Calimesa City Council
April 21, 2025

Regular Meeting of the Calimesa City Council
Monday, April 21, 2025

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

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

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

PLEDGE OF ALLEGIANCE

COMMUNICATIONS FROM THE PUBLIC
Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting.

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

RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, April 21, 2025 – 6:00 p.m.

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

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

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

Regular Meeting of the Calimesa City Council
Monday, April 21, 2025

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

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of April 7, 2025 regular meeting.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of March 4, 2025.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $256,276.92 (Check Nos.43388-433451) b) April 10, 2025 Payroll of $121,724.98

4. COUNCIL TRAVEL EXPENSES.

RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through March 31, 2025.

5. TREASURER’S REPORT FOR THE MONTH ENDED FEBRUARY 28, 2025.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended February 28, 2025.

6. SOCIAL MEDIA POLICY.

RECOMMENDATION: That the City Council adopt Resolution 2025-11, A Resolution of the City Council of the City of Calimesa Regarding the Use of Social Media by the City and City Officials, Officers, and Employees.

7. COUNCIL APPROVAL OF AN AGREEMENT WITH CIVICPLUS, LLC FOR AGENDA AND

MEETING MANAGEMENT SOFTWARE WITH AN ALLOCATION OF FUNDS FROM THE FISCAL YEAR 2024-2025 BUDGET FOR THE PURCHASE THEREOF.

RECOMMENDATION: That the City Council:
a) Approve the Software Service Agreement between the City of Calimesa and CivicPlus, LLC and authorize the City Manager to execute the agreement with CivicPlus for agenda and meeting management software services in substantially the same form as presented and in a final form approved by the City Attorney.
b) Adopt Resolution No. 2025-12, a Resolution of the City Council of the City of Calimesa amending the FY 2024-25 Budget to include an additional appropriation to the Information Technology Fund for the purchase of CivicPlus Agenda Management Software. 8 ADOPTION OF RESOLUTION NO. 2025-13 APPROVING A CPI RATE INCREASE BY CR&R, INCORPORATED EFFECTIVE JULY 1, 2025.

RECOMMENDATION: That the City Council adopt Resolution No. 2025-13, A Resolution of the City Council of the City of Calimesa, California, Approving a CPI rate increase by CR&R, Incorporated effective July 1, 2025.

9. APPROVAL OF JOB DESCRIPTIONS OF SR. PERMIT TECHNICIAN AND SR. CODE ENFORCEMENT OFFICER AND UPDATE TO AUTHORIZED POSITION LIST.

RECOMMENDATION: That the City Council adopt Resolution 2025-14, a Resolution of the City Council of the City of Calimesa, California adopting the job descriptions of Sr. Permit Technician and Sr. Code Enforcement Officer and revising the Authorized Position List for Fiscal Year 2024- 25 to fund the positions of Public Works Director and Sr. Permit Technician.

Regular Meeting of the Calimesa City Council
Monday, April 21, 2025

CALIMESA CHAMBER OF COMMERCE REPORT

BUSINESS ITEMS

10. SCHEDULING OF BUDGET WORKSHOP, SUMMER MEETINGS OF THE CITY COUNCIL

AND CONSIDERATION OF THE POSSIBLE CLOSURE OF CITY HALL DURING THE CHRISTMAS AND NEW YEAR’S HOLIDAYS.

RECOMMENDATION: That the City Council:

1. Schedule the 2025/2026 Fiscal Year Budget Study Session for May 19, 2025 at 3:00 p.m.

3. Provide direction to staff pertaining to the 2025 summer meeting schedule.

4. Consider the closure options of City Hall for the Christmas and New Year’s Holiday.

5. Approve the cancellation of the January 5, 2026 Regular City Council meeting

11. LETTERS OF SUPPORT & OPPOSITION FOR VARIOUS STATE LEGISLATIVE BILLS.

RECOMMENDATION: That the City Council:

1. Approve a Letter of Opposition to Senate Bill 79 (Wiener) to be signed by the Mayor on behalf of the City Council.

2. Approve a Letter of Opposition to Senate Bill 634 (Pérez) to be signed by the Mayor on behalf of the City Council.

3. Approve a Letter of Support for Assembly Bill 650 (Papan) to be signed by the Mayor on behalf of the City Council.

4. Approve a Letter of Support for Assembly Bill 1476 (Wallis) to be signed by the Mayor on behalf of the City Council.

12. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 410, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA AMENDING SECTIONS 9.05.030,

9.05.040, 9.05.050, 9.05.090, 9.05.100, 9.05.110, 9.05.120, 9.05.140 AND 9.05.180 OF THE

CALIMESA MUNICIPAL CODE RELATED TO THE MOBILE HOME PARK RENT

STABILIZATION PROGRAM PERTAINING TO THE IMPLEMENTATION OF A HEARING OFFICER PROCESS AND REPEAL OF THE MOBILE HOME RENT STABILIZATION BOARD.

RECOMMENDATION: That the City Council adopt first reading, by title only, Ordinance No. 410,

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA AMENDING SECTIONS 9.05.030, 9.05.040, 9.05.050, 9.05.090, 9.05.100, 9.05.110, 9.05.120, 9.05.140 AND

9.05.180 OF THE CALIMESA MUNICIPAL CODE RELATED TO THE MOBILE HOME PARK RENT

STABILIZATION PROGRAM PERTAINING TO THE IMPLEMENTATION OF A HEARING OFFICER PROCESS AND REPEAL OF THE MOBILE HOME RENT STABILIZATION BOARD.

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

CITY MANAGER COMMENTS & REPORTS

Regular Meeting of the Calimesa City Council
Monday, April 21, 2025

CLOSED SESSION ITEMS
A. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6. City Negotiator: Will Kolbow, City Manager and Darlene Gerdes, Deputy City Manager/City Clerk/Human Resources. Represented Employees: Calimesa Professional Firefighters Association.

ADJOURNMENT
Adjourn to the regular meeting of the City Council on Monday, May 5, 2025 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: April 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council meeting of April 7, 2025.

ATTACHMENTS:

Attachment A: City Council action minutes of April 7, 2025 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: April 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Library Commission regular meeting of March 4, 2025.

ATTACHMENTS:

Attachment A: Library Commission action minutes of March 4, 2025

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: April 21, 2025
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $256,276.92 (Check Nos.43388-43451) b) April 10, 2025 Payroll of $121,724.98

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

EXPENSES
MEETING DATE: April 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through March 31, 2025.

ATTACHMENTS:

Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through March 31, 2025.

FISCAL YEAR 2024-25

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

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
11/20/20204Mayor/Council Academy - Cundieff $ 675.00 8-Jul Cal Cities Riverside Division Mtg $ 60.00 1/29-2/1 Conference Hotel 1-29-2-1-2025 $ 542.61 19-Sep Beaumont State of the City $ 75.00 3/10/2025 LOCC Riverside Division Mtg $ 60.00 10-Sep Calimesa Chamber Breakfast $ 30.00 9-Oct Banning SOTC $ 90.00
8-Oct Calimesa Chamber Breakfast $ 25.00
14-Nov LOCC Riverside Division $ 60.00
12/5/2024 Pass EDA City Manager Forum $ 25.00
1/13/2025 LOCC Riverside Division Mtg $ 60.00
1/29 -2/1 mileage costs $ 92.40
2/27/2025 Beaumont Chamber Installation $ 80.00
TOTAL TRAVEL/TRAINING $ 1,277.61 TOTAL MEETING/MILEAGE $ 597.40 REMAINING BALANCE $ 172.39 REMAINING BALANCE $ 2.60

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

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

FISCAL YEAR 2024-25

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
9-Dec Mayor/Council Academy - Garcia $ 675.00 1/29-2/1 Conference Meals $ 89.72 1/29-2/1 Conference Hotel $ 581.69 2/1/2025 Mileage Reimbursement $ 94.08 $500 transferred to new Mayor $ 500.00
TOTAL TRAVEL/TRAINING $ 1,256.69 TOTAL MEETING/MILEAGE $ 183.80 REMAINING BALANCE $ 193.31 REMAINING BALANCE $ 416.20
MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
10-16-10-18 LOCC Annual Conference Hotel $ 555.42 8-Jul Cal Cites Riverside Division Mtg $ 60.00 10-16-20204food expenses $ 40.00 14-Aug State of District 5 Event $ 100.00 17-Oct food expenses $ 57.97 8-Sep Cal Cites Riverside Division Mtg $ 65.00 16-Oct LOCC Riverside Div Lunch $ 80.00 9-Oct Banning SOTC $ 90.00 16-Dec Mayor/Council Academy (January) $ 675.00 14-Nov LOCC Riverside Division $ 60.00 1/23/2025 Hotel Sacramento LOCC Meeting $ 401.97 5-Dec Pass EDA City Manager Forum $ 25.00 1/29/-1/31 Hotel Garden Grove Conference $ 443.02 23-Jan gas to Sacramento Meeting $ 115.00 10-Mar LOCC Riverside Div Mtg $ 60.00 1.29-1/31 Mileage to Garden Grove Conf. $ 99.40 27-Feb Beaumont Chamber Installation $ 80.00
Deposit from Mayor Molina $400
Molina Mayor $500 transferred from Davis
TOTAL TRAVEL/TRAINING $ 2,313.38 TOTAL MEETING/MILEAGE $ 694.40 REMAINING BALANCE $ (58.38) REMAINING BALANCE $ 0.60

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

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

FISCAL YEAR 2024-25

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

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

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

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED February 28,2025 MEETING DATE: April 21, 2025
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended February 28, 2025.

BACKGROUND: Pursuant to Council Resolution No. 2024-60 approved on November 4, 2024, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646.

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

Significant transactions during the month include transfers of $2,000,000 on Feb 04, 2025, from the General Fund account to the LAIF Investment account, and $700,000 on Feb 24, 2025 from the LAIF investment account to the General Fund account.

FISCAL IMPACT: Revenue of $8,166 of interest and dividend earnings was recognized for the CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended February 28, 2025.

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: SOCIAL MEDIA POLICY
MEETING DATE: April 21, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council adopt Resolution 2025-11, A Resolution of the City Council of the City of Calimesa Regarding the Use of Social Media by the City and City Officials, Officers, and Employees.

BACKGROUND: The City of Calimesa has actively utilized social media platforms, including Facebook, Instagram, TikTok, and YouTube, to communicate with residents and stakeholders.

Expanding the City’s digital presence is a key objective in the City's Strategic Plan, as it enhances public engagement, promotes transparency, and increases accessibility to important City updates and services.

With the growing reliance on social media as a communication tool, it is essential to implement a formal policy governing its use. A well-defined Social Media Policy ensures that official City accounts are managed responsibly, that information shared is accurate and appropriate, and that legal and ethical considerations are upheld.

DISCUSSION: The proposed Social Media Policy establishes clear guidelines for the management, oversight, and appropriate use of official City social media accounts. It also provides guidance on the personal use of social media by City officials, officers, and employees to maintain professionalism and compliance with relevant laws. Key components of the policy include:

1. Administration of City Social Media Accounts:
o The City Manager has the authority to establish and oversee official City social media accounts.
o Only authorized personnel may post content on behalf of the City. o The City will maintain a list of all accounts and login credentials to ensure security and compliance.

2. Content Guidelines:
o City posts must align with the City’s communication goals, be professional, and adhere to branding standards.
o Only accurate and verified information will be shared, with corrections made promptly as needed.

o Curated content from third parties will only be shared when consistent with applicable laws and policies.

3. Public Engagement and Commenting Policy:
o The City’s social media accounts are not public forums for free speech; they are for disseminating official City information.
o The City will determine whether to enable public comments for each City Account on a platform-by-platform basis, depending on the platform’s terms of service and City’s intended use of the platform. If comments are enabled, the City reserves the right to remove or hide inappropriate comments in accordance with the policy. o City staff will not respond to public comments on platforms but will instead be via private message as appropriate.
o Public comments, including replies and correspondence via private message on the respective platforms, will be considered public records under California law.

4. Guidance for Personal Social Media Use:
o Elected and appointed City officials must avoid making statements that could be misinterpreted as official City positions.
o City officials, officers, and employees must comply with the Brown Act and avoid engaging in online discussions that could constitute a serial meeting.

5. Legal and Compliance Considerations:
o The policy aligns with applicable federal, state, and local laws, including public records laws and intellectual property rights.
o City officials engaged in quasi-judicial matters must refrain from social media interactions that could suggest bias or impropriety.
o Regular reviews of the policy will be conducted to ensure its continued effectiveness and compliance with evolving laws.

FISCAL IMPACT: There is no significant fiscal impact associated with adopting the Social Media Policy. Existing City resources will be used to manage and enforce the policy.

ATTACHMENTS:

Attachment A: Resolution 2025-11

1 RESOLUTION 2025-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA REGARDING THE USE OF SOCIAL MEDIA BY

THE CITY AND CITY OFFICIALS, OFFICERS, AND

EMPLOYEES

RECITALS
WHEREAS, websites and applications that enable users to create and share content or to participate in social networking (“Social Media”) are an important means for the City to promote governmental transparency and communicate matters of public importance to the general public; and
WHEREAS, the City currently maintains official social media accounts on Facebook, TikTok, Instagram, and YouTube, and might establish accounts on other social media platforms in the future; and
WHEREAS, City officials, officers, and employees may maintain or create personal social media accounts in their personal capacities; and WHEREAS, it is in the best interest of the City to establish policies and guidelines for the City’s effective and responsible use of Social Media while also respecting the free speech and intellectual property rights of others;

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

SECTION 1. Policy Adoption.

This Resolution sets forth the City of Calimesa’s official policy governing the use and management of official social media accounts created or maintained by the City (each a “City Account”) and guidelines for use of social media by City officials, officers, and employees. This Resolution may be cited as the City’s “Social Media Policy.” SECTION 2. Purpose and Scope.

2.1 Purpose. City Accounts are intended to inform the public about the work, services, events, and policies of the City, to promote transparency and dialogue regarding such matters, and to instill a higher level of public confidence within the community. The purpose of this Social Media Policy is to establish rules and guidelines for the effective and responsible management and use of City Accounts consistent with that intent.

2.2 Scope. This Social Media Policy applies to all City Accounts and to all City officials, officers, and employees when acting in their official capacity or on behalf of the City. The City will provide City officials, officers, and staff with training and resources for the appropriate use of social media under this Social Media Policy. The City Manager Attachment 6A

2 shall distribute a copy of this Social Media Policy to all City officials, officers, and employees or notify such persons where they may find a copy of the same.

SECTION 3. Administration of City Accounts.

3.1 City Manager’s Authority. The City Manager shall be responsible for administering this Social Media Policy and shall have the authority to open, maintain, manage, and close any City Account on any social media platform consistent with the purpose and provisions of this Social Media Policy. Only persons authorized by the City Manager, or their designee, shall be permitted to post any content on a City Account.

3.2 Access to City Accounts. The City shall maintain a list of all City Accounts, including login and password information, to allow for the immediate removal of any content posted to a City Account in violation of or inconsistent with this Social Media Policy. In order to protect City Accounts from misuse and misappropriation, the City shall take all reasonable steps to prevent the disclosure of login and password for all City Accounts to the greatest extent permitted under applicable law.

SECTION 4. City Account Content Guidelines.

4.1 General Standards.

4.1.1 All content posted by the City on a City Account: (1) shall comport with this Social Media Policy and the terms of service of any platform where the City maintains a City Account: (2) be consistent with the City's goals, objectives, and professional standards; and (3) should employ branding, language, and tone of voice that is appropriate to the intended message and the platform on which it is posted.

4.1.2 Content posted by the City on a City Account will: (1) showcase work performed by City staff; (2) provide time-sensitive public information (e.g., emergency notifications); (3) promote events held or sponsored by the City; or (4) share other information of interest to the general public and not otherwise in violation of this Social Media Policy.

4.1.3 The City will take reasonable steps to verify all information prior to its posting on City Accounts and promptly correct any information the City subsequently learns to be inaccurate.

4.2 Identification. Each City Account shall clearly indicate to the public that the account is maintained by the City and prominently display information for contacting the City. Each City Account will clearly state: "This is the official [Name of Platform] page of the City of Calimesa."

4.3 Rights to Original Content. All original content created by the City or for a City Account shall become the property of the City and may not be reused, reproduced or repurposed without approval from the City Manager or their designee.

3 4.4 Curated Content.

4.4.1 Content posted by the City on a City Account may include content created by third parties that the City has chosen to share or repost (collectively “Curated Content”) subject to the requirements of this Social Media Policy.

4.4.2 The City shall only post Curated Content to the extent permitted by or consistent with applicable law, this Social Media Policy, and the terms of service of the relevant platform. The City will respect the intellectual property rights of others, including copyrights, patents, and trademarks regulated by federal law.

4.4.3 When possible, the City should obtain the permission of the person(s) who created the Curated Content before it is posted to a City Account. The City will provide appropriate credit and attribution for all Curated Content in compliance with applicable laws and agreements. The City shall remove any Curated Content upon the request of its creator when required by applicable law.

4.4.4 Posting Curated Content on a City Account shall not imply the City’s support or endorsement of any specific business, organization, or individual. The City shall not unduly favor any business, organization, or individual over another in its posting of Curated Content.

SECTION 5. Public Engagement with City Accounts.

5.1 No Public Forum for Purposes of Free Speech. City Accounts are to be created and maintained to promote governmental transparency and communicate information of public importance to the general public. City Accounts are not intended to be a public forum for free speech.

5.2 Public Comments on City Accounts. The City will determine whether to enable public comments for each City Account on a platform-by-platform basis depending on the platform’s terms of service and the purposes for which the particular City Account is maintained. Whenever public comments are allowed, the City will refrain from publicly responding to comments but will instead respond via private message as appropriate. In the event a platform does not allow for private messaging and public commenting is allowed, the City will limit responses to questions of fact to the greatest extent possible.

The City Account on the respective platforms where public comments are allowed shall include a notice to the public in substantially the same form as the following:
"The City of Calimesa monitors comments posted to this
page. All comments submitted to this page are public records subject to disclosure under California law. The City reserves the right to remove or hide any comment that violates the City’s Social Media Policy or includes obscene or
pornographic content; threats; defamation of private
individuals or organizations; or promotion or solicitation of violations of federal, state, or local laws or discrimination

4 against any protected class of persons. A copy of the City’s Social Media Policy is available upon request."
SECTION 6. Personal Social Media Accounts.

6.1 Protection of Individual Free Expression and Privacy. It is the City’s intent to promote its interest in promoting the efficiency of the services it provides to the public with the rights of City officials, officers, and employees to free expression and privacy with respect to any social media account they may create or maintain for their personal use (a “Personal Account”).

6.2 Personal Accounts of Elected and Appointed Officials. The City does not create or maintain official social media accounts for any individual elected or appointed City official. Personal Accounts for elected and appointed City officials may identify their official position for purposes of identification, but should be clearly labeled as “Personal” or otherwise clearly indicate that anything posted does not represent the official view of the City. Elected and appointed City officials should: (1) avoid posting anything on social media that may be construed as speaking on the City’s behalf if they have not been expressly authorized to do so by the City Council as a whole; and (2) consider whether liking, sharing, reposting, or commenting on any social media post could be perceived as an endorsement of other public officials or City suppliers, vendors, or contractors.

6.3 Personal Accounts of City Employees. Use of Personal Accounts by City employees are subject to the same legal protections and limitations that apply to employee speech and free expression in any other context. City employees may consult with the City’s Human Resources Department should they have any questions or concerns about use of their Personal Accounts in any particular context.

6.4 Brown Act; Legal Compliance. City officials, officers, and employees shall use their Personal Accounts in compliance with requirements of the Brown Act (Government Code § 54950 et. seq.) and all other applicable laws. Councilmembers and members of the City’s other legislative bodies subject to the Brown Act shall not directly respond to a social media post by another councilmember concerning a matter within the City’s subject matter jurisdiction, including the use of digital icons that express reactions to a communication.

6.5 Quasi-Judicial Matters. City officials, officers, and employees whose official duties include being a decisionmaker in any quasi-judicial proceeding (e.g. permitting and licensing hearings), shall refrain from commenting upon such matters that are likely to come before them that may create a reasonable impression of bias for or against a party or outcome in the proceeding. This includes explicit comments made on a Personal Account as we; as “friending” or “following” an interested party in advance of or during a proceeding or “liking” a post by third parties that take any position for or against a party or outcome.

SECTION 7. Policy Review and Amendments.

The City Manager shall regularly review this Social Media Policy to ensure its

5 ongoing, relevance, effectiveness, and compliance with applicable laws. Any amendment to this Social Media Policy must be approved by the City Council.

SECTION 8. Severability.

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

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

PASSED, APPROVED and ADOPTED this 21st day of April, 2025. _____________________________________

LINDA MOLINA, MAYOR
ATTEST:
__________________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: COUNCIL APPROVAL OF AN AGREEMENT WITH CIVICPLUS,

LLC FOR AGENDA AND MEETING MANAGEMENT SOFTWARE

WITH AN ALLOCATION OF FUNDS FROM THE FISCAL YEAR
2024-2025 BUDGET FOR THE PURCHASE THEREOF.

MEETING DATE: April 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council:
a) Approve the Software Service Agreement between the City of Calimesa and CivicPlus, LLC and authorize the City Manager to execute the agreement with CivicPlus for agenda and meeting management software services in substantially the same form as presented and in a final form approved by the City Attorney.
b) Adopt Resolution No. 2025-12 a Resolution of the City Council of the City of Calimesa amending the FY 2024-25 Budget to include an additional appropriation to the Information Technology Fund for the purchase of CivicPlus Agenda Management Software.

BACKGROUND: At your July 19, 2021 meeting, Council approved the agreement with CivicEngage (CivicPlus LLC) for redesign of the City’s website, with the Scope of Work to include the design of a new City Logo to be incorporated into the website design. CivicEngage (CivicPlus LLC) completed the design of the website, which went live on May 5, 2022. The website includes an agenda posting module that is currently used to post all City Council and Commission agendas and minutes.

Meeting videos are also uploaded to this page.

City staff strives to enhance administrative procedures, and it is our desire to have a more efficient and streamlined process of agenda packet and minutes preparation. CivicPlus has provided a quote for their Agenda and Meeting Management module which will integrate and enhance our existing agenda posting module. Enhancements to the agenda packet preparation for City Council and Commission meetings would provide time-saving automation and is the most intuitive way to streamline the entire agenda management process, from creating agenda items to managing live meetings. Also included is a fully integrated minutes module that will automatically migrate all agenda content into the module, which will save staff time dedicated to minute preparation. The Live Meeting Manager module will allow for electronic voting of the Council with one-click and electronic requests to the Mayor to speak by each member of the Council. As you know we currently video record our meetings, and the Live Meeting Manager will integrate easily with our current streaming software and equipment.

The quote received from CivicPlus for Agenda and Meeting Management services is $13,175.00 for the initial one year term. The current Information Technology fund does not include an approved allocation for this project. Staff is therefore requesting a budget adjustment in the amount of $13,175.00 in the Information Technology Fund 76-2047-8100 – IT Major Software and Equipment line item.

FISCAL IMPACT: The FY 2024-25 General Fund Budget requires an amendment to include an appropriation of $13,175.00 to the Information Technology Fund 76-2047-8100 – IT Major Software and Equipment.

ATTACHMENTS:

Attachment A: Resolution No. 2025-12
Attachment B: Software Service Agreement

RESOLUTION 2025-12

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

TO INCLUDE AN ADDITIONAL APPROPRIATION TO THE

INFORMATION TECHNOLOGY FUND FOR THE PURCHASE OF
CIVIC PLUS AGENDA MANAGEMENT SOFTWARE.

WHEREAS, City personnel strive to enhance administrative procedures that provide a more efficient and streamlined process; and
WHEREAS, Enhancements to the agenda packet preparation for City Council and Commission meetings would provide time-saving automation and is the most intuitive way to streamline the entire agenda management process from creating agenda items to managing live meetings; and
WHEREAS, Civicplus is the City’s current website provider and integrates the existing agenda posting module with the agenda management platform; and WHEREAS, a quote has been received from Civicplus for agenda and meeting management services in the amount of $13,175.00 for the initial one year term; and WHEREAS, the current Information Technology fund does not include an approved allocation for this project staff is therefore requesting a budget adjustment in the amount of $13,175.00 in the Information Technology Fund 76-2047-8100 – IT Major Software and Equipment line item.

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

Section 1: The City Council hereby authorizes the City Manager to execute an agreement with CivicPlus for agenda and meeting management software services in substantially the same form as presented at its meeting on April 21, 2025 and in a final form approved by the City Attorney
Section 2: The Fiscal Year 2024-2025 Budget is hereby amended as follows:
• Increase appropriations in Fund 76-2047-8100 by $13,175.00.

PASSED, APPROVED, and ADOPTED this 21st day of April 2025. _____________________________________

LINDA MOLINA, MAYOR
ATTEST:
_________________________________

DARLENE GERDES, CITY CLERK
Attachment 7A

MASTER AGREEMENT

SOFTWARE AS A SERVICE
by and between

THE CITY OF CALIMESA
and

CIVICPLUS, LLC
THIS AGREEMENT (“Agreement”) is made and effective as of _______ __, 2025 (the “Effective Date”) by and between the City of Calimesa, a California municipal corporation (“City”) and CivicPlus, LLC, (“Consultant”). City and Consultant are sometimes hereinafter referred to each individually each as a “Party” and collectively as “the Parties.”

RECITALS
A. City requires third-party hosted “software as a service” services, as further described herein, with respect to certain of its information technology needs; B. Consultant represents that it is qualified and able to provide City with such services.

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

AGREEMENT

1. TERM
This Agreement is legally binding as of the Effective Date, and the Term of this Agreement shall continue for so long as any SOW executed by the Parties continues in effect or until this Agreement is terminated as provided for herein.

2. SERVICES
A. Statements of Work. This Agreement is a master agreement governing all services Consultant provides to City as specified in any written Statement of Work (“SOW”) executed by both City and Consultant. The City Manager or their designee may execute any SOW on City’s behalf. Each SOW so executed shall become part of the “Services” hereunder and is hereby incorporated into this Agreement as if set forth in full.

In the event of any material discrepancy between the terms of any SOW so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

B. Standard of Performance. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all tasks that are part of or reasonably required to provided the Services. Consultant shall employ, at a Attachment 7B

minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. Consultant shall forthwith undertake and complete all Services under this Agreement in accordance with the terms of all SOWs and Exhibits, attached hereto and incorporated herein by this reference, and all in accordance with Federal, State, and City statutes, regulations, ordinances, and guidelines in effect at the time of performance, and all services shall be performed to the reasonable satisfaction of City.

C. Time for Services; Time is of the Essence. Consultant shall complete all Services within the term of this Agreement and shall meet any other established schedules and deadlines. Time is of the essence in the performance of the Services.

Notwithstanding the foregoing, neither Party will be liable or responsible for any delay in the time of completion of the Services due to the action or inaction of the other Party.

D. Changes in Functionality; New Services.

1. Consultant reserves the right to develop, alter, deliver, and provide to the City ongoing updates and modifications to the Services. Any updates or modifications the Services listed on the SOW will be provided to the City at no additional charge. In the event any update or modification to the Services causes City to lose substantial functionality of the Services, Consultant shall use commercially reasonable best efforts to provide City with reasonable workarounds. In the event Consultant eliminates or substantially reduces functionality in the Services, City, at City’s sole election and in City’s sole determination, shall have the right to immediately terminate this Agreement or any affected SOW and be entitled to a return of any prepaid fees, in addition to any other rights and remedies under this Agreement or at law.

2. If Consultant develops new products or significant enhancements to the Services during the term of this Agreement, (“New Services”), Consultant may require City to pay Consultant an appropriate fee for access to and use of the New Services.

3. PAYMENT
A. City shall pay Consultant monthly for Services actually provided, in accordance with the payment rates and terms and the schedule of payment as set forth in the applicable SOW; provided the total compensation shall not exceed thirteen thousand, one hundred seventy five dollars($13,175.00) in any given year without written approval of the City Council.

B. Consultant shall not be compensated for any tasks, duties or work rendered in connection with its performance of this Agreement which are in addition to those provided for in this Agreement, unless such additional tasks, duties or work are authorized in advance by the City pursuant to an amendment to this Agreement.

C. Except as otherwise provided in an applicable SOW, Consultant shall submit invoices monthly for actual services performed by Consultant between the first and fifteenth business day of each month for Services provided by Consultant in the previous month. Payment shall be made by City as to all non-disputed fees within thirty

(30) days of receipt of each invoice. If City disputes any of Consultant’s fees, City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice..

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

Consultant shall be responsible for payment of all of compensation, taxes, insurance and fringe benefits to Consultant’s employees and shall defend, indemnify and hold City harmless from and against all third party losses, damages, claims, costs, penalties, liabilities, and expenses arising from Consultant’s failure to pay such compensation, taxes, insurance, and fringe benefits.

4. TERMINATION OF AGREEMENT
A. Termination by City. City may terminate this Agreement and/or any SOW executed by the Parties at any time, with or without cause, by giving Consultant at least 30 days’ advance written notice of the effective date of termination, unless the Parties otherwise agree in writing. Upon receipt of a notice of termination from the City, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.

B. Termination by Consultant. Consultant may terminate this Agreement and/or any SOW executed by the Parties, at any time, with or without cause, by giving City at least 30 days’ advance written notice of the effective date of termination, unless the Parties otherwise agree in writing. Upon City’s receipt of a notice of termination from Consultant, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise, or the Parties agree otherwise in writing.

C. Payments upon Termination. In the event this Agreement is terminated by either party pursuant to this Section 4, City shall pay to Consultant the actual value of any Services satisfactorily performed by Consultant up to: the date notice of termination is provided pursuant or such date specified in the notice as the date that Consultant shall cease work. Payment by City of any such Services shall be contingent upon Consultant’s service upon City of an invoice to City as provided herein for the actual value of Services performed up to the time of termination. In no event shall Consultant receive more than the maximum compensation allowed under this Agreement.

5. INTELLECTUAL PROPERTY; WORK PRODUCT
A. Consultant Property.

1. Intellectual Property in the software or other original works created by or licensed to Consultant, including all software source code, documents, and materials used in performing the Services ("Consultant Property") will remain the property of Consultant. Consultant Property specifically excludes City Content and any content in the public domain. City shall not license, sublicense, sell, resell, reproduce, transfer, assign, alter, modify, or make derivative works based upon, reverse engineer, decompile, disassemble, or otherwise attempt to obtain the software source code to, distribute or otherwise commercially exploit or make available to any third party any Consultant Property in any way, except as specifically provided in the applicable SOW.

2. Provided City complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth above, Consultant hereby grants City a limited, nontransferable, nonexclusive, non-assignable license to access and use the Consultant Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that City is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of Consultant. City hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud.

B. City Content.

1. Any information, importable/exportable data, archived information, elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, or other materials or content that City provides to Consultant in connection with any Services shall be deemed “City Content” except as the Parties may otherwise agree in writing. “City Content” specifically excludes Consultant Property and any content in the public domain. City represents and warrants that City owns all City Content or that City has permission from the rightful owner to use each of the elements of City Content and that City has all rights necessary for Consultant to use the City Content in connection with providing the Services. City agrees that Consultant shall not be responsible or liable for the content of messages created by City or by City’s Users or end-users who access the Services.

2. City hereby grants Consultant a worldwide, non-exclusive right and license to reproduce, distribute and display the City Content as necessary to provide the Services. Notwithstanding the foregoing, Consultant retains the right, but not the obligation, to remove any City Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third-party rights.

C. Work Product.

1. Except for Consultant Property, or as otherwise agreed to in writing, any and all other documents, written material, images, ideas, concepts, designs, including without limitation any website designs, electronic data and files, and/or other media whatsoever created or developed by Consultant in the performance of this Agreement (collectively, "Work Product") shall be considered to be "works made for hire" for the benefit of City. Upon final payment, City shall have full legal title to the Work Product, and full legal authority and the right to use and reproduce the Work Product for any purpose.

All Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made. Consultant shall not obtain or attempt to obtain copyright protection as to any of the Work Product. Consultant hereby assigns to City all rights of ownership to the Work Product, including but not limited to any and all related intellectual property and proprietary rights that are not otherwise vested in the City pursuant to this paragraph.

2. Consultant warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of the Work Product and shall bear all costs arising from the use of patented, copyrighted, trade secret, or trademarked documents, materials, equipment, devices, or processes in connection with its provision of the Work Product under this Agreement. Consultant shall defend, indemnify, and hold City, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city officials, harmless from any loss, claim, or liability in any way related to a claim that any use by the City of any of the Work Product violates federal, state, or local laws, or any contractual provisions, or any rights or laws relating to trade names, licenses, franchises, copyrights, patents, or other means of protecting intellectual property rights, and/or interests in products, ideas, or inventions except for such claims arising from solely from City Content or sole negligence or willful misconduct of City. If any use by City of any of the Work Product or other deliverables is held to constitute an infringement and the use of any of the same is enjoined, Consultant, at its expense, shall: (i) secure for City the right to continue using such Work Product and/or other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. Consultant's obligations under this paragraph shall survive the expiration or termination of this Agreement.

6. CITY DATA; CONFIDENTIALITY
A. Ownership. In addition to Section 5, above, City’s data (“City Data”), which shall also be known and treated by Consultant as confidential information (“Confidential Information”) shall include: (i) all data made available or accessible to Consultant by City, or that is collected, accessed, used, processed, or stored by Consultant, or generated by City, in connection with the products or services provided by Consultant pursuant to this Agreement; and (ii) all personally identifiable information (“PII“) that is collected,

accessed, used, processed, or stored by Consultant, or generated by City, in connection with the products or services provided by Consultant pursuant to this Agreement, including, without limitation, any information that identifies an individual, such as an individual’s social security number or other government-issued identification number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, credit card information, or an individual’s name in combination with any other of the elements listed herein. Except where subject to a third party’s intellectual property rights, all City Data is and shall remain the sole and exclusive property of City and all right, title, and interest in the same belongs to City.

B. License to Use City Data. Consultant is provided a limited license to access City Data for the sole and exclusive purpose of providing the required services, including a license to collect, process, store, generate, and display City Data only to the extent necessary in the providing of the required services. Consultant shall: (i) keep and maintain City Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (ii) use and disclose City Data solely and exclusively for the purpose of providing the required services, such use and disclosure being in accordance with this Agreement, and applicable law; (iii) allow access to City Data only to those employees of Consultant who are directly involved with and responsible for providing the required services; and, (iv) not use, sell, rent, transfer, distribute, or otherwise disclose or make available City Data for Consultant’s own purposes or for the benefit of anyone other than City without City’s prior written consent.

Unless otherwise agreed upon in writing by the City, any and all cloud-based storage shall be in compliance with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto. All data storage shall be provided solely within the continental United States and on computing and data storage devices residing therein, and all such locations shall be disclosed to City promptly upon request.

C. Data Privacy. Without limiting Consultant’s obligation of confidentiality (“Confidentiality Obligation”), Consultant shall be responsible for establishing, maintaining, and providing a written description to City if requested, a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that is designed to: (i) ensure the security and confidentiality of the City Data, (ii) protect against any anticipated threats or hazards to the security or integrity of the City Data; (iii) protect against unauthorized disclosure, access to, or use of the City Data; (iv) ensure the proper disposal of City Data; and, (iv) ensure that all employees, agents, and subcontractors of Consultant, if any, comply with all of the foregoing. In no case shall the safeguards of Consultant’s data privacy and information security program used to protect City Data be less stringent than the safeguards used by Consultant for its own data. Consultant shall at all times comply with California Civil Code Section 1798.82 and the California Consumer Privacy Protection Act of 2018, California Civil Code Section 1798.100, et seq., as applicable.

D. Data Breach. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of City Data, Consultant shall, as applicable: (i) notify City as soon as practicable but no later than 48 hours of becoming aware of such occurrence; (ii) cooperate with City in investigating

the occurrence, including making available at the reasonably earliest opportunity all relevant records, logs, files, data reporting , and other materials required to comply with applicable law or as otherwise required by City; and (iii) in the case of PII, at City’s sole election, notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law including, but not limited to, the provisions of California Civil Code Section 1798.82, or, in the absence of any legally required notification period, within 5 calendar days of the occurrence.

E. Return of City Data. At any time during the term of the applicable SOW, City will have the ability to download and export City Data. City may request Consultant to perform the export of City Data and provide the City Data to City in a commonly used format, for a reasonable fee to be quoted at time of request and approved by City. Upon termination of the applicable SOW for any reason, Consultant reserves the right to permanently and definitively delete the City Content and City Data held in the Services upon thirty (30) days notice to City. City shall have ten (10) days from receipt of such notice to request Consultant to export the City Data and provide the City Data to City in a commonly used format, for a reasonable fee to be quoted at time of request and approved by City.

7. INDEMNIFICATION
A. 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 third party damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, actions challenging the award of this contract, stop notices, 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, subcontractors, materialmen, contractors 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.

B. Consultant’s obligation to indemnify under this Section E shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

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

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

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

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

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

6. Professional Liability (errors & omissions) Insurance:

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

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

attached hereto and incorporated herein as though set forth in full, sets forth California Labor Code requirements.

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

D. All insurance coverage and limits provided pursuant to this Section 8 shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Section 8 or the Agreement limits the application of such insurance coverage.

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

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

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

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

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

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

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

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

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

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

9. INDEPENDENT CONTRACTOR.

A. Consultant is and shall at all times remain as to the City an independent contractor and shall perform all Services under this Agreement as an independent contractor. This Agreement shall not and is not intended to engage Consultant as an agent, servant, or employee of City and shall not nor is it intended to create any employeremployee relationship, partnership, joint venture, or similar association between City and Consultant, or to otherwise create any liability for either party with respect to the indebtedness, liabilities, and obligations of the other party. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, directors, employees or agents, except as set forth in this Agreement with respect to the results required under this Agreement.

Consultant shall not at any time or in any manner represent that it is in any manner an officer, employee or agent of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against the City, or bind City in any manner.

Subject to Consultant’s obligations to provide the Services and the minimum requirements set forth in this Agreement, Consultant has the sole right and obligation to supervise, manage, operate, control, and direct the performance of all Services required by and performed pursuant to this Agreement.

B. Contractor and its officers, directors, employees shall not be entitled to any health and welfare employee benefits from City, or any other benefits provided by City, including but not limited to, health insurance, accrued vacation or paid leaves of absence, or any other benefits, wages, payments or compensation of any kind that may be provided to any employee of City. Consultant, and its officers, directors, employees, and agents, are not employees of City and are not members of the personnel system or classified service of City. As such, Consultant and its officers, directors, employees and agents shall not have any rights or benefits of an employee under the Calimesa Municipal Code, any

provision of the Calimesa Personnel Rules and Regulations, or any memorandum of understanding between City and any of City’s bargaining units. Except for the fees paid to Consultant as expressly provided in this Agreement, City shall not pay any compensation of any kind to Consultant or to any of its officers, directors, employees or agents for performance of any Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

10. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner may affect those employed by it or in any way affect the performance of his Services pursuant to this Agreement. Consultant shall at all times observe and comply with all such ordinances, laws and regulations. City, and its officers, employees, agents, and volunteers, shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section 10.

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

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

However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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

the third business day following deposit with the document delivery service or United States Mail as provided above.

To City: City of Calimesa
908 Park Avenue
Calimesa, California 92320
Attention: City Manager
To Consultant: CivicPlus, LLC
302 S 4th St, Ste. 500
Manhattan, KS 66502
Attention: Contracts Department

13. ASSIGNMENT
City is entering into this Agreement with Consultant based on Consultant’s specialized expertise, training and knowledge. Consultant shall not assign, delegate or subcontract the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Such consent shall not be unreasonably withheld. Notwithstanding the foregoing, Consultant may assign this Agreement upon a merger or sale of a majority of its assets.

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

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

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

17. FORCE MAJEURE
Consultant shall not be liable for any failure to perform any obligation under this Agreement if Consultant presents that City in its sole judgment deems acceptable that

such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

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

19. NO THIRD PARTY RIGHTS
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.

20. AMENDMENTS
A. This Agreement may be amended at any time by written, mutual agreement of City and Consultant. City Council approval is required for each amendment.

B. In the event City, its employees or other authorized users are ever required to “click through” or otherwise accept or be made subject to any online terms and conditions in accessing or using the Services, such terms and conditions are not binding and shall have no force or effect as to the Services or this Agreement.

21. CONFLICT OF INTEREST.

A. Consultant and its officers and employees shall not engage in any business or transaction or have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of providing services to City under this Agreement or that tend to impair independence of judgment or action in the provision of services under this Agreement. Personal interest, as distinguished from financial interest, includes an interest arising from blood or marriage relationships or close business, personal, or political relationships or close business, personal or political associations. This Section 21 shall not prohibit independent acts or other forms of enterprise during those hours not covered by Consultant’s active engagement for City, providing such acts do not constitute a conflict of interest as defined herein.

B. Consultant and its officers and employees shall also be subject to the conflict-of-interest provisions of the California Government Code and any conflict of interest code applicable to Consultant’s providing services to City under this Agreement.

C. Consultant and any of its officers or employees that are appointed by City to hold a position for City that is designated by state law (Government Code Section 87200) or by the City Conflict of Interest Code to disclose economic interests, are

responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements (Form 700 - Statement of Economic Interests) within thirty (30) days after the commencement of services under this Agreement, annually thereafter, and at the time of termination of this Agreement.

D. No officer, or employee of City shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, Consultant or Consultant’s subcontractors for this project, during his/her tenure or for one year thereafter. Consultant hereby warrants and represents to City that no officer or employee of City has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of Consultant or Consultant’s sub-contractors on this project.

Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

E. Nothing in this Section 21 shall modify Consultant’s status as an independent contractor of City.

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

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

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

25. ATTORNEYS' FEES
If either party commences any legal, administrative, or other action against the other party arising out of or in connection with this Agreement, the prevailing party in such action shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.

26. EXHIBITS
Each exhibit referenced in this Agreement is hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.

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

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

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

30. CONSULTANT TERMS AND CONDITIONS
This Agreement shall also be subject to the CivicPlus Master Services Agreement and Applicable Solutions and Services Terms and Conditions located at:
https://www.civicplus.help/hc/en-us/sections/10985404533271. In the event of any material discrepancy between the terms of this Agreement and the CivicPlus Master Services Agreement and Applicable Solutions and Services Terms and Conditions, the terms of this Agreement shall control.

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

CITY OF CALIMESA
By: __________________________
Will Kolbow
City Manager
Attest:

By: __________________________
Darlene Gerdes
City Clerk
Approved as to Form:

By: __________________________
Steven L. Flower
City Attorney

CIVICPLUS, LLC
By: __________________________
(Sign)
Name:__________________________
(Print)
Title: __________________________
(Print)
By: __________________________
(Sign)
Name:__________________________
(Print)
Title: __________________________
(Print)

Exhibit A, Page 1 of 3

EXHIBIT A

CALIFORNIA LABOR CODE PROVISIONS

1. Contractor acknowledges that the project as defined in this Agreement between Contractor and City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a “public work” as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code (“Chapter 1”), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein.

2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above.

3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the effective date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor cease to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City.

4. Pursuant to Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations.

5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request.

Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement.

6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in

Exhibit A, Page 2 of 3
Section 1776, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records.

8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.

9. Contractor acknowledges that eight hours labor constitutes a legal day’s work.

Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.

10. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”

11. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages.

Contractor shall diligently take corrective action to halt or rectify any failure.

Exhibit A, Page 3 of 3

12. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement.

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: ADOPTION OF RESOLUTION NO. 2025-13 APPROVING A CPI

RATE INCREASE BY CR&R, INCORPORATED EFFECTIVE JULY
1, 2025.

MEETING DATE: April 21, 2025
PRESENTED BY: Darlene Gerdes, Deputy City Manager/City Clerk Mari Shakir, Interim Public Works Director
RECOMMENDATION: That the City Council adopt Resolution No. 2025-13, A Resolution of the City Council of the City of Calimesa, California, Approving a CPI rate increase by CR&R, Incorporated effective July 1, 2025.

BACKGROUND: The City entered into a Franchise Agreement dated August 14, 1996 with Cherry Valley Sanitation, Inc. to provide for solid waste disposal for residential, commercial and industrial properties in the City. On October 20, 2003, the Council adopted Resolution 2003-50 approving the transfer of the Franchise Agreement to CR&R Incorporated. On July 7, 2008, the Council adopted the First Amendment to the Franchise Agreement with CR&R.

The Franchise Agreement provides for an annual rate increase pursuant to the change in inflation as well as the ability of CR&R to request other modifications and adjustments to solid waste collection rates as necessary, subject to approval of the City Council by resolution.

CR&R has reviewed the data from the Bureau of Labor Statistics for the month of January 2025 and indicated that the CPI had increased by 3.55%. They further indicated that the County of Riverside’s Waste Management Department would increase their disposal rate by

2.88%. CR&R has informed the City that based on the data supplied by both the BLS and the County of Riverside, the overall residential rate for the minimum required service will see a monthly increase of $3.08 from $97.96 to $101.04. The minimum required service for residential includes a 64 gallon trash, 64 gallon recyclable, and 35 gallon organics. For commercial services CR&R is requesting a 3.1% increase for each service type. A typical commercial customer who has a 3 cubic yard bin serviced once a week will see a monthly increase of $6.38 from $202.89 to $209.27.

In addition to the CPI increase for commercial customers and rolloff customers, CR&R is proposing an additional minor rate adjustment of 1.89% to address the City’s procurement obligations under SB 1383. This would bring the monthly total for the typical commercial customer to $213.23. The City is required to procure 819 tons of recovered organic waste products annually. Examples of these products include mulch, compost, renewable energy, and electricity generated from biomass production. This number is based on the City’s

population and will increase as the population size increases. By implementing this rate adjustment, CR&R will wholly manage this procurement requirement by providing an unlimited amount of compost to the City and its residents free of charge. Any remaining amount not used; CR&R will be tasked with finding a place to distribute it.

CR&R has prepared a new Exhibit “C” to reflect the increases that would become effective July 1, 2025 and is attached for Council review.

Government Code Section 53756 authorizes public agencies providing water, sewer or refuse collection services to adopt a fee schedule for a period not exceeding five (5) years. The schedule may include adjustments, including a clearly defined formula for inflationary adjustments, provided that the adjusted fee does not exceed the cost of providing the service.

Agencies that include any adjustment in their fee schedule must give notice to their customers pursuant to Government Code section 53755(a) no less than thirty (30) days before the adjustment becomes effective. At the public hearing held on June 17, 2024, CR&R requested that we provide for the five (5) year period in the Notice of Public Hearing, as referenced above.

Staff agreed to their request as allowable through the Proposition 218 process. The 2024 Notice of Public Hearing included the appropriate language providing for the 5-year period.

This 2025 increase shall be for year 2 in the 5-year period.

ATTACHMENTS:

Attachment A: Resolution No. 2025-13 with Exhibit “C”
Attachment B: Letter from CR&R, Incorporated

RESOLUTION NO 2025-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA, APPROVING A C.P.I. RATE

ADJUSTMENT BY CR&R, INCORPORATED EFFECTIVE
JULY 1, 2025
WHEREAS, the City entered into a Franchise Agreement dated August 14, 1996 with Cherry Valley Sanitation, Inc. (the “Franchise Agreement”) to provide for solid waste disposal; and
WHEREAS, on October 20, 2003 the Council adopted Resolution 2003-50 approving transfer of said Franchise Agreement to CR&R Incorporated (“CR&R”); and WHEREAS, on July 7, 2008 the Council adopted the First Amendment to the Franchise Agreement with CR&R; and
WHEREAS, on October 19, 2015 the Council adopted the Second Amendment to the Franchise Agreement with CR&R; and
WHEREAS, on September 20, 2021 the Council adopted Ordinance No. 381 to implement SB 1383 by amending the Calimesa Municipal Code, adding Chapter 8.31 (Mandatory Organic Waste Disposal Reduction) and amending Chapter 8.30 (Waste Management); and
WHEREAS, on December 20, 2021 the Council adopted the Third Amendment to the Franchise Agreement with CR&R to add SB383 and SB1383 regulations requiring the City to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations; and
WHEREAS, the Franchise Agreement provides for an annual rate increase pursuant to the change in inflation as well as the ability of CR&R to request other modifications and adjustments to solid waste collection rates as necessary, subject to approval of the City Council by resolution; and
WHEREAS, CR&R has requested various rate increases ranging from 0% up to

4.2% for residential services types and 5.1% rate increase for all commercial service types, and specifically as listed in the Rate Schedule marked Exhibit C, and attached hereto; and
WHEREAS, the 5.1% commercial and roll-off rate increase includes a one-time adjustment of 1.89% to address the City’s procurement obligations under SB 1383; and WHEREAS, the entirety of CR&R’s rate increase requests are specifically listed in the Rate Schedule marked Exhibit C and attached hereto.

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

Section 1. The Rate Schedule attached hereto and marked Exhibit C is hereby approved and the rates approved thereon shall take effect July 1, 2025.

Attachment 8A

Section 2. The Rate Schedule attached hereto and marked Exhibit C shall be and become an Amendment to the Franchise Agreement.

PASSED, APPROVED AND ADOPTED this 21st day of April 2025. _____________________________________

LINDA MOLINA, MAYOR
ATTEST:
_____________________________________________

DARLENE GERDES, CITY CLERK

Attachment 8B

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: APPROVAL OF JOB DESCRIPTIONS OF SR. PERMIT
TECHNICIAN AND SR. CODE ENFORCEMENT OFFICER AND
UPDATE TO AUTHORIZED POSITION LIST.

MEETING DATE: April 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Will Kolbow, City Manager
RECOMMENDATION: That the City Council adopt Resolution 2025-14, a Resolution of the City Council of the City of Calimesa, California adopting the job descriptions of Sr. Permit Technician and Sr. Code Enforcement Officer and revising the Authorized Position List for Fiscal Year 2024-25 to fund the positions of Public Works Director and Sr. Permit Technician.

BACKGROUND/DISCUSSION: The City of Calimesa recognizes the value in recruiting and retaining well-qualified workforce and the City from time to time may deem it appropriate to adopt additional job descriptions, reclassify certain position(s) and/or adjust related compensation ranges.

The adopted Fiscal Year 2024-2025 Budget includes appropriations for the outsourcing of the Public Works Director, Senior Permit Technician, and Code Enforcement Officer. Charles Abbott & Associates (CAA) provides personnel for the Public Works Director and Senior Permit Technician roles. 4Leaf, Inc. provides personnel for the Code Enforcement Officer. The costs associated with these positions have been evaluated and it has been determined by staff that bringing these positions in-house, and upgrading the Code Enforcement Officer position to a Senior Code Enforcement officer, will result in an increased number of hours of service at a lower cost. A job description for the Public Works Director already exists and has previously been approved by the City Council. However, the job descriptions for Sr. Permit Technician and Sr. Code Enforcement Officer are newly created and require adoption by the City Council.

Public Works Director. The Public Works Director classification has existed for many years but has been an unfunded position since 2020. Currently, the Salary Range for this position is 371.

However, staff recommends that this position be brought into parity with the Finance Director, Planning Director, and Fire Chief positions at Salary Range 381. The current budgeted General Fund cost for the Public Works Director position through CAA is $265,500. The estimated General Fund cost for the in-house Public Works Director position is approximately $210,000, resulting in a savings of $55,500. The Authorized Position List for City personnel has been revised, as recommended in Resolution 2025-14, to fund one (1) Public Works Director position.

Senior Permit Technician. The Senior Permit Technician is currently filled through a contract position with CAA, providing approximately 25 hours per week at a rate of $65 per hour, for a total

estimated cost of $84,500. Bringing the position in-house full-time (40 hours per week plus benefits) results in a cost of approximately $97,000, an increase of $13,500. However, despite an increase of 16% in cost, the increase in hours is 60%. The Senior Permit Technician classification is a new position, and a job description requires adoption by the City Council. The job description is attached for your review and consideration of approval. Staff recommends that this position be funded at the Salary Range of 215. The Authorized Position List for City personnel, as recommended in Resolution 2025-14, has been revised to fund one (1) Senior Permit Technician position.

Senior Code Enforcement Officer. The City currently outsources Code Enforcement services through 4Leaf, Inc, contracting for approximately 23 hours per week at a rate of $95 per hour. This results in an annual cost of approximately $115,000. The level of hours is typically not enough for the personnel filling these hours, which has resulted in a high rate of turnover. Staff believes by increasing this position to a full-time position and bringing it in-house will result in lower turnover and a much better level of service to the community. However, supervision over this position is a concern due to no in-house expertise in code enforcement. Therefore, staff recommends the hiring of a Senior Code Enforcement Officer so that we can recruit an individual with previous experience.

Additionally, staff recommends setting aside an appropriation to contract with 4Leaf on an asneeded basis for code enforcement expertise should a situation arise that is beyond the Senior Code Enforcement’s level of knowledge and experience. The Senior Code Enforcement Officer classification is a new position, and a job description requires adoption by the City Council. The job description is attached for your review and consideration of approval. Staff recommends that this position be funded at the salary range of 215 with a projected cost of $89,000 including salary and benefits. With additional funding for training and on-call supervision, staff estimates as savings of $15,000 and an increase in service hours of about 63%. Staff recommends that the job classification and description be created but will not be added to the funded Authorized Position List until the adoption of the FY 2025-26 budget.

In order to implement the new positions, certain steps must be undertaken. The proposed Resolution No. 2025-14 would do the following:
• Set the Salary range for the Public Works Director at Range 381 • Set the Salary range for the Senior Permit Technician at Range 215 • Set the salary range for the Senior Code Enforcement Officer at Range 215 • Approve the respective job descriptions
• Update the Authorized Position List to fund the Public Works Director and Senior Permit Technician positions.

FISCAL IMPACT: No additional appropriation is being requested at this time. Sufficient appropriations exist to fund recommended changes.

ATTACHMENTS:

Attachment A: Public Works Director Job Description (for reference) Attachment B: Resolution No. 2025-14

City of Calimesa

OFFICE OF HUMAN RESOURCES & RISK MANAGEMENT
Public Works Director Job Description

DEFINITION
Under general administrative direction, to serve as the principal administrative officer for the Public Works Department; to plan, direct, review, and manage Department activities and operations focused on providing a wide range of public services activities; and to perform other duties as required.

DISTINGUISHING CHARACTERISTICS
The position has overall responsibility for managing a wide range of public service activities including streets, parks, landscape, facilities and fleet maintenance; permit issuance; water quality and waste management reporting; graffiti removal and weed abatement programs; Capital Improvement Project Programs; development agreements; inspections; citizen patrol and emergency management functions. The incumbent is accountable for achieving programmatic goals and objectives and for ensuring that the community is provided with desired and mandated services in an effective, cost efficient manner.

ESSENTIAL JOB FUNCTIONS
Depending on assignment, duties may include, but are not limited to, the following:

1. Plan, organize, manage, lead, and direct the overall operations, maintenance and repair of a variety of municipal services including, but not limited to, City streets, parks, landscape, facilities and fleet maintenance.

2. Oversee Public Works functions including permit issuance, inspections, water quality and waste management reporting, graffiti removal and weed abatement programs, development agreements, Capital Improvement Project Programs, Citizen Patrol and Emergency Management.

3. Select, assign, train, direct, and evaluate subordinate staff; assure training and guidance for staff involved in various aspects of public works and related services; oversee and implement disciplinary personnel actions when necessary.

4. Participate as a member of the City’s Executive Team; provide assistance to the City Manager and the City Council on Capital Improvement Project Programs and Public works service-related matters.

5. Oversee project management for the construction of the municipal public works projects; oversee assigned projects to ensure contractor compliance with time and budget parameters for the project.

6. Maintain regular contact with consulting engineers, construction project engineers, City, County, State and Federal agencies, professional and technical groups and the general public regarding department activities and services; attend meetings, conferences, and workshops as assigned.

7. Develop, plan, and implement Department goals and objectives in accordance with the core purpose, mission, vision, and values of the City; develop, recommend, and administer policies and procedures; establish priorities; monitor the efficiency and effectiveness of Department work products through quality control and related activities.

8. Prepare, administer, and recommend the Department budget; analyze fiscal data to identify and project resource needs; obtain needed resources; develop strategies to increase Department funding; develop and monitor grant-funded programs; monitor and approve budget expenditures.

PUBLIC WORKS DIRECTOR
Range 381 - $11,506 – $14,684 Monthly
DEPARTMENT: PUBLIC WORKS FLSA STATUS: EXEMPT REPORTS TO: CITY MANAGER Attachment 9A

9. Coordinate assigned activities with City officials, other City departments, and outside agencies as appropriate; participate on committees and boards and in community activities as assigned; determines applicable codes, regulations, and requirements for assigned projects.

10. Oversee the bidding of contracts, competency of contractors and vendors, and the selection criteria for public contracts.

11. Implement, enforce, coordinate and manage the City’s Construction and Demolition Recycling Ordinance.

12. Review, approve, process and issue Public Works permits including Encroachment, Stock Pile, Haul, Import and Export permits.

13. Integrate and direct department staff with required maintenance and repair of the City’s Public Works water distribution and waste management collection infrastructure; administer and facilitate the City’s water quality permit.

14. Oversee the Citizen Patrol program including operations and maintenance of assigned vehicles; serve as staff liaison to the City’s Public Safety Commission.

15. Manage the City’s Emergency Operations and regularly participate in training provided by the County, State, Federal agencies in preparation for unforeseen emergencies and disasters.

16. Direct and/or participate in the preparation of complex statistical and narrative reports, correspondence, and other documents, including those required by law; make presentations to City officials as required.

17. Review legislation and assure compliance with laws, regulations, statutes, and codes that impact Department operations.

18. Perform related duties as required.

MINIMUM QUALIFICATIONS
REQUIRED KNOWLEDGE, SKILLS, AND ABILITIES:

KNOWLEDGE OF:
• Municipal public works planning, designing, maintenance and construction, streets, traffic and utilities maintenance programs.
• Principles related to public buildings, and capital facilities planning and development. • Applicable City policies, laws and regulations affecting Department activities. • Principles and practices of modern public administration including planning, organizing, staffing, supervising, training and managing financial and human resources.
• Principles and practices of budgetary development, control, and administration. • Techniques and methods of preparing designs, plans, specifications, estimates and reports for proposed municipal facilities.
• Public relations practices and techniques.
• Research methods; report writing techniques; statistical concepts and methods. • Principles and techniques of project management.

ABILITY TO:
• Lead, administer, and oversee a municipal Public Works Department. • Develop and implement service-related strategic plans, policies, and procedures. • Analyze complex technical and administrative problems, evaluate alternatives, recommend solutions, and prioritize work.
• Read and interpret complex laws and regulations regarding parks and public works related. • Prepare clear and concise reports, correspondence and other written materials. • Select, lead, manage, supervise, motivate and evaluate staff and provide for their training and professional development.
• Establish and maintain cooperative working relationships with the City Council and a variety of citizens, public and private organizations, boards and commissions and city staff. • Communicate effectively, orally and in writing.
• Represent the City in a professional, effective manner. • Work well under pressure, meeting multiple and sometimes conflicting deadlines

Experience and Education:

Any combination of experience and training that would likely provide the required knowledge, skills and abilities necessary for satisfactory job performance is qualifying. A typical way to obtain the knowledge, skills and abilities would be:

Experience – Five years of increasingly responsible professional public works experience of which at least three years were in a supervisory capacity, and
Education – Bachelor’s degree from an accredited college or university in civil engineering, public administration or a related field. A Master’s degree is highly desirable.

Special Requirements:

Possession of a valid California Class C driver’s license and good driving record.

Physical Requirements and Environmental Conditions:

The physical demands described below are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions on a case-by-case basis. There is frequent need to sit, stand, stoop, walk, and perform other similar actions during the course of the workday. Incumbents require sufficient mobility to work in an office and field setting. Position requires continuous moderate or occasional heavy physical activity. Work involves exposure to hazardous substances, potentially dangerous situations, and unpleasant work conditions such as adverse weather conditions. Incumbents may operate both office and physical equipment used in the field and occasionally will transport materials and supplies weighing up to 75 pounds. Incumbents require the ability to travel to various locations; must be able to see in the normal visual range with or without correction with vision sufficient to read small print, computer screens and other printed documents; and must be able to hear in the normal audio range with or without correction..

This job specification should not be interpreted as all-inclusive. It is intended to identify essential functions and requirements of the job.

Not all incumbents may perform all duties at all times. However, incumbents must be able to perform essential duties, with or without accommodation for disability at any time while holding this position.

RESOLUTION NO. 2025-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, ADOPTING THE JOB DESCRIPTIONS

FOR SENIOR PERMIT TECHNICIAN AND SENIOR CODE

ENFORCEMENT OFFICER AND REVISING THE AUTHORIZED
POSITION LIST FOR FISCAL YEAR 2024-25 TO FUND THE

POSITIONS OF PUBLIC WORKS DIRECTOR AND SENIOR PERMIT
TECHNICIAN .

WHEREAS, it is necessary for the efficient operation of the City of Calimesa that the City Council adopt job descriptions for Senior Permit Technician and Senior Code Enforcement Officer; and
WHEREAS, it is in the best interest of City operations to fund the positions of Public Works Director and Senior Permit Technician immediately.

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

Section 1. The job description for the classification of Senior Permit Technician is hereby approved with the job requirements as reflected in Exhibit A of this Resolution.

Section 2. The job description for the classification of Senior Code Enforcement Officer is hereby approved with the job requirements as reflected in Exhibit B of this Resolution.

Section 3. The revised Authorized Position List for Fiscal Year 2024-25 is hereby adopted and incorporated herein as Exhibit C.

PASSED, APPROVED AND ADOPTED this 21st day of April 2025. ________________________________

LINDA MOLINA, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK
Attachment 9B

EXHIBIT A
Senior Permit Technician Class Specification

City of Calimesa

OFFICE OF HUMAN RESOURCES & RISK MANAGEMENT
Senior Permit Technician Job Description

DEFINITION
Under general supervision of the Building Official, supervises, assigns, reviews, and participates in the work of staff responsible for issuing building permits, processing plan review submittals, managing records, plans, and maps, and providing permit services to customers in person and over the telephone; ensures work quality and adherence to established policies and procedures; and performs the more technical and complex tasks relative to assigned area of responsibility. This position also performs minor plan checking and provides information to developers, contractors, homeowners, and other members of the public at the Building Services counter and by telephone.

DISTINGUISHING CHARACTERISTICS
This position is responsible for the overall day to day operation of the permit service counter including training and general supervision of staff. This person will also oversee the permit issuance system and will coordinate interdepartmental/division functions for workflow efficiencies.

ESSENTIAL JOB FUNCTIONS
• Plan, prioritize, assign, supervise, review, and participate in the work of staff responsible for plan revise submittal, building permit issuance and managing associated records and plans. • Perform the most technical and complex tasks of the work unit. • Establish schedules and methods for providing building permit services; identify resource needs; review needs with appropriate management staff; allocate resources accordingly • Participate in the development of goals and objectives, make recommendations for changes and improvements to existing policies and procedures; monitor work activities to ensure compliance with existing policies and procedures.
• Participate in the selection of staff, provide training, and work with employees to correct deficiencies. • Provide lead direction and support to staff as they assist the public at the Building Services counter. • Handle any difficult inquiries from contractors, architects, and the public related to regulations for building construction. Advise developers, contractors, homeowners, and other members of the public on matters pertaining to building codes, construction plan requirements, zoning regulations, municipal codes, and other information.
• Maintain records, files, and logs of plans and applications submitted. • Assist Building Official with special assignments as needed.

MINIMUM QUALIFICATIONS
Knowledge of:
• Procedures of building permit issuance.
• Knowledge of building and zoning codes.

SENIOR PERMIT TECHNICIAN
Range 215 - $5,027 - $6,416 Monthly
DEPARTMENT: Planning FLSA STATUS: NON-EXEMPT REPORTS TO: Planning Director

• Pertinent Federal, State and local laws, codes and regulations. • Modern office procedures, methods and computer equipment. • Mathematical principles.

Ability to:
• Compile and prepare accurate financial and statistical reports and logs. • Interpret and explain City building codes, policies and procedures • Plan and organize work to meet changing priorities and deadlines • Coordinate and direct building permit programs.
• Select, train, and evaluate staff.
• Recommend and implement goals.
• Understand and carry out oral and written directions. • Communicate clearly and concisely, both orally and in writing. • Work independently.
• Exercise good judgment, flexibility, and sensitivity in response to customer inquiries and complaints. • Establish and maintain cooperative working relationships with those contacted in the course of work, including City staff and the public.
• Maintain physical condition, audio-visual discrimination and perception, and mental capacity appropriate to the working conditions and the performance of assigned duties and responsibilities.

Experience and Education:

Any combination of experience and training that would likely provide the required knowledge, skills and abilities necessary for satisfactory job performance is qualifying. A typical way to obtain the knowledge, skills and abilities would be:

Experience – Four years of increasingly responsible experience processing building permits, calculating fees and issuing permits that required the interpretation and application of rules and regulations. One year of lead or supervisory experience highly desirable.

Education – Equivalent to completion of the twelfth grade supplemented by technical training in planning, plan check, building inspection or a related field..

Special Requirements:

Possession of a valid California Class C driver’s license and good driving record.

Physical Requirements and Environmental Conditions:

The physical demands described below are representative of those that must be met by an employee to successfully perform the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions on a case-by-case basis. There is a frequent need to sit, stand, stoop, walk, and perform other similar actions during the course of the workday. Incumbents require sufficient mobility to work in an office setting and operate office equipment, transport materials and supplies weighing up to 10 pounds, and to travel to various locations; must be able to see in the normal visual range with or without correction with vision sufficient to read small print, computer screens and other printed documents; and must be able to hear in the normal audio range with or without correction.

This job specification should not be interpreted as all-inclusive. It is intended to identify essential functions and requirements of the job. Not all incumbents may perform all duties at all times. However, incumbents must be able to perform essential duties, with or without accommodation for disability at any time while holding this position. 04/10/2025

EXHIBIT B
Senior Code Enforcement Officer Class Specification

City of Calimesa

OFFICE OF HUMAN RESOURCES & RISK MANAGEMENT
Senior Code Enforcement Officer Job Description

DEFINITION
Under general supervision, leads, oversees, reviews and performs inspections and investigations of buildings, vacant lots, businesses, and commercial properties pertaining to violations of the municipal codes such as the zoning ordinance, sanitary regulations, business license regulations, and the nuisance abatement ordinance; investigates complaints and reports, and building/construction regulations; performs related duties as required.

DISTINGUISHING CHARACTERISTICS
The Senior Code Enforcement Officer should be a proactive, knowledgeable, and self-motivated individual. This is a key, standalone position responsible for administering and enforcing a wide range of municipal codes and ordinances, including land use, zoning, building, signage, public nuisances, health and safety, and related regulations. As the City's only Code Enforcement Officer, they must demonstrate strong independent judgment, excellent communication skills, and the ability to manage the full scope of the City’s code enforcement program with minimal supervision. While this position does not report to a code enforcement supervisor, the City will provide access to external professional resources for consultation on complex or unusual cases.

ESSENTIAL JOB FUNCTIONS
• Demonstrates a full understanding of applicable codes, ordinances, policies, procedures and work methods regarding zoning, public nuisance, environment, health and safety, and business licensing associated with the assigned duties.
• Receives complaints pertaining to municipal and/or state codes and ordinances regarding agricultural, residential, commercial and industrial property; conducts on- site inspections. • Serves as lead officer to oversee, review, and direct work of Code Enforcement staff when the Code Enforcement Supervisor is absent.
• Conducts technical field investigations, including the most difficult or sensitive cases regarding municipal code enforcement.
• Determines existence and type of code violation; investigates and attempts to correct alleged violations of the zoning ordinance and conditioned permits; prepares cases for court proceedings of unresolved cases; testifies in court actions.
• Issues Notices of Violation, Abatement in accordance with City codes; prepares documentation, correspondence and reports regarding investigations and cases for use in prosecution; produces photographs and records of violations for purpose of evidence; conducts research of property history; represents the City before appropriate advisory and appeals boards regarding enforcement of non-compliance; prepares and presents code violation cases; assist City prosecutor in court proceedings and testifies on behalf of the City regarding code violation cases. • Investigates and provides for the removal of debris, abandoned vehicles, and hazardous materials as necessary on private property; assists the public in processing applications and answering questions concerning Code Compliance Division requirements and procedures.

SENIOR CODE ENFORCEMENT OFFICER
Range 215 - $5,027 - $6,416 Monthly
DEPARTMENT: Planning FLSA STATUS: NON-EXEMPT REPORTS TO: Planning Director

• Assists Planning staff in researching and preparing special reports and projects related to code enforcement. • Perform other related and peripheral duties as required and necessary for successful performance of this job.

MINIMUM QUALIFICATIONS
Knowledge of:

Methods, procedures and techniques used in the interpretation, application and enforcement of various zoning and subdivision ordinances, laws and standards; investigative principles and practices as applied to zoning enforcement; regulations and requirements of courts evidence; local government in general and the responsibilities and enforcement parameter of a variety of local government agencies; working knowledge of computers including word-processing techniques and professional writing; policies and procedures of City permitting process; knowledge of City, County, and State departments and their functions as related to code enforcement; basic supervisory techniques.

Ability to:

Read and interpret City codes and ordinances, zoning and subdivision laws as related to zoning enforcement; understand legal descriptions and boundary maps of real property; analyze and compile technical information on code investigations and violations; assign and review the work of others; apply investigative techniques useful in ensuring compliance with appropriate codes and ordinances; deal courteously and effectively with the public in explaining zoning requirements and procedures; communicate clearly and concisely both verbally and in writing; recognize conditions that constitute a zoning violation; read blueprints and landscaping plans as necessary; diffuse volatile situations while in the field; and work under stressful situations.

Experience and Education:

Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Code Enforcement Officer. A typical way of obtaining the required qualifications is to possess the equivalent of three (3) years of experience in code enforcement and investigation or the performance of related work, and a High School diploma or GED supplemented by college level courses in public or business administration, or a related field.

Special Requirements:
• Possession of a valid California Class C driver’s license and good driving record. • Possession of, or the ability to obtain, certification in PC-832 levels II and III within the first twelve (12) months of employment.
• Possession of certification as a Code Enforcement Officer through S.C.A.C.E.O. or other recognized Code Enforcement Association.

Physical Requirements and Environmental Conditions:

Position requires prolonged or intermittent sitting, standing, walking on level, uneven, or slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping, eye/hand coordination, and repetitive hand movement. The incumbent may frequently drive to different sites and locations; when working outdoors the incumbent may encounter extreme weather conditions, including wet, hot, cold, wind, snow, ice, and heavy vehicle traffic. The need to lift, carry, push, and pull tools, equipment and supplies weighing up to 100 pounds is required. Additionally, the position requires both near and far vision when inspecting work, operating assigned equipment and the ability to accurately perceive sounds. The noise level in the work environment is usually quiet to moderate when indoors and moderate to loud when outdoors. The incumbent may use fuel, cleaning and lubricating chemicals, which may expose the employee to fumes, dust and air contaminants. The nature of the work may also require the incumbent to climb ladders, work in confined spaces, use power and noise producing tools and equipment, work in heavy vehicle traffic conditions and often work with constant interruptions.

This job specification should not be interpreted as all-inclusive. It is intended to identify essential functions and requirements of the job. Not all incumbents may perform all duties at all times. However, incumbents must be able to perform essential duties, with or without accommodation for disability at any time while holding this position.
04/10/2025

EXHIBIT C
Revised Fiscal Year 2024-25 Authorized Position List

Funded
Position and Salary Range
Position Salary Range Funded
City Manager
City Manager Contract 1
1 City Clerk
Deputy City Manager/City Clerk 391 1
Executive Assistant/Deputy City Clerk 264 1
Administrative Assistant I 137 2
4 Finance
Finance Director 381 1
Accountant 234 1
Accounting Technician I 166 1
3 Planning
Planning Director 381 1
Senior Planner 283 1
Senior Permit Technician 215 1
3 Public Works
Public Works Director 381 1
Maintenance Superintendent 322 1
Lead Maintenance Worker 196 1
Maintenance Worker I 146 2
Maintenance Worker II 176 1
6 Fire
Fire Chief 381 1
Deputy Fire Marshal 251 1
Administrative Assistant I 137 1
Battalion Chief 251 3
Captain/EMT 232 3
Apparatus Engineer 218 3
Firefighter/Paramedic 199 6
Firefighter/EMT 178 3
Reserve Firefighter (see Note A below)
21 Total Council Authorized Positions 38
Note A: The number of reserve positions will vary. Classification will be paid a per-shift stipend.

City of Calimesa
Fiscal Year 2024-25
Authorized Position List (Revised April 21, 2025)

Unfunded
Position and Salary Range
Position Salary Range Unfunded
City Clerk
Sr. Administrative Assistant 195 1
Finance
Senior Accountant 265 1
Accounting Technician II 195 1
Planning
Planning Manager 322 1
Associate Planner 234 1
Senior Code Enforcement Officer 215 1
Planning Technician 195 1
Fire Department
Deputy Chief 288 1
Senior Permit Technician
General Services Director 371 1
Total Council Authorized Unfunded Positions 9
Full-time and Part-time Contract Services Positions
City Engineer Contract 1
Building Official Contract 1
Code Enforcement Officer Contract 1
3 Note B: The above does not include the contract with Riverside County Sheriff for Police Services Authorized Contract Services Position List (revised April 21, 2025) Funded
City of Calimesa
Fiscal Year 2024-25
Authorized Position List (Revised April 21, 2025)
City of Calimesa
Fiscal Year 2024-25

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: SCHEDULING OF BUDGET WORKSHOP, SUMMER MEETINGS OF

THE CITY COUNCIL AND CONSIDERATION OF THE POSSIBLE

CLOSURE OF CITY HALL DURING THE CHRISTMAS AND NEW
YEAR’S HOLIDAYS
MEETING DATE: April 21, 2025
PRESENTED BY: Will Kolbow, City Manager
Darlene Gerdes, Deputy City Manager/City Clerk
RECOMMENDATION: That the City Council:

1. Schedule the 2025/2026 Fiscal Year Budget Study Session for May 19, 2025 at 3:00 p.m.

2. Provide direction to staff pertaining to the 2025 summer meeting schedule.

3. Consider the closure options of City Hall for the Christmas and New Year’s Holiday.

4. Approve the cancellation of the January 5, 2026 Regular City Council meeting BACKGROUND/DISCUSSION:

FY 25/26 Budget Workshop: Staff respectfully requests that the Council schedule a 2025/2026 Fiscal Year Budget Study Session for Monday, May 19, 2025 with a start time of 3:00 p.m.

Summer Meeting Schedule: In the past few years Council has approved the cancellation of one or more regularly scheduled Council Meetings for the summer months of June, July, August and September. In 2024 the summer meeting schedule resulted in the cancellation of the first meeting in July and the first meeting in September. Staff would like to receive Council direction for modifications to the 2025 summer meeting schedule. The regular City Council meeting schedule for 2025 is as follows:

Monday, June 2
nd Monday, July 7th
Monday, August 4
th
Tuesday, September 2nd
Monday, June 16
th Monday, July 21st
Monday, August 18
th
Monday, September 15
th

Public Hearings will be noticed for the July 21st meeting for the Annual Assessments of the CFD’s LLMD, Delinquent Solid Waste and Weed Abatement. The County of Riverside’s deadline for the submittal of annual assessments is August 8, 2025, so holding the August 4, 2025 meeting is important in case there is a need to continue any of the July 21st public hearings. Staff would respectfully request that the Mayor and Council discuss the options and provide direction to staff. Last year the 1st meeting in July and the 1
st meeting in September were cancelled.

Christmas/New Year’s Holiday City Hall closure options: Staff would also respectfully request that the City Council consider options for closure of City Hall during the Christmas and New Year’s holiday.

Pursuant to the approved holiday schedule, Christmas Eve, Christmas Day and New Year’s Eve and New Year’s Day fall on Wednesdays and Thursdays this year providing for the following closure options:

Option 1: Closure of City Hall from December 24, 2025 – January 4, 2026, returning to an open status on Monday, January 5, 2026.

Option 2: Closure of City Hall consistent with the paid holidays of December 24th and 25th and December 31st and January 1st. This would allow for Monday’s and Tuesday’s of each of the two weeks being open for business.

During approved closures, employees utilize their leave balances for the days approved for closure beyond the paid holidays provided to the employees.

History has shown a minimal amount of public assistance at this time, whether it be walk-in traffic or telephone assistance. A member of the Public Works staff will be on-call during this time and available for any issue that may require attention, and as always department heads would be available through the City Manager as needed. If any of the above-referenced closure options are approved, there would be a sufficient amount of time for posting the closure on our website and social media, as well as on both the City Hall and Community Development Annex doors.

Christmas/New Year’s Holiday meeting schedule: As in past years it is staff’s request to cancel the first meeting in January. If the January 5, 2026 meeting is cancelled, then the first meeting of the New Year would take place on Tuesday, January 20, 2026, as Monday January 19, 2026 is the Martin Luther King Holiday.

Attached to this report are calendars that indicate the various options for closure suggested above.

ATTACHMENTS:

Attachment A: Calendars of various options for closure

December/January 2025/2026
City Hall Closure option 1 – Employees will utilize their leave balances for the days approved beyond the paid holidays provided to employees. Employees will need to use 20 hours of any available leave balances for this option Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 City Council Meeting
2 3 4 5
Friday Closed
6 7 8 9 10 11 12
Friday Closed
13 14 15
City Council Meeting
16 17 18 19
Friday Closed
20 21 22 23 24
Christmas Eve
25 Christmas Day
26 Friday Closed
27 28 29 30 31
New Year’s Eve
1 New Year’s Day
2 Friday Closed
3 Attachment 10A

December/January 2025/2026
City Hall Closure option 2 – Employees will not need to utilize their leave balances, as the days approved do not go beyond the paid holidays provided to employees.

Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 City Council Meeting
2 3 4 5
Friday Closed
6 7 8 9 10 11 12
Friday Closed
13 14 15
City Council Meeting
16 17 18 19
Friday Closed
20 21 22 23 24
Christmas Eve
25 Christmas Day
26 Friday Closed
27 28 29 30 31
New Year’s Eve
1 New Year’s Day
2 Friday Closed
3

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: LETTERS OF SUPPORT & OPPOSITION FOR VARIOUS STATE

LEGISLATIVE BILLS
MEETING DATE: April 21, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council:

1. Approve a Letter of Opposition to Senate Bill 79 (Wiener) to be signed by the Mayor on behalf of the City Council.

2. Approve a Letter of Opposition to Senate Bill 634 (Pérez) to be signed by the Mayor on behalf of the City Council.

3. Approve a Letter of Support for Assembly Bill 650 (Papan) to be signed by the Mayor on behalf of the City Council.

4. Approve a Letter of Support for Assembly Bill 1476 (Wallis) to be signed by the Mayor on behalf of the City Council.

BACKGROUND: Currently, thousands of bills have been authored and are beginning their journey through California legislative process. The League of California Cities (CalCities) actively monitors various bills that may impact cities. Additionally, City staff monitors other bills they may have impacts on the City. CalCities and staff have identified several bills that they recommend cities take action to either support or oppose.

DISCUSSION:

Senate Bill 79
Senate Bill 79 (SB 79), authored by Senator Scott Wiener, proposes to grant transit agencies unprecedented authority to develop land they own or have an easement on, regardless of its proximity to transit stops. This bill would allow transit agencies to override local zoning and planning regulations, enabling them to develop projects, including residential, commercial, or mixed-use, without any requirements for affordable housing, community input, or environmental review.

SB 79 represents a significant overreach by the state government, stripping local governments of their ability to shape the growth and character of their own communities. Local control is essential for ensuring that development aligns with the specific needs and preferences of our residents. The bill would force local jurisdictions to approve projects up to seven stories high and at densities of up

to 120 units per acre, irrespective of local general plans, state-certified housing elements, or community-specific considerations.

SB 79 does not mandate that any housing, affordable or otherwise, be built on transit agency-owned lands. This omission fails to address California's critical need for affordable housing and undermines the goal of increasing housing supply in a meaningful way.

The bill bypasses essential processes for community engagement and environmental review. These processes are vital for ensuring that development projects are sustainable, environmentally sound, and reflective of community values. State-driven ministerial, or by-right, housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

While Calimesa currently does not have land owned by a transit agency, the passage of SB 79 sets a concerning precedent for future legislation that could further erode local control over land use decisions. It is part of a broader trend of state legislation that undermines the autonomy of local governments.

Approving the letter opposing SB 79 is crucial for preserving local control over land use decisions and ensuring that development in Calimesa aligns with the needs and values of our community. The City Council is urged to take a stand against this overreaching legislation and advocate for solutions that respect local authority and promote meaningful community engagement.

Senate Bill 634
Senate Bill 634 (SB 634), introduced by Senator Sasha Renée Pérez, seeks to prohibit local jurisdictions from adopting or enforcing ordinances that impose civil or criminal penalties on individuals experiencing homelessness. The bill aims to protect the rights of unhoused individuals by preventing punitive measures that could exacerbate their situation. The City of Calimesa, along with many other cities across California, has been actively working on compassionate, communitydriven approaches to address homelessness while maintaining clean, safe, and accessible public spaces for all residents. The City has recently adopted ordinances that balance compassion for the unhoused with the needs of residents to be safe in their own communities.

The League of California Cities (Cal Cities) has expressed strong opposition to SB 634, highlighting several key concerns that are relevant to the City of Calimesa. According to the League, SB 634 would severely limit cities' ability to respond to the growing homelessness crisis in a balanced manner. The primary points of opposition include:
• Undermining Local Authority: SB 634 would strip local governments of their authority to adopt or enforce ordinances that address homelessness through civil or criminal penalties.

This limitation undermines the tools developed by local governments, including recently adopted ordinances by the City of Calimesa, to manage public spaces effectively. • Legal and Safety Concerns: By eliminating enforcement mechanisms, SB 634 would expose cities to increased legal liability. Business owners and disability rights advocates

have sued cities over encampments that block access to businesses and public spaces.

Without enforcement tools, cities would struggle to address these urgent health and safety concerns.
• Conflict with State Directives: SB 634 directly contradicts the Governor’s November 2024 Executive Order, which encourages cities to adopt policies to address encampments or risk losing state homelessness funding. The bill would hinder cities' ability to comply with this directive and jeopardize state funding.
• Impact on Public Health and Safety: The inability to enforce basic public safety regulations would compromise the health, safety, and welfare of the broader community. The City of Calimesa has a responsibility to respond to health and safety concerns, including blocked sidewalks, business access issues, and environmental hazards resulting from unmanaged encampments.
• Progress Made by Local Governments: SB 634 disregards the significant progress made by local governments in creating balanced solutions that address both the needs of unhoused individuals and the rights of the general public to safe, accessible public spaces. The U.S.

Supreme Court’s decision in Johnson v. Grants Pass has affirmed the authority of local governments to implement reasonable enforcement strategies, and SB 634 undermines this legal clarity.

In light of these concerns, staff recommends that the City Council approve the Letter of Opposition to SB 634 to maintain its ability to protect public health and safety while continuing to support compassionate solutions for the unhoused.

Assembly Bill 650
Assembly Bill 650 (AB 650), authored by Assemblymember Diane Papan and sponsored by CalCities, would allow local governments to begin the housing element update process six months early, provide greater certainty and reduce ambiguity in the housing element review process, and ensure that local governments have adequate time to respond to the California Department of Housing and Community Development’s (HCD) review letters.

AB 650 would help ensure that local jurisdictions have the necessary resources, feedback, and time to site and plan for housing within their jurisdictions, as required by state law. Specifically, AB 650 would:
• Allow local jurisdictions to begin the housing element update process six months early. • Require HCD to provide specific text and analysis that must be included in the housing element to remedy identified deficiencies.
• Ensure that local jurisdictions are not penalized when HCD identifies additional deficiencies not previously identified in prior review letters
The City had to go through a number of reviews before receiving certification from HCD. This process was frustrating since new comments would pop up in subsequent reviews that did not show

up before, and guidance from HCD was inconsistent due to HCD staff turnover. This bill will hold HCD accountable to make the process fairer to cities.

Assembly Bill 1476
Assembly Bill 1476, authored by Assemblymember Greg Wallis and sponsored by the City of Calimesa, would expand existing programs that support nutrition assistance for seniors to include hot meals or meals made available for pick-up. This is a follow up bill to Assembly Bill 2410 (Wallis) which was also sponsored by the City of Calimesa. Unfortunately, AB 2410 died in the Assembly Appropriations Committee last year.

AB 1476 would allow grab-and-go meals as an option under the Senior Nutrition Program. As the Council is aware, the City previously had a very successful grab-and-go program that had to be discontinued earlier this year due to a combination of lack of legislation to allow such a program and insufficient grant funding. The grab-and-go meal program was established as a result of COVID-19 restrictions and proved to be successful, serving 160 seniors per week. AB 1476 would not require the City to switch from congregate meals to grab-and-go meals, but it would allow the option to do so. Given the City’s involvement in the drafting of this legislation, it is recommended that the City Council approve the attached Letter of Support for AB 1476.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: Letter of Opposition to SB 79
Attachment B: Letter of Opposition to SB 634
Attachment C: Letter of Support for AB 650
Attachment D: Letter of Support for AB 1476

City of Calimesa
908 Park Avenue, Calimesa, California 92320
Telephone 909.795.9801 Facsimile 909.795.4399
www.calimesa.gov
“Preserving and enhancing the open space atmosphere and quality of life in Calimesa” April 21, 2025
The Honorable Scott Wiener
Senator, California State Senate
1021 O St, Suite 8620
Sacramento, CA 95814
RE: SB 79 (Wiener) Transit-oriented Development
Notice of OPPOSITION
Dear Senator Wiener,
The City of Calimesa writes to express our strong opposition to your SB 79 (Wiener), which would disregard state-certified housing elements and bestow land use authority to transit agencies without any requirement that developers build housing, let alone affordable housing.

SB 79 doubles down on the recent trend of the state overriding its own mandated local housing elements.

This latest overreaching effort forces cities to approve transit-oriented development projects near specified transit stops — up to seven stories high and a density of 120 homes per acre — without regard to the community's needs, environmental review, or public input.

While the City of Calimesa currently does not have land owned by a transit agency, the passage of SB 79 sets a concerning precedent for future legislation that could further erode local control over land use decisions. It is part of a broader trend of state legislation that undermines the autonomy of local governments.

Most alarmingly, SB 79 defies cities’ general plans and provides transit agencies unlimited land use authority on property they own or have a permanent easement, regardless of the distance from a transit stop. Transit agencies would have the power to determine all aspects of the development including height, density, and design, without any regard to local zoning or planning.

This broad new authority applies to both residential and commercial development. Transit agencies could develop 100% commercial projects — even at transit stops — and not provide a single new home, while simultaneously making the argument that more housing must be constructed around transit stops.

City of Calimesa appreciates and respects your desire to pursue a housing production proposal.

However, as currently drafted, SB 79 will not spur much-needed housing construction in a manner that supports local flexibility, decision-making, and community input. State-driven ministerial or by-right Attachment 11A

housing approval processes fail to recognize the extensive public engagement associated with developing and adopting zoning ordinances and housing elements.

California will never produce the number of homes needed with an increasingly state-driven, by-right housing approval process. What we really need is a sustainable state investment that matches the scale of this decades-in-the-making crisis. For these reasons, the City of Calimesa strongly opposes SB 79.

Sincerely,
Linda Molina
Mayor
City of Calimesa
cc. Senator Rosilicie Ochoa Bogh
Assemblymember Greg Wallis
Jesse Ramirez, Public Affairs Manager, Riverside County Division, CalCities (via email) League of California Cities, [email protected]

City of Calimesa
908 Park Avenue, Calimesa, California 92320
Telephone 909.795.9801 Facsimile 909.795.4399
www.calimesa.gov
“Preserving and enhancing the open space atmosphere and quality of life in Calimesa” April 21, 2025
The Honorable Maria Elena Durazo
Chair, Senate Local Government Committee
California State Capitol, Room 407
Sacramento, CA 95814
RE: SB 634 (Pérez) Homelessness: civil and criminal penalties Notice of OPPOSITION (As Amended 03/26/25)
Dear Senator Durazo,
The City of Calimesa must respectfully oppose SB 634 (Pérez), which would prohibit local jurisdictions from adopting or enforcing ordinances to address homelessness. While we recognize the bill’s intent, SB 634 would severely limit cities' ability to respond to the growing homelessness crisis in communities across California.

Cities are implementing balanced approaches that protect both the rights of individuals experiencing homelessness and the broader community’s needs for clean, safe, and accessible public spaces. SB 634 hinders this progress by prohibiting local governments from adopting any regulation, policy, or guidance that imposes civil or criminal penalties on a person experiencing homelessness. By eliminating all enforcement mechanisms, SB 634 gives people the right to stand, sit, lay, sleep, or put up a tent in any public place.

The City of Calimesa recently adopted ordinances to limit encampments in the City. Law enforcement has effectively used these new ordinances to create a safer environment for our residents. SB 634 would undo the progress we have made in this area for our residents and businesses.

Cities have been sued by business owners for allowing encampments to block access to businesses and by disability rights advocates over encampments that have obstructed sidewalks and public spaces.

Without the ability to use civil or criminal enforcement remedies, cities would face increased legal liability and more importantly, have no meaningful way to respond to urgent health and safety concerns. The City of Calimesa recognizes that we must remain focused on connecting unhoused residents to housing and services, but cities also need basic tools to meet their legal obligations and protect public spaces.

SB 634 also directly contradicts cities’ efforts to address encampments in response to the Governor’s November 2024 executive order. The order directed state departments and agencies to adopt policies to address homeless encampments on state properties and encouraged local governments to adopt similar policies or risk losing access to state homelessness funding. Cities want to help the state to realize our Attachment 11B

shared vision of reducing homelessness and supporting our most vulnerable residents. However, SB 634 leaves cities without any enforcement tools, hindering cities' ability to carry out the Governor’s directive and jeopardizing state funding cities receive to address homelessness.

Local jurisdictions are already working within a complex and evolving legal landscape, including recent federal court decisions like Johnson v. Grants Pass, which clarified constitutional limits on how cities can address homelessness through enforcement actions. In response to the Grants Pass ruling, the Governor stated:
“Today’s ruling by the U.S. Supreme Court provides state and local officials the definitive authority to implement and enforce policies to clear unsafe encampments from our streets. This decision removes the legal ambiguities that have tied the hands of local officials for years and limited their ability to deliver on common-sense measures to protect the safety and well-being of our communities.” SB 634 directly undermines this decision by stripping local governments of the authority to tailor enforcement strategies to their unique circumstances. It also disregards the years of legal effort cities have invested to gain the clarity now provided by the Court.

The City of Calimesa urges the Legislature to support policies that empower local governments to act with compassion and urgency — not tie their hands behind their backs. SB 634 does not reflect the nuanced, community-led solutions that are showing promise across the state. For these reasons, the City of Calimesa must oppose SB 634 (Pérez).

Sincerely,
Linda Molina
Mayor
City of Calimesa
cc. Senator Rosilicie Ochoa Bogh
Assemblymember Greg Wallis
Jesse Ramirez, Public Affairs Manager, Riverside County Division, CalCities (via email) League of California Cities, [email protected]

City of Calimesa
908 Park Avenue, Calimesa, California 92320
Telephone 909.795.9801 Facsimile 909.795.4399
www.calimesa.gov
“Preserving and enhancing the open space atmosphere and quality of life in Calimesa” April 21, 2025
The Honorable Diane Papan
Member, California State Assembly
1021 O Street, Suite 4220
Sacramento, CA 95814
RE: AB 650 (Papan) Planning and Zoning: Housing Element: Regional Housing Needs Allocation.

Notice of SUPPORT (As of 3/28/25)
Dear Assemblymember Papan,
The City of Calimesa is pleased to support your measure AB 650 (Papan), which would allow local governments to begin the housing element update process six months early, provide greater certainty and reduce ambiguity in the housing element review process, and ensure that local governments have adequate time to respond to the California Department of Housing and Community Development’s (HCD) review letters.

Since 1969, California’s local governments have planned and selected sites for housing at all income levels through the housing element portion of a local government’s general plan. Every five to eight years, local governments are required to adopt a blueprint outlining where developers can or cannot build residential developments within their respective communities and obtain certification from HCD. Local governments plan for their fair share of housing development as determined through the Regional Housing Needs Allocation (RHNA) process. As part of this complex process, local governments submit in their housing elements a variety of essential data, actions, and programs to promote fair, equitable, and affordable housing in their community. Currently, local jurisdictions are planning and zoning for nearly

2.5 million additional homes statewide.

During the 6th RHNA cycle, local governments experienced various challenges in obtaining certification from HCD. Some of the challenges include a short timeline for completing these complex documents and responding to HCD’s feedback, a lack of clarity regarding what the state expects from local governments when reviewing additional housing element drafts, and the introduction of new requirements late in the housing element review process.

AB 650 would address these issues by allowing local governments to begin updating their housing element six months early. The bill would also require HCD to provide specific text and analysis that must be included in the housing element to remedy deficiencies, ensuring that local governments are not penalized when HCD identifies additional deficiencies not previously identified in prior review letters.

Attachment 11C

The City of Calimesa struggled to achieve certification during the 6th RHNA cycle. It took the City nearly three years to receive its certification and dealt with inconsistent applications of housing law, turnover and inexperienced staff, and new comments on items previously not brought in preceding reviews. The City of Calimesa believes AB 650’s changes will result in an easier to follow process.

For these reasons, the City of Calimesa is pleased to support your measure AB 650 (Papan).

Sincerely,
Linda Molina
Mayor
City of Calimesa
cc. Senator Rosilicie Ochoa Bogh
Assemblymember Greg Wallis
Jesse Ramirez, Public Affairs Manager, Riverside County Division, CalCities (via email) League of California Cities, [email protected]

City of Calimesa
908 Park Avenue, Calimesa, California 92320
Telephone 909.795.9801 Facsimile 909.795.4399
www.cityofcalimesa.net
“Preserving and enhancing the open space atmosphere and quality of life in Calimesa” April 21, 2025
The Honorable Dr. Jasmeet Bains, Chair, Committee on Aging and Long-term Care 1020 N Street, Room 153
Sacramento, CA 95814
RE: Letter of Support for Assembly Bill 1476 (Wallis)
Dear Assemblymember Bains:

On behalf of the City Council of the City of Calimesa, I support Assembly Bill 1476 (AB 1476), authored by Assemblymember Greg Wallis, related to senior citizen meal programs. This bill would allow the continuance of the City’s successful grab-andgo meal program, which became a lifeline for hundreds of seniors in Calimesa and the greater San Gorgonio Pass region.

The COVID-19 pandemic was devastating on many fronts, and it forced both the public and private sectors to quickly pivot the way they do business. In this process, we discovered new and innovative ways to deliver services to our residents. In our rush to return to a pre-pandemic world to achieve some normalcy, there have been calls to return to pre-pandemic business practices. However, in the haste to achieve that normalcy, we should not forget the lessons learned in service delivery and, with it, the need to retain the processes that improved how we serve the public.

The Senior Meal Program at the City of Calimesa Senior Center is an excellent example of the pandemic forcing a change in a program which resulted in something much better than had existed before. When the pandemic hit and our large senior community, many of which are on fixed incomes, needed alternatives to get their required nutrition, Family Services Association (FSA) instituted a grab-and-go meal program, wherein our seniors could pick up, without leaving their vehicle, nutritionally balanced meals. Initially, the program attracted approximately 60 participants, far exceeding our usual attendance of 10-15 for our congregate meals, which was the extent of our meal program prior to the pandemic. The program grew to 230 participants, with about 160 people being served every week. Many seniors in the region, not just in Calimesa, came to rely on this program as a lifeline. Additionally, as our senior center re-opened for in-person activity, we have seen tremendous increases in participation for our senior programs, including bingo, arts and crafts, and our very popular Fit After 50. Many of our new patrons learned of our programs because of their participation in the grab-and-go program since they would not have otherwise come to our center.

Unfortunately, due to lack of legislation and budgetary constraints, the grab-and-go program was discontinued this past February. Since then, our Senior Center has returned to congregate meals. The turnout has increased slightly compared to prepandemic, but we are serving far less seniors than we did under the grab-and-go program.

AB 1476 would allow the City of Calimesa’s grab-and-go program to resume, as well as other similar programs throughout the state that have had similar success. This will allow greater flexibility in our ability to serve our senior community. I urge the Committee on Aging and Long-term Care to approve AB 1476 and support its passage in the full Assembly.

Thank you in advance for your support and consideration of this important legislation for our community.

Sincerely,
Linda Molina, Mayor, City of Calimesa
Attachment 11D

City Council Meeting
Agenda Report
Agenda Item No. 12
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 410,

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CALIMESA, CALIFORNIA AMENDING SECTIONS 9.05.030,

9.05.040, 9.05.050, 9.05.090, 9.05.100, 9.05.110, 9.05.120,

9.05.140 AND 9.05.180 OF THE CALIMESA MUNICIPAL CODE

RELATED TO THE MOBILE HOME PARK RENT STABILIZATION

PROGRAM PERTAINING TO THE IMPLEMENTATION OF A

HEARING OFFICER PROCESS AND REPEAL OF THE MOBILE
HOME RENT STABILIZATION BOARD.

MEETING DATE: April 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt first reading, by title only, Ordinance No. 410,

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA AMENDING SECTIONS 9.05.030, 9.05.040, 9.05.050, 9.05.090, 9.05.100, 9.05.110, 9.05.120,

9.05.140 AND 9.05.180 OF THE CALIMESA MUNICIPAL CODE RELATED TO THE MOBILE

HOME PARK RENT STABILIZATION PROGRAM PERTAINING TO THE IMPLEMENTATION OF

A HEARING OFFICER PROCESS AND REPEAL OF THE MOBILE HOME RENT STABILIZATION BOARD.

BACKGROUND/DISCUSSION: On March 17, 2025, the City Council directed the issuance of a Request for Proposals seeking Mobile Home Rent Stabilization Hearing Officer services in place of the Mobile Home Rent Stabilization Board processes. Council further directed that the appeal process remain as it is with the City Council serving as the appeal body from decisions of the hearing officer. Amendments are necessary to the Municipal Code to replace the provisions related to the Mobile Home Park Rent Stabilization Board process with procedures for appointment of hearing officers and the conduct of evidentiary hearings before a hearing officer, and therefore a draft redlined version of Ordinance No. 410 is provided as Attachment A amending sections:
• Section 9.05.030 - Definitions
• Section 9.05.040 - Mobile Home Rent Stabilization Board • 9.05.050 - Powers and duties
• 9.05.090 - Rent increase based on capital improvements • 9.05.100 - Rent increase to provide a reasonable return • 9.05.110 - Petition for rent increase to provide a reasonable return • 9.05.120 – Appeal

• 9.05.140 - Prevailing park owner petition for recovery of petition costs incurred before the board in connection with special rent increase petition • 9.05.180 - Administrative costs.

Upon Approval, the Ordinance will take effect 30 days from the date of second reading that will occur at the May 5, 2025 meeting. Staff will return with revisions to the Administrative Rules at a future meeting.

FISCAL IMPACT: There is no fiscal impact as a result of this item.

ATTACHMENTS:

Attachment A: Draft redlined Ordinance No. 410.