Calimesa City Council
August 18, 2025

Regular Meeting of the Calimesa City Council
Monday, August 18, 2025

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

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

GERDES, FINANCE DIRECTOR REID, PLANING DIRECTOR LUCIA, PUBLIC

WORKS DIRECTOR SHAKIR, CITY ENGINEER THORNTON, FIRE DEPUTY CHIEF SHAW AND SHERIFF CAPTAIN NORTHRUP.

PLEDGE OF ALLEGIANCE
PRESENTATIONS Western Riverside Council of Governments Presentation – Chris Gray, Deputy Executive Director

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

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

Regular Meeting of the Calimesa City Council
Meeting Agenda
Monday, August 18, 2025 – 6:00 p.m.

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

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

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

Regular Meeting of the Calimesa City Council
Monday, August 18, 2025

RECOMMENDATION: Move to approve the agenda, consent calendar and waive full reading of ordinances.

Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 7)
The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

1. APPROVAL OF CITY COUNCIL ACTION MINUTES.
a) City Council action minutes of the July 21, 2025 5:30 pm special meeting b) City Council action minutes of the July 21, 2025 regular meeting. c) City Council action minutes of the August 4, 2025 regular meeting.

2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES.
a) Library Commission action minutes of the May 6, 2025 regular meeting.

3. APPROVAL OF WARRANT REGISTERS.
a) Check Register Report with a total of $268,221.40 (Check Nos. 43964-44034) b) July 31, 2025 Payroll of $144,133.42.

August 1, 2025 Council Payroll of $3,886.75.

4. COUNCIL TRAVEL EXPENSES.

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

5. TREASURER’S REPORT FOR THE MONTH ENDED JUNE 30, 2025.

RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended June 30, 2025.

6. REQUEST FOR PARTNERSHIP – CHAMBER OF COMMERCE FOR CALIMESA CHRISTMAS PARADE.

RECOMMENDATION: That the City Council approve the request by the Calimesa Chamber of Commerce for partnership with the City (including a fee waiver) for the Annual Calimesa Christmas Parade. Total fee waiver is estimated at $2,600.

7. TKE ENGINEERING INC., BUDGET AMENDMENT FOR COUNTY LINE ROAD TRANSPORTATION CORRIDOR IMPROVEMENTS PROJECT.

RECOMMENDATION: That the City Council approve a Budget Amendment for TKE Engineering, Inc. (TKE) increasing the budget by $207,000.00 for additional Construction Management and Inspection services provided for County Line Road Transportation Corridor Improvements Project.

CALIMESA CHAMBER OF COMMERCE REPORT

PUBLIC HEARING ITEMS
The order of business for the Public Hearing shall be:

A. Open Public Hearing
B. Staff Presentation
C. Applicant/Representative Presentation
D. Public Testimony
E. Applicant Rebuttal (if necessary)
F. Public Testimony Closed
G. Close Public Hearing
H. Council Discussion
I. Council Motion and Vote

Regular Meeting of the Calimesa City Council
Monday, August 18, 2025

8. PUBLIC HEARING: ORDINANCE NO. 415 - AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, ADOPTING BY REFERENCE THE 2025 EDITIONS OF THE CALIFORNIA

BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, ENERGY,

HISTORICAL BUILDING, FIRE, EXISTING BUILDING AND GREEN BUILDING STANDARDS CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, AND THE 2024 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 1996 EDITION OF THE U.S. DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT PERMANENT FOUNDATIONS GUIDE FOR MANUFACTURED HOUSING (4930.3G), WITH APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE.

RECOMMENDATION: That the City Council open the Public Hearing, receive public testimony and adopt second reading by title only Ordinance No. 415 - AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, ADOPTING BY REFERENCE THE 2025 EDITIONS OF THE CALIFORNIA

BUILDING, RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, HISTORICAL

BUILDING, FIRE, EXISTING BUILDING AND GREEN BUILDING STANDARDS CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, AND THE 2024 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 1996 EDITION OF THE U.S.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PERMANENT FOUNDATIONS GUIDE FOR MANUFACTURED HOUSING (4930.3G), WITH APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE.

BUSINESS ITEMS

9. CITY COMMISSION APPOINTMENT.

RECOMMENDATION: That Council Member Cundieff appoint one member to the Parks Trails & Community Services Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2025-47 providing for the appointment made.

10. APPOINTMENT OF THE LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE REPRESENTING CALIMESA AT THE ANNUAL LEAGUE CONFERENCE.

RECOMMENDATION: That the City Council select a primary voting delegate and an alternate voting delegate who will vote on League issues representing the City of Calimesa at the Annual League of California Cities Conference to be held October 8 – 10, 2025 in Long Beach.

11. CONSIDERATION AND DIRECTION OF A MAYOR ROTATION POLICY.

RECOMMENDATION: That the City Council receive this report and provide direction to staff regarding the potential development and implementation of a formal Mayor Rotation Policy.

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

Speakers are encouraged to be brief and remain within the established time limit of three (3) minutes per speaker.

Once the public hearing has been closed, no further testimony will be taken.

Regular Meeting of the Calimesa City Council
Monday, August 18, 2025

CITY MANAGER COMMENTS & REPORTS

CLOSED SESSION ITEMS
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title: City Manager
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 1055 Calimesa Blvd., Calimesa, CA City/Agency Negotiators: Will Kolbow, City Manager.

Negotiating Parties: Bank of America National TR & SVGS Assn.

Under Negotiations: Price and Terms for acquisition of property by City

ADJOURNMENT
Adjourn to the adjourned Closed Session Meeting of the City Council on Thursday, September 5, 2025 at 6:00 p.m.

City Council Meeting
Agenda Report
Agenda Item No. 1
SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES
MEETING DATE: August 18, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the 5:30 p.m. Special City Council Meeting of July 21, 2025, Regular City Council Meeting of July 21, 2025 and the Regular City Council Meeting of August 4, 2025.

ATTACHMENTS:

Attachment A: City Council action minutes of July 21, 2025 special 5:30 pm meeting.

Attachment B: City Council action minutes of July 21, 2025 regular meeting.

Attachment C: City Council action minutes of August 4, 2025 regular meeting.

City Council Meeting
Agenda Report
Agenda Item No. 2
SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES
MEETING DATE: August 18, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Library Commission regular meeting of May 6, 2025.

ATTACHMENTS:

Attachment A: Library Commission action minutes of May 6, 2024.

City Council Meeting
Agenda Report
Agenda Item No. 3
SUBJECT: APPROVAL OF WARRANT REGISTER
MEETING DATE: August 18, 2025
PREPARED BY: Celeste Reid, Finance Director
RECOMMENDATION: That the City Council approve the Warrant Register as presented.

SUMMARY: The attached Check Register Report for City Council’s approval is as follows:
a) Check Register Report with a total of $268,221.40 (Check Nos.43964-44034) b) July 31, 2025 Payroll of $144,133.42
August 1, 2025 Council Payroll of $3,886.75

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

EXPENSES
MEETING DATE: August 18, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through July 31, 2025.

ATTACHMENTS:

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

FISCAL YEAR 2025-26

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590

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

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

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

FISCAL YEAR 2025-26

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

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ -
REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 600.00 MEETING/MILEAGE 01-1100-7590

DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT
1-Jul LOCC Annual Conference - Oct 2025 $ 675.00
TOTAL TRAVEL/TRAINING $ 675.00 TOTAL MEETING/MILEAGE $ - REMAINING BALANCE $ 1,950.00 REMAINING BALANCE $ 600.00

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

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

FISCAL YEAR 2025-26

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

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

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

City Council Meeting
Agenda Report
Agenda Item No. 5
SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED
June 30, 2025
MEETING DATE: August 18, 2025
PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended June 30, 2025.

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

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

Significant transactions during the month include transfers of $700,000 on June 10, 2025 from the General Fund account to the LAIF investment account.

FISCAL IMPACT: Revenue of $330,743 of interest and dividend earnings was recognized for quarterly LAIF interest, CFD and Successor Agency funds.

ATTACHMENTS:

Attachment A: Treasurer’s Report for the month ended June 30, 2025

City Council Meeting
Agenda Report
Agenda Item No. 6
SUBJECT: REQUEST FOR PARTNERSHIP – CHAMBER OF COMMERCE

FOR CALIMESA CHRISTMAS PARADE
MEETING DATE: August 18, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve the request by the Calimesa Chamber of Commerce for partnership with the City (including a fee waiver) for the Annual Calimesa Christmas Parade. Total fee waiver is estimated at $2,600.

BACKGROUND AND DISCUSSION: As you are aware, the 1st Annual Calimesa Parade was held on December 17, 2016 and was a great success. Not only were there many participants in the Parade, but it was also well attended by the public. The event planning was led by the Chamber of Commerce with the City providing significant participation and coordination. This event has been held annually since that time (exception: 2019 cancelled due to weather and 2020 cancelled due to pandemic) and the City has always participated through staff participation and waiver of any applicable fees and facilitation of temporary road closures for the parade route.

The Chamber of Commerce is once again requesting partnership with the City as they plan for the 2025 parade currently scheduled for the evening of December 6, 2025. Partnership would include staff participation/coordination and temporary road closures as well as a waiver of any applicable City fees. The fees will consist of attendance at planning meetings, a Temporary Event Permit (TEP) and staff overtime to open and close the streets in and around the parade route. The estimated cost is projected to be $2,600.

FISCAL IMPACT: The impact of fee waiver is estimated to be $2,600. However, based upon actual staff time, the ultimate cost may vary. If a waiver is granted, all costs would be absorbed by the City’s General Fund.

City Council Meeting
Agenda Report
Agenda Item No. 7
SUBJECT: TKE ENGINEERING INC., BUDGET AMENDMENT FOR COUNTY

LINE ROAD TRANSPORTATION CORRIDOR IMPROVEMENTS

PROJECT
MEETING DATE: August 18, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council approve a Budget Amendment for TKE Engineering, Inc. (TKE) increasing the budget by $207,000.00 for additional Construction Management and Inspection services provided for County Line Road Transportation Corridor Improvements Project.

BACKGROUND: County Line Road is a heavily traveled arterial road that borders both the Cities of Calimesa and Yucaipa. Existing development along County Line Road includes both residential and commercial, as well as access to Calimesa Elementary School. County Line Road is utilized by not only vehicular traffic, but also by pedestrians and cyclists.

In January of 2018, Calimesa and Yucaipa partnered on a grant application for SB 1 Local Partnership Program (LPP) funding in the amount of $3,747,000. The Cities were awarded this grant in May of 2018 with Calimesa being the lead agency for the project. Funds were allocated by California Transportation Commission (CTC) on March 25, 2021. The grant contract required the cities to allocate funds within 12 months. Therefore, the cities must execute a contract with a construction contractor prior March 25, 2022. Construction must be completed 36 months after contractor contract execution. Council approved a construction contract on February 7, 2022.

On November 2, 2020, Council approved a cooperative agreement with Yucaipa for completion of the project. The Cities cooperative agreement included design, environmental compliance processing, permitting, right-of-way acquisitions, Calimesa construction administration, and construction.

The scope of the improvements included construction of roadway improvements between Park Avenue and Bryant Street and included 5 roundabout intersections, ADA compliant sidewalks and curb ramps, asphalt pavement, center median, bike lanes, curb and gutter improvements, utility relocations, drainage systems, striping, markings, remove and replace (R&R) the existing asphalt and signage, private improvements and associated street improvements.

In addition, South Mesa Water Company (SMWC) received a state grant to construct water system improvements within the County Line Road. On July 18, 2022, Council approved a Memorandum of Agreement (MOA) with SMWC permitting, among other requirements, SMWC to construct these water system improvements during the City project implementation. The City’s contractor would

demobilize the project site and SMWC’s contractor would enter the site to complete the water system work. The City’s contractor would return to the project after water system improvements were completed and complete street improvements.

On February 7, 2022, Council approved a contract with Roadway Engineering and Construction Corporation (Roadway) (contract amount $8,185,689, Calimesa share $2,695,643) for construction of street improvements and Council approved a contract with TKE Engineering to provide project construction management and inspection services (contract amount is $880,000, Calimesa share $289,794). The contract duration for both contracts was 200 working days.

TKE services include daily construction management and inspections to ensure that the improvements are being constructed per the contract documents (e.g., standards, materials, verification of quantities) as well as providing communication and coordination with the contractor, utilities, agencies and residents. For each day Roadway is performing construction, TKE was required to provide these services.

The project experienced significant delays due to other agency work including Southern California Edison’s (SCE), South Mesa Water Company’s (SMWC), and Department of Water Resources (DWR) and due to right-of-way acquisition challenges. Each are discussed in the paragraphs below:

1. SCE – to complete street improvements, SCE pole and related facility relocations were required.

Working with SCE planning staff, the City of Yucaipa experienced challenges with scheduling SCE work. In January of 2023, SCE advised that work would commence May of 2023. The Edison coordination and scheduling delayed the project.

However, SCE did not commence the work until December 2023 – the work was completed in March of 2024. The SCE planning processing and move-in delayed project completion more than a year.

2. SMWC – its project (State Grant funded) was scheduled to begin in October 2022. However, the State “authorization to award” delayed construction to May 2024. SMWC’s contractor advised City staff that work was anticipated to be completed by December of 2024; however, construction was not completed until March 2025. Therefore, the City project was delayed.

3. DWR – DWR’s Inland Feeder is located within the intersection of County Line Road and Bryant Street. With the proposed roundabout work, relocations of DWR facilities were required. To complete this work, the Cities were required to obtain a permit from DWR. Permit acquisition required nearly 11 months and delayed Roadway from fully completing the Bryant Street roundabout construction.

4. Right-of-Way Acquisition – during project design, right-of-way acquisition requirements were determined. Right-of-way acquisition on the Southwest corner of 3 rd Street was required – the
7-Eleven site. 7-Eleven was processing an application to reconstruct the store. The City conditioned the project to dedicate the right-of-way needed for the project. After the City bid the project, 7-Eleven advised that it was abandoning its application. City staff began working with 7-Eleven to acquire the right-of-way. Staff experienced challenges with acquisition – little to no returned communications. The City was required to reschedule construction until right-of-way

was acquired. In addition, right-of-way acquisition services were not included in TKE’s original project budget.

Due to these project delays, TKE provided the services described above for an additional 178 working days beyond the contract construction schedule and provided service beyond its original scope. Therefore, TKE requested a budget increase of $207,000 ($94,600 Calimesa share) for the additional services provided.

In order to complete the contract with Roadway, staff will be returning to Council with a separate item in September. The changes to the contract with Roadway are expected to yield sufficient reductions to offset the increases to the TKE contract. However, staff will be working with the City of Yucaipa on an agreement to complete paving of County Line Road, which is a component of Yucaipa’s next round of their citywide pavement program. When all finals costs are determined, to the extent it is needed, a budget adjustment will be proposed at that time.

FISCAL IMPACT: With the aforementioned change of scope in Roadway’s contract, sufficient funds will be available to cover the increase to the TKE contract in the Traffic Improvement Fees Fund (Fund 36), Project 2087 (County Line Road Improvements). Future budget adjustments will be determined once costs are known for the City’s share of County Line Road pavement included in Yucaipa’s citywide pavement program.

City Council Meeting
Agenda Report
Agenda Item No. 8
SUBJECT: PUBLIC HEARING: ORDINANCE NO. 415 - AN ORDINANCE OF THE

CITY OF CALIMESA, CALIFORNIA, ADOPTING BY REFERENCE THE 2025 EDITIONS OF THE CALIFORNIA BUILDING, RESIDENTIAL,

ELECTRICAL, MECHANICAL, PLUMBING, ENERGY, HISTORICAL

BUILDING, FIRE, EXISTING BUILDING AND GREEN BUILDING
STANDARDS CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE
CALIFORNIA CODE OF REGULATIONS, AND THE 2024 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 1996
EDITION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT PERMANENT FOUNDATIONS GUIDE FOR
MANUFACTURED HOUSING (4930.3G), WITH APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND
AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE.

MEETING DATE: August 18, 2025
PREPARED BY: David Fredborg, Chief Building Official Charles Abbott and Associates RECOMMENDATION: That the City Council open the public hearing, take public testimony and conduct second reading by title only Ordinance No. 415 An Ordinance Of The City Of Calimesa, California, Adopting By Reference The 2025 Editions Of The California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building And Green Building Standards Codes, Which Are Codified In Title 24 Of The California Code Of Regulations, And The 2024 Edition Of The International Property Maintenance Code, The 1996 Edition Of The U.S. Department Of Housing And Urban Development Permanent Foundations Guide For Manufactured Housing (4930.3g), With Appendices Thereto, Including Amendments, Additions And Deletions; And Amending Title 15 Of The Calimesa Municipal Code.

SUMMARY: The California Building Standards Commission (the “Commission”) adopted and published the 2025 California Building Standards Code (“State Building Codes”). The State Building Codes include the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Existing Building and Green Building Standards Codes.

The proposed ordinance would adopt, with modifications, most codes comprising the 2025 Edition of the State Building Codes. Additionally, the proposed ordinance would adopt by reference the 2024 Edition of the International Property Maintenance Code as the City’s Property Maintenance Code.

BACKGROUND/DISCUSSION: The Commission updates and publishes the State Building Codes every three years as required by state law. The State Building Codes have been published by the Commission and are incorporated into Title 24 of the California Code of Regulations as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10 and 11 respectively.

Health and Safety Code section 17958 and 18938 states that the State Building Codes become effective 180 days following publication of new State Building Codes, unless modified by local jurisdictions. If a jurisdiction fails to modify the State Building Standards by, for example, adopting its own more restrictive building standards, the building standards in the State Building Codes automatically become effective within that jurisdiction.

Health and Safety Code section 17958.5 and 18941.5 permit modifications where “reasonably necessary because of local climatic, geological, or topographical conditions,” and section 17958.7(a) requires an express finding that such conditions exist. The proposed ordinance would adopt the 2025 Edition of the State Building Codes with certain modifications to the California Building, and Residential Codes based on findings of necessity due to local climatic, geological, or topographical conditions.

Pursuant to Government Code Section 50022.2, any local agency is authorized to adopt an ordinance that adopts any code by reference, in whole or in part. Accordingly, Staff is recommending the adoption of the 2024 Edition of the International Property Maintenance Code as the City’s Property Maintenance Code.

To accomplish the adoption by reference of the State Building Codes, a first reading of the proposed ordinance must occur. A public hearing will occur in conjunction with the second reading of the proposed ordinance. Notice of the public hearing must also be published twice prior to the hearing.

If approved, the proposed ordinance would amend Title 15 of the Calimesa Municipal Code by repealing and replacing prior editions of the State Building Codes with the 2025 editions of the same.

In addition, it will adopt the 2024 Edition of the International Property Maintenance Code.

This code adoption procedure is in accordance with Government Code Section 50022.2 and Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5.

Chapter 15.37 was added to the Code for adoption of the 1996 edition of the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing (4930.3g).

ENVIRONMENTAL: The adoption of the ordinance is categorically exempt from environmental review as a Class 8 Exemption pursuant to Section 15308 of the California Environmental Quality Act Guidelines (California Code of Regulations, Title 14, Chapter 3). It is further exempt in that there is no possibility that the adoption of this ordinance, and the regulations established thereby, may have a significant effect on the environment, because the ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

FISCAL REVIEW: No fiscal impact.

ATTACHMENTS:

Attachment A: Ordinance No. 415

ORDINANCE NO. 415

AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, ADOPTING BY REFERENCE THE 2025 EDITIONS OF THE CALIFORNIA BUILDING,

RESIDENTIAL, ELECTRICAL, MECHANICAL, PLUMBING, ENERGY,

HISTORICAL BUILDING, FIRE, EXISTING BUILDING AND GREEN BUILDING STANDARDS CODES, WHICH ARE CODIFIED IN TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, AND THE 2024 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 1996 EDITION OF THE U.S.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PERMANENT
FOUNDATIONS GUIDE FOR MANUFACTURED HOUSING (4930.3G), WITH

APPENDICES THERETO, INCLUDING AMENDMENTS, ADDITIONS AND DELETIONS; AND AMENDING TITLE 15 OF THE CALIMESA MUNICIPAL CODE WHEREAS, the City of Calimesa has adopted the 2025 Editions of Codes comprising the California Building Standards Code has adopted the 2024 Edition of the International Property Maintenance Code and has adopted the 1996 Edition of the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing (4930.3G); and WHEREAS, Health and Safety Code Section 18938(b) provides that the most recent editions of the California Fire Code, the California Building Code, Appendix Chapter 1 of the Uniform Code for Building Conservation, the California Plumbing Code, the California Electrical Code, and the California Mechanical Code, as referenced in the California Building Standards Code, shall apply to all occupancies in the state and shall become effective 180 days after by the California Building Standards Commission (hereinafter referred to as the "Commission") or at a later date after publication established by the Commission; and
WHEREAS, the 2025 California Building Code, Volumes 1 and 2, 2025 California Residential Code, 2025 California Electrical Code, 2025 California Mechanical Code, 2025 California Plumbing Code, 2025 California Energy Code, 2025 Historical Building Code, 2025 California Fire Code, 2025 Existing Building Code, and 2025 California Green Building Standards Code, and Appendices (collectively, “Codes”) have been published by the Commission and incorporated into Title 24 of the California Code of Regulations, as Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, and 11 respectively; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 allow certain amendments to the Codes to be made by a local government provided findings of necessity, based on certain local conditions, can be made; and WHEREAS, the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing (4930.3G) provides standards for the installation of manufactured homes on permanent foundations when on private property; and WHEREAS, the City Council of the City of Calimesa is authorized, pursuant to Section 50022.2, et seq., of the California Government Code, to adopt the Codes and other uniform codes as a primary code, by reference, in whole or in part, and the primary code may adopt by reference a secondary code in whole or in part; and
WHEREAS, this Ordinance amends Title 15 of the Calimesa Municipal Code by repealing references to the prior editions of the codes and making clear that the 2025 Codes are now in effect in the City of Calimesa.

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

Section 1. Chapter 15.05 (“Adoption of the 2016 Edition of the California Building Code”) of Title 15 (“Buildings and Construction”) of the Municipal Code of the City of Calimesa is hereby amended to read as follows:

Chapter 15.05
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA BUILDING CODE Sections:

15.05.010 Adoption of the California Building Code, 2022 Edition.

15.05.020 Amendments.

15.05.030 Regulation of building construction.

15.05.010 Adoption of the California Building Code, 2025 Edition The 2025 Edition of the California Building Code (Part 2 of Title 24 of the California Code of Regulations), including Volumes 1 and 2, based on the 2021 International Building Code as published by the International Code Council, is hereby adopted by reference. A copy of the building code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 1, 2023; Ord. 368 § 1, 2019; Ord. 364 § 1, 2019; Ord. 344 § 1, 2016; Ord. 329 § 1, 2013; Ord. 311 § 1, 2011; Ord. 276 § 2, 2008; Ord. 198 § 2, 2002; Code 1990 § 8.2.01.]

15.05.020 Amendments.

The California Building Code is amended as follows:

A. Except as hereinafter provided, the California Building Code, Chapter 1, Division II, 2025 Edition, is hereby made a part hereof as though set forth in full and the same shall be established and adopted as the rules, regulations, provisions and conditions for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use and maintenance of buildings or structures in the city, and is hereby adopted by reference as the scope and administration provisions of the city of Calimesa.

B. California Building Code, Chapter 1, Division II (“Scope and Administration”), as adopted herein, is amended as follows:

Section 104.8 Liability. The Building Official or his or her authorized representative as employees or acting under contract as agents of this jurisdiction, charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of his duties, shall not thereby be rendered personally liable for damage that may occur to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction, because of such act or omission performed by the Building Official, employee or his/her authorized agent acting under contract of this jurisdiction in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction.

This Code shall not be construed to relieve from or lessen the responsibility of any such person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming such liability by reason of the inspections authorized by this code or permits or certificates issued under this Code.

Section 105.2, Work exempt from a permit, of Chapter 1 of the California Building Code is hereby amended by amending exemptions 2, 9 and 14 to read as follows:

2. Fences not over 6 feet (2134 mm) high. Block walls not over 4 feet

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, do not exceed 5,000 gallons and are installed entirely above ground.

14. Decks not over 200 square feet (18.58 m2) in area, that are not more than 30 inches (762mm) above grade at any point and not attached to a dwelling and do not serve the exit door required by Section R311.2.

Section 105.5, Expiration, of Chapter 1, Division II of the California Building Code is hereby amended to read as follows:

Section 105.5 Expiration. Every residential permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 365 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. Every commercial permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if work has been suspended or abandoned for a period of 180 days between each required inspection. The building official is authorized to grant, in writing, only one extension of time for a period of 180 days. The extension shall be requested in writing and justifiable cause demonstrated.

Section 109.2, Schedule of permit fees, of Chapter 1, Division II of the California Building Code is hereby amended to read as follows:

Section 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems, grading or alterations requiring a permit, a fee for each permit shall be paid as set forth in the most recent resolution of the City Council regarding fees for building, plumbing, mechanical, electrical, solar, fire and grading permits. When a plan or other data is required to be submitted by Section 106.1, the plan review fee, established by city council resolution, must be paid at the time of submitting plans and specifications for review.

Section 109.6.1, Fee refunds. Section 109.6.1 of Chapter 1, Division II is added to the CBC to read as follows:
109.6.1 Fee Refunds. The Building Official may authorize a refund of any fee that was erroneously paid or collected.

The Building Official may authorize a refund of not more than 80 percent of the applicable permit fee paid when no work has been done under the permit.

The Building Official may authorize a refund of not more than 80 percent of the plan review fee paid when an application for a permit is withdrawn or canceled before any examination time has been expended.

The Building Official may not authorize a refund of any fee paid except upon written application filed by the original permittee no later than 180 days after date of fee payment.

Section 109.7, Investigation fees: Work without a permit. Section 109.7 of Chapter 1 Division II is added to the CBC to read as follows:
109.7. Investigation Fees: Work without a Permit.
109.7.1 Investigation. Whenever work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation will be made before a permit may be issued. 109.7.2 Fee. An investigation fee, in addition to the permit fee, may be collected whether or not a permit is then or subsequently issued. The investigation fee must be equal to the amount of the permit fee required by this code and will be established by City Council resolution. The payment of such investigation fee will not exempt an applicant from compliance with all other provisions of either this code or the technical codes, nor from the penalty prescribed by law.

Section 109.8, Reinspection fees. Section 109.8 of Chapter 1, Division II is added to the CBC to read as follows:
109.8 Reinspection Fees. A reinspection fee may be imposed for each inspection or reinspection, when such portion of work for which an inspection is called is not complete or when required corrections are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as a method of controlling the practice of calling inspections before the job is ready for such inspection or reinspection.

Reinspection fees may be imposed when the inspection record card is not posted, or otherwise not available on the work site; the approved plans are not readily available to the inspector; for failure to provide access on the date for which the inspection is requested; or for deviating from plans requiring the approval of the Building Official.

To obtain a reinspection, the applicant must file an application in writing upon a city-approved form and pay the applicable reinspection fee.

In instances where reinspection fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid.

Section 111.3, Temporary occupancy, of Chapter 1, Division II is added to the California Building Code to read as follows:

Section 111.3 Temporary occupancy. It is not adopted. No occupancy shall be granted until all conditions of approval have been satisfied.

Section 113.3, Board of appeals qualifications, of Chapter 1, Division II is added to the California Building Code to read as follows:

Section 113.3 Board of appeals qualifications. The City Council shall be designated as the board of appeals.

Section 202, Definitions. CBC Section 202, Barrier, Spa, Non-Self-Contained; Spa, Self-Contained, is added to the CBC; and amending the definition of “swimming pool” by revising these definitions to read as follows:

Barrier. A barrier is a permanently installed fence, wall, building wall, or any combination of these that completely surrounds the swimming pool area and obstructs access to the swimming pool area.

Swimming Pools. Any body of water created by artificial means which is designed, intended for use, or used for swimming or immersion purposes, which has a water depth exceeding 18 inches. The term, “pool,” includes swimming pools, spas, hot tubs, above-and below- ground, and vinyl-lined pools; pool does not include plumbing fixtures such as bathtubs nor does it apply to man-made lakes, reservoirs, farm ponds, or ponds used primarily for public park purposes, water conservation purposes, irrigation purposes or for the watering of livestock.

SPA, NON-SELF-CONTAINED means a hydro-massage pool or tub for recreational or therapeutic use, not located in health-care facilities, designed for immersion of users and usually having a filter, heater and motor driven blower.

It may be installed indoors or outdoors, on the ground or on a supporting structure, or in the ground or in a supporting structure. A non-self-contained spa is intended for recreational bathing and contains water over 18 inches deep.

SPA, SELF-CONTAINED means a continuous-duty appliance in which all control, water-heating and watercirculating equipment is an integral part of the product, located entirely under the spa skirt. A self-contained spa is intended for recreational bathing and contains water over 18 inches deep.

Section 1505, Fire Classification. Section 1505.1 of the CBC is amended to read as follows:

Section 1505.1 General. Roof assemblies shall be divided into classes defined in this section. Class A and B roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E108 or UL 790.

Table 1505.1 is amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

IA IB IIA IIB IIIA IIIB IV VA VB

A A A A A A A A A
FOR SI: 1 FOOT = 304.8 MM, 1 square foot = 0.0929m2
a. Unless otherwise required in accordance with Chapter 7A.

Section 1505.2 of the 2022 Edition of the California Building Code is hereby amended to read as follows:
1505.2 Roof assembly requirements. The roof assembly on any structure regulated by this code shall be as specified in Table 1505.1 except that only fire-retardant roof coverings meeting Class A roofing assemblies are permitted in the City of Calimesa. Roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. The roofing assembly includes the roof deck, underlayment, interlayment, insulation and covering, which is assigned a roof classification.

Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610.

Section 1505.1.2, Roof Coverings within all other areas. Section 1505.1.2 of the CBC is amended to read as follows:

Section 1505.1.2 The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair, or replacement of the roof of every existing structure, shall be fire-retardant roof covering that is at least Class A
The following provision is hereby added to Volume 2, Chapter 31 of the California Building Code (“Special Construction”) as follows:

Section 3109.1 General. Section 3109.1 of the CBC is amended to read as follows:
3109.1 General. The design and construction of swimming pools, spas and hot tubs shall comply with this code.

Section 3109.3, Residential Swimming Pools. Sections 3109.3 is added to the CBC to read as follows:
3109.3 Residential swimming pools. Residential swimming pools shall be completely enclosed by a barrier complying with the Amended California Residential Code Appendix AX Section 3109.3.1, Barrier location, materials, height and clearances. Sections 3109.3.1 through 3109.3.3 are added to read as follows:
3109.3.1.1 Location. The area where the pool is located shall have a permanently installed barrier fence constructed using durable materials with concrete poured in place footings. The barrier fencing shall enclose the entire pool area and shall comply with sections 3109.3.1 through 3103.9.1 3109.3.1.2 Barrier materials. The pool barrier fencing shall be constructed from durable materials such as wood, solid vinyl fencing, concrete, masonry walls and chain link fencing. Cloth type fencing is prohibited for use as a permanent pool perimeter barrier.
3109.3.1 Barrier Height and Clearances. The top of the barrier must be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearance between grade and the bottom of the barrier must be two inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier must be four inches.
3109.3.1.1 Openings. Openings in the barrier must not allow passage of a 4-inch-diameter sphere. Openings along the bottom of the barrier shall not exceed 2” above grade 3109.3.1.2 Solid barrier surfaces. Solid barrier surfaces which do not have openings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 3109.3.1.3 Closely spaced horizontal members. Where the barrier is composed of horizontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not be greater than 1 3/4 inches in width. Where there are decorative cutouts within vertical members, spacing with the cutouts shall not be greater than 1 3/4 inches in width.

3109.3.1.4 Widely spaced horizontal members. Where the barrier is composed of horizontal members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members must not be greater than 4 inches. Where there are decorative cutouts within vertical members, spacing must not be greater than 1 3/4 inches in width.
3109.3.1.5 Chain link dimensions. Mesh size for chain link fences must not be greater than 1 3/4 inches in width, unless the fence is provided with slats fastened at the top or bottom that reduce the openings to not more than 1 3/4 in width.
3109.3.1.6 Diagonal members. Where the barrier is composed of diagonal members shall not be greater than 1 3/4 inches.
3109.3.1.7 Gates. Access gates must comply with the requirements of Sections 3109.3.1 through 3109.3.1.6 and must be equipped to accommodate a locking device. Pedestrian access gates must open outward away from the pool and must be self- closing and have a self-latching device. Doors or gates other than pedestrian access gates must have a self-latching device and must be equipped with lockable hardware or padlocks and must remain locked at all times when not in use. Release mechanisms must comply with Sections 1010.1.9 and 1109.13. Where release mechanisms of the self-latching device are located less than 60 inches above grade measured on the side of the barrier that faces away from the swimming pool, the release mechanism must be located on the pool side of the gate at least three inches below the top of the gate and the gate barrier may have no opening greater than one-half inch within 18 inches of the release mechanism.
3109.3.1.8 Dwelling wall as a barrier. Where a wall of a dwelling serves as part of the barrier, two safety devices must be provided in accordance with Section 115922 of the California Health and Safety Code. 3109.3.1.9 Pool structure as barrier. Where an above-ground pool structure, and the means of access is a ladder or steps, then the ladder or steps either shall be capable of being secured, locked or removed to prevent access, or the ladder or steps shall be surrounded by a barrier that meets the requirements of Sections 3109.3.1.1 through 3109.3.1.8. Where the ladder or steps are secured, locked or removed, any opening shall not allow the passage of a 4-inch-diameter sphere.
3109.3.2 Indoor swimming pools. Wall surrounding indoor swimming pools shall not be required to comply with Section 3109.3.1.8. through 3109.3.3.
3109.3.3 Prohibited Locations. Barriers shall be located as to prohibit permanent structures, equipment or similar objects from being used to climb the barriers. There shall be a clear zone of not less than 36” between the exterior of the enclosure and any permanent structures or equipment such as pumps, filters and heaters that can be used to climb the enclosure.

Section 3109.4, Residential Swimming Pools. Sections 3109.4 is added to the CBC to read as follows:
3109.4 Withholding approval. Plaster inspection or approval to fill a pool or spa with water shall be withheld by the Building Official, until there has been compliance with all fencing and other requirements of this Section.

Appendices deleted. Appendices A, B, C, D, E, and K are deleted.

Appendix J 103, Permits Required. Appendix J, Section 103.2 of the California Building Code is hereby revised to read as follows:

Section J103.2 Exemptions. A grading permit shall not be required for the following:

When approved by the building official, grading, which consist of a fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 2ft in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

Such grading shall be in an isolated, self-contained area, provided there is no danger to the public, and such grading will not adversely affect adjoining properties.

Excavation for construction of a structure permitted under this code.

Cemetery graves.

Refuse disposal sites controlled by other regulations.

Excavations for wells, or trenches for utilities.

Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increases stresses in, soil on adjoining properties. Exploratory excavations were performed under the direction of a registered design professional.

Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Section J104.2.1, Grading Designation. Section J104.2.1 is added to the CBC to read as follows:

Section J104.2.1 Grading Designation. All grading exceeding 500 cubic yards must be performed in accordance with the approved grading plan prepared by a civil engineer and will be designated as engineered grading. Grading involving less than 500 cubic yards will be designated regular grading, unless the Public Works Director or Building Official determines that special conditions or unusual hazards exist, in which case the grading must conform to the requirements for engineered grading.

Section J104.2.2, Engineered Grading Requirements. Section J104.2.2 is added to the CBC to read as follows:

Section J104.2.2 Engineered Grading Requirements. Application for a grading permit must, at a minimum, be accompanied by, but not be limited to, two sets of plans and specifications, and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications must be prepared and signed by an individual licensed by the State to prepare such plans or specifications when required by the Public Works Director or Building Official.

Specifications must contain information covering construction and material requirements.

Plans must be drawn to scale upon substantial mylar; must be of sufficient clarity to indicate the nature and extent of the work proposed; and show in detail that they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans must give the location of the work, the name and address of the owner, and the person who prepared the plans.

The plans must include, but not be limited to, the following information:

1. General vicinity of the proposed site.

2. Property limits and accurate contours of existing ground and details of terrain and area drainage.

3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.

4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.

5. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners that are within 15 feet (4572 mm) of the property, or that may be affected by the proposed grading operations.

6. Recommendations included in the soils engineering report and the engineering geology report must be incorporated in the grading plans or specifications. When approved by the Public Works Director or Building Official, specific recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference.

7. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms, or individuals, who prepared the reports.

Appendix J, Section 105.1 is amended by inserting the following sentence after the first sentence of Section J105.1 to read:

All grading equaling or greater than 5000 cubic yards shall be reviewed, permitted and inspected by the City Engineer or the Building Official.
[Ord. 389 § 1, 2023; Ord. 368 § 1, 2019; Ord. 344 § 1, 2016; Ord. 329 § 1, 2013; Ord. 311 § 1, 2011.]

15.05.030 Regulation of building construction.

Each and all of the regulations, provisions, conditions and terms of the California Building Code, as adopted by this chapter, shall govern and regulate the erection, construction, enlargement, alteration, repair, moving, removing, demolition, conversion, occupancy, equipment, use height, area, maintenance, issuance of permits and collection of fees for such permits, of all buildings or structures within the city of Calimesa. [Ord. 389 § 1, 2023; Ord. 368 § 1, 2019; Ord. 344 § 1, 2016; Ord. 329 § 1, 2013; Ord. 311 § 1, 2011; Ord. 276 § 2, 2008; Ord. 198 § 2, 2002; Code 1990 § 8.2.02. Formerly 15.05.020]
Chapter 15.10
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA FIRE CODE Sections:

15.10.010 Adoption of the California Fire Code, 2022 Edition.

15.10.020 Amendments.

15.10.030 Regulation of building construction.

Prior legislation: Code 1990 §§ 8.12.03, 8.12.04 and 8.12.05.

15.10.010 Adoption of the California Fire Code, 2025 Edition.

Pursuant to the provisions of Sections 50022.1 to 50022.10, inclusive, of the Government Code of the state and subject to the particular additions, deletions, amendments set forth in this chapter, the rules, regulations, provisions, standards, and conditions set forth in that certain code known as the 2025 Edition of the California Fire Code published by the International Code Council and the California Building Standards Commission with errata, including appendices B, BB, C, CC, D, E, F, G, H, I, J, K, L, N and O, inclusive of all of the inclusions and exclusions set forth in each chapter’s matrix, are hereby adopted by reference and shall apply within the city of Calimesa, and the same are collectively designated and may be known and referenced to as the “fire code” of the city of Calimesa. [Ord. 387 § 2, 2023; Ord. 368 § 2, 2019; Ord. 364 § 2, 2019; Ord. 344 § 2, 2016; Ord. 329 § 3, 2013; Ord. 311 § 3, 2011; Ord. 280 § 1, 2008; Ord. 226 § 2, 2004; Code 1990 § 8.12.01.]

15.10.020 Amendments.

A. Section 111.1 of the California Fire Code is amended and restated in its entirety to read as follows:
111.1 Board of appeals established. The Board of Appeals shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or his or her designee shall be in attendance at the appeal hearing.

Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.

B. Section 112.4 of the California Fire Code is amended and restated in its entirety to read as follows:
112.4 Violation penalties. Violations of any provision of this chapter or the provisions of any permit granted pursuant to this chapter shall be subject to punishment or remedy as provided in Title 1 of the Municipal Code.

C. Section 307 of the California Fire Code is amended and restated in its entirety to read as follows:

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

1. “Agricultural Burning” means an outdoor open fire of burning clean vegetation for silvicultural, range, or wildlife management practices, prevention, or control of disease or pests.

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

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

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

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

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

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

8. “Portable outdoor fireplace” means an outdoor open fire with a portable outdoor solid, burning fireplace constructed of steel, concrete, clay, or other noncombustible material for the primary purpose of a recreational fire with a fueled fire consisting of either liquefied petroleum (LP), natural gas, clean wood, or charcoal. A portable outdoor fireplace may be open in design or may be equipped with a small hearth opening and a short chimney or chimney opening on the top.

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

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

11. “Structure” means any dwelling, house, building, or flammable construction attached to or near any other structure.
307.3 Residential Burning Prohibited. Notwithstanding any other provision of the Municipal Code, including this Section 307, residential burning is prohibited. No person kindle, maintain, or authorize to be kindled or maintained any residential burning operation anywhere in the City. 307.4 Requirements Applicable to all Open and Outdoor Burning. Any open and outdoor burning operation allowed under this Section 307 must be conducted in accordance with the following requirements:

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

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

3. At least one functioning portable fire extinguisher with a minimum 4-A rating or other approved fire-extinguishing equipment must be readily available for use at times during open and outdoor burning operations.

4. All open and outdoor burning operations shall be conducted in compliance with all state or local law or regulations.

Where state or local law or regulations require prior approval of an open and outdoor burning operation, no person shall conduct such open and outdoor burning operation without such approval or in a manner that violates the conditions of such approval, if any.
307.5 Permits required for Agricultural Burning and Bonfires.

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

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

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

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

2. Barbecue grills and barbecue pits – at least fifteen (15) feet from any structure.

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

4. Recreational fires – at least twenty-five (25) feet from any structure. 307.7 Enforcement. In addition to any other authority granted by law to the Fire Chief, the Fire Chief or their designee shall have the authority to:

1. Issue an order prohibiting any or all open and outdoor burning operations at such time or in such manner or locations that the Fire Chief or their designees determine are hazardous due to atmospheric conditions or local

circumstances. No person shall knowingly kindle or maintain or authorize to be kindled or maintained any open and outdoor burning in violation such an order by the Fire Chief or their designee.

2. Order the extinguishment of any open and outdoor burning operation conducted in violation of this Section 307 or when such operation creates, threatens to create, or adds to a hazardous situation. [Ord. 407 § 3, 2024; Ord. 387 § 2, 2023; Ord. 368 § 2, 2019; Ord. 344 § 2, 2016; Ord. 329 § 5, 2013. Formerly

15.10.060]

15.10.030 Regulation of building construction.

Any and all of the regulations, provisions, and building standards set forth in the Calimesa fire code, as adopted in CMC 15.10.010, together with the provisions of the Calimesa building code, as adopted in Chapter 15.05 CMC, and otherwise as provided in this title, shall govern and regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and/or maintenance of all buildings or structures within the city. [Ord. 387 § 2, 2023; Ord. 368 § 2, 2019; Ord. 344 § 2, 2016; Ord. 280 § 1, 2008; Ord. 226 § 2, 2004; Code 1990 § 8.12.02. Formerly 15.10.020] Chapter 15.15
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA ELECTRICAL CODE Sections:

15.15.010 Adoption of the California Electrical Code, 2025 Edition.

15.15.020 Amendments.

15.15.010 Adoption of the California Electrical Code, 2025 Edition.

The 2025 Edition. of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), based on the 2020 2023 National Electrical Code as published by the National Fire Protection Association, is hereby adopted by reference. A copy of the electrical code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 3, 2023; Ord. 368 § 3, 2019; Ord. 344 § 3, 2016; Ord. 329 § 6, 2013; Ord. 311 § 5, 2011; Ord. 276 § 3, 2008; Ord. 198 § 3, 2002; Code 1990 § 8.3.01.]

15.15.020 Amendments.

Article 310.106(B), Conductor Material, is amended by the addition of second paragraph to read as follows:

Copper wire to be used for wiring No. 6 and smaller in all installations. Consideration for the use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis where adequate safety measures can be ensured.

Article 310, Conductors for General Wiring, is amended by the addition of Article 310.121 to read as follows:
310.121 Continuous inspection of aluminum wiring. Aluminum conductors of No. 6 or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torque of connections at their termination point.

Article 690.13, Building or Other Structure Supplied by Photovoltaic Systems, is amended by addition to read as follows:
(A) Location. The PV disconnecting means shall be installed at a readily accessible location on the outside of a building or structure nearest the point of entrance of the system conductors. A single visible, lockable AC disconnect shall be within 3 feet of the meter on the exterior of the building.[Ord. 389 § 3, 2023.]

Chapter 15.20
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA PLUMBING CODE Sections:

15.20.010 Adoption of the California Plumbing Code, 2025 Edition.

15.20.020 Amendments.

15.20.010 Adoption of the California Plumbing Code, 2025 Edition.

The 2022 Edition of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), based on the 2024 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference. A copy of the plumbing code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 4, 2023; Ord. 368 § 4, 2019; Ord. 344 § 4, 2016; Ord. 329 § 7, 2013; Ord. 311 § 6, 2011; Ord. 276 § 4, 2008; Ord. 198 § 4, 2002; Code 1990 § 8.4.01.]

15.20.020 Amendments.

Section 719.0, Cleanouts. Section 719.1 Location is amended to read:

Section 719.1 Locations. Cleanouts shall be placed inside the building near the connection between the building drain and the building sewer or installed outside the building at the lower end of the building drain and extended to grade, cleanouts are prohibited in garage floors.

The city hereby repeals CMC 15.04.050 (“Uniform Swimming Pool, Spa and Hot Tub Code adopted”) in its entirety. [Ord. 389 § 4, 2023.]
Chapter 15.25
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA MECHANICAL CODE Sections:

15.25.010 Adoption of the California Mechanical Code, 2025 Edition.

15.25.010 Adoption of the California Mechanical Code, 2025 Edition The 2025 Edition of the California Mechanical Code (Part 4 of Title 24 of the California Code of Regulations), based on the 2021 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference. A copy of the mechanical code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 5, 2023; Ord. 368 § 5, 2019; Ord. 344 § 5, 2016; Ord. 329 § 8, 2013; Ord. 311 § 7, 2011; Ord. 276 § 5, 2008; Ord. 198 § 5, 2002; Code 1990 § 8.5.01.] Chapter 15.30
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections:

15.30.010 Adoption of the California Green Building Standards Code, 2022 Edition.

15.30.010 Adoption of the California Green Building Standards Code, 2025 Edition The 2022 Edition of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations) is hereby adopted by reference. A copy of the green building standards code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 6, 2023; Ord. 368 § 6, 2019; Ord. 344 § 6, 2016; Ord. 329 § 9, 2013; Ord. 311 § 8, 2011; Ord. 276 § 6, 2008; Ord. 198 § 6, 2002; Code 1990 § 8.6.01.] Chapter 15.35
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA RESIDENTIAL CODE Sections:

15.35.010 Adoption of the California Residential Code, 2025 Edition

15.35.020 Amendments.

15.35.010 Adoption of the California Residential Code, 2025 Edition The 2022 Edition of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) is hereby adopted by reference. A copy of the residential code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 7, 2023; Ord. 368 § 7, 2019; Ord. 364 § 3, 2019; Ord. 344 § 7, 2016; Ord. 329 § 10, 2013; Ord. 311 § 9, 2011.]

15.35.020 Amendments.

Table R301.2 is revised to read as follows:

TABLE 301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND

SNOW LOAD
WIND DESIGN Seismic
Design
Categor
y
Subject To Damage
From
Speed Topographi
c Effects
Special
Wind
Region
Wind
Bourn
e
Debris
Weatherin
g
Frost
Line
Dept
h
Termit
e
Winter
Desig
n
Temp
Ice Barrier
Underlaymen
t
Flood
Hazard
Air
Freezin
g
Mean
Annua
l Temp
Zero 95/11
0 Yes No/Ye
s
No D1,D2,or
E
Negligible 12-
24"
Very
Heavy
43 No Yes/N
o
0 63
Section R403, Footings. Sections R403.1.2, R403.1.3, R403.1.4, R403.1.5 and R403.1.61 of the CRC are amended to read as follows:

R403.1.2 Continuous Footings in Seismic Design Categories D0, D1, D2, and E. Exterior walls of buildings located in Seismic Design Categories D0, D1, D2, and E, must be supported by continuous solid or fully grouted masonry or concrete footings. Other footing materials or systems must be designed in accordance with accepted engineering practice. The braced wall panels at exterior walls of buildings located in Seismic Design Categories D0, D1, D2 and E must be supported by continuous footings. All required interior braced wall panels in buildings must be supported by continuous footings.

The exception is deleted in its entirety.

R403.1.3 Footing and Stem wall reinforcing in Seismic Design Categories D0, D1, D2 and E. Concrete footings located in Seismic Design Categories D0, D1, D2, and E, as established in Table R301.2(1), must have minimum reinforcement in accordance with this section and Figure R403.1.3. Reinforcement must be installed with support and cover in accordance with Section R403.1.3.5.

R403.1.3.1 Concrete stem walls with concrete footings. In Seismic Design Categories D0, D1, D2, and E, where a construction joint is created between a concrete footing and a concrete stem wall, a minimum of one No. 4 vertical bar must be installed at not more than four feet (4’) on center. The vertical bar must have a standard hook and extend to the bottom of the footing and must support and cover as specified in Section R608.5.4.5. A minimum of one No. 4 horizontal bar must be installed within 12 inches of the top of the stem wall and one No. 4 horizontal bar must be located 3 to 4 inches from the bottom of the footing.

R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories D0, D1, D2, and E, where a masonry stem wall is supported on a concrete footing, a minimum of one No. 4 vertical bar must be installed at not more than four feet (4’) on center. The vertical bar must have a standard hook and extend to the bottom of the footing and must have support and cover as specified in Section R403.1.3.5.3 and extend a minimum of 14 inches

into the stem wall. Standard hooks must comply with Section R608.5.4.5. A minimum of one No. 4 horizontal bar must be installed within 12 inches of the top of the wall and one No. 4 horizontal bar must be located 3 to 4 inches from the bottom of the footing. Masonry stem walls must be solid grouted.

R403.1.3.3 Slabs-on-ground with turned-down footings. In Seismic Design Categories D0, D1, D2, and E, slabs on ground cast monolithically with turned-down footings must have a minimum of one No. 4 bar at the top and the bottom of the footing or one No. 5 bar or two No. 4 bars in the middle third of the footing depth. Where the slab is cast monolithically with the footing, No. 3 or larger vertical dowels with standard hooks on each end must be installed at not more than 4 feet on center in accordance with Figure R403.1.3, Detail 2. Standard hooks must comply with Section R608.5.4.5.

R403.1.3.4 Interior bearing and braced wall footings in Seismic Design Categories D0, D1, D2, and E. In Seismic Design Categories D0, D1, D2, and E, interior footings supporting bearing walls or braced wall panels, and cast monolithically with a slab on grade, must extend to a depth of not less than 12 inches below grade.

R403.1.3.6 is deleted in its entirety.

R403.1.6.1 Foundation anchorage in Seismic Design Categories C, D0, D1, D2, and E. In addition to the requirements of Section R403.1.6, the following requirements apply to wood light-frame structures in Seismic Design Categories D0, D1, D2, and E and wood light-framed townhouses in Seismic Design Category C.

Section R902.1 of the 2022 Edition of the California Residential Code is hereby amended to read as follows:

R902.1 Roofing covering materials. The roof assembly on any structure regulated by this code shall be as set forth in Sections R904 and R905, except that only fire-retardant roof coverings meeting Class A roofing assemblies are permitted in the City of Calimesa. Roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790.

Exception: The roofing assembly includes the roof deck, underlayment, interlayment, insulation and covering, which is assigned a roof classification.
[Ord. 389 § 7, 2023; Ord. 368 § 7, 2019; Ord. 344 § 7, 2016; Ord. 329 § 10, 2013; Ord. 311 § 9, 2011.] Chapter 15.37
ADOPTION OF THE 1996 EDITION OF THE U.S. DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT PERMANENT FOUNDATIONS GUIDE FOR MANUFACTURED HOUSING (4930.3G)
Sections:

15.37.10 Adoption of the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing (4930.3G) 1996 Edition

15.37.020 Amendments.

15.37.10 Adoption of the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing (4930.3G) 1996 Edition.

The U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing (4930.3G) 1996 Edition., is hereby adopted by reference for when a manufactured home is installed on private property. A fully executed HCD form 433A is required prior to Certificate of Occupancy being granted. A copy of the foundation guide as adopted is available in the office of the building official and is available for public inspection.

15.37.20 Amendments.

Section 503-1. of the U.S. Department of Housing and Urban Development Permanent Foundations Guide for Manufactured Housing (4930.3G) 1996 Edition is hereby amended to read as follows:

FOUNDATION REQUIREMENTS. Section 503-1. All exterior walls, marriage walls, marriage wall posts, columns and piers, must be supported on an acceptable foundation system that must be of sufficient design to support safely

the loads imposed, as determined from the character of the soil. All exterior perimeter wall foundations shall have a poured in place reenforced concrete footing and the manufactured home shall be anchored to the perimeter foundation wall at points no greater than 48” apart or as designed by a licensed California Engineer.

Chapter 15.40
ADOPTION OF THE 2021 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:

15.40.010 Adoption of the International Property Maintenance Code, 2024 Edition

15.40.010 Adoption of the International Property Maintenance Code, 2024 Edition The 2021 Edition of the International Property Maintenance Code is hereby adopted by reference. A copy of the international property maintenance code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 8, 2023; Ord. 368 § 8, 2019; Ord. 344 § 8, 2016; Ord. 329 § 11, 2013; Ord. 311 § 10, 2011.]
Chapter 15.45

BUILDING CODE VIOLATIONS
Sections:

15.45.010 Penalties.

15.45.020 General penalty.

15.45.010 Penalties.

A. No person shall violate any provision or fail to comply with any of the requirements of Chapters 15.05 through 15.40 and 15.75 through 15.85 CMC, or of the codes thereby adopted. Unless a different penalty is prescribed for violation of specific provisions of Chapters 15.05 through 15.40 or 15.75 through 15.85 CMC, or of the codes adopted thereby, every act prohibited or declared unlawful and every failure to perform an act made mandatory by Chapters 15.05 through 15.40 and 15.75 through 15.85 CMC, or of the codes thereby adopted, is punishable as a misdemeanor. Where the city attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction. Alternatively, an administrative citation for the violation may be issued pursuant to Chapter 1.30 CMC. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of Chapters 15.05 through 15.40 or 15.75 through 15.85 CMC, or of the codes adopted thereby, is committed, continued, or permitted by such person and shall be punishable accordingly.

B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of Chapters 15.05 through 15.40 or 15.75 through 15.85 CMC, or of the codes thereby adopted, shall constitute a public nuisance and may be abated by the city by civil process by means of a restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance. The city shall further be reimbursed its attorneys’ fees and costs of abatement, as provided by law.

C. All remedies herein are stated to be cumulative and nonexclusive. [Ord. 389 § 9, 2023; Ord. 368 § 9, 2019; Ord. 344 § 9, 2016; Ord. 329 § 12, 2013; Ord. 311 § 11, 2011; Ord. 198 § 10, 2002; Code 1990 § 8.9.01.]

15.45.020 General penalty.

Except in cases where a different punishment is specifically prescribed elsewhere in Chapters 15.05 through 15.40 or 15.75 through 15.85 CMC or in the codes adopted thereby, every misdemeanor offense is punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both; and every offense prosecuted as an infraction shall be punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year.

Any person who has previously been convicted two or more times during any 12-month period for any crime made

punishable as an infraction shall be guilty of a misdemeanor upon the third violation. Alternatively, an administrative citation for the violation may be issued pursuant to Chapter 1.30 CMC. [Ord. 389 § 10, 2023; Ord. 368 § 10, 2019; Ord. 344 § 10, 2016; Ord. 329 § 13, 2013; Ord. 311 § 12, 2011; Ord. 198 § 11, 2002; Code 1990 § 8.9.02.] Chapter 15.50

ROOFING AND REROOFING MATERIALS FOR COMMERCIAL AND RESIDENTIAL BUILDINGS Sections:

15.50.010 Waiver of Class A roofing requirements.

15.50.020 Reroofing an existing structure.

15.50.010 Waiver of Class A roofing requirements.

A waiver of the Class A roofing requirement specified in Section 1505.1 of the 2025 Edition of the California Building Code and the use of Class B or C roof assemblies may be applied for only when an addition to an existing structure will not increase the combustible roof area by more than 25 percent. If a waiver of this requirement is desired, an application for waiver shall be filed with the building official.

The building official shall determine if a waiver is appropriate. An appeal of the building official’s decision to deny a waiver may be made to the planning commission if a written notice of the appeal is filed with the city clerk within 10 days of the date of the building official’s decision. The decision of the planning commission to affirm the building official’s denial of a waiver may be appealed to the city council if a written notice of the appeal is filed with the city clerk within 10 days of the date of the commission’s decision. The decision of the city council shall be final. [Ord. 389 § 11, 2023; Ord. 368 § 11, 2019.]

15.50.020 Reroofing an existing structure.

The Class A roofing requirement specified in Section 1505.1 of the 2025 Edition of the California Building Code shall not apply to the partial reroofing of an existing structure where the reroofing repairs, replaces, or overlays less than 25 percent of the roof area of the structure. If the reroofing repairs, replaces, or overlays more than 25 percent but less than 50 percent of the roof area of the structure, this requirement shall apply, but an application for a waiver of this requirement may be filed with the building official. The building official shall determine if a waiver is appropriate.

An appeal of the building official’s decision to deny a waiver may be made in accordance with CMC 15.50.010. No application for a waiver may be filed or granted if the reroofing repairs, replaces, or overlays 50 percent or more of the roof area of the structure. [Ord. 389 § 11, 2023; Ord. 368 § 11, 2019.] Chapter 15.55
POST-DISASTER SAFETY ASSESSMENT PLACARDS1
Sections:

15.55.010 Intent.

15.55.020 Application of provisions.

15.55.030 Definition.

15.55.040 Placards.

15.55.050 Penalties.

15.55.060 General penalty.

15.55.010 Intent.

This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy.

This chapter further authorizes the building official and his or her authorized representative(s) to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. [Ord. 240 § 1, 2005; Code 1990 § 8.13.01.]

15.55.020 Application of provisions.

The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the city of Calimesa. The council may extend the provisions as necessary. [Ord. 240 § 1, 2005; Code 1990 § 8.13.02.]

15.55.030 Definition.
“Safety assessment” means a visual, nondestructive examination of a building or structure for the purpose of determining the condition of continued occupancy. [Ord. 240 § 1, 2005; Code 1990 § 8.13.03.]

15.55.040 Placards.

A. The following are written descriptions of the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or structures:

1. “Inspected – Lawful Occupancy Permitted” is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structures.

2. “Restricted Use” is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy.

3. “Unsafe – Do Not Enter or Occupy” is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the building official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered.

B. This chapter number, the name of the jurisdiction, its address, and phone number shall be permanently affixed to each placard. Copies of the placards described above are on file in the building and safety department and in the city clerk’s office.

C. Once it has been attached to a building or structure, a placard is not to be removed, altered, or covered until done so by an authorized representative of the building official. It shall be unlawful for any person, firm or corporation to alter, remove, cover, or deface a placard unless authorized pursuant to this chapter. [Ord. 240 § 1, 2005; Code 1990 § 8.13.04.]

15.55.050 Penalties.

A. No person, firm, or corporation shall alter, remove, cover or deface a placard, or fail to comply with any of the requirements of this chapter. Unless a different penalty is prescribed for violation of specific provisions of this chapter, every act prohibited or declared unlawful is punishable as a misdemeanor. Where the city attorney determines that such action would be in the interest of justice, she/he may specify in the accusatory pleading that the offense shall be an infraction. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any of the provisions of this chapter exists.

B. All remedies herein are stated to be cumulative and nonexclusive. [Ord. 240 § 1, 2005; Code 1990 § 8.13.05.]

15.55.060 General penalty.

Every misdemeanor offense is punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both; and every offense prosecuted as an infraction shall be punishable by a fine not exceeding $100.00 for a first violation, and a fine not exceeding $200.00 for a second violation of the same provision within one year. Any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be guilty of a misdemeanor upon the third violation. [Ord. 240 § 1, 2005; Code 1990 § 8.13.06.]
1

Code reviser’s note: Ord. 240 adds this chapter as Chapter 8.12 of Code 1990. It has been renumbered as Chapter

8.13 of Code 1990 to avoid duplication of numbering.

Chapter 15.60

RECYCLING AND DIVERSION OF CONSTRUCTION AND DEMOLITION (C&D) WASTE Chapter 15.65

FLOODPLAIN MANAGEMENT
Chapter 15.70

REPAIR OF DAMAGED STRUCTURES IN A PRESIDENTIALLY DECLARED DISASTER Chapter 15.75
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA ENERGY CODE Sections:

15.75.010 Adoption of the California Energy Code, 2025 Edition

15.75.010 Adoption of the California Energy Code, 2025 Edition The 2022 Edition of the California Energy Code (Part 6 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the energy code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 12, 2023; Ord. 368 § 12, 2019; Ord. 344 § 12, 2016; Ord. 329 § 15, 2013; Ord. 311 § 14, 2011.] Chapter 15.80
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE Sections:

15.80.010 Adoption of the California Historical Building Code, 2025 Edition

15.80.010 Adoption of the California Historical Building Code, 2025 Edition The 2025 Edition of the California Historical Building Code (Part 8 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the historical building code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 13, 2023; Ord. 368 § 13, 2019; Ord. 344 § 13, 2016; Ord. 329 § 16, 2013; Ord. 311 § 15, 2011.] Chapter 15.85
ADOPTION OF THE 2025 EDITION OF THE CALIFORNIA EXISTING BUILDING CODE Sections:

15.85.010 Adoption of the California Existing Building Code, 2025 Edition

15.85.010 Adoption of the California Existing Building Code, 2025 Edition The 2025 Edition of the California Existing Building Code (Part 10 of Title 24 of the California Code of Regulations), as published by the International Code Council, is hereby adopted by reference. A copy of the existing building code as adopted is available in the office of the building official and is available for public inspection. [Ord. 389 § 14, 2023; Ord. 368 § 14, 2019; Ord. 344 § 14, 2016; Ord. 329 § 17, 2013; Ord. 311 § 16, 2011.] Chapter 15.90

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
Sections:

15.90.010 Purpose.

15.90.020 Definitions.

15.90.030 Applicability.

15.90.040 General requirements.

15.90.050 Permit application submittal and review.

15.90.060 Inspections.

15.90.010 Purpose.

The purpose of this chapter is to create an expedited, streamlined permitting process for small residential rooftop solar energy systems in compliance with Section 65850.5 of the California Government Code. [Ord. 339 § 2, 2015.]

15.90.020 Definitions.

The following words and phrases as used in this chapter are defined as follows:

A. “Electronic submittal” means the utilization of one or more of the following:

1. E-mail;

2. The Internet;

3. Facsimile.

B. “Small residential rooftop solar energy system” shall have the same meaning as provided in the Solar Rights Act, Government Code Section 65850.5(j)(3), as the same may be amended from time to time.

C. “Solar energy system” has the same meaning as set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as the same may be amended from time to time. [Ord. 339 § 2, 2015.]

15.90.030 Applicability.

A. This chapter applies to the permitting of solar energy systems including small residential rooftop solar energy systems in the city.

B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements herein unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance shall not require a permit. [Ord. 339 § 2, 2015.]

15.90.040 General requirements.

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state, the city and the local fire department.

B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. [Ord. 339 § 2, 2015.]

15.90.050 Permit application submittal and review.

A. The building official shall develop and implement an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems; and develop and adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

B. The small residential rooftop solar energy system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans

contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.

C. All documents required for the submission of a small residential rooftop solar energy system application shall be made available on the city’s publicly accessible website.

D. The building official shall ensure that electronic submittal of the required permit application and associated documentation shall be made available to all small residential rooftop solar energy system applicants. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

E. The building official shall deem complete an application that satisfies the information requirements in the standard plan(s) and checklist(s).

F. If the building official deems the application incomplete, the building official shall issue a written correction notice to the applicant detailing all deficiencies in the application and any additional information or documentation required so the application may be eligible for expedited permit issuance.

G. The building official shall issue a building permit within three business days for electronic applications or as soon thereafter as may be practicable upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. [Ord. 339 § 2, 2015.]

15.90.060 Inspections.

Only one inspection shall be required and performed by the building official for small residential rooftop solar energy systems eligible for expedited review. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within one to two business days of a request. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter. [Ord. 339 § 2, 2015.] Chapter 15.100

EXPEDITED ELECTRIC VEHICLE CHARGING STATION PERMITTING
Sections:

15.100.010 Purpose.

15.100.020 Definitions.

15.100.030 Expedited review process.

15.100.040 No requirement for association approval.

15.100.010 Purpose.

The purpose of this chapter is to provide for expedited processing of applications for electric vehicle charging stations in compliance with Government Code Section 65850.7. [Ord. 352 § 1, 2017.]

15.100.020 Definitions.

The following definitions shall apply for purposes of this chapter:

A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with California Electric Code Article 625, as it read on January 1, 2016, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle.

B. “Electronic submission” means a submission of an application utilizing email, the internet, and/or facsimile transmission.

C. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete. [Ord. 352 § 1, 2017.]

15.100.030 Expedited review process.

A. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations. The checklist shall substantially conform to the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” found in the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor’s Office of Planning and Research. The checklist, application form, and any other documents required by the building official to process an application shall be published on the city’s website.

B. Anyone seeking to install an electric vehicle charging station at any site within the city may apply to the building official for an expedited nondiscretionary building permit.

C. An application for an expedited building permit for an electric vehicle charging station and all associated documentation may be submitted to the building official in person, by mail, or by electronic submission. Electronic signatures may be used in lieu of wet signatures.

D. An application that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the city shall be deemed complete.

E. If an application for an expedited building permit is deemed incomplete, the building official shall provide a written correction notice of the deficiencies, and the additional information required to complete the application.

F. If the building official determines that an application for an expedited building permit is complete, the building official shall process the application. If the building official determines that the proposed charging station meets all health and safety requirements of state and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved, and a building permit shall be issued.

G. If the building official finds, based on substantial evidence, that a proposed charging station could have a specific, adverse impact upon the public health or safety, the applicant must apply for an electric vehicle charging station use permit in order to install the proposed charging station.

H. An application for an electric vehicle charging station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence in the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for rejection of an electric vehicle charging station use permit application shall include the building official’s basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. Pursuant to Government Code Section 65850.7, the building official’s review shall be limited to health and safety issues. Aesthetic concerns, or other items not related to public health or safety shall not be considered.

I. A decision of the building official made pursuant to subsections (F) through (H) of this section may be appealed to the planning commission. The planning commission’s review shall be subject to the same limitations as that of the building official, and only health and safety issues may be considered.

J. Any condition imposed on an application for an expedited building permit or electric vehicle charging station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. [Ord. 352 § 1, 2017.]

15.100.040 No requirement for association approval.

Consistent with Government Code Section 65850.7, the building official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by a homeowners association, as that term is defined by Civil Code Section 4080. [Ord. 352 § 1, 2017.]

INTRODUCED AND PASSED UPON FIRST READING by title only, this 4 th day of August
2025, upon the following vote:

AYES: Cervantez, Cundieff, Garcia and Manly
NOES: None
ABSENT: Molina
ABSTAIN: None
PASSED, APPROVED, AND ADOPTED this 18th day of August 2025, upon the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________

LINDA MOLINA, MAYOR
ATTEST:
___________________________________

DARLENE GERDES, CITY CLERK
APPROVED AS TO FORM:
___________________________________
STEVEN L. FLOWER, CITY ATTORNEY

City Council Meeting
Agenda Report
Agenda Item No. 9
SUBJECT: CITY COMMISSION APPOINTMENT
MEETING DATE: August 18, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That Council Member Cundieff appoint one member to the Parks Trails & Community Services Commission and that the City Council ratify the appointment by a majority vote and adopt Resolution No. 2025-47 providing for the appointment made.

SUMMARY: Calimesa Municipal Code Chapter 2.20 provides for the regulations and processes of City established Commissions and Boards. Chapter 2.25 established the Parks, Trails & Community Services Commission.

A vacancy exists on the Parks Trails & Community Services Commission and Council Member Cundieff is the appointing Council Member. An application has been received by Christine Van Hyning and Council Member Cundieff has expressed his intention of appointing her to this vacancy.

The appointee’s term will coincide with Council Member Cundieff’s position and expire December 2028.

ATTACHMENTS:

Attachment A: Resolution No. 2025-47
Attachment B: Citizen Service Application from Christine Van Hyning

RESOLUTION NO. 2025-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIMESA, CALIFORNIA, PROVIDING FOR AN APPOINTMENT TO
THE PARKS, TRAILS AND COMMUNITY SERVICES COMMISSION.

WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners.

WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission.

WHEREAS, Chapter 2.25.010 of the Calimesa Municipal Code requires that the Parks, Trails and Community Services Commission shall consist of five (5) members and be appointed as follows: Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Parks, Trails and Community Services Commissioner shall serve at the pleasure of the City Council. Appointments to the Parks, Trails and Community Services Commission shall be ratified by a majority vote of the City Council.

WHEREAS, Council Member Cundieff appoints Christine Van Hyning to the Parks, Trails and Community Services Commission, for a term to expire December 2028.

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

The City Council ratifies Council Member Cundieff’s appointment of Christine Van Hyning to the Parks, Trails and Community Services Commission.

PASSED, APPROVED AND ADOPTED this 18th day of August 2025. ________________________________

LINDA MOLINA, MAYOR
ATTEST:
_____________________________________

DARLENE GERDES, CITY CLERK

City Council Meeting
Agenda Report
Agenda Item No. 10
SUBJECT: APPOINTMENT OF THE LEAGUE OF CALIFORNIA CITIES

VOTING DELEGATE REPRESENTING CALIMESA AT THE

ANNUAL LEAGUE CONFERENCE
MEETING DATE: August 18, 2025
PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council select a primary voting delegate and an alternate voting delegate who will vote on League issues representing the City of Calimesa at the Annual League of California Cities Conference to be held October 8 – 10, 2025 in Long Beach.

BACKGROUND: In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and an alternate voting delegate. The voting delegate and alternate must be registered to attend the conference. Council Member Molina is the only one to date that is registered to attend.

ATTACHMENTS:

Attachment A: Annual Conference Voting Guidelines.

City Council Meeting
Agenda Report
Agenda Item No. 11
SUBJECT: CONSIDERATION AND DIRECTION OF A MAYOR ROTATION POLICY
MEETING DATE: August 18, 2025
PREPARED BY: Will Kolbow, City Manager
RECOMMENDATION: That the City Council receive this report and provide direction to staff regarding the potential development and implementation of a formal Mayor Rotation Policy.

BACKGROUND: Calimesa is a general law city with a Council-Manager form of government, where the City Council provides policy direction and guidance and the City Manager implements Council policy, enforces the Calimesa Municipal Code (CMC), and oversees day-to-day operations. The Mayor and Mayor Pro Tem are currently selected on an annual basis by a majority vote of the City Council in accordance with CMC Section 2.10.030. To date, the City has not adopted a formal policy or codified procedure governing the selection or rotation of these positions.

Recently, members of the City Council approached City staff to request that the Council consider adopting a structured policy that would clarify and formalize the rotation process for the offices of Mayor and Mayor Pro Tem. In response, staff has reviewed several policies from other California cities and compiled examples for Council consideration.

DISCUSSION: The role of Mayor in Calimesa is primarily ceremonial and includes presiding over meetings, signing official documents, and representing the City at regional functions, but otherwise has the same power as other City Council members. A formal rotation policy can promote fairness, transparency, and predictability in the selection process and may help minimize political conflict surrounding these annual appointments.

Staff reviewed four sample policies from California cities that have adopted formal procedures for selecting their Mayor and Mayor Pro Tem:
• City of Beaumont (Ordinance) – Beaumont codified its Mayor rotation into the Municipal Code, establishing a seniority-based system with provisions for re-elected incumbents, vote order among new members, and safeguards for declining to serve. The ordinance also outlines nomination procedures, rotational sequencing, and qualifications. • City of Del Mar (City Council Policy Book) – Del Mar follows a tradition-based policy in which the top vote-getters in Council elections are placed into a rotational queue. Appointments are made annually at the December meeting and rely on Council affirmation.

• City of Murrieta (Resolution) – Murrieta combines seniority and prior service as qualifications.

The Mayor must have served at least two years on the City Council and previously as Mayor Pro Tem. The system aims to ensure leadership experience while sharing the responsibilities equitably.
• City of Saratoga (Resolution) – Saratoga uses a vote-based rotation queue with the top two vote-getters from the last two elections placed into a four-member sequence. It includes rules for tie-breakers, withdrawals, and eligibility based on election versus appointment.

Staff is seeking City Council direction to determine whether the City Council would like to adopt a Mayor Rotation Policy and, if so, how the Council desires to structure such a policy. If the City Council desires to adopt a policy, based on the feedback and direction received, staff will craft a policy for Council consideration at a future City Council meeting.

FISCAL IMPACT: None.

ATTACHMENTS:

Attachment A: City of Beaumont Ordinance No. 1126
Attachment B: City of Del Mar City Council Policy No. 100 Attachment C: City of Murrieta Resolution No. 16-3517
Attachment D: City of Saratoga Resolution No. 10-002

ORDINANCE NO. 1126

AN ORDINANCE OF THE CITY OF BEAUMONT APPROVING

AMENDMENTS TO THE CITY OF BEAUMONT MUNICIPAL

CODE PERTAINING TO RULES OF PROCEDURE
WHEREAS, Chapter 2. 04 ofTitle 2 of the Beaumont Municipal Code currently sets forth the City Council adopted Rules of Procedures for Council meetings; and WHEREAS, to facilitate the orderly and timely conduct of City meetings and to promote wider community understanding and participation in City meetings, the City Council desires to amend Chapter 2. 04 of Title 2 of the Beaumont Municipal Code to expand the application of Rosenberg' s Rules of Order as procedural guidance for City Council meetings and for meetings of other City boards and commissions; and
WHEREAS, the City Council desires to provide further guidance and clarity on the process to be utilized by the City Council in selecting its Mayor and Mayor Pro Tempore; and WHEREAS, the City Council desires to provide further clarity regarding the process to be utilized by the City Council in appointing individuals to City boards and commissions and to the boards of outside agencies;

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

SECTION 1. CEOA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act (" CEQA") pursuant to Section 15060( c)( 2) ( the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060( c)( 3) ( the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences or words of this Ordinance, and to this end the provisions ofthis Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance enforced.

SECTION 3. The City Council hereby amends Title 2, Chapter 2. 04, " City Council Meetings" to read as follows:

Chapter 2. 04

CITY COUNCIL RULES OF PROCEDURE
Sections:

2. 04. 010 Time and place — Generally.

2.04.020 Time and place — Holiday.

2. 04. 030 Notice of Meetings.

2. 04. 040 Rules of Procedure.

2. 04. 050 Presiding Officer.

2. 04. 060 Maintenance of Order.

2. 04. 070 Decorum.

2. 04. 080 Items for Future Agendas and Time Limits for Comments.

2. 04. 090 Nomination of Mayor and Mayor Pro Tempore.

2. 04. 100 Appointments to City Boards and Commissions.

2. 04. 110 Appointment of Council Members to Boards and Commissions of Outside Agencies.

2. 04. 120 Mayoral Responsibilities.

2. 04. 130 Council Member Conduct.

2. 04. 140 Council Member Vacancies.

2. 04. 010. Time and Place — Generally. Regular meetings ofthe City Council shall be held at such times and places as may be fixed by resolution duly adopted by the City Council.

2. 04. 020. Time and Place — Holiday. If a regular meeting ofthe City Council falls on a legal holiday, such meeting shall be held on the next Wednesday not a legal holiday.

2. 04. 030. Notice of Meetings. Notice of City Council Meetings shall be given in compliance with the Ralph M. Brown Act, as may be amended from time to time, and as required by California Law.

2. 04. 040 - Rules of procedure.

The City Council will utilize Rosenberg' s Rules of Order: Simple Parliamentary Procedures for the 21 st Century as guidance for parliamentary procedure for all City Council meetings. The Beaumont Planning Commission and other City Council created commissions and committees that are required to hold open meetings in compliance with the Ralph M. Brown Act, shall utilize Rosenberg' s Rules of Order as guidance for parliamentary procedure during their respective meetings.

2. 04. 050 - Presiding Officer.

The Mayor shall be the Presiding Officer at all City Council meetings. In the absence of the Mayor, the Mayor Pro Tempore shall be the Presiding Officer. In the absence of both the Mayor and the Mayor Pro Tempore, the City Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Mayor Pro Tempore, or until adjournment.

2. 04. 060 - Maintenance of Order.

The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. In the absence of a rule to govern a point of procedure, the decision of the Mayor or Presiding Officer shall be final and binding, unless overruled by a majority of a quorum ofthe Council. No person should be allowed to speak without first being recognized by the Mayor or Presiding Officer. A Council Member, once recognized by the Mayor or Presiding Officer, shall not be interrupted while speaking unless called to order by the Mayor or Presiding Officer. All questions and remarks should be addressed to the Mayor or Presiding Officer.

The Mayor or Presiding Officer may order any person or group to leave a meeting where said person or group, after warning, willfully interrupts a meeting so as to render the orderly conduct of the meeting unfeasible. If said person or group refuses to leave the meeting after being directed to do so by the Mayor or Presiding Officer, the Mayor or Presiding Officer may implement the procedures authorized by law to evict a disruptive person or group from the meeting and to restore order, including but not limited to the procedures authorized by Government Code Sections 54957. 9 and 36813.

2. 04. 070 - Decorum.

No City Council member shall be allowed to speak more than once upon any one subject until every other City Council member wishing to speak thereon shall have had the opportunity to speak. The Mayor and Council Members shall accord the utmost courtesy to each other, to City staff, and to the public appearing before the City Council and shall refrain at all times from rude or derogatory remarks.

2. 04. 080 - Items for Future Agendas and Time Limits for Comments.

A. During a City Council meeting, the Mayor or any member of the Council may direct the City Manager to place an item on a future agenda.

B. If a member of the City Council believes that their comments on any item will exceed five minutes, they shall ask the Mayor or Presiding Officer for additional time to speak on the item.

C. Public comments shall be limited to three minutes per person per agenda item unless otherwise authorized by majority vote.

2. 04.090 — Nomination of Mayor and Mayor Pro Tempore.

The City Council selection ofthe Mayor and Mayor Pro Tempore shall occur annually at the first Council meeting in December during a year in which no Council Member seat is open for election or at the second regular or special Council meeting in December during a year in which Council Member seats are open for election. The Mayor and Mayor Pro Tempore selection shall occur by a seniority rotation process as follows:

A. The office of Mayor and Mayor Pro Tempore shall rotate each year based on the number of years each council member has been in office. Each Council Member shall be given a specified position in the rotation sequence. The first person in the sequence, as determined by tenure on the City Council, shall serve as Mayor. The second person in the sequence, shall serve as Mayor Pro Tempore.

B. After serving as Mayor, that Council Member moves to the end of the rotation sequence and the other four Council Members move forward, causing the Mayor Pro Tempore to become the Mayor.

C. The next Council Member in the rotation after the Mayor Pro Tempore shall then become the Mayor Pro Tempore.

D. When a Council Member is newly elected or appointed, the new Council Member is placed in the fourth position in the rotation, after all incumbents, but before the current outgoing Mayor.

E. Iftwo or more Council Members are newly elected at the same time, the number of votes received in the election determines the Council Members position in the sequence, with the Council Member receiving the fewest votes placed last in the rotation but before the current outgoing Mayor.

F. Incumbent Council Members, when re-elected, retain their placement in the rotation.

G. Iffor any reason a Council Member is removed from the rotation, the remaining Council Members move forward in the sequence.

H. A Council Member may decline to serve as Mayor or Mayor Pro Tempore. In this case, the office would pass to the next Council Member on the list. The Council Member who declined may drop back one position in the rotation.

I. The selection of the Mayor and Mayor Pro Tempore must be ratified by three affirmative votes. If the Mayor or Mayor Pro Tempore fail to receive three affirmative votes, they retain their current position in the rotation and the office would pass to the next Council Member on the list, subject to ratification by three affirmative votes. This process continues until a Mayor and Mayor Pro Tempore are ratified by three affirmative votes. The newly selected Mayor and Mayor Pro Tempore shall be seated in their positions immediately after they have been approved by three affirmative Council Member votes.

J. The City Clerk shall keep and update a list outlining the rotational sequence.

K. A Council Member may serve as Mayor or Mayor Pro Tempore a total of two years during a four-year term of office on the Council, but shall not serve as Mayor or Mayor Pro Tempore in consecutive years.

2. 04. 100 — Appointments to City Boards and Commissions.

The City Council shall appoint all City board and commission members as determined by Sections 2.24.040, 2. 30.020, and 2. 35. 040. The following guidelines shall control the appointment process:

A. Members ofthe public may apply when a vacancy on a board or commission occurs.

The City Council will conduct interviews of applicants at a City Council meeting once a sufficient number of applications have been received.

B. Upon completion of applicant interviews, Council Members may nominate applicants to be appointed to the board or commission. Once all nominations are received, a vote will be taken for each nomination beginning with the first applicant nominated.

Council Members may vote multiple times if there are multiple vacancies for the board or commission.

C. If a nominee receives a majority vote from a quorum of the Council, that nominee shall be appointed to the board or commission.

2. 04. 110 — Appointment of Council Members to Boards and Commissions of Outside Agencies.

At the first regular Council meeting after a new Mayor is installed, the Mayor shall appoint members to Boards and Commissions of outside agencies in the manner provided for herein. At said meeting, the Mayor shall announce the board or commission for which nominations will be considered and invite nominations from the Council. Once all nominations have been received for the specified position, the Mayor shall close nominations. If only one Council Member is nominated to a specified position, the Mayor shall appoint that Council Member to said Board or Commission. In the event more than one Council Member is nominated for a specified position, the Mayor shall ask the nominees ifthey are willing to serve in the specified position. If a Council Member declines to serve, that Council Member' s nomination shall be withdrawn. The Council shall hold a discussion and receive statements from nominees where multiple willing Council Members have been nominated for a specified position. Thereafter, the Mayor shall make an appointment to the specified position from among the willing nominees. This process shall be continued until all open positions on boards and commissions of outside agencies are filled. If no nominations are received for a particular board or commission, the Mayor may appoint a Council Member to fill the position.

2.04. 120 — Mayoral Responsibilities.

The following tasks are the responsibility ofthe Mayor or ifthe Mayor is unavailable the Mayor Pro Tempore or Presiding Officer.

A. To conduct meetings ofthe City Council as its chair.

B. Ensure decorum is maintained at the meeting.

C. To represent the City as its chief elected official at community functions, events, and meetings.

D. To review and propose additions to the agendas ofmeetings of the City Council.

E. Appoint individuals to ad hoc committees;
F. Serve as the primary spokesperson of the Council in communications with the press; G. Sign all letters authorized by and on behalf ofthe Council.

2. 04. 130 — Council Member Conduct.

City Council Members shall:

A. Treat each other, staff, and members of the public with courtesy and respect; B. Maintain confidentiality of all closed session materials and discussion; C. Be attentive to others and limit interruptions and distractions; D. Encourage diverse viewpoints in debate while avoiding personal attacks; E. Agree to respectfully disagree;
F. Promote discussion and resolution ofproblems;
G. Comply with and adhere to official decisions and policies ofthe City Council as approved by a majority ofthe Council;
H. Work in furtherance ofthe City' s best interests;
I. Limit the use of texting and other forms of electronic messaging during Council Meetings to emergency situations.

2. 04. 140 — Council Member Vacancies.

Within 60 days of its occurrence, the City Council shall fill a vacancy on the City Council by appointment or by calling a special election in compliance with the Government Code. In the event the City Council chooses to fill the vacancy by appointment, the Mayor shall invite qualified individuals to apply for the vacant position. At a public meeting held in compliance with the Ralph M. Brown Act, the Council shall interview applicants for the vacant position.

Upon completion of the applicant interviews, the Mayor shall request nominations for the vacant Council position. Once all nominations have been received for the vacant position, the Mayor shall close nominations and a vote shall be taken on the nominations in the order received. This process shall continue until such time as a nominee receives three affirmative votes ofthe Council. Upon a nominee receiving three affirmative Council Member votes, the nominee shall be sworn into office and assume the vacant Council position.

NOW, THEREFORE, BE IT ORDAINED the City Council of the City of Beaumont, California, approves an amendment to the City Code.

INTRODUCED AND READ for the first time and ordered posted at a regular meeting ofthe City Council of the City of Beaumont, California, held on the l5th day of September 2020, by the following roll call vote:

AYES: White, Martinez, Carroll, Lara, Santos
NOES:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City ofBeaumont, California, held on the 6th day of October 2020.

AYES: White, Martinez, Carroll, Lara Santos
NOES:

ABSENT:

ABSTAIN:

Rey antos, Mayor

Attest:

Nicole{ Wheelwright, Deputy Clerk
Approved as to form:
of inkney, C. ttorney

CITY OF DEL MAR

CITY COUNCIL POLICY BOOK
100 SELECTION OF MAYOR AND DEPUTY
MAYOR
DATE REVISED: 12/15/14
BY RESOLUTION: 2014-92
PAGES: 1 OF 1
POLICY:

Del Mar Municipal Code, Section 2.20.020 A and B, addresses when the City Council shall meet to install newly elected Council members and states that its members shall choose one of its members as Mayor and one of its members as Deputy Mayor by motion of the Council and three affirmative votes. It further states that the Mayor and the Deputy Mayor shall serve a term of one year, or until a successor for each position is chosen.

1. The Mayor and Deputy Mayor are members of the City Council and are annually elected by majority vote of the City Council at the first regular meeting in December or, in the case of an election year, upon certification of the election results. As a member of the City Council, the Mayor and Deputy Mayor shall have all the powers of a member.

2. In choosing the Mayor and Deputy Mayor, it is the tradition of the Council to place the top two vote getters in any one election into a queue to rotate into the position of Mayor and Deputy Mayor. In each City Council election, the person with the most votes shall be placed first in the rotation of that group, the second highest vote getter will be placed second, and in the years when there is a third seat contest, the third highest vote getter will be placed third in that rotation. However, the Council member who received the third most votes in an election year filling three seats will not be in the queue for either Deputy Mayor or Mayor but would be in rotation should the Council member traditionally rotating into the Deputy Mayor or Mayor position be unavailable to serve in that role.

3. In case of appointment to the City Council to fill a vacancy, that person will occupy the last position in the current rotation. Each new election will determine the rotation only for the group in that election. Should any City Council member not be available to take their regular place in the established rotation, the next person in the rotation will be elevated to the Deputy Mayor’s position and the rotation will continue as previously set.

4. In the event there are members of the City Council appointed in lieu of an election, the appointed City Council members will go into a Mayoral rotation based on tenure (seniority) on the City Council. The City Council member with the most tenure on the City Council will be placed first in the rotation of that group. If no seniority exists (e.g. members have the same tenure), then the appointed City Council members will be rotated based on a coin toss conducted at a publicly noticed meeting.

RESOLUTION NO. 16- 3517

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING RESOLUTION NO. 14-3301, RULES OF

PROCEDURE FOR CITY COUNCIL MEETINGS, REGARDING ROTATION OF

PRESIDING OFFICERS AND CEREMONIAL TRANSITION OF OFFICERS WHEREAS, Section 2.04.040 of the Municipal Code requires that the City Council adopt Rules of Procedure (the "Rules") to govern the conduct of its meetings and any of its other functions and activities, and regulations pertaining thereto; and WHEREAS, Resolution No. 10-2571, adopted on August 3, 2010, amended Resolution No. 07- 1778, related to the process for selection of presiding officers to insure experience of the meeting chair, to provide continuity for City Council, and to equitably share the burden and responsibility of the position of meeting chair; and
WHEREAS, Resolution No. 13-3052, adopted on February 19, 2013, re-established the Rules in their entirety; with improved meeting efficiency by consolidating Governing Body Announcements with Governing Body Actions/Comments near the end of the meeting; moving Department/Commission Announcements to follow Governing Body Announcements/Actions/Comments near the end of the meeting; and moving Consent Calendar to follow the public comments, rather than at a time specific, potentially allowing public hearings to be heard earlier. It also repealed Resolutions Nos. 07-1778, 08-1922, 08-1975, 08-2116, and 10-2571; and WHEREAS, Resolution No. 13-3167, adopted on November 5, 2013, amended the rules of procedure with revisions to sections 3.14, 4.6, 4.8, 5.1, 5.6, 6.1, and 8.1 regarding closed sessions/workshops, public participation, required votes, and Brown Act updates; and WHEREAS, Resolution No. 14-3202, adopted on March 20, 2014, amended the rules of procedure with revisions to section 2.8 by eliminating one (individual research/report) of three options for City Council Members to place an item on the agenda; and WHEREAS, Resolution No. 14-3301, adopted on October 21, 2014, amended the rules of procedure to include Department Reports toward the beginning of the agenda and reestablished the rules in their entirety; and WHEREAS, on January 19, 2016, the City Council provided direction to amend the rules of procedure by eliminating Section 3.1.3.3 regarding placing members elected in 2010 and thereafter at the end of the rotational queue and providing for ceremonial transition of officers at the meeting following their selection.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Murrieta that Resolution No. 14-3301, Adopting Rules of Procedure for City Council Meetings, and particularly Section 3 Presiding Officers, be amended to read as follows:

3. PRESIDING OFFICERS

3.1. PRESIDING OFFICERS:

The Mayor shall be the Presiding Officer at all meetings of the Council. In the absence of the Mayor, the Mayor Pro Tern shall preside. In the absence of both the Mayor and the Mayor Pro Tern, the Council shall elect a temporary Presiding Officer until the arrival of the Mayor or Mayor Pro Tern or until adjournment.

In accordance with Elections Code Section 10411 and 15400, the Council shall meet following receipt of the statement of election results and declare those nominated or elected to office and the results of any measures. Annually, at the first regular meeting in December, the 'Council shall choose one of its Members as Mayor and one as Mayor Pro Tern.

The ceremony for the transition of officers shall occur at the regular meeting following the selection of officers (typically the second meeting in December).

The Mayor and Mayor Pro tam shall be determined according to the following:

3.1.1. Qualifications for Presiding Officers

3.1.1.1. The Mayor shall have served •at least two years on the City Council.

3.1.1.2. The Mayor shall have served as Mayor Pro Tern at some time prior to serving as Mayor, with normal progression being from Mayor Pro Tern to Mayor.

3.1.1.3. The Mayor Pro Tern shall have served at least one year on the City Council.

3.1.2. Term of Position as Presiding Officers

3.1.2.1. The term of office of Mayor shall be one year.

3.1.2.2. The term of office of Mayor Pro Tern shall be one year.

3.1.3. Rotation into Presiding Officer Positions

3.1.3.1. The Mayor shall be the most senior City Council Member who has not served as Mayor, or if all City Council Members have served as Mayor, the City Council Member who has not served as Mayor for the longest period of time, • providing the Qualifications for Presiding Officers have been met.

3.1.3.2. The Mayor Pro Tern shall be the most senior City Council Member who has not served as Mayor Pro Tem, or if all City Council Members have served as Mayor Pro Tern, the City Council Member who has not served as Mayor Pro Tern for the longest period of time, providing the Qualifications for Presiding Officers have been met.

3.1.3.3. Omitted.
2b8b9f7d-34132-45f1-9c175-d75cb10d7483 2 of 3

PASSED, APPROVED AND ADOPTED this 16 thday of Febru
nterim City Clerk

3.1.3.4. In the event two or more members are newly elected at the same election, the rotation shall be based on the member with the highest number of votes received in the municipal election and will continue in descending order of the most votes received.

However, Members re-elected to successive terms will remain in the rotation order established with their initial election.

3.1.3.5. Recognizing the responsibility placed on the Mayor and Mayor Pro Tem, no member shall have the obligation to serve as either Mayor or Mayor Pro Tem should he/she not wish to do so.

3.1.3.6. A member shall not serve successive terms as Mayor or Mayor Pro Tem unless all other members decline to serve.

Rand& K. Lane, Mayor
APPROVED AS TO FORM:

I, A. Kay Vinson, Interim City Clerk of the City of Murrieta, California, do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on the 16thday of February, 2016, by the following roll call vote:

AYES: INGRAM, LONG, AND LANE
NOES: GIBBS AND RAMOS - ABSENT: NONE
ABSTAIN: NONE
2b8b9f7d-34ba-45f1-9d75-d75cb10d7483 3 of 3

RESOLUTION NO. 10 —002

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA

IMPLEMENTING A POLICY FOR ROTATION OF

MAYOR AND VICE MAYOR
WHEREAS, California Government Code Section 36801 provides that the Mayor and Mayor Pro Tem of a general law city is selected by a majority vote of the City Council; and WHEREAS, said Government Code Section does not require nor provide for any particular procedure for selecting the Mayor; and
WHEREAS; the Saratoga Municipal Code does not provide a procedure for selecting the Mayor and the Mayor Pro Tem; and
WHEREAS, on December 16, 2009, the Saratoga City Council was provided with samples of other California cities' policies regarding mayoral rotation; and WHEREAS, on December 16, 2009, the Saratoga City Council considered establishing a Council policy that would provide a method for the selection of Mayor and Vice Mayor for the City of Saratoga; and
WHEREAS, on December 16, 2009, the Saratoga City Council voted to implement a mayoral rotation policy that would place the council candidates with the two highest votes in any one election into a queue to rotate into the position of Mayor and Vice Mayor. In each Saratoga City Council election, the candidate with the most votes is placed first in the rotation ofthat group, the candidate with the second highest votes is placed second; and WHEREAS, on December 16, 2009, the Saratoga City Council directed staff to bring back a resolution establishing Council's newly implemented mayoral rotation policy at the next scheduled regular Council meeting on January 20, 2010.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga adopts a resolution establishing a mayoral rotation policy whereby the two council candidates with the highest votes in any one election are placed into a queue to rotate into the position of Mayor and Vice Mayor. In each Saratoga City Council election, the candidate with the most votes is to be placed first in the rotation of that group, the candidate with the second highest votes is to be placed second. The Mayor and Vice Mayor are chosen annually by the City Council from among its members by the affirmative vote of three or more of the Council Members. In each City Council election, the person with the most votes shall be placed first in the rotation of that group, the second highest vote getter will be placed second, and in the years when there is a third seat contest, the third highest vote getter will be placed third in that rotation. However, the Council member who received the third most votes in an election year filling three seats will not be in the queue for either Vice Mayor or Mayor but would be in rotation should the Council member traditionally rotating into the Vice Mayor or Mayor position be unavailable to serve in that role.

In case of appointment to the City Council to fill a vacancy, that person will not be placed in rotation for the position of Mayor or Vice Mayor. Each new election will determine the rotation only for the group in that election.

Should any City Council member not be available to take their regular place in the established rotation, the next person in the rotation will be elevated to the Vice Mayor'sposition and the rotation will continue as previously set.

BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 20 day of January 2010 by the following vote:

AYES: Councilmember Chuck Page, Howard Miller, Mayor Kathleen King NOES: Councilmember Jill Hunter
ABSTAIN: None
ABSENT: Councilmember Susie Nagpal
ATTEST:

Ann Sullivan, City Clerk
I !/ ..t.

Kathleen M. King, May/

Year Mayor and Vice Mayor By Rotation Method Mayor and Vice Mayor By Election 1998 - 99
Election Year

ELECTION RESULTS

1. Mehaffey

2. Streit

3. Baker
Shaw (Mayor )* Shaw (Mayor)*
Bogosian (Vice Mayor) Bogosian (Vice Mayor)
1999 -2000
Non Election Year
Bogosian (Mayor) * Bogosian (Mayor) *
Mehaffey (Vice Mayor) Mehaffey (Vice Mayor)
2000 -01
Election Year

ELECTION RESULTS

1. Bogosian

2. Waltonsmith
Mehaffey (Mayor) Mehaffey (Mayor)
Streit (Vice Mayor) Streit (Vice Mayor)
2001 -02
Non Election Year
Streit (Mayor) * Streit (Mayor) *
Baker (Vice Mayor)* Baker (Vice Mayor)*
2002 -03
Election Year

ELECTION RESULTS

1. Streit

2. King

3. Kline
Bogosian (Mayor) Streit (Mayor)
Waltonsmith (Vice Mayor) Waltonsmith ( Vice Mayor)
2003 -04
Non Election Year
Waltonsmith (Mayor) Waltonsmith ( Mayor)
Streit (Vice Mayor) King (Vice Mayor)
2004 -05
Election Year

ELECTION RESULTS

1. Kao

2. Waltonsmith
Streit (Mayor) King (Mayor)
King (Vice Mayor) Kline (Vice Mayor)
2005 -06
Non Election Year
King (Mayor)* Kline (Mayor)*
Kline (Vice Mayor)* Kao (Vice Mayor)
2006 -07
Election Year

ELECTION RESULTS

1. Page

2. King

3. Hunter
Kao (Mayor) Kao (Mayor)
Waltonsmith ( Vice Mayor) Waltonsmith (Vice Mayor)
2007 -08
Non Election Year
Waltonsmith (Mayor)* Waltonsmith (Mayor)*
Page (Vice Mayor) Page (Vice Mayor)
2008 -09
Election Year

ELECTION RESULTS

1. Miller

2. Nagpal
Page (Mayor) Page (Mayor)
King (Vice Mayor) King (Vice Mayor)
2009 -10
Non Election Year
King (Mayor)* King (Mayor)*
Hunter (Vice Mayor)* Hunter (Vice Mayor)*
Indicates end of term on Council
Terms for Mayor and Vice Mayor are one year in length from December to December. 1999: Mayor Shaw died in office, August 2, 1999. Bogosian was designated Mayor Pro Tempore with the Mayor's position vacant until the next Council Reorganization.
2002 -03: Streit elected as Mayor by Council majority out of rotation. 2003 -04: Streit relinquishes place in rotation. Each subsequent Council position moves up in rotation. 2006 -07• "Normal" rotation re- established.