Calimesa City Council
July 21, 2025

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City Council Meeting
Agenda Report
Agenda Item No. 14
SUBJECT: UPDATE TO COMPUTER USE POLICY INCLUDING ARTIFICIAL

INTELLIGENCE POLICY
MEETING DATE: July 21, 2025
PREPARED BY: Will Kolbow, City Manager
Darlene Gerdes, Deputy City Manager/City Clerk
RECOMMENDATION: That the City Council adopt Resolution 2025-33, A Resolution of the City Council of the City of Calimesa, California, Repealing and Replacing the City’s Computer Use Policy.

BACKGROUND: At the April 7, 2025, City Council meeting, Councilmember Cundieff asked that staff be directed to propose a policy regarding the use of Artificial Intelligence (AI). The City of Calimesa’s existing Computer Use Policy was adopted in 2011, prior to the significant expansion in both the use of AI technologies and modern communication platforms in the public sector. While the current policy addresses core aspects of technology use, including internet access, email, social media, and system integrity, it does not contemplate the emergence of AI systems or current best practices in safeguarding City resources in a rapidly evolving digital environment.

DISCUSSION: Staff has prepared an updated Computer Use Policy that retains the foundational elements of the existing policy but modernizes language, clarifies expectations, and, most significantly, adds a new section governing the responsible use of Artificial Intelligence (AI). The update is the product of an internal review conducted by the City Manager and City Attorney, with reference to best practices from other California municipalities and emerging public sector guidance.

Key updates include:
• Modernized Language and Scope: The updated policy broadens the scope of applicability to include not only City employees but also contractors, consultants, volunteers, elected officials, and others with access to City technology resources, whether onsite or remote.
• AI Governance Policy: A comprehensive AI section has been added, including:
o Permissible and prohibited AI use cases;
o Risk-based guidance for common tasks (e.g., memo and staff report writing, image generation, document summarization);
o Requirements for disclosure, fact-checking, and public records compliance; and o Security restrictions limiting use to City-approved AI platforms only.

• Integration with the City’s Social Media Policy: The revised policy references and aligns with the City’s separately adopted Social Media Policy, particularly in cases where AI-generated content is used for public communication.
• Privacy, Security, and Records Retention Updates: The policy strengthens requirements related to password management, data storage, remote access, and employee responsibilities regarding confidential information and the California Public Records Act.

The updated policy ensures that City staff are positioned to use AI and other evolving digital tools effectively and ethically, while mitigating operational, legal, and reputational risks.

FISCAL IMPACT: None
ATTACHMENTS:

Attachment A: Resolution 2025-33
Attachment B: Updated Computer Use Policy

RESOLUTION 2025-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA, REPEALING AND REPLACING THE CITY’S COMPUTER USE POLICY
WHEREAS, the City Council has identified the need for improved security for the use of the City’s computers and in the use of information technologies available to the City; and WHEREAS, the City’s use of information technology is an important component in the operation of the City and that proper use, limitations and restrictions on how information technology is used has become more important over the years; and WHEREAS, City officials, employees, volunteers, contractors and consultants who use the City’s information technology need to be informed, educated and required to comply with generally acceptable standards so as to protect the City, themselves and the information gained and stored through computers and other forms of information technology; and WHEREAS, the City Council originally adopted a Computer Use Policy via Resolution 2011-21 on June 20, 2011, and has not been updated since that time; and WHEREAS, technology has changed dramatically in the past fourteen years, including the emergence of Artificial Intelligence, necessitating an update to the Computer Use Policy.

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

Section 1. Resolution 2011-21 is hereby rescinded.

Section 2. The Computer Use Policy attached hereto, and marked “Exhibit A,” is hereby adopted.

Section 3. The City Clerk shall certify to the adoption of this Resolution which shall become effective immediately upon its adoption.

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

LINDA MOLINA, MAYOR
ATTEST:
___________________________________

DARLENE GERDES, CITY CLERK

EXHIBIT “A”

COMPUTER USE POLICY
(following pages)

City of Calimesa

COMPUTER USE POLICY

1. Purpose
This policy is designed to protect the security, integrity, and responsible use of the City of Calimesa's electronic communication systems, information resources, and emerging Artificial Intelligence (AI) technologies. It provides comprehensive guidelines to ensure that City authorized users, as described below, use these systems appropriately, ethically, and in accordance with evolving legal standards and best practices. This policy modernizes the City's technology use standards and integrates a detailed AI governance structure, aligned with industry and public sector guidance.

This policy applies to all City employees, contractors, consultants, volunteers, elected officials, and any other individuals granted access to the City’s computer systems, networks, or AI platforms, whether those systems are accessed onsite or remotely (authorized users).

The City retains full ownership and oversight of all data, communications, files, system settings, and any information processed on City-owned equipment, networks, or AI systems. The City Manager may inspect, monitor, and audit any use of these systems at any time without prior notice. As legally permissible, authorized users should have no expectation of privacy when using City resources, including AI platforms.

All authorized users are responsible for adhering to this policy, completing required training on computer and AI system use, and staying informed about periodic updates from the Technology Department.

An authorized user who violates any aspect of this policy may be subject to disciplinary action including revocation of certain system privileges or termination.

2. Personal Use
Incidental personal use of City computer equipment is permitted, provided it does not interfere with work responsibilities, compromise system integrity, or take place during work hours. Only authorized users may use City equipment. Personal peripherals may be connected to City systems only with prior approval from the Technology Department.

Authorized users shall not permit unauthorized persons to use City equipment. Personal files stored on City equipment must not exceed 50 MB and must not include copyrighted material such as music or movies. City equipment must not be used for personal business, political activities, or activities inconsistent with City purposes.

3. Software, Hardware, and System Integrity
The City provides all necessary software and hardware. Unauthorized software, downloads, or hardware installations are prohibited. The Technology Department may remove unapproved software without notice. Requests for additional software or hardware must be submitted for approval. Downloading files, programs, or media from the Internet without explicit approval is not permitted.

4. Email and Social Media
City email accounts must be used primarily for City business. Limited personal use is allowed if it does not interfere with work. Sensitive or confidential information, including medical records, legal communications, or disciplinary documentation, must not be transmitted via email. City business conducted on social media must comply with the City’s Social Media Policy, which is maintained separately.

An authorized user’s personal email (and other personal documents) accessed via a City computer could be considered “public” data and may not be protected by privacy laws.

Personal email and computer use may be monitored as directed by the City Manager and without notice to the employee. As legally permissible, authorized users should not expect privacy in any activity conducted on a city-owned computer.

The following policies relate to both business and personal email content sent from a City computer:
▪ Use common sense and focus primarily on using email for City business. Never transmit an email that you would not want your boss or other employees to read, or that you’d be embarrassed to see in the newspaper.
▪ Do not open email attachments or links from an unknown sender. Delete junk or “spam” email without opening it if possible, do not respond to unknown senders. ▪ Do not gossip or include personal information about yourself or others in an email. ▪ Do not use profane or harassing language, including sexually harassing language or any remarks including insensitive language or derogatory, offensive or insulting comments or jokes in an email.
▪ All emails must comply with all City policies, including those related to respectful workplace, harassment prevention and workplace violence.

5. Document Storage and Record Retention
Official records must be retained according to the City’s records retention schedule and the California Public Records Act.

All City records, including those created on personal or remote devices, must be stored on the City network. City records must not be stored exclusively on personal devices.

The following are some general guidelines that may be useful to consider:
▪ Electronic communication that constitutes an official record of City business must be kept in accordance with all records retention requirements and should be copied to appropriate network files for storage.
▪ City-related documents that an authorized user creates on their home computer or any other computer system should be copied to the City’s network files. ▪ Personal documents or electronic communications entirely unrelated to City business should be stored separately from other materials.

If you are unsure how an electronic communication or other document should be handled, check with your supervisor, the city clerk, or the designated responsible authority for data practices. If you are unsure on how to create an appropriate file structure for saving and storing electronic information, contact the Technology Department.

Transferring data and documents between computer systems sometimes requires information to be stored on external storage media. These items can also be used to transmit computer viruses or other items harmful to the City’s computer network.

The City has installed anti-virus software on each computer to protect against these threats by automatically scanning storage media for viruses and similar concerns.

The anti-virus software provides automatic updates that will be completed by the Technology Department.

6. Internet
The City provides Internet access to authorized users for work on city business.

Authorized users may use this access for work-related matters in a professional manner.

Occasional personal use of the Internet is acceptable within the bounds of all City policies.

The following considerations apply to all uses of the Internet whether business related or personal:
▪ There is no quality control on the Internet. All information found on the Internet should be considered suspect until confirmed by another source.

▪ Internet use during work hours must be limited to subjects directly related to job duties.
▪ Personal use of the Internet during non-work hours (breaks, lunch hour, before or after work) is permitted. However, authorized users may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races or religions, or in manners that otherwise violate City policies related to respectful workplace and harassment prevention. If you are unsure whether a site may include inappropriate information, you should not visit it.
▪ No software or files may be downloaded from the Internet unless approved in advance by the Technology Department.
▪ Use of the internet for any purpose by authorized users may be monitored by the City for the purpose of ensuring compliance with this or any other City policy.

7. Passwords and Physical Security
Authorized users must use strong passwords. Passwords must be at least eight (8) characters long and include both lower and upper case characters, at least one number and at least one non-alpha-numeric character (e.g., *, &, %, etc.). The computer system will prompt employees to update passwords every three months. Authorized users must change passwords when prompted. Computers must be locked when unattended, and City equipment must be secured at all times, including during travel or offsite work.

8. Remote Access
Remote access to City systems is restricted to authorized individuals and must follow security protocols established by the Technology Department. Non-exempt employees require temporary remote access approval from their supervisor, the City Manager, and the Technology Department.

Authorized individuals with remote access privileges will be given specific instructions from the Technology Department about how to protect City equipment and information resources. If you have any questions about remote access to the City’s network, check with the Technology Department.

9. Reporting Technology Issues
Authorized users must immediately report any system malfunctions, security breaches, or suspicious activity to the Technology Department.

10.Artificial Intelligence (AI) Use Policy
The City supports the responsible use of AI to improve efficiency, but its use must be carefully governed. Below are non-exclusive lists of examples of permissible and prohibited AI uses.

Examples of Permissible AI Uses:
• Drafting reports and documents for internal review
• Summarizing non-confidential public information
• Generating illustrative images for City presentations • Assisting with non-sensitive data analysis
Examples of Prohibited AI Uses:
• Processing confidential or protected information
• Making final employment, legal, or service decisions
• Generating fake audio, video, or visual likeness of any specific person or persons • Developing software code without prior approval
• Performing language translations for official purposes without human verification a. Transparency and Accountability
All AI-generated content must be fact-checked by authorized users before use. Significant AI contributions must be disclosed. Example: “This document was prepared with the assistance of an AI platform and has been reviewed and fact-checked by City staff.” All images and videos created with AI must cite the AI used, with attribution embedded in each frame, even if the content is later edited.
b. Public Records and Data Protection
AI interactions may be subject to the California Public Records Act and should be treated as public records. Authorized users must not submit personal, sensitive, or protected City data to AI platforms unless explicitly authorized by the Technology Department. c. Platform Approval and Use Restrictions
Only Technology Department-approved AI platforms may be used. The use of unvetted AI systems is strictly prohibited.

d. Public Disclosure and Security
Information provided to AI platforms may not be secure. Authorized users must assume that all AI submissions could become public and must avoid disclosing any data that would harm the City or its constituents if released.
e. Ongoing Training and Review
The Technology Department will regularly update AI guidelines to reflect advancements in technology, legal requirements, and industry best practices. Authorized users will be required to complete periodic training on responsible AI use. f. Examples of AI Use Cases by Risk Level
General rule: If the information exchanged with an AI system would be harmful to a person or community if made public, it is a high or prohibited risk. Services like ChatGPT have been compromised in the past and leaked personal information. Until private applications with higher security are deployed in the City, all information exchanged with AI has a reasonable risk of being compromised.

Risk Level Category Examples and Comments
Prohibited Programming or
coding
Code generated by an AI may be outdated,
copyrighted, have identified vulnerabilities, or
rely on other code that no longer works. The
generated code is not cited to a date (like a stack
overflow post would be), so it is unclear when the
code would have been good.

Prohibited Evaluations and
Decisions
AI shall not be used to determine highly sensitive
decisions such as an individual’s health plan,
evaluation, conviction of a crime, or admissions
to a program.

Prohibited Language
Translation
Existing translation AI systems like Google
Translate generally perform better than Large
Language Models like ChatGPT. Translations
should be confirmed by a fluent speaker of both
languages whenever possible.

Prohibited Creating voice, other
audio or video
Replicating a person’s voice with AI in any City
document or recording would undermine the
trust between staff and the residents. Potential
legal concerns also exist regarding replicating a
person’s voice. Do not generate audio through
AI.

Risk Level Category Examples and Comments
High-risk Drafting memos and
or other public-facing
City documents.

Content meant for public release should be
reviewed and edited multiple times before
release. The City expects users to produce their
own research that informs memos, such as
information related to policy changes and
program changes.

High-risk Writing an RFP Take special care not to provide ChatGPT information that is not meant to be public, yet.

For example, if the specific requirements of the
RFP are not meant to be public, yet, do not input
them into your prompts.

High-risk Writing
advertisements,
social media posts
For example, “Draft a cute tweet of less than 240
characters that reminds families tomorrow is
Earth Day.”
High-risk Writing job postings
or job descriptions
If you provide an AI with a list of qualities you
want and a role title, it can help you draft a
formal-sounding job description. Because the
content is meant for public release, and job
requirements can have a substantial impact on
who applies, it is a high-risk use case.

High-risk Creating images or
video
Use only for illustrative purposes. For example,
if you want a picture of a giraffe wearing a suit
and tie for your presentation, generate it. If you
want a picture of the Mayor at City Hall, find an
actual picture.

Always embed a citation into the image or video.

Mid-risk Drafting messages
to staff and trusted
partners
You can prompt ChatGPT to provide formal
sounding language from general framing of the
message. You can also have it draft emails in
different tones by asking for a different tone.

Do not copy your current email thread into
ChatGPT. The email was sent to select people
and may be confidential.

Mid-risk Framing written
content not intended
for official release
You can write a few key points you would like to
detail, any themes you want present, the kind of
voice you would like, and how long you would
like the content. Remember that information you
input into an AI system may be subject to a
Public Records Act request. As always, make
sure to review, revise, and fact-check any output
from AI.

Mid-risk Learning from a
document
You may copy a large public document into an AI
tool and ask the AI questions about the
document.

Risk Level Category Examples and Comments
Mid-risk Helping you come
up with a name for
your team
For example, “give me ten names for a team.”
Mid-risk Learning about a
new topic in a way
that you can
understand
For example, “explain quantum mechanics to me
like I’m five.” Verify anything you learn from
ChatGPT before applying the knowledge in a
City context.

Mid-risk Helping you find the
right word for a
concept
For example, “what is the word for the secondto-last episode in ________ series.” Once the AI provides the word, search the word on Google
(or elsewhere) to confirm it means what you think
it means.
g. Documentation and Citation Requirements
All substantial AI contributions must be cited in final work products. Citations must include the name of the AI platform and a statement confirming human review. Images or videos must have visible citations embedded within each frame. h. Personal AI Use
Authorized users must maintain separate accounts for personal AI use. Work-related AI use must be conducted exclusively on City-authorized accounts and platforms. i. Social Media Integration
AI-generated content intended for social media must comply with the City’s Social Media Policy. All social media posts, whether human- or AI-generated, must follow the content standards and public engagement rules outlined in that policy.

11.Policy Review and Amendment
The Technology Department and City Manager will regularly review this policy to ensure its relevance and compliance with evolving laws and technology standards. Amendments to this policy will be presented to the City Council for approval.

Authorized User Signature
I have received and read the above policies and have had an opportunity to ask any questions. I understand that my failure to follow these policies may result in disciplinary action including revocation of system privileges or termination. ___________________________________ ________________________________ Print Authorized User Name Print Department Name
___________________________________
Authorized User Signature Date

City Council Meeting
Agenda Report
Agenda Item No. 15
SUBJECT: ANIMAL FIELD AND SHELTER SERVICES AGREEMENT

BETWEEN THE CITY OF CALIMESA AND THE COUNTY OF

RIVERSIDE
MEETING DATE: July 21, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the Agreement for Animal Field and Shelter Services between the City of Calimesa and the County of Riverside.

BACKGROUND/DISCUSSION: In August 2022, the City of Beaumont, which had previously provided animal control services for the City of Calimesa, informed the City that they would not be able to provide services beyond June 30, 2023. As a result, the City explored several alternatives for animal control services and chose to contract with the County of Riverside. The Agreement for Animal Control Field and Shelter Services (Agreement) covered the period of July 1, 2023, through June 30, 2024. On November 4, 2024, the City council approved the First Amendment to the Contract extending the services through June 30, 2025.

The agreement attached is for the period of July 1, 2025 through June 30, 2025. The agreement has been restructured with new pricing terms with a phased in three year rate adjustment. The Department of Animal Services analyzed two different cost recovery models and opted for a hybrid rate methodology. The benefits factors in consideration of the hybrid model selected include the following:
▪ Recognizing there is cost to operate the County’s shelters to support unincorporated areas if the Cities chose not to contract with the County; ▪ Life Saving Programs would still be needed;
▪ Animal kenneling days may increase due to reduced adoption pool ▪ Remove baseline costs which are the costs that County would have to pay to meet its obligations to the unincorporated areas.

Overall, the County’s services have been satisfactory, and there are no other viable options currently available. Staff respectfully recommends the City Council approve the Agreement which extends the contract term to June 30, 2028. The County continues to provide services under the previous agreement while this current proposed contract moves through the approval process. If the City Council approves the Agreement, it will go to the County Board of Supervisors for approval.

FISCAL IMPACT: The Fiscal Year 2025-26 budgeted expenditures for animal control services are $36,000. Staff anticipate there is sufficient budget available consistent with the proposed changes in the new contract.

ATTACHMENTS:

Attachment A: Agreement for Animal Field and Shelter Services

AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES BETWEEN THE

CITY OF CALIMESA AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (“Agreement”) is made and entered into as of July 1, 2025, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (“COUNTY”), and the CITY OF CALIMESA, a Municipal Corporation (“CITY”), together known as the “parties”, and individually as a “party”.

RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter services for the purpose of safeguarding the health and safety of the CITY’S population and the health and safety of its domestic animals pursuant to the provision of field and animal sheltering services, and described in this Agreement;
WHEREAS, CITY desires to promote the humane treatment of animals and remains a committed partner with the COUNTY; and
WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter this Agreement with CITY for the provision of such services, subject to the terms and conditions for compensation as set forth herein.

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the parties mutually agree as follows:

SECTION I. OBLIGATION OF PARTIES
A. RECITALS:
l. The aforementioned Recitals are true and correct and incorporated herein by this reference.

B. COUNTY Obligations:

1. COUNTY shall provide field and shelter services within the corporate limits of CITY as outlined in EXHIBITS A and B, attached hereto and incorporated herein by this reference, and more specifically as selected by CITY in ATTACHMENT A, attached hereto and incorporated herein by this reference.

C. CITY Obligations:

1. CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in ATTACHMENTS A and B, using the Rates Methodology as set forth in ATTACHMENT C of this Agreement.

2. In order to harmonize the terms of this Agreement with the provisions of the CITY’s municipal code and for COUNTY to provide the full scope of services to CITY under this Agreement, within six months following the Effective Date of this

Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time.

COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.

3. CITY shall agree to providing contract required clinics with COUNTY pursuant to ATTACHMENT A.

SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2025, and shall terminate on June 30, 2028, unless terminated earlier as provided herein under SECTION IX of this agreement.

SECTION III. PERFORMANCE OF CONTRACT
A. In performing services under the Agreement, COUNTY will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.

B. Nothing in the Agreement prohibits CITY from providing, at CITY’s expense, additional resources for the COUNTY to utilize in its performance of the services.

C. Any use of special supplies, stationery, notices, or forms, other than standard COUNTY format, must be approved by the Director of the Department, or their designee, and supplied by CITY at its own cost.

D. If requested, the COUNTY will make its best efforts to attend one in-person meeting with CITY, up to three-hour duration per quarter at no charge to the CITY. Additional meetings may be scheduled under unusual orurgent circumstances as agreed upon by the COUNTY.

CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of the COUNTY’s contract management staff's time at meetings requested by CITY. Due to the lack of availability of meeting space in COUNTY facilities, the CITY will provide a mutually agreed upon meeting space and location, or virtual meeting link, for virtual meetings.

E. If requested, the COUNTY will make its best efforts to coordinate a virtual meeting once per month at no charge to CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. The CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of COUNTY representatives’ time at meetings requested by the CITY.

F. If requested, COUNTY will make its best efforts to send representatives to the CITY’s

Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the COUNTY is needed. The COUNTY will only attend these meetings to the extent that resources and capacity will allow.

G. The COUNTY will make available upon request, at no charge to the CITY, the reports pursuant to EXHIBIT B, at the intervals indicated in that attachment. For any additional reportsthat are not included in EXHIBIT B, or those requested at more frequent intervals, the COUNTY will account for the hours of staff time required to produce the reports. The COUNTY will provide, at no charge to the CITY, up to 12 hours of staff time annually for any additional requested reports. The CITY will be responsible for any excess hours at the current billing rate for staff time as listed in ATTACHMENT B.

SECTION IV. ADMINISTRATION OF PERSONNEL
A. The COUNTY will control all aspects of the services provided by the COUNTY including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.

B. In the event of a dispute between the parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the CITY will be consulted and an agreement between the parties attempted. Each party must employ good-faith and best efforts to reach an agreement. If an agreement cannot be reached, the COUNTY will make the final and conclusive determination of the dispute.

C. All CITY employees who work with the COUNTY under the Agreement will remain employees of the CITY and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the COUNTY. No CITY employee will become an employee of the COUNTY unless by specific additional agreement which must be concurrently adopted by the CITY and COUNTY. Except as otherwise specifically set forth in the Agreement or in the attached Service Request in ATTACHMENT A, to the extent the COUNTY provides the CITY with animal licensing services, neither the CITY employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the COUNTY for services performed by employees of the COUNTY. The CITY shall distribute educational and outreach materials, reviewed and agreed upon by both the COUNTY and the CITY, as requested by the COUNTY.

D. For the purposes of performing services under the Agreement, and only for the purpose of giving authority for COUNTY staff to provide these services, every COUNTY officer and/or employee engaged in performing any service will be deemed to be a contracted officer while performing service for the CITY, provided the service is within the scope of the Agreement.

E. The CITY will not assume any liability for the direct payment of salaries, wages, or other compensation to COUNTY personnel performing services under the Agreement. Except

as described under SECTION VI, the CITY will not be liable for compensation or indemnity to any COUNTY employee or agent of the COUNTY for injury or sickness arising out of his/her employment while providing services under the Agreement.

SECTION V. DEPLOYMENT OF PERSONNEL
A. The COUNTY will determine the minimum required field personnel required to provide the services requested by the CITY.

B. The CITY agrees to complete ATTACHMENT A, specifying the service to be provided, which will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the Service Level Request (“SLR”), such dispute will be handled in accordance with SECTION IV(B) of this Agreement.

C. The COUNTY will issue annual notifications of any change to the billing rate as stated in SECTION XVIII. Unless the CITY changes other provisions within the most recently executed SLR, it is not necessary to execute a revised service request to reflect a billing rate change.

D. The CITY may at any time request a change in the level of service by completing a revised service request and submitting the form to the COUNTY. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement as an amendment and the Parties acknowledge that they have delegated authority from their respective Board of Supervisors and City Council to execute amendments and the reviewed level of service.

Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined in the sole discretion of the COUNTY. The CITY is only required to submit a new service request if it wishes to revise its current services or update information listed on its existing service request. The COUNTY reserves the right to approve or disapprove requests on the service request in accordance with SECTION IV of this Agreement.

E. Regarding updatesto contact information, the CITY is not required to submit a new service request. Email confirmation from the CITY will suffice, and the COUNTY will update the CITY's existing service request and share the revised copy with the CITY.

F. The CITY is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The COUNTY reserves the right to determine, in its sole discretion, whether the COUNTY can provide requested services not otherwise specified in this Agreement.

SECTION VI. HOLD HARMLESS/INDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein. The CITY’s obligation to defend, indemnify and hold COUNTY harmless shall be subject to COUNTY having given CITY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY with the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

C. COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

D. With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’s indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

E. The specified insurance limits required in this Agreement shall in no way limit the COUNTY’s obligations to indemnify and hold harmless CITY herein from third party claims.

F. This SECTION VI shall survive the termination of this Agreement.

SECTION VII. INSURANCE
COUNTY agrees to maintain the following insurance coverage during the term of this Agreement:

A. Workers’ Compensation:

COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employer Liability (Coverage B) including Occupational Disease with limits of not less than $1,000,000 per person per accident.

B. Commercial General Liability:

COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY’s performance of its obligations hereunder. This coverage shall have a limit of liability not less than $2,000,000 per occurrence combined single limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit.

SECTION VIII. RESERVED
RESERVED.

SECTION IX. TERMINATION

A. Either party may terminate this Agreement without cause upon no earlier than six (6) months advance written notice served on the other party stating the extent and effective date of termination.

B. If a six (6) month notice of termination is served on the other party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement.

C. In the event of termination, both parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, except for SECTION VI, each party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the CITY will remain responsible for payment to the COUNTY for any services provided under this Agreement prior to the termination date.

SECTION X. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, pandemics, or other similar acts, such party shall not be held liable for such failure to comply.

SECTION XI. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY Council. Any amendments will be presented to CITY’s CITY Manager, or designee, prior to CITY’s CITY Council approval.

This Agreement, including any attachments, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.

Except for changes to a CITY’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or their designee, and an authorized representative of the CITY. The only exception to this requirement applies to updates to the CITY's contact information, which may be made through simple email confirmation from the CITY.

SECTION XII. SEVERABILITY
Each paragraph or provision of this AGREEMENT is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.

SECTION XIII. NO THIRD-PARTY BENEFICIARIES
This Agreement between the parties is intended for the mutual benefit of the two signing parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.

SECTION XIV. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).

SECTION XV. DISPUTE RESOLUTION AND VENUE
A. The parties shall attempt to resolve any disputes amicably at a working level as set forth in SECTION IV(B). If that is not successful, the dispute shall be referred to the senior management of the parties.

B. Prior to filing any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any and all provisions of law providing for a change of venue to another location.

SECTION XVI. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the parties without the prior written consent of the other Party. CITY and COUNTY hereby agree with the full performance of the covenants contained herein.

SECTION XVII. CONTRACT PERFORMANCE
COUNTY’s Director of Department of Animal Services, ordesignated representative, shall meet as necessary to discuss contract performance with CITY’s CITY Manager, or designated representative.

SECTION XVIII. CONTRACT SUM
The CITY will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the COUNTY and set forth in the current ATTACHMENT B.

The rates indicated in the ATTACHMENT B form will be readjusted by the COUNTY annually, effective the first day ofJuly each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the COUNTY.

The CITY will be billed based on the current service level described in the latest ATTACHMENT A, FISCAL YEAR 25/26-27/28 SERVICE REQUEST FOR THE CITY OF CALIMESA.

The cost of any additional services requested and provided under the Agreement and not set forth in ATTACHMENT B will be determined by the COUNTY in accordance with the policies and procedures established by the COUNTY.

SECTION XIX. PAYMENT PROCEDURES
The COUNTY, through the Department of Animal Services, will submit a summary invoice covering all services performed quarterly to the CITY within ten (10) calendar days after the closing of each quarter. The CITY will pay the COUNTY for all undisputed amounts within thirty (30) calendar days after the date of the invoice.

If payment is not delivered to the COUNTY office described on the invoice within sixty (60) days after the date of the invoice, the COUNTY is entitled to recover interest on the unpaid amount at the rate specified below in this Section XIX.

For all disputed amounts, the CITY will provide the COUNTY with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice. The parties will confirm the resolution of the dispute in writing.

For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.

Interest will be calculated at the rate of seven percent (7%) annually oranyportion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.

SECTION XX. NOTICES
Each Party shall designate a Primary Contact, as identified in ATTACHMENT A, Service Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or in-person interactions. However, all correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and in ATTACHMENT A and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid.

Notices to the County of Riverside must be addressed as follows:

COUNTY
County of Riverside Department of Animal Services Director 6851 Van Buren Boulevard
Jurupa Valley, CA 92509
Notices to the CITY must be addressed to the contact person listed on the most recent SLR on file and/or the current CITY Official or CITY Manager.

SECTION XXI. DEFINITIONS
A. “Altered or Unaltered” An Altered animal has undergone a surgical sterilization procedure, spay (female) or neuter (male) for dogs or cats and is incapable of reproduction. An Unaltered animal has not been sterilized.

B. “Available” means an animal eight (8) weeks of age or older that at the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future.

C. “Care” includes, but is not limited, to providing necessary and prompt veterinary care, adequate nutrition and water, shelter, and humane treatment, or transfer of animal to the appropriate agency as defined in Civil Code 1834 and 1846.

D. “Euthanasia” is a non-preferred option and is to be used as a last resort when deemed there is no other outcome for an animal. When the decision has been made to euthanize it is done with the highest degree of respect, and with an emphasis on making the euthanasia process as painless and distress free as possible. Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and cannot be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Except as provided in Food and Agricultural Code, subdivision (b), Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption. Further:
i. Only euthanasia methods approved by the Association of Shelter Veterinarians shall be used.
ii. Pre-euthanasia sedation or anesthesia shall be provided in the professional judgment of the veterinarian conducting or providing oversight. The interests of the animal will be given equal consideration whether the animal is individually owned or not,

regarding providing pre-euthanasia sedation or anesthesia. iii. The COUNTY will provide ongoing professional training on the latest methods and material available for euthanasia and effective management of compassion fatigue for all personnel as described within, but not limited to, the American Veterinary Medical Association’s Guidelines for the Euthanasia of Animals. iv. The COUNTY will conduct euthanasia in areas that are isolated from other activities, where possible, to minimize stress on animals and to provide staff with a professional and dedicated work area and incorporate the recommendations for a well-designed euthanasia space as recommended by the American Veterinary Medical Association. v. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found, method of euthanasia, and reason for use of method.

E. “Healthy” means and include all dogs and cats eight weeks of age or older that, at or subsequent to the time the animal is taken into possession, have manifested no sign of a behavioral or temperamental characteristic that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or a congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future.

F. "Impounded." Having been received into custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to receive such animal.

G. “Potentially Dangerous” Any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another animal. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals.

H. "Substantial injury" means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.

I. “Dangerous” Any animal which has twice within a forty-eight (48) month period in two separate incidents has, actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person or animal engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise

caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury; Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed; or any dog which has been declared a "potentially dangerous dog" as defined by California State Law during any legal hearing process.

J. “Vicious” means any animal which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal. Any animal previously determined to be and currently listed as a potentially dangerous dog which after its owner or keeper has been notified of this determination, continues that behavior described in Section 31062 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code.

SECTION XXII. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the attachments and schedules hereto.

SECTION XXIII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all Parties.

SECTION XXIV. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any party of any breach or violation by another party of any provision of this Agreement or of any right or remedy permitted the waiving party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise.

The election of any one or more remedies by a party shall not constitute a waiver of the right to pursue other available remedies.

SECTION XXV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another party to this Agreement.

SECTION XXVI. RESERVED.

SECTION XXVII. AUTHORIZATION WARRANTY
A. The CITY represents and warrants that the person executing the Agreement for the CITY is an authorized agent who has actual authority to bind the CITY to each term, condition, and obligation of the Agreement and that all requirements of the CITY have been fulfilled to provide such actual authority.

B. The COUNTY represents and warrants that the person executing the Agreement for the COUNTY is an authorized agent who has actual authority to bind the COUNTY to each term, condition, and obligation of the Agreement and that all requirements of the COUNTY have been fulfilled to provide such actual authority.

SECTION XXVIII. COOPERATION, FURTHER ACT
The parties shall cooperate fully with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
(Signature Provisions on Following Page]

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY:

County of Riverside, on behalf of its
Department of Animal Services, a political
subdivision of the State of California
_______________________________
V. Manuel Perez, Chair
Board of Supervisors
Date:__________________________
CITY:

CALIMESA, a Municipal Corporation
_____________________________
Will Kolbow
City Manager
Date:__________________________
ATTEST:

Kimberly Rector
Clerk of the Board
By:____________________________
ATTEST:

By:____________________________
Darlene Gerdes
City Clerk
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By:____________________________
Amrit P. Dhillon
Deputy County Counsel
APPROVED AS TO FORM:

Steven Flower
City Attorney
By:____________________________

COUNTY OF RIVERSIDE

DEPARTMENT OF ANIMAL SERVICES

DESCRIPTION OF STANDARD FIELD SERVICES

EXHIBIT A
At the election of the CITY the County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following animal field services for the CITY of CALIMESA (“CITY”):

A. PROVISION OF FIELD SERVICES
The COUNTY will provide the services set forth below in accordance with regulations and provisions, found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), except as otherwise agreed to by the Parties in ATTACHMENT B, Service Request.

The COUNTY will inform the CITY of any proposed changes to Ordinance Nos. 534, 560, 630, 716, 771, and 878 with as much advance notice as practical, with the intention of providing the CITY with an opportunity to submit input to the COUNTY and the COUNTY related to the proposed changes. The COUNTY will notify the CITY of the passage of any change to Ordinance Nos. 534, 560, 630, 716, 771, and 878 by the County Board of Supervisors as soon as practical.

The COUNTY will provide the minimum required animal control resources and services for the CITY based on an average number of calls for service. Services consist of COUNTY personnel performing a variety of tasks utilizing appropriate equipment. The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1. Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in Section E below.

2. Impoundment: Impound dogs and livestock found at large and collect such impound fees as established in the appropriate CITY municipal code.

3. Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California (“State”) laws and regulations.

4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reposed bites by dogs, cats, or by suspected rabid or wild animals. COUNTY will interview bite victims to the extent possible. COUNTY shall only be responsible for administrative proceedings resulting therefrom.

5. Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy. Shelter quarantine will be at the discretion of the COUNTY.

6. Stray and Barking Animal (Nuisance) Complaints:Respond to and process nuisance complaints, including stray and barking animal complaints. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.

7. Dead Animals: Remove dead animals from the public right-of-way except in such cases where an animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State Department of Transportation by telephone, facsimile, email or other means.

8. Return of Animals in the Field: Field personnel, including officers employed by CITY, shall make a best effort to return any lost/stray animal impounded in the field to the rightful owner. Best effort includes but is not limited to:
i. Checking for identification
ii. Scanning the animals for a microchip
iii. Canvassing the area to attempt to find the owner
iv. Equipment necessary to fix common problems such as broken fences with permission from the resident
v. Post a minimum of three signs

9. Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY’s municipal codes and collect fees in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY.

10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY’s municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.

11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below.

12. Field Services Related to Canine Licenses: The COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer's regular animal control duties as defined by, but not limited to, the terms of this Agreement, shall conduct license inspection activities during animal control

investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY’s municipal code.

13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, sick, injured, or part of an animal cruelty or animal bite case.

14. COUNTY will perform humane investigations of suspected animal neglect and cruelty and will be responsible for investigation, citation, and preparing materials for prosecution.

15. COUNTY and CITY will work together on educational outreach, promotion of spay/neuter and vaccination clinics, owner surrender assistance programs, responsible pet ownership, adoption programs and other activities to reduce impounds and increase live outcomes. CITY will provide two (2) vaccine clinic(s) at no charge to the resident per year, and two (2) spay/neuter clinic(s) at no charge to the resident per year, at CITY’S expense. CITY may decide to hire COUNTY to provide this service, if available, or seek a separate vendor.

16. In case of a disaster, COUNTY and CITY will work collaboratively on animal needs and communication as it is related to rescue, response and recovery efforts.

B. SHELTER CARE AND DISPOSITION SERVICES
The COUNTY shall house CITY’s animals at the Coachella Valley Animal Campus, or other COUNTY operated shelter at the COUNTY’s discretion, as set forth in EXHIBIT B.

C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
COUNTY shall provide animal control vehicles and equip them with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement.

The COUNTY shall fuel and maintain said vehicles.

D. MISSING OR STOLEN ANIMALS
COUNTY shall file a report with the appropriate law enforcement agency within twentyfour (24) hours if an impounded animal is missing or suspected of having been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

E. PRIORITY OF FIELD SERVICES
a. “Services” are those enforcement activities rendered by COUNTY pursuant to COUNTY Ordinance and/or the relevant sections of CITY’s municipal code, as indicated in ATTACHMENT B and related State law and are assembled for into two categories: emergency and non-emergency.

b. “Priority Ranking” refers to the order of priority with which a call will be handled.

All calls will go directly to the dispatcher or assigned clerical staff for a relay to the Animal Control Officer. If a call is exceptional,” as set forth in Section F below, it shall be referred to the supervisor for evaluation and response. c. The following definitions of “Regular Service Hours”, “Limited-Service Hours”, and “Holidays” are intended to identify the broad time frames during which specific levels of service will be provided.
d. "Regular-Service Hours” are between the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.
e. "Limited-Services Hours” are the between the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on Holidays. f. “Holidays” are those days as established by the COUNTY and the CITY where the CITY or COUNTY is closed for service on a business day that would otherwise be a regular service day.
g. Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is received in accordance with this Agreement. All calls involving imminent danger shall be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited-Service Hours and Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances uncontrollable by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited-Service Periods which are of an urgent nature pursuant to this ATTACHMENT A, Field service personnel may be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.
h. The COUNTY shall respond to telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited-Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined herein. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited-Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days.
i. The CITY and COUNTY agree that any incident reports to the COUNTY by residents

or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and require immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited-Service Hours that are not of an urgent nature shall be answered by an answering service and referred to call-back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with EXHIBIT A. j. Calls Considered Emergencies to be Handled Without Delay:

1. Animals endangering the health or safety of the community

2. Police Department requests for service

3. Sick or injured stray animals

4. Animals in distress

5. Humane investigations that are life threatening. (Depending on immediate circumstances)
k. Calls Considered Non-Emergency to be Handled during Regular Service Hours:

1. Pick-up confined, healthy- not sick or injured, stray-animals

2. Dead animal removal

3. Quarantine investigations

4. Leash law enforcement

5. Nuisance animal investigations

6. Permit investigations
F. EXCEPTIONS
The Director of the Department of Animal Services, or their designee, may, on a case-by-case basis, authorize variations of priority when circumstances require.

G. LICENSE FEES (Riverside COUNTY Ordinance No. 630, Section 2 - MANDATORY

DOG LICENSING AND VACCINATION)
Licenses shall be issued upon receipt of all licensing requirements including payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been reviewed for inconsistencies. Reminders of licensing requirements shall be automatically generated and emailed or mailed to dog owners.

Those owners who fail to comply may be subsequently issued administrative citations.

Remittance options include on the COUNTY’s website www.rcdas.org or in person at a COUNTY shelter location. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY owners can verify the status of their animal’s license by telephone or going to https://riversidecounty.docupet.com.

I. COLLECTION OF LICENSE FEES
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain eleven dollars and thirty-five cents ($11.35) per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY monthly and the COUNTY shall credit the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum of $11.35 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in ATTACHMENT B, Billing Rates. CITY shall be responsible for a one-time conversion fee for new data entered into COUNTY’s licensing database.

J. SERVICE PLANS
CITY may elect one of two service plans for field services provided by the COUNTY. (ATTACHMENT A)

1. Standard Service Plan
The Standard Service Plan provides the number of Animal Control Officers, as determined by the County, to allow for the provision of field services to the CITY five (5) days/week – Monday through Friday- Nine (9) hrs./day – between the hours of 7:30am-5:00pm, with dispatching and after-hours emergency service 24 hours per day, seven days per week.

2. Extended Service Plan
The Extended Service Plan provides the number of Animal Control Officers to allow for providing field services to the CITY seven (7) days/week – Monday through Sunday – nine (9) hrs./day - between the hours of 7:30am-5:00pm, as indicated by the CITY in ATTACHMENT A, dispatching and after-hours emergency service 24 hours per day, seven days per week.

COUNTY OF RIVERSIDE

DEPARTMENT OF ANIMAL SERVICES

DESCRIPTION OF STANDARD SHELTER SERVICES

EXHIBIT B
At the election of the CITY, the County of Riverside, on behalf of its Department of Animal Services (“COUNTY"), agrees to provide the following Animal Shelter Services for the CITY of CALIMESA (“CITY”).

A. PROVISION OF SHELTER SERVICES
All COUNTY shelters are open admission shelters and are required to accept all stray or abandoned animals from the COUNTY’s area(s) of responsibility. The COUNTY maintains four (4) animal care shelters that accept stray or abandoned animals. The COUNTY also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or abandoned animals are held for an initial period to give an owner the opportunity to reclaim them. Owner-relinquished animals are held for an initial period prior to requested euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended to reunite the animal with an identified owner or for other reasons.

The COUNTY is committed to providing appropriate and safe housing for all animals accepted into the COUNTY’S care. The COUNTY is required by law to provide necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Medical care may be provided by COUNTY staff or, at COUNTY’S sole discretion, outsourced to a contracted veterinarian.

B. COUNTY ANIMAL SHELTER

1. All animals collected in the field within the boundaries of the CITY or determined to have originated from within the boundaries of the CITY may be housed at a COUNTY animal shelter. Admitted animals will be vaccinated, microchipped, and provided necessary and prompt medical care, food, water, and shelter. The COUNTY may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal shelter to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.

2. The COUNTY will make reasonable attempts to house animals from the CITY at the animal shelter closest to the CITY. The nearest animal shelter to the CITY will be designated as the primary animal shelter. There may be circumstances in which the Department will house animals collected from the CITY at an alternate location.

3. The COUNTY shall be responsible for the operation and maintenance of the COUNTY shelters and the care of the animals.

4. The COUNTY shall maintain hours of operation at the Shelter to provide maximum

public access to the animals, to the extent possible.

C. STANDARD SHELTER SERVICES
Riverside County Animal Services shelters shall include the following activities and services:

1. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.

2. Providing food, water, shelter, enrichment, and medical care for animalsin the Department’s care.

3. Holding stray animals and attempting to reunite them with theirowners.

4. Assisting pet owners with alternatives to relinquishment by connecting them with resources for pet retention. Accepting unwanted animals surrendered by their owners if there is no other alternative.

5. Making the best efforts to find new adoptive homes for domestic animals and livestock.

6. Quarantine and observation of animals for rabies and/or at the direction of the Department of Public Health.

7. Working with wildlife rehabilitators to rescue sick and injured wildlife.

8. Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters.

9. Holding animals that are the subject of criminal investigations or other legal or administrative proceedings.

10. Ensuring that all dogs, four(4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals.

11. Provide necessary and prompt veterinary care.

12. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing each animal that is euthanized and the reasons for such euthanasia.

13. Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations.

14. Filing annual reports to the State of California as required by law.

15. Proper disposal of dead animals at the rate as set forth in ATTACHMENT B, Payment Provisions.

16. Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes.

17. Maintaining regular hours of operation for the public.

D. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY will provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the animal shelter services described herein.

6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise own identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and is unable to be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a

serious illness or severe injury may not be held for owner redemption or adoption.

Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal and shall include the following information:
breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid or involved in a bite investigation.

9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

10. Animals Surrendered by their Owners: Owner surrenders will be impounded on a case-by-case basis. Pet Support or pet retention programs will be offered to assist the owner with keeping their pet. CITY shall direct their constituents to consult with COUNTY to surrender their pet. CITY shall not accept owner surrenders in the field prior to the constituent consulting with the COUNTY.

12. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild.

COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

13. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

14. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags, tattoos, and scanned for microchips by qualified Shelter staff within one (1) hour of arrival at the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers to reunite animals in the field.

15. Incoming Animal Examinations/Assessments: Examinations of impounded

animals shall be performed within twelve (12) hours, except during LimitedService Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessments shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Microchip administered if none found
g. Establish unique identifier for the animal
h. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an
examination/assessment has been performed.

16. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

17. Adoption: Animal identified as being available for adoption shall be up for adoption in the shelter or off-site locations or by posting online.

18. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F & A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F & A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

19. Microchipping: In accordance with F & A Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

18. Community Adoption Partners: COUNTY shall comply with F & A Code Sections 17006, 31108, and 31752 that provide (subject to Section 17006) that a stray dog or cat that is impounded shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue, or adoption organization if requested by the organization

before the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with an animal rescue or adoption organization.

The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to the required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.

19. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

20. Community Cat Program (“CCP”): CCP COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and ear tipped. Once the cat has recovered, it will be returned to place of origin.

21. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (“DEA”) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

22. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staff shall include all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

23. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

24. CITY Access: COUNTY shall provide access to the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

25. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident.

Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

26. R.E.A.R.S.: REARS is the system that has been developed to perform animal rescue, evacuation, sheltering, care and welfare of domestic and livestock animals within Riverside County during times of disaster or extraordinary emergencies. The REARS Team is dedicated to carrying out the operational tasks of rescuing, evacuating, sheltering and caring for animals during emergencies and is made up of local government animal welfare staff and volunteers trained in animal rescue and emergency animal care. This cadre of trained individuals is supervised, during incidents, by Riverside County Department of Animal Services management staff.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. Pet Support Services Program: The COUNTY's Pet Support Program services are activities that go beyond providing housing for dogs and cats and have the effect of keeping pets out of the Shelters and in homes and healthy environments. This strategy allows the COUNTY to manage and reduce the flow of both owned pets and stray animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the COUNTY’s pet support services staff provides counseling to pet owners or connects them with resources such as free pet food and supplies, medical vouchers, and other critical resources all intended to help keep pets with their families. This human/pet assistance program is funded almost entirely through donations and grants received by the COUNTY.

This program has reduced the number of surrendered animals admitted to the COUNTY’s care centers to those who have no other opportunity for rehoming. This is reducing the costs that are associated with sheltering cats and dogs.

A. Components of Pet Support Services:
• Community Engagement is key to successfully employing this program, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners. • The COUNTY encourages people who have found stray animals to attempt to reunite the pets with their families. The COUNTY also encourages residents to allow free roaming cats to remain where they live, as these are often pets or community cats.

• To reduce the relinquishment of owned pets, the COUNTY will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the COUNTY, as will animals that are sick or injured.

29. Healthy Pet Zone: COUNTY aids the public in times of crisis on a case-by-case basis that includes access to veterinary care and temporary boarding. CITY must refer public to COUNTY for program assistance.

30. Individual Animal Licensing Services: Adult dogs four months of age and older are required by State law to have individual licenses. The CITY may request that the Department enforce licensing requirements in the CITY as described in ATTACHMENT A. The CITY may adopt the COUNTY’s fees for individual animal licenses or set its own fees as permitted in ATTACHMENT A.

License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a feeper-license basis. A current license will be required before an animal will be released to a resident of the CITY. Fees from licenses collected will be credited to the CITY monthly in arrears.

The COUNTY’s animal licensing services include:
a. Issuing animal licenses for pets as requested by the CITY; b. Processing license applications, payments, and information changes; c. Issuing license renewal notices;
d. Assessing and collecting fees, penalties, and other financialremittances; e. Maintaining a database for animal licensing, records of calls for service, and actions taken; and
f. Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.

31. Kennel and Cattery Licensing: The Department's Kennel and Cattery Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under COUNTY Ordinance. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public.

The COUNTY retains kennel license fees to offset the cost of annual inspections and related

administrative costs. Staff time for licensing and inspections is not billed to the CITY. However, investigations in response to complaints about activities at a licensed location are conducted by Animal Control Officers based in the COUNTY’s animal shelters and are billed in accordance with ATTACHMENT B, City/County Service Rates.

This program includes:
a. Annual inspection of any premise used by an animal-related business or nonprofit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities.
b. Follow-up inspections of animal facilities as necessary. c. Collection of license fees to offset the cost of services;and d. Documentation and maintenance of records as necessary.

E. CONTRACT CITY REQUIRED SERVICES

1. Vaccination and Microchip Clinics: California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers and in the unincorporated areas of the County. Pursuant to this agreement and ATTACHMENT A, CITY shall fund two (2) vaccination and microchip clinics, within the CITY’s jurisdiction, per FY. The following services will be provided by the COUNTY:
a. Providing or assisting in arranging for low-cost vaccinations and microchips; b. Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
c. Licensing animals vaccinated at the clinic; and
d. Assisting jurisdictions in promoting these community-based clinics.

2. Spay/Neuter Clinics: Pursuant to this agreement and ATTACHMENT A, the CITY shall fund two (2) Spay/Neuter clinic(s), within the CITY’s jurisdiction, per FY.
a. To help fund these events the CITY may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust. Participation in the Spay/Neuter Trust will allow the CITY to offer low-cost or free spay/neuter programs for the CITY’s residents who wish to have their pets spayed or neutered. The COUNTY staff will work with the shelter and mobile clinics to assist qualified residents in obtaining spay/neuter services.

F. Records
Upon reasonable notice, the COUNTY will make available to authorized representatives of the

CITY, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The CITY must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).

Upon request, the following standard reports are available to the CITY from the COUNTY monthly:
a. Dogs and/or CatsImpounded
b. Animals Returned to Owners
c. Dogs and/or Cats Abandoned
d. Special Admission Dog & Cat
e. Other Animals Impounded
f. Quarantined Dogs and/or Cats
g. Special Admission of Other Animals
h. Private Veterinarian (Outside Medical Expense)
i. Dead Animal Pick UpRequests
j. Types of Calls for Service
k. Location of Admission
In accordance with SECTION III, the COUNTY will provide up to 12 hours of staff time annually for producing special reports to the CITY at no cost. Additional staff time will be charged to the CITY at the current reimbursement rate for applicable staff time.

ATTACHMENT A
FISCAL YEAR 25/26-27/28 SERVICE REQUEST

FOR THE CITY OF CALIMESA

1. Services
The level of animal care center service that the CITY requests and the COUNTY agrees to is (select the options below):
 Field Services
 If CITY elects to provide CITY Animal Control Services, CITY shall agree to have CITY Animal Control Officers trained and implement the return in field program as described in EXHIBIT A – A.8 8. Return of Impounded Animals.

The CITY shall provide the tools necessary to perform these duties. COUNTY shall provide training to CITY personnel for this purpose.  Shelter Services
CITY’s Animal Services contact information:

Name:

Telephone:

Address:

2. Field Services
The level of field service that the CITY requests and the COUNTY agrees to:
(select one of the three options below):
a. Standard Service Plan
b. Extended Service Plan (check all applicable boxes below) c. Administrative Compliance (Post Hearing compliance checks) CITY’s Animal Services Field contact information:

Name:

Telephone:

Address:

Standard Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.

Extended Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.

Weekend days and holidays (please identify days and
hours):

Humane Investigations – as needed Included billed hourly.

Administrative Investigations – as needed
(Potentially dangerous/vicious Dogs)
Included billed hourly.

Administrative Compliance (Post Hearing compliance checks)

3. Animal Licensing
 The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the COUNTY fees outlined Riverside County Ordinance No, 630.  The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution):

Dog Licenses 1-Year Fee 2-Year Fee 3-Year Fee
Altered Dog
Unaltered Dog
Senior Altered Dog
Cat Licenses (Voluntary) 1-Year Fee
Voluntary Cat
Current license fees adopted by the CITY on June 21, 2023 CITY’s Animal Licensing contact information:

Name:

Telephone:

Address:

4. Outreach and Enforcement Services
Please make a selection for each of the options below:
i. Animal Facility Inspection and Licensing (Costs included in County costs - not billed)
 The CITY requests that the COUNTY license animal-related facilities (including inspection) in the CITY.
 No animal facility licensing services - the CITY will conduct its own licensing program for animal-related facilities. (Please provide contact information below.)
CITY’s Animal Facility contact information:

Name:

Telephone:

Address:

A.Vaccination/Microchip/Licensing Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of two (2) vaccination/microchip/Licensing clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging for clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.  The above requirement for CITY to fund Vaccination/Microchip/Licensing Clinic(s) is acknowledged by the CITY
B.Spay/Neuter Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of two (2) Spay/Neuter clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.
 The requirement above to fund the number of Spay/Neuter Clinic(s) listed above is acknowledged by the CITY
 CITY elects to participate in the Spay/Neuter Trust to allow residents access to low-cost spay/neuter services.
 No participation in the Spay/Neuter Fund.

5. Enforcement of COUNTY Ordinances
 The CITY agrees to the enforcement of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with no exceptions.
 The CITY agrees to the enforcement of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with the following pre-approved exception(s):
(please mark all that apply)
□ Ordinance No. 630 - SECTION 12. - Mandatory Spaying and Neutering. The CITY does not require the spay/neuter of:
o Dogs
o Cats
□ Ordinance No. 630 - SECTION 13. - Mandatory Microchipping. The CITY does not require microchipping of:
o Dogs
o Cats
□ Ordinance No. 630 - SECTION 5. – Number of dogs and cats. The CITY allows for the following maximum number of animals per household:

Dogs
Cats
Total Dogs/Cats
□ Ordinance No. 878 - SECTION 5. – Noisy Animal Complaints. The CITY will conduct CITY noise complaints.

CITY’s Noise Complaint contact information:

Name:

Telephone:

Email:

6. Requested Additions to COUNTY ORDINANCES
Please list individual municipal code sections requested to be enforced by the COUNTY. (Please ensure your municipal code contains adequate enforcement authority.)
City Code
Number City Code Section Title County Approved
County Not
Approved

7. Annual/Amended Service Request Approval

ATTACHMENT B

COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES

CITY/COUNTY SERVICES RATES
A. Billing Period
These billing rates are effective from July 1, 2025, through June 30, 2028.

B. Billing Rates
Based on CITY’s needs and System Impact
Shelter Services:

Field Services
Additional Administrative Services
Leadership Attendance at meetings in
excess of contract allowance

1. Director = $185.03/Hour

2. Assistant Director =
$153.72/Hour

3. Deputy Director =
$142.43/Hour
Production of reports in excess of contract
allowance
Analyst = $43.42/Hour
Animal Control Officer in excess of contract
allowance – Investigations/court
appearances

1. Commander =
$109.26/Hour

2. Lieutenant = $76.53/Hour

3. Sergeant = $68.62/hour

4. Animal Control Officer =
$56.62/Hour
Spay/Neuter Trust
Spay/Neuter Trust $5.00 per animal License

ATTACHMENT C
Rates Methodology
Cities are financially responsible for the care of animals impounded within the City’s jurisdiction and the County is responsible for the care of animals impounded within the County’s jurisdiction. When a city contracts for services, it can save by sharing resources with the County and other contracted cities.

The existing County/City contract rates model is complex, and administrative staff, county and city, are required to invest a significant amount of time preparing, reviewing, discussing and justifying billing for each of the contract cities, monthly. The current methodology also does not allow the agencies to budget for the cost of shelter services provided since they are based on the incoming animals and length of stay. The unpredictability of these shelter costs can cause a burden on contracting cities, making it hard for them to budget and pay timely. This can also cause a burden on the County in collecting these revenues. It also does not incentivize the agencies to promote animal licensing, spay or neutering of the animals, adoptions or other revenue generating activities within their jurisdictions.

The County has gone away from a per animal methodology for shelter services and developed a “Piece of the Pie” billing methodology, where each city’s contribution is based on its proportional impact to the County shelter system. The impact is calculated using a variety of factors. By distributing costs based on actual usage and demand, this approach ensures fair allocation of expenses while promoting engagement and efficient resource management. Animal Control and Sheltering costs are generally driven by:

Field Services Shelter Services
a. Calls for service a. Average Length of Stay
b. Time to complete a service call b. Number of Impounds c. Staff c. Staff
d. Administration d. Program expenses
e. Support Services e. Administration
f. Population f. Support Services
g. Facilities
h. Population
To simplify the methodology these drivers were categorized into three (3) cost pools:
a. Shelter Costs to house and care for the animals;
b. Animal Control Field Services Costs (as applicable); and c. Split costs that were allocated between the two primary categories are based on either the ratio of the shelter category costs to field category costs or based on statistics provided by Animal Services for its call center.

1. SHELTER COSTS DISTRIBUTION
The costs of providing Shelter Services were determined by using three different allocation areas, based on the RCDAS FY 24/25. These allocation areas were weighted based on the impact to shelter resources:
a. Average Impound numbers (number of animals that come into the shelter for each city and the unincorporated areas of the County – Animals/month based on 30 months or the length of the contract if less than 30 months). (30% impact weight)
b. Average Length of stay (LOS) for animals per city and the unincorporated areas of the County – LOS/month based on 30 months or the length of the contract if less than 30 months.
(50% impact weight)
c. On the human population of a city.
(20% impact weight)
Within each of the allocations, spilt costs are included. The cities and the County were assigned a percentage of the cost based on their statistic or number and the ratio to the total.

2. FIELD SERVICES DISTRIBUTION
The costs of providing field services were allocated based on the minimum number of officers required – Officer + Vehicle
a. Total field service costs are divided by the total number of officers to find the annual cost per unit.
b. Overtime, overtime holiday, and vehicle lease are excluded from the total field services costs for cities.
c. Vehicle charges are added per officer vehicle, field leadership vehicle and licensing vehicle.

Only those cities who opt for Animal Control Officer Services will be allocated their piece of the costs. Within each of the allocations, spilt costs are included.

3. SPLIT SERVICES DISTRIBUTION
These costs consist of Administration, Facilities, and Support, each uniquely supporting either shelter or field operations and were split between Shelter and Field based on the ratio of the budgeted amounts identified as either shelter or field.

By using the piece of pie methodology, with the three different allocation areas, and then weighted based on a city’s impact to shelter resources, cities will be charged for their proportion of the total County animal shelter costs incurred during the fiscal year as illustrated below.

EXAMPLE:

Hypothetical animal sheltering services budget to distribute: $20,000,000 Total Average Impounds weighted @ 30% of costs = $6,000,000 Total Average Kenneling Days weighted @ 50% of total costs = $10,000,000 Total Population weighted @ 20% of costs = $4,000,000
City A has 2.9% of the average total impounds/yr.

City A has 2.5% of the average of Kenneling days/yr.

City A has a population that is 7% of the total served pop. (County + all contract Cities) City A: (0.029 * $6,000,000) + (0.025 * $10,000,000) + (0.070 * $4,000,000) = $704,000 City A’s future FY cost = $704,000
Paymentsof $176,000 madequarterlywhichwillbereducedbyanylicensing revenue For the contract term. City A’s animal shelter budget shall follow the following three (3) year 4% fixed-rate schedule:
$704,000.00 for fiscal year 2025-2026 (contract year 1) $732,160.00 for fiscal year 2026-2027 (contract year 2) $761,446.40 for fiscal year 2027-2028 (contract year 3)

4. OTHER CONSIDERATIONS
A. Medical Costs
Medical costs (excluding spay/neuter surgeries) provided by the County’s medical staff are included in shelter costs to establish each city and the County’s rate for sheltering and are not billed separately or in addition to that rate. The County reserves the right to send any animal to a private veterinary facility for examination,

treatment, and/or hospitalization as the County deems necessary in its sole and absolute discretion. All expenses incurred by the County for outside medical services, for animals from a City, will be billed to the City.

B. Billing for “Legal Hold” and Other Shelter Services:

Because the Piece of the Pie Methodology is based on average intakes, Dogs and cats that are housed for a “legal hold” and other shelter services are not billed separately. The length of stay data (from intake to disposition) for each animal will be collected for future contract negotiation purposes and can be available to a city, upon request. Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the County based on pending or anticipated criminal, civil, or administrative action.

C. Capital Improvements
Each year this contract is in effect, the County may submit to the contracted cities during the regular budget process a request for any needed capital improvements to the Shelter. Any such request shall include a description of the requested improvements and an estimate of their cost. Contracted cities shall give good faith consideration to each request; however, it is understood that capital improvements are subject to overall city budgetary priorities and funds availability, and a city shall in no event be obligated to contribute to such capital improvements. If an emergency arises relating to Shelter maintenance during the term of this contract, the County shall advise the contracted cities within fortyeight (48) hours so that the cities may decide whether to take appropriate action.

D. Level of Field Service
a. Level of Service Specified. The County shall provide all enforcement services at the minimum level based on an average number of calls to that city.
b. Variation in Level of Service. Variations in the level of service shall be made by amendment as provided for in Section XI of this Agreement, and under the following terms.
i. If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of Service as soon as practicable.
ii. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.

E. Cost Offsets
A contracted city will receive credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the city for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion.

A city will not receive any credit for adoption fees (whether paid by an individual or an organization).

F. Revenues
Revenues are applied to reduce the costs for shelter and field services.

City Council Meeting
Agenda Report
Agenda Item No. 16
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, ACCEPTING AN EMERGENCY

MANAGEMENT PERFORMANCE GRANT PROGRAM AWARD IN
THE AMOUNT OF $3,999.00 AND AMENDING THE FISCAL YEAR
2024-25 BUDGET TO INCLUDE THE SAME
MEETING DATE: July 21, 2025
PREPARED BY: Geraldo Rodriguez, Deputy Fire Marshal
RECOMMENDATION: The City Council adopt Resolution 2025-34, titled: A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA, ACCEPTING AN EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM AWARD IN THE AMOUNT OF $3,999.00 AND AMENDING THE FISCAL YEAR 2024-25 BUDGET TO INCLUDE THE SAME BACKGROUND AND DISCUSSION: The EMPG Program’s purpose is to provide federal grant funding, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), that assists state, local, territorial, and tribal governments in the event of an emergency.

The program helps governments provide necessary direction, coordination, guidance, and assistance to prepare for hazards. Title VI of the Stafford Act authorizes the Federal Emergency Management Agency (FEMA) to issue grants to provide a system of emergency preparedness for the protection of life and property in the United States against hazards. The grants also vest responsibility for emergency preparedness jointly in the federal government and the states and their political subdivisions. The grants stipulate a dollar-for-dollar match requirement.

On April 23, 2025, staff was notified by the Riverside County Emergency Management Department that CALOES awarded the City of Calimesa an EMPG grant of $3,999.00. The City will purchase a gasoline fuel storage cell and accessories for emergency fuel with $3,500.00 from the award. Upon review of the quotes in Attachments B-D, it is recommended the City buy the fuel storage cell and accessories from Western Global for the amount of $6,998.29

FISCAL IMPACT: Staff adjusted the Fiscal Year 2024-25 Budget to include the $3,999.00 reportable grant revenue and the expenditure amount of $6,998.28 in the amended Fire Department appropriations budget. This purchase is compliant with the City of Calimesa Municipal Code Section

3.15.070 (C).

ATTACHMENTS:

Attachment A: Resolution 2025-34
Attachment B: Western Global Quote
Attachment C: Northern Tool + Equipment Quote
Attachment D: Tank Depot Quote

-1-
RESOLUTION NO. 2025-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, ACCEPTING AN EMERGENCY

MANAGEMENT PERFORMANCE GRANT PROGRAM
AWARD IN THE AMOUNT OF $3,999.00 AND AMENDING THE
FISCAL YEAR 2024-25 BUDGET TO INCLUDE THE SAME
WHEREAS, Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) authorizes the Federal Emergency Management Agency (FEMA) to issue grants to provide a system of emergency preparedness for the protection of life and property in the United States from hazards, which is the joint responsibility of the federal government and the states and their political subdivisions; and WHEREAS, the Emergency Management Performance Grant (EMPG) Program provides federal grants, pursuant to the Stafford Act to state, local, territorial, and tribal governments to prepare for all hazards by providing necessary direction, coordination, guidance, and assistance; and
WHEREAS, on March 9, 2025, the City applied for a grant from the Fiscal Year (FY) 2024 EMPG program through the California Office of Emergency Services (CalOES) and Riverside County Emergency Management Department (RivCO EMD); and WHEREAS, on April 23, 2025, RivCo EMD notified the City that it had been awarded an EMPG Program grant in the amount of $3,999.00 as a dollar-for-dollar matching grant (the “EMPG Award”); and
WHEREAS, the City needs specialized equipment to support staff in the event of an emergency and intends to use $3,500.00 from the EMPG Award to purchase a gasoline fuel cell and accessories, estimated to cost $6,998.29;

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

The City of Calimesa hereby accepts the EMPG Award, and the City’s FY 2024-25 Budget is hereby amended to add EMPG Award revenue in the amount of $3,999.00 to account 01-0000-4800 and EMPG expenses in the amount of $6,998.29 to Fire Department account 01-4300-7725.

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

LINDA MOLINA, MAYOR
ATTEST:
___________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 17
SUBJECT: A COOPERATIVE AGREEMENT TO PROVIDE FIRE DEPARTMENT

DISPATCH AND COMMUNICATION SERVICES FOR THE CITY OF

CALIMESA
MEETING DATE: July 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk Tim O’Connell, Fire Chief
RECOMMENDATION: That the City Council approve a Cooperative Agreement to provide Fire Department Dispatch and Communication Services for the City of Calimesa.

BACKGROUND: On July 19, 2021, the City of Calimesa entered in an agreement for Fire Department Dispatch and Communication Services with County of Riverside. The stated expiration date in the current agreement is June 30, 2025, but the agreement contemplates that the County can continue providing services in accordance with the existing agreement until the Council approves a new agreement. This new agreement will provide the same level of dispatch services and technology services. The new agreement will be from July 1st, 2025, thru June 30th, 2028.

DISCUSSION: An integral part of Fire Service is communication and dispatch. The proposed agreement with the County of Riverside (County) provides for the County to continue providing dispatch and required technology equipment and communications/technology services. As noted above, a new agreement to continue dispatch and related services is necessary. The intent of the Dispatch Agreement is to define the respective roles and responsibilities of both the County and the City.

The major operative provisions of the Agreement are as follows:
• Term shall run from July 1st, 2025 through June 30, 2028. However, the Agreement may be terminated by either party with six (6) month notice, provided that if it is terminated by the County, the County must give the City sufficient time to find an alternative service provider. • Mutual aid agreements will be entered into separately. • City is responsible for purchase of any new equipment and any new equipment that is purchased must meet the County standards.
• All equipment and technology devices will meet County standards and specifications. • City agrees to exercise due care and diligence with regard to usage of all equipment subject to this agreement. City is responsible for repairs/replacements due to misuse or negligence. • County is responsible for repairs/replacements due to reasonable wear and tear. • There is a mutual Indemnity clause.

• Cost of contract has 2 components: (1) Communications/IT Support and (2) Emergency Command Center Support. Both costs have a fixed base cost as well as a component based upon actual call volume, including mutual aid responses. The cost is estimated on Exhibit DA-1. Subsequently, costs will be estimated on an annual fiscal year (July to June) basis.

Please note that the scope of dispatch services, for purposes of calculating call volume, includes all calls for mutual aid that involve dispatch the City fire resources to jurisdictions outside the City except to places served by Riverside County Fire. This is a change in methodology/policy that staff has been told will be incorporated into all dispatch agreement renewals for entities that only contract for dispatch with the County. The City has historically provided significant mutual aid/auto aid to its neighbors and thus total call volume has been in the range of 1,800 to 2,500 calls annually. The estimated call volume shown on Exhibit DA-1 to the contract is 1,659. Base on the DA-1 the Total Estimated Cost is $ 189,942 for the FY 2025/2026. The Fire Department has included this cost into the FY 2025/2026 budget.

FINANCIAL IMPACT: Based on the estimated base rates, the Agreement will cost an estimated $189,942 annually. The current budget contains $190,000 for this Agreement. Thus, no additional appropriation will be requested at this time. Annual ongoing costs assume additional mutual aid and auto responses outside the City jurisdiction.

ATTACHMENTS:

Attachment A: Cooperative Agreement with Riverside County Attachment B: Calimesa Exhibit 1 Technology Devices
Attachment C: Calimesa Exhibit DA 1

Dispatch & Communication Cooperative Agreement
City of Calimesa
07/01/2025 to 06/30/2028
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A COOPERATIVE AGREEMENT TO PROVIDE

FIRE DEPARTMENT DISPATCH AND COMMUNICATION SERVICES

FOR THE CITY OF CALIMESA
THIS AGREEMENT, made and entered into this ___ day of ___________, 2025, by and between the City of Calimesa, a duly created city (hereinafter referred to as “CITY”), and the COUNTY OF RIVERSIDE (hereinafter referred to as “COUNTY”), a political subdivision of the State of California, on behalf of the Riverside County Fire Department, whereby it is agreed as follows:

I. Purpose.

The purpose of the Agreement is to arrange for COUNTY to provide the CITY with fire department dispatch and required technology equipment and communications/ technology services. The intent of this Agreement is to define the respective roles and responsibilities of each party.

II. Representation.

A. The Chief Deputy of County Fire shall represent the COUNTY during the period of this Agreement and that Officer shall, under the supervision and direction of the County Executive Officer or designee, have charge of the organization, Riverside County Fire Department in Cooperation with CAL FIRE.

B. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the services contemplated by this agreement.

C. CITY shall appoint a Fire Chief to represent it during the period of this Agreement and that Officer shall, under the supervision and direction of the City Manager, have charge of the organization for the CITY.

III. Payment for Services.

A. CITY shall reimburse COUNTY for the services provided under the terms of this Agreement and further described in Section VI below.

B. COUNTY shall present an invoice to the CITY for the cost of these services as shown in Exhibit “DA-1,” which is a part of this Agreement by attachment.

Based on a July 1 to June 30 fiscal year, CITY will receive an invoice on a quarterly basis in arrears. CITY shall pay each invoice within thirty (30) days after receipt thereof. COUNTY shall annually calculate the rate schedule shown in Exhibit “DA-1” based on the current fiscal year’s budget for County Fire Department dispatch services and number of calls from the previous calendar year.

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C. A new Exhibit DA-1 will be provided to the CITY on an annual basis once the rate is approved by the County Board of Supervisors and shall be labeled as Exhibit DA-1 for the specific period covered by the Exhibit. The fourth (4th) quarter invoice will reconcile all billings in that fiscal year to actual cost and will utilize the calls from the previous calendar year. Each year’s revised Exhibit “DA-1” shall become a part of this Agreement by incorporation and as an Exhibit to this agreement.

IV. Initial Term and Renewal.

A. The term of this Agreement shall be from July 1, 2025, to June 30, 2028. Either party to this Agreement may terminate this Agreement by providing a written notice of termination to the other party hereto no less than six (6) months prior to the effective date of the termination. If such notice is given unilaterally by COUNTY, except any notice issued because of actions of CAL FIRE or CITY, COUNTY agrees to continue to provide Fire Dispatch Services to CITY until such time as CITY has a reasonable opportunity to implement alternative Fire Dispatch Services.

B. Six (6) months prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to extend this Agreement or enter into a new agreement with COUNTY for Fire Dispatch Services and, if so, whether CITY intends to change the level of Fire Dispatch Services provided under this Agreement.

C. If CITY fails to provide the six (6) months’ notice, as defined in paragraph B above, COUNTY shall have the option to extend this Agreement for a period of up to one (1) year from the original termination date and to continue providing services at the same level during the extended period of this Agreement.

D. Six (6) months prior to the date of expiration of this Agreement, or any extension hereof, COUNTY shall give written notice to CITY whether it is willing to extend this Agreement on the same terms or whether it desires to enter into a new agreement with CITY on different terms. If the County is willing to extend the Agreement on the same terms, and CITY’S notice to COUNTY as provided in paragraph B above provides for the City’s desire for the same, then the Parties will memorialize the extension through an amendment to extend the term of the Agreement and services provided and obligations incurred by COUNTY during an extended period shall be accepted by CITY as services and obligations under the terms of this Agreement. If the COUNTY gives written notice to CITY that COUNTY does not want to extend the current Agreement but is willing to enter into an new agreement on different terms, then CITY and COUNTY, may thereafter negotiate a new agreement, and if that new agreement is not reached and executed prior to the expiration of the current Agreement, then the parties can either decide to enter into a short-term extension of the current

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Agreement or let the current Agreement expire and cause a termination of the services provided by the COUNTY under this Agreement.

E. In the event of an extension of this Agreement, the cost of services provided by COUNTY during the extended period shall be based upon the amounts that would have been charged to CITY during the fiscal year in which the extended period falls, had a new agreement been extended under this Section IV.

Payment by CITY for services rendered by COUNTY during the extended period shall be in accordance with Exhibit “DA-1,” of this Agreement.

V. Mutual Aid/Auto Aid.

The COUNTY and the CITY may enter into a separate mutual aid/auto aid agreement for the purpose of providing assistance to each other in the other’s protection jurisdiction. The cost of services under the terms of this Agreement shall include those dispatches pursuant to the terms of any mutual aid/auto aid agreement.

VI. Services by COUNTY.

The COUNTY shall provide dispatch and communications services for CITY as described below. The cost of these services is outlined in Exhibit “DA-1”, except as those costs outlined below under paragraph VI.B.

A. SCOPE OF DISPATCH SERVICES
COUNTY will provide all dispatch services for fire and rescue resources for emergency and routine operations for CITY. This includes activities within the CITY’s primary jurisdiction as well as external or mutual aid/auto aid responses.

CITY agrees to pay for these dispatch services at the rates shown in Exhibit “DA-1” based on the total number of emergency responses within the CITY’s primary jurisdiction and mutual aid/auto aid responses outside the CITY to all jurisdictions, other than the Riverside County Fire Department, made by CITY fire resources for the preceding year.

B. START UP COSTS
CITY is responsible for the initial equipment and start-up costs per the county standard issuance. COUNTY may provide radio communications equipment for the type and number of radios shown in Exhibit DA-1 with the costs and expenses of such equipment being reimbursed to COUNTY based on the actual costs as a direct Invoice to the CITY. City shall not be charged start–up costs for COUNTY’S transfer of existing equipment at the fire station or on the existing fire truck that operates from the Calimesa Fire Station. Additional technology equipment may also be provided during the term of this Agreement, reimbursed to COUNTY by CITY, based on the actual costs to the COUNTY at

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the time of purchase. All technology equipment used will meet Riverside County Fire Department Technology equipment specifications.

C. GRANT OF LICENSE MDC
For and in consideration of the commitments of COUNTY and subject to the fulfillment by CITY of all of its obligations set forth in this Agreement, COUNTY hereby grants to CITY a non-exclusive, non-transferable, license to use the software installed on each Mobile Data Computer (MDC). CITY may not sell, lease, license or otherwise transfer any rights therein, nor use or exploit, for any other use or purpose except as expressly set forth above. COUNTY shall maintain sole and complete control of all licensing agreements and software installed on each MDC.

COUNTY represents and warrants it is the lawful licensee or owner of the MDC software and has all the necessary rights in the MDC software to provide the services and to license the right to use such software to CITY. To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY its officers, employees, subcontractors, agents, and representatives (collectively “City Indemnitees”) for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from the alleged or actual infringement or misappropriation of any United States or foreign patent, copyright, trade secret, trademark, or other proprietary right arising out of or relating to CITY's use of the MDC software in compliance with this Agreement.

D. INSTALLATION
With respect to the installation of each MDC, mounting hardware components and installation will be the responsibility of the CITY as set forth in Exhibit 1 “Technology Devices.” Hardware will meet COUNTY specifications.

Installation will be performed by a COUNTY approved vendor. With respect to the installation of mobile radios and equipment in Exhibit 1, the CITY shall be responsible for all costs associated with installation of equipment.

E. OWNERSHIP
COUNTY shall maintain ownership of all software, applications, and radio programming including frequencies. Until termination of this Agreement, COUNTY shall also own the equipment noted in Exhibit 1. Upon termination of this Agreement, COUNTY shall remove all licensed and proprietary software,

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restore equipment to factory settings and transfer ownership of the equipment as noted in Exhibit 1 to CITY.

F. MAINTENANCE AND/OR REPLACEMENT
CITY agrees to maintain the daily care and usage of all technology equipment with due diligence. CITY shall be liable for repairs or replacement if clearly damaged by negligent and/or wrongful misuse. COUNTY agrees at its discretion to repair or replace any technology equipment as needed for reasonable wear and tear. CITY agrees to pay actual costs for replacement of all technology equipment that has been deemed unrepairable or has reached its end of useful life as determined by the COUNTY.

VII. Indemnification and Hold Harmless.

A. To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "City Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY’s obligation to indemnify, including the cost to defend, the City Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

B. To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "County Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers,

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employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which CITY’s obligation to indemnify, including the cost to defend, the County Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.

C. Each party’s obligations under this Agreement to indemnify the other party shall survive the expiration or earlier termination of this Agreement VIII. Audit.

COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. These records are limited to those specific to the CITY resources dispatched prior to this Agreement, which may include Auto Aid, Mutual Aid, or any calls outside of the CITY’s jurisdiction. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. COUNTY and CITY agree to a similar right to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code, § 8546.7).

IX. Disputes.

CITY shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief Deputy County Fire that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution.

For purposed of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through alternate forms of dispute resolution, including, but not limited to, mediation or non-binding arbitration. The costs associated with the selected form of dispute resolution such as mediation or non-binding arbitration shall be shared equally among the participating parties. If the alternate form of dispute resolution does not resolve the

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issue(s), the parties reserve the right to seek remedies as provided by law or in equity.

Venue for litigation shall be in Riverside County.

Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner.

X. Delivery of Notices.

Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to:

COUNTY CITY OF CALIMESA
County Fire Chief City Manager
Riverside County Fire Department City of Calimesa
210 West San Jacinto Avenue 908 Park Avenue
Perris, CA 92570 Calimesa, CA 92320
Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made.

XI. Public Records Act Requests
The parties understand and acknowledge that, as public agencies, COUNTY and CITY are required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The parties understand and acknowledge that such compliance may require disclosure of all relevant, non-exempt documents that fall within the scope of a qualifying request under the PRA, including documents received from and/or concerning the other party to this Agreement.

XII. Electronic Signature
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person

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with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

XIII. Entire Contract.

This Agreement contains the whole contract between the parties and may be amended or modified upon the mutual written consent of the parties hereto. This Agreement cancels and supersedes any previous agreement for the same or similar services.
[Signature Provisions on following page]

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IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.

CITY OF CALIMESA
Dated: ________________________ By: _____________________________ Linda Molina, City Mayor
ATTEST: APPROVED AS TO FORM:

By: ________________________ By: _____________________________ Darlene Gerdes, City Clerk Steven Flower, City Attorney COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Dated: ________________________ By: _____________________________ Chair, Board of Supervisors
ATTEST: APPROVED AS TO FORM:

KIMBERLY A. RECTOR MINH C. TRAN,
Clerk of the Board County Counsel
By: ________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Counsel

Dispatch & Communication Cooperative Agreement
City of Calimesa
July 1, 2025 to June 30, 2028
Exhibit 1
EXHIBIT 1 “Technology Devices”
Technology Devices:

The equipment below is the minimum required for each dispatched resource to maintain dispatch services. Actual costs will be determined at time of contract execution. Replacements cost will be determined during the time of replacement.

The CITY will be responsible for all costs associated with replacement. All equipment will be provided by COUNTY and will meet the County Standard issuance and specifications. Each dispatched resource will have the following equipment.

Apparatus
• Mobile Data Computer (MDC)
• County Standard MDC mounting and supporting hardware
• Mobile radio
• Cellular phone
• Radio Pager
• Handheld radio. One per seated position
Station
• Base Radio
• Station Alerting devices
• Connectivity T-1 for CAD station alerting and MDC access • 2.4 GHz Wireless equipment
.

Cost for mounting hardware components and installation will be the responsibility of the subscribing agency. Hardware will meet Riverside County Fire Department specifications. Installation will be preformed by an RVC Fire approved vendor.

Riverside County Fire Department will maintain assigned technology equipment to its specifications for as long as the hardware is supported. There is no escrow account for equipment.

COUNTY will be responsible for normal maintenance of all equipment assigned.

COUNTY will be responsible to ensure that all equipment is updated with the COUNTY’s latest software and firmware versions.

-
-
-
-
-
-
-

STATIONS CALLS
25% 75%

94.5 210,466
$658,887 $1,743 $2
$9,557,830 $25,285 $34
$609,122 $1,611 $2
$9,878 $26 $0.04
$10,835,717 $28,666 $38.61
1 @ $28,666 per station $ 28,666
1659 @ $38.61 per call $ 64,054
$ 92,720
Dispatching of all Tribal Fire Department vehicles per the CITY’s Standard Response Plan.

Est Call Volume
Station Basis

TOTAL COST
County will provide the City a revised DA-1 annually.

Maintenance of T-1 and 2.4 Wireless connectivity.

Cost allocation includes the staff salaries for State and County Personnel assigned to the Emergency Command Center. General industry standards require one Dispatcher per 2500 calls. It also includes the costs for upgrading and maintaining the CAD system and supporting applications. Allocation based on 75% call volume, 25% station basis. Call volume based on previous year incident statistics. The cost portion of the rates are reconciled to actual cost in the 4th quarter invoice to the CITY. The call data will not change and is based on the previous calendar year of calls.

TOTAL ANNUAL ECC COSTS
Updating all Mobile Data Computers with the current computer software.

FY25/26 EMERGENCY COMMAND CENTER (ECC) SUPPORT SCHEDULE

COST ESTIMATE
CAPITAL COSTS TO ALLOCATE (Appendix 5)
OPERATING COSTS (Appendix 4)
County Support Personnel (Appendix 3)
State Command/Support Personnel (Appendix 2)

EMERGENCY RESPONSE
BASIS (Appendix 7)

STATION / CALL
(SCHEDULE E)
EXHIBIT "DA-1"

ANNUAL ECC COSTS
The cost for Dispatch and Communication Services include the following:

COST FOR DISPATCH AND COMMUNICATION SERVICES
Reprogram radios to conform to Riverside County Fire Department’s radio plan during Riverside County Fire Department’s pre-identified county wide radio reprogramming.

Maintenance of all Technology equipment due to negligence will be the responsibility of the negligent party.

Maintain the fire station base radio, Mobile Data Computers, mobile radios, handheld radios and radio pagers, and station alerting equipment provided by the Riverside County Fire Department.

Exhibit "DA-1"
Dispatch Communication Cooperative Agreement

CITY OF CALIMESA
July 1, 2025 to June 30, 2028

STATIONS CALLS
25% 75%

94.5 210,466
$0 $0 $0
$5,511,093 $14,580 $18
$3,301,442 $8,734 $12
$309,432 $819 $1.10
$9,121,968 $24,132 $32.51
1 @ $24,132 $ 24,132
1659 @ $32.51 $ 53,928
$ 78,060
12 @ $ 44.24 $ 6,371
1 @ $ 643.28 $ 7,719
0 @ $ 121.76 per month $ -
4 @ $ 750.00 per year $ 3,000
4 @ $ 43.17 per month $ 2,072
$ 19,162

ESTIMATED DIRECT CONNECTIVITY CHARGES
Total Estimated Annual Costs: $189,942

TOTAL ANNUAL CONNECTIVITY COSTS
per month
per month
PSEC Cost
Tablet Command User
Tablet Command Conn

TOTAL ANNUAL COMM/IT COSTS
Est Call Volume
Station Basis
per call
per station
The estimated rate schedules above are calculated annually based on the current fiscal year’s budgeted costs for County Fire Department dispatch services. The fourth (4th) quarter invoice will reconcile all billings to actual cost and will still utilize the same number of calls from the previous calendar year.

OPERATING COSTS (Appendix 4)

COMMUNICATIONS & INFO TECHNOLOGY
The Communication and Info Technology staff is responsible for recommending, ordering and installing all radio and computer equipment. They are also responsible for contracting the installation and repair of all safety communication devices on suppression equipment. Allocation is based on 75% call volume, 25% station basis. The cost portion of the rates are reconciled to actual cost in the 4th quarter invoice to the CITY.

The call data will not change and is based on the previous calendar year calls.

County Support Personnel (Appendix 3)
State Command/Support Personnel (Appendix 2)

PERSONNEL

ANNUAL COMM/IT COSTS
Station T1
MDC Data Charges

TOTAL COST
CAPITAL COSTS TO ALLOCATE (Appendix 5)
EXHIBIT "DA-1" cont.

BASIS (Appendix 7)
(SCHEDULE G)

STATION / CALL

COST FOR DISPATCH AND COMMUNICATION SERVICES
FY 25/26 COMMUNICATIONS / IT SUPPORT SCHEDULE

COST ESTIMATE
Exhibit "DA-1"
Dispatch Communication Cooperative Agreement

CITY OF CALIMESA
July 1, 2025 to June 30, 2028

Sales Office Date Prepared 6/16/2025
1330 Dodson Way, Riverside, CA 92507 Quotation Number 061625 (951) 328-0211Fax: (951) 328-8491 F.O.B. Rivcomm
Quotation For
Riverside County Fire Quotation Valid For 30 DAYS
Prepared By TB
Requested By Ken Parker
Comments or Special Instructions
Quantity Description Unit Price Amount
4 VP-8000GRF3 VHF/7/800 MHz Radio battery/WB antenna/Mic GR $ 4,004.97 $ 16,019.88 Analog FM, P25 CAI AMBE+2, Analog Conventional, P25 Conv, $ - P25 PH1, P25 PH2, 4096 Ch, Multikey DES-OFB, Multikey AES, $ - ARC4, Conv, Voting Scan, TrueVoice Cancellation, WiFi, Bluetooth, $ - Bluethooth low energy, P25 OTAR, OTAP, GPS, OTIP, Instant Recording $ - Replay, Voice Recording, Radio cloning, Broadband datat Service/VPN $ - 4 KNB-L11 Battery Li-Ion 3900MAH $ 148.66 $ 594.64
4 KSC-52AK Desk Top Charger $ 65.97 $ 263.88
4 EVC-KW4-L11 Vehicle Charger $ 171.90 $ 687.60
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Subtotal $ 17,566.00
Sales Tax $ 1,361.37
Installation
Shipping $ 75.00
Total $ 19,002.37
Rivcomm Inc. Quotation
Credit Card Payments are subject to processing fee of

3.5% for Visa/Mastercard/Discovery/AMEX

City Council Meeting
Agenda Report
Agenda Item No. 18
SUBJECT: ACCEPTANCE OF RIGHT-OF-WAY OFFER OF DEDICATION FOR

SELROCCO DRIVE
MEETING DATE: July 21, 2025
PREPARED BY: Will Kolbow, City Manager
Michael Thornton, City Engineer
RECOMMENDATION: That the City Council accept and authorize the Mayor to sign, and City staff to record, the Selrocco Drive Certificate of Acceptance of Offer of Dedication.

BACKGROUND: The Oak Hills Estates tract (Tract Map 12554) was originally developed in the late 1970s and early 1980s, prior to the incorporation of the City of Calimesa. At the time of its development, the only ingress and egress to the development was Selrocco Drive, a condition that still exists today. When the County of Riverside approved Tract Map 12554 in 1982, the streets within the tract were dedicated as public easements for road and utility purposes. However, the map specifically states, “The Board declares that the acceptance of the offers is to vest title in the County on behalf of the public for said purposes but that said roads shall not [emphasis added] become part of the County maintained road system until accepted by resolution of this Board adopted pursuant to Section 941 of the Streets and Highways Code.” A City or County may not accept roads for maintenance for a variety of reasons including, but not limited to, streets that are not built to City or County standards or that the streets will be privately maintained. Since that time, the County did not, nor did the City after incorporation, adopt a Resolution accepting maintenance of the streets.

Subsequently, the Oak Hills Estates Homeowners Association (HOA) installed an entry gate on Selrocco Drive just east of its intersection with Arabian Way. In 1993, the City vacated the streets inside the gate, making those streets private and in ownership of the HOA. However, the portion of Selrocco Drive between the gate and Fremont Street remained public right-of-way, except for a portion of Selrocco Drive described below.

A portion of Selrocco Drive was not included in Tract Map 12554. In 1979, prior to the recordation of Tract Map 12554, Irving D. Holiday, the owner of the property just to the west of the northwest corner of Tract Map 12554, recorded an irrevocable declaration of dedication for the portion of Selrocco Drive between its intersection with Fremont Street and the northwest corner of Tract Map 12554. For an unknown reason, the dedication was never accepted by the County at the time, nor by the City since its incorporation.

DISCUSSION: Selrocco Drive continues to be the sole ingress and egress for the Oak Hills Estates community, along with the homes located on Arabian Way. The portion of Selrocco Drive previously discussed that was offered but never accepted continues to be used as part of this ingress and

egress. This portion of the road is a part of Assessor Parcel Number (APN) 409-160-012. As can be seen in the attached assessor’s map (Attachment C), there is a dotted line indicating the location of the road. The line is dotted to indicate the dedication of the road and its location, but the line being dotted means it has not been accepted. Staff has verified that the dedication is still recorded against the property via a title report.

It is staff’s recommendation that the City Council accept the portion of Selrocco Drive that transverses APN 409-160-012 as public right-of-way for road and utility purposes and authorize the Mayor to sign, and City staff to record, the Certificate of Acceptance of Offer of Dedication. It is important to note that this action only accepts the right-of-way as a permanent easement. Staff is not recommending acceptance of maintenance of any portion of Selrocco Drive at this time.

FISCAL IMPACT: None
ATTACHMENTS:

Attachment A: Offer of Dedication
Attachment B: Certificate of Acceptance of Offer of Dedication Attachment C: Assessor’s Map

City of Calimesa
908 Park Avenue
Calimesa, California 92320

CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION
(Gov’t Code § 27281)
(Permanent Easement on APN 409-160-012)
This is to certify that the grant to the City of Calimesa of that certain portion of that certain real property identified as Riverside County Tax Assessor’s Parcel Number 409-160-012, which is described more particularly in Exhibit “A” and depicted on Exhibit “B” to the attached Offer of Dedication is hereby accepted under the authority of the City Council of the City of Calimesa, and the City of Calimesa hereby consents to the recordation thereof by its duly authorized officer, and further declares that pursuant to Streets and Highways Code §1806, the acceptance of the Offer of Dedication is for the sole purpose to vest title in the City on behalf of the public and that herein referenced dedicated portion of Selrocco Drive between its intersection with Fremont Street and the northwest corner of Tract Map 12554 shall not become part of the City maintained street system until separately accepted by resolution of this City Council.

City of Calimesa, a municipal corporation
Dated: _________________________ By: ______________________________ Linda Molina, Mayor
Attest:

By: _________________________________
Darlene Gerdes, Deputy City Manager/
City Clerk
Approved as to form:

By: _________________________________
Steven Flower, City Attorney

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City Council Meeting
Agenda Report
Agenda Item No. 19
SUBJECT: CONSIDERATION OF AN INVOCATION POLICY FOR CITY

COUNCIL AND CITY BOARDS AND COMMISSIONS
MEETING DATE: July 21, 2025
PREPARED BY: Will Kolbow, City Manager
Steven Flower, City Attorney
RECOMMENDATION: That the City Council adopt Resolution 2025-35, A Resolution of the City Council of the City of Calimesa Establishing an Invocation Policy for Meetings of the City Council and All Other City Boards And Commissions.

BACKGROUND: At the April 21, 2025, City Council meeting, Mayor Molina requested that staff bring forward an invocation policy for City Council consideration. Many legislative bodies throughout the United States, including cities in California, have implemented invocation policies to allow for ceremonial invocations before the start of official meetings. These policies are intended to solemnize proceedings while maintaining inclusivity and legal compliance under the First Amendment.

The attached draft policy has been developed in consultation with the City Attorney to align with guidance provided by the U.S. Supreme Court in Marsh v. Chambers (1983), Town of Greece v.

Galloway (2014), and the Ninth Circuit Court of Appeals in Rubin v. City of Lancaster (2013).

DISCUSSION: The proposed Invocation Policy establishes a content-neutral, inclusive framework that permits volunteer invocation speakers from religious congregations within the City of Calimesa to offer a brief invocation at the opening of City Council and other City Board and Commission meetings.

Key elements of the policy include:
• Voluntary Participation: No person in attendance will be required to participate in the invocation.
• Content-Neutrality: The City will not review, censor, or direct the content of any invocation, but invocation speakers are encouraged to deliver messages that respect the diversity of faiths represented in the community.
• Open Invitation Process: The City Clerk will maintain a Congregations List of local religious organizations and chaplains and will annually invite participation in the invocation schedule.

• Speaker Rotation: Invocation speakers will be scheduled on a first-come, first-served or other neutral basis, with efforts made to ensure a variety of speakers and no single speaker dominating the schedule.
• Optional Observance: Attendance and participation in the invocation are voluntary, and the invocation will not be listed as an agenda item to distinguish it from the City's official business.

Staff researched similar policies from other California cities, all of which follow comparable frameworks that have been upheld in court and successfully implemented in their communities.

Adopting this policy will provide structure, transparency, and consistency for the delivery of invocations at City meetings while complying with applicable constitutional principles.

FISCAL IMPACT: There is no direct fiscal impact associated with the adoption of this policy. Minor staff time will be required for the City Clerk to maintain the Congregations List and coordinate the annual invitation process.

ATTACHMENTS:

Attachment A: Resolution 2025-35

1 RESOLUTION 2025-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA ESTABLISHING AN INVOCATION POLICY

FOR MEETINGS OF THE CITY COUNCIL AND ALL OTHER

CITY BOARDS AND COMMISSIONS

RECITALS
WHEREAS, the City Council is an elected legislative and deliberative public body, serving the citizens of the City of Calimesa; and
WHEREAS, legislative bodies in the United States have long maintained a tradition of solemnizing proceedings by allowing for an opening prayer before each meeting, for the benefit and inspiration of the City Council; and
WHEREAS, “government acknowledgments of religion serve, in the only ways reasonably possible in our culture, the legitimate secular purposes of solemnizing public occasions, expressing confidence in the future, and encouraging the recognition of what is worthy of appreciation in society. For that reason, and because of their history and ubiquity, those practices are not understood as conveying government approval of particular religious beliefs.” Lynch v. Donnelly, 465 U.S. 668, 693 (1984) (O’Connor, J., concurring); and
WHEREAS, the United States Supreme Court held in Marsh v. Chambers, 463 U.S. 783 (1983) “To invoke divine guidance on a public body… is not, in these circumstances, an ‘establishment’ of religion or a step toward establishment; it is simply a tolerable acknowledgment of beliefs widely held among the people of this country.” Id., at 792; and
WHEREAS, the Supreme Court has determined, “The content of [such] prayer is not of concern to judges where… there is no indication that the prayer opportunity has been exploited to proselytize or advance any one, or to disparage any other, faith or belief.” (Id. at 794-795); and
WHEREAS, the Supreme Court has counseled against the efforts of government officials to affirmatively screen, censor, prescribe and/or proscribe the specific content of public prayers offered by private speakers, as such government efforts would violate the First Amendment rights of those speakers. (See Lee v. Weisman, 505 U.S. 577, 588-589 (1992)); and
WHEREAS, the Ninth Circuit Court of Appeals held in Rubin v. City of Lancaster, 710 F.3d 1087 (9th Cir. 2013) that the First Amendment does not categorically bar sectarian legislative invocations and that a content-neutral, inclusive policy for meeting invocations is constitutional; and

2 WHEREAS, the Supreme Court held in Town of Greece, N.Y. v. Galloway, 572 U.S. 565 (2014) that the practice of commencing meetings with a short prayer does not violate the First Amendment’s Establishment Clause so long as the prayers do not “over time denigrate, proselytize, or betray an impermissible government purpose…”; and WHEREAS, the City Council desires to adopt a content-neutral invocation policy that does not proselytize or advance any faith, or show any purposeful preference of one religious view to the exclusion of others in accordance with the First Amendment and the judicial decisions cited above;

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 invocations at meetings of the City Council and all Boards and Commissions for the City of Calimesa, California. This Resolution may be cited as the City’s “Invocation Policy.” SECTION 2. Purpose and Scope.

2.1 Purpose. It is the purpose of this policy to allow for an invocation or prayer to be offered upon the opening of any meeting of the City Council or any other City Board or Commission in order to solemnize such proceedings. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the City with, nor express the City's preference for, any particular faith or religious denomination. Rather, this policy is intended to acknowledge and express the City's respect for the diversity of religious denominations and faiths represented and practiced among the citizens of Calimesa in a manner consistent with this purpose and in compliance with the law, including but not necessarily limited to those judicial decisions cited in the Recitals to this Resolution.

2.2 Scope. This Invocation Policy applies to any and all invocations delivered at any meeting of the City Council or any City Board or Commission. The City Clerk shall post the Invocation Policy on the City’s website and distribute a copy of this Invocation Policy to all City officials and parties interested in providing an invocation at City Council and Planning Commission meetings.

SECTION 3. Invocation Guidelines.

3.1 General Standards.

3.1.1 The invocation shall not be listed or recognized as an agenda item for the meeting so that it may be clear the prayer is not considered a part of the public business.

3 3.1.2 No member of the City Council or City employee or any other person in attendance at the meeting shall be required to participate in any invocation or prayer that is offered.

3.1.3 Shortly before the opening gavel that officially begins the meeting and the agenda/business of the public, the presiding official may introduce the invocation speaker, if any, and the person selected to recite the Pledge of Allegiance following the invocation, and invite only those who wish to do so to stand for these observances.

3.1.4 The invocation shall be voluntarily delivered by an eligible member of the clergy/religious leader (the “invocation speaker”). The invocation speaker shall not receive any compensation for their service.

3.1.5 Invocation speakers are encouraged to deliver a message that neither disparages the faiths and beliefs of others nor attempts to convert others to the particular faith of the speaker, but the invocation speaker shall ultimately be free to offer the invocation according to the dictates of his or her own conscience. Neither the City Council nor any other City Official, Officer, or employee shall engage in any prior inquiry, review of, or involvement in, the content of any prayer to be offered by an invocation speaker.

3.2 Congregations List. The City Clerk shall compile, maintain, and regularly update a list of the religious congregations with an established presence in the City (the “Congregations List”) by referencing the listing for “churches,” “congregations,” or other religious assemblies in the annual Yellow Pages phone book(s) published for the City of Calimesa, or research from the Internet, and consultation with local chambers of commerce.

3.2.1 All religious congregations with an established presence in the local community of Calimesa are eligible to be included in the Congregations List, and any such congregation can request or confirm its inclusion by request to the Clerk.

3.2.2 The Congregations List shall also include the name and contact information of any chaplain serving the City Fire Department or any law enforcement agency serving the City of Calimesa.

3.3 Selection of Invocation Speakers. To ensure that invocation speakers are selected from the Congregations List according to the following procedure:

3.3.1 Within thirty (30) days of the effective date of this policy, and on or about December 1 of each calendar year thereafter, the City Clerk shall mail an invitation addressed to the “religious leader” of each congregation listed on the Congregations List, as well as to the individual chaplains included on the Congregations List. The invitation

4 shall be dated at the top of the page, signed by the City Clerk at the bottom of the page, and read substantially as follows:
“Dear community religious leader,
The City Council makes it a policy to invite members of the clergy and other religious leaders in the City of Calimesa to offer an invocation or prayer before the beginning of meetings of the Council and other City Boards and Commission for the purpose of solemnizing these public occasions. As a leader of one of the religious congregations with an established presence in the City of Calimesa, or in your capacity as a chaplain for a fire department or law enforcement agency serving the City of Calimesa, you are eligible to offer an invocation at an upcoming City meeting. If you to do so, please send a written reply at your earliest convenience to the City Clerk at the address included on this letterhead.

The dates of the City’s scheduled meetings for the upcoming year are listed on the following, attached page, subject to change in accordance with the business needs of the City. If you have a preference among the dates, please state that request in your written reply. The City will attempt to accommodate your request, but in the event two or more requests are received for the same meeting date, invocation speakers will be scheduled on a first-come, first-served or other random basis among those persons who have not delivered an invocation within the past twelve (12) months.

This opportunity is voluntary, and you are free to offer the invocation according to the dictates of your own conscience. To maintain a spirit of respect and ecumenism, the City Council requests only that the invocation message neither disparage the faiths and beliefs of others nor attempt to convert others to the particular faith of the speaker.

On behalf of the City, I thank you in advance for considering this invitation.

Sincerely, City Clerk”

3.3.2 Invocation speakers shall be selected from the respondents to the City’s invitation and shall be scheduled on a first-come, first-served or other random basis, with priority given to persons who have not delivered an invocation at a City meeting within the preceding twelve (12) months. The City Clerk shall make every reasonable effort to ensure that a variety of eligible invocation speakers are scheduled for City meetings. In no event shall any single invocation speaker be scheduled to offer a prayer at consecutive meetings or at more than three (3) City Council meetings in any calendar year.

5 3.3.3 If a scheduled invocation speaker does not appear at the scheduled meeting, the Mayor or presiding officer may, as the presiding officer deems appropriate:
(i) ask for a volunteer to deliver the invocation from among the legislative body or the audience; (ii) invite a moment of silence; or (iii) move on to the next item listed on the agenda.

SECTION 4. Policy Review and Amendments.

The City Manager shall regularly review this Invocation Policy in consultation with the City Attorney to ensure its ongoing, relevance, effectiveness, and compliance with applicable laws. Any amendment to this Invocation Policy must be approved by the City Council.

SECTION 5. 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 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution.

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

LINDA MOLINA, MAYOR
ATTEST:
__________________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 20
SUBJECT: PROFESSIONAL CONSULTING AGREEMENT WITH DAVID

TURCH AND ASSOCIATES FOR LEGISLATIVE ADVOCACY

SERVICES
MEETING DATE: July 21, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the Agreement with David Turch & Associates for in an amount not to exceed $30,000 annually.

BACKGROUND/DISCUSSION: The City has utilized David Turch & Associates, a professional consulting firm specializing in legislative advocacy services, for federal advocacy services (i.e. federal lobbying) for many years. Turch & Associates has assisted the City in obtaining federal grants for much needed projects and infrastructure. In recent years, David Turch & Associates has assisted in securing federal funding for the Calimesa Creek Project (EPA Grant), the County Line Road/Calimesa Blvd. intersection (SAFTEA-LU), Cherry Valley Blvd. interchange, an Emergency Operations Center, and other projects as well. They have also assisted Calimesa with numerous grant applications, federal earmark applications/project profiles for submission to Congressman Calvert’s office, and, most recently, our coordination of our advocacy trip to Washington, DC.

This renewal contract provides for the same terms as the current contract, but does include an increase in compensation from $20,000 to $30,000, as this amount has not been adjusted in a number of years. Staff feels that the increase is warranted given the efforts of Turch & Associates on the City’s behalf.

In addition, as provided in the recent prior agreements as well, Section 3 reads as follows:

This Agreement will automatically be renewed for a period of one (1) additional year unless notice of intent not to renew is made by either party, in writing, delivered to the other, thirty (30) days prior to its expiration date.

In other words, unless the City Council or the Consultant wish to terminate the agreement in the meantime, the agreement will be effective through June 30, 2026.

Finally, the agreement is being amended to clarify that compensation is capped at $30,000 annually and does not include a provision for reimbursement of any expenses.

FISCAL IMPACT: Funding is included in the General Fund of the recently adopted 2025-26 Budget.

ATTACHMENTS:

Attachment A: Professional Consulting Agreement with David Turch & Associates

PROFESSIONAL CONSULTING AGREEMENT
This is an Agreement between the City of Calimesa, California (“City”) and David Turch and Associates, a sole proprietorship, (“Consultant”) of Washington, D.C. Hereinafter, the term "parties" shall refer to both City and Consultant jointly. In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. PURPOSE
A. City hereby engages the services of Consultant to advise, counsel and represent City with, principally but not limited to, its affairs with the Legislative and Executive Branches of the Federal Government.

B. Consultant hereby agrees to faithfully and to the best of its ability, promote and represent City and its interests with federal legislative proposals which could have a substantial impact on City or the conduct of its operations.

C. It is further understood and expected, that from time to time, or on a continuing basis, other tasks, whether general or specific, may be requested and performed by the mutual consent of the parties. Adjustments to the compensation schedule, if any, for such other tasks shall be mutually agreed to by the parties, in writing, on a case-by-case basis.

2. EFFECTIVE DATES
This Agreement will take effect on the 1st day of July 2025 and shall continue in full force and effect for a period of one year to its expiration on the 30th day of June, 2026 unless modified, amended, or canceled by the written mutual consent of the parties, or unless extended under its provisions.

3. RENEWAL
This Agreement will automatically be renewed for a period of one (1) additional year unless notice of intent not to renew is made by either party, in writing, delivered to the other, thirty (30) days prior to its expiration date.

4. COMPENSATION
A. City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the tasks described in Section 1 (Purpose) of this Agreement. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. The total amount paid by the City to Consultant in fiscal year 2025-26 shall not exceed Thirty Thousand Dollars ($30,000), unless additional payment is approved as provided in this Agreement. If renewed pursuant to Section 3 for an additional year, the total amount paid by the City to Consultant in fiscal year 2026- 27 shall not exceed Thirty Thousand Dollars ($30,000), unless additional payment is approved as provided in this Agreement.

B. Consultant agrees that the total compensation of $30,000 set forth in Section 4A includes City’s payment for all of Consultant’s expenses incurred on behalf of the City.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon Consultant at least ten (10) days prior written notice. Upon receipt of said notice, Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, City shall have no obligation to pay to Consultant any additional compensation.

6. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. 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, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing 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.

7. DEFAULT OF CONSULTANT
A. Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to Consultant. If such failure by Consultant to make progress in the performance of work hereunder arises out of causes beyond Consultant's control, and without fault or negligence of Consultant, it shall not be considered a default.

B. If the City Manager or his delegate determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, the City Manager or his delegate shall serve Consultant with written notice of the default. Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance.

In the event that Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

8. FAILURE TO ENFORCE
A. The failure of City to insist upon strict performance of any of the terms and conditions stated herein shall not be deemed a waiver of any rights or remedies that City may have and shall not be deemed a waiver of any subsequent breach or default in the terms and conditions herein contained.

B. The failure of Consultant to insist upon strict performance of any of the terms and conditions stated herein shall not be deemed a waiver of any rights or remedies that Consultant may have and shall not be deemed a waiver of any subsequent breach or default in the terms and conditions herein contained.

9. INDEMNIFICATION
Consultant agrees to defend, indemnify, protect and hold harmless City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or nonperformance of this Agreement, excepting only liability arising out of the negligence of the City.

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

11. ASSIGNMENT
Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of City.

12. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

13. GOVERNING LAW
City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Calimesa.

In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

14. 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.

15. 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.

Agreed to this ____________ day of __________________, 2025 For David Turch and Associates For the City of Calimesa By:

David Turch, Owner
Witness:

By:

Linda Molina, Mayor
Attest:

Darlene Gerdes, City Clerk

EXHIBIT A

PAYMENT RATES AND SCHEDULE
Payment to Consultant shall be paid according to the following schedule:

A. The first month's payment of Two Thousand Five Hundred Dollars ($2,500) shall accompany this Agreement.

B. Thereafter, each month's payment of Two Thousand Five Hundred Dollars ($2,500) is agreed to be due and payable, without additional notice or demand, on or before the first day of each calendar month beginning on or after August 1, 2025.

City Council Meeting
Agenda Report
Agenda Item No. 21
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA, REPLACING RESOLUTION NO. 2011-
38 AND ESTABLISHING ADMINISTRATIVE RULES FOR THE

IMPLEMENTATION OF THE CALIMESA MOBILE HOME RENT
STABILIZATION ORDINANCE.

MEETING DATE: July 21, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council adopt Resolution No. 2025-36, a Resolution of the City Council of the City of Calimesa, California amending the Administrative Rules and Regulations for the Implementation of the Calimesa Mobile Home Rent Stabilization Ordinance(Chapter 9.05 of the Calimesa Municipal Code) and superseding and repealing Resolution No. 2011-38.

DISUSSION: 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 were 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 on April 21, 2025 Ordinance No. 410 was approved with a first reading by title only and a second reading and adoption was approved by the City Council on May 5, 2025.

As a result of these amendments to the Ordinance, amendments to the Administrative Rules are necessary as well. Resolution No. 2025-36 amends the Administrative Rules and Regulations for the Implementation of the Calimesa Mobile Home Rent Stabilization Ordinance (Chapter 9.05 of the Calimesa Municipal Code) to further implement the Mobile Home Rent Stabilization Hearing Office procedures established by Ordinance No. 410, which will supersede and repeal Resolution No. 2011-38.

FISCAL IMPACT: There are no fiscal impacts as a result of this item.

ATTACHMENTS:

Attachment A: Resolution No. 2025-36 adopting the Administrative Rules (including Exhibit A)

RESOLUTION NO. 2025-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA

AMENDING THE ADMINISTRATIVE RULES AND REGULATIONS FOR

THE IMPLEMENTATION OF THE CALIMESA MOBILE HOME RENT
STABILIZATION ORDINANCE (CHAPTER 9.05 OF THE CALIMESA

MUNICIPAL CODE) AND SUPERSEDING AND REPEALING
RESOLUTION NO. 2011-38
WHEREAS, the City Council of the City of Calimesa (“City”) previously adopted Chapter 9.05, containing Sections 9.05.010, et seq., of the Calimesa Municipal Code, pertaining to Mobile Home Rent Stabilization (the “Ordinance”), and further adopted Administrative Rules for the implementation of the Ordinance ( “Rules”); and
WHEREAS, on August 19, 2010, the City Staff conducted a study session with the Calimesa Mobile Home Rent Stabilization Board regarding possible amendments to the Ordinance and Rules, and thereafter conducted a duly noticed public workshop with the park residents on February 23, 2011, and on February 24, 2011 and June 29, 2011, conducted duly noticed workshops with the park owners and their representatives, and thereafter on August 15, 2011 and September 19, 2011, conducted duly noticed public hearings on proposed amendments to the Ordinance and the Rules; and
WHEREAS, on September 19, 2011, the City Council adopted Resolution No. 2011-34, approving the amended Rules with additional amendments to provide for payment of the registration fee monthly and require updated registrations twice a year; and WHEREAS, on October 17, 2011, staff presented the amended Rules with the additional changes requested by the City Council at its meeting on September 19, 2011 so that the City Council could adopt the Rules with all amendments; and
WHEREAS, the City Council directed the issuance of a request for proposal seeking Mobile Home Rent Stabilization Hearing Officer services in place of the Mobile Home Rent Stabilization Board processes; and
WHEREAS, the on May 5, 2025 City Council adopted Ordinance No. 410 updating and clarifying provisions of Chapter 9.05 of the Calimesa Municipal Code pertaining to Mobile Home Rent Stabilization and amending the Calimesa Municipal Code pertaining to the implementation of a hearing officer process and repeal of the Mobile Home Rent Stabilization Board; and WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines.

The City has determined that this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Resolution constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b) (5)). Therefore, because it is not a “project,” this Resolution is not subject to CEQA’s requirements. Further, even if this Resolution were deemed a “project” and therefore subject to CEQA, the Resolution would be covered by the general rule that

CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061 (b) (3)). As an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Resolution does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus this Resolution is not subject to CEQA (Guidelines Section 15061(b) (3));

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

Section 1. All facts set forth in the Recitals of this Resolution are true and correct.

Section 2. The Administrative Rules for the Implementation of the Calimesa Mobile Home Rent Stabilization Ordinance are hereby amended in their entirety to read as set forth in Exhibit “A”, attached hereto.

Section 3. Resolution No. 2011-38 is hereby superseded and repealed by this Resolution No. 2025-xx.

Section 4. Neither the adoption of this Resolution nor the repeal or amendment by this Resolution of the Administrative Rules, or part or portion of any Administrative Rules, previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any provision of the Administrative Rules which violation was committed prior to the effective date of this Resolution, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such Administrative Rules.

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

Section 6. This Resolution shall take effect upon adoption.

Section 7. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 21st day of July, 2025. ______________________________

LINDA MOLINA, MAYOR
ATTEST:

____________________________

DARLENE GERDES, CITY CLERK

ATTACHMENT: Exhibit “A” – Administrative Rules for the
Implementation of the Mobile Home Rent Stabilization Ordinance

EXHIBIT “A” TO CITY COUNCIL RESOLUTION NO. 2025-36

CITY OF CALIMESA

ADMINISTRATIVE RULES FOR THE

IMPLEMENTATION OF THE

MOBILE HOME RENT

STABILIZATION ORDINANCE
(includes amendments through October 17, 2011 pursuant to Ordinance No. 316 and City Council Resolution No. 2011-38) and amendments through July 21, 2025 pursuant to Ordinance No. 410 and City Council Resolution No. 2025-36

TABLE OF CONTENTS
Page

CITY OF CALIMESA ADMINISTRATIVE RULES FOR THE IMPLEMENTATION OF THE MOBILE HOME RENT STABILIZATION ................................................................................................................................ 5 CHAPTER 1 - GENERAL PROVISIONS ................................................................................................................... 5

1.1 Purpose and Interpretation.................................................................................................................... 5

1.2 Public Access and Open Meetings........................................................................................................ 5

1.3 Posting and Delivery of Ordinance to Park Residents........................................................................... 5 CHAPTER 2 – DEFINITIONS...................................................................................................................................... 5 CHAPTER 3 – POWERS AND DUTIES...................................................................................................................... 8

3.1 8

3.2 Mobile Home Park Rent Stabilization .................................................................................................. 8

3.3 Rent Administrator............................................................................................................................... 9

4.9 Hearing Officer Correspondence ........................................................................................................ 11

4.10 Receipt of Evidence Outside of Meeting and Public Contact with Board ............................................ 11

4.20 Rules of Decorum .............................................................................................................................. 12 CHAPTER 5 - REGISTRATION................................................................................................................................ 13

5.1 Annual Registrations.......................................................................................................................... 13

5.2 Registration Upon Changes During Calendar Year............................................................................. 15

5.3 Registration Fees................................................................................................................................ 15

5.4 Complete Information Required ......................................................................................................... 17

5.5 Failure to Pay Registration Fee; Delinquent Registration .................................................................... 17 CHAPTER 6 – PERMITTED ANNUAL RENT INCREASES ................................................................................. 18

6.1 Definitions......................................................................................................................................... 18

6.2 Procedures for Determination of Annual Increase............................................................................... 18

6.3 18

6.4 18

6.5 Rent Schedule .................................................................................................................................... 18

6.6 Protest by Park Residents................................................................................................................... 19

6.7 20

6.8 Notice of Annual Increase to Residents. ............................................................................................. 20

6.9 Spaces Previously Exempt under Civil Code Section 798.17. ........................................................... 20

6.10 Vacancy Increases. ......................................................................................................................... 20 CHAPTER 7 - PETITION FOR SPECIAL RENT INCREASE TO PROVIDE A FAIR RETURN............................ 21

7.1 Fair Return......................................................................................................................................... 21

7.2 Petition Form and Filing Fee .............................................................................................................. 21

7.3 Maintenance of Net Operating Income (“MNOI”) Petition ................................................................. 21

7.4 MNOI Increase Pursuant to Readjusted to July 1, 1991 to June 30, 1992 NOI..................................... 28

7.5 Petition for Special Rent Increase Based on Fair Return Provision...................................................... 29

7.6 Allowable Rent Increases and Petitions Following Special Rent Increase............................................ 30 CHAPTER 8 – SPECIAL RENT INCREASE PUBLIC HEARING PROCESS...................................................... 31

8.1 General Petition Requirements........................................................................................................... 31

8.2 Filing Fee........................................................................................................................................... 32

8.3 Requirement for Submittal of Complete Petition................................................................................. 33

8.4 Rent Administrator Authority............................................................................................................. 38

8.5 Protest in Response or Opposition to Petition for Special Rent Increase.............................................. 39

8.6 Public Hearings before the Mobile Home Park Rent Stabilization Board ............................................ 40 CHAPTER 9 – APPEALS TO THE CITY COUNCIL.............................................................................................. 44

9.1 Appeals.............................................................................................................................................. 44

9.2 General Requirements........................................................................................................................ 44

9.3 Exclusion of New Evidence at Appeal Hearing .................................................................................. 46

9.4 Appeal Fee......................................................................................................................................... 46

9.5 City Council Authority....................................................................................................................... 46

9.6 City Council Decision ........................................................................................................................ 47

9.7 Statute of Limitations........................................................................................................................ 47 CHAPTER 10 – PETITION FOR RENT INCREASE BASED ON CAPITAL IMPROVEMENTS ...................... 48

10.1 Purpose.............................................................................................................................................. 48

10.2 Scope of Capital Improvements; Amortization ................................................................................... 48

10.3 Calculation of Allowable Increases..................................................................................................... 49

10.4 Amortization...................................................................................................................................... 49

10.5 Cost of the Capital Improvement........................................................................................................ 50

10.6 Improvements Necessary for Health and Safety.................................................................................. 50

10.7 Petition Requirements. ...................................................................................................................... 50

10.8 Filing Fee........................................................................................................................................... 51

10.9 Requirement for Complete Petition .................................................................................................... 52

10.10 Rent Administrator Authority............................................................................................................. 54

10.11 Protest in Response or Opposition to Petition for Capital Improvement Rent Increase......................... 55

10.12 Hearings and Appeals on Capital Improvement Rent Increase Petitions.............................................. 56

10.8 Applicability of Chapter..................................................................................................................... 56 CHAPTER 11 – PREVAILING PARK OWNER PETITION FOR RECOVERY OF SPECIAL RENT INCREASE PETITION AND HEARING COSTS INCURRED BEFORE THE BOARD.......................................... 56

11.1 Scope................................................................................................................................................. 56

11.2 Eligibility........................................................................................................................................... 56

11.3 Burden of Proof ................................................................................................................................. 57

11.3 Definitions......................................................................................................................................... 57

11.4 Procedures......................................................................................................................................... 58 APPENDIX “A” ............................................................................................................................................................ 65

CITY OF CALIMESA

ADMINISTRATIVE RULES FOR THE

IMPLEMENTATION OF THE MOBILE HOME RENT STABILIZATION
CHAPTER 1 - GENERAL PROVISIONS

1.1 Purpose and Interpretation.

A. These Administrative Rules and Regulations for the Implementation of the Mobile Home Rent Stabilization Ordinance (“Administrative Rules” or “Rules”) were adopted by the City Council of the City of Calimesa for the purpose of administering and enforcing the Mobile Home Rent Stabilization Ordinance (“Ordinance”), as codified in Chapter 9.05 of the Calimesa Municipal Code (“CMC”).

B. Except as otherwise expressly provided herein, all Rules are mandatory.

C. In the event of any conflict between the Ordinance and the Rules, the Ordinance shall prevail.

D. The City Council shall adopt and shall be the sole approving body of these Administrative Rules and any amendments to these Rules shall be made by resolution and shall be submitted to the City Council for review and approval.

E. .

These Rules shall be interpreted according to their terms, and in accordance with the purposes of the Ordinance. The City Council shall be the final arbiter of any dispute over the interpretation of any provision of these Rules.

1.2 Public Access and Open Meetings
All meetings of the City Council and all meetings conducted by the Mobile Home Park Rent Stabilization Hearing Officer shall be conducted in accordance with Article I, Section 3 of the California Constitution and the Ralph M. Brown Act (California Government Code Section 54950 et seq., as amended from time to time).

1.3 Posting and Delivery of Ordinance to Park Residents In accordance with CMC Section 9.05.010(C), the park owner or park management shall deliver a copy of the Ordinance to every mobile home owner or tenant now residing within their respective mobile home park or parks within thirty days of the adoption of the Ordinance or any amendments thereto, and within thirty days of execution of a rental agreement with any new resident. A copy of the Ordinance, and any amendments thereto, shall be maintained in the manager’s office or other common area location for review by the Park residents during business hours. Evidence of management’s compliance with this Rule shall be included in the annual registration statement filed by management with the City in accordance with Chapter 5 of these Rules.

CHAPTER 2 – DEFINITIONS

The following terms shall have the following meanings in these Rules:

2.1 “Annual Increase” means a permitted annual rent increase determined pursuant to CMC Section 9.05.080 and Chapter 6 of these Rules.

2.2 “Appeal” means an appeal filed with the City Council by a park owner or park resident, or their respective representative(s), in accordance with CMC Section 9.05.120 and Chapter 9 of these Rules, seeking review of a decision of the Mobile Home Park Rent Stabilization Hearing Officer on a petition for a special rent increase, a petition for a capital improvement rent increase, or a petition for temporary rent increase. “Appeal” shall include the completed appeal form, the required appeal fee, deposit(s), all supporting information and documentation, and the written justification for the appeal, as further provided in and required by these Rules and the appeal form.

2.3 “Bureau of Labor Statistics” means the Bureau of Labor Statistics, U.S. Department of Labor

2.4 “Capital Improvement Rent Increase” means a rent increase based on a capital improvement in accordance with CMC Section 9.05.090 and Chapter 10 of these Rules.

2.5 “City” means the City of Calimesa.

2.6 “City Council” means the City Council of the City of Calimesa.

2.7 “City Manager” means the City Manager of the City of Calimesa, or his/her designee.

2.8 “CMC” means the Calimesa Municipal Code.

2.9 “Consumer Price Index” or “CPI” means the CPI All-Items in Riverside-San BernardinoOntario, CA, All Urban Consumers, not seasonally adjusted, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index.

2.10 “Day” means a calendar day, unless otherwise expressly stated in these Rules.

2.11 “Exempt space” means either of the following: (a) a space exempt from rent control based upon a long-term lease or other rental agreement entered into pursuant to California Civil Code Section 798.17 (also referred to as a “leased space”), or (b) a space exempt from rent control pursuant to California Civil Code Section 798.45 (also referred to as “new construction”).

2.12 “Hearing Officer” or “Mobile Home Park Rent Stabilization Hearing Officer” means the person established by Chapter 9.05 of the Calimesa Municipal Code to perform such duties as may be delegated by the City Council.

2.13 “Lease” means a long-term lease or other rental agreement establishing the terms and conditions of a park tenancy, for any space exempt from rent control pursuant to California Civil Code Section 798.17.

2.14 “Management” means the owner of a mobile home park, or an agent or representative authorized to act on his/her behalf in connection with matters relating to a tenancy in the park and the Ordinance.

2.15 “Month-to-month space” means a space subject to rent control under the Ordinance. Also known as a “regulated space”.

2.16 “Ordinance” or “CMC Chapter 9.05” means Chapter 9.05, Section 9.05.010, et seq., of the Calimesa Municipal Code, and as said Ordinance may be amended from time to time.

2.17 “Park Owner” or “Owner” means the owner or operator of a mobile home park or an agent or representative authorized to act on behalf of the owner or operator in connection with the maintenance or operation of such park and matters arising under the Ordinance.

2.18 “Petition” means a petition filed with the City pursuant to CMC Section 9.05.110 and Chapter 8 of these Rules for approval of (a) a capital improvement rent increase under CMC Section

9.05.090 and Chapter 10 of these Rules, (b) a petition for a special rent increase to provide a reasonable return on property under CMC Section 9.05.100 and Chapter 7 of these Rules, and (c) a petition for temporary rent increase in accordance with CMC Section 9.05.140 and Chapter 11 of Rules; and shall include the completed Petition form, the requisite filing fee, deposit(s), and all information and documentation supporting the requested rent increase as required by these Rules and petition form.

2.19 “Petitioner” means any person who submits a petition for a rent increase for a mobilehome park under CMC Chapter 9.05 and these Rules.

2.20 “Public hearing” or “hearing” means an evidentiary hearing before the Calimesa Mobile Home Rent Stabilization Hearing Officer on a petition for a capital improvement rent increase, a special rent increase and/or a temporary rent increase under CMC Section 9.05.110 and Chapter 8 of these Rules.

2.21 “Public Utilities Commission” or “PUC” means the California Public Utilities Commission.

2.22 “Regulated space” means a mobile home space subject to the Ordinance. Also known as a month-to-month space.

2.23 “Rent Administrator” or “RA” means the City Manager of the City of Calimesa, or his/her designee assigned to administer and implement the Ordinance in accordance with CMC Chapter 9.05 and these Rules.

2.24 “Special Rent Increase” means a rent increase to provide a reasonable return, including a maintenance of net operating income (“MNOI”) increase, a rent increased based on a readjusted base year NOI, and/or a fair return rent increase, in accordance with CMC Section

9.05.100(D), (E), or (F) and Chapter 7 of these Rules.

2.25 “Temporary Rent Increase” means a temporary rent increase approved by the City for a specified period of time to reimburse the park owner for the reasonable costs incurred by the park owner in successfully preparing and presenting his/her petition for a special rent increase to the Hearing Officer in accordance with CMC Section 9.05.140 and Chapter 11 of these Rules.

2.26 “Vacancy” or “vacant” means:

A. For mobile home spaces subject to CMC Section 9.05.070(A), “vacancy” means a

change in ownership of a mobile home occupying a space subject to rent control, but excludes a change of ownership between husband and wife, or parent and child, or a change of ownership made for estate planning purposes.

B. For mobile home spaces subject to CMC Section 9.05.070(B), “vacancy” means a mobile home space upon which there is no mobile home or a mobile home space upon which there is mobile home owned by the park owner.

2.27 “Vacancy Increase” means:

A. For spaces subject to CMC Section 9.05.070(A), “Vacancy Increase” means a rent increase upon vacancy as defined in Section 2.25(A) of this Chapter.

B. For park owner-owned mobile homes or space upon which there is no mobile home, “Vacancy Increase” means a rent increase upon vacancy as defined in Section 2.25(B) of this Chapter.

CHAPTER 3 – POWERS AND DUTIES

3.1 City Council. Within the limitations provided by the Ordinance and law, the City Council shall have the following powers and duties:

A. To conduct any appropriate periodic review of the provisions of the Mobile Home Rent Stabilization Ordinance as deemed necessary and appropriate by the City Council.

B. To adopt rules, regulations, policies, guidelines and forms for use by the City Manager, Hearing Officer, park owners and park residents in seeking rent increase under Chapter

9.05 of the Calimesa Municipal Code.

C. To hear appeals from decisions of the Mobile Home Rent Stabilization Hearing Officer on petitions for rent increases.

D. To interpret and apply the Ordinance and Rules in accordance with the purpose and intent of the Ordinance.

E. To carry out such other powers and duties as deemed necessary by the City Council to implement and administer CMC Chapter 9.05 and these Rules.

3.2 Mobile Home Park Rent Stabilization Hearing Officer. Within the limitations provided by the Ordinance and law, the Hearing Officer shall have the following powers and duties:

A To hold meetings from time to time as requested by the Mayor, the City Council, the City Manager, or upon the filing of a petition with the City Clerk.

B. To examine any rental agreement submitted to the Hearing Officer by any party to the rental agreement for the purpose of determining whether the space is subject to rent control under this chapter when reviewing a petition for a rent increase under this chapter.

C. To receive, investigate, conduct hearings on and approve, conditionally approve or disapprove petitions for, or protests against, increases of rents in mobile home parks.

All hearings of the Hearing Officer shall be open to the public.

D. To conduct such studies, surveys, investigations and public hearings and obtain such information as may be necessary to carry out his/her duties.

E. Subject to the approval of the City Council, to adopt, promulgate, amend and rescind such administrative rules and regulations as the Hearing Officer finds reasonable and necessary for the conduct of his/her affairs and to implement and administer the provisions of this chapter.

F. Except where such rules are in direct conflict herewith, the Hearing Officer shall be subject to the regulations and standards of conduct for city commissioners, committee members, board members and hearing officers as established and amended from time to time by resolution of the City Council.

G. To keep records of their proceedings which shall be submitted to the City Council and open for inspection by the public.

H. To perform such other duties as may be delegated to the Hearing Officer by the City Council.

3.3 Rent Administrator. Within the limitations provided by the Ordinance and law, the Rent Administrator shall have the following powers and duties:

A. To review and rule upon protests filed against annual rent increases filed pursuant to CMC Section 9.05.080 and Chapter 6 of these Rules.

B. To review and evaluate petitions for rent increases and appeals filed pursuant to the Ordinance and these Rules to determine if the petitions are complete, and to require submittal of additional information and documentation as may be required for the Rent Administrator to deem a petition or appeal complete, to schedule public hearings before the Hearing Officer on such petitions or the City Council on any appeal, and to make recommendations to the Hearing Officer and the City Council in accordance with CMC Chapter 9.05 and these Rules.

C. To develop forms, procedures and policies for administration and implementation of the Ordinance and these Rules to the extent not inconsistent with the Ordinance, Rules or forms adopted by the City Council.

D. To serve the park owner and park residents with a copy of the final decision of the Hearing Officer on a petition, and the final decision of the City Council on any appeal.

E. To perform such other duties as are specified in CMC Chapter 9.05 and these Rules, and take such other actions as may be necessary to implement and administer the provisions of the Ordinance and these Rules.

CHAPTER 4 - MOBILE HOME PARK RENT STABILIZATION HEARING PROCESS .4.1 Hearing Officer Meetings Hearing Officer meetings may be called at any time by the Rent

Administrator (“RA”) or the Hearing Officer appointed by the City, for the Hearing Officer to conduct evidentiary hearings on applications for special rent increases and temporary rent increases based on special rent petition and hearing costs, or appeals from RA decisions on applications for capital improvement rent increases or emergency capital improvement rent increases, and to consider any other matters within the jurisdiction of the Hearing Officer pursuant to the Ordinance.The Hearing Officer may adjourn any meeting to a date, time and place specified in the order of adjournment.

If Hearing Officer is absent from any meeting, the RA or City Clerk may declare the meeting adjourned to a stated time and place, and he/she shall cause a written notice of the adjournment to be given in the same manner as provided for meetings.

A copy of the order or notice of adjournment shall be conspicuously posted on or near the door of the place where the meeting was held within twenty-four (24) hours after the time of the adjournment.

4.5 Hearing Officer Meetings to be Public
All meetings of the Hearing Officer shall be open to the public.

4.6 Meeting Agenda
The Hearing Officer agenda shall be prepared in accordance with the following rules:

A. Definition. As used in these Rules, the term “agenda” means (1) the order of business, including all items and matters to be discussed and/or considered at a Hearing Officer meeting; and (2) all staff reports, communications, resolutions, contract documents, proposals, expert reports, petitions, oppositions, appeals, and other documents or matters to be submitted to the Hearing Officer for consideration and/or action at a meeting.

B. Submittal Deadlines.

1. Except as otherwise provided in Paragraph (3)below, Chapter 8 of these Rules concerning public hearings, and/or Chapter 9 concerning appeals, all documents and materials of any kind proposed by any person to be included in an agenda shall be delivered to the RA not later than 12:00 noon on the day which is fourteen (14) days preceding a Hearing Officer meeting (excluding the day of the meeting).

2. Except as otherwise provided in Paragraph (3), below, Chapter 8 of these Rules concerning public hearing items, and/or Chapter 9 concerning appeals, the Agenda shall be delivered to the Hearing Officer on the sixth (6th) calendar day preceding the meeting to which it pertains (excluding the day of the meeting), and shall be made available to the public after submission to the Hearing Officer.

3. All rent increase petitions, including petitions for capital improvement rent increases (pursuant to CMC Section 9.05.090), petitions for an MNOI rent increases, readjustment to base year NOI, and/or fair return rent increases (pursuant to CMC Section 9.05.100), and/or petitions for temporary rent increases (pursuant to CMC Section 9.05.140), and any opposition or other

response to any rent increase petition, shall be submitted to the RA in accordance with requirements of CMC Chapter 9.05 and these Administrative Rules.

4.7 Hearing Officer Correspondence
A. No document or other writing which is exempt from disclosure by the Public Records Act (Section 7920.000 et seq. of the California Government Code), or any other provision of law, shall be disclosed or treated as a public record.

B. Except as otherwise provided by law, registration forms, petitions for rent increases , opposition or response to any rent increase petition, appeals and/or any opposition or response to any appeal, along with any and all supporting documentation or other materials submitted in response to any such petition, opposition and/or appeal, shall be public records and open to inspection in accordance with the Public Records Act (Government Code Section 792.000 et seq.). Agendas, including any staff reports, minutes, correspondence and other documentation prepared by Staff for any meeting of the Board shall not be public records until distributed to the Hearing Officer prior to the Hearing Officer meeting except as may be otherwise required by the California Public Records Act (California Government Code Section 7920.000, et seq.) and/or the Ralph M. Brown Act (Government Code Section 54950, et seq.).

4.8 Receipt of Evidence Outside of Meeting and Public Contact with Hearing Officer A. Except as otherwise provided in these Rules, the Hearing Officer shall not, after a petition necessitating a public hearing has been filed with the City, solicit or receive evidence outside of the public hearing on such petition.

B. Receipt of unsolicited letters or other documents by the Hearing Officer shall not constitute a violation of Subsection (A) of this Rule, but shall be disclosed as provided in Subsection (C) herein. Said documents shall be made a part of the record at the time of the public hearing on a rent increase petition.

C. A hearing officer who has received evidence outside of the public hearing, or who has viewed the subject property, or is familiar with the subject property, shall fully disclose at the public hearing such evidence and his/her observations and familiarity with the property and/or subject matter so that the petitioner, opponent, and other interested persons may be aware of the facts or evidence upon which s/he is relying and have an opportunity to controvert it. All written evidence received or offered to the Hearing Officer outside of the hearing shall be filed with the Rent Administrator.

4.9 Recording of Meetings
All Hearing Officer meetings, including any public hearings on rent increase petitions, shall be recorded by the City in accordance with the procedures for recording of City Council and Planning Commission meetings. The Hearing Officer may, in his/her discretion, direct that the Rent Administrator keep minutes of each meeting.

4.10 Sworn Testimony.

A. During public hearings on rent increase petitions, including petitions for capital improvement rent increases, special rent increases and temporary rent increases, the Hearing Officer shall require all witnesses to be sworn in and testify under oath, and all testimony shall be under penalty of perjury. In any other proceedings or meetings before the Hearing Officer, the Hearing Officer may require any person addressing the Hearing Officer to be sworn as a witness and to testify under oath and under penalty of perjury.

B. During any appeal before the City Council from any decision of a Hearing Officer on a rent increase petition, the City Council shall require all witnesses to be sworn in by the City Clerk and testify under oath, and all testimony on any appeal shall be under penalty of perjury. 4.11 Addressing the Hearing Officer
The following rules, in addition to those set out in this Chapter 4 and Rule 8.6, “Public Hearings before Mobile Home Rent Stabilization Hearing Officer”, shall govern public testimony before the Hearing Officer.

A. Manner of Addressing the Hearing Officer. Each petitioner or other person desiring to address the Hearing Officer shall state his/her name and address for the record, state the subject s/he wishes to discuss, state whom s/he is representing if s/he represents an organization or other person. Presentation time shall be limited to five (5) minutes, or as otherwise defined by the Hearing Officer. Except as otherwise allowed by the Hearing Officer during examination of a witness, all comments or other discussion by any person shall be addressed to the Hearing Officer.. No question shall be asked of City staff or another person without the permission of the Hearing Officer.

B. Group Spokesperson. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Hearing Officer on the same subject matter, it shall be proper for the Hearing Officer to request that a spokesperson be chosen by the group to address the Hearing Officer and, if additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Hearing Officer.

C. After Public Hearing Closed. After a public hearing has been closed, no member of the public shall address the Hearing Officer from the audience on the matter under consideration without first securing permission to do so by the Hearing Officer.

D. Continuance of Hearings. Any public hearing being held or noticed or ordered to be held by the Hearing Officer or Rent Administrator may, by order or notice of continuance, be continued or re-continued to any subsequent meeting in the manner provided herein for adjourned meetings; provided that if the hearing is continued to a time less than twenty-four (24) hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was adopted or made.

4.12 Rules of Decorum
A. Hearing Officer. While the meeting is in session, the Hearing Officer shall be responsible for preserving order and decorum.

B. Employees. Members of the Administrative staff and other employees of the City shall observe the same rules of order and decorum members of the public or as otherwise instructed by the Hearing Officer, provided that members of City staff may leave their seats during a meeting without first obtaining the permission of the Hearing Officer.

Any staff member desiring to address the Hearing Officer, or any members of the public shall first be recognized by the Hearing Officer. All remarks shall be addressed to the Hearing Officer and not any member of the public, except as otherwise authorized by the Hearing Officer during examination of a witness C. Unacceptable Conduct. Any person making impertinent, slanderous, or profane remarks or who becomes boisterous while addressing the Hearing Officer or during examination of a witness shall be called to order by the Hearing Officer, and, if such conduct continues, may at the discretion of the Hearing Officer be ordered barred from further questioning any witness, addressing the Hearing Officer and/or ordered to leave the meeting.

D. Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations which disturb the peace and order of the meeting, or who refuse to comply with the lawful order(s) of the Hearing Officer shall, upon instructions from the Hearing Officer, be removed from the meeting room.

CHAPTER 5 - REGISTRATION

5.1 Annual Registrations
A. Deadline for Submittal. Annual registration is due no later than the 31st of January each year and shall be submitted under penalty of perjury on the City-approved form, and shall include all information and documentation set forth in Subsections (B) through (H) of this Rule 5.1.

B. Applicable Time Period. The owner shall provide all information and documentation for all categories listed in Subsections (C) through (H) for (i) the time period extending from January 1st of the immediately preceding calendar year and (ii) current as of the date of submittal of the annual registration statement
C. Current Rent Rolls. The park owner shall provide a list of all spaces by space number or other identifying number/address, and copies of the rent rolls showing all current rents for all spaces in the park.

D. Month-to-Month Spaces. The park owner shall provide the current rent charged for each month-to-month space; the effective date of the current rent for each space; the utilities, housing services and amenities included in the space rent for each month-tomonth space; the utilities, housing services and amenities charged separately from the space rent for each space; and for any space that came off an exempt lease or rental agreement during the immediately preceding calendar year, the lease expiration date and the monthly space rent in effect as of the lease or rental agreement expiration or termination date.

1. If more than one rent increase was imposed on a space during the immediately preceding calendar year, the registration form shall also include all other rent increases imposed on the space during the immediately preceding calendar year; the effective date of each other rent increase; the amount of each other rent increase; and the provision of the Ordinance or other basis upon which each other rent increase was imposed (e.g., exempt space, CMC Section 9.05.080, CMC Section 9.05.100).

2. If any utilities, housing services or amenities were previously included in the rent, but were separated from the rent during the immediately preceding calendar year, the annual registration shall also include a list of each utility, service and/or amenity separated from the rent during the immediately preceding calendar year; the date that the separate billing became effective; the amount by which rent was reduced; and the initial amount charged for each separately billed utility, service and/or amenity.

E. Exempt Spaces.

1. For each space exempt pursuant to CMC 9.05.020(A), the park owner shall provide a list of the space numbers; current space rent charged for each space; the utilities, housing services and amenities included in the space rent for each exempt space; the utilities, housing services and amenities charged separately from the space rent for each exempt space; and the commencement date and expiration date or termination date for each exempt long-term lease or other rental agreement). .

2. For each space exempt under CMC 9.05.020(B), the park owner shall provide a list of the space numbers; current space rent for each space; and dates of construction of each space.

F. Vacant Spaces. The park owner shall provide a list of all vacant spaces in the park, the dates of vacancy during the immediately preceding calendar year up to and including the date of registration, and for any space subject to CMC 9.05.070(A) and (B), the initial rent upon re-occupancy following vacancy during the immediately preceding calendar year up to and including the date of registration and the utilities, housing services and amenities included in the space rent and charged separately from the space rent for each time period.

G. Park Ownership Changes. The park owner shall provide the date of any change of ownership of the park; and the full name and all other registration information for the new park owner, as of the date of submittal of the Petition, and during the immediately preceding calendar year.

H. Management-Owned Mobile Homes. The park owner shall provide the date each mobile home became owned, rented, leased or used by management; the space numbers for all such mobile homes owned, rented, leased and/or used by management; dates of park ownership, rental, lease or use; current rent for each space; the utilities, housing services and amenities included in the current rent for each space, and the utilities, housing services and amenities charged separately from the current rent for each space; and if owned, rented, leased or used by the park owner or manager during the

immediately preceding calendar year, the utilities, housing services and amenities included in the rent for each space for the immediately preceding calendar year and the utilities, housing services and amenities charged separately from the rent for the immediately preceding calendar year.

5.2 Updated Registration Upon Changes During Calendar Year Parks subject to the Ordinance shall submit an updated registration statement to the Rent Administrator on or before June 30th of each calendar year under penalty of perjury in accordance with Rule 5.1 and the following provisions:

A. Changes in Space Status. The updated annual registration statement shall include complete information on the change in status of any space that occurred since the last annual registration statement was filed in accordance with the following requirements:

1. As used herein, “change in status” means (i) any change in the occupancy of a space as a month-to-month space, exempt space or vacant space; or (ii) any change in ownership, rental or use of a mobile home from a mobile home owned by a tenant to a mobile home owned, leased, rented or used by management; or (iii) any change in the mobile home occupying a space, such as the placement of a new mobile home in a space from outside the Park, or the transfer of a mobile home from one space in the Park to another space in the same Park; and (iv) any other change in the status of a mobile home and/or occupant in a space., .

B. Park Ownership Changes. The updated registration form shall include complete information on all park ownership changes that have occurred since the most recent annual registration statement was filed. The updated registration statement shall include all information required by Rule 5.1 for the new owner and any new or modified information from the prior registration statement.

C. Management Changes. The updated registration statement shall include all changes in the park’s onsite or offsite management that have occurred since the last annual registration statement was filed including the information required by Rule 5.1 for the new manager, and any new or modified information from the prior registration statement.

The updated annual registration statement shall be filed with the Rent Administrator on the City-approved form.

5.3 Registration Fees
A. Establishment of Registration Fee. The initial registration fee shall be forty-three dollars and eight cents ($43.08) per year, or three dollars and fifty-nine cents ($3.59) per month per regulated month-to-month space in each park subject to the Ordinance.

The City Council may amend from time to time, by resolution, the registration fee and penalties for late registration as well as a failure to register, for each regulated mobile home park. The park owner shall pay the annual registration fee on a monthly basis, no later than the 30th of each month. The park owner shall not be current on the registration fee until payment of the required registration fee for that month for all regulated spaces in the park. No registration fee shall be charged to any exempt space.

B. Non-Compliance. A park owner’s failure or refusal to pay any required registration fees in a timely manner shall also be considered delinquent registration and/or a failure to register or delinquent registration as outlined in Rule 5.5.

C. Waiver of Penalties. A waiver of the penalty for failure to pay the required registration fees may be granted by the Rent Administrator upon a showing of exceptional circumstances beyond the control of the park owner, which made it impossible for the registration fees to be made in a timely manner.

D. Resident Payment.

1. The park owner may bill a maximum of one-half of the total monthly registration fee paid to the City to the regulated spaces in the Park each month, not to exceed $1.79 per month per space (the “Park Resident Registration Fee Portion”). The park owner shall not bill the residents of any regulated space in a lump sum for the residents’ share of the annual registration fee ($21.48). The City Council may amend from time to time, by resolution, the amount that a park owner may bill to each regulated space in the mobile home park. The Park Resident Registration Fee Portion may be included in the monthly statement of rent due, but shall be itemized separately, and shall not be deemed to be a part of the rent or included in the rent base when calculating rent increases. At no time shall the amount of registration fee billed to any resident on a rent statement exceed one-half of the monthly amount paid by the Park Owner to the City for that space for the relevant year, except as otherwise provided in paragraph (4) of this Rule 5.3(D) regarding retroactive billing.

2. Residents shall pay their Park Resident Registration Fee Portion to the park owner not later than the deadline for payment of space rent under the rental agreement.

3. No park resident shall be charged any late fee, penalty or other charge in connection with his/her late payment or nonpayment of the Park Resident Registration Fee Portion (collectively “Registration Late Fee”) except in accordance with the following provisions:
a. The Park Resident Registration Fee Portion shall be late if not paid prior to the date that space rent is defined as “late” under the applicable rental agreement for the space. If there is no rental agreement, or the rental agreement does not include any late charge provision, the resident portion shall be late if not paid prior to the first of the month immediately following the month in which the registration fee is due.. b. The Registration Late Fee charged to a regulated space shall not exceed the monthly Park Resident Registration Fee Portion due for the space, or not more than $1.79. The maximum amount of a Registration Late Fee paid for any regulated space shall be the total annual registration fee due from the Park Owner for that space, or not more than $21.48 from any regulated space. This limit applies regardless of the number of months that a resident fails to pay, or pays is late paying any or all of the Park Resident Registration Fee Portion, and regardless of the number of

occupants of the regulated space.

4. If a park owner fails or neglects to bill the residents of a regulated space for the Park Resident Registration Fee Portion (or any part of such portion) for any month, the park owner may retroactively bill the park residents of a regulated space for the previously unbilled registration fees only if the park owner provides the residents with the same time period to pay as the park owner was late in billing for the fee. The park owner shall not retroactively bill the park residents for any unbilled fees covering any period of time longer than 12 months prior to the date of retroactive billing. The park owner shall not charge late fees or any other charges on the payment of any retroactively-billed registration fees if the Park Resident Registration Fee Portion is paid by the residents within the time allowed by this sub-paragraph, but may charge a Registration Late Fee if paid thereafter. .

5. Except as otherwise provided in the Ordinance or this Rule, no other charges, fees, penalties, fines or payments of any kind shall be charged to, imposed on, or demanded or collected from any resident of any regulated space in connection with any registration fee, nonpayment of registration fee and/or late payment of any registration fee.

6. In each annual and updated registration statement and rent schedule filed with the City, the park owner shall list the amounts billed to and collected from each regulated space for the Park Resident Registration Fee Portion, Registration Late Fee, and any retroactively-billed Park Resident Registration Fees, for the period covered by the registration statement and rent schedule, in accordance with the City-approved forms.

5.4 Complete Information Required.

The park owner shall submit all information and documentation required by the City-approved registration form. If the RA determines that the registration form is incomplete, or indicates a possible violation of the Ordinance, the RA shall have the authority to request any additional information or documentation from the owner. No registration shall be deemed complete until the RA issues a written determination to the owner that the owner submitted all information required by this chapter. Within thirty (30) days after a registration form is submitted, the RA shall either notify the owner that the registration form is complete, or notify the owner of the additional information or documentation required in order to complete the registration process.

5.5 Failure to Pay Registration Fee; Delinquent Registration A park owner who fails to comply with the registration provisions outlined in Section 9.05.060 of the Ordinance or this Chapter, including but not limited to a failure to submit the complete annual registration form or a failure to pay the required registration fee, shall not be entitled to charge, collect, retain, or apply for any rent increase permitted by the CMC. A park owner shall not be eligible for an Annual Increase unless his/her park is registered as required by the Ordinance and this Chapter, and the park owner is current on payment of his/her monthly registration fees required by CMC Section 9.05060(F) and Rule 5.3. No petition for a Capital Improvement Rent Increase, Special Rent Increase or Temporary Rent Increase shall be filed with the City until the park owner receives written confirmation from the RA that the park’s registration statement(s) and payment of the park’s monthly registration fees are current, as required by the Ordinance and these Rules. This provision shall not apply to any park exempt

from the Ordinance pursuant to State law.

No Capital Improvement Rent Increase, Special Rent Increase or Temporary Rent Increase shall be approved by the City unless the park owner is currently registered and current on payment of his/her monthly registration fees as required by CMC Section 9.05.060 and Chapter 5 of these Rules.

CHAPTER 6 – PERMITTED ANNUAL RENT INCREASES

6.1 Definitions. In addition to the definitions set forth in Chapter 2, the following definitions shall be used in determining an Annual Increase under Section 9.05.080 of the Ordinance and this Chapter:

A. “Annual Increase” or “Permitted Annual Increase” means an Annual Increase in space rent based on eighty percent (80%) of the increase in the CPI over the prior twelve (12) months.

B. “Current space rent” means the space rent in effect for a space as of the date of issuance of a notice of rent increase based on an Annual Increase determined in accordance with this Chapter.

6.2 Procedures for Determination of Annual Increase
Except as otherwise provided in the Ordinance, a park owner may increase the rent on a mobilehome space once every twelve (12) months by 80% of the increase in the CPI during the preceding twelve (12) months.

6.3 Eligibility. A park owner shall not be eligible for an Annual Increase for any regulated space in his/her park unless (i) the park is currently registered with the City and otherwise in compliance with these Rules and the Ordinance, and (ii) the space has not received a rent increase or other increase in rent during the preceding twelve months.

6.4 Determination of CPI Indexing Figure. In determining an Annual Increase under CMC Section

9.05.080, the park owner shall comply with the following requirements.

A. Rent Administrator Provision of CPI Indexing Figure. Management shall obtain the CPI from the U.S. Department of Labor, Bureau of Labor Statistics, and shall use the CPI most recently available to determine the CPI Indexing Figure under this Chapter. Management may contact the Rent Administrator to confirm the applicable CPI Indexing Figure to be used in calculating the Annual Increase.

B. Explanation of Rent Increase. The notice of rent increase issued to any park resident shall include an explanation of the method and calculations by which the rent increase was determined under this Rule.

6.5 Rent Schedule. Pursuant to CMC Section 9.05.08(D), concurrently with issuance of the notice of rent increase to the affected residents, management shall file a rent schedule with the Rent Administrator, in accordance with the following requirements:

A. Form. The rent schedule shall be consistent with the form approved by the City, and

shall be accompanied by a declaration under penalty of perjury under the laws of the State of California, certifying that the information contained in the schedule is true and correct.

B. Contents. The schedule shall contain all of the following information:

1. The name of the park..

2. The complete name of the park owner, and if ownership changed during the prior twelve months, the full name, business address, mailing address of the new owner, and the date of the current owner’s purchase or acquisition of the park.

3. A list of all spaces to be subject to the proposed Annual Increase.

4. The date of the last rent increase imposed for each space, and the reason and type of rent increase. If the last rent increase charged was based upon a rent increase authorized under the Ordinance, the schedule shall specify the type of rent increase, the applicable section or subsection under the Ordinance, the effective date of approval of the rent increase, the methodology used, and the amount of the rent increase approved by the City and/or pursuant to the Ordinance. If the last rent increase charged was based on a Vacancy Increase, the schedule shall specify the method by which the Vacancy Increase and the applicable reason under CMC Section 9.05.070, and provide any supporting documentation. If the last rent increase charged was based on a lease or rental exempt from this chapter pursuant to CMC Section 9.05.020(A), the schedule shall specify the method by which the rent increase was determined based on the lease, and provide supporting documentation.

5. A list of all spaces subject to the Annual Increase.

6. The rent currently being charged for each affected space as of the date of service of the notice of rent increase.

7. The amount of the proposed Annual Increase, and the method and calculation by which the proposed Annual Increase for each space was determined under Subsection (B) of this Rule 6.5.
8 The proposed new rent for each space based on the proposed Annual Increase.

6.6 Protest by Park Residents.

A. Form. The Rent Administrator may adopt a form for use by park residents in filing a protest to any proposed Annual Increase. Use of the form shall be optional, so long as the protest is in writing, and all information requested by the form is contained in the written protest.

B. Contents. A protest shall include the following information:

1. The name, address and telephone number of the resident filing the protest. If the protest is filed by a resident representative, the protest shall also include the full name, address, and telephone number of the resident representative..

2. The grounds for the protest, including the specific Ordinance or Rules provision(s) allegedly violated by the park owner, the factual basis for the protest, and the documentation supporting the protest.

3. Proof of service of the protest on the park owner by personal delivery or mailing by first-class mail, postage pre-paid, to the last known business address for management.

4. A declaration under penalty of perjury under the laws of the State of California that the information contained in the protest is true and correct.

6.7 Rent Administrator Action and Determination.

A. Upon receipt of the protest, the Rent Administrator shall serve management with written notice of receipt of the resident protest, along with a copy of the protest.

B. In reviewing a protest filed by the park resident(s), the Rent Administrator may request such additional information and/or documentation from the park owner or park residents as the Rent Administrator determines may be necessary to resolve the protest.

The Rent Administrator’s decision shall include findings pursuant to CMC Section

9.05.080(H).

C. Within thirty (30) days of receipt of the protest, the Rent Administrator shall send a copy of his/her written decision by first-class mail, postage prepaid, to management and to each resident or other interested person who filed the protest. The Rent Administrator’s decision shall be effective upon deposit of the decision in the U.S.

Mail.

6.8 Notice of Annual Increase to Residents.

A park owner shall notify the residents affected by the Annual Increase in accordance with State Law. A park owner shall not notice an Annual Increase prior to prior to filing the rent schedule with the City, but such may occur concurrently.

6.9 Spaces Previously Exempt under Civil Code Section 798.17.

In the event that a space was previously exempt from the Ordinance under a lease or other long-term rental agreement pursuant to California Civil Code Section 798.17, upon expiration or termination of the exempt lease or rental agreement the base space rent, for purposes of calculating the Annual Increase, shall be the rent in effect as of the date of expiration of the exempt lease or other rental agreement, and the previously exempt space shall thereafter be subject to all provisions of the Ordinance and these Rules.

6.10 Vacancy Increases.

In addition to the information set forth in Rule 6.5, the park owner shall also include the following information regarding Vacancy Increases in the park rent schedule or updated schedule filed with the City:

A. Parks Subject to CMC Section 9.05.070(A)

For any regulated park, or portion thereof, subject to CMC Section 9.05.070(A), the park owner shall include all Vacancy Increases imposed on any spaces exempt from the Ordinance in the park rent schedule or updated park rent schedule filed with the City pursuant to CMC Section

9.05.060.

B. Parks Subject to CMC Section 9.05.070(B)
For any regulated parks subject to CMC Section 9.05.070(B), the park owner shall include all Vacancy Increases imposed on any park owner-owned mobile homes, or any mobile homes moved onto a vacant space, in the park rent schedule or updated park rent schedule filed with the City pursuant to CMC Section 9.05.060.

CHAPTER 7 - PETITION FOR SPECIAL RENT INCREASE TO PROVIDE A FAIR RETURN

7.1 Fair Return
It is the intent of the Ordinance to establish rents at a level, which will provide park owners with a fair and reasonable return while protecting the residents from excessive rent increases.

7.2 Petition Form and Filing Fee
All petitions for a Special Rent Increase pursuant to CMC Sections 9.05.100 and 9.05.110 must be submitted, in accordance with the requirements set forth in this Chapter and Chapter 8 of these Rules.

7.3 Maintenance of Net Operating Income (“MNOI”) Petition An owner who believes the Annual Increases provided by the Ordinance are not sufficient to provide him/her with a fair return, may apply to the City Rent Administrator for a rent increase for the park on the ground that an additional rent increase is necessary to allow the park owner to maintain net operating income (“MNOI”) in accordance with CMC Section 9.05.100(A) through (D). A petition for an increase under these provisions shall hereinafter be referred to as a “Petition For MNOI Increase” or “MNOI Petition”.

A. Complete Petition Required. An MNOI Petition shall not be deemed complete unless the Park Owner submits a Petition as required by the Ordinance and these Rules, including all information and documentation required by the Petition form, and payment in full of the filing fee and any applicable deposit(s).

B. Definitions. For purposes of Special Rent Increase proceedings under CMC Sections

9.05.100 and 9.05.110, and this Chapter, the following definitions shall be used:

1. “Base Year”: Base Year shall be determined in accordance with CMC Section

9.05.100(B)(1).
a. Examples of Base Year Determination
Example #1 (“Base Year” under CMC Section 9.05.100(B)(1)(a)):

Green Park files a petition for a Special Rent Increase under CMC

9.05.100(D) for the first time in 2012. The “Base Year” is the fiscal year commencing July 1, 1991 and ending June 30, 1992 (or “fiscal year 1991/1992”).

Example #2 ( “Base Year” under CMC Section 9.05.100(B)(1)(b)):

Blue Park obtained approval of a Special Rent Increase under CMC Section 9.05.100(D) for the first time in 2006. Calendar year 2005 was the “current year” used in determining the Special Rent Increase in the 2006 petition. In 2013, Blue Park petitions for another Special Rent Increase under CMC Section 9.05.100(D). The “Base Year” to be used to evaluate the 2013 petition is calendar year 2005.

Example #3 (“Base Year under CMC Section 9.05.100(B)(1)(b)): Red Park filed a petition for a Special Rent Increase under CMC Section

9.05.100(D) in 2003, which was denied by the City. Calendar year 2002 was the “Current Year” in the 2003 petition. In 2014, Red Park files another petition for a Special Rent Increase under CMC Section

9.05.100(D). The “Base Year” to be used to evaluate the 2014 petition is fiscal year 1991/1992.

2. “Base Year CPI”: The Base Year CPI shall be determined in accordance with CMC Section 9.05.100(B)(2).
a. Examples of “Base Year CPI”
Example #1 (Base Year CPI under CMC Section 9.05.100(B)(2)(a)):

The “Base Year CPI” for purposes of calculating an initial MNOI Rent Increase under CMC Section 9.05.100(D) or 9.05.100(E) and this Chapter shall be 146.2.

Example #2 (Base Year CPI under CMC Section 9.05.100(B)(2)(b)):

Blue Park obtained approval of a special rent increase under CMC Section 9.05.100(D) for the first time in 2006. Calendar year 2005 was the “current year” used in determining the Special Rent Increase in the 2006 petition, and the “current year CPI” used in evaluating the 2006 petition was 211.1. In 2013, Blue Park petitions for another Special Rent Increase under CMC Section 9.05.100(D). The “Base Year CPI” to be used in evaluating the 2013 petition is 211.1.

Example #3 (Base Year CPI under CMC Section 9.05.100(B)(2)(b)):

Red Park filed a petition for a Special Rent Increase under CMC Section

9.05.100(D) in 2003, which was denied by the City. Calendar year 2002 was the “Current Year” in the 2003 petition, and the Current Year CPI was 212.5. In 2014, Red Park files another petition for a Special Rent Increase under CMC Section 9.05.100(D). The “Base Year CPI” to be used in evaluating the 2014 petition is 146.2.
b. The Rent Administrator shall be responsible for determining the Base Year CPI.

3. “Comparable park” shall have the meaning set forth in CMC Section

9.05.100(B)(3).

4. “Current Year” shall have the meaning set forth in CMC Section

9.05.100(B)(4).

5. “Current Year CPI” or “Current CPI” shall have the meaning set forth in CMC Section 9.05.100(B)(5). The Rent Administrator shall be responsible for determining the Current CPI.

6. “Gross Income” or “GI” includes all income categories set forth in CMC Section 9.05.100(B)(6)..
a. Utility services: In accordance with CMC Section 9.05.100(B)(6)(d), gross income shall not include any income from utility service(s) if the rates are subject to PUC jurisdiction, unless the utility income is attributable solely to use of the common areas and documentation is provided which separates the common area utility services income from any income attributable to the provision of the utility service to the individual mobile homes).

7. [Blank].

8. “Net Operating Income” or “NOI” means Gross Income less Operating Expenses.

9. “Operating Expenses” includes all operating expense categories identified in CMC Section 9.05.100(B)(7), and subject to the following additional requirements:
a. Management expenses pursuant to CMC Section 9.05.100(B)(7)(b) shall be subject to the following)::
(i) As provided in CMC Section 9.05.100(B)(7)(b), management expenses which have not increased by more than the CPI since the Base Year, or which are the same percentage of gross income in the Base Year and in the Current Year, are presumed to be reasonable; provided that, management or park residents may rebut this presumption by clear and convincing evidence.

Rebuttal evidence may include but is not limited to evidence that the fees are exceptionally high by industry standards and/or exceptionally high relative to the value of the services provided or by evidence that the level of management services has increased or decreased since the Base Year.
(ii) In the event that documentation of actual Base Year management expenses is not available, Base Year management expenses shall be estimated by taking the Current Year
management expenses and decreasing them downward
according to the change in CPI between the Base Year and the Current Year, as modified by any increases based on the

difference between owner-managed and contracted-managed expenses in the park between the Base Year and Current Year, unless the petitioner establishes by a preponderance of evidence that management expenses increased from the Base Year to the Current Year at a higher rate despite prudent management; (iii) Allowable legal expenses may be included in accordance with Paragraph (k), below; plus,
b. Normal repair and maintenance expense pursuant to CMC Section

9.05.100(B)(7)(c).
c. Utility expenses: If the utility service is regulated by the PUC, only that portion of the utility expenses solely attributable to the operation, maintenance, and repairs to the Park’s common areas may be included in Operating Expenses, and only if all of the following requirements are met:
(i) The common area utility expenses are not subject to PUC regulation (including but not limited to any submeter discount); (ii) The common area utility expenses are separated from the utility expenses attributable to the provision of utility services to the individual mobile homes and for individual homeowner usage; (iii) The petitioner provides documentation demonstrating, based on a preponderance of evidence, that the utility expenses relate solely to maintenance, repair and/or provision of common area utility service; and
(iv) In determining whether a preponderance of evidence exists under Subparagraph (3), the mere fact that there is an excess or differential between the amount charged to a petitioner by the utility for total usage for the park, and the amount charged to the park owner by the utility for individual mobile homes and/or individual park resident usage, shall not be sufficient to meet the park owner’s burden of proof that the excess or differential represents common area utility expense; plus
d. Owner-performed labor pursuant to CMC Section 9.05.100(B)(7)(d):

Eligible owner-performed labor shall be included only upon a satisfactory showing of the date, time and nature of the work performed, and hourly rate allowed pursuant to CMC Section 9.05.100(B)(7)(d), through credible and reliable documentation that demonstrates the hours and nature of services provided. Labor which has not increased by more than the CPI since the Base Year, or which is the same percentage of gross income in the Base Year and Current Year, is presumed to be reasonable, unless rebutted by clear and convincing evidence as provided in Subparagraph(b)(1) of this Rule 7.3(B)(9); plus, e. Amortized capital improvements and major repairs with a total cost of

more than $100.00 per year per benefitted space pursuant to CMC Section 9.05.100(B)(7)(g). When the useful life of the improvement or major repair is at least five years, an interest cost of the lesser of current prime rate plus 1% per annum or the actual interest rate incurred by the park owner for the improvement or major repair may be added. In those cases where the owner finances the capital improvement or a part thereof with his/her own funds, interest at the current prime rate plus 1% per annum, computed over a reasonable amount of time shall be included for the portion self-financed, as a part of the capital improvement cost. In determining the reasonable amount of time over which interest shall be allowed the RA shall be guided by the current practices of state and federally charted banks and/or savings and loan associations as to the length of time for repayment of improvement loans, provided, however, that the time shall not exceed the amortization period determined by the RA and used in calculating the allowable capital improvement rent increase. The factors set forth in Chapter 10, Rule 10.2 and the amortization periods set forth in Appendix “A” of these Rules shall be used in determining whether an expense qualifies as a capital improvement under this provision and the proposed amortization period and interest rate; plus
f. Insurance, based on the amount of the annual insurance premium; plus g. Operating supplies, such as janitorial supplies, gardening supplies, stationery, and similar items; plus
h. Allowable legal expenses: Eligibility of legal expenses shall be determined in accordance with CMC Section 9.05.100(B)(9) to the extent not otherwise precluded by this Chapter.

D. Reasonableness of Operating Expenses.

1. All operating expenses shall be reasonable, and the park owner shall have the burden of proving the reasonableness of all of the claimed operating expenses.

Whenever a particular expense exceeds the normal industry or other comparable standard, the park owner shall bear the burden of providing the reasonableness of the expense. To the extent that the Hearing Officer finds any such expense to be unreasonable, the Hearing Officer shall adjust the expense to reflect the normal industry or other comparable standard..

2. When an expense item for a particular year:
a. is not representative, or
b. in the case of base year expenses, is not a reasonable representation of average expenditures for that item in the years preceding and following the base year, or
c. in the current year expenses, is not a reasonable projection of future expenditures for that item,