Development Impact Fee Study
City of Calimesa, CA
Quality Control Procedures
Project Management Approach
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City of Calimesa, CA
Quality Assurance / Quality Control Process
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Development Impact Fee Study
City of Calimesa, CA
Project Schedule
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EXHIBIT B
APPROVED FEE SCHEDULE
Development Impact Fee Study
City of Calimesa, CA
Development Impact Fee Schedule
Development Impact Fee Study
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City of Calimesa
Development Impact Fee Study
Cost Proposal
Development Impact Fee Study
City of Calimesa, CA
Hourly Rates
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Willdan Financial Services
Hourly Rate Schedule
Position Team Member Hourly Rate
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T 951.587.3500 § 800.755.6864 | F 951.587.3510 § 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 www.willdan.com 1 Cover Letter
December 9, 2024
Ms. Celeste Reid
Finance Director and Treasurer
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Re: Proposal to Conduct a Development Impact Fee Study for the City of Calimesa Dear Ms. Reid:
Willdan Financial Services (“Willdan”) is pleased to present this proposal to the City of Calimesa (“City”) to conduct a comprehensive development impact fee study. Willdan’s project approach helps to ensure the preparation of an impact fee study that will withstand technical challenges and public scrutiny. Given Willdan’s unmatched impact fee experience, we are particularly well positioned to serve the City and help achieve established long-term goals.
Outlined below are the advantages and benefits that Willdan will provide for the City.
Unmatched experience implementing and defending fee programs. Willdan’s impact fee staff has assisted more than 100 California government agencies with the development and/or update of all fee types and is fortunate to be in a position that will provide a tremendous benefit to the City. Each project has required defensible documentation and thorough coordination of fee program changes for different agency departments and stakeholders within the business community. In some cases, Willdan has been required to negotiate fees with stakeholders and, on occasion, defend them in meetings and public forums.
We are particularly strong in advising our clients on the advantages and disadvantages of different fee schedule structures (citywide versus multiple-fee districts/zones; more versus fewer land-use categories; etc.) and methods of fee calculation that are based on the City’s and stakeholder priorities. Impact fees also need to be developed in compliance with the Mitigation Fee Act (California Government Code Section 66000 et seq., also known as Assembly Bill 1600) so that they are defensible and transparent. We are also current on the changes to fee programs and the adoption of nexus studies resulting from AB 602, which took effect in 2022.
Innovative Methodologies. As Willdan operates nationally, we possess unique experiences in numerous jurisdictions dealing with multiple challenges. Our ability to produce studies that accommodate various options and viewpoints ensures fair-minded and sensible projects. Our methodology and approach to impact fees has proven to be effective for Cities and Counties, the development community, and the public. Utilizing focus groups, with established guidelines, during the study, fully informs the development community and the public of the justification of the impact fees, and their positive effect on community growth.
Best-in-class impact fee team that can work immediately to prepare an impact fee program. The Willdan team begins a project by evaluating the agency’s existing fee program, if available, and current capital planning policies and funding programs. Not all capital projects are amenable to funding from impact fee programs, and we identify sources that complement fee revenues to fully fund the capital improvement program. The team’s Principal-in-Charge James Edison and Project Manager Carlos Villarreal are well respected by our clients for their skill in proactively organizing a clear, consensus-based project approach.
Successful project completion. Willdan has successfully completed many development impact fee studies, including most recently in the Cities of Indian Wells, Fontana, Hemet, Murrieta, Eastvale, Yucaipa, Claremont, Chino Hills, Chino, Pomona, Barstow, Apple Valley, Murrieta, and Palm Desert.
We are excited about this opportunity to use our skills and expertise to serve the City of Calimesa. To discuss any aspect of this submittal, please contact Managing Principal James Edison, who will serve as the primary contact for this proposal, his information is provided in the Introduction Section.
As a Vice President of Willdan Financial Services, I am authorized to bind the firm to the terms of this proposal, as well as the subsequent agreement.
Sincerely,
WILLDAN FINANCIAL SERVICES
Chris Fisher
Vice President / Director
Attachment 8B
Development Impact Fee Study ii
City of Calimesa, CA
Table of Contents
Cover Letter................................................................................................................................................................... 1 Qualifications................................................................................................................................................................ 1 Firm Profile.......................................................................................................................................................... 1 Experience and Expertise.................................................................................................................................. 2 Engagement Office............................................................................................................................................. 2 Staffing........................................................................................................................................................................... 3 Key Personnel..................................................................................................................................................... 3 James Edison, JD, MPP....................................................................................................................................... 4 Carlos Villarreal, MPP........................................................................................................................................... 5 Scope of Services and Schedule......................................................................................................................... 6 Project Understanding ....................................................................................................................................... 6 Project Objectives .............................................................................................................................................. 6 Work Plan .......................................................................................................................................................... 10 Staff Support..................................................................................................................................................... 13 Project Disclaimer ............................................................................................................................................ 13 Quality Control Procedures............................................................................................................................. 14 Project Schedule............................................................................................................................................... 16 Development Impact Fee Schedule ............................................................................................................... 17 Development Impact Fee Study ...................................................................................................................... 17 References ..................................................................................................................................................................19 Similar Studies.................................................................................................................................................. 20 Samples........................................................................................................................................................................22
Development Impact Fee Study 1
City of Calimesa, CA
Qualifications
Firm Profile
Willdan Financial Services is an operating division
within Willdan Group, Inc. (WGI), which was founded in
1964 as an engineering firm working with local
governments. Today, WGI is a publicly traded company
(WLDN). WGI, through its divisions, provides
professional technical and consulting services that
ensure the quality, value and security of our nation’s
infrastructure, systems, facilities, and environment. The firm has pursued two primary service objectives since
its inception—ensuring the success of its clients and
enhancing its surrounding communities.
A financially stable company, Willdan has
approximately 1,600 employees working in more than a
dozen states across the U.S. Our employees include a
number of nationally recognized Subject Matter Experts
for all areas related to the broadest definition of
connected communities—including a team who will
be committed to contribute their expertise
throughout the duration of the City of Calimesa’s
Development Impact Fee Study engagement.
Willdan has solved economic, engineering and energy
challenges for local communities and delivered
industry-leading solutions that have transformed
government and commerce. Today, we are leading our
clients into a future accelerated by a change in resources, infrastructure, technology, regulations, and industry trends.
Willdan Financial Services
Established on June 24, 1988, Willdan Financial Services, is a national firm and is one of the largest public sector economic and financial analysis consulting firms in the United States. Since that time, we have helped over 800 public agencies successfully address a broad range of infrastructure challenges.
Our staff of over 80 professionals support our clients by conducting year-round workshops and on-site training to assist them in keeping current with the latest developments in our areas of expertise.
Willdan assists local public agencies by providing the following services:
Willdan Financial Services
Services
§ User fee studies;
§ Cost allocation studies;
§ Utility rate and cost of service studies;
§ Real estate economic analysis;
§ Feasibility studies;
§ Municipal Advisory;
§ Arbitrage and Continuing Disclosure Services;
§ Economic development strategic plans;
§ Debt issuance support
§ Development impact fee establishment and
analysis;
§ District Administration Services;
§ Property tax audits;
§ Tax increment finance district formation and
amendment;
§ Housing development and implementation
strategies; and
§ Long-term financial plans and cash flow modeling.
Development Impact Fee Study 2
City of Calimesa, CA
Experience and Expertise
Willdan has been preparing impact fee nexus studies since the passage of the Mitigation Fee Act. Our commitment to public agencies and public solutions has helped us develop the broad finance expertise that will be utilized to support the City’s Development Impact Fee Study. Willdan has worked on
virtually every aspect of municipal finance, including fiscal and economic impact studies related to development and reorganization, the financing of infrastructure and services through special district or supplemental taxes, and even working under contract as a department head of an entire municipality. This experience has provided Willdan team members with deep insight into the sources of municipal revenue and the costs of services.
Managing Principal James A. Edison and his team have worked with public agencies on many community development
projects, including the full range of analysis related to feasibility, economic and fiscal impacts, infrastructure finance, and negotiations with private developers. Willdan is thoroughly familiar with both the Act and with the technical and policy issues surrounding impact fees.
Unique Qualifications
Willdan is uniquely qualified to assist the City of Calimesa with the proposed Development Impact Fee Study.
The following are specific advantages that we will provide for the proposed engagement.
Project Dedication
Willdan has assembled a project team of subject matter experts within the Financial Consulting Services group, to conduct the City of Calimesa Development Impact Fee Study engagement. This team has coordinated or participated in numerous public stakeholder and staff workshops regarding fees and cost of service-based charges.
Community Investment
Much of our success in developing impactful programs and studies is due to our experiences in meeting with citizen / stakeholder groups and elected officials. Our ability to explain technical information in a concise, understandable manner is a fundamental reason for our high degree of success. Willdan staff takes the time to include and inform the Community.
Proven Professionals
The Team’s quality is often as important as the consulting firm’s reputation. Willdan is known for its personal,
customized service. Our team will work with the City’s
professional staff to provide the long-term service, that is our prime goal.
Engagement Office
The Calimesa engagement will be overseen from Willdan Financial Services headquarters.
Willdan Financial Services
Proposal Contact
James Edison, JD, MPP
Managing Principal
27368 Via Industria, Suite 200, Temecula, CA 92590
Tel #: (800) 755-6864 | Email: [email protected]
The team presented within this proposal has
worked collectively on numerous projects, such
as the one requested by the City of Calimesa; an
established work practice between the team
members has been forged, this proven longstanding system has benefited our clients.
In the past five years Willdan has conducted
over 125 Impact Fee Studies
Development Impact Fee Study 3
City of Calimesa, CA
Staffing
Key Personnel
Our management and supervision philosophy for the project team is very simple: staff every position in sufficient numbers with experienced personnel to deliver a superior product and convey results to decision makers in meetings, on time and on budget. With that philosophy in mind, we have selected experienced professionals for the City’s engagement. We are confident that our team possesses the depth of experience that will successfully fulfill the desired work performance.
City of Calimesa | Project Team
Key Team Member Project Role Responsibility to the Engagement James Edison, JD, MPP
Managing Principal Principal-in-Charge
§ Ensure client satisfaction, flow of communication, and management of the project
§ Technical guidance
§ Project oversight
§ Quality assurance & control, and
§ Meeting and presentation attendance
Carlos Villarreal, MPP
Principal Consultant Project Manager
§ Collect, interpret, and disseminate key data
§ Day to day contact
§ Production of key elements of the analyses
§ Model development
§ Report preparation, and
§ Meeting and presentation attendance
Staff Continuity
Mr. Edison has been assigned to serve as the City’s principal-in-charge; he has been selected for this role due to his extensive experience, which includes the preparation and supervision of numerous fee studies, as well as his experience presenting to governing bodies, stakeholders, and industry groups.
Project Availability
Willdan’s Financial Consulting Services group is composed of a team of over 20 senior-level professional consultants.
While each member of the project team currently has work in progress with other clients, the workload is at a manageable level with sufficient capacity to meet the needs of the City specific to the schedule and budget for this engagement.
Resumes
Resumes for Willdan’s project team are presented as attachments at the end of the proposal.
Development Impact Fee Study 4
City of Calimesa, CA
Education
Juris Doctorate,
University of
California, Berkeley,
School of Law
Master of Public
Policy, Goldman
School of Public
Policy, University of
California, Berkeley
Bachelor of Arts,
magna cum laude,
Harvard University
Professional
Registrations
Member of State Bar,
California
Affiliations
Council of
Development Finance
Agencies
CFA Society of
San Francisco
Congress for the
New Urbanism
Urban Land Institute
Seaside Institute
International Economic
Development Council
26 Years’ Experience
James Edison, JD, MPP
Principal-in-Charge
Mr. James Edison specializes in the nexus between public and private, with expertise in publicprivate partnerships, and the benefits of economic development to municipalities and state, provincial, regional, and national governments. He possesses deep expertise in land use economics, with a specialty in finance and implementation, including fiscal impact and the public and private financing of infrastructure and development projects, both in the U.S. and internationally. Mr. Edison’s public-sector experience includes local and regional economic impact studies; fiscal impact evaluations; new government formation strategies; and the creation of impact fees, assessments, and special taxes to fund infrastructure and public facilities. He has conducted numerous evaluations of the economic and fiscal impact of specific plans and consulted on a wide variety of land use planning topics related to community revitalization and the economic and fiscal impacts of development.
As a former bond attorney, Mr. Edison understands the legal underpinnings and technical requirements of public financing instruments and has advised both public and private clients on the use of individual instruments, and the interaction between those instruments and the needs of developers and project finance.
Related Experience
City of Murrieta, CA – Master Facilities Plan and Development Impact Fee Calculation Report Update: Mr. Edison served as the principal-in-charge of the City’s study to update their Master Facilities Plan and Development Impact Fee Calculation Report, to ensure that new development pays the capital costs associated with growth.
County of Riverside, CA – Comprehensive Impact Fee Update: Mr. Edison led the effort to establish a comprehensive fee program for the County, including facilities fees for fire, police, parks, criminal justice, libraries, and traffic. He prepared the technical and analytical documents necessary to calculate the fee and establish the necessary nexus to collect it, as well as presenting the fees during public hearings to the County Board of Supervisors. Furthermore, Mr.
Edison is currently leading an update to the County’s development impact fees for 2030.
City of Cudahy, CA – Development Impact Fee Study: Mr. Edison led the Willdan team that helped the City analyze impact fees needed to support future development in the City of Cudahy through buildout of the City’s General Plan.
City of Fillmore, CA – North Fillmore Specific Plan Nexus Study: Mr. Edison is currently assisting the City with an analysis of development impact fees needed to finance public facilities necessary for the development of the North Filmore Specific Plan. Public facilities included in this analysis include water, sewer systems, recycled water, and streets.
City of Pismo Beach, CA – Development Impact Fee Update: Mr. Edison served in the role of principal-in-charge of an update to the City’s impact fee program. The program included the following facilities: police, fire protection, park and recreation improvements, water system improvements, wastewater, traffic, and general government/administrative facilities. Prior to fee program adoption, a stakeholder meeting was held to inform the public about the project, and to solicit feedback from the development community.
City of Morgan Hill, CA – Development Impact Fee Update: Mr. Edison served as principalin-charge of an update to the City’s existing nexus study, which included general government, fire, police, parks and recreation, library, and storm drain fee categories. The project scope included stakeholder outreach.
City of Alameda, CA – Comprehensive Impact Fee Update: Mr. Edison led the Willdan team that updated the City of Alameda’s impact fee programs, as well as created a separate impact fee program for Alameda Point, the former Alameda Naval Air Station.
City of Santa Clara, CA – Parks Fee Update: Mr. Edison served as principal-in-charge of the City’s park impact fee update. This project included a demographic analysis and estimation of the cost of acquiring and improving public park land.
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City of Calimesa, CA
Education
Master of Public
Policy, Goldman
School of Public
Policy, University of
California, Berkeley
Bachelor of Arts,
Geography, University
of California, Los
Angeles; Minor in
Public Policy and
Urban Planning
Areas of Expertise
Fiscal Impact Analyses
Development Impact
Fees
Public Facilities
Financing Plans
GIS Analysis
18 Years’ Experience
Carlos Villarreal, MPP
Project Manager
Mr. Carlos Villarreal, a Financial Consulting Group Principal Consultant, is proposed to serve in the role of project manager due to his experience documenting nexus findings for development impact fees, preparing capital improvement plans, facilitating stakeholder involvement, and analyzing the economic impacts of fee programs. He has supported adoption of fee programs funding a variety of facility types.
Related Experience
County of Riverside, CA – Comprehensive Impact Fee Update: Mr. Villarreal served as the lead analyst in the effort to establish a comprehensive fee program for the County, including facilities fees for fire, police, parks, criminal justice, libraries, and traffic. He assisted in the preparation of the technical and analytical documents necessary to calculate the fees and establish the necessary nexus. Mr. Villarreal is once again serving on the project team to update the County’s impact fees through 2030.
City of Cudahy, CA – Development Impact Fee Study: Mr. Villarreal served as project manager to help the City analyze impact fees needed to support future development in the City of Cudahy through buildout of the City’s General Plan.
City of Pismo Beach, CA – Development Impact Fee Update: Mr. Villarreal served in the role of project manager for the City’s impact fee project. The program included: police, fire protection, park and recreation improvements, water system improvements, wastewater, traffic, and general government/administrative facilities. Prior to fee program adoption, a stakeholder meeting was held to inform the public about the project, and to solicit feedback from the development community.
City of Carpinteria, CA – Development Impact Fee Update: Mr. Villarreal served in the role of lead analyst to update the City of Carpinteria’s impact fees, which included highways and bridges, streets and thoroughfares, traffic control, parking, storm drain, general government, aquatic, park and recreation, and open space. The City has engaged Willdan again to update their impact fees and Mr. Villarreal is serving in the role of project manager.
City of McFarland, CA – Impact Fee Study Update: Mr. Villarreal served as project manager updating the City’s development impact fee program. The study comprehensively updated the City’s fee program, incorporating new facility master planning and infrastructure costs necessary to facilitate expected development in the City through 2040. The study included the following facility fee categories; general government, law enforcement, park and recreation, fire protection, water, sewer, storm drain, and traffic. The fees were adopted by the City Council in 2020.
County of San Benito, CA – Comprehensive Impact Fee Study: As project manager, Mr.
Villarreal assisted the County with the preparation of an updated and expanded impact fee program. The study included updates to the following fees: capital improvements, road equipment, fire mitigation, and park and recreation.
City of Soledad, CA – Development Impact Fee Study Update: Mr. Villarreal managed the update of the City’s impact fee program, specifically changes in demographics, growth projections, project costs, and facility standards. In particular, the City had to revise its capital facilities needs to accommodate a much lower amount of growth than what was projected before 2007. The resulting fees funded new development’s share of planned facilities, while not overburdening development with unnecessary costs.
City of Morgan Hill, CA – Development Impact Fee Update: Mr. Villarreal served as lead analyst assisting with an update to the City’s existing nexus study, including general government, fire, police, parks and recreation, library, and storm drain fee categories. The project scope included stakeholder outreach. The City engaged Willdan again to update the study and Mr.
Villarreal served in the role of project manager.
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Scope of Services and Schedule
This section outlines Willdan Financial Services’ (“Willdan”) understanding of the City of Calimesa’s (“City”) desire to conduct a development impact (mitigation) fee study, as well as identify the project objectives and discusses the background regarding public facilities financing in California. Also outlined is an overview of our impact fee project approach.
Project Understanding
As part of the larger financial planning effort for Calimesa General Plan, the City seeks to understand what the financial impacts of foreseeable future development will have on the City’s public services and infrastructure, and to identify potential gaps in funding for those necessary improvements. The City desires to update impact fees to ensure a fair and reasonable fee structure, while meeting the requirements of the California Mitigation Fee Act (California Government Code 66000 et seq). The resulting fees will fund new development’s share of planned facilities, while not overburdening development with unnecessary costs.
Listed below is the development impact fee that Willdan assumes will be included in this study:
§ General Plan
Willdan understands that the City would like to explore additional fee categories to cover other infrastructure requirements. Willdan will work with the City, providing information on typical fee categories charged by other municipalities and also examining the City’s infrastructure planning and needs to determine fee categories that would be helpful.
Project Objectives
The objective of this project is to update development impact fees pursuant to State law, and to assist the City in understanding additional infrastructure needs necessitated by future projections such as the housing element. To accomplish this objective, this study will:
§ Develop a technically defensible fee justification, based on the reasonable relationship and deferential review standards;
§ Review and facility standards, capital facilities plans and costs, and development and growth assumptions (including the recent Infrastructure Task Force report and facilities master plans); § Identify potential additional fees to address unmet future capital facilities needs; § Provide a schedule of maximum-justified fees by land use category; and § Provide comprehensive documentation of assumptions, methodologies, and results, including findings required by the Mitigation Fee Act.
Public Facilities Financing in California
The changing fiscal landscape in California during the past 40 years has steadily undercut the financial capacity of local governments to fund infrastructure. Four dominant trends stand out:
1. The passage of a string of tax limitation measures starting with Proposition 13 in 1978 and continuing through the passage of Proposition 218 in 1996;
2. Declining popular support for bond measures to finance infrastructure for the next generation of residents and businesses;
3. Steep reductions in Federal and State assistance; and
4. Permanent shifting by the State of local tax resources to the State General Fund to offset deficit spending brought on by recessions.
Faced with these trends, many cities and counties have had to adopt a policy of "growth pays its own way." This policy shifts the burden of funding infrastructure expansion from existing rate and taxpayers onto new development. This funding shift has been accomplished primarily through the imposition of assessments, special taxes, and development impact fees, also known as public facilities fees. Assessments and special taxes require approval of property owners or registered voters and are appropriate when the funded facilities are directly related to the developing property.
Development impact fees, on the other hand, are an appropriate funding source for facilities that benefit development jurisdiction-wide. Development fees need only a majority vote of the legislative body for adoption.
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Approach and Methodology
Willdan’s methodology for calculating public facilities fees is both simple and flexible. Simplicity is important so that the development community and the public can easily understand the justification for the fee program. At the same time, we use our expertise to reasonably ensure that the program is technically defensible.
Flexibility is important, so we can tailor our approach to the available data, and the agency’s policy objectives. Our understanding of the technical standards established by statutes and case law suggests that a range of approaches are technically defensible. Consequently, we can address policy objectives related to the fee program, such as economic development and affordable housing. Flexibility also enables us to avoid excessive engineering costs associated with detailed facility planning. We calculate the maximum justifiable impact fee and provide flexibility for the agency to adopt fees up to that amount.
Development impact fees are calculated to fund the cost of facilities required to accommodate growth. The four steps followed in an impact fee study include:
§ Estimate existing development and future growth: Identify a base year for existing development and a growth forecast that reflects increased demand for public facilities; § Identify facility standards: Determine the facility standards used to plan for new and expanded facilities; § Determine facilities required to serve new development and their costs: Estimate the total amount and cost of planned facilities, and identify the share required to accommodate new development; and § Calculate fee schedule: Allocate facilities costs per unit of new development to calculate the public facilities fee schedule.
We discuss key aspects of our approach to each of these steps in the subsections that follow.
Growth Projections
In most cases, we recommend use of long-range market-based projections of new development. By “long-range” we suggest 20 to 30 years to: capture the total demand often associated with major public facility investments; and support analysis of debt financing, if needed. In contrast to build out projections, market-based projections provide a more realistic estimate of development across all land uses. Build out projections typically overestimate commercial and industrial development because of the oversupply of these land uses relative to residential development.
Facility Standards
The key public policy issue in development impact fee studies is the identification of facility standards (second bullet above). Facility standards document a reasonable relationship between new development and the need for new facilities. Standards ensure that new development does not fund deficiencies associated with existing development.
Our approach recognizes three separate components of facility standards:
1. Demand standards determine the amount of facilities required to accommodate growth. Examples include park acres per thousand residents, square feet of library space per capita, or gallons of water per day. Demand standards may also reflect a level of service such as the vehicles-to-capacity (V/C) ratio used in traffic planning;
2. Design standards determine how a facility should be designed to meet expected demand, for example park improvement requirements and technology infrastructure for office space. Design standards are typically not explicitly evaluated as part of an impact fee analysis but can have a significant impact on the cost of facilities.
Our approach incorporates current facility design standards into the fee program to reflect the increasing construction cost of public facilities; and
3. Cost standards are an alternate method for determining the amount of facilities required to accommodate growth based on facility costs per unit of demand. Cost standards are useful when demand standards were not explicitly developed for the facility planning process. Cost standards also enable different types of facilities to be analyzed based on a single measure (cost or value), useful when disparate facilities are funded by a single fee program. Examples include facility costs per capita, per vehicle trip, or cost per gallon of water per day.
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Identifying New Development Facility Needs and Costs
We can take several different approaches to identify facility needs and costs to serve new development. Typically, this is a two-step process: 1) identify total facility needs; and 2) allocate to new development its fair share of those needs. Total facility needs are often identified through a master facility planning process that typically takes place concurrent with or prior to conducting the fee study. Engineered facility plans are particularly important in the areas of traffic, water, sewer, and storm drain due to the specialized technical analysis required to identify facility needs.
There are three common methods for determining new development’s fair share of planned facilities costs: 1) the existing inventory method; 2) the planned facilities method; and 3) the system plan method. Often the method selected depends on the degree to which the community has engaged in comprehensive facility master planning to identify facility needs.
The formula used by each approach and the advantages and disadvantages of each method is summarized as follows:
Existing Inventory Method
The existing inventory method allocates costs based on the ratio of existing facilities to demand from existing development as follows:
Current Value of Existing Facilities = $/unit of demand Existing Development Demand Under this method new development funds the expansion of facilities at the same standard currently serving existing development. By definition, the existing inventory method results in no facility deficiencies attributable to existing development. This method is often used when a long-range plan for new facilities is not available. Only the initial facilities to be funded with fees are identified in the fee study. Future facilities to serve growth are identified through an annual Capital Improvement Plan (CIP) and budget process, possibly after completion of a new facility master plan.
Planned Facilities Method
The planned facilities method allocates costs based on the ratio of planned facility costs to demand from new development as follows:
Cost of Planned Facilities = $/unit of demand New Development Demand This method is appropriate when specific planned facilities can be identified that only benefit new development.
Examples include street improvements to avoid deficient levels of service or a sewer trunk line extension to a previously undeveloped area. This method is appropriate when planned facilities would not serve existing development. Under this method new development funds the expansion of facilities at the standards used for the master facility plan.
System Plan Method
This method calculates the fee based on the ratio of the value of existing facilities plus the cost of planned facilities divided by demand from existing plus new development:
Value of Existing Facilities + Cost of Planned Facilities = $/unit of demand Existing + New Development Demand This method is useful when planned facilities need to be analyzed as part of a system that benefits both existing and new development. It is difficult, for example, to allocate a new fire station solely to new development when that station will operate as part of an integrated system of fire stations that work together to achieve the desired level of service.
Police substations, civic centers, and regional parks are examples of similar facilities.
The system plan method ensures that new development does not pay for existing deficiencies. Often, facility standards based on policies such as those found in General Plans are higher than existing facility standards. This method enables the calculation of the existing deficiency required to bring existing development up to the policybased standard. The local agency must secure non-fee funding for that portion of planned facilities, required to correct the deficiency, to ensure that new development receives the level of service funded by the impact fee.
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Calculating the Fee Schedule
At its simplest, the fee schedule uses the cost per unit of demand discussed in the last subsection to generate the fee schedule. This unit cost is multiplied by the demand associated with a new development project to calculate the fee for that project. The fee schedule uses different demand measures by land use category to provide a reasonable relationship between the type of development and the amount of the fee. We are familiar with a wide range of methods for identifying appropriate land use categories and demand measures depending on the study.
Related Approach Issues
Funding and Financing Strategies
In our experience, one of the most common problems with impact fee programs and with many CIPs is that the program or plan is not financially constrained to anticipated revenues. The result is a “wish list” of projects that generate community expectations that often cannot be fulfilled. Our approach is to integrate the impact fee program into the local agency’s existing CIPs while encouraging those plans to be financially constrained to available resources. We clearly state the cost of correcting existing deficiencies, if any, to document the relationship between the fee program and the need for additional non-fee funding.
We can also address one of the most significant drawbacks of an impact fee program – the inability to support conventional public debt financing, so projects can be built before all fee revenues have been received. In collaboration with financial advisors and underwriters, we have developed specific underwriting criteria so that fees can be used to pay back borrowing if another source of credit exists. Typically, this approach involves the use of Certificates of Participation or revenue bonds that are calibrated so that they can be fully repaid using impact fee revenues.
Economic Development Concerns
The development community often is concerned that fees and other exactions will become too high for development to be financially feasible under current market conditions. Local agencies have several strategies to address this concern, including:
§ Conducting an analysis of the total burden placed on development, by exactions, to see if feasibility may be compromised by the proposed fees;
§ Gathering similar data on the total fee burden imposed by neighboring or competing jurisdictions; § Developing a plan for phasing in the fees over several years to enable the real estate market to adjust; § Providing options for developers to finance impact fees through assessments and other types of financing districts; and
§ Imposing less than the maximum justified fee.
If less than the maximum justified fee is imposed, we will work with staff to identify alternative revenues sources for the CIP. The CIP should remain financially feasible to maintain realistic expectations among developers, policymakers, and the public.
Stakeholder Participation
Stakeholder participation throughout the study supports a successful adoption process. Our approach is to create consensus first, around the need for facilities based on agreed upon facility standards. Second, we seek consensus around a feasible funding strategy for these needs, leading to an appropriate role for impact fees.
Gaining consensus among various groups requires a balanced discussion of both economic development and community service objectives. Often, our approach includes formation of an advisory committee to promote outreach to and input from the development community and other stakeholders. We have extensive experience facilitating meetings to explain the program and gain input.
Program Implementation
Fee programs require a certain level of administrative support for successful implementation. Our final report will include recommendations for appropriate procedures, such as:
§ Regularly updating development forecasts;
§ Regularly updating fees for capital project cost inflation; § Regularly updating capital facility needs based on changing demands; § Developing procedures for developer credits and reimbursements; and § Including an administrative charge in the fee program.
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Work Plan
Willdan will work with the City to update its impact fees consistent with the Mitigation Fee Act and other relevant laws.
We want to ensure that our scope of services is responsive to the City’s needs and specific local circumstances. We will work with the City to revise our proposed scope based on input prior to approval of a contract, and as needed during the course of the study. Willdan anticipates updating the following fees:
§ Flood Control/Drainage
§ Administrative Facilities
§ Library
§ Street and Traffic
§ Law Enforcement
§ Parks
§ Fire Facilities
Task 1: Identify Policy Issues
Objective: Identify and discuss potential policy issues raised by the study. Kick-off meeting with staff to review data needs, policy issues, schedule and discuss potential additional fee categories.
Description: Review agency documents related to existing capital planning policies and funding programs including existing impact fees. Bring policy issues to City staff’s attention, as appropriate, during the project and seek guidance prior to proceeding. Potential policy issues include:
§ Changes in implementation resulting from AB 602;
§ Changes in approach and nexus findings necessary to comply with AB 602; § Potential new impact fees for consideration (including, potentially, beach and coast recreation facilities, lifeguard facilities, homeless facilities, and law enforcement facilities); § Adequacy of General Plan and other public facility planning policies (e.g., level of service standards); impact fee ordinances and resolutions, and prior nexus studies; § Availability of existing public facility master plans and CIPs to identify needed facilities; § Types of facilities to be funded by each fee;
§ Land use categories for imposition of fees;
§ Nexus approach to determining facility standards;
§ Nexus approach to allocating cost burden among land uses, including need for separate fee zones;
§ Potential alternative funding sources, if needed;
§ Funding existing deficiencies, if identified;
§ Potential fee zones or subareas to tailor the fee program or address other policy considerations; and
§ Implementation concerns and strategies.
Deliverables: (1) Information requests; and (2) revised project scope and schedule (if needed).
Task 2: Identify Existing Development and Future Growth Objective: (1) Identify estimates of existing levels of development; and (2) identify a projection of future growth consistent with current planning policy.
Description: Identify base year for estimating existing levels of development and for calculating facility standards based on existing facility inventories (see Task 3). Include entitled development that would be exempt from fee program.
Consult with City staff to identify growth projections to a defined long-range planning horizon (10 to 30 years). Projections provide a basis for determining the facilities needed to accommodate growth (see Task 4). Consider projections from regional metropolitan planning agencies and other available sources - City staff to provide estimates and projections by zone if needed.
Develop approach for converting land use data to measure of facility demand. For example, identify population and employment density factors to convert population and employment estimates to dwelling units and building square footage. Select appropriate approach for each impact fee based on:
§ Available local data on facility demand by land use category; § Approaches used by other agencies; and
§ Support for other agency policy objectives.
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Changes to estimates and projections during subsequent tasks could cause unanticipated effort and require an amendment to the scope of services and budget. Obtain approval of estimates and projections from City staff prior to proceeding.
Task 3: Determine Facility Standards
Note: Conduct Tasks 3, 4, and 5 separately for each intended facility and fee type. Conduct tasks concurrently because of the effect of facility standards (Task 3), facility needs (Task 4), and alternative funding (Task 5) on the fee calculation.
Objective: Determine standards to identify facilities required to accommodate growth.
Description: Identify and evaluate possible facility standards depending upon the facility type, current facility inventory data, and available facility planning documents. Consider use of: (1) adopted policy standards (e.g., General Plan, master facility plans); (2) standards derived from existing facility inventories; or (3) standards derived from a list of planned facility projects. City staff to provide policies, inventories, and project lists. Willdan will work with the City to identify additional costs that might be eligible for funding by the DIF.
Task 4: Determine Facilities Needs and Costs
Objective: Identify the type, amount and cost of facilities required to accommodate growth and correct deficiencies, if any.
Description: Quantify total planned facilities based on growth projection from Task 2 and facility standards from Task 3. Express planned facilities in general quantities such as acres of parkland, or as a specific list of capital projects from a master facility plan.
Location of planned facilities may or may not be specified. If only a general description of planned facilities is available through the planning horizon, City staff to provide a list of specific capital projects for use of fee revenues during the short term (e.g., five years).
Distinguish between: (1) facilities needed to serve growth (that can be funded by impact fees); and (2) facilities needed to correct existing deficiencies (that cannot be funded by impact fees). Use one of three cost allocation methods (existing inventory, system plan, or planned facilities).
Gather planning-level data on new facilities costs based on lump sum project cost estimates, or unit costs and project quantities (acres, building square feet, lane miles, etc.). Consider recent City experience, local market data such as land transactions, and consultant team experience from prior projects. Inflate older cost estimates to base year using appropriate cost indices.
The revised facility costs will form the basis of the capital improvement program needed for compliance with AB 602.
This scope of work does not include additional engineering analysis, including traffic engineering, to identify total facility needs, existing deficiencies, or cost estimates. Any such engineering/design work can be provided under a separate contract with Willdan Engineering or a third party. However, Willdan can use rough descriptions and comparables to calculate a reasonable cost estimate sufficient for use in the DIF study.
Task 5: Identify Funding and Financing Alternatives
Objective: Determine the extent of alternative (non-fee) funding available for new facilities.
Description: If impact fees are going to only partially fund a capital project, the Mitigation Fee Act requires the agency report on the anticipated source and timing of the additional funding every five years. There are two types of alternative funding sources that we will identify:
1. Funding from non-impact fee sources to correct existing deficiencies; and
2. Funding from new development other than impact fees that must be credited against new development’s impact fee contributions, possibly including taxes paid to finance facilities.
Identify anticipated alternative funding based on information from City staff or note that funds are still to be identified based on a list of probable funding alternatives. If fees will fund debt service include financing costs in the total cost of facilities.
Assume facilities to be funded predominantly on a pay-as-you-go basis. Scope does not include a cash flow analysis to analyze effect of timing of fee revenues on financing costs.
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Task 6: Comparison Analysis
Objective: Provide a comparison of the current and proposed impact fees to those of comparable/surrounding jurisdictions in Riverside County.
Description: City staff will compare a total of five Riverside County jurisdictions to be selected by the City. Willdan will guide staff in comparison methodology and provide examples from other jurisdictions.
Task 7: Calculate Fees and Prepare Report
Objective: Provide technically defensible fee report that comprehensively documents project assumptions, methodologies, and results.
Description: Generate fee schedule to apportion facility costs to individual development projects. Use facility costs per unit of demand multiplied by demand by land use category based on data developed in prior tasks.
Prepare draft report tables for City staff to review, that document each step of the analysis, including schedule of maximum justified fees by facility type land use category and all other requirements of the Mitigation Fee Act.
Following one (1) round of comments from City staff on the quantitative analysis and fee schedules, prepare administrative draft report. The report will contain all required calculations and assumptions.
In addition, Willdan will provide the City with best practices regarding a range of policy decisions for consideration by the City Council, including incentives for affordable housing production and considerations of the impact of fees on development in the City.
Following one (1) round of comments on administrative draft, prepare public draft for presentation to interested parties, the public and elected officials. This public review draft will be presented and public stakeholder meetings and at a Council informational session. Prepare final report, if necessary, based on comments received on the public draft report. If requested, post the report on our website for public access. Note that as of January 2022, the Nexus study is adopted separately from the fees, and with a 30-day notice.
Fees will be calculating residential land uses in compliance with AB 602.
Provide legal counsel with copies of fee resolutions and ordinances used by other jurisdictions.
Deliverables: We will provide up to two (2) bound copies of the draft report, one (1) unbound copy, one (1) Microsoft Word copy; and up to two (2) bound copies of the final report.
Task 8: Policy Guidance and Best Practices
Objective: Provide additional guidance on a range of policy issues requested by the City.
Description: In additional to the legal and technical requirements of the nexus study, Willdan will provide guidance and support on the following issues:
§ Exemptions or adjustments to fees for policy priorities (such as affordable housing or economic development)
§ Current fee accounting and administration
§ Potential new fee categories
§ Annual fee reporting and update methodology
§ Best practices from other jurisdictions, as applicable.
Deliverables: Memo (for City Council these issues are typically included in the staff report or as a separate attached memo).
Task 9: Meetings
Objective: The project manager or other necessary Willdan staff will attend project meetings. A member of the Impact Fee project team will attend up to five (5) in-person meetings and presentations throughout the City’s engagement. Phone conferences are not considered meetings for the purposes of this scope.
Optional: Optional stakeholder and Council meetings may be requested by the City.
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Staff Support
To complete our tasks, we will need the cooperation of City of Calimesa staff. We suggest that the City assign a key individual to represent the City as the project manager who can function as our primary contact. We anticipate that the City’s project manager will:
§ Coordinate responses to requests for information;
§ Coordinate review of work products; and
§ Help resolve policy issues.
Willdan will rely on the validity and accuracy of the City’s data and documentation to complete the analysis. Willdan will rely on the data as being accurate without performing an independent verification of accuracy and will not be responsible for any errors that result from inaccurate data provided by the client or a third party.
Project Disclaimer
The City of Calimesa further represents, acknowledges, and agrees that:
(i) The City uses, or may use, the services of one or more municipal advisors registered with the U.S. Securities and Exchange Commission (“SEC”) to advise it in connection with municipal financial products and the issuance of municipal securities;
(ii) The City is not looking to Willdan to provide, and City shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues);
(iii) The provisions of this proposal and the services to be provided hereunder as outlined in the scope of services are not intended (and shall not be construed) to constitute or include any municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder;
(iv) For the avoidance of doubt and without limiting the foregoing, in connection with any revenue projections, cashflow analyses, feasibility studies and/or other analyses Willdan may provide the City with respect to financial, economic or other matters relating to a prospective, new or existing issuance of municipal securities of the City, (A) any such projections, studies and analyses shall be based upon assumptions, opinions or views (including, without limitation, any assumptions related to revenue growth) established by the City, in conjunction with such of its municipal, financial, legal and other advisers as it deems appropriate; and (B) under no circumstances shall Willdan be asked to provide, nor shall it provide, any advice or recommendations or subjective assumptions, opinions or views with respect to the actual or proposed structure, terms, timing, pricing or other similar matters with respect to any municipal financial products or municipal securities issuances, including any revisions or amendments thereto; and
(v) Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding municipal advisory activities is currently quite limited and is likely to evolve and develop during the term of the potential engagement and, to that end, the City will work with Willdan throughout the term of the potential Agreement to ensure that the Agreement and the services to be provided by Willdan hereunder, is interpreted by the parties, and if necessary amended, in a manner intended to ensure that the City is not asking Willdan to provide, and Willdan is not in fact providing or required to provide, any municipal advisory services.
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Quality Control Procedures
Project Management Approach
At Willdan, we utilize a Project Management Process/Approach that ensures projects are completed on time, within budget and most importantly yield results that match our clients’ expectations. We will document discussions leading to important policy decisions and/or the choice of critical assumptions used in constructing the analysis and model.
Following key stakeholder discussions, we will schedule a call to summarize findings and direction with City staff, to make certain that we are in agreement with stated objectives, and that feedback is incorporated as appropriate.
Through the process of providing regular updates and conducting status conference calls, potential issues will be highlighted, discussed, and resolved. Any deviances from the project timeline will be identified and plans will be developed for course corrections. If necessary, changes in approach or strategy will be discussed with City staff, to meet the needs of the City of Calimesa. In doing this, we will ensure the project stays on track and evolves, based upon current thinking and outside dynamics.
Project Management
Define the
Project
Plan
the Project
Manage
the Project
Review the
Project
Communicate
the Project
§ Identify the project
scope, set
objectives, list
potential
constraints,
document
assumptions.
§ Define a course of
action and develop
an effective
communication
plan.
§ Provide a forum for
applying the team’s
collective expertise
to solving difficult
analytical issues
that arise in
complex projects.
§ Collaborate with
the project team
and client staff and
agree upon
timeline to meet
the estimated
project timeline.
§ Assign workload
functions to
appropriately
qualified staff to
ensure milestones
are met, on time.
§ Pre-schedule
quality control
meetings with
project team to
maintain the
progressive motion
of the project.
§ Manage the
execution of the
project.
§ Direct existing and
upcoming project
tasks.
§ Control and
monitor work in
progress.
§ Provide feedback
to client and
project team.
§ Identify and
resolve deviances
from project
timeline.
§ Review all work
product and
deliverables.
§ Utilize structured
quality assurance
process involving
up to three levels
of review at the
peer level, project
manager level.
§ Procure executive
officer level review.
§ Communicate with
the client regarding
work status and
progress.
§ Ensure client is in
receipt of regular
status updates.
§ Schedule regular
conference calls to
touch base.
§ Inform client of
roadblocks, work
outside of projected
scope.
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Quality Assurance / Quality Control Process
Our quality control program is incorporated as a required element of Willdan’s day-to-day activities. There are three levels of reviews incorporated for our deliverables:
1) Peer review;
2) Project Manager review; and
3) Final quality assurance
manager review.
Peer reviews involve one analyst
reviewing the work of another,
while project manager reviews
are conducted prior to delivery to
the quality assurance manager.
The quality assurance manager
then performs a final review. This
assures that our final product has
been thoroughly evaluated for
potential errors; thus, providing
quality client deliverables, and
high levels of integrity and outcomes.
The primary mission of our quality control plan is to provide staff with the technical and managerial expertise to plan, organize, implement, and control the overall quality effort, thereby ensuring the completion of a quality project within the time and budget established.
Quality Assurance Goals
Goal Lead Task
Quality Assurance /
Control Process James Edison
§ Establish a set of planned and systematic actions for maintaining a high level of quality in the professional services performed;
§ Emphasize quality in every phase of work;
§ Ensure efficient use of resources;
§ Establish a consistent and uniform approach to the services performed; and
§ Implement appropriate quality control measures for each work task of the project.
Quality Control Plan James Edison;
Carlos Villareal
§ Contract deliverables;
§ Specific quality control procedures;
§ Special quality control emphasis;
§ Budget and manpower requirements;
§ Overall project schedule and budget; and
§ Project documentation requirements.
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City of Calimesa, CA
Project Schedule
Willdan anticipates time is of the essence for the City to begin this engagement. Typically, an impact fee study requires approximately six to seven months from notice to proceed to adoption. The proposed schedule can only be met with the cooperation of City staff. Delays in responding to our requests for data and review will result in corresponding delays to the project schedule. If that is the case, we will notify the City immediately of the possible impact on the schedule.
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City of Calimesa, CA
Development Impact Fee Schedule
Development Impact Fee Study
Based upon the scope of work identified herein, Willdan proposes a fixed fee of $68,310 for the City’s Comprehensive Development Impact Fee Study. The table below provides a breakdown of the proposed fee by task and team member.
Notes
Please note the following:
§ The fee denoted above includes attendance at up to four in-person meetings with City staff, stakeholders, and City Council.
Attendance at more than four meetings and/or presentations will be billed at our current hourly rates, provided below, and actual expenses.
§ Comprehensive written responses to resolve conflicts or preparation of more than one set of major revisions to the draft report, will be classified as Additional Services, and may require additional billing at hourly rates stated in the hourly rate schedule listed below. These additional fees shall only take effect once the fixed fee stated above has been exceeded.
§ Our fixed fee includes all direct expenses associated with the project. § We will invoice the City monthly based on percentage of project completed. § City shall reimburse Willdan for any costs Willdan incurs, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to City or relating to the project. Reimbursement shall be at Willdan 's rates in effect at the time of such response.
§ Optional/Additional Services beyond the listed Scope of Services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates. § The fee mentioned above may be lower, should there be fewer additional fees.
J. Edison
Principal-in-Charge
C. Villarreal
Project Manager Total
$ 240 $ 210 Hours Cost
Scope of Services
Task 1: Identify and Resolve Policy Issues 11.0 21.0 32.0 $ 7,050 Task 2: Identify Existing Development and Future Growth 11.0 21.0 32.0 7,050 Task 3: Determine Facility Standards 12.0 22.0 34.0 7,500 Task 4: Determine Facilities Needs and Costs 16.0 26.0 42.0 9,300 Task 5: Identify Funding and Financing Alternatives 12.0 20.0 32.0 7,080 Task 6: Fee Comparison 14.0 22.0 36.0 7,980
Task 7: Calculate Fees and Prepare Report 12.0 22.0 34.0 7,500 Task 8: Policy Guidance and Best Practices 14.0 21.0 35.0 7,770 Task 9: Meetings 12.0 20.0 32.0 7,080
Total – Development Impact Fee Study 114.0 195.0 309.0 $ 68,310 City of Calimesa
Development Impact Fee Study
Cost Proposal
Development Impact Fee Study 18
City of Calimesa, CA
Hourly Rates
Provided below is Willdan’s hourly rate table identifying current hourly rates for additional or optional services.
Willdan Financial Services
Hourly Rate Schedule
Position Team Member Hourly Rate
Vice President/Director $250
Managing Principal James Edison $240
Principal Consultant Carlos Villarreal $210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst $135
Senior Analyst $125
Analyst II $110
Analyst I $100
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City of Calimesa, CA
References
Provided below are client references for projects completed by Willdan and the project team members proposed herein, which demonstrates our ability to provide the requested services. We are proud of our reputation for customer service and encourage you to contact our past clients regarding our commitment to excellence.
City of Murrieta, CA
Comprehensive Impact Fee Study
Willdan was retained originally in 2013 to conduct a comprehensive update to the City’s impact fees. The team was once again retained through competitive bid in 2023 to update the following fees: Law Enforcement, Fire Protection, Streets and Minor Bridges, Traffic Signals, Storm Drainage, General Facilities, Bridge/Freeway/Ramps, Open Space Acquisition, Park Land Facilities, Community Center, and Public Library.
Willdan developed a technically defensible fee justification based on the reasonable relationship and deferential review standards; provided a schedule of maximum-justified fees by land use category; engaged stakeholders to facilitate public support for the impact fee; and provided comprehensive documentation of all assumptions, methodologies, and results, including findings required by the Mitigation Fee Act.
Client Contact: Javier Carcamo, Finance Manager
1 Town Square, Murrieta, CA 92562
Tel #: (951) 461-6090 | Email: [email protected]
City of Indian Wells
Development Impact Fee Nexus Study
Willdan was retained to perform a comprehensive update to the City’s impact fee program in 2022. The fee program was comprised of a variety of fee categories including transportation, public facilities, recreation, park and storm drain. The analysis also included a development impact fee comparison of six other neighboring municipalities within the Coachella Valley.
Client Contact: Kevin McCarthy, Finance Director
44950 Eldorado Drive, Indian Wells, CA 92210
Tel #: (760) 346-2489 | Email: [email protected] City of Moreno Valley, CA
Development Impact Fee Study
Willdan was retained to perform a comprehensive update to the City’s impact fee program in 2020. Their program included a variety of facility fee categories including arterial streets, traffic signals, interchanges, parks, recreation, fire, police, library, corporation yard, maintenance equipment, and animal shelter facilities. The nexus study justified fees that were significantly higher than the City’s current fees, partially because the fees had not been comprehensively updated in some time. Willdan worked with City staff to recommend a phased approach to implementation, so that the City could increase their fees on a regular schedule providing developers with certainty specific to the fee amounts in the near future.
Upon completion of the comprehensive update, Willdan was retained again to create a fee to fund workforce development facilities and a public arts impact fee, which were both adopted by the City in late 2022.
Client Contact: Michael Lloyd, PE, Public Works Director 14177 Frederick Street, Moreno Valley, CA 92553
Tel #: (951) 413-3100 | Email: [email protected]
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City of Calimesa, CA
Similar Studies
The following table lists Willdan’s development impact fee clientele that have utilized our services in the past five years.
Willdan Financial Services
Development Impact Fee Experience
Partial Client List
City of Alameda, CA City of Parkland, FL
City of Antioch, CA City of Petaluma, CA
City of Arcadia, CA City of Pismo Beach, CA
City of Artesia, CA City of Pittsburg, CA
City of Bakersfield, CA City of Pleasant Hill, CA
City of Banning, CA City of Pomona, CA
City of Bell Gardens, CA City of Rancho Mirage, CA
City of Bellflower, CA City of Redwood City, CA
City of Brea, CA City of Rialto, CA
City of Calexico, CA City of Richmond, CA
City of Calimesa, CA City of Rio Rancho, NM
City of Carpinteria, CA City of Riverbank, CA
City of Chino Hills, CA City of Rolling Hills Estates, CA City of Clovis, CA City of Rosemead, CA
City of Coachella, CA City of San Carlos, CA
City of Commerce, CA City of San Fernando, CA
City of Compton, CA City of San Jacinto, CA
City of Corona, CA City of San Marcos, CA
City of Covina, CA City of San Ramon, CA
City of Cudahy, CA City of Santa Clara, CA
City of Dixon, CA City of Sebastopol, CA
City of Dublin, CA City of Selma, CA
City of El Monte, CA City of Sierra Madre, CA
City of El Segundo, CA City of Soledad, CA
City of Emeryville, CA City of South Gate, CA
City of Fillmore, CA City of South San Francisco, CA
City of Fountain Valley, CA City of St. Helena, CA
City of Fremont, CA City of Tehachapi, CA
City of Garden Grove, CA City of Thousand Oaks, CA
City of Gilroy, CA City of Tracy, CA
City of Gonzales, CA City of Upland, CA
Development Impact Fee Study 21
City of Calimesa, CA
Willdan Financial Services
Development Impact Fee Experience
Partial Client List
City of Goose Creek, SC City of Visalia, CA
City of Guadalupe, CA City of Wasco, CA
City of Greenfield, CA Coachella Valley Association of Governments, CA City of Grover Beach, CA Contra Costa Fire Protection District, CA City of Hawthorne, CA County of Clay, FL
City of Healdsburg, CA County of Kern, CA
City of Hercules, CA County of Kings, CA
City of Hollister, CA County of Los Angeles, CA
City of Huntington Beach, CA County of Madera, CA
City of Huntington Park, CA County of Merced, CA
City of Indian Wells, CA County of Placer, CA
City of Irwindale, CA County of Riverside, CA
City of Kingsburg, CA County of Sacramento, CA
City of La Mesa, CA County of San Benito, CA
City of La Verne, CA County of San Diego, CA
City of Las Cruces, NM County of San Joaquin, CA
City of Lake Elsinore, CA County of San Luis Obispo, CA City of Lake Forest, CA County of Santa Barbara, CA
City of Lancaster, CA County of Solano, CA
City of Lawndale, CA County of Sonoma, CA
City of Livermore, CA County of Stanislaus, CA
City of Long Beach, CA County of Tulare, CA
City of McFarland, CA County of Yolo, CA
City of Madera, CA East Contra Costa Fire Protection District, CA City of Manteca, CA Kern Council of Governments, CA
City of Menifee, CA Nevada County Consolidated Fire District, CA City of Moreno Valley, CA Rodeo-Hercules Fire Protection District, CA City of Morgan Hill, CA San Gorgonio Memorial Healthcare District, CA City of Mountain View, CA Stanislaus Council of Governments, CA City of Murrieta, CA Tehachapi Valley Rec. & Park District, CA City of Newport Beach, CA Town of Mead, CO
City of Oroville, CA Town of Windsor, CA
City of Pacifica, CA Tulare County Association of Governments, CA City of Patterson, CA Village of Taos Ski Valley, NM
Development Impact Fee Study 22
City of Calimesa, CA
Samples
For your reference, included are sample reports completed by the proposed project team; to assist with a development impact fee study.
RESOLUTION 2024-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, AMENDING THE FISCAL YEAR 2024-
25 BUDGET TO INCLUDE AN ADJUSTMENT IN THE FINANCE
DEPARTMENT’S PROFESSIONAL SERVICES ACCOUNT IN THE
GENERAL FUND
WHEREAS, the City Council identified a need to update the City of Calimesa’s Development Impact Fee Study during the budget process for fiscal year 2024-25 as the previous study was completed in March 2017; and
WHEREAS, the results of the request for proposal and review process necessitates the need to increase the fiscal year budget amount appropriated for said service of $40,000 does not meet the terms of the professional services agreement and proposals submitted to complete the updated study; and
WHEREAS, the City will need an additional appropriation of $33,500 to proceed with the professional services agreement and complete an updated study; and
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 01-2000-7210 by $28,310.
PASSED, APPROVED, and ADOPTED this 16th day of December 2024. _____________________________________
LINDA MOLINA, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
Attachment 8C
City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: CONSULTING AGREEMENT WITH KOSMONT & ASSOCIATES MEETING DATE: December 16, 2024
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council:
1. Approve the Agreement with Kosmont & Associates, Inc. and authorize the City Manager to execute the contract on behalf of the City.
2. Adopt Resolution 2024-68, a Resolution of the City Council of the City of Calimesa, California, Amending the FY 2024-25 Budget to Include an Adjustment in the City Manager Professional Services Account in the General Fund.
BACKGROUND: Economic development is a vital aspect of a city's growth, focusing on improving the economic well-being and quality of life for residents. Strategies may include attracting new businesses, supporting local entrepreneurs, enhancing workforce skills, and investing in infrastructure. Effective economic development fosters job creation, increases tax revenues, and promotes sustainable practices. By leveraging community resources and partnerships, the city can create a vibrant economy that meets the needs of its citizens while adapting to changing market conditions.
Previously, the City engaged the services of Henry Garcia to provide economic development support.
However, Mr. Garcia chose to end his services with the City in early 2023. With the challenges and opportunities that the City has in front of it, and with limited resources at the staff level, it is time once again to engage the services of an economic development firm to help in our efforts.
DISCUSSION: At the recent League of California Cities conference, I attended several sessions regarding economic development. Although engaging in economic development activities on the scale of larger cities would be difficult, the value of a partner that specializes in the economic development field became evident. Several of the presentations featured staff from Kosmont & Associates along with their clients, and I was impressed with their approach and how they assisted in the success of their clients. I had further conversations with them at the conference and feel they would be a good fit for our city.
The proposed engagement with Kosmont would include a local and regional market assessment and evaluation of potential opportunity sites. While the community on an anecdotal scale has stated what they want or prefer, we are bounded by market forces. This engagement would clearly define
what types of uses would be successful in our city and will help guide informed land use decisions.
This engagement would be the first phase in a multi-phased approach. Future phases would involve development and implementation of economic development strategies and engagement. These future phases could include outreach to local stakeholders and property owners, outreach to businesses, developers, and brokers for business attraction, and marketing of opportunity sites. As a first phase, it would also allow us to evaluate the work of Kosmont to ensure that they are indeed a good fit for the City’s economic development efforts.
These services are not included in the current fiscal year budget. As such, staff is also recommending a budget adjustment to account for these services. Although we could wait to include these services in next year’s budget, time is of the essence, and we could potentially miss out on opportunities to develop quality projects at Oak Valley Town Center and along Calimesa Blvd. among other places if we don’t act to begin developing our economic development strategy.
FISCAL IMPACT: With the approval of the Resolution to amend the Fiscal Year 2024-25 budget, sufficient appropriations in the amount of $25,000 will be available in the General Fund, City Manager’s Department budget.
ATTACHMENTS:
Attachment A: Kosmont & Associates Consulting Agreement Attachment B: Procurement Proposal for Economic Development Advisory Services Attachment C: Resolution 2024-68
2812846v1.doc City of Calimesa Form
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated December 16, 2024 (“Effective Date”) and is between the City of Calimesa, a California municipal corporation (“City”) and Kosmont & Associates, Inc., dba Kosmont Companies, a California corporation. (“Consultant”). City and Consultant are sometimes referred to herein as the “Parties”, and individually as a “Party”.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide economic development services.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The Parties therefore agree as follows:
1. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services (the “Services”) for economic development services, attached as Exhibit A. City may request, in writing, changes in the Scope of Services to be performed. Any changes to the scope or cost of work must be in writing and mutually agreed upon by the Parties.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Ken K. Hira, President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s Services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the Services on the Effective Date and shall perform all Services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
Attachment 9A
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E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such Services.
F. Compliance with Laws. Consultant shall comply with all applicable federal, state and local laws, ordinances, codes, regulations and requirements.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of Services under this Agreement, including a business license.
2. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2025, terminated as provided in Section 12 of this Agreement or extended.
3. Compensation.
A. Compensation. As full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the Approved Fee Schedule included in Exhibit A. In no event shall Consultant be paid more than $25,000 (the “Maximum Compensation”) for such Services.
B. Expenses. The amount set forth in paragraph 3.A. above includes reimbursement for all expenditures incurred in the performance of this Agreement.
C. Unauthorized Services and Unanticipated Expenses. City will not pay for any services not specified in the Scope of Services, unless the City Council or the City Representative, if applicable, and the Consultant Representative authorize such services in writing prior to Consultant’s performance of those services or incurrence of additional expenses. Any additional services authorized by the City Council, or (where authorized) the City Manager shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the Parties. At the request of the Consultant, the City Council may, in writing, reimburse Consultant for an unanticipated expense at its actual cost. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis, for the Services performed pursuant to this Agreement. Each invoice shall itemize the Services rendered during the billing period, hourly rates charged, if applicable, and the amount due. City shall review each invoice and notify Consultant in writing within ten Business days of receipt of any disputed invoice amounts.
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B. Payment. City shall pay all undisputed invoice amounts within 30 calendar days after receipt up to the Maximum Compensation set forth in Section 3 of this Agreement. City does not pay interest on past due amounts. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. Notwithstanding the preceding sentence, if Consultant is a nonresident of California, City will withhold the amount required by the Franchise Tax Board pursuant to Revenue and Taxation Code Section 18662 and applicable regulations.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Independent contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
6. Information and Documents.
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. A response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives City notice of such court order or subpoena.
B. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct or rewrite the response.
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C. All Data required to be furnished to City in connection with this Agreement shall become City’s property, and City may use all or any portion of the Data submitted by Consultant as City deems appropriate. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the Services, surveys, notes, and other documents prepared in the course of providing the Services shall become City’s sole property and may be used, reused or otherwise disposed of by City without Consultant’s permission. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
D. Consultant’s covenants under this Section shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest. Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Services contemplated by this Agreement. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar Services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
8. Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnities.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees,
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subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. 3) Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
4) City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2).
5) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant
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expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Survival of Terms. Consultant’s indemnifications and obligations under this Section shall survive the expiration or termination of this Agreement for a period not to exceed four (4) years.
9. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under subparagraph A.1) of this Section. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability/Errors and Omissions Insurance with minimum limits of $2,000,000.00 per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming City and its elected and appointed officials, officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
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D. Primary and Non-Contributing. The insurance policies required under this Section shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its elected and appointed officials, officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Section is canceled or reduced in coverage or limits, Consultant shall, within two Business Days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of Services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City.
Consultant shall maintain current endorsements on file with City’s Risk Manager.
Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two weeks prior to the expiration of the coverages.
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J. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section.
10. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent Data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Records and Inspections. Consultant shall maintain complete and accurate records with respect to time, costs, expenses, receipts, correspondence, and other such information required by City that relate to the performance of the Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to City, its designees and representatives at reasonable times, and shall allow City to examine and audit the books and records, to make transcripts therefrom as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three years after receipt of final payment.
12. Termination of Agreement.
A. Right to Terminate. City may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least five calendar days before the termination is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least 30 calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the Services required by this Agreement. Consultant shall have no other claim against City by reason of such termination, including any claim for compensation.
13. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain
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labor or materials or reasonable substitutes for labor or materials, governmental restrictions, judicial orders, enemy or hostile governmental action, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
14. Default.
A. Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default.
B. In addition to the right to terminate pursuant to Section 12, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City shall serve Consultant with written notice of the default. Consultant shall have ten calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
15. Notices. Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by courier service during Consultant’s and City’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:
If to City: If to Consultant:
Attn: Will Kolbow, City Manager Kosmont Companies
City of Calimesa Ken K Hira
908 Park Avenue 1601 N Sepulveda Blvd., #382
Calimesa, California 92320 Manhattan Beach, CA 90266
Telephone: (909) 795-9801 Telephone: (424) 297-1070
Email: [email protected] Email: [email protected]
With a courtesy copy to:
Quinn M. Barrow, City Attorney
908 Park Avenue
Calimesa, California 92320
Telephone: (310) 802-5061
Email: [email protected]
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16. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third Party Beneficiaries Intended. This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the Party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Final Payment Acceptance Constitutes Release. The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment
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be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.
21. Corrections. In addition to the above indemnification obligations, Consultant shall correct, at its expense, all errors in the work which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.
22. Not Used.
23. Exhibits. Exhibit A constitutes a part of this Agreement and is incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.
24. Entire Agreement and Modification of Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by both Parties.
25. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
27. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
28. Business Days. “Business days” means days Calimesa City Hall is open for business.
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29. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a superior court with geographic jurisdiction over the City of Calimesa.
30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.
31. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
32. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument.
33. Corporate Authority. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
[SIGNATURE PAGE FOLLOWS]
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The Parties, through their duly authorized representatives are signing this Agreement on the date stated in the introductory clause.
City:
City of Calimesa,
a California municipal corporation
By:
Name: Will Kolbow
Title: City Manager
ATTEST:
By:
Name: Darlene Gerdes
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
Consultant:
Kosmont & Associates, Inc.,
a California Corporation
By:
Name:
Title:
By:
Name:
Title:
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SERVICES
Approach to Tasks: The assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature.
Kosmont will be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject by. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.
Task 1: Project Orientation / Kickoff
To initiate the assignment, Kosmont will participate in a kick-off meeting and tour with City staff to establish communication protocols, review scope / schedule, budget and request relevant past materials / documents (i.e., economic development studies, vision statements, zoning, and prior analyses). Kosmont will work with City staff to go over key drivers and expectations in preparation for the Market Assessment and Site Evaluation tasks to follow.
Task 2: Market Assessment
Kosmont will conduct a high-level analysis of local property-market trends affecting the City. Kosmont will utilize local real estate market information from local brokers, as necessary, and data sources such as ESRI / CoStar / Placer.ai mobile analytics / Census data / tax records (based on availability of data and recognizing certain confidentiality). This data is important to understand what specific uses would be supported by the City’s demographic profile, as well as assess appropriateness of uses in the City for the purposes of catalyzing revitalization among specific opportunity sites.
Market trends, such as retail sales per square foot, sales tax revenue, retail inventory, vacancy and lease rates, absorption rates, and other relevant real estate data for major land uses in the City will be evaluated. Kosmont may gather historical absorption rates, rent, vacancy rates, new construction pipeline data, and sales value market data for various uses to quantify the City’s growth or decline over time, as appropriate. The following real estate uses will be evaluated:
• Retail / Entertainment
• Multi-Family / Blended-Use
• Industrial
Task 3: Opportunity Site Evaluation
Kosmont will analyze land use strategies for identified opportunity sites in collaboration with the City. Kosmont will consider development/economic trends,
locational factors, and surrounding land uses as they relate to the potential opportunities and constraints of the opportunity sites.
Task 4: Deliverable and Presentation
Kosmont will prepare an executive summary of market assessment findings for staff review. Kosmont will make a presentation to summarize its findings to an appropriate committee / City Council as directed agreed upon by City and Consultant. Deliverable: Kosmont will summarize recommendations and strategies into one (1) draft presentation and one (1) final deliverable highlighting key takeaways. Future Task: Implementation Kosmont will be available to implement above economic development strategies as directed by the City, which may include outreach to local stakeholders / property owners, outreach to businesses / developers / brokers for business attraction, and marketing of opportunity sites.
ATTACHMENT A
Kosmont Companies
2024 Public Agency Fee Schedule
Professional Services
President $395.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $370.00/hour Vice President/Project Advisor $250.00/hour
Senior Project Analyst $195.00/hour
Project Analyst/Project Research $175.00/hour
Assistant Project Analyst/Assistant Project Manager $150.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 80.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost.
3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost.
4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs.
5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City
Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
• Charges for Court/Deposition/Expert Witness-Related Appearances Courtrelated (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.
Rates shall remain in effect until December 31, 2024.
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 2301 Rosecrans Ave, Ste. 4140 Manhattan Beach, CA 90266 www.kosmont.com El Segundo, CA 90245 October 30, 2024
Will Kolbow
City Manager
City of Calimesa
908 Park Avenue
Calimesa, CA 92320
Re: Proposal for Economic Development Advisory Services Dear Mr. Kolbow:
Kosmont & Associates, Inc. doing business as Kosmont Companies (“Consultant” or “Kosmont”) is pleased to present this proposal to the City of Calimesa (“Client” or “City”) for economic development advisory services associated with an evaluation of the City’s commercial needs and opportunity sites for future redevelopment.
This proposal serves as an Agreement when executed and returned by Client to Kosmont.
I. BACKGROUND AND OBJECTIVE
The City seeks Kosmont’s expertise to evaluate the Calimesa market and assess the City’s local and regional commercial needs. Additionally, the City is seeking an assessment of options/approaches for the redevelopment of opportunity sites that would promote economic development for the City. To complete this assignment, Kosmont will provide a high-level market assessment and site evaluation to inform near-term economic development strategies.
II. SCOPE OF SERVICES
Approach to Tasks: The prospective assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature. Kosmont will be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject by. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.
Task 1: Project Orientation / Kickoff
To initiate the assignment, Kosmont will participate in a kick-off meeting and tour with City staff to establish communication protocols, review scope / schedule, budget and request relevant past materials / documents (i.e., economic development studies, vision statements, zoning, and prior analyses). Kosmont will work with City staff to go over key drivers and expectations in preparation for the Market Assessment and Site Evaluation tasks to follow.
Attachment 9B
City of Calimesa
Economic Development Advisory Services
October 30, 2024
Kosmont Companies 2 | P a g e
(424) 297-1070
www.kosmont.com
Task 2: Market Assessment
Kosmont will conduct a high-level analysis of local property-market trends affecting the City.
Kosmont will utilize local real estate market information from local brokers, as necessary, and data sources such as ESRI / CoStar / Placer.ai mobile analytics / Census data / tax records (based on availability of data and recognizing certain confidentiality). This data is important to understand what specific uses would be supported by the City’s demographic profile, as well as assess appropriateness of uses in the City for the purposes of catalyzing revitalization among specific opportunity sites.
Market trends, such as retail sales per square foot, sales tax revenue, retail inventory, vacancy and lease rates, absorption rates, and other relevant real estate data for major land uses in the City will be evaluated. Kosmont may gather historical absorption rates, rent, vacancy rates, new construction pipeline data, and sales value market data for various uses to quantify the City’s growth or decline over time, as appropriate. The following real estate uses will be evaluated:
• Retail / Entertainment
• Multi-Family / Blended-Use
• Industrial
Task 3: Opportunity Site Evaluation
Kosmont will analyze land use strategies for identified opportunity sites in collaboration with the City. Kosmont will consider development/economic trends, locational factors, and surrounding land uses as they relate to the potential opportunities and constraints of the opportunity sites.
Task 4: Deliverable and Presentation
Kosmont will prepare an executive summary of market assessment findings for staff review.
Kosmont will make a presentation to summarize its findings to an appropriate committee / City Council as directed agreed upon by City and Consultant.
Deliverable: Kosmont will summarize recommendations and strategies into one (1) draft presentation and one (1) final deliverable highlighting key takeaways.
Future Task: Implementation
Kosmont will be available to implement above economic development strategies as directed by the City, which may include outreach to local stakeholders / property owners, outreach to businesses / developers / brokers for business attraction, and marketing of opportunity sites.
III. SCHEDULE AND REQUIRED DATA
Consultant is prepared to commence work upon receipt of executed Agreement. Client will provide Consultant with relevant existing project data including property specific data, market data, and/or other relevant data deemed appropriate by Kosmont.
City of Calimesa
Economic Development Advisory Services
October 30, 2024
Kosmont Companies 3 | P a g e
(424) 297-1070
www.kosmont.com
IV. COMPENSATION
Compensation for Tasks 1 through 4 is estimated at $25,000 for professional services (hourly) fees at Consultant’s billing rates as shown on Attachment A. Future increases in budget will require approval by Client in advance. Budget may be increased by Client at any time.
Consultant anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis.
Consultant’s attendance or participation at any publicly noticed meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other), as requested by Client is in addition to compensation for Tasks 1 through 4 and will be billed at the professional services (hourly) fees as shown on Attachment A.
Services will be invoiced monthly at Consultant’s standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for outof-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client’s prior approval and that mileage shall be reimbursed at the current IRS mileage reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out-of-area travel, if any, requires advance funding of flights and hotel accommodations.
Consultant will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant’s monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum.
For the convenience of Kosmont’s clients, we offer a secure credit card payment service. The credit card payment link is: https://kosmont.paidyet.com and there are two ways to make a secure credit card payment:
1. Fill in the “Make a Payment” form when you go to the link (https://kosmont.paidyet.com), or
2. Call Kosmont Companies’ accounting desk (424) 297-1072 to make a credit card payment Consultant is prepared to commence work upon receipt of executed Agreement.
DISCLOSURE: Compensation for possible future transaction-based services or brokerage services.
The following is being provided solely as an advance disclosure of possible real estate brokerage and finance services and potential compensation for such services. This disclosure is not intended to commit the Client.
When assignments involve real estate/property brokerage services, such transaction-based services are typically provided by Kosmont Real Estate Services, Inc. dba Kosmont Realty (“KR”)
City of Calimesa
Economic Development Advisory Services
October 30, 2024
Kosmont Companies 4 | P a g e
(424) 297-1070
www.kosmont.com
is licensed by the State of California Department of Real Estate (License# 02058445).
Compensation to KR is typically paid through commissions for property sale transactions, lease transactions and success/broker fees. KR also provides Broker Opinions of Value (“BOV”) services on a fixed fee basis.
When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Financial Services (KFS). KFS is an independent Registered Municipal Advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board.
SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators.
V. OTHER PROVISIONS
A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full.
B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled by arbitration at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California Code of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge.
The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such party in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final and non-appealable and may be entered in any court having jurisdiction.
C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered.
D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement.
City of Calimesa
Economic Development Advisory Services
October 30, 2024
Kosmont Companies 5 | P a g e
(424) 297-1070
www.kosmont.com
E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement.
F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party.
G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement.
I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law.
J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph.
K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein.
L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement.
M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law.
City of Calimesa
Economic Development Advisory Services
October 30, 2024
Kosmont Companies 6 | P a g e
(424) 297-1070
www.kosmont.com
N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature.
O. Disclaimer. Consultant’s financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client’s reliance on Consultant’s analysis must consider the foregoing.
Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client’s understanding and by execution of this Agreement, acknowledgement that Consultant’s services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant.
Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement.
P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client.
Q. Force Majeure. Consultant shall not be liable for failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by significant circumstances beyond its reasonable control, including, without limitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; wide-spread power failures and wide-spread internet failure. Contractual performance and deadline(s) shall be extended for a period equal to the time lost by reason of the delay.
R. Expiration of Proposal for Services. If this Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire.
S. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice.
City of Calimesa
Economic Development Advisory Services
October 30, 2024
Kosmont Companies 7 | P a g e
(424) 297-1070
www.kosmont.com
[ signature page follows ]
City of Calimesa
Economic Development Advisory Services
October 30, 2024
Kosmont Companies 8 | P a g e
(424) 297-1070
www.kosmont.com
VI. ACCEPTANCE AND AUTHORIZATION
If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Companies. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement.
Read, understood, and agreed to this
____ Day of _______________ 2024
City of Calimesa Kosmont & Associates, Inc.
doing business as “Kosmont Companies”
By: _________________________ By: _________________________ (Signature) (Signature)
Name: Name: Ken K. Hira
(Print Name)
Its: Its: President
(Title)
City of Calimesa
Economic Development Advisory Services
October 30, 2024
Kosmont Companies 9 | P a g e
(424) 297-1070
www.kosmont.com
ATTACHMENT A
Kosmont Companies
2024 Public Agency Fee Schedule
Professional Services
President $395.00/hour
Sr. Vice President/Sr. Advisor/Sr. Managing Director $370.00/hour Vice President/Project Advisor $250.00/hour
Senior Project Analyst $195.00/hour
Project Analyst/Project Research $175.00/hour
Assistant Project Analyst/Assistant Project Manager $150.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 80.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
• Charges for Court/Deposition/Expert Witness-Related Appearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.
Rates shall remain in effect until December 31, 2024.
RESOLUTION 2024-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, AMENDING THE FY 2024-25 BUDGET
TO INCLUDE AN ADJUSTMENT IN THE CITY MANAGER
PROFESSIONAL SERVICES ACCOUNT IN THE GENERAL FUND
WHEREAS, the City Council identified a strategic goal of improving its business recruitment; and
WHEREAS, the need to obtain marketplace data and information is critical to the City’s business recruitment efforts; and
WHEREAS, Kosmont and Associates has provided successful economic development strategies and services to many clients in California; and WHEREAS, the need for market data and information is critical to imminent land use decisions and, therefore, cannot wait until the next budget cycle.
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 01-1200-7210 by $25,000.
PASSED, APPROVED, and ADOPTED this 16th day of December 2024. _____________________________________
LINDA MOLINA, MAYOR
ATTEST:
_________________________________
DARLENE GERDES, CITY CLERK
Attachment 9C
City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM
AGREEMENT AMENDMENT 2 TO REIMBURSE TUMF FUNDS FOR I10/SINGLETON ROAD INTERCHANGE PROJECT MEETING DATE: December 16, 2024
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: It is recommended that the City Council authorize the Mayor to execute the Transportation Uniform Mitigation Fee Program Agreement Amendment 2 to reimburse TUMF Funds for I-10/Singleton Road Interchange Project.
BACKGROUND: Interstate 10 (I-10) and all the Calimesa freeway interchanges were constructed during the 1960's. Only a portion of the Singleton Road/I-10 interchange was completed. Although a fully operational interchange was planned, only a partial interchange was constructed (i.e., westbound offramp and eastbound onramp), resulting in the interchange being operationally deficient since its opening. Furthermore, since the original construction was completed, Caltrans has not built any improvements to this interchange. The City incorporated in 1990 and, therefore, inherited the operationally deficient interchange at Singleton Road.
On November 1, 2021, Council approved a TUMF Agreement allocating $2 million from Western Riverside Council of Governments (WRCOG) toward project construction. On May 6, 2024, Council approved Amendment No. 1, redefining the scope of work (redefined project is estimated at $13 million), increasing the Agreement amount to $5 million and redistributing funds for PA&ED, PS&E, and right-of-way. In April 2024, WRCOG Executive Board approved Amendment No. 1.
During the WRCOG Zone Budget process, Staff requested that WRCOG increase the project budget to $8 million as shown below:
PA&ED $300,000
PS&E $600,000
R/W $2,100,000
Construction $5,000,000
Total $8,000,000
WRCOG Pass Zone TUMF ’24–’25 budget was approved and includes $8 million for the project.
Staff has also requested a $5 million congressional earmark to fully fund the project. The earmark is pending congressional approval.
Staff requests that Council authorize the Mayor to execute the Agreement Amendment No. 2.
FISCAL IMPACT: The project will be fully funded with WRCOG TUMF and Federal funds.
ATTACHMENTS:
Attachment A: Agreement Amendment No. 2
20-PS-CAL-1208
AMENDMENT NO. 2 TO TRANSPORTATION UNIFORM MITIGATION FEE
PROGRAM AGREEMENT TO REIMBURSE TUMF FUNDS
I-10/SINGLETON ROAD INTERCHANGE PROJECT
This Amendment No. 2 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 2”) is entered into this ______ day of _______________, 2024, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and CITY OF CALIMESA (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “PARTY” and collectively as “PARTIES.”
RECITALS
A. WHEREAS, WRCOG and the AGENCY have entered into an agreement titled “Transportation Uniform Mitigation Fee Program Agreement to Reimburse TUMF Funds” that is dated November 2, 2021 (“AGREEMENT”) and executed Amendment No. 1 dated May 21, 2024 (“Amendment No. 1”). The AGREEMENT and AMENDMENT NO. 1 provides the terms and conditions, scope of work, schedule and funding amount for each phase of the I10/SINGLETON ROAD INTERCHANGE PROJECT (hereinafter the “PROJECT”), B. WHEREAS, WRCOG and Pass Zone Members approved the FY’24-’25 Pass Zone 5-Year Transportation Improvement Program (TIP) designating $8 million for the PROJECT, $5 million for FY’24-’25 and $3 million for FY’25-’26.
C. WHEREAS, the AGENCY desires to amend the AGREEMENT to add the ’25- ’26 construction funding amounts, and
D. WHEREAS, pursuant to Section 33 of the AGREEMENT, the PARTIES mutually agree to amend the AGREEMENT.
Attachment 10A
20-PS-CAL-1208
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the PARTIES hereby agree as follows:
1. The Funding Amount contained in Section 2 of the AGREEMENT, as previously amended, is hereby increased by three million dollars ($3,000,000) from five million dollars ($5,000,000) to an amount not to exceed eight million dollars ($8,000,000).
2. The foregoing increase in the Funding Amount is within the Maximum TUMF Share.
3. Exhibits “A”, “A-1”, and “A-2” of the AGREEMENT are hereby replaced in their entirety by Exhibits “A”, “A-1”, and “A-2” of this AMENDMENT NO. 2, which are attached hereto and incorporated by reference.
4. The AGENCY desires to receive reimbursement for amounts to be expended and will continue to invoiced in accordance with the AGREEMENT, as amended.
5. The above-stated Recitals are hereby fully incorporated into this AMENDMENT NO. 2.
6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the AGREEMENT shall remain in full force and effect between the PARTIES hereto.
20-PS-CAL-1208
IN WITNESS WHEREOF, the PARTIES have caused this AMENDMENT NO. 2 to be executed by their duly authorized representatives to be effective on the day and year first written above.
WESTERN RIVERSIDE COUNCIL CITY OF CALIMESA
OF GOVERNMENTS
By: ______________________________ By: ______________________________ Dr. Kurt Wilson, Executive Director William Davis, Mayor Approved to Form: Approved to Form:
By: ______________________________ By: ______________________________ Steven C. DeBaun Quinn Borrow
General Counsel City Attorney
Attest:
By: ______________________________
Darlene Gerdes,
City Clerk
20-PS-CAL-1208
Exhibit A
SCOPE OF SERVICES
1. SCOPE OF WORK: The AGENCY, in coordination with Caltrans, proposes to complete a partial interchange at Interstate 10/Singleton Road Interchange to improve traffic circulation and provide traffic congestion relief. The project proposes to add westbound entrance ramp and an eastbound exit ramp to complete the interchange. The project includes installation of traffic signals, right turn lanes, drainage system improvements, and retaining walls. Funds will be used for PA&ED, PS&E, Right-of-Way, and Construction.
20-PS-CAL-1208
EXHIBIT “A-1”
ESTIMATE OF COST
Phase TUMF LOCAL TOTAL
PA&ED $300,000 $0 $300,000
PS&E $600,000 $0 $600,000
RIGHT OF WAY $2,100,000 $0 $2,100,000
CONSTRUCTION $5,000,000 $5,000,000 $10,000,000
TOTAL $8,000,000 $5,000,000 $13,000,000
20-PS-CAL-1208
EXHIBIT “A-2”
PROJECT SCHEDULE
TIMETABLE:
Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED Jul ‘25 $300,000
PS&E Oct ‘25 $600,000
RIGHT OF WAY Apr ‘25 $2,100,000
CONSTRUCTION Mar ‘26 $10,000,000
TOTAL $13,000,000
City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE 406, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, AMENDING THE CALIMESA
MUNICIPAL CODE CHAPTER 8.45 REGULATING FIREWORKS;
AND
SECOND READING AND ADOPTION OF ORDINANCE 407, AN
ORDINANCE OF THE CITY COUNCIL 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
MEETING DATE: December 16, 2024
PREPARED BY: Geraldo Rodriguez, Deputy Fire Marshal, Battalion Chief RECOMMENDATION: The City Council:
1. Conduct second reading by title only and adopt Ordinance 406, An Ordinance of the City Council of the City of Calimesa, California, Amending the Calimesa Municipal Code Chapter
8.45 Regulating Fireworks.
2. Conduct second reading by title only and adopt Ordinance 407, An Ordinance of the City Council 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 Council adopted in its entirety the first reading of Ordinance 406, An Ordinance of the City Council of the City of Calimesa, California, Amending the Calimesa Municipal Code Chapter 8.45 Regulating Fireworks at the December 2nd City Council meeting.
The City Council adopted, with requested amendments, the first reading of Ordinance 407, An Ordinance of the City Council 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 at the December 2nd City Council meeting.
DISCUSSION: The requested amendments to Ordinance 407 included correcting the numbering sequence within the ordinance document and researching the discrepancy between the setback requirement of fifteen (15) feet or fifty (50) feet for barbecue grills and barbecue pits.
The ordinance’s numbering sequence was revised to be in sequential order. The setback requirements for barbecue grills and pits were determined to be fifteen (15) feet from any structure.
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 406
Attachment B: Ordinance 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 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.
Attachment 11A
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: Cervantez, Davis, Hewitt, Manly and Molina
NOES: None
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED this 16th day of December 2024 upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA MOLINA, 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
Attachment 11B
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.
307.3 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.
307.4 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.
307.5 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.
307.6 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 (15) 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.
307.7 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: Cervantez, Davis, Hewitt, Manly and Molina
NOES: None
ABSENT: None
ABSTAIN: None
PASSED, APPROVED AND ADOPTED this 16th day of December, 2024 upon the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
LINDA MOLINA, MAYOR
ATTEST:
_____________________________________
DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
_____________________________________
QUINN BARROW, CITY ATTORNEY
City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: CITY COMMISSION APPOINTMENTS
MEETING DATE: December 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION:
1. That Mayor Molina, Council Member Cundieff and Council Member Garcia each appoint one member to the Library Commission and that the City Council ratify the appointments by a majority vote and adopt Resolution No. 2024-69 providing for appointments made.
2. That Mayor Molina, Council Member Cundieff and Council Member Garcia each appoint one member to the Parks Trails & Community Services Commission and that the City Council ratify the appointments by a majority vote and adopt Resolution No. 2024-70 providing for appointments made.
3. That Mayor Molina, Council Member Cundieff and Council Member Garcia each appoint one member to the Planning Commission and that the City Council ratify the appointments by a majority vote and adopt Resolution No. 2024-71 providing for appointments made.
SUMMARY: Calimesa Municipal Code Chapter 2.20 provides for the regulations and processes of City established Commissions and Boards. Chapter 2.25 established the Parks, Trails & Community Services Commission, Chapter 2.30 established the Library Commission and Chapter 2.45 established the Planning Commission. The codes are provided in attachment G for review to capture a better understanding of each of the City’s Commissions, their duties and responsibilities.
Vacancies exist on the Library Commission, Parks Trails & Community Services Commission, Planning Commission and Mobile Home Rent Stabilization Board. The notice of vacancies was posted and published, and a total of 11 applications were received.
The Library Commission has 3 vacancies, 2 applications were received. The Parks Trails & Community Services Commission has 3 vacancies, 2 applications have been received. The Planning Commission has 3 vacancies, 6 applications were received.
The Mobile Home Rent Stabilization Board has 7 vacancies, 5 member and 2 alternate members, 4 applications have been received for the vacancy of the Mobile Home Park Resident Representative, however no applications have been received for any of the other positions on the Mobile Home Rent Stabilization Board. Therefore, staff is not requesting any appointments be made until applications are received for the other vacant member positions. Staff will continue to post the vacancies for consideration of appointments at a later date.
Certainly, appointments this evening can be deferred to a later date if Council is not ready to make an appointment. Staff will continue to post the vacancies and forward applications to Council upon receipt in the City Clerk’s Office.
LIBRARY COMMISSION
Three (3) vacancies exist and shall be made by Mayor Molina, Council Member Cundieff and Council Member Garcia and appointee’s terms will coincide with the respective Council Member positions. Applications for Library Commission were received by Terrie Andrews and Deborah Zylman. Both applicants have been serving on the Commission for a number of years and have submitted their applications for reconsideration to serve.
PARKS TRAILS & COMMUNITY SERVICES COMMISSION
Three (3) vacancies exist, and three (3) appointments shall be made, one each by Mayor Molina, Council Member Cundieff and Council Member Garcia and appointee’s terms will coincide with the respective Council Member positions. Applications for Parks, Trails & Community Services Commission were received by Ronna Roberson-Smith, Howard Reeves and Donna Johnson.
Howard Reeves and Ronna Roberson-Smith have been serving on the Commission and have submitted their applications for reconsideration to serve.
PLANNING COMMISSION
Three (3) vacancies exist and shall be made by Mayor Molina, Council Member Cundieff and Council Member Garcia and appointee’s terms will coincide with the respective Council Member positions. Applications for Planning Commission were received by Mike Barron, Michael Newcombe, Donna Johnson, Jennifer Taylor, Christine Van Hyning and David Zaitz. Mike Barron and Christine Van Hyning have been serving on the Commission for a number of years and have submitted their applications for reconsideration to serve.
MOBILE HOME RENT STABILIZATION BOARD
Appointments to the Mobile Home Rent Stabilization Board are made by the Mayor with the consent of Council. Seven (7) vacancies exist on the Mobile Home Rent Stabilization Board as follows:
5 Member Vacancies:
1 Mobile Home Park Owner Representative
1 Mobile Home Park Resident Representative
1 Citizen-At-Large - 1-year term
1 Citizen-At-Large – 2-year term
1 Citizen-At-Large – 3-year term
2 Alternate Member vacancies:
1 Mobile Home Park Owner Representative Alternate
1 Mobile Home Park Resident Representative Alternate
4 Applications have been received for the Mobile Home Rent Stabilization Board for the Mobile Home Park Resident Representative. However, staff is not recommending appointments until applications for all 5 member vacancies are received. Staff will continue to post the vacancies for consideration of appointments at a later date.
ATTACHMENTS:
Attachment A: Resolution No. 2024-69
Attachment B: Resolution No. 2024-70
Attachment C: Resolution No. 2024-71
Attachment D: Citizen Service Applications submitted for Library Commission Attachment E: Citizen Service Applications submitted for Parks, Trails & Community Services Attachment F: Citizen Service Applications submitted for Planning Commission Attachment G: Calimesa Municipal Code Sections regarding City Commissions Attachment H : Commission Rules of Procedure – Resolution No. 2023-19
RESOLUTION NO. 2024-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, PROVIDING FOR APPOINTMENTS TO
THE LIBRARY COMMISSION.
WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.
WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.
WHEREAS, Chapter 2.30.010 of the Calimesa Municipal Code requires that the Library Commission shall consist of five (5) members and be appointed as follows:
Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Library Commissioner shall serve at the pleasure of the City Council. Appointments to the Library Commission shall be ratified by a majority vote of the City Council.
WHEREAS, Mayor Molina appoints ___________________to the Library Commission, for a term to expire December 2028.
WHEREAS, Council Member Cundieff appoints _______________to the Library Commission, for a term to expire December 2028.
WHEREAS, Council Member Garcia appoints _______________to the Library Commission, for a term to expire December 2028.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREB Y RESOLVE AS FOLLOWS:
The City Council ratifies Mayor Molina’s appointment of ___________________________to the Library Commission.
The City Council ratifies Council Member Cundieff’s appointment of ___________________________ to the Library Commission.
The City Council ratifies Council Member Garcia’s appointment of ___________________________ to the Library Commission.
Attachment 12A
PASSED, APPROVED AND ADOPTED this 16th day of December 2024. ________________________________
LINDA MOLINA, MAYOR
ATTEST:
_____________________________________
DARLENE GERDES, CITY CLERK
RESOLUTION NO. 2024-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, PROVIDING FOR AN APPOINTMENT TO
THE PARKS, TRAILS AND COMMUNITY SERVICES COMMISSION.
WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.
WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.
WHEREAS, Chapter 2.25.010 of the Calimesa Municipal Code requires that the Parks, Trails and Community Services Commission shall consist of five (5) members and be appointed as follows: Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Parks, Trails and Community Services Commissioner shall serve at the pleasure of the City Council. Appointments to the Parks, Trails and Community Services Commission shall be ratified by a majority vote of the City Council.
WHEREAS, Mayor Molina appoints ___________________to the Parks, Trails and Community Services Commission, for a term to expire December 2028.
WHEREAS, Council Member Cundieff appoints ______________________to the Parks, Trails and Community Services Commission, for a term to expire December 2028.
WHEREAS, Council Member Garcia appoints _________________________ to the Parks, Trails and Community Services Commission, for a term to expire December 2028.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREB Y RESOLVE AS FOLLOWS:
The City Council ratifies Mayor Molina’s appointment of ___________________________to the Parks, Trails and Community Services Commission.
The City Council ratifies Council Member Cundieff’s appointment of ____________________________ to the Parks, Trails and Community Services Commission.
Attachment 12B
The City Council ratifies Council Member Garcia’s appointment of __________________________to the Parks, Trails and Community Services Commission.
PASSED, APPROVED AND ADOPTED this 16th day of December 2024. ________________________________
LINDA MOLINA, MAYOR
ATTEST:
_____________________________________
DARLENE GERDES, CITY CLERK
RESOLUTION NO. 2024-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, PROVIDING FOR APPOINTMENTS TO
THE PLANNING COMMISSION.
WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.
WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.
WHEREAS, Chapter 2.45.020 of the Calimesa Municipal Code requires that the Planning Commission shall consist of five (5) members and be appointed as follows: Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Planning Commissioner shall serve at the pleasure of the City Council. Appointments to the Planning Commission shall be ratified by a majority vote of the City Council.
WHEREAS, Mayor Molina appoints __________________________to the Planning Commission, for a term to expire December 2028.
WHEREAS, Council Member Cundieff appoints ________________________to the Planning Commission, for a term to expire December 2028.
WHEREAS, Council Member Garcia appoints _____________________________to the Planning Commission, for a term to expire December 2028.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREB Y RESOLVE AS FOLLOWS:
The City Council ratifies Mayor Molina’s appointment of _________________________to the Planning Commission.
The City Council ratifies Council Member Cundieff’s appointment of ______________________________to the Planning Commission.
The City Council ratifies Council Member Garcia’s appointment of _____________________________to the Planning Commission.
Attachment 12C
PASSED, APPROVED AND ADOPTED this 16th day of December 2024. ________________________________
LINDA MOLINA, MAYOR
ATTEST:
_____________________________________
DARLENE GERDES, CITY CLERK
Attachment 12D
Attachment 12E
Attachment 12F
Attachment 12G
Attachment 12H
City Council Meeting
Agenda Report
Agenda Item No. 13
SUBJECT: CITY COUNCIL REGIONAL ORGANIZATION APPOINTMENTS MEETING DATE: December 16, 2024
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council review the Council Regional Organization Assignments list and that the Mayor determine and assign the 2025 representatives.
BACKGROUND: Annually the City Council reorganizes and selects the Mayor and Mayor Pro Tem as presiding officers of the City Council. This is followed by an annual review of current memberships on various regional organizations, and adjustments are made as appropriate.
Further, at the October 1, 2012 City Council Meeting, Resolution No. 2012-35 was adopted, which provides for a public official to participate in a decision to appoint him or herself to a compensated position. California Code of Regulation, Title 2 Section 18705.5 requires a Form 806 be adopted by the public agency and posted on its website.
With the adoption of Resolution No. 2012-35, Form 806, was adopted, which identifies all the current paid appointments. The adopted Form 806 is posted on the City’s website, and we are therefore in compliance with California Code of Regulation Title 2 Section 18705.5.
Form 806 will need to be updated from time to time to reflect current Council appointments.
Therefore, if any changes are made this evening to Council appointments, staff will update Form 806 and post the updated Form to the City’s website.
Attached for your convenience is the list of last year’s City Council appointments. The list of current appointments was last updated in June 2023. There were no changes made to the appointments in 2024. City Manager Kolbow has requested an additional ad-hoc be created for Summerwind Ranch Specific Plan. Also, for a future discussion there is the possibility of a pass area transportation committee. More information will come at a later date. Appointments by the Mayor to the following are requested:
REGIONAL ORGANIZATIONS
RCA – Riverside Conservation Authority – one member and one alternate RCTC – Riverside County Transportation Committee – one member and one alternate RTA – Riverside Transit Agency – one member and one alternate Transportation Now (Riverside Transit Agency) should be the same member and alternate as RTA WRCOG Executive Committee – one member and one alternate TUMF Zone Committee(WRCOG) should be the same member and alternate as WRCOG
COUNCIL AD-HOC COMMITTEES (2 members each)
Yucaipa/Calimesa Joint Ad-hoc Committee
Budget/Finance Standing Committee
Fire Ad-hoc Committee
San Gorgonio Pass Regional Water Alliance
Parks and Recreation Ad-hoc Committee
Sheriff Services Ad-hoc Committee
Mesa Verde SP Ad-hoc Committee
Summerwind Ranch SP Ad-hoc Committee
ATTACHMENT:
Attachment A: 2023 City Council Appointments Listing
Attachment B: Resolution No. 2012-35
City Council Committee Assignments &
Appointments to Regional Organizations
Pursuant to the December 19, 2022 City Council Review & updated June 19, 2023 REGIONAL ORGANIZATION APPOINTMENTS:
RCA – Riverside Conservation Authority – 1
st Monday each month 12:30 p.m.
Council Member Cervantez
Council Member Manly, Alternate
RCTC – Riverside County Transportation Committee – 2
nd Wednesday each month 9:00 a.m.
Council Member Molina
Mayor Pro Tem Hewitt, Alternate
RTA – Riverside Transit Agency – 4
th Thursday each month 2:00 p.m.
Council Member Molina
Council Member Manly, Alternate
Transportation Now (Riverside Transit Agency) – 1
st Thursday each month 12:00 noon
Council Member Molina
Council Member Manly, Alternate
TUMF Zone Committee – Once a year – time and place to be determined Mayor Pro Tem Hewitt
Council Member Cervantez, Alternate
WRCOG Executive Committee – 1
st Monday each month 2:00 p.m.
Mayor Pro Tem Hewitt
Council Member Cervantez, Alternate
COUNCIL AD-HOC COMMITTEES:
Yucaipa/Calimesa Joint Ad-hoc Committee: Budget/Finance Standing Committee:
Mayor Davis and Mayor Pro Tem Hewitt Mayor Davis and Council Member Cervantez Council Member Cervantez (Alternate) Mayor Pro Tem Hewitt (Alternate) Fire Ad-hoc Committee: San Gorgonio Pass Regional Water Alliance:
Mayor Davis and Council Member Cervantez Council Member Manly Parks and Recreation Ad-hoc Committee: Mesa Verde SP Ad-hoc Committee:
Council Member Manly and Council Member Cervantez Mayor Davis and Mayor Pro Tem Hewitt Sheriff Services Ad-hoc Committee:
Council Member Manly and Mayor Pro Tem Hewitt
THE APPOINTMENTS MADE BY THE MAYOR FOR ALL REGIONAL ORGANIZATIONS AND COMMITTEES WERE APPROVED BY THE FOLLOWING MOTION 12/19/2022: MOTION BY MAYOR PRO TEM HEWITT, SECONDED BY COUNCIL MEMBER MANLY, CARRIED 4- 0(COUNCIL MEMBER CERVANTEZ WAS ABSENT) TO APPROVE THE APPOINTMENTS AS MADE BY MAYOR DAVIS AT THE DECEMBER 19, 2022 CITY COUNCIL MEETING.
MOTION BY MAYOR DAVIS, SECONDED BY COUNCIL MEMBER MOLINA, CARRIED 4-0(COUNCIL MEMBER CERVANTEZ WAS ABSENT) ON JUNE 19, 2023 TO APPROVE THE ESTABLISHMENT OF A SHERIFF SERVICES AD-HOC COMMITTEE AND APPOINT MAYOR PRO TEM HEWITT AND COUNCIL MEMBER MANLY AS ITS MEMBERS.
Attachment 13A
Attachment 13B
CURRENT 806 LISTING FOR 2024