between the City of Calimesa, ("Client") and Kimley-Horn and Associates, Inc. ("Consultant") per the contract agreement dated June 7, 2021 ("the Agreement") concerning the City of Calimesa Housing Element Update ("Project").

The Consultant has entered into the Agreement with Client for the furnishing of professional services, and the parties now desire to amend the Agreement.

Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference.

CLIENT: CONSULTANT:

CITY OF CALIMESA KIMLEY-HORN AND ASSOCIATES, INC.

By: ______________________________ By: Bryant de la Torre Title: _____________________________ Title: Project Manager Date: _____________________________ Date: November 20, 2024 By: Jacob Glaze, PE
Title: Vice President
Date: November 20, 2024

kimley-horn.com 1100 W Town & Country Road Suite 700, Orange CA 92868 714-409-9624 This is Exhibit A to Amendment Number 4,
Dated: November 20, 2024
This amendment modifies the existing Agreement to add additional tasks to be completed by KimleyHorn with the remaining budget.

CONTRACT STATUS
The following outlines the status of the contract as originally scoped:

Task 1 – Project Kickoff and Schedule: Completed
Task 2 – Project Team Coordination: Completed
Task 3 – Housing Element Components: Completed
Task 4 – Community Engagement: Completed
Task 5 – Draft Housing Element: Completed
Task 6 – Environmental Compliance: Completed
Task 7 – Public Hearings: Completed
Task 8 – Amendment #3: Completed

AMENDMENT REQUESTED
The City has requested that Kimley-Horn develop a scope and fee to assist in the implementation of various Housing Element program actions.

Table 1 below establishes the program actions the City and Kimley-Horn have agreed upon. The anticipated budget listed below is an estimate and Kimley-Horn reserves the right to allocate funds between tasks provided the Anticipated Total is not exceeded.

In summary, a contract amendment is requested to allocate additional funds to address the following new tasks:

Table 1: Contract Amendment Tasks and Budget
Task Number Description Anticipated Budget
Task 9
Grouped Zoning Code Amendments, ADU Guide (not including pre-approved ADU plans), SB 35 Streamlining Provisions, and Supplemental Applications for Replacement Housing
$22,148
Task 10 Meetings and Public Hearing Attendance (2) $11,135 Other Direct Costs (Mileage/Outside Printing/Courier Services/Etc.) $1,531 Anticipated Total $34,814
Total fees for services shown in the Table 1 shall be provided on a lump sum basis not to exceed $34,814. Should additional efforts be identified by the City, this would be considered additional services, and another Contract Amendment may be drafted. Similarly, should amendment tasks detailed in Table 1 require additional efforts beyond what this amendment scopes, Kimley-Horn will notify the City.

kimley-horn.com 1100 W Town & Country Road Suite 700, Orange CA 92868 714-409-9624 Task 9: Grouped Programs
Table 2: Grouped Programs
Program Action Description
Task 9: Grouped Programs
H-1.4 Reasonable
Accommodation
Kimley-Horn will review the conditions of approval for reasonable accommodation and revise them where appropriate to ensure compliance with fair housing laws. Kimley-Horn will review the conditions of approval to remove subjective decision-making criteria.

H-2.8 Emergency,
Transitional and Supportive
Housing
Kimley-Horn will update the Municipal Code to comply with statutory requirements related to Emergency (AB 2339), Transitional and Supportive Housing (AB 2162).

H-2.11 Supportive Housing
and Low Barrier Navigation
Centers
Kimley-Horn will update the Municipal Code to comply with State law and adopt policies, procedures, and regulations for processing this type of use to establish a non-discretionary local permit approval process that must be provided to accommodate supportive housing and lower barrier navigation centers per State law.

H-3.5 Accessory Dwelling
Units
Kimley-Horn will develop an ADU guide/plan that incentivizes and promotes the development of ADUs that can be offered at affordable rents for very-low to moderate-income households. The plan may include, but is not limited to, the following incentives:
• Waived permitting fees for ADUs under certain sizes and/or deed restricted as affordable to lower-income households for a period of 55 years.
• Information ADU materials online and at City Hall guiding applicants through the permitting and construction process. • ADU webpage informing the community on code, processes, and incentives
Kimley-Horn is not proposing to complete permit-ready ADU plans or objective design standards at this time.

H-3.13 SB 35 Streamlining
Provisions
Kimley-Horn will draft language for the City to establish written procedures to comply with California Government Code Section 65913.4 and publish those procedures for the public, as appropriate, to comply with the requirements of SB 35, Chapter 366 Statues 2017.

H-3.14 Farmworker and
Agricultural Worker Housing
Kimley-Horn will amend the Municipal Code to be in compliance with Health and Safety Code, 17021.5, 17021.6 and 17021.8. and define agricultural employee housing in a manner consistent with applicable Health and Safety Code sections
H-3.15 Small Lots Kimley-Horn will amend the Municipal Code to create, adopt, and promote a Small Lot Subdivision Ordinance with the goal of incentivizing the development of affordable units and improving the path to home ownership for first-time homebuyers.

H-3.17 Replacement Housing Kimley-Horn will draft language for the City to adopt a formal replacement housing program to ensure the replacement of any units lost for housing units shall comply with the same requirements pursuant to Government Code section 65915.

H-3.19 Residential Care
Facilities
Kimley-Horn will amend the Municipal Code to allow community care facilities for seven or more persons without a conditional use permit in any residential zone.

H-4.4 Density Bonus Kimley-Horn will update the Density Bonus Ordinance.

kimley-horn.com 1100 W Town & Country Road Suite 700, Orange CA 92868 714-409-9624 Task 10: Meetings and Public Hearings
Kimley-Horn will meet regularly with the project team to coordinate project deliverables, data, and public meetings. The scope and fee provided assume bi-monthly meetings via Teams (up to 15 calls) will occur throughout the duration of the project and face-to-face meetings when circumstances warrant.

The Kimley-Horn team will attend up to two (2) Public Hearings. These meetings include one (1) Planning Commission and one (1) City Council Public Hearing.

RESOLUTION 2024-62

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

TO INCLUDE AN ADJUSTMENT IN THE COMMUNITY

DEVELOPMENT DEPARTMENT (PLANNING, BUILDING &

SAFETY, CODE ENFORCEMENT) PROFESSIONAL SERVICES

ACCOUNT IN THE GENERAL FUND
WHEREAS, the City is required by State Housing Law to update and maintain a Housing Element certified by the Department of Housing and Community Development (“HCD”); and
WHEREAS, the City received Housing Element Certification from HCD on October 4, 2024; and

WHEREAS, in order to remain compliant with State Housing Law, the City is required to implement the programs described in its certified Housing Element.

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

The Fiscal Year 2024-25 General Fund Budget is hereby amended as follows:
• Increase appropriations in account 01-3000-7210 by $18,295.

PASSED, APPROVED, and ADOPTED this 4
th day of November 2024.
_____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: ANNUAL REPORT AND FIVE-YEAR REPORT REGARDING

DEVELOPMENT IMPACT FEES
MEETING DATE: December 2, 2024
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file this Annual Report regarding developer impact fees (hereinafter referred to as DIF) and make the findings listed below.

BACKGROUND: Government Code Section 66006 requires local agencies to submit annual reports detailing the status of development impact fees. The annual report must be made available to the public within 180 days after the last day of the fiscal year and must be presented to the public agency as an informational report.

This report summarizes the following information for each of the development fee programs:
• Description of the type of fee in the account or fund • The amount of the fee
• Beginning and ending fund balances
• Amount of fees collected, and interest earned
• Identification of public improvements for which fees were expended • Identification of any inter-fund transfers or loans from the fund • Reporting of refunds
To the extent there is an accumulation of fees in any fee category in excess of five years, whereby, the June 30, 2024 ending fund balance amounts exceed mitigation fees collected over five years, from July 1, 2019 - June 30, 2024, Government Code Section 66001 (d) requires the local agency to make certain findings. These findings are as follows:
• Identify the purpose for which the fees will be spent • Indicate the fee was appropriately charged by demonstrating a reasonable relationship between the fee and the purpose for which it was charged • Identify any other sources and amounts of funding that are necessary to complete improvements
• Identify the projected timeline for having all projected funding for making the identified improvements

DISCUSSION: Attached as Exhibit A is a Developer Impact Fee status report reflecting activity for the Fiscal Year 2023-24. A determination has been made, by fee category, as to whether there are mitigation fees remaining unexpended in excess of five years. There are five categories of mitigation fees with unexpended funds in excess of five years; Flood Control/Drainage, Administrative Facilities, Library Facilities, Law Enforcement Facilities and Park Improvements. Please note that in Street/Traffic Improvement Fund certain nonmitigation revenue and related expenditures including grants and other developer contributions for several capital projects. The required findings in each fee category are as follows:

Flood Control/Drainage Fees:

The purpose of the City’s Flood Control/Drainage Fees is to construct new flood control facilities to accommodate storm water from new development to serve the City and its residents. The relationship between the fee imposed and the purpose for which it is imposed is to mitigate the impact of new development on the need for flood control facilities that serve new development. The nexus and proportionality for the fee imposed is provided for in the DIF study that was prepared at the time the fees were established. The City hereby incorporates the findings from that study into this report. The City is preparing for the Calimesa Creek Stage III Improvement project. Once completed, the project would provide 100 year flood protection to existing and future development along County Line Road and Calimesa Creek from 5th Street to Interstate 10. The funding sources for the project include an EPA grant which concluded in Fiscal Year 2019-20, Development Impact Fee revenue and a Riverside County Flood Control grant. The City anticipates construction to begin on this project in 2025.

Administrative Facilities
The purpose of the City’s Administrative Facilities fees is to support City administrative capacity to serve the residents and businesses as the City grows due to new developments, in the form of a new City Hall. The relationship between the fee imposed and the purpose for which it is imposed is to mitigate the impact of new development on the need for City Administrative facilities to serve new development. The nexus and proportionality for the fee imposed is provided for in the DIF study that was prepared at the time the fees were established. The City hereby incorporates the findings from that study into this report. The sources of funding for this improvement are identified in the attached DIF status report. The City is currently working with available resources which includes the mitigation fees to support future City Hall expansion. The City anticipates proposed new facilities to begin in Fiscal Year 2026.

Library Fees:

The purpose of the City’s Library Facilities Fees is to construct a new library to serve the residents and business within new developments in the City. The relationship between the fee imposed and the purpose for which it is imposed is to mitigate the impact of new development on the need for library services to serve new development. The nexus and proportionality for the fee imposed is provided for in the DIF study that was prepared at the time the fees were established. The City hereby incorporates the findings from that study

into this report. The sources of funding for this improvement are identified in the attached DIF status report. The City and County of Riverside have entered a partnership wherein the County would provide the majority of funding and project management staff to contract and construct a new, larger 5,550 square foot library facility on the site of the current library. The City Council agreed to contribute $1,110,000 of DIF Funds, $226,285 from the Library Operations Fund and $77,861 in donations/deposits for a total of $1,414,146. The balance of funding for the project estimated at an additional $2.5 million will be paid for by the County of Riverside. It is anticipated the new facility will be completed and available for use by the public by June 2025.

Law Enforcement Fees:

The purpose of the City’s Law Enforcement Facilities Fees is to construct a new police services facility in the City to serve the residents and businesses within new developments in the City. The relationship between the fee imposed and the purpose for which it is imposed is to mitigate the impact of new development on the need for law enforcement services to serve that new development. The nexus and proportionality for the fee imposed is provided for in the DIF study that was prepared at the time the fees were established. The City hereby incorporates the findings from that study into this report. The sources of funding for this improvement are identified in the attached DIF status report. The City currently contracts with the County of Riverside for Sheriff (Police) services. It is anticipated that a facility will be built in the next 10 to 15 years. It is also a possibility that a substation be added at the planned new fire station within the emergency operations center. The City’s Law Enforcement Facilities Fees will be expended when law enforcement facility expansion projects move forward.

Park Improvement Fees:

The current purpose of the City’s Park Improvement Fees is to construct additional park facilities to serve the City and its residents. The relationship between the fee imposed and the purpose for which it is imposed is to mitigate the impact of new development on the need for additional parks to serve that new development. The nexus and proportionality for the fee imposed is provided for in the DIF study that was prepared at the time the fees were established. The City hereby incorporates the findings from that study into this report. The sources of funding for this improvement are identified in the attached DIF status report. The City owns 2.31 acres of undeveloped parkland referred to as Mountainview Park Phase 2.

Initial concepts have been discussed and community input obtained resulting in expansion of the park to include four pickle ball courts, walking trails, an adaptable open sports area, parking lot, maintenance shed and bathrooms. The City Council approved expenditures in total of $3,283,550 for construction and a contract with a Landscape Architect-Planning firm for Mountainview Park Phase 2 design services. It is anticipated that the new park expansion will be completed and available for use by the public by June 2025.

Street/Traffic Improvement Fees
The purpose of the City’s Street and Traffic Fees as new development contributes to cumulative city-wide traffic impacts. The relationship between the fee imposed and the purpose for which it is imposed is to mitigate the impact of new development on the need for new streets and additional capacity on existing streets to serve that new development. The

nexus and proportionality for the fee imposed is provided for in the DIF study that was prepared at the time the fees were established. The City hereby incorporates the findings from that study into this report. The sources of funding for this improvement are identified in the attached DIF status report. The use of mitigation fees includes the LPP Roundabout Project which creates Roundabouts on County Line Road, as well as a multilane roundabout at County Line Road and Calimesa Blvd. This project is funded in part through mitigation fees and grant revenue. The anticipated completion date for the LPP Roundabout Project is March 2025, and the estimated completion date for the multilane roundabout at County Line Road and Calimesa Blvd is December 2025.

FISCAL IMPACT: There is no fiscal impact on the filing of this annual report.

ATTACHMENTS:

Attachment A: Development Impact Fee Status as of June 30, 2024 Attachment B: Development Impact Fee Table of Fees

Fire Flood Control/ Administrative Library Law Enf. Street/Traffic Park Total Facilities Drainage Facilities Facilities Facilities Improvement Improvement All Funds Beginning Fund Balance $ (81,471) $ 3,038,733 $ 2,459,146 $ 1,180,217 $ 552,294 $ 532,506 (4) $ 3,297,931 $ 10,979,356 Revenues:

Mitigation Fees - - - - - - - -
Interest Income 3,087 118,840 101,726 48,987 22,451 23,894 135,560 454,545 Other & Governmental Revenue - 3,012,476 - - - 1,312,208 (5) 161,000 4,485,684 Total Revenue $ 3,087 $ 3,131,316 $ 101,726 $ 48,987 $ 22,451 $ 1,336,102 $ 296,560 $ 4,940,229 Expenditures:

Planning - - - - - - 137,341 (7) $ 137,341
Engineering & Professional Services - 24,503 (3) - - - 281,955 (6) - 306,455 Construction/Improvements - 3,197,883 45,000 (8) - - 699,320 (6) - 3,942,203 Vehicles and Equipment - - - - - - - -
Administration 6,184 (1) 5,184 (1) 5,984 (1) 5,184 (1) 5,184 (1) 9,384 (1) 5,184 (1) 42,288 Debt Service 57,021 (2) - - - - - - 57,021
Transfers, Loans, Refunds - - - - - - - -
Total Expenditures $ 63,205 $ 3,227,570 $ 50,984 $ 5,184 $ 5,184 $ 990,659 $ 142,525 $ 4,485,311 Ending Fund Balance $ (141,589) $ 2,942,479 $ 2,509,888 $ 1,224,020 $ 569,561 $ 877,949 $ 3,451,966 $ 11,434,274 Mitigation Fees Collected
FY2019-20 to FY2023-24: $ 145,074 $ 1,857,541 $ 1,777,539 $ 459,142 $ 147,516 $ 821,380 $ 769,978 Fund Balance vs. Fees Collected $ (286,663) $ 1,084,938 $ 732,349 $ 764,878 $ 422,045 $ 56,569 $ 2,681,988 Accumulation in Excess of 5 Years No Yes Yes Yes Yes Yes Yes (1) Fees expended for administration of mitigation fee program related actvities. (2) Expenditures are related to vehicles for the Fire Department. (3) Expenditures are related to the Calimesa Creek Project. (4) Prior period adjustments are included in Beginning Fund Balance. (5) Other revenues include grant revenue, governmental, and developer contributions. This fund contains several capital project from which are funded by other sources than DIF Fees (6) Expenditures relate to several road construction projects including Cherry Valley Interchange, Calimesa Roundabouts project, Singleton Interchange and other. (7) The City of Calimesa is preparing for the Mountainview Street Park Expanstion project, expenditures relate to Landscape Architect. (8) The City of Calimesa DIF fund provided funding for City Hall improvements to expand capacity and use of facility.

CITY OF CALIMESA ATTACHMENT A

DEVELOPMENT IMPACT FEE STATUS
FISCAL YEAR ENDED JUNE 30, 2024

CITY COUNCIL MEETING

AGENDA REPORT
Agenda Item No. 11
SUBJECT: SPECIAL TAX AND BOND ACCOUNTABILITY REPORTS FOR PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1, COMMUNITY FACILITIES DISTRICT NO. 2012-1(SINGLETON HEIGHTS), COMMUNITY FACILITIES DISTRICT NO. 2013-1(JP RANCH) AND COMMUNITY
FACILITIES DISTRICT NO. 2018-1 (SUMMERWIND TRAILS) FOR FISCAL YEAR 2023-24
MEETING DATE: December 2, 2024
PRESENTED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: It is recommended that the City Council receive and file Special Tax and Bond Accountability Reports for Fiscal Year 2023-24.

BACKGROUND/DISCUSSION: The Special Tax and Bond Accountability Reports provide financial information prepared in compliance with the Local Agency Special Tax and Bond Accountability Act (“Accountability Act”). The Accountability Act was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying the special tax and or issuing a bond measure and shall contain a description of the following:
(1) The amount of funds collected and expended.
(2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

In accordance with the requirements, the City has prepared an accountability report for active Community Facility Districts detailed below:
• Public Services Community Facilities District No. 1
• Community Facilities District No. 2012-1(Singleton Heights) • Community Facilities District No. 2013-1(JP Ranch)
• Community Facilities District No. 2018-1 (Summerwind Trails) ATTACHMENTS:

Attachment A: Special Tax and Bond Accountability Reports for Fiscal Year 2024-24

City of Calimesa
Public Services
Community Facilities District No. 1
(Law Enforcement, Fire, Paramedic,
and Park Maintenance)
Special Tax Accountability Report
(SB 165)
Fiscal Year 2023/2024
Prepared for:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
T. 909.795.9801

City of Calimesa
William Kolbow, City Manager
Celeste Reid, Finance Director
908 Park Avenue
Calimesa, CA 92320
T. 909.795.9801
Special Tax Counsel
Norton Rose Fulbright US LLP
555 S. Flower Street, 41st Floor
Los Angeles, CA 90071
T. 213.892.9320
Special Tax Administrator
Koppel & Gruber Public Finance
Lyn Gruber / Nick Farrel
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
T. 760.510.0290

TABLE OF CONTENTS
Section I. Background and Overview ..................................................................................2 A. Community Facilities District Background ...............................................................2 Section II. Collection of Special Taxes.................................................................................3

City of Calimesa, Public Services Community Facilities District No. 1 2 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION I. BACKGROUND AND OVERVIEW
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001.

According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), the Local Agency Special Tax and Bond Accountability Act Compliance (the “Report”) must be filed annually by the local agency levying a special tax and/or issuing a bond measure on or before each January 1, commencing January 1, 2002 and shall contain a description of the following:
(1) The amount of funds collected and expended to fund authorized facilities. (2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

The information contained in this Report has been compiled and is being presented pursuant to and in accordance with the requirements outlined in the Accountability Act for Fiscal Year 2023/2024.

A. Community Facilities District Background
On July 17, 2006, the City Council (“Council”) of the City of Calimesa (“City”) adopted a resolution of intention to form Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic, and Park Maintenance) (“PSCFD No. 1”), for the purpose of (1) police protection services, (2) fire protection/paramedic services, and (3) park maintenance services that are in addition to those provided in the territory within the CFD prior to the formation of PSCFD No. 1 and (4) the incidental expenses related to financing, forming and administering PSCFD No. 1.

On September 18, 2006, City Council adopted resolutions establishing PSCFD No. 1 and the qualified electors of PSCFD No. 1 authorized the City to levy a special tax.

It is the City’s intention to annex new developments into CFD No.1 as they are approved to provide for the Services in new growth areas of the City. Since the formation of PSCFD No. 1 the City Council has adopted resolutions approving four (4) annexations: Annexation No. 1 (JP Ranch), Annexation No. 2 (Summerwind Trails), Annexation No. 3 (Oak Valley Partners) and Annexation No. 4 (Summerwind Commons).

City of Calimesa, Public Services Community Facilities District No. 1 3 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION II. COLLECTION OF SPECIAL TAXES
The table below provides a summary of the Special Taxes deposited, interest accrued, transfers, and other transactions within the Special Tax Fund for fiscal year ended June 30, 2024.

Item Balance
Beginning Balance as of July 1, 2023 $567,464.33
Sources of Funds
Special Tax Receipts $871,865.74
Interest Accrued 20,782.92
Miscellaneous Transfers (in)1 0.00
Subtotal: Sources $892,648.66
Uses of Funds
Administrative Expenses $(15,763.55)
Public Safety Services (970,000.00)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(985,763.55)
Ending Balance as of June 30, 2024 $474,349.44

City of Calimesa
Community Facilities District No. 2012-1
(Singleton Heights)
Special Tax Accountability Report
(SB 165)
Fiscal Year 2023/2024
Prepared for:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
T. 909.795.9801

City of Calimesa
William Kolbow, City Manager
Celeste Reid, Finance Director
908 Park Avenue
Calimesa, CA 92320
T. 909.795.9801
Bond Counsel
Norton Rose Fulbright US LLP
555 S. Flower Street, 41st Floor
Los Angeles, CA 90071
T. 213.892.9320
Fiscal Agent
U.S. Bank Trust Company, National Association
633 West Fifth Street, 24th Floor
Los Angeles, CA 90071
T. 213.615.6079
Special Tax Administrator
Koppel & Gruber Public Finance
Lyn Gruber / Nick Farrel
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
T. 760.510.0290

TABLE OF CONTENTS
Section I. Background and Overview ..................................................................................1 A. Community Facilities District Background ...............................................................1 B. Authorized Facilities.................................................................................................2 C. Authorized Services..................................................................................................2 D. Bond Issuance Summary..........................................................................................2 Section II. Collection of Special Taxes.................................................................................4 A. Special Tax Funds.....................................................................................................4 B. Special Tax Collections and Expenditures (Services) ...............................................5 C. Status of Authorized Facilities Projects ...................................................................6

City of Calimesa, Community Facilities District No. 2012-1 (Singleton Heights) 1 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION I. BACKGROUND AND OVERVIEW
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001.

According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), the Local Agency Special Tax and Bond Accountability Act Compliance (the “Report”) must be filed annually by the local agency levying a special tax and/or issuing a bond measure on or before each January 1, commencing January 1, 2002 and shall contain a description of the following:
(1) The amount of funds collected and expended to fund authorized facilities. (2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

The information contained in this Report has been compiled and is being presented pursuant to and in accordance with the requirements outlined in the Accountability Act for Fiscal Year 2023/2024.

A. Community Facilities District Background
On March 5, 2012, the City Council (“Council”) of the City of Calimesa (“City”) adopted a resolution of intention to form Community Facilities District No. 2012-1 (Singleton Heights) (“CFD No. 2012-1”), along with two separate improvement areas (“Improvement Area No. 1” or “IA 1”, and “Improvement Area No. 2” or “IA 2”), to levy two special taxes; 1) for the purpose of financing public improvements to meet the needs of new development or pay debt service on bonds issued to finance such facilities, and 2) to pay for authorized services.

After conducting a noticed public hearing, the Council adopted an ordinance establishing CFD No. 2012-1, providing for the levy of special taxes, approving the proposed ratesand methods of apportionment of special taxes, and approving the issuance of bonded indebtedness to finance the authorized facilities (“Facilities”) and; to pay for maintenance services (“Services”).

On April 16, 2012, an election was held within CFD No. 2012-1 in which the landowner(s) eligible to vote approved the levy of special taxes and the issuance of bonds in an amount not to exceed $16,000,000.

City of Calimesa, Community Facilities District No. 2012-1 (Singleton Heights) 2 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
B. Authorized Facilities
Special Tax A collected within CFD No. 2012-1 is to provide for the cost of financing the acquisition and construction of certain public facilities within the City (“Facilities”).

Descriptions of the authorized Facilities are as follows:

IA 1 IA 2
City of Calimesa Infrastructure City of Calimesa Infrastructure Streets and Traffic Improvement Streets and Traffic Improvement Drainage Drainage
Library Facility Library Facility
Fire Service Facility Fire Service Facility
Law Enforcement Facility Law Enforcement Facility
Park Facilities Park Facilities
Multiple Species Habitat Conservation Plan
C. Authorized Services
The Special Tax B collected within CFD No. 2012-1 IA 1 and IA 2 is to pay for the costs of irrigated open space areas; non-irrigated open space or fuel modification areas; streetscape landscaping; slope landscaping; landscape improvements associated with the drainage easement areas and/or detention basins (both irrigated and non-irrigated); and public street lighting within and associated with the development of properties within or in the vicinity of CFD No. 2012-1.

D. Bond Issuance Summary
Bonds were issued on August 20, 2014 in the amount of $2,855,000 (the “2014 Bonds”). The annual debt service on the 2014 Bonds is being repaid by the facilities Special Tax A levied on properties within Improvement Area No. 1.

Bonds were issued on May 18, 2017 in the amount of $4,205,000 (the “2017 Bonds”). The annual debt service on the 2017 Bonds is being repaid by the facilities Special Tax A levied on properties within Improvement Area No. 2.

The tables below summarizes the application of the Bond proceeds:
2014 Bond Proceeds IA 1
Fund/Account/Sub-Account Bond Proceeds
Acquisition and Construction Fund $2,352,653.65
Reserve Fund 231,310.58
Costs of Issuance Fund 125,000.00
Interest Account 16,042.67
Original Issue Discount 77,175.60
Underwriter’s Discount 52,817.50
Total $2,855,000.00

City of Calimesa, Community Facilities District No. 2012-1 (Singleton Heights) 3 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
2017 Bond Proceeds IA 2
Fund/Account/Sub-Account Bond Proceeds
Acquisition and Construction Fund $3,621,338.75
Reserve Fund 327,293.58
Costs of Issuance Fund 134,500.00
Interest Account 7,946.62
Original Issue Discount 50,846.05
Underwriter’s Discount 63,075.00
Total $4,205,000.00

City of Calimesa, Community Facilities District No. 2012-1 (Singleton Heights) 4 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION II. COLLECTION OF SPECIAL TAXES
A. Special Tax A Funds
In accordance with the Indenture, all Facilities Special Tax A collected by the City shall be deposited in the Special Tax Fund held by the Fiscal Agent. The table below provides a summary of the Facilities Special Taxes deposited, interest accrued, transfers, and other transactions within the Special Tax Fund for fiscal year ended June 30, 2024.

Facilities Special Tax A
Improvement Area No. 1
Item Balance
Beginning Balance as of July 1, 2023 $213,586.99
Sources of Funds
Special Tax Receipts $177,954.07
Interest Accrued 6,101.62
Miscellaneous Transfers (in)1 50.83
Subtotal: Sources $184,106.52
Uses of Funds
Administrative Expenses $(14,092.34)
Transfers to Bond Fund (Debt Service) (155,926.36)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(170,018.70)
Ending Balance as of June 30, 2024 $227,674.81
1 An adjustment was made to capture additional interest earnings from the Fiscal Agent.

Facilities Special Tax A
Improvement Area No. 2
Item Balance
Beginning Balance as of July 1, 2023 $141,835.21
Sources of Funds
Special Tax Receipts $234,839.67
Interest Accrued 2,482.35
Miscellaneous Transfers (in) 0.00
Subtotal: Sources $237,322.02
Uses of Funds
Administrative Expenses $(10,452.34)
Transfers to Bond Fund (Debt Service) (201,854.53)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(212,306.87)
Ending Balance as of June 30, 2024 $166,850.36

City of Calimesa, Community Facilities District No. 2012-1 (Singleton Heights) 5 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
B. Special Tax B Collections and Expenditures (Services) The table below provides a summary of the Services Special TaxB deposited, interest accrued, transfers, and other transactions within the Special Tax Fund for fiscal year ended June 30, 2024.

Services Special Tax B
Improvement Area No. 1 and No. 2
Item Balance
Beginning Balance as of July 1, 2023 $993,622.41
Sources of Funds
Special Tax Receipts $252,960.20
Interest Accrued 42,474.42
Miscellaneous Transfers (in)1 53,301.28
Subtotal: Sources $348,735.90
Uses of Funds
Administrative Expenses $(18,491.95)
Street Light Maintenance (8,972.40)
Water and Sewer Maintenance (14,272.96)
Repair & Maintenance (2,620.49)
Professional Services (132,223.54)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(176,581.34)
Ending Balance as of June 30, 2024 $1,165,776.97

1. Credits from Fiscal Agent

City of Calimesa, Community Facilities District No. 2012-1 (Singleton Heights) 6 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
C. Status of Authorized Facilities Projects
An account entitled “Construction Fund” was established in connection with the issuance of the 2015 Bonds, into which a portion of the proceeds from the 2015 Bonds were deposited and disbursed for the costs of the authorized facilities. The amount deposited in the Project Costs Account and interest accrued, transfers and expenditures made to fund the authorized facilities from the 2015 Bond are summarized below.

IA 1 Construction Fund
Item Balance
Sources of Funds
Initial Bond Proceeds Deposited $2,352,653.65
Interest Accrued 4,280.35
Miscellaneous Transfers (in)1 173,981.76
Subtotal: Sources $2,530,915.76
Uses of Funds
Facilities $(2,472,858.98)
Miscellaneous Transfers (out)2(58,056.78)
Subtotal: Uses $(2,530,915.76)
Ending Balance as of June 30, 2024 $0.00

1. Includes transfer from remaining unused funds held in the Cost of Issuance Account and excess funds transferred from the Reserve Fund.

2. Includes transfer to satisfy the Reserve Requirement as well as a transfer of funds to close the account on March 5, 2024.

An account entitled “Project Costs Account” was established in connection with the issuance of the CFD No. 2012-1, IA No. 2 2017 Bonds, into which a portion of the proceeds from the 2017 Bonds were deposited and disbursed for the costs of the authorized facilities. The amount deposited in the Project Costs Account was fully expended for authorized facilities and the account was subsequently closed during FY 2019/2020.

City of Calimesa
Community Facilities District No. 2013-1
(JP Ranch)
Special Tax Accountability Report
(SB 165)
Fiscal Year 2023/2024
Prepared for:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
T. 909.795.9801

City of Calimesa
William Kolbow, City Manager
Celeste Reid, Finance Director
908 Park Avenue
Calimesa, CA 92320
T. 909.795.9801
Bond Counsel
Norton Rose Fulbright US LLP
555 S. Flower Street, 41st Floor
Los Angeles, CA 90071
T. 213.892.9320
Fiscal Agent
U.S. Bank Trust Company, National Association
633 West Fifth Street, 24th Floor
Los Angeles, CA 90071
T. 213.615.6079
Special Tax Administrator
Koppel & Gruber Public Finance
Lyn Gruber / Nick Farrel
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
T. 760.510.0290

TABLE OF CONTENTS
Section I. Background and Overview ..................................................................................1 A. Community Facilities District Background ...............................................................1 B. Authorized Facilities.................................................................................................2 C. Authorized Services..................................................................................................2 D. Bond Issuance Summary..........................................................................................2 Section II. Collection of Special Taxes.................................................................................4 A. Special Tax Funds.....................................................................................................4 B. Special Tax Collections and Expenditures (Services) ...............................................5 C. Status of Authorized Facilities Projects ...................................................................6

City of Calimesa, Community Facilities District No. 2013-1 (JP Ranch) 1 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION I. BACKGROUND AND OVERVIEW
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001.

According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), the Local Agency Special Tax and Bond Accountability Act Compliance (the “Report”) must be filed annually by the local agency levying a special tax and/or issuing a bond measure on or before each January 1, commencing January 1, 2002 and shall contain a description of the following:
(1) The amount of funds collected and expended to fund authorized facilities. (2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

The information contained in this Report has been compiled and is being presented pursuant to and in accordance with the requirements outlined in the Accountability Act for Fiscal Year 2023/2024.

A. Community Facilities District Background
On June 3, 2013, the City Council (“Council”) of the City of Calimesa (“City”) adopted a resolution of intention to form Community Facilities District No. 2013-1 (JP Ranch) (“CFD No. 2013-1”), along with three separate improvement areas (“Improvement Area No. 1” or “IA 1”, “Improvement Area No. 2” or “IA 2” , and “Improvement Area No. 3” or “IA 3”), to levy two special taxes; 1) for the purpose of financing public improvements to meet the needs of new development or pay debt service on bonds issued to finance such facilities, and 2) to pay for authorized services. After conducting a noticed public hearing, the Council adopted an ordinance establishing CFD No. 2013-1, providing for the levy of special taxes, approving the proposed rates and methods of apportionment of special taxes, and approving the issuance of bonded indebtedness to finance the authorized facilities (“Facilities”) and; to pay for maintenance services (“Services”).

On August 5, 2013, an election was held within CFD No. 2013-1 in which the landowner(s) eligible to vote approved the levy of special taxes and the issuance of bonds in an amount not to exceed $12,000,000.

City of Calimesa, Community Facilities District No. 2013-1 (JP Ranch) 2 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
B. Authorized Facilities
Special Tax A collected within CFD No. 2013-1 is to provide for the cost of financing the acquisition and construction of certain public facilities within the City (“Facilities”).

Descriptions of the authorized Facilities are as follows:

IA 1 IA 2 IA 3
City of Calimesa Infrastructure City of Calimesa Infrastructure City of Calimesa Infrastructure Streets and Traffic Improvement Streets and Traffic Improvement Streets and Traffic Improvement Drainage Drainage Drainage
Library Facility Library Facility Library Facility
Fire Service Facility Fire Service Facility Fire Service Facility Law Enforcement Facility Law Enforcement Facility Law Enforcement Facility Park Facilities Park Facilities Park Facilities
Multiple Species Habitat
Conservation Plan
C. Authorized Services
The Special Tax B collected within CFD No. 2013-1 IA 1, IA 2 and IA 3 is to pay for the costs of irrigated open space areas; non-irrigated open space or fuel modification areas; streetscape landscaping; slope landscaping; landscape improvements associated with the drainage easement areas and/or detention basins (both irrigated and non-irrigated); and public street lighting within and associated with the development of properties within or in the vicinity of CFD No. 2013-1.

D. Bond Issuance Summary
Bonds were issued on August 13, 2015 in the amount of $1,565,000 (the “2015 Bonds”). The annual debt service on the 2015 Bonds is being repaid by the facilities Special Tax A levied on properties within Improvement Area No. 1.

Bonds were issued on November 6, 2016 in the amount of $1,530,000 (the “2016 Bonds”).

The annual debt service on the 2016 Bonds is being repaid by the facilities Special Tax A levied on properties within Improvement Area No. 2.

Private Placement Bonds were issued on May 20, 2020 in the amount of $3,038,475.84 (the “2020 Bonds”). The annual debt service on the 2020 Bonds is being repaid by the facilities Special Tax A levied on properties within Improvement Area No. 3.

The following tables summarize the application of the Bond proceeds:

City of Calimesa, Community Facilities District No. 2013-1 (JP Ranch) 3 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
2015 Bond Proceeds IA 1
Fund/Account/Sub-Account Bond Proceeds
Acquisition and Construction Fund $1,244,960.38
Reserve Fund 125,733.51
Costs of Issuance Fund 125,000.00
Original Issue Discount 40,147.70
Underwriter’s Discount 29,158.41
Total $1,565,000.00
2016 Bond Proceeds IA 2
Fund/Account/Sub-Account Bond Proceeds
Acquisition and Construction Fund $1,140,307.06
Reserve Fund 109,016.44
Costs of Issuance Fund 201,800.00
Original Issue Discount 48,276.50
Underwriter’s Discount 30,600.00
Total $1,530,000.00
2020 Bond Proceeds IA 3 (Private Placement)
Fund/Account/Sub-Account Bond Proceeds
Acquisition and Construction Fund $2,684,623.86
Reserve Fund 112,938.92
Capitalized Interest Fund 89,413.06
Costs of Issuance Fund 151,500.00
Total $3,038,475.84

City of Calimesa, Community Facilities District No. 2013-1 (JP Ranch) 4 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION II. COLLECTION OF SPECIAL TAXES
A. Special Tax A Funds
In accordance with the Indenture, all Facilities Special Taxes collected by the City shall be deposited in the Special Tax Fund held by the Fiscal Agent. The table below provides a summary of the Facilities Special Taxes deposited, interest accrued, transfers, and other transactions within the Special Tax Fund for fiscal year ended June 30, 2024.

Facilities Special Tax A
Improvement Area No. 1
Item Balance
Beginning Balance as of July 1, 2023 $109,729.51
Sources of Funds
Special Tax Receipts $104,870.50
Interest Accrued 3,289.89
Miscellaneous Transfers (in) 0.00
Subtotal: Sources $108,160.39
Uses of Funds
Administrative Expenses $(10,309.75)
Transfers to Bond Fund (Debt Service) (78,931.05)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(89,240.80)
Ending Balance as of June 30, 2024 $128,649.10
Facilities Special Tax A
Improvement Area No. 2
Item Balance
Beginning Balance as of July 1, 2023 $112,354.53
Sources of Funds
Special Tax Receipts $85,991.67
Interest Accrued 3,430.88
Miscellaneous Transfers (in) 0.00
Subtotal: Sources $89,422.55
Uses of Funds
Administrative Expenses $(10,558.75)
Transfers to Bond Fund (Debt Service) (70,140.94)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(80,699.69)
Ending Balance as of June 30, 2024 $121,077.39

City of Calimesa, Community Facilities District No. 2013-1 (JP Ranch) 5 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
Facilities Special Tax A
Improvement Area No. 3
Item Balance
Beginning Balance as of July 1, 2023 $178,455.42
Sources of Funds
Special Tax Receipts $158,091.59
Interest Accrued 5,241.72
Miscellaneous Transfers (in) 0.00
Subtotal: Sources $163,333.31
Uses of Funds
Administrative Expenses $(8,563.75)
Transfers to Bond Fund (Debt Service) (135,352.91)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(143,916.66)
Ending Balance as of June 30, 2024 $197,872.07
B. Special Tax B Collections and Expenditures (Services) The table below provides a summary of the Services Special Taxes deposited, interest accrued, transfers, and other transactions within the Special Tax Fund for fiscal year ended June 30, 2024.

Services Special Tax B
Improvement Area No. 1, No. 2 and No. 3
Item Balance
Beginning Balance as of July 1, 2023 $546,805.21
Sources of Funds
Special Tax Receipts $241,441.55
Interest Accrued 21,164.86
Miscellaneous Transfers (in)1 1,634.98
Subtotal: Sources $264,241.39
Uses of Funds
Administrative Expenses $(10,529.87)
Street Light Maintenance (10,046.87)
Water and Sewer Maintenance (12,306.50)
Professional Services (215,436.89)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(248,320.13)
Ending Balance as of June 30, 2024 $562,726.47

1. Credits from Fiscal Agent

City of Calimesa, Community Facilities District No. 2013-1 (JP Ranch) 6 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
C. Status of Authorized Facilities Projects
An account entitled “Construction Fund” was established in connection with the issuance of the CFD No. 2013-1, IA No. 1 2015 Bonds, into which a portion of the proceeds from the 2015 Bonds were deposited and disbursed for the costs of the authorized facilities. The amount deposited in the Construction Fund from the 2015 Bond issuance has been fully expended for authorized facilities and the account was subsequently closed during FY 2015/2016.

An account entitled “Acquisition and Construction Fund” was established in connection with the issuance of the 2016 Bonds, into which a portion of the proceeds from the 2016 Bonds were deposited and disbursed for the costs of the authorized facilities. The amount deposited in the Construction Fund and interest accrued, transfers and expenditures made to fund the authorized facilities from the 2016 Bond issuance through June 30, 2024 are summarized below.

IA 2 Acquisition and Construction Fund
Item Balance
Sources of Funds
Initial Bond Proceeds Deposited $1,140,307.06
Interest Accrued 876.50
Miscellaneous Transfers (in)1 7,370.63
Subtotal: Sources $1,148,554.19
Uses of Funds
Facilities $(1,144,703.41)
Miscellaneous Transfers (out)2(3,850.78)
Subtotal: Uses $(1,148,554.19)
Ending Balance as of June 30, 2024 $0.00

1. Includes excess earnings transferred from the Reserve Fund.

2. Includes excess earnings transferred to the Reserve Fund as well as a transfer of funds to close the account on January 8, 2024.

An account entitled “Acquisition and Construction Fund” was established in connection with the issuance of the CFD No. 2013-1, IA No. 3 2020 Private Placement Bonds, into which a portion of the proceeds from the 2020 Bonds were deposited and disbursed for the costs of the authorized facilities. The amount deposited in the Construction Fund from the 2020 Bond issuance has been fully expended for authorized facilities and the account was subsequently closed during FY 2022/2023.

City of Calimesa
Community Facilities District No. 2018-1
(Summerwind Trails)
Special Tax Accountability Report
(SB 165)
Fiscal Year 2023/2024
Prepared for:

City of Calimesa
908 Park Avenue
Calimesa, CA 92320
T. 909.795.9801

City of Calimesa
William Kolbow, City Manager
Celeste Reid, Finance Director
908 Park Avenue
Calimesa, CA 92320
T. 909.795.9801
Bond Counsel
Norton Rose Fulbright US LLP
555 S. Flower Street, 41st Floor
Los Angeles, CA 90071
T. 213.892.9320
Fiscal Agent
U.S. Bank Trust Company, National Association
633 West Fifth Street, 24th Floor
Los Angeles, CA 90071
T. 213.615.6079
Special Tax Administrator
Koppel & Gruber Public Finance
Lyn Gruber / Nick Farrel
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
T. 760.510.0290

TABLE OF CONTENTS
Section I. Background and Overview ................................................................................. 1 A. Community Facilities District Background.............................................................. 1 B. Authorized Facilities................................................................................................ 2 C. Authorized Services ................................................................................................ 2 D. Bond Issuance Summary......................................................................................... 2 Section II. Collection of Special Taxes................................................................................ 3 A. Special Tax Funds.................................................................................................... 3 B. Special Tax Collections and Expenditures (Services) .............................................. 4 C. Status of Authorized Facilities Projects .................................................................. 4

City of Calimesa, Community Facilities District No. 2018-1 (Summerwind Trails) 1 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION I. BACKGROUND AND OVERVIEW
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001.

According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), the Local Agency Special Tax and Bond Accountability Act Compliance (the “Report”) must be filed annually by the local agency levying a special tax and/or issuing a bond measure on or before each January 1, commencing January 1, 2002 and shall contain a description of the following:
(1) The amount of funds collected and expended to fund authorized facilities. (2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

The information contained in this Report has been compiled and is being presented pursuant to and in accordance with the requirements outlined in the Accountability Act for Fiscal Year 2023/2024.

A. Community Facilities District Background
On June 4, 2018, the City Council (“Council”) of the City of Calimesa (“City”) adopted a resolution of intention to form Community Facilities District No. 2018-1 (Summerwind Trails) (“CFD No. 2018-1”), along with one improvement area (“Improvement Area No. 1” or “IA 1”), to levy two special taxes; 1) for the purpose of financing public improvements to meet the needs of new development or pay debt service on bonds issued to finance such facilities, and 2) to pay for authorized services. After conducting a noticed public hearing, the Council adopted an ordinance establishing CFD No. 2018-1, providing for the levy of special taxes, approving the proposed rates and methods of apportionment of special taxes, and approving the issuance of bonded indebtedness to finance the authorized facilities (“Facilities”) and; to pay for maintenance services (“Services”).

On July 16, 2018, an election was held within CFD No. 2018-1 in which the landowner(s) eligible to vote approved the levy of special taxes and the issuance of bonds in an amount not to exceed $24,000,000.

Subsequently, two additional improvement areas (“Improvement Area No. 2” or “IA 2”, and “Improvement Area No. 3” or “IA 3”) were formed and are authorized to pay for Services.

City of Calimesa, Community Facilities District No. 2018-1 (Summerwind Trails) 2 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
B. Authorized Facilities
Special Tax A collected within CFD No. 2018-1 is to provide for the cost of financing the acquisition and construction of certain public facilities within the City (“Facilities”).

Descriptions of the authorized Facilities are as follows:

IA 1
City of Calimesa Infrastructure
Law Enforcement Facility
Drainage
Government Facility
Library Facility
Multiple Species Habitat Conservation Plan
C. Authorized Services
Special Tax B collected within CFD No. 2018-1 IA 1, IA 2 and IA 3 is to pay for the costs of maintenance of Park landscape maintenance, Lighting servicing and maintenance, Streets and sidewalk maintenance, Street Landscape servicing and maintenance and Storm drain and detention basin maintenance within and associated with the development of properties within or in the vicinity of CFD No. 2018-1.

D. Bond Issuance Summary
Bonds were issued on September 2, 2020 in the amount of $14,325,000 (the “2020 Bonds”).

The annual debt service on the 2020 Bonds is being repaid by the facilities Special Tax A levied on properties within Improvement Area No. 1.

The table below summarizes the application of the Bond proceeds:
2020 Bond Proceeds IA 1
Fund/Account/Sub-Account Bond Proceeds
Acquisition and Construction Fund $14,078,084.75
Reserve Fund 1,097,276.95
Costs of Issuance Fund 194,400.00
Total1 $15,369,761.70
1 Total Bond proceeds deposited are net of the Original Issue Premium and Underwriter’s Discount.

City of Calimesa, Community Facilities District No. 2018-1 (Summerwind Trails) 3 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION II. COLLECTION OF SPECIAL TAXES
A. Special Tax A Funds
In accordance with the Indenture, all Facilities Special Tax A collected by the City shall be deposited in the Special Tax Fund held by the Fiscal Agent. The table below provides a summary of the Facilities Special Taxes deposited, interest accrued, transfers, and other transactions within the Special Tax Fund for fiscal year ended June 30, 2024.

Facilities Special Tax A
Improvement Area No. 1
Item Balance
Beginning Balance as of July 1, 2023 $874,766.77
Sources of Funds
Special Tax Receipts $706,732.92
Interest Accrued 25,716.76
Miscellaneous Transfers (in)1 0.00
Subtotal: Sources $732,449.68
Uses of Funds
Administrative Expenses $(15,434.55)
Transfers to Bond Fund (Debt Service) (657,388.83)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(672,823.38)
Ending Balance as of June 30, 2024 $934,393.07

City of Calimesa, Community Facilities District No. 2018-1 (Summerwind Trails) 4 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
B. Special Tax B Collections and Expenditures (Services) The table below provides a summary of the Services Special Tax B deposited, interest accrued, transfers, and other transactions within the Special Tax Fund for fiscal year ended June 30, 2024.

Services Special Tax B
Item Balance
Beginning Balance as of July 1, 2023 $563,203.52
Sources of Funds
Special Tax Receipts $247,226.23
Interest Accrued 27,069.29
Miscellaneous Transfers (in)1 27,687.85
Subtotal: Sources $301,983.37
Uses of Funds
Administrative Expenses $(28,373.53)
Street Light Maintenance (771.77)
Repair & Maintenance (6,337.07)
Street Maintenance (6,265.12)
Miscellaneous Transfers (out) 0.00
Subtotal: Uses $(41,747.49)
Ending Balance as of June 30, 2024 $823,439.40

1. Credits from Fiscal Agent
C. Status of Authorized Facilities Projects
An account entitled “Acquisition and Construction Fund” was established in connection with the issuance of the 2020 Bonds, into which a portion of the proceeds from the 2020 Bonds were deposited and disbursed for the costs of the authorized facilities. The amount deposited into the Acquisition and Construction Fund from the 2020 Bond issuance was fully expended for authorized facilities during FY 2020/2021 and the account was subsequently closed.

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: CITY OF CALIMESA SALES TAX UPDATE – 2Q 2024(April – June) MEETING DATE: December 2, 2024
PREPARED BY: Celeste Reid, Finance Director & Treasurer RECOMMENDATION: That the City Council receive and file the Sales Tax update for 2Q – 2024 (April -June)
BACKGROUND: The City of Calimesa has a professional services contract with Hinderliter, de Llamas & Associates (hereinafter referred to as HDL) to provide compiled sales tax data and analysis relating to sales tax collections and business operations within the City of Calimesa. The City Manager and Finance Director meet quarterly with the HDL professionals to review data provided in compiled reports to discuss data analytics in relation to industry sectors, major business groups, trends with prior years, other cities, counties and state overall sales tax rate collections.

The report includes City of Calimesa highlights, statewide results and information about overall changes in sectors. Most of the information shared with staff is confidential in accordance with State law. However, the attached report, appropriate for public consumption, is provided to the City Council for review and includes the top 25 producers of sales tax for the City of Calimesa, reported in alphabetical order.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: City of Calimesa Sales Tax Update 2Q 2024 (April – June) Attachment B: California Forecast Sales tax Trends and Economic Drivers

888.861.0220 | [email protected] | hdlcompanies.com

CALIFORNIA FORECAST

SALES TAX TRENDS & ECONOMIC DRIVERS
SEPTEMBER 2024
Sierra Nevada Mountains

STATEWIDE

SALES TAX TRENDS
2024/25 | 2025/26 2024/25 | 2025/26
Overview: The September Federal Funds rate reduction was an economic signal that inflation is coming in near expectations while the labor market weakened over recent months. This action may spur some changes in consumer spending patterns, but overall does not translate into a short-term burst in sales taxes. As the important holiday shopping season approaches, expectations are that buyers will start outlays sooner. Some consumers are expected to spend less as stubborn inflated prices for household obligations (utilities, insurance, and food) take priority over procurement of non-essential and gift items. The current year’s minute increase will not recapture the (-1.3%) FY 2023-24 statewide decline; thus, anticipate a slow rise in revenues over the next two years.

Fuel/Service Stations -3.9% | 2.0%
Most factors in this sector sustained downward pressure in 2Q24. Of note, the consumption of motor vehicle gasoline measured in gallons sold has declined 13% since the peak level in 2018. Crude and pump prices are dropping based on weaker demand in China and record levels of California fuel supplies on hand. OPEC is planning to hold current production cuts steady until the end of calendar year 2024.

This has not offset impact as West Texas Intermediate barrel prices have dropped to the lowest levels since December 2021. Given these price contractions, our forecast reflects a significant reduction in the associated sales tax in the final two calendar quarters of 2024.

Predictions for 2025 show a gradual boost in fuel related taxes.

General Consumer Goods -0.6% | 1.3%
Direct sales tax allocations contracted in the second quarter following a soft downward revision to first quarter data from general retailers.

Through the first six months of 2024, general consumer goods declined (-1.2%) compared to the prior year. While consumers remain resilient in this space, broadening of online shopping behaviors and bigger in-state fulfillment shifted allocations to other sectors.

Additionally, many segments experienced deflationary pressures resulting in lower sales tax, absent substantial demand expansion.

Key indicators include elevated levels of non-discretionary spending, mild personal income gains, and the expectancy for households to attempt to rebuild savings; all of which keep pressure on consumer spending habits. The short-term outlook foresees a tightening in receipts throughout the remainder of the calendar year.

Restaurants/Hotels 1.7% | 3.5%
Menu price increases led to an obvious impact on consumer behavior as foot traffic to restaurants was down about 2.5%. The noticeable shift towards value offerings saw consumers showing resistance to high menu prices. Overall, while some eateries are struggling with fewer patrons, others are finding ways to attract customers by balancing price increases with value and experience.

Hotels saw a slow but steady increase in occupancy rates while navigating cost pressures and changing consumer behaviors.

Growth in both segments was offset by these persistent challenges.

State and County Pools 2.5% | 3.0%
The taxes remitted to the pools over the last fiscal year declined 1%. Of note, pools remain the largest tax generator of the eight categories highlighted in these forecast publications. Given the nuances in California sales tax law with more online orders processed at local stores or at in-state fulfillment centers, pool revenues softened slightly from the peak of fiscal year 2021-22. Mcommerce (shopping on mobile devices) continues to contribute to an expanding ecommerce portion of national retail sales, and spending by this means broke records during the first months of 2024. Modest pool gains are estimated, offering key opportunities for growth by retailers anchored to Gen Z consumer trends using digital commerce platforms.

Autos/Transportation -0.4% | 3.5%
Tax receipts from vehicle sales continued to decline, normalizing after a period of unusually strong growth that peaked in 2022. Luxury vehicles have been hit hardest, driving a sharper drop in overall car sales. The industry remains burdened by elevated prices, high interest rates, and a challenging economic environment. While the stock market is once again nearing new all-time highs, the bond market has stabilized.

Acknowledging that the Federal Reserve began cutting interest rates, recovery in the sector is likely to be gradual. Additional setbacks, such as a cyberattack on automobile dealerships that disrupted transactions during the critical two weeks before the July 4th holiday sales weekend, are expected to obscure any early signs of improvement.

Building/Construction -0.5% | 4.0%
Second quarter 2024 results reflected several changes that lowered sales. Big box home improvement stores saw a sharper downturn as homeowners continue to suspend big-ticket purchases. Lumber and roofing suppliers in some areas are losing sales volume as roofing and general construction projects appear to be slowing. The backlog of contracts to install residential rooftop solar projects following the change in the net metering fee structure two years ago is also winding down, cutting demand for materials. Infrastructure projects using concrete and asphalt products held steady, but some regions are sluggish. With interest rates falling in the short term, the construction industry does not expect this decline will be enough to prompt an uptick in activity.

Business/Industry 2.2% | 2.6%
Consumers continue to embrace the convenience of shopping online, with ecommerce sales rising and more “local” orders filled from CAbased fulfillment centers, comprising a stunning 30% of total B&I revenues. Solar/energy projects created significant gains in the recent quarter. However, medical-biotech, business-to-business, and heavy industrial sales remained relatively flat or declined as economic variables stunted potential growth. Farm/construction equipment, garden/agricultural supplies and IT-related office purchases were also sluggish. Given this group’s diversity, growth rates reflect modest expansion. With twenty-one unique tax segments, predictions vary widely based on the size and character of local businesses.

Food/Drugs -0.6% | 1.5%
Grocery stores’ profits rose 1.8% in 2Q24 as several businesses introduced new private label items to provide customers with a greater selection and find more value for their money. Convenienceliquor stores felt soft revenues and revealed fewer transactions on discretionary items such as liquor and snack foods. Cannabis returns had a sharp (-10.8%) decline as the price of cannabis products hit a low in the market. Further, closure of more drug stores throughout the state forced customers to shop at alternative retailers for their traditional drug stores merchandise. Last year finished -2.8%; anticipate the fiscal year 2024-25 to remain flat.

TOTAL 0.3% | 2.7%
2024/25 | 2025/26
HdL Companies California Forecast
September 2024

Proposition 172
Total fiscal year 2023-24 Proposition 172 (P-172) statewide revenues ended about 1% lower than the prior year. The forecast anticipates essentially flat results for the 2024-25 fiscal period, with moderate growth in 2025-26. As the calendar year Bradley-Burns results are impacted by taxpayer modifications, audits, economic impacts, etc. – Proposition 172 pro-rata factors and resultant P-172 revenues will fluctuate for many counties pursuant to the State’s allocation methodology.

NATIONAL AND STATEWIDE

ECONOMIC DRIVERS
U.S. Real GDP Growth 2.4% | 2.3%
Despite concerns over the last two years, the U.S. economy has performed well, averaging a 2.8% real growth rate over the past eight quarters. Propelled by consumer spending, business investment has bounced back even with higher interest rates. Further contributing to real GDP growth are expanding real exports, which hit a record high in the second quarter of the year despite the strong dollar. Modest signs of slowing are seen in the labor and housing markets. Inflation has finally cooled after two years of ongoing efforts from the Fed to a moderate 2.6% pace over the last 12 months. The FOMC followed through and cut interest rates by 50 basis points; the first interest rate cut in over four years. These falling rates will give the U.S. economy a boost in the short run but may increase risks for 2025.

CA Unemployment Rate 5.3% | 5.4%
No longer the national leader, California’s unemployment rate has risen to 5.3%, now tied with Illinois for 3rd place. Despite the increase in unemployment from 4.8% to 5.3% over the past year, other labor market indicators such as initial claims for unemployment insurance and data on involuntary job separations have not increased. Although the state’s unemployment rate is higher than in some states, its yearover-year change was nearly identical to the national average. As of July 2024, California had 1.6 unemployed persons per job opening, higher than the national average of 0.8. This marks a significant shift from the 0.9 average between January 2022 and January 2024.

CA Total Nonfarm
Employment Growth 1.1% | 1.0%
California’s labor market gained momentum in the second half of the year, with payrolls up 1.6% as of August 2024, compared to just 0.2% in 2023. There is little to suggest an end to the current expansion, now past the four-year mark, however California’s long run growth will be limited by lack of housing. The Federal Reserve’s recent 50-basis-point interest rate cut, typically reserved for economic distress, could stimulate California’s labor market. The Fed does not foresee a recession in the near future.

U.S. Unemployment Rate 4.3% | 4.3%
The U.S. unemployment rate has risen nearly one percentage point over the last 18 months, with payroll employment numbers revised downward. These trends may be misleading, as involuntary separations and unemployment insurance claims have not increased. Historically, such unemployment rate increases occur during recessions, but this is a lagging indicator, and current economic output is not contracting.

The ongoing expansion, now over four years, shows no signs of ending.

U.S. households’ financial health underpins short-term optimism.

Despite a softer labor market, earnings growth outpaces inflation, with weekly earnings up 3.3% over the past year. Record household net worth and low debt burdens support continued spending growth.

CA Residential
Building Permits 108,821 | 115,871
Since 2018, residential building permits in California have stagnated, deepening the state’s housing crisis. In 2Q2024 the number of residential permits issued was down 8% year-over-year, the lowest since 2Q 2016. Despite growing demand, strict zoning laws, regulatory barriers, and high construction costs have limited new builds, driving up prices and making housing unaffordable for many residents. Recent Federal Reserve interest rate cuts may boost permits by lowering borrowing costs, encouraging more projects.

Governor Newsom’s new housing bills aim to address the scarcity, but it is uncertain whether they will significantly reduce home prices.

CA Median Existing
Home Price $739,332 | $759,640
Housing affordability remains a challenge for California residents.

High mortgage rates have increased costs for buyers and reduced the number of sellers. The recent downward trend in mortgage rates bodes well for housing market demand, as the average has declined 1.5 percentage points from its peak in October 2023 to 6.4% today. The 50-basis-point reduction in the federal funds rate might push these rates further, giving some homeowners the freedom to refinance and potentially increase listings. A significant drop in home prices is unlikely due to increased buyer interest. The core issue in the California housing market continues to be a lack of supply. 2024/25 | 2025/26 2024/25 | 2025/26
HdL Companies California Forecast
September 2024
Watch our webinar
for more info!

Beacon Economics LLC
310.571.3399 | BeaconEcon.com
Beacon Economics has proven to be one of the most thorough and accurate economic research/analytical forecasting firms in the country. Their evaluation of the key drivers impacting local economies and tax revenues provides additional perspective to HdL’s quarterly consensus updates. The collaboration and sharing of information between Beacon and HdL helps both companies enhance the accuracy of the work that they perform for their respective clients.

HdL Companies
888.861.0220 | [email protected] | hdlcompanies.com California’s allocation data trails actual sales activity by three to six months. HdL compensates for the lack of current information by reviewing the latest reports, statistics and perspectives from fifty or more economists, analysts and trade associations to reach a consensus on probable trends for coming quarters. The forecast is used to help project revenues based on statewide formulas and for reference in tailoring sales tax estimates appropriate to each client’s specific demographics, tax base and regional trends.

Delivering Insight, Revenue, and Efficiency
to Local Government

Q2 2023*
Q2 2024*
Legend
$0
$20,000
$40,000
$60,000
$80,000
$100,000
$120,000
$140,000
$160,000
SALES TAX BY MAJOR BUSINESS GROUP *Allocation aberrations have been adjusted to reflect sales activity General
Consumer
Goods
Business
and
Industry
Food
and
Drugs
Restaurants
and
Hotels
Fuel and
Service
Stations
County
and State
Pools
CITY OF CALIMESA HIGHLIGHTS TOP 25 PRODUCERS
Published by HdL Companies in Fall 2024

SALES TAX UPDATE

CITY OF CALIMESA
2Q 2024 (APRIL - JUNE)
21 Sushi House
7 Eleven
76 Circle K
All Seasons Hay Co
Arco AM PM
AutoZone
Baker’s Burgers
Burger King
Calimesa Shell Station
Chevron
Del Taco
Denny’s
Dollar Tree
Domino’s
Fire Rock Burgers &
Brews
Jack in the Box
McDonald’s
Panda Express
Starbucks
Stater Bros
Taco Bell
Thai Chili Restaurant
Tractor Supply
Walgreens
Wingstop
Calimesa’s receipts from April through
June were 5.7% above the second sales
period in 2023. Excluding reporting
aberrations, actual sales were up 0.9%.

Inflation has begun to moderate to 2.5%
annually, and with a proposed Fed rate
cut of 0.5%, the hope is to begin growing
the economy without a looming threat
of new inflation. However, consumers
continue to feel the burden of increased
pricing in most sectors of society with
non-essential purchases being placed on
hold.

The food-drugs group benefitted from
new outlets and the beginning change in
consumer behavior as more consumers
move to more home-prepared meals.

Fuel-service stations, the largest sector
in the City, fell 6.6% for the quarter
even as pricing spiked during the
quarter. Lower pricing in the third
quarter may impact
www.hdlcompanies.com | 888.861.0220
future results. Business-industry sector
also felt the slowdown as businesses
began pulling back on spending, in part,
due to the current economic situation.

Continued reduction in the Fed rates
may help bring spending back to the
sector.

Restaurants were able to maintain a
positive growth trend of 2.8%, even as
menu pricing continued to climb, due in
part to the AB1228 wage increases for
fast food workers.

The City’s share of the countywide
use tax pool increased 10.8% when
compared to the same period in the prior
year.

Net of aberrations, taxable sales for all of
Riverside County declined 0.5% over the
comparable time period; the Southern
California region was down 0.5%.

TOTAL: $ 417,693

0.9% -0.5% -0.7%

COUNTY STATE

CALIMESA
2Q2024

$0
$5,000
$10,000
$15,000
$20,000
Calimesa
FY
11-2
FY
23-4
FY
15-6
FY
19-0
County California
SALES PER CAPITA*
*ADJUSTED FOR

ECONOMIC DATA

REVENUE BY BUSINESS GROUP
Calimesa This Fiscal Year*
14%
Pools
23%
Restaurants
10%
Bus./Ind.
16%
Food/Drug
32%
Fuel
5%
Others
*ADJUSTED FOR

ECONOMIC DATA
2Q 2024 CITY OF CALIMESA SALES TAX UPDATE

STATEWIDE RESULTS
California’s local one cent sales and use
tax receipts during the months of April
through June were 0.6% lower than the
same quarter one year ago after adjusting
for accounting anomalies. The calendar
year second quarter is traditionally the
beginning of the summer spending season;
however, returns were relatively flat when
compared to a year ago. For many California
agencies, this also marks the end of the
2023-24 fiscal year, where statewide sales
tax revenues were down 1.3% from the
2022-23 fiscal year.

Consistent with recent trends, autotransportation receipts fell 6.2% - the largest sector decline this quarter.

Sustained high interest rates, tightened
credit standards, and increased cost of
insurance all converged to impact returns.

While inventory-levels for many dealerships
have rebounded, it’s only proving to create
downward pressure on prices, further
constraining receipts.

Summer weather usually marks fruitful
periods for building-construction, however
as property owners struggle to access
equity for improvements, year-over-year
receipts declined. The price of lumber and
other materials are now more affordable,
but new projects have been sidelined by
developers until financing and mortgage
costs drop further.

Similarly, as the price of consumer goods
has cooled with moderate inflation rates,
returns from multiple merchants have
curtailed. Men’s and women’s apparel,
home furnishings, electronic-appliance
and specialty stores could not escape the
change in shopper’s preferences for lower
priced items from large brick-and-mortar
retailers like discount department stores.

Restaurants experienced only a modest
gain of 0.7%. As AB 1228 is enacted –
state law increasing California’s minimum
wage at designated eateries – third party
data reports that foot traffic to all such
establishments decreased during this same
time period. Not only are diners selecting
less expensive places to eat, but many may
have been pushed to limit their frequency to
dine out.

Multiple of sectors experienced mild growth
including allocations from the countywide
use tax pool and the business-industrial
group, both benefiting from online shopping,
and fuel-service stations as drivers continue
to hit the road even as gas prices remain
elevated.

Halfway through the current calendar year,
revenue trends remain slightly lower than
a year ago overall. Although the Federal
Reserve recently reduced the Fed Funds
Rate helping temper the cost of financing,
personal consumption forecasts remain
insipid through the remainder of 2024.

Consumers are more likely to wait for greater
improvement of household economic
conditions before extending themselves
again, inspiring the next sales tax growth
cycle.

City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: RESOLUTION NO. 2024-63 APPROVING AMENDMENT NO. 2 TO CITY MANAGER’S EMPLOYMENT AGREEMENT TO EXTEND

THE TERM FOR TWO YEARS, PROVIDE COST-OF-LIVING
ADJUSTMENTS AND INCREASE THE CITY’S CONTRIBUTION

TO HEALTH INSURANCE
MEETING DATE: December 2, 2024
PREPARED BY: Quinn M. Barrow, City Attorney
RECOMMENDATION: The City Attorney recommends that the City Council adopt Resolution No. 2024-63 amending the City Manager’s employment agreement to increase City Manager Will Kolbow’s base salary by 3.0% per year over the next two years; extend the term of the agreement until November 27, 2027; and increase the City contribution to Mr. Kolbow’s health insurance. ..Body
BACKGROUND: The City Council hired Will Kolbow as City Manager on November 7, 2022. His employment agreement (“Employment Agreement”) provides that, after performance evaluations, the City Council may consider appropriate amendments to his compensation commensurate with his performance. After a performance evaluation in late 2023, the City Council approved Amendment No. 1 to the agreement, providing a five percent merit increase.

DISCUSSION: Based upon a performance evaluation in November 2024, the City Council has directed the City Attorney to draft a second amendment to the Agreement to:

1. Increase City Manager’s base salary by 3.0% per year over the next two years, from a salary of $235,200 to $249,524;

2. Extend the term of the agreement until November 27, 2027; and

3. Increase the City contribution to the City Manager’s health insurance.

The draft amendment is attached.

ATTACHMENTS:

Attachment A: Resolution 2024-63
Attachment B: Amendment No. 2
Attachment C: Original Employment Agreement, dated November 7, 2022.

RESOLUTION NO. 2024-63

A RESOLUTION OF THE CALIMESA CITY COUNCIL APPROVING
AMENDMENT NO. 2 TO THE CITY MANAGER’S EMPLOYMENT

AGREEMENT TO EXTEND THE TERM, INCREASE HIS ANNUAL
SALARY AND INCREASE THE CITY’S CONTRIBUTION TO HIS

HEALTH INSURANCE

RECITALS
A. On November 7, 2020, the Calimesa City Council (“City Council”) and Will Kolbow (“City Manager”) entered into an employment agreement (“Employment Agreement”).

B. On December 18, 2023, the City Council approved Amendment Number 1 of the Employment Agreement, granting City Manager a 5.0% base salary adjustment.

C. After conducting a performance evaluation of the City Manager, the City Council desires to increase City Manager’s base salary; extend the term of the agreement until November 27, 2027; and increase the City contribution to the City Manager’s health insurance.

NOW THEREFORE, THE CALIMESA CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City Council hereby approves Amendment No. 2 to the Employment Agreement between the City and City Manager.

SECTION 2. Pursuant to Gov. Code § 36506, the City Council hereby fixes the compensation of the City Manager in the amount set forth in Section 5 of the Employment Agreement, as amended by Amendments No. 1 and 2.

SECTION 3. The Mayor shall execute the Amendment on behalf of the City.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED, and ADOPTED this 2nd day of December 2024. ____________________________________

WILLIAM DAVIS, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK

1 AMENDMENT NUMBER 2 TO

CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN
THE CITY OF CALIMESA AND WILLIAM M. KOLBOW
The Employment Agreement (“Agreement”) by and between the City of Calimesa, California, a municipal corporation (“City” or “Employer”) and William M. Kolbow, an individual (“Employee”) made and entered into as of November 7, 2022, is hereby amended as provided in this Amendment No. 2 (“Amendment”). This Amendment No. 2 is dated December 2, 2024, for identification purposes:

RECITALS
A. The Parties previously entered into the Agreement, as cited above.

B. Employee was appointed City Manager effective November 28, 2022.

C. The City Council granted City Manager a 5.0% base salary adjustment effective December 18, 2023, pursuant to Amendment Number 1 of this Agreement.

D. The Parties desire to amend certain provisions of the Agreement.

E. The City Council, exercising its discretion, desires to:
i. Increase City Manager’s base salary by 3.0% per year over the next two years, from a salary of $235,200 to $249,524;
ii. Extend the term of the agreement until November 27, 2027; and iii. Increase the City contribution to the City Manager’s health insurance.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:

Section 1. Effective upon execution of this Amendment, Section 3 (Term), Paragraph A (Initial Term) is amended to extend the term to November 30, 2027, and to read in its entirety as follows:
“A. (1) Initial Term: The term of this Agreement shall be for three years, effective on November 28, 2022 and ending November 27, 2025, unless sooner terminated as provided in this Agreement, or extended by an amendment. (2) Two Year Extension: The term of this Agreement is hereby extended for two additional years and shall end on November 30, 2027, unless sooner terminated as provided in this Agreement, or extended by an amendment.

Section 2. Section 5 (Salary) is amended to provide a 3.0% increase in base salary from $235,200 to $242,256, effective December 2, 2024, and a 3.0% increase in base salary from $242,256 to $249,524 effective December 22, 2025, and to read in its entirety as follows:
“Salary

2 A. City agrees to pay Employee for his services rendered pursuant hereto an annual base salary per the following schedule, payable in installments at the same time as other employees of the City are paid.
(1) Effective December 2, 2024, Employee salary shall be $242,256 annually. (2) Effective December 22, 2025, Employee salary shall be $249,524 annually.

B. The City will review Employee’s salary annually, and City may, but is not required to grant future salary increases. One of the factors the City Council may consider in its review of Employee’s salary is the Median Salary Range of the most current Inland Empire City Manager’s Salary Survey.”
Section 3. Effective December 2, 2024, Section 8 (Other Employee Benefits) Paragraph H, is amended to provide additional health insurance benefits and to read in its entirety as follows:
“H. Health Insurance:
(1) Effective December 2, 2024, City shall pay the greater of: (1) seventy percent (70%) of the premium for group health insurance, dental and vision care for Employee and dependents; or (2) the current medical stipend afforded all other City employees. If option (2) is exercised, Employee shall have the option to deposit all or part of the value of the monthly stipend towards Employee 457 Deferred Compensation Plan in accordance with City policies, plan documents and legal requirements. (2) Effective December 22, 2025, City shall pay the greater of: (1) eighty five percent (85%) of the premium for group health insurance, dental and vision care for Employee and dependents; or (2) the current medical stipend afforded all other City employees.

If option (2) is exercised, Employee shall have the option to deposit all or part of the value of the monthly stipend towards Employee 457 Deferred Compensation Plan in accordance with City policies, plan documents and legal requirements. (3) Effective December 21, 2026, City shall pay the greater of: (1) one hundred percent (100%) of the premium for group health insurance, dental and vision care for Employee and dependents; or (2) the current medical stipend afforded all other City employees.

If option (2) is exercised, Employee shall have the option to deposit all or part of the value of the monthly stipend towards Employee 457 Deferred Compensation Plan in accordance with City policies, plan documents and legal requirements.” Section 4. Except as expressly modified by this Amendment and Amendment No. 1, all provisions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 2 to be signed and executed personally or on its behalf by its duly authorized representative. ___________________________
William Davis, Mayor
City of Calimesa, California

3 APPROVED AS TO FORM
___________________________
Quinn M. Barrow, City Attorney

EMPLOYEE
___________________________
William M. Kolbow

ATTEST
___________________________
Darlene Gerdes, City Clerk

City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: AMENDING THE CALIMESA MUNICIPAL CODE CHAPTER 8.45

FIREWORKS AND ADDING THE PARAMETERS FOR OPEN AND

OUTDOOR BURNING WITHIN THE CALIMESA MUNICIPAL CODE
CHAPTER 8.60
MEETING DATE: December 2, 2024
PREPARED BY: Geraldo Rodriguez, Deputy Fire Marshal, Battalion Chief RECOMMENDATION: The City Council adopt first reading by title only the following Ordinances:

1. ORDINANCE NO 406, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA AMENDING THE CALIMESA MUNICIPAL CODE CHAPTER 8.45 REGULATING TO FIREWORKS.

2. ORDINANCE NO. 407, AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING AMENDMENTS TO THE 2022 EDITION OF THE CALIFORNIA FIRE CODE RELATED TO OPEN AND OUTDOOR BURNING AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE REGARDING THE SAME.

BACKGROUND: The City of Calimesa’s Municipal Code, Chapter 8.45, Fireworks, was initially developed in 2006 for the immediate preservation of the public peace, health, or safety of the residents of Calimesa. Since the publication of the City’s Municipal Code, Chapter 8.45, additional methods, practices, and language have been instituted to address fireworks management to minimize fireworks hazards to the public’s health, safety, and welfare.

The City of Calimesa’s Municipal Code, Chapter 8.60, Open and Outdoor Burning, was developed to establish and maintain fire limits that can be dangerous or injurious to neighboring property or the health and welfare of residents of the vicinity.

DISCUSSION: The proposed amended City’s Municipal Code, Chapter 8.45, includes changes specifically addressing definitions related to the fireworks municipal code, prohibitions related to fireworks, fireworks displays, exceptions related to the fireworks municipal code, seizure and disposal of fireworks, violations and penalties related to fireworks, and other laws or regulations conflict.

The amendments and changes were derived from methods, practices, and language from the City’s current Municipal Code, Chapter 8.45, California Government Code, California Fire Code, and California Health and Safety Code.

The proposed City’s Municipal Code, Chapter 8.60, addresses outdoor burning fire activity, including agricultural burning, barbecue grilling, barbecue pits, bonfires, portable outdoor fireplaces, recreational fires, residential burning, and violations and penalties related to open and outdoor burning.

Chapter 8.60's development was derived from methods, practices, and language in the California Government Code and California Fire Code.

FISCAL IMPACT: As with current City practices, the City will incur costs related to enforcing the Municipal Code, Chapter 8.45. and Chapter 8.60. Penalties for fireworks or open outdoor burning violations may offset the City’s incurred cost.

ATTACHMENTS:

Attachment A: Ordinance No. 406
Attachment B: Ordinance No. 407

ORDINANCE NO. 406

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF CALIMESA, CALIFORNIA AMENDING THE
CALIMESA MUNICIPAL CODE CHAPTER 8.45

REGULATING TO FIREWORKS
WHEREAS, the City of Calimesa, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws that promote the public health, safety, and general welfare of its citizens; and
WHEREAS, the City Council desires to amend the existing municipal code Chapter

8.45 Fireworks.

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

Section 1. Chapter 8.45 (Fireworks) of Title 8 (Health and Safety) is hereby amended in its entirety to read as follows:
"CHAPTER 8.45 FIREWORKS”
Sections.

8.45.010 Findings and Declarations.

8.45.020 Definitions.

8.45.030 Prohibition.

8.45.040 Fireworks Displays.

8.45.050 Exception.

8.45.060 Seizures and Disposal.

8.45.070 Violations.

8.45.080 Penalties.

8.45.090 Other Laws or Regulations Confliction.

8.45.010 Findings and Declarations.

1. The City Council hereby makes the following findings regarding the City of Calimesa, located within the San Gorgonio Pass area of Riverside County, California. Historically, the area has an arid climate with an annual rainfall of 10 to 23 inches. However, the area has experienced below-average rain in recent years. The area is susceptible to hot weather during the year's spring, summer, and fall seasons, with warm to hot, dry easterly Santa Ana winds that commonly occur in the area, contributing to drying out vegetation moisture and spreading wildland fires.
2 The City has always prohibited the personal use and sale of fireworks within the City. Persistent violations of this regulation continue, and the city has experienced fireworks-related fires. These fires have the potential to damage personal property and city property and threaten the public’s health, safety, and welfare. 3 The use, handling, and storage of fireworks are hazardous and pose a safety concern to the public’s health, safety, and welfare.

4 The City Council declares fireworks constitute a fire hazard and threaten the public's health, safety, and welfare.

8.45.020 Definitions.
“Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects that are helpful as pyrotechnic devices or for entertainment.

Fireworks include, but are not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, Roman candles, rockets, Daygo bombs, sparklers, chasers, fountains, smoke, aerial bombs, and fireworks classified as safe and sane. “Fireworks Display” means a fireworks presentation for a public or private gathering.
“Fireworks Kit” means any assembly of materials or explosive substance designed and intended by the seller to be assembled by the person receiving such material or explosive substance and, when assembled, would come within the definition of fireworks. "Responsible party" as defined in Section 1.30.030, as supplemented by the following: in the event the person who commits the violation is a minor, then the minor's parents or legal guardians shall be deemed the responsible party.

8.45.030 Prohibition.

A. No person shall possess any fireworks except for use as agricultural and wildlife fireworks or for use in a public or private fireworks display.

B. No person shall keep or store any fireworks except for use as agricultural and wildlife fireworks or in public or private fireworks displays.

C. No person shall use, shoot, discharge, set off, ignite, or explode any fireworks except for use as agricultural and wildlife fireworks or for use in a public or private fireworks display.

D. No person shall manufacture any fireworks.

E. No person shall sell, offer to sell, or give away any fireworks.

F. No person shall transport any fireworks except for use as agricultural and wildlife fireworks or in a public or private fireworks display.

8.45.040 Fireworks Displays.

A. Permits are required to conduct a public or private fireworks display.

B. Fireworks display permit inquiries shall be made through the City of Calimesa’s Community Development Department.

8.45.050 Exception.

Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or signal or ceremonial purposes in athletics or sports or for use by military organizations.

8.45.060 Seizure and Disposal.

A. The Calimesa Fire Chief and Fire Chief’s designee shall have the authority to seize, take, or remove any fireworks.

B. The Riverside County Sheriff and Sheriff’s designee shall have the authority to seize, take, or remove any fireworks.

8.45.070 Violations.

Any violation of this chapter is deemed a misdemeanor. In lieu of a misdemeanor, the City may treat the violation as an infraction. In addition to the imposition of penalties pursuant to California Health and Safety Code Sections 12700-12702 and any other remedies provided by state law, the City may enforce any violation of this chapter by civil action brought by the City against any responsible person, including but not limited to:

1. Administrative citations pursuant to Municipal Code Chapter 1.30.

2. Injunctive relief.

3. Nuisance abatement.

The City may recover of costs and attorney fees incurred in enforcing this chapter.

8.45.080 Penalties.

Pursuant to California Health and Safety Code Section 12700, and notwithstanding any other provision in the Municipal Code, the penalty for a violation of this Chapter shall be $1000 for each violation.

8.45.090 Other Laws or Regulations Confliction.

Nothing in this chapter shall be intended to limit or conflict with any of the penalties provided for under the California Health and Safety Code, the California Penal Code, or other laws or regulations concerning the sale, use, possession, delivery and/or transportation of fireworks.

Section 2. CEQA Findings. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The adoption and implementation of the Ordinance is not a project for purposes of CEQA in that it is a general policy regulating the fireworks, and even if it were a project, it would be exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the City’s updated fireworks regulations will have a significant effect on the environment.

Section 3. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance for any reason is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or the remaining portions of this ordinance. The City Council of the City of Calimesa hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions were to be declared invalid or unconstitutional.

Section 4. Effective Date; Publication. This ordinance shall take effect thirty (30) days after its final passage, and within fifteen (15) days after its passage, the City Clerk shall cause this ordinance or a summary hereof to be published and/or posted as required by law and by the City's ordinances and resolutions.

INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 2
nd day of December, 2024:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED this 16th day of December 2024 upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

WILLIAM DAVIS, MAYOR
ATTEST:
____________________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
____________________________________________

QUINN BARROW, CITY ATTORNEY

ORDINANCE NO. 407

AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING
AMENDMENTS TO THE 2022 EDITION OF THE CALIFORNIA FIRE

CODE RELATED TO OPEN AND OUTDOOR BURNING AND
AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE

REGARDING THE SAME

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

SECTION 1. The City of Calimesa previously adopted by reference the 2022 California Fire Code (“2022 Fire Code”) located within Title 24 of the California Code of Regulations and including building standards and other provisions therein, subject to amendments set forth in City No. 1595 and codified in Chapter 15.10 of Title 15 of the Calimesa Municipal Code.

SECTION 2. The amendments to the 2022 Fire Code and Chapter 15.10 of Title 15 of the Calimesa Municipal Code contained in this Ordinance pertain to the regulation of open and outdoor burning and the administration of such regulations, and the amendments are unrelated to any rule, regulation, order, or other requirement that specifically regulates, requires, or forbids the method of use, properties, performance, or types of materials used in the construction, alteration, improvement, repair, or rehabilitation of any building, structure, factory-built housing, or other improvement to real property.

SECTION 3. Section 15.10.020 (Amendments) of Chapter 15.10 (Adoption of the 2022 Edition of the California Fire Code ) of Title 15 (Buildings and Construction) of the Municipal Code of the City of Calimesa is hereby amended by the addition thereto of a new paragraph “C.” to read as follows:
“C. Section 307 of the California Fire Code is amended and restated in its entirety to read as follows:

Section 307 Open and Outdoor Burning
307.1 General. No person shall kindle or maintain or
authorize to be kindled or maintained any open and outdoor burning except as permitted by, and subject to the
requirements of this Section 307, inclusive of Sections 307.1 through 307.5.
307.2 Definitions. The terms below shall have the following respective meanings for purposes of this Section 307.

1. "Agricultural Burning" means an outdoor open fire of burning clean vegetation for silvicultural, range, or

wildlife management practices, prevention, or control
of disease or pests.

2. “Approved” means acceptable to the City of Calimesa
Fire Department Fire Chief or designee.

3. “Barbecue grill” (also known as a barbecue or BBQ)
means a portable or fixed device constructed of noncombustible material for the primary purpose of cooking food with a fuel fire consisting of either
liquefied petroleum (LP), natural gas, clean wood, or
charcoal.

4. “Barbecue pit” means a trench or depression in the
ground for the primary purpose of cooking food with a
fuel fire consisting of either clean wood or charcoal.

5. “Bonfires” means an outdoor open fire for pleasure,
entertainment, ceremonial, cooking, warmth, or other
similar activities with a fueled fire consisting of either liquefied petroleum (LP), natural gas, or clean wood
with a total fuel area of three (3) feet or greater in width, length, or diameter or a total fuel area of two (2) feet or greater in height.

6. “Kindle” means to light or set on fire.

7. "Open and outdoor burning" means burning materials
wherein combustion products are emitted directly into
the ambient air without passing through a stack or
chimney from an enclosed chamber. Open and outdoor
burning activities include, without limitation:
(i) agricultural burning; (ii) burning operations
associated with barbecue grilling and barbecue pits;
(iii) bonfires; (iv) portable outdoor fireplaces;
(v) recreational fires; and (vi) residential burning. For this definition, a chamber shall be regarded as
enclosed when, during the time combustion occurs,
only apertures, ducts, stacks, flues, or chimneys that
are open are those necessary to provide combustion
air and permit the escape of exhaust gas.

8. “Portable outdoor fireplace” means an outdoor open
fire with a portable outdoor solid, burning fireplace
constructed of steel, concrete, clay, or other
noncombustible material for the primary purpose of a
recreational fire with a fueled fire consisting of either

liquefied petroleum (LP), natural gas, clean wood, or
charcoal. A portable outdoor fireplace may be open in
design or may be equipped with a small hearth opening
and a short chimney or chimney opening on the top.

9. “Recreational Fire” means an outdoor open fire for
pleasure, entertainment, ceremonial, cooking, warmth,
or other similar activities with a fueled fire consisting of either liquefied petroleum (LP), natural gas, clean
wood, or charcoal in a fire ring style with a total fuel area less than three (3) feet in width, length, or
diameter or a total fuel area less than two (2) feet in height. Recreational fires shall not include fires
occurring in an incinerator, portable outdoor fireplace, barbecue grill, or barbecue pit.

10. “Residential Burning” means an outdoor open fire
burning clean waste vegetation, tree and yard
trimmings, other than rubbish for disposal on
residential privately owned property.

11. “Structure" means any dwelling, house, building, or flammable construction attached to or near any other
structure.
307.2 Residential Burning Prohibited. Notwithstanding any other provision of the Municipal Code, including this Section 307, residential burning is prohibited. No person kindle, maintain, or authorize to be kindled or maintained any
residential burning operation anywhere in the City.
307.3 Requirements Applicable to all Open and Outdoor
Burning. Any open and outdoor burning operation allowed under this Section 307 must be conducted in accordance with the following requirements:

1. No person younger than eighteen (18) years of age
shall kindle or maintain any open and outdoor burning
operation of any kind.

2. All open and outdoor burning operations of every kind must be continuously attended to by one or more
persons at least eighteen (18) years of age or older
until the fire is extinguished.

3. At least one functioning portable fire extinguisher with a minimum 4-A rating or other approved fireextinguishing equipment must be readily available for

use at times during open and outdoor burning
operations.

4. All open and outdoor burning operations shall be
conducted in compliance with all state or local law or
regulations. Where state or local law or regulations
require prior approval of an open and outdoor burning
operation, no person shall conduct such open and
outdoor burning operation without such approval or in
a manner that violates the conditions of such approval, if any.
307.3 Permits required for Agricultural Burning and
Bonfires.

1. No persons shall kindle, maintain, or authorize to be kindled or maintained any agricultural burning or
bonfire without an operational permit approved in
advance by the City of Fire Chief or their designee.

2. The Fire Chief or their designee shall not approve an operational permit for any agricultural burning or
bonfire the proposed operations comply with all
requirements of this Section 307 and the Fire Chief or
their designee finds that the agricultural burning or
bonfire will be conducted in a manner consistent with
protection of life, health, safety, and property from fire hazards.

3. The Fire Chief or their designee shall have the authority to impose such conditions on the approval of any
permit as are reasonably necessary to make such
finding.
307.4 Setback Requirements. Where and when permitted
by this Section 307, open and outdoor burning operations must be maintained at a reasonable setback from any
structure, but in no case less than the following minimum distances:

1. Agricultural burning operations—at least fifty (50) feet from any structure.

2. Barbecue grills and barbecue pits—at least fifteen (50) feet from any structure.

3. Bonfires—at least fifty (50) feet from any structure.

4. Recreational fires—at least twenty-five (25) feet from any structure.
307.5 Enforcement. In addition to any other authority
granted by law to the Fire Chief, the Fire Chief or their designee shall have the authority to:

1. Issue an order prohibiting any or all open and outdoor burning operations at such time or in such manner or
locations that the Fire Chief or their designees
determine are hazardous due to atmospheric
conditions or local circumstances. No person shall
knowingly kindle or maintain or authorize to be kindled or maintained any open and outdoor burning in
violation such an order by the Fire Chief or their
designee.

2. Order the extinguishment of any open and outdoor
burning operation conducted in violation of this Section 307 or when such operation creates, threatens to
create, or adds to a hazardous situation.”
SECTION 4. CEQA. The adoption of this Ordinance is categorically exempt from environmental review as a Class 8 Exemption pursuant to Section 15308 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Chapter 3). It is further exempt in that there is no possibility that the adoption of this Ordinance, and the regulations established thereby, may have a significant effect on the environment, because the Ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or the remaining portions of this Ordinance. The City Council of the City of Calimesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions were to be declared invalid or unconstitutional.

SECTION 6. Effective Date; Publication. This Ordinance shall take effect 30 days after its final passage, and within 15 days after its passage, the City Clerk shall cause this Ordinance or a summary hereof to be published and/or posted as required by law and by the City's Ordinances and resolutions.

INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 2
nd day of December, 2024:

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED this 16th day of December, 2024 upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
_____________________________________

QUINN BARROW, CITY ATTORNEY