City Council/Successor Agency to the RDA

Regular Meeting of the Calimesa City Council Meeting Agenda Monday, November 18, 2024 – 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.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. 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, INTERIM PUBLIC WORKS DIRECTOR SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN NORTHRUP. PLEDGE OF ALLEGIANCE COMMUNICATIONS FROM THE PUBLIC Pursuant to the Brown Act, this is the opportunity for members of the public to directly address the Council on any item within the Council’s subject matter jurisdiction. Please note that this is also the time in which members of the public may address the Council on any item on the Consent Calendar. This is not the time for City Council discussion of non-agenda items. After receiving public comments, Council Members, or staff, after being recognized by the Mayor, may briefly respond to statements made by the public or questions posed by the public. In addition, Council Members may ask questions for clarification or make a referral to staff for factual information to be reported back to the Council at a later meeting. Regular Meeting of the Calimesa City Council Monday, November 18, 2024 Page 1 of 3 Page 1 of 41 APPROVAL OF THE AGENDA, CONSENT CALENDAR AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to notify the public of any changes to the agenda; such as removal of an agenda item, rearrangement of the agenda, postponement of an agenda item or continuance of an item to a future meeting. This is also the time for the City Council to remove items from the Consent Calendar for individual consideration. Waiver of full reading of ordinances does not take policy action or approve or disapprove any ordinances on the agenda, it simply means that the entire text of the ordinance will not be read. RECOMMENDATION: Move to approve the agenda and consent calendar Motion________________________ Second_______________________ Vote___________________________ CONSENT CALENDAR (Items 1 – 4) 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. Page 4 a) City Council action minutes of November 4, 2024 regular meeting 2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES. Page 11 a) Parks, Trails & Community Services Commission action minutes of 9/18/2024 special meeting. 3. APPROVAL OF WARRANT REGISTERS. Page 15 a) Check Register Report with a total of $571,737.06 (Check Nos. 42724 to 42778). b) November 1, 2024 Council Payroll of $1,670.25 November 7, 2024 Payroll of $113,073.35 4. COUNCIL TRAVEL EXPENSES Page 24 RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through October 31, 2024. CALIMESA CHAMBER OF COMMERCE REPORT BUSINESS ITEMS 5. PUBLIC SAFETY ORDINANCES. Page 28 RECOMMENDATION: That the City Council: 1. Introduce for First Reading, read by title only, Ordinance No. 404, an Ordinance of the City of Calimesa Amending Title 8 (Health & Safety) of the Calimesa Municipal Code by Adding Chapter 8.65 Shopping Carts and Laundry Carts Thereto and Finding that this Ordinance is Exempt from the California Environmental Quality Act Pursuant to CEQA Guidelines Section 15061(B)(3). 2. Introduce for First Reading, read by title only, Ordinance No. 405, an Ordinance of the City of Calimesa Adopting a New Chapter 9.70 Regarding the Prohibition Against Certain Conduct on Public Property Open to the Public and Finding that this Ordinance is Exempt from the California Environmental Quality Act Pursuant to CEQA Guidelines Section 15061(B)(3).. Regular Meeting of the Calimesa City Council Monday, November 18, 2024 Page 2 of 3 Page 2 of 41 MAYOR & COUNCIL MEMBER REPORTING OF COUNTY & REGIONAL MEETINGS/CONFERENCES This is the time for general comments, announcements, reports on meetings attended at public expense as required by AB 1234, requests of staff, and other issues of concern to Council Members may be presented briefly at this time. The Council may not legally take action on any item presented at this time other than to direct staff to investigate a complaint or place an item on a future agenda unless (1) by a majority vote, the Council determines that an emergency situation exists, as defined by Government Code § 54956.5 or (2) by a four-fifths vote, the Council determines that there is a need for immediate action and the need for action arose subsequent to the agenda being posted as required by Government Code § 54954.2(b). CITY MANAGER COMMENTS & REPORTS CLOSED SESSION ITEMS A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Manager B. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 City Negotiator: Quinn M. Barrow, City Attorney Unrepresented Employee: City Manager ADJOURNMENT Adjourn to the Regular Meeting of the City Council on Monday, December 2, 2024 at 6:00 p.m. Regular Meeting of the Calimesa City Council Monday, November 18, 2024 Page 3 of 3 Page 3 of 41  City Council Meeting Agenda Report Agenda Item No. 1 SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES MEETING DATE: November 18, 2024 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 November 4, 2024. ATTACHMENTS: Attachment A: City Council action minutes of November 4, 2024 regular meeting. Page 4 of 41 Page 5 of 41 Page 6 of 41 Page 7 of 41 Page 8 of 41 Page 9 of 41 Page 10 of 41  City Council Meeting Agenda Report Agenda Item No. 2 SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES MEETING DATE: November 18, 2024 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Parks, Trails & Community Services Commission Special meeting of September 18, 2024. ATTACHMENTS: Attachment A: Parks, Trails & Community Services action minutes of September 18, 2024 Page 11 of 41 Page 12 of 41 Page 13 of 41 Page 14 of 41  City Council Meeting Agenda Report Agenda Item No. 3 SUBJECT: APPROVAL OF WARRANT REGISTER MEETING DATE: November 18, 2024 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 $571,737.06 (Check Nos.42724-42778) b) November 1, 2024 Council Payroll of $1,670.25 November 7, 2024 Payroll of $113,073.35 Page 15 of 41 Page 16 of 41 Page 17 of 41 Page 18 of 41 Page 19 of 41 Page 20 of 41 Page 20 of 41 Page 21 of 41 Page 21 of 41 Page 22 of 41 Page 22 of 41 Page 23 of 41 Page 23 of 41  City Council Meeting Agenda Report Agenda Item No. 4 SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE EXPENSES MEETING DATE: November 18, 2024 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 October 31, 2024. ATTACHMENTS: Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through October 31, 2024. Page 24 of 41  FISCAL YEAR 2024-25 ATTACHMENT 4A 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 14-Aug State of District 5 Event $ 100.00 TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 100.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 500.00 WENDY HEWITT TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 MEETING/MILEAGE 01-1100-7590 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT 8-Jul Cal Cities Riverside Division Mtg $ 60.00 19-Sep Beaumont State of the City $ 75.00 10-Sep Calimesa Chamber Breakfast $ 30.00 9-Oct Banning SOTC $ 90.00 8-Oct Calimesa Chamber Breakfast $ 25.00 TOTAL TRAVEL/TRAINING $ - TOTAL MEETING/MILEAGE $ 280.00 REMAINING BALANCE $ 1,450.00 REMAINING BALANCE $ 320.00 Page 25 of 41  FISCAL YEAR 2024-25 ATTACHMENT 4A 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 10-16-10-18 LOCC Annual Conference Hotel $ 555.42 8-Jul Cal Cites Riverside Division Mtg $ 60.00 10-16-20204food expenses $ 40.00 14-Aug State of District 5 Event $ 100.00 17-Oct food expenses $ 57.97 8-Sep Cal Cites Riverside Division Mtg $ 65.00 16-Oct LOCC Riverside Div Lunch $ 80.00 9-Oct Banning SOTC $90.00 TOTAL TRAVEL/TRAINING $ 733.39 TOTAL MEETING/MILEAGE $ 315.00 REMAINING BALANCE $ 716.61 REMAINING BALANCE $ 285.00 Page 26 of 41  FISCAL YEAR 2024-25 ATTACHMENT 4A COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES JOHN MANLY TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 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 Page 27 of 41  City Council Meeting Agenda Report Agenda Item No. 5 SUBJECT: PUBLIC SAFETY ORDINANCES MEETING DATE: November 18, 2024 PREPARED BY: Will Kolbow, City Manager Quinn Barrow, City Attorney RECOMMENDATION: That the City Council: 1. Introduce for First Reading, read by title only, Ordinance No. 404, an Ordinance of the City of Calimesa Amending Title 8 (Health & Safety) of the Calimesa Municipal Code by Adding Chapter 8.65 Shopping Carts and Laundry Carts Thereto and Finding that this Ordinance is Exempt from the California Environmental Quality Act Pursuant to CEQA Guidelines Section 15061(B)(3). 2. Introduce for First Reading, read by title only, Ordinance No. 405, an Ordinance of the City of Calimesa Adopting a New Chapter 9.70 Regarding the Prohibition Against Certain Conduct on Public Property Open to the Public and Finding that this Ordinance is Exempt from the California Environmental Quality Act Pursuant to CEQA Guidelines Section 15061(B)(3). BACKGROUND: Homelessness has had an adverse impact on California in general, and the Inland Empire region specifically. While there are many facets that go into the current situation, cities have been fighting an uphill battle to balance the rights of the unhoused with the health, safety and security of their residents and businesses. Cities have adopted various ordinances to address the safety and security aspect, and some of those have been challenged in court. The most famous case was Martin v. Boise (2018). In summary, the Ninth Circuit Court of Appeals ruled that cities cannot enforce anti-camping ordinances unless they can demonstrate that they have sufficient homeless shelter beds for their homeless population. Anti-camping ordinances were the primary means for law enforcement to force homeless individuals to abandon public areas or face arrest. Although strides have been made to address the deficiency in shelter beds, primarily driven by the Boise decision, the vast majority of cities do not have sufficient capacity and, therefore, could not enforce anti-camping ordinances. More recently, a ruling by the Supreme Court in City of Grants Pass v. Johnson (2024) effectively reversed the Boise decision. Following the ruling, Governor Gavin Newsom began calling on cities to begin dismantling homeless encampments. Many cities have, once again, begun either enforcing their anti-camping ordinances as they had before Boise, or adopting such ordinances if they did not have them previously. Page 28 of 41 The Sheriff Services Ad-Hoc Committee, consisting of Mayor Pro Tem Hewitt and Councilmember Manly, made recommendations for staff to prepare various ordinances for City Council consideration related to public safety. The City Council adopted an ordinance earlier this year to provide the Sheriff’s Department additional tools to combat catalytic converter theft. With the ruling from City of Grants Pass, they directed staff to prepare additional ordinances specifically related to homelessness. DISCUSSION: Staff has prepared two ordinances for the City Council’s consideration. The first is to address camping in public places, as the City does not currently have an ordinance regulating camping. The purpose of the ordinance is to maintain public and private property, including sidewalks, parks, waterways, among others, in a clean, sanitary, and accessible condition. It is also to protect the health, safety and welfare of the community. This is an essential tool for our law enforcement personnel to keep our streets and parks clear, and for business owners to remove those camping in front of their store. The second ordinance is related to shopping carts. Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. However, shopping carts from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. The proliferation of lost, stolen or abandoned shopping carts on public and private sidewalks, streets, parking lots and other areas interfere with pedestrian and vehicular traffic on public and private streets and impedes emergency services. This ordinance will provide another tool for our law enforcement personnel to help keep our streets safe and sanitary, and for us to deter theft from our retail establishments. In order to allow for the Sheriff’s Department to begin enforcement in these areas, staff recommends that the Council introduce for first reading both of the two ordinances as presented. If the ordinances are introduced by the City Council, they will be presented for second reading at the December 2, 2024 City Council meeting. FISCAL IMPACT: None. ATTACHMENTS: Attachment A: Ordinance No. 404 Attachment B: Ordinance No. 405 Page 29 of 41  Attachment 5A ORDINANCE NO. 404 AN ORDINANCE OF THE CITY OF CALIMESA AMENDING TITLE 8 (HEALTH & SAFETY) OF THE CALIMESA MUNICIPAL CODE BY ADDING CHAPTER 8.65 SHOPPING CARTS AND LAUNDRY CARTS THERETO, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) RECITALS A. The California Legislature has found that the retrieval by local government agencies of shopping carts specified in California Business and Professions Code § 22435.7 is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by § 22435.7. B. The California Business and Professions Code authorizes cities to enact regulations regulating shopping carts. C. Pursuant to state law, the Calimesa City Council desires to enact regulations regulating shopping carts and laundry carts. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CALIMESA ORDAINS AS FOLLOWS: Section 1. The Calimesa City Council hereby amends Title 8 (Health & Safety) of the Calimesa Municipal Code by adding Chapter 8.65 to read as follows: “Chapter 8.65 SHOPPING CARTS AND LAUNDRY CARTS Sections: 8.65.010 Declaration of public nuisance. 8.65.020 Definitions. 8.65.030 Use. 8.65.040 Possession. 8.65.050 Removal. 8.65.060 Abandonment. 8.65.070 Need to identify shopping and laundry carts. 8.65.080 Alteration. 8.65.090 City retrieval of shopping carts. 8.65.100 Removal and disposal of damaged carts. 8.65.110 Unlawful Acts. 8.65.120 Cart Containment Plan 8.65.010 Declaration of public nuisance. Many retail establishments provide shopping carts for the convenience of customers while shopping on the premises of such businesses. Likewise, dry cleaning establishments may provide laundry carts to its customers. However, shopping carts and laundry carts removed from the premises of such businesses and left abandoned on public or private property throughout the City constitute a public nuisance and a potential hazard to the health and safety of the public. 1 Page 30 of 41 The proliferation of lost, stolen or abandoned shopping carts on public and private sidewalks, streets, parking lots and other areas interfere with pedestrian and vehicular traffic on public and private streets and impedes emergency services. For the aforesaid reasons, the City Council hereby declares such lost, stolen or abandoned shopping carts to be a public nuisance which shall be subject to abatement in the manner set forth in this Chapter or in any other manner provided by law. 8.65.020 Definitions. Consistent with Business and Professions Code Section 22435, the following terms shall have the following meanings: “Carts”: both shopping carts and laundry carts. “Laundry cart”: a basket which is mounted on wheels and used in a coin-operated laundry or dry cleaning retail establishment by a customer or an attendant for the purpose of transporting fabrics and the supplies necessary to process them. “Parking area”: a parking lot or other property provided by a retailer for use by a customer for parking an automobile or other vehicle. “Shopping cart”: a basket which is mounted on wheels or a similar device generally used in a retail establishment by a customer for the purpose of transporting goods of any kind. 8.65.030 Use. No person shall use any shopping cart, laundry cart or other similar device for any purpose other than that intended by the owner of such cart or device. 8.65.040 Possession. No person shall have in his possession any shopping cart, laundry cart or other similar device which has been removed from the premises of any business establishment operated by the owner of such cart or similar device and which has permanently affixed to it a sign identifying it as belonging to the operator of a business establishment and a notification to the effect that such cart or device is not to be removed from the premises of such establishment. 8.65.050 Removal. No person shall remove any shopping cart, laundry cart or other similar device from the premises or parking area of any business establishment if such shopping cart, laundry cart or other similar device has permanently affixed to it a sign identifying it as belonging to the owner or operator of such business establishment and a notification to the effect that such cart or device is not to be removed from the premises. 8.65.060 Abandonment. No person shall abandon or leave any shopping cart, laundry cart or other similar device which has been removed from the owner’s premises upon any public street, alley, sidewalk, parkway or other public place, nor upon any private property except that of the owner of such cart or device. 2 Page 31 of 41 8.65.070 Identification of shopping and laundry carts. The operator of a commercial establishment which has available to the customers thereof shopping or laundry carts shall permanently affix to said carts a sign that provides the following: A. The name and address of the owner of the cart or the retailer which uses the cart in its business operations, or both; B. The procedure to be utilized for the authorized removal of the cart from the premises; C. Notification that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law. D. The telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer. 8.65.080 Alteration. No person shall alter, convert or tamper with any shopping cart, laundry cart, or other similar device or remove any part thereof. 8.65.090 City retrieval of shopping carts. A. If a shopping cart has a sign affixed to it in accordance with Business and Professions Code Section 22435.1, the city may retrieve and impound the shopping cart in accordance with the provisions of Business and Professions Code Section 22435.7. B. The city shall collect a fee in an amount established by resolution of the city council to cover the city’s retrieval and storage costs. C. In addition to the fee established by subsection B of this section, the city may collect an administrative fine of fifty dollars from the owner of the cart for each occurrence in excess of three during a specified six-month period for failure to retrieve carts sold for salvage or otherwise disposed of in accordance with this section. An occurrence includes all carts impounded in a one-day period. The fine shall be established by resolution of the city council and imposed in accordance with subsection B of this section. D. Exceptions. 1. Nothing in this section shall prevent the city from immediately retrieving any shopping cart from public or private property where the location of the shopping cart will impede emergency services. 2. Nothing in this section shall prevent the city from impounding any shopping cart without complying with the provisions of this section when the shopping cart is taken as evidence of a crime having been committed. 3. Nothing in this section shall prevent the city from immediately retrieving and disposing of any unattended shopping cart that does not have a sign affixed to it in accordance with Business and Professions Code Section 22435.1. 8.65.100 Removal and disposal of damaged carts. The City may determine that a cart is damaged or in such poor condition that it may be immediately disposed of based upon the City’s determination that the shopping cart is inoperable, unsafe or that the cost of repair exceeds the value of the shopping cart. In such case, the shopping cart or parts thereof may be destroyed or sold for salvage. The City shall give notice of this action to the owner, if the same can be determined. The owner shall not be liable for any cost for removal and abatement in such case. 3 Page 32 of 41 8.65.110 Unlawful Acts. A. Except as otherwise expressly provided in this Chapter, it shall be unlawful and a misdemeanor offense for any cart owner to provide or offer, or permit to be provided or offered, any shopping cart to a customer of the cart owner without a current and valid cart containment plan approved by the City as required by and in accordance with the provisions of this Chapter. B. It is unlawful and a misdemeanor to do any of the following acts, if a shopping cart has a permanently affixed cart identification sign: 1. To temporarily or permanently remove a shopping cart from the business premises or the parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed 24 hours. 2. To be in possession of a shopping cart that has been removed from the business premises or parking area of a business establishment without the express prior written approval of the cart owner or on-duty manager of the business establishment unless it is in the process of being immediately returned to the owner or business establishment. 3. To abandon or leave any shopping cart upon any public street, alley, sidewalk, parkway, or other public place nor upon any private property except that of the business premises of the cart owner. 4. To alter, convert, tamper with, or remove any part (including, but not limited to, cart identification sign or physical devices designed to lock or disable the wheels of a cart) from any shopping cart which has a permanently affixed cart identification sign. This Subsection B shall not apply to carts that are removed for the purposes of repair or maintenance that has been authorized by the cart owner. C. Failure to comply with any portion of this Chapter may subject the violator to any civil, criminal, or administrative remedies, as provided by law. The City may fine the owner of a shopping cart in an amount not to exceed $50 for each occurrence in excess of three during a specified six-month period for failure to retrieve shopping carts in accordance with this Chapter. An occurrence includes all shopping carts impounded in accordance with this section in a one- day period. 8.65.120 Cart Containment Plan. To prevent customers from removing carts from the business premises, each cart owner shall develop, implement, and comply with the provisions of a written cart containment plan approved by the City pursuant to written rules and procedures developed by the City. The cart containment plan shall be posted at or near the entrance of the business premises. The cart containment plan shall include the following elements and a detailed description of how they will be implemented: A. Physical Measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. This shall include one or more of the following: 4 Page 33 of 41  1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts. 2. Any other measure approved by the Director of Public Works as a means to contain carts on premises. B. Cart Identification Sign. Every cart owner shall ensure that every shopping cart has a sign permanently affixed to it that contains, at a minimum, the following information: 1. Identification of the owner of the cart or the retailer, or both; 2. Notification to the public of the procedure to be utilized for authorized removal of the cart from the premises; 3. Notification to the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of state law and the Calimesa Municipal Code; and 4. A valid telephone number or address for returning the cart removed from the premises or parking area to the owner or retailer. C. Cart Removal Warning Required. Every cart owner shall post and maintain cart removal warnings on the business premises, which meet all of the following minimum specifications: 1. Meet or exceed 18 inches in width and 24 feet in height. 2. Using block lettering not less than one-half inch in width and two inches in height, contain a statement to the effect that unauthorized removal of a shopping cart from the business premises, or possession of a shopping cart in a location other than on the business premises, is a violation of State law and City ordinance. 3. List a local or toll-free telephone number for cart retrieval. 4. Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet of all customer entrances and exits. 5. The sign regulations set forth in Chapter 18.50 shall not apply to cart removal warnings on the exterior of the building. ” Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council hereby finds that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance merely provides regulations of carts. Section 3. Signature, Publication and Certification. The Mayor shall sign, and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be posted and published in the manner required by law. 5 Page 34 of 41  INTRODUCED AND PASSED UPON FIRST READING by title only, upon the following vote, this 18th day of November. AYES: NOES: ABSENT: ABSTAIN: PASSED, APPROVED and ADOPTED upon the following vote this 2nd day of December 2024. AYES: NOES: ABSENT: ABSTAIN: ________________________________ WILLIAM DAVIS, MAYOR ATTEST: _______________________________________ DARLENE GERDES, CITY CLERK APPROVED AS TO FORM: ____________________________________________ QUINN M. BARROW, CITY ATTORNEY 6 Page 35 of 41  Attachment 5B ORDINANCE NO. 405 AN ORDINANCE OF THE CITY OF CALIMESA ADOPTING A NEW CHAPTER 9.70 REGARDING THE PROHIBITION AGAINST CERTAIN CONDUCT ON PUBLIC PROPERTY OPEN TO THE PUBLIC AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS: Section 1. A new Chapter 9.70 (Prohibition Against Certain Conduct on Public Property and Property Open to the Public), is hereby added to Title 9 (Public Peace, Morals and Welfare) of the Calimesa Municipal Code to read as follows: “CHAPTER 9.70 PROHIBITION AGAINST CERTAIN CONDUCT ON PUBLIC PROPERTY AND PROPERTY OPEN TO THE PUBLIC § 9.70.010. Purpose. The public areas within the city, including streets, sidewalks, parks, public building and public land, should be readily accessible and available to residents and the public at large for use in a safe and healthy manner. The use of these areas for overnight camping purposes and the use of those areas for the purposes of certain well defined types of loitering interferes with the ability of residents and the public at large to use the areas in the healthy and safe manner for the uses intended. Such camping and defined loitering activity and their attendant negative effects constitute a significant public health and safety hazard, which adversely impacts other members of the public and neighborhoods, as well as industrial, agricultural, and commercial areas. The city's streets, sidewalks, parking lots, parks and other public areas are intended for daytime use by the general public, not for storage of personal, stolen, or abandoned property, or for overnight occupancy. Detrimental impacts from illegal storage, dumping, or camping in these public areas which are not designed for such storage or human habitation include lack of proper water and sanitary facilities, safety hazards for visitors and the inhabitants of substandard temporary structures, presence of trash and debris, criminal activities including illegal drug use, and other conditions which are inconsistent with the intended use and enjoyment of these areas by the general public. Moreover, the proliferation of lost, abandoned, or stolen shopping carts and other personal property around the city results in the obstruction of free access to sidewalks, streets, parking lots, and other ways; interferes with pedestrian and vehicular traffic on public and private streets; and impedes emergency services. A purpose of this chapter is to maintain public and private lands, streets, sidewalks, alleys, ways, creeks, waterways, parks, playgrounds, recreation areas, plazas, open spaces, lots, parcels and other public and private areas within the city, in a clean, sanitary and accessible condition. A further purpose of this chapter is to protect the health, safety and welfare of the community, while recognizing that, subject to reasonable conditions, 1 Page 36 of 41 camping and camping facilities associated with certain events can be beneficial to the cultural and educational well-being of the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary uses of public or private property. § 9.70.020. Definitions. As used in this chapter, the following terms shall have the following meanings: "Business establishments" mean retail stores, food markets, theaters, restaurants, drive- in restaurants, gasoline service stations, bars, hotels, motels, or any other establishment which is open to and provides the public with any goods or services. "Camp" means to place, pitch or occupy camp facilities; to live temporarily in a camp facility or outdoors; to use camp paraphernalia. "Camp facilities" mean all temporary shelters, including, but not limited to, tents, huts, yurts, vehicles, vehicle camping outfits or temporary shelters. "Camp paraphernalia" means items including, but not limited to, bedrolls, air mattresses, tarpaulins, cots, beds, sleeping bags, hammocks and similar equipment. "Planning Director" means the planning director or designee. "Dwelling" means more than one of the following activities and when it reasonably appears, in light of all the circumstances, that a person is using a vehicle as a place of residence or accommodation: (1) Possessing inside or on a vehicle items that are not associated with ordinary vehicle use, such as a sleeping bag, tarps, bedroll, blanket, sheet, pillow, kitchen utensils, cookware, cooking equipment, containers of bodily fluids; or (2) obscuring some or all of the vehicle's windows; or preparing or cooking meals inside or on a vehicle; or sleeping inside a vehicle. "Establish" means to set up or move equipment, supplies or materials on to public or private property to camp or operate camp facilities. "Maintain" means to keep or permit equipment, supplies or materials to remain on public or private property in order to camp or operate camp facilities. "Operate" means to participate or assist in establishing or maintaining a camp or camp facility. "Private property" means all private property including, but not limited to, streets, sidewalks, alleys, and improved or unimproved land. "Public property" means any real or personal property owned or controlled by the city and includes, but is not limited to, any publicly owned park, building, street, sidewalk, way, path, alley, park, parking lot or other public property owned or controlled by the city and located within the city of Calimesa and such other publicly owned property for which the city is authorized by contract or permit to maintain. "Street" means all streets, avenues, highways, lanes, alleys, ways, crossings or intersections, co- routes and cul-de-sacs. § 9.70.030. Unlawful camping. It is unlawful and a public nuisance for any person to camp, establish, maintain, operate or occupy camping facilities, or use camp paraphernalia in the following areas: 2 Page 37 of 41 A. Any public property, improved or unimproved, including, but not limited to, public streets and sidewalks, open space, and other property or any private property, improved or unimproved. B. The prohibition set forth in this section does not apply to: 1. Mobile home parks and special occupancy parks operating in accordance with the Calimesa Municipal Code; 2. Camping on public or private property pursuant to a permit issued under Calimesa Municipal Code Section 9.70.040; and 3. Day use for lawful activities on public property pursuant to a permit issued under Calimesa Municipal Code Section 9.70.040. § 9.70.040. Camp permit regulations. A. The city manager may promulgate regulations to establish a program pursuant to which a permit may be issued to establish, maintain and operate a camp or a camp facility, for overnight or day use, in connection with a special event. A special event is intended to include, but is not limited to, programs operated by departments of the city, events organized by nonprofit or community-based organizations, organized youth or school events, and sporting events. The regulations shall be published on the city's website. Regulations promulgated by the city manager shall have the same force and effect of law and become effective upon date of publication. B. It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless a permit pursuant to this section has been issued. The permit shall be posted at all times in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located. § 9.70.050. Free passage shall not be hindered or obstructed. A. No person or persons shall stand, sit, linger, idle, or loiter on any street, alley, sidewalk, park or other public place, or in or about the entrance or exit of any business establishment or public building, either on foot or in an automobile or other vehicle, in such a manner as to obstruct or hinder the free passage of persons along such public way, or obstruct or hinder persons entering and exiting from any business establishment or public building, or in such a manner as to create a health or safety hazard for the community or for the patrons of such public place. B. No person in violation of this prohibition shall refuse or fail to disperse or move on when directed to do so by a police officer or city employee. § 9.70.060. Prohibited conduct on public property, monuments, and lawns. No person shall: A. Walk, stand, sit, or lie upon any monument, vase, decorative fountain, drinking fountain, bike rack, trash receptacle, median, fire hydrant, street-tree planter, berm, utility cabinet, railing, fence, planter, stairwell, parking lot or parking structure, or upon any other public property not designed or customarily used for such purposes; 3 Page 38 of 41 B. Walk, stand, sit, or lie upon any public lawn or planted area that is posted with signs that forbid such conduct; or C. Walk, stand, or lie upon any public bench. § 9.70.070. Public urination and defecation prohibited. No person shall urinate or defecate on private property in any area exposed to the public view, or on any public property, including public street, roadway, boulevard, alley, parking lot, sidewalk, or any other property owned, controlled and/or operated by the city, county or any public agency, except when using a urinal, toilet, or commode located in a bathroom, restroom, or other structure specifically designated for the purpose of urination and defecation. § 9.70.080. Prohibited conduct on private property. The city council finds and determines that encampments located on private property have at least the same health, safety, and welfare concerns as encampments on public property and find the same to constitute a public nuisance. The city manager is authorized to promulgate all regulations necessary to provide for city clean-up and removal of encampments located on private property and for the recovery of all costs and expenses associated therewith consistent with the provisions of the Calimesa Municipal Code and applicable law. The regulations shall be published on the city's website. Regulations promulgated by the city manager shall have the same force and effect of law and become effective upon date of publication. § 9.70.090. Food distribution at public parks and public property. A. Persons and groups who wish to routinely distribute free meals and other food to needy people in the city are encouraged to participate in programs which provide meals indoors in conjunction with other services intended to help needy people find housing and jobs. Information on how to participate in such programs may be obtained from the department of community services. B. Any person or group that serves or distributes food to the public in city parks or on public property shall comply with the following regulations: 1. All applicable State and Riverside County health and safety standards regulating food service and distribution, including, but not limited to, the requirements of obtaining and displaying a valid permit from the Riverside County Department of Environmental Services, or its successor agency, for distributing food at a location approved by the city; 2. All applicable requirements of the Calimesa Municipal Code regarding the issuance of a vending permit, temporary use permit, or special event permit; and 3. All applicable requirements of the Calimesa Municipal Code regarding protection of park facilities and foliage and clean-up of parks and public areas. C. No person shall distribute or serve food to the public on a public street or sidewalk without issuance of a city vending permit, temporary use permit, or event permit. However, no permit or license shall be required for a noncommercial food distribution 4 Page 39 of 41  that does not hinder or interfere with the free use of the sidewalk or street by pedestrian or vehicular traffic. § 9.70.100. Use of vehicles for dwelling restricted on city streets and public property. A. No person shall use a parked vehicle for dwelling as follows: 1. Between the hours of nine p.m. and six a.m. on any street or public property in the city; or 2. At any time within a five hundred foot radius of any edge of a parcel or group of parcels containing a park or public or private school for children in grades between kindergarten and twelfth grade or a licensed pre-school or daycare facility. B. Nothing herein precludes the enforcement of any other laws such as parking restrictions, including, but not limited to, prohibitions on overnight parking, storage of vehicles, littering, illegal discharge or dumping of materials, and parking for more than seventy-two hours. C. The city manager may, in writing, suspend the enforcement of all or a portion of this section in designated locations in connection with special events or holidays. D. The director of public works shall post signs at the entrances to the city describing such restrictions. § 9.70.110. Penalty—Enforcement. A. Misdemeanor. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or infraction as provided in Chapter 1.20 of Title 1 of the Calimesa Municipal Code. The violation may be charged as an infraction with the consent of the city attorney. B. Administrative Citations. Any person who violates any provision of this chapter shall be guilty of violating the Calimesa Municipal Code and may be issued an administrative citation and be subject to the applicable punishments pursuant to Chapter 1.30 of Title 1 of the Calimesa Municipal Code. C. Other Remedies. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including, but not limited to, the enforcement provisions of Title 1 or Chapter 8.05 of the Calimesa Municipal Code.” Section 2. Pursuant to the California Environmental Quality Act (“CEQA”) and CEQA Guidelines, the City Council hereby finds that this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the project is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. This Ordinance prohibits certain activities. Section 3. Effective Date; Publication. This ordinance shall take effect 30 days after its final passage, and within 15 days after its passage, the City Clerk shall cause this ordinance or a summary hereof to be published and/or posted as required by law and by the City's ordinances and resolutions. 5 Page 40 of 41  INTRODUCED AND PASSED UPON FIRST READING this 18th day of November 2024, by title only, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: PASSED, APPROVED AND ADOPTED this 2nd day of December 2024 upon the following vote: AYES: NOES: ABSENT: ABSTAIN: WILLIAM DAVIS, MAYOR ATTEST: ____________________________________________ DARLENE GERDES, CITY CLERK APPROVED AS TO FORM: ____________________________________________ QUINN M. BARROW, CITY ATTORNEY 6 Page 41 of 41