City Council/Successor Agency to the RDA

Regular Meeting of the Calimesa City Council Meeting Agenda Tuesday, February 21, 2023 – 6:00 p.m. Norton Younglove Multipurpose Senior Center 908 Park Avenue, Calimesa, CA 92320 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.facebook.com/cityof.calimesa or https://www.youtube.com/@calimesacity900/live beginning at 6:00 p.m. Submission of Public Comments: If attending the meeting, 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. Otherwise, public comment will be accepted via email. Please send comments via email to the Calimesa City Clerk at dgerdes@cityofcalimesa.net. Identify public comment or the specific agenda item you wish to comment on in your email’s subject line. You may submit comments on any agenda item. Emailed comments must be submitted by 5:30 p.m. on Tuesday, February 21, 2023 and will be read by the City Clerk. Electronic comments on agenda items may only be submitted via email and comments via text and social media (Facebook, Twitter, etc.) will not be accepted. William Davis, Mayor  Wendy Hewitt, Mayor Pro Tem Jeff Cervantez, Council Member  John Manly, Council Member  Linda Molina, Council Member Will Kolbow, City Manager  Quinn Barrow, City Attorney 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. CALL TO ORDER ROLL CALL: MAYOR DAVIS, MAYOR PRO TEM HEWITT, COUNCIL MEMBER CERVANTEZ, COUNCIL MEMBER MANLY AND COUNCIL MEMBER MOLINA. STAFF: CITY MANAGER KOLBOW, CITY ATTORNEY BARROW, CITY CLERK GERDES, FINANCE DIRECTOR REID, PLANNING DIRECTOR LUCIA, PUBLIC WORKS DIRECTOR MONSON, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN SALAS. PLEDGE OF ALLEGIANCE COMMUNICATIONS FROM THE PUBLIC Anyone wishing to address the Council on any item within the Council’s jurisdiction that is not on the agenda may do so at this time. This is not a time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting. Regular Meeting of the Calimesa City Council Tuesday, February 21, 2023 Page 1 of 3 Page 1 of 56 APPROVAL OF THE AGENDA RECOMMENDATION: Move to approve the agenda Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 8) The following Consent Calendar items are expected to be routine and non-controversial. Council will act upon them at one time without discussion. Any Council Member or staff member may request removal of an item from the Consent Calendar for discussion. 1. APPROVAL OF CITY COUNCIL ACTION MINUTES. Page 4 a) City Council action minutes of a regular meeting of February 6, 2023 2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES. Page 14 a) Library Commission action minutes of 11/1/2022 b) Parks, Trails & Community Services Commission action minutes of 11/2/2022 c) Planning Commission action minutes of 01/23/2023 3. APPROVAL OF WARRANT REGISTERS. Page 22 a) Check Register Report with a total of $219,989.21 (Check Nos. 39847 to 39897) b) February 16, 2023 Payroll of $102,928.70 4. WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON THE AGENDA. Page 28 This permits reading the title only in lieu of reciting the entire text of the Ordinances. This does not take policy action on the Ordinances or approve or disapprove any Ordinances on the agenda. 5. COUNCIL TRAVEL EXPENSES Page 29 RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through January 31, 2023. 6. TREASURER’S REPORT FOR THE MONTH ENDED DECEMBER 31, 2022 Page 33 RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended December 31, 2022. 7. 2ND READING OF ORDINANCE NO. 388 - AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 2022-02, AMENDING VARIOUS SECTIONS OF THE SUBDIVISION ORDINANCE (TITLE 17 OF THE CALIMESA MUNICIPAL CODE) AND ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE) REGARDING ACCESSORY DWELLING UNITS, JUNIOR ACCESSORY DWELLING UNITS, URBAN LOT SPLITS, AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15061(B)(3) AND 15282(H), GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND PUBLIC RESOURCES CODE SECTION 21080.17. Page 36 RECOMMENDATION: That the City conduct 2nd reading by title only and adopt Ordinance No. 388, An Ordinance Of The City Of Calimesa, California, Approving Zone Text Amendment 2022- 02, Amending Various Sections Of The Subdivision Ordinance (Title 17 Of The Calimesa Municipal Code) And Zoning Code (Title 18 Of The Calimesa Municipal Code) Regarding Accessory Dwelling Units, Junior Accessory Dwelling Units, Urban Lot Splits, And Housing Units Built In Accordance Regular Meeting of the Calimesa City Council Tuesday, February 21, 2023 Page 2 of 3 Page 2 of 56  With Senate Bill 9, And Making A Determination Of Exemption Under The California Environmental Quality Act (CEQA) Guidelines Sections 15061(B)(3) And 15282(H), Government Code Sections 65852.21(J) And 66411.7(N), And Public Resources Code Section 21080.17. 8. TRACT MAP NO. 30386-1 AND 30386-2: REDUCTION OF FAITHFUL PERFORMANCE BOND. Page 51 RECOMMENDATION: That the City Council 1. Accept the public improvements completed by the Developer 2. Approve reducing the Faithful Performance Bond for the Street Improvements to 10% of the total amount to retain as the Warranty Bond for a period of 1 year. 3. Approve reducing the Faithful Performance Bond for the Storm Drain Improvements to 5% of the total amount to retain as the Warranty Bond for period 1 year. CHAMBER OF COMMERCE REPORTS POLICE CHIEF COMMENTS & REPORTS FIRE CHIEF COMMENTS & REPORTS MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS This is the time for comments, announcements and/or reports on meetings attended at public expense as required by AB 1234. BUSINESS ITEMS 9. CITY COMMISSION APPOINTMENT. Page 53 RECOMMENDATION: That Mayor Pro Tem Hewitt 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. 2023-10 providing for appointment made. COUNCIL MEMBERS’ COMMENTS & REPORTS This is the time for additional general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b). CITY MANAGER COMMENTS & REPORTS CLOSED SESSION ITEMS A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Subsection (a) of Government Code Section 54956.9 Name of Case: City of Calimesa v Estate of Troyce Lee Gayle – Riverside Superior Court Case No. CVRI2205005 ADJOURNMENT Adjourn to the Regular Meeting of the City Council on Monday, March 6, 2023 at 6:00 p.m. Regular Meeting of the Calimesa City Council Tuesday, February 21, 2023 Page 3 of 3 Page 3 of 56  City Council Meeting Agenda Report Agenda Item No. 1 SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES MEETING DATE: February 21, 2023 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Regular City Council Meeting of February 6, 2023. ATTACHMENTS: Attachment A: City Council action minutes of February 6, 2023 regular meeting. Page 4 of 56 Page 5 of 56 Page 6 of 56 Page 7 of 56 Page 8 of 56 Page 9 of 56 Page 10 of 56 Page 11 of 56 Page 12 of 56 Page 13 of 56  City Council Meeting Agenda Report Agenda Item No. 2 SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES MEETING DATE: February 21, 2023 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the November 1, 2022 Library Commission regular meeting, the November 2, 2022 Parks, Trails & Community Services Commission regular meeting and the Planning Commission special meeting of January 23, 2023. ATTACHMENTS: Attachment A: Library Commission action minutes of November 1, 2022 regular meeting. Attachment B: Parks, Trails & Community Services Commission action minutes of November 2, 2022 regular meeting Attachment C: Planning Commission action minutes of January 23, 2023 regular meeting Page 14 of 56 Page 15 of 56 Page 16 of 56 Page 17 of 56 Page 18 of 56 Page 19 of 56 Page 20 of 56 Page 21 of 56  City Council Meeting Agenda Report Agenda Item No. 3 SUBJECT: APPROVAL OF WARRANT REGISTER MEETING DATE: February 21, 2023 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 $2219,989.21 (Check Nos. 39847-39897) b) February 16, 2023 Payroll of $102,928.70 Page 22 of 56 Page 23 of 56 Page 24 of 56 Page 25 of 56 Page 26 of 56 Page 27 of 56  City Council Meeting Agenda Report Agenda Item No. 4 SUBJECT: WAIVE FULL READING OF ANY PROPOSED ORDINANCES ON THE AGENDA MEETING DATE: February 21, 2023 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk This permits reading the title only in lieu of reciting the entire text of the ordinances. This does not take policy action on the Ordinances or approve or disapprove any Ordinances on the agenda. Page 28 of 56  City Council Meeting Agenda Report Agenda Item No. 5 SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE EXPENSES MEETING DATE: February 21, 2023 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 January 31, 2023. ATTACHMENTS: Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through January 31, 2023. Page 29 of 56  FISCAL YEAR 2022-23 ATTACHMENT 5A COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES JEFF CERVANTEZ TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 MEETING/MILEAGE 01-1100-7590 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT 15-Dec LOCC New Mayors/Council Academy $ 625.00 August 18th Yucaipa State of the City $ 55.00 1/31-2/2/23 Hotel for New Mayors/Council $ 693.68 1/31-2/2/23 LOCC Travel/parking/food costs $ 209.86 TOTAL TRAVEL/TRAINING $ 1,528.54 TOTAL MEETING/MILEAGE $ 55.00 REMAINING BALANCE $ (78.54) REMAINING BALANCE $ 545.00 WENDY HEWITT TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 MEETING/MILEAGE 01-1100-7590 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT August 18th Yucaipa State of the City $ 55.00 8-Dec Riverside State of County $ 50.00 TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 105.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 495.00 Page 30 of 56  FISCAL YEAR 2022-23 ATTACHMENT 5A COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES BILL DAVIS TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 MEETING/MILEAGE 01-1100-7590 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ - REMAINING BALANCE $ 1,900.00 REMAINING BALANCE $ 600.00 LINDA MOLINA TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 MEETING/MILEAGE 01-1100-7590 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT Sep 7-9 LOCC Conference Hotel Residence Inn $ 608.16 August 18th Yucaipa State of the City $ 55.00 9-Sep LOCC Conf. Division Lunch $ 50.00 24-Sep Beaumont State of the City $ 65.00 14-Nov LOCC Riverside County Div. Dinner $ 50.00 30-Nov Flight ti Montery LOCC Meeting $ 468.20 TOTAL TRAVEL/TRAINING $ 1,176.36 TOTAL MEETING/MILEAGE $ 120.00 REMAINING BALANCE $ 273.64 REMAINING BALANCE $ 480.00 Page 31 of 56  FISCAL YEAR 2022-23 ATTACHMENT 5A COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES JOHN MANLY - WYNONA DUVALL TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 MEETING/MILEAGE 01-1100-7590 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT Sep 7-9 LOCC Conference Hotel Westin $ 605.42 18-Aug Yucaipa State of the City $ 55.00 Sep 7-9 LOCC Conference Parking $ 15.00 24-Sep Beaumont State of the City $ 65.00 Sep 7-9 LOCC Conference Vehicle Fuel $ 31.21 15-Dec LOCC Mayor/Council Academy $625.00 1/31/-2/2/23Hotel for LOCC Academy $ 693.68 1/31/-2/2/23LOCC Academy reimb. Meals/mileage $ 155.38 TOTAL TRAVEL/TRAINING $ 2,125.69 TOTAL MEETING/MILEAGE $ 120.00 REMAINING BALANCE $ (675.69) REMAINING BALANCE $ 480.00 Page 32 of 56  City Council Meeting Agenda Report Agenda Item No. 6 SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED DECEMBER 31, 2022 MEETING DATE: February 21, 2023 PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended December 31, 2022. BACKGROUND: Pursuant to Council Resolution No. 2022-61 approved on November 7, 2022, 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. 2022-61. 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 a transfer on December 6, 2022 of $350,000 from the General Checking account to the LAIF Investment Fund and a transfer on December 22, 2022 of $350,000 from LAIF to the General Checking account. FISCAL IMPACT: Revenue was recognized for interest and dividend earnings of $5,837 for CFD and Successor Agency funds. ATTACHMENTS: Attachment A: Treasurer’s Report for the month ended December 31, 2022. Page 33 of 56 Page 34 of 56 Page 35 of 56  City Council Meeting Agenda Report Agenda Item No. 7 SUBJECT: 2ND READING OF ORDINANCE NO. 388 - AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 2022-02, AMENDING VARIOUS SECTIONS OF THE SUBDIVISION ORDINANCE (TITLE 17 OF THE CALIMESA MUNICIPAL CODE) AND ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE) REGARDING ACCESSORY DWELLING UNITS, JUNIOR ACCESSORY DWELLING UNITS, URBAN LOT SPLITS, AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15061(B)(3) AND 15282(H), GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND PUBLIC RESOURCES CODE SECTION 21080.17 MEETING DATE: February 21, 2023 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council conduct 2nd reading by title only and adopt Ordinance No. 388, AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 2022-02, AMENDING VARIOUS SECTIONS OF THE SUBDIVISION ORDINANCE (TITLE 17 OF THE CALIMESA MUNICIPAL CODE) AND ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE) REGARDING ACCESSORY DWELLING UNITS, JUNIOR ACCESSORY DWELLING UNITS, URBAN LOT SPLITS, AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15061(B)(3) AND 15282(H), GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND PUBLIC RESOURCES CODE SECTION 21080.17. ATTACHMENTS: Attachment A: Ordinance No. 388 Page 36 of 56  Attachment 7A ORDINANCE NO. 388 AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA, APPROVING ZONE TEXT AMENDMENT 2022-02, AMENDING VARIOUS SECTIONS OF THE SUBDIVISION ORDINANCE (TITLE 17 OF THE CALIMESA MUNICIPAL CODE) AND ZONING CODE (TITLE 18 OF THE CALIMESA MUNICIPAL CODE) REGARDING ACCESSORY DWELLING UNITS, JUNIOR ACCESSORY DWELLING UNITS, URBAN LOT SPLITS, AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15061(B)(3) AND 15282(H), GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND PUBLIC RESOURCES CODE SECTION 21080.17 THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and considered the information included in the General Plan, Zoning Code and Staff Report for the Public Hearing and public testimony prior to taking action on this Ordinance and Zoning Text Amendment. This information is on file and available at the Community Development Department at Calimesa City Hall. SECTION 2. The City Council finds that the Zoning Text Amendment is consistent with the goals and policies of the General Plan and would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Applicable General Plan goals are identified below with a description of how this Ordinance furthers the goals of the General Plan: 1. GOAL LU-1: Preserve and enhance the small-town atmosphere of Calimesa. This Ordinance preserves and enhances the existing small-town atmosphere of Calimesa, by encouraging growth and reinvestment in existing residential areas, while the existing character of single family and multifamily areas, where new units would be located, remains essentially unchanged. 2. GOAL LU-2: A logical and efficient pattern of development that reduces infrastructure costs and maintains the character of Calimesa. This Ordinance provides for a logical and efficient pattern of development because it allows additional residential units and urban lot splits without the development of major road, water and sewer infrastructure that is typical of new development, while also maintaining the existing character of Calimesa. 3. GOAL LU-3: An arrangement of land uses that achieves maximum compatibility between land uses and especially with existing neighborhoods. This Ordinance provides for maximum compatibility with existing development because it maintains the existing character of development. Compatibility issues associated -1- Page 37 of 56  with developing new multistory housing next to single-family development are avoided as the new units and urban lot splits maintain the character of the land use/zoning where they are located. 4. GOAL H-3: The City will provide opportunities for the development of new housing units to meet the housing needs of all economic segments of the population while preserving the natural environment and unique existing character and physical attributes of the community. This Ordinance provides for new housing units to meet the housing needs of all economic segments of the population, while preserving the natural environment and unique existing character and physical attributes of the community, because the additional units and urban lot splits do not rely upon any substantial development of vacant land or undeveloped open space located within the City. SECTION 3. Section 17.10.020 (Definitions) of Chapter 17.10 (Definitions) of the Subdivision Ordinance, Title 17, of the Calimesa Municipal Code, is hereby amended to add definitions of “Dwelling unit, accessory,” “Dwelling unit, junior accessory,” “SB 9,” and “Urban lot split” as follows, with all other definitions in Section 17.10.020 to remain the same: “Dwelling unit, accessory” means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling or multifamily dwelling is situated. An accessory dwelling unit also includes: (1) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and (2) a manufactured home, as defined in Section 18007 of the Health and Safety Code. “Dwelling unit, junior accessory” means a unit that is no more than 500 square feet in size and entirely contained within a single-family residence. A junior accessory dwelling unit includes cooking and food storage areas and may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. “SB 9” means a state law signed by the Governor on September 16, 2021 that amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7. “Urban lot split” means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size. SECTION 4. A new Section 17.15.060 (Urban Lot Splits) is hereby added to Chapter 17.15 (Land Division Ordinance) of the Subdivision Ordinance, Title 17, of the Calimesa Municipal Code to read as follows: -2- Page 38 of 56 A. The purpose of these standards is to establish procedures and standards for the urban lot splits pursuant to SB 9 in a manner that preserves the integrity of single-family residential areas, avoids adverse impacts on such areas, and provides additional housing opportunities consistent with state law. B. An urban lot split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. The Community Development Director shall approve an exception to any of the standards specified in this section upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area. C. The City may deny an application for an urban lot split if the Building Official makes both of the following findings in writing based upon a preponderance of evidence: 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2); and 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. D. The following standards shall apply to all urban lot splits: 1. Except as expressly provided in this section or SB 9, all other applicable regulations from the Calimesa Municipal Code shall apply, along with all applicable requirements of state law including the Subdivision Map Act 2. Notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split. 3. No lot resulting from an urban lot split shall be smaller than 1,200 square feet. 4. No lot resulting from an urban lot split shall have more than two residential units inclusive of any accessory dwelling unit or junior accessory dwelling unit. 5. The two lots resulting from an urban lot split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel. -3- Page 39 of 56  6. No flag lots shall be created as a result of an urban lot split if the subject property is adjacent to an alley, located on a corner, or on a through lot. 7. The width of any lot resulting from an urban lot split shall not be less than 20 feet wide. 8. The proposed parcel map shall demonstrate the ability to access the public right-of-way in perpetuity. E. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations. The City may, at the applicant’s expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement. F. A property owner seeking approval of an urban lot split shall execute and record a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions: 1. Non-residential uses on the site shall be prohibited; 2. The short term rental for periods less than 30 days of any units on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; 4. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; 5. Ongoing compliance with all SB 9 requirements and restrictions shall be required; 6. Access to the public right-of-way shall be maintained in perpetuity; and 7. All required parking shall be maintained. G. Urban lot splits shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee. -4- Page 40 of 56  SECTION 5. Section 18.10.020 (Definitions) of Chapter 18.10 (Definitions) of the Zoning Code, Title 18, of the Calimesa Municipal Code, is hereby amended to add definitions of “SB 9,” “SB 9 development project,” and “urban lot split” as follows, with all other definitions in Section 18.10.020 to remain the same: “SB 9” means a state law signed by the Governor on September 16, 2021 that amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7. “SB 9 development project” consists of an urban lot split or development project proposed pursuant to the regulations set forth in SB 9. “Urban lot split” means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size. SECTION 6. Table 18.20.030 (Uses Permitted within Residential Districts) in Section 18.20.030 (Use Regulations for Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning Code, Title 18, of the Calimesa Municipal Code, is hereby amended to add reference to “Senate Bill 9 development project,” as follows, with all other subsections to remain the same: Table 18.20.030 – Uses Permitted Within Residential Districts Use O-S-R R-E R-R R-L R-L-M R-M R-H A. Residential Uses Senate Bill 9 development project o X X X P P X X o. Subject to the provisions of CMC 18.20.050(P), Senate Bill 9 Development Projects. SECTION 7. Subsection “P” is hereby added to Section 18.20.050 (Specific Standards for Development in Residential Districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning Code, Title 18, of the Calimesa Municipal Code to read as follows: P. Senate Bill 9 Development Projects. 1. The purpose of these standards is to establish procedures and standards for the development of residential development projects pursuant to SB 9 in a manner that preserves the integrity of single-family residential areas, avoids adverse impacts on such areas, and provides additional housing opportunities consistent with state law. 2. An application for an SB 9 development project shall be subject to ministerial review by the Community Development Director or designee to determine whether the criteria for approval have been met. The Community Development Director -5- Page 41 of 56 shall approve an exception to any of the standards specified in this subsection “P” upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area. 3. The Building Official may deny an application for an SB 9 development project upon making both of the following findings in writing based upon a preponderance of evidence: a. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2); and b. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. 4. The following standards shall apply to all SB 9 development projects: a. Except as expressly provided in this subsection “P” or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Calimesa Municipal Code b. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this subsection “P”, unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an urban lot split lot shall be accessed via an alley, if there is an alley adjacent to the lot. c. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights-of-way. d. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material. e. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. f. More than 25 percent of the exterior structural walls of a primary unit shall not be demolished if the primary unit has been occupied by a tenant in the three years prior to the submission of an SB 9 development project application. -6- Page 42 of 56 g. An SB 9 development project shall not require the demolition or alteration of any of the following: i. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. iii. Housing that has been occupied by a tenant in the three years prior to the submission of an SB 9 development project application. iv. Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 development project application. h. No unit created pursuant to the regulations in SB 9 and this subsection “P” shall be more than 1,200 square feet in floor area, with any basements counting as floor area. i. Any units created pursuant to the regulations in SB 9 and this subsection “P” shall have a minimum four foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21. j. A SB 9 development project shall not be permitted on a parcel located in: i. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. ii. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). iii. A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation -7- Page 43 of 56 measures pursuant to existing building standards or state fire mitigation measures applicable to the development. iv. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. v. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. vi. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. vii. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. viii. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species -8- Page 44 of 56  Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. ix. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). x. Lands under conservation easement. xi. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the City. 5. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations. The City may, at the applicant’s expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement. 6. A property owner seeking approval of an SB 9 development project shall execute and record a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions: a. Non-residential uses on the site shall be prohibited; b. The short term rental for periods less than 30 days of any units on the site shall be prohibited; c. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; e. Ongoing compliance with all SB 9 requirements and restrictions shall be required; -9- Page 45 of 56  f. Access to the public right-of-way shall be maintained in perpetuity; and g. All required parking shall be maintained. 7. SB 9 development projects shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee. SECTION 8. Subdivisions “a”, “b”, “m”, “n”, “q” and “r” of Subparagraph “3” of Paragraph (L) (Accessory Dwelling Units in Residential Zones) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning Code, Title 18, of the Calimesa Municipal Code, are hereby amended in their entirety to read as follows, with all other provisions of Section 18.20.050 to remain the same: a. The lot shall contain an existing primary unit at the time an application for an accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the development of the primary unit. Commencement of the 60-day accessory dwelling unit review period shall commence upon the approval of the primary dwelling unit. The city may choose to process the accessory dwelling unit and the primary dwelling unit concurrently, so long as the application for the accessory dwelling unit is approved within 60 days after the approval of the primary structure and the primary structure is issued building permits prior to or concurrent with the accessory dwelling unit. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed concurrently with the application for the accessory dwelling unit and shall be issued at the same time. b. For properties with single-family structures, no more than one accessory dwelling unit and one junior accessory dwelling unit (see CMC 18.20.050(O)) shall be permitted on any one lot. m. Upon approval of an accessory dwelling unit on a lot, the lot shall not be further divided, unless there is adequate land area to divide the lot consistent with the general plan and zoning designation, or as required by Section 17.15.060. n. Except as otherwise required herein, all construction, structural alterations or additions made to create an accessory dwelling unit shall comply with current development standards and building, electrical, fire and plumbing codes. A permit to create an accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. q. A detached accessory dwelling unit that is 800 square feet or less, consistent with the height requirements in section 18.20.050(L)(5)(b)(ii), and compliant with a -10- Page 46 of 56  minimum four-foot side and rear setback, shall be considered consistent with all city development standards, irrespective of any other municipal code limitations governing lot coverage, floor area ratio, open space, or front yard setback. For any other accessory dwelling unit, lot coverage, floor area ratio, open space, and front yard setback requirements for the underlying zone shall apply. r. Fire sprinklers are not required for ADUs if not required for the primary residence, as determined by the fire marshal. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. SECTION 9. Subdivisions “b” and “d” of Subparagraph “4” of Paragraph (L) (Accessory Dwelling Units in Residential Zones) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning Code, Title 18, of the Calimesa Municipal Code, are hereby amended in their entirety to read as follows, with all other provisions of Section 18.20.050 to remain the same: b. Detached Accessory Units on Single-Family Lots. One detached, new construction accessory dwelling unit, so long as the accessory dwelling unit maintains at least a four-foot rear and side yard setback, does not exceed 800 square feet, and does not exceed the height requirements in section 18.20.050(L)(5)(b)(ii). This ADU may be combined with a JADU authorized under subsection (O) of this section. d. Detached ADUs on Multifamily Lots. Not more than two detached ADUs, on a lot with an existing or proposed multifamily dwelling. The accessory units are subject to the height requirements in section 18.20.050(L)(5)(b)(ii) and must maintain at least a four-foot rear and side yard setback. If the existing multifamily dwelling has a rear or side setback of less than four feet, the existing multifamily dwelling need not be modified to construct an accessory dwelling unit that satisfies the requirements of this subdivision. SECTION 10. Subsection “ii” of Subdivision “b” of Subparagraph “5” of Paragraph (L) (Accessory Dwelling Units in Residential Zones) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning Code, Title 18, of the Calimesa Municipal Code, is hereby amended in its entirety to read as follows, with all other provisions of Section 18.20.050 to remain the same: ii. Maximum building height shall not exceed 32 feet for a detached accessory dwelling unit. An accessory dwelling unit that is constructed as an addition to an existing single-family residence shall not exceed 16 feet in height. An accessory dwelling unit shall not be constructed as a second-story addition to an existing single-family residence. -11- Page 47 of 56  SECTION 11. Subdivisions “a”, “g”, “i” and “j” of Subparagraph “3” of Paragraph (O) (Junior Accessory Dwelling Units in Residential Zones) of Section 18.20.050 (Specific development standards for residential districts) of Chapter 18.20 (Residential Zone Districts) of the Zoning Code, Title 18, of the Calimesa Municipal Code, are hereby amended in their entirety to read as follows, with all other provisions in Section 18.20.050 to remain the same: a. The lot shall contain an existing primary unit at the time an application for a junior accessory dwelling unit is submitted, or the application for the accessory dwelling unit may be made in conjunction with the application for the primary unit. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-family residence, which for these purposes shall include an attached garage. g. A junior accessory dwelling unit shall have a separate entrance. If the junior accessory dwelling unit does not include a separate bathroom, it shall include a separate entrance from the main entrance to the primary unit, with an interior entry to the main living area of the primary unit. i. Except as otherwise required herein, all construction, structural alterations or additions made to create the junior accessory dwelling unit shall comply with current development standards and building, electrical, fire and plumbing codes. A permit to create a junior accessory dwelling unit shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit. j. Fire sprinklers are not required if not required for the primary residence as determined by the fire marshal. The construction of a junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. SECTION 12. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because it can be seen with certainty that this Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council’s action of adopting this Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3). This Ordinance will provide local regulations related to accessory dwelling units, junior accessory dwelling units, SB 9 development projects, and urban lot splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts. There is no possibility that adopting this Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this Ordinance is exempt from CEQA pursuant to: (1) Government Code -12- Page 48 of 56 Section 65852.21(j) as an action to implement Government Code Section 65852.21; (2) Government Code Section 66411.7(n) as an action to implement Government Code Section 66411.7; and (3) Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) as an action to implement the provisions of Government Code Sections 65852.2 and 65852.22. The Community Development Director shall prepare and file a Notice of Exemption for this Ordinance. SECTION 13. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 14. Effective Date. This Ordinance shall take affect thirty (30) days after its adoption. The City Clerk is directed to certify to the enactment of this Ordinance and to cause this Ordinance to be published and/or posted as required by law. INTRODUCED AND APPROVED UPON FIRST READING this 6th day of February, 2023, upon the following vote: AYES: Cervantez, Davis, Manly and Molina NOES: None ABSENT: Hewitt ABSTAIN: None PASSED, APPROVED AND ADOPTED UPON SECOND READING this 21st day of February, 2023, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: -13- Page 49 of 56  ____________________________________ WILLIAM DAVIS, MAYOR ATTEST: _________________________________ DARLENE GERDES, CITY CLERK APPROVED AS TO FORM: __________________________________ QUINN BARROW, CITY ATTORNEY -14- Page 50 of 56  City Council Meeting Agenda Report Agenda Item No. 8 SUBJECT: TRACT MAP NO. 30386-1 AND 30386-2: REDUCTION OF FAITHFUL PERFORMANCE BOND. MEETING DATE: February 21, 2023 PREPARED BY: Will Kolbow, City Manager Michael Thornton, City Engineer RECOMMENDATION: That City Council: 1. Accept the public improvements completed by the Developer 2. Approve reducing the Faithful Performance Bond for the Street Improvements to 10% of the total amount to retain as the Warranty Bond for a period of 1 year. 3. Approve reducing the Faithful Performance Bond for the Storm Drain Improvements to 5% of the total amount to retain as the Warranty Bond for period 1 year. BACKGROUND: On June 16, 2003, the City Council adopted Resolution No. 2003-32, approving Tentative Tract Map 30386, JP Ranch. The project is an approximate 360-acre single-family residential tract development on the eastern side of the City comprised of up to 786 single-family homes, a wildlife corridor, parks, public facilities and roadway improvements and which was entitled with three subdivision tracts (26925, 30386 and 30387) and Conditions of Approval. On April 2, 2007, City Council approved Final Maps for two phases of Tract 30386 (Final Tract Map 30386-1 and 30386-2) which have all subsequently been recorded in the Office of the County Recorder accepting the rights-of-way offered on the Map. Highpointe JPR 308, LLC, (Highpointe) purchased the portion of the project in JP Ranch within Tracts 30386. In early 2019, Highpointe subsequently sold the remaining lots within Tract Map 30386 to Western Pacific Housing, dba D.R. Horton America’s Builder (DR Horton). On December 17, 2018, the City Council approved termination of the Subdivision Improvement Agreement (SIA) between the City and Highpointe LLC and approved a new SIA between the City and D.R. Horton. Provided improvement bonds are as followed: • Faithful Performance “Singleton Street Improvements” in the amount of $1,685,000.00 (Bond No. SUR0053413) Page 51 of 56  • Faithful Performance “Singleton Street Storm Drain Improvements” in the amount of $1,796,000.00 (Bond No. SUR0053415) The Developer has completed the work and therefore requests the faithful performance bonds be reduced (10% of the total bond amount for the Street Improvements and 5% for the Storm Drain Improvements) to be maintained as Warranty for a period of 1 year. RCFC has sent the City a letter stating that they have accepted the Storm Drain Improvements and is requesting that the City reduce the bond amounts. In Accordance with Section 19 of the Undertaking Agreement, the City Engineer herby notifies the City Council that the Developer has completed the public Improvements related to the project in compliance with improvement plans and all applicable City standards. Council shall accept the improvements and authorize the reduction of the bonds to the following amounts: • Faithful Performance “Singleton Street Improvements” in the amount of $168,500.00 (10% of the total amount) • Faithful Performance “Singleton Street Storm Drain Improvements” in the amount of $89,800.00 (5% of the total amount) Page 52 of 56  City Council Meeting Agenda Report Agenda Item No. 9 SUBJECT: CITY COMMISSION APPOINTMENTS MEETING DATE: February 21, 2023 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That Mayor Pro Tem Hewitt 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. 2023-10 providing for appointment made. SUMMARY: Vacancies exist on the Parks, Trails & Community Services Commission. The Notice of Vacancies was posted and published, and 1 application was received. Mayor Pro Tem Hewitt will make an appointment to the Parks, Trails & Community Services Commission. The received application is attached as Attachment B. Two (2) vacancies exist and one (1) appointment shall be made by Mayor Pro Tem Hewitt and appointee’s term will coincide with Mayor Pro Tem Hewitt’s position. An application for Parks, Trails & Community Services Commission was received by Jennifer Taylor. ATTACHMENTS: Attachment A: Resolution No. 2023-10 Attachment B: Citizen Service Application for Jennifer Taylor Page 53 of 56  Attachment 9A RESOLUTION NO. 2023-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, CALIFORNIA, PROVIDING FOR AN APPOINTMENT TO THE PARKS, TRAILS AND COMMUNITY SERVICES COMMISSION. WHEREAS Section 2.20.050 of the Calimesa Municipal Code requires that the City Council shall, by resolution, establish policies and procedures for appointing and removing Commissioners. WHEREAS, Resolution No. 98-26, Section 2(a) requires that members of each Commission shall be appointed and shall serve for a period of time set forth in the ordinance creating the commission. WHEREAS, Chapter 2.25.010 of the Calimesa Municipal Code requires that the Parks, Trails and Community Services Commission shall consist of five (5) members and be appointed as follows: Each Council Member shall appoint one (1) Commissioner who shall serve at the pleasure of that appointing City Council Member for the term (or remainder thereof) of the City Council Member or to fill the unexpired term of a former incumbent, in which case, the appointment shall be for the unexpired term. Each Parks, Trails and Community Services Commissioner shall serve at the pleasure of the City Council. Appointments to the Parks, Trails and Community Services Commission shall be ratified by a majority vote of the City Council. WHEREAS, Mayor Pro Tem Hewitt appoints Jennifer Taylor to the Parks, Trails and Community Services Commission, for a term to expire December 2024. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA DOES HEREB Y RESOLVE AS FOLLOWS: The City Council ratifies Mayor Pro Tem Hewitt appointment of Jennifer Taylor to the Parks, Trails and Community Services Commission. PASSED, APPROVED AND ADOPTED this 21st day of February 2023. ________________________________ WILLIAM DAVIS, MAYOR ATTEST: _____________________________________ DARLENE GERDES, CITY CLERK Page 54 of 56  Attachment 9B Page 55 of 56 Page 56 of 56