Muyni
← Back to Calimesa

City Council/Successor Agency to the RDA

Regular Meeting

Calimesa, CA · March 17, 2025

AgendaMinutes

Agenda

Regular Meeting of the Calimesa City Council Meeting Agenda Monday, March 17, 2025 – 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. Linda Molina, Mayor  Jeff Cervantez, Mayor Pro Tem Eric Cundieff, Council Member  Edgar Garcia, Council Member  John Manly, Council Member Will Kolbow, City Manager  Steven Flower, City Attorney 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 MOLINA, MAYOR PRO TEM CERVANTEZ, COUNCIL MEMBER CUNDIEFF, COUNCIL MEMBER GARCIA AND COUNCIL MEMBER MANLY. STAFF: CITY MANAGER KOLBOW, CITY ATTORNEY FLOWER, CITY CLERK GERDES, FINANCE DIRECTOR REID, INTERIM PUBLIC WORKS DIRECTOR SHAKIR, CITY ENGINEER THORNTON, FIRE CHIEF O’CONNELL AND SHERIFF CAPTAIN NORTHRUP. PLEDGE OF ALLEGIANCE PRESENTATIONS Aileen Flores - Southern California Edison PSPS and Wildfire Mitigation Plan update. 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, March 17, 2025 Page 1 of 3 Page 1 of 59 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 – 7) The following items on the Consent Calendar are routine and customary items and are enacted by a single motion, with the exception of items previously removed during “Approval of the Agenda” for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar. 1. APPROVAL OF CITY COUNCIL ACTION MINUTES. Page 4 a) There are no minutes ready for approval at this time. 2. RECEIVE AND FILE CITY COMMISSION & BOARD MINUTES. Page 5 a) Library Commission action minutes of February 4, 2025. b) Parks, Trails & Community Services action minutes of February 5, 2025. 3. APPROVAL OF WARRANT REGISTERS. Page 11 a) Check Register Report with a total of $764,877.76 (Check Nos.43228-43289) b) February 27, 2025 Payroll of $125,654.41 March 1, 2025 Council Payroll of $3,886.75 4. COUNCIL TRAVEL EXPENSES. Page 20 RECOMMENDATION: That the City Council move to approve the Council Travel Training and Meeting/Mileage Expenses Report through February 28, 2025. 5. TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2025. Page 24 RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended January 31, 2025. 6. SUMMERWIND TRAILS PLAN PHASE 1 PARK: RELEASE OF MAINTANENCE BOND. Page 27 RECOMMENDATION: That the City Council authorize the release of the park improvement maintenance bonds for Summerwind Trails Phase 1 Park. 7. APPROVAL OF ACCOUNTING SOFTWARE ERP PRO LICENSING, IMPLEMENTATION AND FINANCIAL CONSULTANT SERVICES.Page 28 RECOMMENDATION: That the City Council: 1. Authorize the City Manager to license ERP Pro accounting software and procure related professional services from Tyler Technologies and to execute a contract on behalf of the City for the same in an amount not to exceed $80,000 and in a form subject to the approval of the City Manager and City Attorney. 2. Consider procuring financial consultant services for a budgeted amount of $50,000 for the Fiscal Year 2025-26 budget process. CALIMESA CHAMBER OF COMMERCE REPORT Regular Meeting of the Calimesa City Council Monday, March 17, 2025 Page 2 of 3 Page 2 of 59 BUSINESS ITEMS 8 ANNEXATION OF CERTAIN PROPERTY TO CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) AS ANNEXATION NO. 5. Page 39 RECOMMENDATION: That the City Council adopt Resolution 2025-08, a Resolution annexing [Fifth Street Townhomes project] into City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) as Annexation Area No. 5. 9. ORDINANCE NO. 409 - AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA REPEALING SECTION 2.65.060 AND THE CAMPAIGN CONTRIBUTION LIMITS SET FORTH THEREIN. Page 54 RECOMMENDATION: That the City Council introduce by title only, Ordinance No. 409, an Ordinance of the City of Calimesa, California Repealing Section 2.65.060 and the Campaign Contribution Limits Set Forth Therein. 10. MOBILE HOME RENT STABILIZATION BOARD PROCESS. Page 58 RECOMMENDATION: That the City Council direct the issuance of a Request for Proposal seeking Mobile Home Rent Stabilization Hearing Officer services in place of the Mobile Home Rent Review Board processes and approve the elimination of the appeal process. 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. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6. City Negotiator: Will Kolbow, City Manager and Darlene Gerdes, Deputy City Manager/City Clerk/Human Resources. Represented Employees: Calimesa Professional Firefighters Association. ADJOURNMENT Adjourn to the Special Capital Budget Workshop of the City Council on Monday, March 24, 2025 at 3:00 p.m. Regular Meeting of the Calimesa City Council Monday, March 17, 2025 Page 3 of 3 Page 3 of 59 City Council Meeting Agenda Report Agenda Item No. 1 SUBJECT: APPROVAL OF CITY COUNCIL MEETING MINUTES MEETING DATE: March 17, 2025 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk There are no minutes ready for approval at this time. Page 4 of 59 City Council Meeting Agenda Report Agenda Item No. 2 SUBJECT: APPROVAL OF COMMISSION MEETING MINUTES MEETING DATE: March 17, 2025 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the action minutes as presented for the Library Commission regular meeting of February 4, 2025 and the Parks, Trails & Community Services Commission Regular meeting of February 5, 2025. ATTACHMENTS: Attachment A: Library Commission action minutes of February 4, 2025 Attachment B: Parks, Trails & Community Services action minutes of February 5, 2025 Page 5 of 59 Page 6 of 59 Page 7 of 59 Page 8 of 59 Page 9 of 59 Page 10 of 59 City Council Meeting Agenda Report Agenda Item No. 3 SUBJECT: APPROVAL OF WARRANT REGISTER MEETING DATE: March 17, 2025 PREPARED BY: Celeste Reid, Finance Director RECOMMENDATION: That the City Council approve the Warrant Register as presented. SUMMARY: The attached Check Register Report for City Council’s approval is as follows: a) Check Register Report with a total of $764,877.76 (Check Nos.43228-43289) b) February 27, 2025 Payroll of $125,654.41 March 1, 2025 Council Payroll of $3,886.75 Page 11 of 59 Page 12 of 59 Page 13 of 59 Page 14 of 59 Page 15 of 59 Page 16 of 59 Page 17 of 59 Page 18 of 59 Page 19 of 59 City Council Meeting Agenda Report Agenda Item No. 4 SUBJECT: COUNCIL TRAVEL, TRAINING AND MEETING/MILEAGE EXPENSES MEETING DATE: March 17, 2025 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council approve the Council Travel, Training and Meeting/Mileage Expenses Report through February 28, 2025. ATTACHMENTS: Attachment A: Council Travel, Training and Meeting/Mileage Expenses Report through February 28, 2025. Page 20 of 59 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 - ERIC CUNDIEFF TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 MEETING/MILEAGE 01-1100-7590 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT 11/20/20204Mayor/Council Academy - Cundieff $ 675.00 8-Jul Cal Cities Riverside Division Mtg $ 60.00 1/29-2/1 Conference Hotel 1-29-2-1-2025 $ 542.61 19-Sep Beaumont State of the City $ 75.00 10-Sep Calimesa Chamber Breakfast $ 30.00 9-Oct Banning SOTC $ 90.00 8-Oct Calimesa Chamber Breakfast $ 25.00 14-Nov LOCC Riverside Division $ 60.00 12/5/2024 Pass EDA City Manager Forum $ 25.00 1/13/2025 LOCC Riverside Division Mtg $ 60.00 1/29 -2/1 mileage costs $ 92.40 2/27/2025 Beaumont Chamber Installation $ 80.00 TOTAL TRAVEL/TRAINING $ 1,217.61 TOTAL MEETING/MILEAGE $ 597.40 REMAINING BALANCE $ 232.39 REMAINING BALANCE $ 2.60 Page 21 of 59 FISCAL YEAR 2024-25 ATTACHMENT 4A COUNCIL TRAVEL AND MEETING/MILEAGE EXPENSES BILL DAVIS - EDGAR GARCIA TRAVEL - MEETING/MILEAGE EXPENSES TRAVEL/TRAINING 01-1100-7585 MEETING/MILEAGE 01-1100-7590 DATE DESCRIPTION AMOUNT DATE DESCRIPTION AMOUNT 9-Dec Mayor/Council Academy - Garcia $ 675.00 1/29-2/1 Conference Meals $ 89.72 1/29-2/1 Conference Hotel $ 581.69 2/1/2025 Mileage Reimbursement $ 94.08 $500 transferred to new Mayor $ 500.00 TOTAL TRAVEL/TRAINING $ 1,256.69 TOTAL MEETING/MILEAGE $ 183.80 REMAINING BALANCE $ 193.31 REMAINING BALANCE $ 416.20 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 16-Dec Mayor/Council Academy (January) $ 675.00 14-Nov LOCC Riverside Division $ 60.00 1/23/2025 Hotel Sacramento LOCC Meeting $ 401.97 5-Dec Pass EDA City Manager Forum $ 25.00 1/29/-1/31 Hotel Garden Grove Conference $ 443.02 23-Jan gas to Sacramento Meeting $ 115.00 1.29-1/31 Mileage to Garden Grove Conf. $ 99.40 27-Feb Beaumont Chamber Installation $ 80.00 Deposit from Mayor Molina $400 Molina Mayor $500 transferred from Davis TOTAL TRAVEL/TRAINING $ 2,253.38 TOTAL MEETING/MILEAGE $ 694.40 REMAINING BALANCE $ 1.62 REMAINING BALANCE $ 0.60 Page 22 of 59 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 23 of 59 City Council Meeting Agenda Report Agenda Item No. 5 SUBJECT: TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31,2025 MEETING DATE: March 17, 2025 PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council receive and file the Investment Report for the month ended January 31, 2025. BACKGROUND: Pursuant to Council Resolution No. 2024-60 approved on November 4, 2024, the monthly Treasurer’s Report is hereby submitted. The report complies with the aforementioned Council resolution, as well as Government Code Section 53646. DISCUSSION: The investment report provides information in accordance with the Investment Policy approved by Council Resolution No. 2024-60. Information includes the reporting of realized and unrealized gain and loss activity for the respective month of reporting. Generally, unrealized gains and losses are the day-to-day increases or decreases in an assets value. Until an investment is sold for cash, the gains or losses remain unrealized. Realized gains and losses reflect the results of selling of investments and are the difference between the cost basis and the market value as of the transaction date of sale. The City will continually have reportable changes of unrealized gain and loss activity between cost basis and market value as underlying investments are subject to the variability of market conditions. Staff evaluates investment options on an ongoing basis to ensure reasonable access to funds and reserves are set aside to maintain availability of cash position for general operations and capital assets. Significant transactions during the month include transfers of $500,000 on January 23, 2025, from the LAIF Investment account to the General Fund account, and interest and dividend earnings of $313,204 from LAIF, and $8,504 from CFD and Successor Agency funds. FISCAL IMPACT: Revenue of $321,708 of interest and dividend earnings was recognized for the CFD and Successor Agency funds. ATTACHMENTS: Attachment A: Treasurer’s Report for the month ended January 31, 2025. Page 24 of 59 Page 25 of 59 Page 26 of 59 City Council Meeting Agenda Report Agenda Item No. 6 SUBJECT: SUMMERWIND TRAILS PLAN PHASE 1 PARK: RELEASE OF MAINTANENCE BOND MEETING DATE: March 17, 2025 PREPARED BY: Will Kolbow, City Manager Michael Thornton, City Engineer RECOMMENDATION: Staff recommends that City Council authorize the release of the park improvement maintenance bonds for Summerwind Trails Phase 1 Park. BACKGROUND: On December 20, 2021, City Council approved and executed a Project Improvement Agreement between the City and Developer for the Summerwind Trails Phase 1 Park Improvements. The Bond amounts are summarized below: • Faithful Performance in the amount of $2,303,000.00 (Bond No. 1087128) • Payment (Labor and Materials) in the amount of $1,151,500.00 (Bond No. 1087128) On November 6, 2023, City Council accepted the Summerwind Trails Phase 1 park improvements that were completed by the developer and authorized staff to release the payment bond and reduce the faithful performance bond to $230,300.00 (10% of the total amount) to be retained as the warranty bond for a period of 1 year. The City Engineer hereby notifies the City Council that the Developer’s 1-year warranty period has elapsed and recommends that Council authorizes the release of the Warranty Bonds. Page 27 of 59 City Council Meeting Agenda Report Agenda Item No. 7 SUBJECT: APPROVAL OF ACCOUNTING SOFTWARE ERP PRO LICENSING, IMPLEMENTATION AND FINANCIAL CONSULTANT SERVICES MEETING DATE: March 17, 2025 PREPARED BY: Celeste Reid, Finance Director and Treasurer RECOMMENDATION: That the City Council: 1. Authorize the City Manager to license ERP Pro accounting software and procure related professional services from Tyler Technologies and to execute a contract on behalf of the City for the same in an amount not to exceed $80,000 and in a form subject to the approval of the City Manager and City Attorney. 2. Consider procuring financial consultant services for a budgeted amount of $50,000 for the Fiscal Year 2025-26 budget process. BACKGROUND: The City of Calimesa acquired its current accounting software system, Fundbalance in the early 2000s. After more than two decades, the City’s functional and reporting needs exceed the capacity of Fundbalance. Accordingly, City staff requested, and City Council approved in the Fiscal Year 2024-25 budget to acquire and phase in new updated accounting software with an estimated cost of $80,000 for implementation and first year licensing. The implementation after software selection was anticipated to be July 1, 2027. Tyler Technologies submitted a letter on January 13, 2025 indicating the Fundbalance software will be retired and no longer updated after December 31, 2026. Given this development, the City needs to accelerate its accounting software update to July 1, 2026. DISCUSSION: Modern enterprise software – such as the City’s accounting software – is delivered to end users as a cloud service license (“Software as a Service” or “SaaS”) by a vendor who also provides professional services for integrated implementation and ongoing support. Professional services are not subject to formal bidding under CMC Section 3.15.120. Software compatibility and the availability of necessary professional services can also qualify SaaS for sole source procurement under CMC Section 3.15.140. City Staff has evaluated several accounting software options and recommends procuring a licensing agreement with Tyler Technologies for ERP Pro. ERP Pro software is designed for the public sector accounting operations, tracks project costs, and budget forecasting, and Tyler Technologies is Page 28 of 59 uniquely positioned to provide support and data migration services because it currently manages the City’s Fundbalance software that is being replaced. This, combined with the short time frame available for implementation and selection of new accounting software, justify forgoing formal bidding and proceeding under CMC Sections 3.15.120 and 3.15.140. Proposed costs based on the quote received from Tyler Technologies are as follows: Annual Licensing Software Costs - $23,608 Implementation Services - $56,260 Total $79,868 Budgeted Amount in FY2024-25 $80,000 The annual licensing cost of $23,608 is ongoing while implementation services of $56,260 are a one-time expenditure. Tyler Technologies’ standard SaaS terms of services are available on-line and a copy is attached to this report. If the City Council authorizes the City Manager to procure ERP Pro software and related professional services, the final form of contract would be subject to the approval of the City Manager and City Attorney. Staff also respectfully recommend that the City Council consider the engagement of a financial consultant to aid and ensure a smooth and accurate transition to the new accounting software system. This would be a one-time expenditure specific to this project and implementation. Given the Finance Department staffing of three team members, a financial consultant will primarily provide time and opportunity to properly develop the software platform to meet Calimesa’s needs, run parallel operations and train other staff members in how to use the new program. With the timing of implementation of July 1, 2026, and the immediate time frame proceeding this date, which is the winter and spring budget process, staff does not have reasonable capacity to implement new software, train other staff members and conduct the annual budget process. To have a delay in software implementation will create a fiscal year that has data and transactions in two software platforms, which is not a desired reasonable approach to financial reporting. Financial consultant services are estimated to be $50,000. If so directed by the City Council, staff will present a financial consultant professional services contract later this Spring 2025. FISCAL IMPACT: There are sufficient appropriations of $80,000 budgeted in Fiscal Year 2024-25 to enter into an agreement to license the Tyler Technologies ERP Pro software and implementation services estimated to cost $79,878. Financial consultant services estimated at $50,000 will be proposed with the FY2025-26 budget process. ATTACHMENTS: Attachment A : Letter from Tyler Technologies – Fundbalance Software Retirement effective December 31, 2026. Attachment B : Tyler Saas Service Terms – available at https://www.tylertech.com/terms/tyler- saas-services. Page 29 of 59 Attachment 7A Page 30 of 59 Attachment 7B Page 31 of 59 Page 32 of 59 Page 33 of 59 Page 34 of 59 Page 35 of 59 Page 36 of 59 Page 37 of 59 Page 38 of 59 City Council Meeting Agenda Report Agenda Item No. 8 SUBJECT: ANNEXATION OF CERTAIN PROPERTY TO CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) AS ANNEXATION NO. 5 MEETING DATE: March 17, 2025 PREPARED BY: Will Kolbow, City Manager Celeste Reid, Finance Director RECOMMENDATION: That the City Council adopt Resolution 2025-08, a Resolution annexing [Fifth Street Townhomes project] into City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) as Annexation Area No. 5. BACKGROUND: Community Facilities Districts are a form of financing that can be used by cities, counties, school district, and special districts. CFDs raise money through special taxes that must be approved by 2/3 of the voters within the CFD. Most often, CFDs are formed by the landowner prior to subdivision. A CFD can be formed to finance a wide list of improvements, which include roads, water facilities, sewers and schools. They are also used to finance ongoing maintenance services such as landscaping, streets, lighting and drainage facilities. The taxes are secured by a continuing lien and are levied against property within the district on an annual basis. The revenue stream is used to pay debt service on bonds to finance facilities and to pay for services on a pay as you go basis by the annual special tax for services. DISCUSSION: This report requests the City Council, acting as the legislative body of the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD No. 1”), adopt a resolution for previously designated “Future Annexation Area” of CFD No. 1 to be added as property to CFD No. 1, which CFD No. 1 was formed for the purpose of funding law enforcement, fire, paramedic, and park maintenance services (“CFD No. 1 Services”). On October 2, 2023, the City Council, acting as the legislative body of CFD No. 1, adopted Resolution No. 2023-58 designating the remaining developable parcels within the City as “Future Annexation Area” for CFD No. 1, as part of the Annexation No. 4 process (attachment ?). This allowed for a streamlined annexation process for property owners within the City when they are ready to annex. Instead of a resolution of intention at one meeting and a public hearing and an election at a second meeting to annex to CFD No. 1, the landowner signs an unanimous approval and consent to be annexed into CFD No. 1 and a resolution is adopted at a single meeting. Page 39 of 59 The owner of the [Fifth Street Townhomes project] (the “Project”) is now ready to annex its property (the “Property”) into CFD No. 1 for the purpose of funding the CFD No. 1 Services in satisfaction of Conditions of Approval #2.38. The Property is slated for approximately 120 residential units (attached townhome units). An Unanimous Approval and Consent from the owner for the Project has been received and filed pursuant to the streamlined process. The Rate and Method of Apportionment for CFD No. 1 will not be modified due to Annexation Area No. 5. The existing maximum special tax rates for CFD No. 1 Services will remain unchanged with its annual escalator, with Annexation Area No. 5 falling in the Multi-Family Land Use Category at a fiscal year 2024-25 maximum special tax rate of $555.82 per unit. The RMA and information regarding CFD No. 1 has been provided to the owner. It is anticipated that this annexation will be certified by resolution at this Council meeting. Staff is recommending the City Council adopt Resolution No. 2025-08 Annexing Annexation Area No. 5 into CFD No. 1 and authorizing the levy of a special tax within said Annexation Area No. 5. FISCAL IMPACT: None. Funds to be used for this annexation process were provided by developer deposit. ATTACHMENTS: Attachment A: Unanimous Approval and Consent. Attachment B: Resolution No. 2025-08 to Annex to CFD No. 1. Attachment C: Annexation Map No. 5 of Public Services CFD No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) – Annexation Area No. 5 Page 40 of 59 Attachment 8A TO: CITY COUNCIL OF THE CITY OF CALIMESA FROM: __________________________________, A_____________________ UNANIMOUS APPROVAL AND CONSENT TO ANNEXATION TO CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITY DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES) AND ACKNOWLEDGMENT OF LIEN ANNEXATION NO. 5 The undersigned landowner does hereby certify under penalty of perjury that the following statements are all true and correct: 1. As of the date hereof, ______________________, a ______________________ (the “Property Owner”), is the owner of certain property located in the City of Calimesa (the “City”) described on Exhibit “A” attached hereto (the “Property”). 2. The undersigned is/are duly authorized to represent the Property Owner and possess/es all authority necessary to execute this Unanimous Approval and Consent to Annexation. 3. The Property Owner is the present sole owner and holder of title to the Property consisting of ______ acres which Property was designated as future annexation area to the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”) formed under the provisions of the “Mello-Roos Community Facilities Act of 1982” (the “Act”), being Chapter 2.5 of Part 1 of Division 2 of title 5 (commencing with Section 53311) of the California Government Code. 4. The undersigned hereby certifies that there are no registered voters residing within the Property. 5. On August 21, 2023, the legislative body of the CFD adopted Resolution No. 2023- 49 declaring its intent to provide for the future annexation of the Property. The CFD adopted a report which described the Property and specified the type of facilities to be provided (the “CFD Report”). 6. On October 2, 2023, the legislative body of the CFD conducted a consolidated, noticed public hearing pursuant to Sections 53339.5 and 53349 of the Act, in which all persons desiring to be heard on all matters pertaining to the designation of the Property for future annexation, the levy of the special tax, and all other matters as set forth in Resolution No. 2023- 49, were heard and a full and fair hearing was held. Page 41 of 59 7. At the conclusion of the hearing and pursuant to Section 53339.7 of the Act, the legislative body of the CFD adopted Resolution No 2023-58 and determined to provide for the annexation of the Property upon the unanimous approval of the owners of each parcel of the Property. The maximum special tax rate and the services are as specified in a CFD Report and the revised rate and method of apportionment prepared by Koppel & Gruber Public Finance on file with the CFD which have been provided to the undersigned. 8. The Property Owner and the appropriate officers of thereof have received necessary and relevant information regarding the annexation of the Property to the CFD and the imposition of the special tax from the City and the City has made available to the Property Owner sufficient opportunity to obtain such information. The Property Owner has had adequate opportunity to review such materials and consult with its own counsel and advisors, if the Property Owner so chose. The Property Owner understands that the City, its staff, council members, attorneys, consultants and advisors do not represent the Property Owner in the annexation of the Property to the CFD and have no duty to advise the Property Owner. Moreover, the Property Owner has read and understands the rate and method of apportionment and its maximum special tax rates. 9. The Property Owner hereby understands and hereby unanimously approves and consents to the annexation of the Property to the CFD, which annexation shall now be referred to as “Annexation No. 5 of the CFD.” The Property Owner hereby acknowledges that the map entitled “Boundary of City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services), Annexation No. 5, County of Riverside, State of California” which will be recorded with the County Recorder for the County of Riverside now designates the boundaries of the Property as part of “Annexation No. 5.” 10. This Unanimous Approval constitutes the unanimous approval of the Property Owner in favor of the annexation of the Property to the CFD, and the levy of the Special Tax within the meaning of Sections 53329.6, 53339.2 and 53339.3 of the Act. Pursuant to Section 53329.6 of the Act, this Unanimous Approval constitutes the vote of the qualified elector in favor of the matters addressed in this Section 10 for purposes of the California Constitution, including but not limited to Articles XIII A and XIII C. 11. The Property Owner hereby acknowledges that no further hearings or procedures are necessary in light of the fact that the undersigned has received sufficient information regarding the imposition of the Special Tax to allow it to properly complete this Unanimous Approval. The Property Owner further waives its right to make any protest or complaint or undertake any legal action challenging the validity of this Unanimous Approval and any proceedings taken in connection therewith or the levy of the Special Tax. 12. The Property Owner hereby acknowledges that upon the recording of an amended notice of special tax lien pursuant to Streets and Highways Code Sections 3114.5 and 3117.5, a continuing lien to secure each levy of the special tax will attach to all nonexempt real property within the Property, and the lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until the collection of the special tax by the legislative body ceases. Page 42 of 59 13. The Property Owner hereby waives any and all requirements with respect to the approval of the matters set forth in this Unanimous Approval, including without limitation the preparation of an impartial analysis, arguments, or rebuttals concerning elections as provided for by Sections 9160 to 9167, inclusive, and Section 9190 of the Elections Code, and preparation of a tax rate statement as provided in Section 9401 of the Elections Code and any further notices of such approvals as may be required pursuant to the Elections Code or the Government Code. Having been fully advised with respect to the approval process set forth herein, the Owner waives compliance with any and all provisions of the Elections Code and Government Code, and with any other time limits or requirements pertaining to this Unanimous Approval. 14. The Property Owner hereby authorizes the CFD to execute and cause to be recorded in the Office of the County Recorder of the County of Riverside a Notice of Special Tax Lien in accordance with Streets and Highways Code section 3117.5, which shall give notice that a lien to secure payment of the Special Tax is imposed by the CFD. The Property Owner further represents that there is no currently pending transfer of the Property, or anticipated transfer of the Property, that will affect the ability to record a Notice of Special Tax Lien or complete any other procedural steps described in this Unanimous Approval. 15. The Property Owner hereby agrees to comply with Section 53341.5 of the Government Code with respect to disclosures about the Special Tax to prospective purchasers of the Property or any part of it. 16. The Property Owner hereby represents that (i) the signature page of this Unanimous Approval identifies all persons and entities holding title to the Property, and (ii) no consent or approval of any third party is required for the Property Owner’s execution of this Unanimous Approval except for any such consent or approval that the Property Owner has already obtained. 17. This Unanimous Approval shall be effective upon its execution and delivery. Page 43 of 59 IN WITNESS WHEREOF, I hereunto set my hand this ___ day of February, 2025. PROPERTY OWNER: __________________________________, A __________________________ By:_______________________________ Title:_____________________________ TAX PAYER ID: _______________________ ADDRESS: __________________________ __________________________ TELEPHONE: ________________ EMAIL: _______________ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF CALIMESA THIS ______ DAY OF __________________, 2025. _________________________________ City Clerk Page 44 of 59 EXHIBIT A All that certain real property in the City of Calimesa, County of Riverside, State of California, described below: Public Services Community Facilities District No. 1 Annexation No. 5 Assessor's Parcel No(s). Page 45 of 59 Attachment 8B 2/10/25 RESOLUTION NO. 2025-08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES), ANNEXING ANNEXATION AREA NO. 5 TO SAID DISTRICT AND AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN SAID ANNEXATION AREA NO. 5 WHEREAS, the City Council (the “City Council”) of the City of Calimesa California (the “City”), has heretofore formed the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, on August 21, 2023, the City Council, acting as the legislative body of the CFD adopted Resolution No. 2023-49 stating its intention to designate certain property as future annexation area (“Future Annexation Area”) for the CFD pursuant to the Act, which Future Annexation Area will be annexed into the CFD only upon the unanimous approval of the owner or owners of each parcel or parcels at the time that the parcel or parcels are annexed; and WHEREAS, the Future Annexation Area was designated as such on the map entitled “Boundary Map of City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation No. 4 and Future Annexation Area, City of Calimesa, County of Riverside, State of California” on file with the City Clerk and recorded with the County Recorder of the County of Riverside; and WHEREAS, notice was published as required by law relative to the intention of the City Council to designate the Future Annexation Area; and WHEREAS, on October 2, 2023, this City Council held a duly noticed public hearing as required by law relative to the designation of the Future Annexation Area; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the designation of the Future Annexation Area were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to said hearing adopted Resolution No. 2023-58 approving the designation of the Future Annexation Area; and WHEREAS, the unanimous consent to annex to the CFD of the owner of certain property within the designated Future Annexation Area to be identified as “City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation Area No. 5 (“Annexation Area No. 5”), has been received and is on file with the City Clerk; and 296781238.1 Page 46 of 59 WHEREAS, the boundaries of the territory included in Annexation Area No. 5 is more particularly described and shown on that certain map entitled “Boundary Map of City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Annexation Area No. 5, City of Calimesa, County of Riverside, State of California,” (the “Annexation Map”), which Annexation Map has been submitted to the City Council; and WHEREAS, due to Annexation Area No. 5, in accordance with the Act, the CFD intends to add Annexation Area No. 5 to the CFD, at the rates as described in the amended rate and method of apportionment set forth in Exhibit “A” attached hereto and incorporated by reference (the “Special Tax Formula”), prepared by Koppel & Gruber Public Finance presented to the City Council at this meeting and on file with the City Clerk; and WHEREAS, the City Council is authorized to certify to the annexation of Annexation Area No. 5 and to levy the authorized special tax upon such Annexation Area No 5; and WHEREAS, this City Council, by the adoption of Ordinance No. 385 (the “Ordinance”), as authorized by Section 53340 of the Act, has authorized the levy of such special taxes within the CFD and any annexations to the CFD, including Annexation Area No. 5; NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CALIMESA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND PARK MAINTENANCE SERVICES), AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. In accordance with the Act, Annexation Area No. 5 is hereby annexed into the CFD. It is hereby certified that Annexation Area No. 5 is a part of the CFD and shall be subject to the levy of special taxes of the CFD. Hereafter all references to the CFD shall include Annexation Area No. 5. Section 3. A special tax (the “Special Tax”) shall be levied within the boundaries of Annexation Area No. 5 pursuant to the Special Tax Formula, in an amount necessary to finance all or a portion of the cost of providing certain public services and maintenance that are in addition to those provided in the territory within Annexation Area No. 5 prior to the annexation to the CFD, periodic costs, and costs of the tax levy and collection. Section 4. On the original and one copy the Annexation Map on file in the City Clerk's office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in their office. A copy of the Annexation Map shall be filed with the County Recorder of the County of Riverside no later than fifteen (15) days after the date of this Resolution. The Annexation Map shall constitute the boundaries of Annexation Area No. 5 and shall govern for all details as to the extent of Annexation Area No. 5. Section 5. An amended notice of special tax lien shall be recorded with the County Recorder of the County of Riverside no later than fifteen (15) days after the date of the adoption Page 47 of 59 of this Resolution. A continuing lien to secure each levy of the special tax will attach to all nonexempt real property within Annexation Area No. 5, and the lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until the collection of the special tax by the legislative body ceases. Section 6. This resolution shall constitute a Resolution of Annexation within the meaning of the Ordinance and Annexation Area No. 5 shall be subject to the terms of the Ordinance. Section 7. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby continues the accountability measures pertaining to the levy by the CFD of the Special Tax within Annexation Area No. 5. Section 8. The proposed form of Deposit Agreement (the “Deposit Agreement”), by and between each owner and the CFD, in substantially the form presented at this meeting, is hereby approved. The City Manager, or his authorized designee, and the City Clerk are hereby authorized and directed, on the CFD’s behalf, to execute, attest and deliver the Deposit Agreement, in substantially said form, with such additions thereto or changes therein as recommended or approved by the City Manager, the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Deposit Agreements by the CFD. Section 9. The City Manager or designee may take all actions necessary or convenient to carry out the purposes of this resolution. Section 10. The Office of the City Manager, 908 Park Avenue, Calimesa, California 92320, (909) 795-9801, or its designee, is designated to be responsible for preparing annually a current roll of special tax levy obligations by assessor’s parcel number and for estimating future special tax levies pursuant to Section 53340.1 of the Government Code. Section 11. This resolution shall become effective upon its passage and adoption. Page 48 of 59 PASSED, APPROVED AND ADOPTED this 17th day of March, 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Linda Molina, Mayor ATTEST: Darlene Gerdes, City Clerk APPROVED AS TO FORM: Steven Flower, City Attorney 296781238.1 Page 49 of 59 Attachment 8C RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Calimesa 908 Park Avenue Calimesa, California 92320 Attention: Will Kolbow ______________________________________________________________________________ AMENDMENT NO. 5 TO NOTICE OF SPECIAL TAX LIEN CITY OF CALIMESA PUBLIC SERVICES COMMUNITY FACILITIES DISTRICT NO. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) Reference is hereby made to the Notice of Special Tax Lien (the “Original Notice of Special Tax Lien”) with respect to the City of Calimesa Public Services Community Facilities District No. 1 (Law Enforcement, Fire, Paramedic and Park Maintenance Services) (the “District), recorded on October 2, 2006, as Document No. 2006-0727579, in the office of the County Recorder for the County of Riverside, California, which contains a list of the then existing owners and assessor tax parcel numbers of the original boundaries of the District. Reference is hereby made to the Amendment No. 1 to Notice of Special Tax Lien with respect to the District recorded on March 29, 2007, as Document No. 2007-0212949, in the office of the County Recorder for the County of Riverside, California, which contains a list of the then existing owners and assessor tax parcel numbers of Annexation Area No. 1 to the District. Reference is hereby made to the Corrected Amendment No. 2 to Notice of Special Tax Lien with respect to the District recorded on August 2, 2018, as Document No. 2018-0311034, in the office of the County Recorder for the County of Riverside, California, which contains a list of the then existing owners and assessor tax parcel numbers of Annexation Area No. 2 to the District. Reference is hereby made to the Amendment No. 3 to Notice of Special Tax Lien (the “Amendment No. 3 Notice”) with respect to the District recorded on November 18, 2022, as Document No. 2022-0474870 in the office of the County Recorder for the County of Riverside, California, which contains a list of the then existing owners and assessor tax parcel numbers of Annexation Area No. 3 to the District. Reference is hereby made to the Amendment No. 4 to Notice of Special Tax Lien with respect to the District recorded on November 7, 2023, as Document No. 2023-0335501 in the office of the County Recorder for the County of Riverside, California, which contains a list of the then existing owners and assessor tax parcel numbers of Annexation Area No. 4 to the District. Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code and Section 53328.3 of the Government Code, the undersigned clerk of the legislative body of the City of Calimesa (the “City”), State of California, hereby gives notice that a lien to secure payment of special taxes is hereby imposed by the City Council of the City, acting as the legislative body of the District. The special taxes secured by this lien are authorized to be levied for the purpose of Page 50 of 59 financing a portion of the cost of providing law enforcement, fire, paramedic and park maintenance services. The special taxes are authorized to be levied within Annexation Area No. 5 (the “Annexation Area No. 5”) of the District, which has now been officially annexed to the District, and the lien of the special taxes are a continuing lien which shall secure each annual levy of the special taxes and which shall continue in force and effect until the special taxes cease to be levied and a notice of cessation of special taxes is recorded in accordance with Section 53330.5 of the Government Code. The rate, method of apportionment, and manner of collection of authorized special tax for the Annexation Area No. 5 is as set forth as Exhibit “A” to the Amendment No. 3 Notice, and incorporated herein by reference and hereby made a part hereof. The obligation to pay the special tax may not be prepaid and permanently satisfied and the lien of the special taxes may not be canceled. Notice is further given that upon the recording of this notice in the office of the County Recorder, the obligation to pay the special tax levies shall become a lien upon all real property within the Annexation Area No. 5 not exempt from the special tax in accordance with Section 3115.5 of the Streets and Highways Code. The name of the owner(s) and the assessor’s tax parcel number(s) of the real property included within the Annexation Area No. 5 are as set forth in Exhibit “A” attached hereto. Reference is hereby made to the original boundary map of the District recorded at Book 67 of Maps of Assessment and Community Facilities Districts at Page 48, in the office of the County Recorder for the County of Riverside, California. Reference is also made to the boundary map of Annexation Area No. 1 recorded at Book 70 of Maps of Assessment and Community Facilities Districts at Page 9, in the office of the County Recorder for the County of Riverside, California. Reference is also made to the boundary map of Annexation Area No. 2 recorded at Book 82 of Maps of Assessment and Community Facilities Districts at Pages 59-60, in the office of the County Recorder for the County of Riverside, California. Reference is also made to the boundary map of Annexation Area No. 3 recorded at Book 89 of Maps of Assessment and Community Facilities Districts at Page 82, in the office of the County Recorder for the County of Riverside, California. Reference is made to the boundary map of Annexation Area No. 4 recorded at Book 91, of Maps of Assessment and Community Facilities Districts at Pages 71-72, in the office of the County Recorder for the County of Riverside, California. Reference is made to the boundary map of Annexation Area No. 5 recorded at Book ___, of Maps of Assessment and Community Facilities Districts at Page __, in the office of the County Recorder for the County of Riverside, California, which map, along with the original boundary map, and the maps of Annexation Area No. 1, Annexation Area No. 2, Annexation No. 3 and Annexation No. 4 of the District, is now the final boundary map of the District. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the 296781092.1 2 Page 51 of 59 City Manager of the City of Calimesa, 908 Park Avenue, Calimesa, California 92320, (909) 795- 9801. The County Recorder shall endorse upon the notice the time and date of filing, and shall cross index the notice by reference to the page of the book of maps of assessment and community facilities districts in which the boundary maps of the District were filed. Dated: ___________________________ ____________________________________ CITY CLERK OF THE CITY OF CALIMESA 296781092.1 3 Page 52 of 59 EXHIBIT A PROPERTY OWNER NAME AND ASSESSOR’S TAX PARCEL NUMBER APN Property Owner Name(s) A-1 Page 53 of 59 City Council Meeting Agenda Report Agenda Item No. 9 SUBJECT: ORDINANCE NO. 409 - AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA REPEALING SECTION 2.65.060 AND THE CAMPAIGN CONTRIBUTION LIMITS SET FORTH THEREIN MEETING DATE: March 17, 2025 PREPARED BY: Will Kolbow, City Manager Steven Flower, City Attorney RECOMMENDATION: That the City Council introduce by title only, Ordinance No. 409, an Ordinance of the City of Calimesa, California Repealing Section 2.65.060 and the Campaign Contribution Limits Set Forth Therein. BACKGROUND: On September 29, 2022, the Governor signed into law Senate Bill No. 1439 (SB 1439) amending the Political Reform Act of 1974 and imposing on local elected officials’ new conflict of interest rules that had previously applied only to local appointed officials. In order to avoid potential inadvertent conflicts of interest and subsequent recusal requirements, staff recommended, and the City Council approved, establishing a campaign contribution limit of $250. This added Section 2.65.060 to the Calimesa Municipal Code, and read as follows: 2.65.060 - Campaign contribution limits. No person shall contribute a total of more than $250 to any candidate for elected City office and to their controlled committee for a single election. No candidate for elected City office and their controlled committee shall accept any contribution or contributions totaling more than $250 from any person for a single election. Nothing in this section is intended to limit the amount a candidate may contribute to his or her own campaign for elected City office from the candidate's own personal funds. DISCUSSION: The first election that the City’s new campaign limits were applicable was the November 5, 2024 election. All candidates struggled to raise sufficient funds to advocate for their candidacy and indicated that the City’s limit was a major contributing factor. This was an unintended consequence of the limitation, as the intention was to alleviate the need for councilmembers to track whether or not they would need to recuse themselves due to contributions that exceeded the limit imposed by SB 1439. Another unintended consequence is that the City’s limitation could make it harder for new candidates to get their name out to the public, as they do not have the same advantages that incumbents do with name recognition. Page 54 of 59 SB 1439 caused significant upheaval in California politics and curtailed the flow of campaign contributions to local officials, even where potential donors did not have business currently pending before local boards or agencies. In an effort to ameliorate some of these impacts, the California Legislature recently passed, and Governor Newsom signed, two bills amending the law: SB 1243 authored by Senator Bill Dodd, and SB 1181 authored by SB 1439’s original author, Senator Steve Glazer. SB 1243 and SB 1181 make four significant changes to the Political Reform Act of 1974 (Government Code Section 84308): • Raises the threshold of a potentially disqualifying campaign contribution from $250 to $500 or more within the twelve (12) months before an item is “pending” before the elected official. • Extends the period of time that a potentially disqualifying campaign contribution can be “cured” through the return of the contribution from 14 to 30 days. • Exempts City Attorneys and County Counsels from the law, where the attorney is not the final decisionmaker. • Clarifies when a government decision is “pending” such that the campaign contribution restrictions are triggered. Given the changes listed above, as well as the unintended consequences of the City’s campaign contribution limit, staff recommends that the City Council repeal Section 2.65.060 of the Calimesa Municipal Code. Cities are free to set campaign contribution limits at any level they wish. However, when they do not set their own limit, the limits set forth in Assembly Bill No. 571 (AB 571) establish a default limit, which is currently $5,900. This default limit also created some confusion for candidates, as it differs from the City’s currently enacted limit. If adopted, Ordinance No. 409 will repeal Section 2.65.060 of the Calimesa Municipal Code, thus defaulting campaign limits to those established in AB 571, as it had been prior to the adoption Ordinance No. 396. It should be noted that councilmembers and appointed City officers will still need to ensure adherence to the limits established in SB 1243 and SB 1181. FISCAL IMPACT: None. ATTACHMENTS: Attachment A: Ordinance No. 409 Page 55 of 59 Attachment 9A ORDINANCE NO. 409 AN ORDINANCE OF THE CITY OF CALIMESA, CALIFORNIA REPEALING SECTION 2.65.060 AND THE CAMPAIGN CONTRIBUTION LIMITS SET FORTH THEREIN WHEREAS, on January 16, 2024, the City Council adopted Ordinance No. 396, “An Ordinance of the City of Calimesa, California, amending Chapter 2.65 of Title 2 of the Calimesa Municipal Code to Establish a Campaign Contribution Maximum Amount of $250, and Declaring the Urgency Thereof”; and WHEREAS, Ordinance No. 396, added Section 2.65.060 to the Calimesa Municipal Code; and WHEREAS, absent a local campaign contribution limit, the limits imposed under state law, including Government Code Section 85301(d) and Section 18454(a)(9) of the Regulations of the Fair Political Practices Commission, shall apply; THE CITY COUNCIL OF THE CITY OF CALIMESA DOES ORDAIN AS FOLLOWS: Section 1. Section 2.65.060 of Title 2 of the Calimesa Municipal Code, titled “Campaign contribution limits,” is hereby repealed. Section 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 3. Effective Date; Publication. This ordinance shall take effect thirty (30) days after its final passage, and within the fifteen (15) days after its passage, the City Clerk shall cause this ordinance or a summary hereof to be published or posted as required by law. INTRODUCED AND PASSED UPON FIRST READING by title only, this 17th day of March, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: 1 Page 56 of 59 PASSED, APPROVED AND ADOPTED this 7th day of April upon the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________ LINDA MOLINA, MAYOR ATTEST: _________________________________ DARLENE GERDES, CITY CLERK APPROVED AS TO FORM: __________________________________ STEVEN L. FLOWER, CITY ATTORNEY 2 Page 57 of 59 City Council Meeting Agenda Report Agenda Item No. 10 SUBJECT: MOBILE HOME RENT STABILIZATION BOARD PROCESS MEETING DATE: March 17, 2025 PREPARED BY: Darlene Gerdes, Deputy City Manager/City Clerk RECOMMENDATION: That the City Council direct the issuance of a Request for Proposal seeking Mobilehome Rent Stabilization Hearing Officer services in place of the Mobile Home Rent Review Board processes and approve the elimination of the appeal process. BACKGROUND: The Mobilehome Rent Stabilization Ordinance (Chapter 9.05 of the Calimesa Municipal Code) ("Ordinance") and Administrative Rules ("Rules") for the implementation of the Ordinance establish the Mobilehome Rent Stabilization Board (MHRSB) to hear applications for special rent adjustments, capital improvement rent adjustments, and rent reductions based on reduction or elimination of services and amenities. The Mobile Home Rent Stabilization Board consists of 5 members and 2 alternate members who are appointed by the Mayor with the consent of the City Council. One member shall be a resident of a mobile home park within the city of Calimesa appointed for a term of two years and until his or her successor is qualified and appointed. One member shall be an owner of a mobile home park within the city of Calimesa, or an agent or representative of such an owner authorized to act on his or her behalf in connection with matters relating to tenancy within the park, appointed for a term of two years and until his or her successor is qualified and appointed. One member shall be neither a resident or relative of a resident in a mobile home park, nor an owner, agent, representative or relative of an owner of a mobile home park, appointed for a term of one year and until his or her successor is qualified and appointed. One member shall be neither a resident or relative of a resident in a mobile home park, nor an owner, agent, representative or relative of an owner of a mobile home park, appointed for a term of two years and until his or her successor is qualified and appointed. One member shall be neither a resident or relative of a resident in a mobile home park, nor an owner, agent, representative or relative of an owner of a mobile home park, appointed for a term of three years and until his or her successor is qualified and appointed. All successors to the original appointees shall be appointed for a term of two years. Any member of the board may be appointed to successive terms. The Mobile Home Rent Stabilization Board currently has vacancies in all 5 member positions and the 2 alternate member positions. The list of vacancies has been posted since the vacancies occurred several years ago and only 4 applications for the park resident representatives have been received, all being from the same Mobile Home Park. Page 58 of 59 DISCUSSION: Staff was contacted over a year ago and informed that the Californian Mobile Home Park had been sold. Following the purchase the new park owner contacted the city regarding the process of submitting a Capital Improvement Petition, as allowed in the Mobile Home Rent Stabilization Ordinance. Although a petition for a Capital Improvement has not been received to date, staff anticipate receipt of a Capital Improvement Petition in the near future. It is a duty of the Mobile Home Rent Stabilization Board to receive, investigate, conduct hearings on and approve, conditionally approve or disapprove petitions for, or protests against, increases of rents in mobile home parks. The absence of a quorum of the Mobile Home Rent Stabilization Board negates the petition process. Recently the City of Yucaipa City Council analyzed their Mobile Home Rent Review Commission process based on on-going reoccurring issues. The results determined a lack of a 5-member Commission and the issue that a quorum of only 3 members could result in not coming to a unanimous decision, whereby the application would be denied and most likely would be appealed to Council. This would increase the costs associated with the overall process and would likely have financial implications for the residents of said park. Therefore, in 2023 the City of Yucaipa conducted a request for proposal seeking a Mobile Home Rent Review Hearing Officer in place of its Mobile Home Rent Review Commission. Staff would like to follow in Yucaipa’s footsteps and commence the RFP process seeking a Mobile Home Rent Stabilization Hearing Officer. Staff believes that the lack of interest of citizen volunteers to serve on the Mobile Home Rent Stabilization Board is due to the overall complexity of the Special Rent Adjustment Applications, and the issues associated with the overall process. Staff is recommending the issuance of a Request for Proposal seeking Mobilehome Rent Stabilization Hearing Officer services in place of the Mobile Home Rent Stabilization Board processes and the elimination of the appeal process. Staff will return with revisions to the Ordinance, Rules and all appropriate forms if Council directs staff to amend the current process. Page 59 of 59

Get email alerts for Calimesa

A daily email when new agendas and minutes are posted.

Report an issue with this meeting