1/4 6 1919 AGENDA Regular Meeting of the Calipatria City Council City Council Chambers 125 North Park Avenue Calipatria California 92233 Tuesday, March 11, 2025 Closed Session at 5:30 pm Open Session at 6:00 pm Michael Luellen, Mayor Laura Gutierrez, City Manager Jesse Llanas, Fire Chief Javier Amezcua, Mayor Pro-Tem Gilbert G. Otero, City Attorney Cheryl Fowler, Police Chief Sylvia Chavez, Council Member Jane Hurtado, City Clerk Edgar Self, Public Work Director Fred Beltran, Council Member Jesse Rivas, Council Member NOTICE TO THE PUBLIC This is a public meeting. Any member ofthe public is invited to attend. The Calipatria City Council welcomes public input during the public comment period of the sessions. 5:30 P.M. CLOSED SESSION CALL TO ORDER: ROLL CALL: PUBLIC COMMENTS FOR CLOSED SESSION ITEMS: Any member of the public wishing to address the City Council on any items appearing on the closed session agenda may do SO at this time. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda. (Government Code Section 54954.2) There is a time limit of three (3) minutes for anyone wishing to address the City Council on these matters. CITY COUNCIL ADJOURNS TO CLOSE SESSION CONFERENCE WITH LEGAL COUNSEL: CONFERENCE WITH REAL PROPERTY NEGOTIATORS = G.C. 54956.8 1. APN: 023-470-005 2. APN: 023-333-004 3. APN: 023-070-007 03/11/25AGN 2/4 4. APN: 023-311-003 PUBLIC EMPLOYEE PERFORMANCE EVALUATION - G.C. 54956.7(B)(1) 1. Title of Position: City Manager CITY COUNCIL CONVENES TO OPEN SESSION 6:00 P.M. OPEN SESSION CALL TO ORDER: ROLL CALL: PLEDGE OF ALLEGIANCE & INVOCATION: CITY ATTORNEY: REPORT ON CLOSED SESSION ACTION ADJUSTMENTS TO THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgent items and or remove items from the consent calendar prior to that portion ofthe agenda. For the purpose of the official city record, the City Council may take care of these issues by entertaining a formal motion. MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA PUBLIC COMMENTS: The City Council welcomes your input. Please remember to shut off all cell phones. Nowis the time for any member of the public to speak to the Council. If there is an item on the agenda on which you wish to be heard, we ask that you please step to the podium and state your name and address for the record. For matters not appearing on the agenda: Ifyou wish to address the City Council concerning a matter and or any item not on the agenda but is within the City Council's jurisdiction you may do sO now. We ask that you please step to the podium and state your name and address for the record. The Mayor reserves the right to place a time limit of three (3) minutes on each person's presentation. Itis requested that Ionger presentations be submitted to the City Clerk in writing 48 hours before the meeting. PRESENTATIONS: 1. General Plan Annual Progress Report 2024 - The Holt Group 2. Wastewater Infrastructure Update - Public Works Director CONSENT AGENDA: The items appearing under the Consent Agenda will be acted upon by the City Council in one motion without discussion. Should any Council member or other person wish to discuss any item, they may request that the item be removed from the Consent Agenda and placed on the REGULAR BUSINESS Agenda. 03/11/25AGN 3/4 1. Continued Delta Street Lift Station Emergency 2. Warrants for the Month of February 2025 3. Letter of Support - Re: Senate Bill 461 (Padilla): State Surplus Property: City ofImperial 4. Minutes: February 11, 2025 and February 25, 2025 MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA PUBLIC HEARING: 1. Public Hearing, Discussion/Action: Introduction and first reading by title only of an ordinance amending Chapter 5.10 and adding Chapter 3.15 to allow for the installation of new original art murals and preservation of existing original art murals in the city. OPEN PUBLIC HEARING at Staff Report - The Holt Group, Françisco Barba City Council Discussion CLOSE PUBLIC HEARING at MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA RECONVENE TO OPEN SESSION ACTION ITEMS REGULAR BUSINESS DESCUSSIONACION: 1. Approve/Disapprove: ORDINANCE No. 02-25 - The Holt Group INTRODUCTION AND FIRST READING BY TITLE ONLY OF AN ORDINANCE AMENDING CHAPTER 5.10 AND ADDING CHAPTER 3.15 TO ALLOW FOR THE INSTALLATION OF NEW ORIGINAL ART MURALS AND PRESERVATION OF EXISTING ORIGINAL ART MURALS IN THE CITY. MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA 2. Approvel Disapprove: RESOLUTION NO. 25-10 - The Holt Group A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA ADOPTING THE DRAFT 2024 GENERAL PLAN ANNUAL PROGRESS REPORT MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA 3. Approve/Disapprove: Traffic Advisory Resident Appointment = City Manager MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA 03/11/25AGN 4/4 4. Approve/Disapprove: Approval of Agreement with Kosmont Realty for Pre- Disposition Real Estate and Surplus Land Act Due Diligence Services - City Manager MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA 5. Approve/Disapprove: Approval to contract with VGL Construction, Inc. for installation of sewer shut off devices to Delinquent Sewer Accounts in accordance with Resolution 2023-53. MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA DISCUSSION/DIRECTION: 1. Discusion/Direction: Ordinance 08-001 An Ordinance of the City of Calipatria providing for a comprehensive system nuisance abatement within City Limits. STAFF and COUNCIL REPORTS: ADJOURNMENT: The next regular scheduled meeting of the City of Calipatria City Council is Tuesday, March 25, 2025, at 6:00 pm Close meeting at MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA I,J JANE HURTADO, City Clerk of the City of Calipatria, California, DO HEREBY CERTIFY that the agenda was duly posted at Calipatria City Hall, 125 N Park Avenue, Calipatria, California and on the City of Calipatria's website not less than 72 hours prior to the meeting per Government Code 54954-2. Dated: March 7, 2025 03/11/25AGN - - City of Calipatria 1919 General Plan Annual CITY HALL N Progress P Report 2024 What to Expect COMMUNITY GENERAL PLAN PROFILE How has the 01 What is a General Plan and Calipatria 03 community changed since why is it important? 2013? GENERAL PLAN HOUSING ELEMENT PROGRESS PROGRESS What has the 02 progress City 04 Has the City made progress made towards the General toward its housing goals? Plan in 2024? POLICE 01 Calipatria CITY LIMIT OP 1.638 Puy GENERAL PLAN 1919 EETET a GENERAL PLAN Housing Element D * - Land Use Element . CITY OF CALIPATRIA Noise Element 0-0 Circulation Element GENERAL PLAN Safety Element Conservation/Open Space Element Airport Element GENERAL PLAN Serves as a blueprint for the following goals: Revitalizing older areas Assuring public safety Finding new uses for underutilized land Enhancing amenities and cultural resources Provides guidance for addressing changing conditions and specific actions to optimize community potential. Is an expression of what the community wants to maintain and become over the next 20 years. 2 GENERAL PLAN IT PROGRESS 1919 General Plan Progress LU, Initiated textual amendments to the Zoning Ordinance to H facilitate affordable housing. Searched for additional funding to add to the $7 million COS grant from the Statewide Park Program. Started construction on the Hernandez Park Irrigation COS System and the City Facility Improvement project. Completed the design for the South Brown Avenue Roadway Improvement Project. - 5 S Began the construction of the Eastside Stormwater Improvement Project 03 COMMUNITY PROFILE 1919 Community Profile Population & Housing Characteristics 2023 Population & Housing Characteristics Percent Changes Median Average 2013-2023 Household Income Household Size S 2013-2017 . $52,672 Population 3.19 2017-2021 ) Median Age % Hispanic 2021-2023 6,549 -20 -10 0 10 20 30 40 Median Household Income - Median Age 34.1 82% a Hispanic Population - Population Community Profile Housing Stock 2023 Housing Stock Changes 2013-2023 31% Decrease Number of Housing Units Total Single-Family 79% Housing Units 103% Increase Median Owner-Occupied Home Value Multi-Family 16% 26% Decrease Renters Paying 30% or more of gross monthly income 1,347 Mobile Home 5% 47% Increase Homeowners Paying 30% or more of gross monthly income Community Profile Educational Attainment by percent K-12 Public School Student 2013-2023 Enrollment 2013-2023 80 1200 61 56 58 58 1180 60 46 1160 40 1140 20 1120 1 2 1 1 1 3 1 1100 0 1080 2013 2017 2021 2023 1060 High School Graduate or Higher 1040 L- Bachelors Degree or Higher 2013 2017 2021 2023 Graduate or Professional Degree --K-12 Public School Student Enrollment Community Profile Employment By Sector 2023 Employment Characteristic Changes 2013-2023 - Education Retail Recreation Public Administration - Construction Transportation Employed population 16 38% Decrease Manufacturing Agriculture L- Other and over 6% 30% Increase Median yearly earnings 21% 32% 10% Decrease Unemployed population 10% 4% 29% Decrease Mean travel time to work 5% 10% 5% 7% Casa del Sol Apart ments - 4 - - - HOUSING ELEMENT 650 6 E PROGRESS omc 3 E 1919 - STORE FAIR STORE Housing Element Progress City of Calipatria Cycle 6 RHNA Progress (Planning Period 10/15/21 to 10/15/2029) Total Total RHNA Income Level 2021 2022 2023 2024 2025 2026 2027 2028 2029 Units to Remaining Allocation Date RHNA Deed Restricted Very Low 36 0 36 Non-Deed Restricted Deed Restricted Low 21 4 17 Non-Deed 1 3 Restricted Deed Restricted Moderate 16 4 12 Non-Deed 4 Restricted Above 78 4 4 74 Moderate Total RHNA 151 Total Units U 5 3 4 12 139 Housing Element Progress II Updated density bonus ordinance was HE-2 reviewed and approved by the Planning B IO HIIII Commission. - - - H IES EIIIIO a I - I CT ID ITE HI IIITITI I - - I - Textual amendments to facilitate - IT HE-7 housing development were approved by the Planning Commission. ADU ordinance was reviewed and HE-21 approved by the Planning Commission. Thank You! Questions? Francisco Barba Jeorge Galvan, AICP Associate Planner Principal Planner The Holt Group, Inc. The Holt Group, Inc. batpa@tneholngroupnet galvan@rnenorgroupnet 760-337-3883 760-337-3883 Notice of Public Hearing City of Calipatria 1919 Notice is hereby given that a public hearing will be held by the City of Calipatria City Council at the date, time, and place indicated below. The purpose of the public hearing will be to hear comments from the public regarding the following subject: Project: Location: Introduction and first reading by title only of an ordinance Citywide amending Chapter 5.10 and adding Chapter 3.15 to allow for the installation of new original art murals and preservation of existing original art murals in the city. The City of Calipatria has received inquiries in the past relating to the installation of art murals in the city. As currently written, the City of Calipatria Zoning Ordinance does not provide guidance nor any standards and regulations for the installation of art murals in the city. Considering this, it is the intent of the City of Calipatria to amend its Zoning Ordinance to establish standards and regulations for art murals. The overall goal of the textual amendment is to encourage artistic expression, foster community pride, prevent vandalism on existing and proposed murals, and preserve existing murals that are a valued part of the history of Calipatria. The proposed amendment is exempt from the requirements ofthe Califomia Environmental Quality Act (CEQA) via Section 15061(b)(3) of the California Code of Regulations. The proposed textual amendment was presented to the Planning Commission during a public hearing where the Commission motioned to recommend approval, with modifications, to the City Council. The purpose of this public hearing is to present the proposed textual amendment to the City Council where they will conduct an introduction and first reading by title only. City Council Hearing Date: March 11, 2025 Hearing Time: 6:00 PM Hearing Location: City Hall 125 North Park Avenue Calipatria, CA 92233 Copies of pertinent information are available for review at the City Hall during regular business hours. If you would like to know more about the proposed project prior to the public hearing, please contact Francisco Barba, Associate Planner, at (760) 337-3883 or via email at farha@thcholtgrompnel Any person desiring to comment on the above project may do SO in writing or may appear in person at the public hearing. Written comments should be directed to the Calipatria City Clerk, 125 North Park Avenue, Calipatria, CA 92233 and be delivered prior to the Public Hearing date. Please reference the project name in all written correspondences. Posted: Cquslushab Date: 3-25-25 CONSENT AGENDA # 6 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: March 6, 2025 Submitted By: Edgar Self, Public Works Director BRA Council Meeting Date: March 11, 2025 CONSENT" DELTA PUMP STATION EMERGENCY Subject: Delta Pump Station Emergency The Delta Pump Station continues to operate under emergency resolution until repairs are completed. With the City Council approval of the NADBank Grant Execution on 04.09.2024, NADBank has authorized the City to proceed. Due to the delay in receiving parts, the completion of this project has been delayed. Arc Performance has already demoed the old piping (suction and discharge) and has installed the new 8" suction valve, the new 10" discharge valve, and the lower and upper shutoff valves. The new pump has arrived, and once the pipes are set in, we will proceed with the rebuild of the two existing pumps ($45,000 estimated plus tax). The cost for the pump and rebuilds will be reimbursed by the $250,000 grant funding. As a reminder, the City will have a matching of 10% to the cost ofthe Delta Pump Station Project. NO EXPENSE UPDATE SINCE LAST MEETING To date expenses are as follows: Pump $70.046.12* Staircase Replacement: $26,845.03 Electrical: $83,146.81 Piping and valves: $46,549.30* Total expenses paid to date: $226,587.26 (Use of ARPA funding * to be reimbursed by NADBank) CONSENT AGENDA #3 CITY OF CALIPATRIA Warrants for Council Meeting Tuesday, March 11, 2025 OPERATING ACCOUNT: AMOUNTS: US Bank N General Account #5465 02/06/25 CK# 6938-6 6940 $4,630.55 02/18/25 CK# 6941-6968 $44,944.10 02/28/25 CK# 6969-7008 $233,694.16 Grand Total: $283,268.81 VOIDED CHECKS: 02/28/25 CK# 6998 Edgar Self (incorrect vendor) ABSTAIN: 02/28/25 CK# 6978 Fred Beltran PAYROLL ACCOUNT: AMOUNTS: US Bank A Payroll Account #0532 02/07/25 CK# 17206 - 17238 $34,331.87 02/19/25 CK# 17267 $342.93 02/21/25 CK# 17239 - 17266 $33,576.81 02/27/25 CK# 17268 $3,586.67 02/28/25 CK# 17269 - 17270 $4,052.54 Grand Total: $75,890.82 Michael Luellen, Mayor Javier Amezcua, Mayor Pro-Tem Fred Beltran, Councilmember Sylvia Chavez, Councimember Jesse Rivas, Councilmember 3/6/2025 5:13pm City of Calipatria Page 1 Page Accounts Payable Check Register Report - US Bank Branch-18300785465 For The Date Range From 2/1/2025 To 2/28/2025 For All Vendors And For Outstanding, Voided Checks Computer Generated, Hand Written, eCheck Check #I Type Date Vendor Name Amount Status eCheck ID 6938 L 2/6/2025 1323 Leonardo Rios $460.00 Invoice Nbr Description GL Account Amount 498457 - Police Dept. Vehicle wash Unit: 782, 01-25-7606 $260.00 711, 783, 722 City white van 498458 - Police Dept. Vehicle wash Unit: 782, 01-25-7606 $200.00 711, 783, 722 6939 C 2/6/2025 1340 Cecilia Rodriguez $479.98 o Invoice Nbr Description GL Account Amount 2/4/2025 PD- Travel Expense (Records Clerk) 01-25-7004 $479.98 6940 C 2/6/2025 1341 Department of Resources Recycling and Recovery $3,690.57 o Invoice Nbr Description GL Account Amount 2/3/2025 OWR1-21-0481 SB 1383 Local 09-00-4010 $3,690.57 Assistance Grant Unspent Funds 6941 C 2/18/2025 7 AFLAC $183.90 o Invoice Nbr Description GL Account Amount 888393 Deductibles -January 2025 01-00-2004 $183.90 6942 - 2/18/2025 14 Calipatria Firefighters Assoc. $62.80 o Invoice Nbr Description GL Account Amount Payroll 1/20-2/2, 2025 CFA Dues Run# 1627- 01-00-2010 $62.80 2025 6943 C 2/18/2025 57 Imperial Irrigation District $17,174.38 O Invoice Nbr Description GL Account Amount 50001635210/2025 515 S Sorenson 01-50-7013 $105.69 500016132/4/2025 St Lights 10-00-7013 $1,843.26 500016512/0/2025 105 S Lake 01-90-7013 $18.35 50160541/2/0/2025. C/O Alexandria amd W/S 06-06-7013 $18.00 International 50471659/2/0/2025 - 140 W Main St 01-25-7013 $218.05 500016642/-0/2025. 286 E Alexandria 01-80-7013 $26.88 50001646/2/0/2025 102 E Main St 01-90-7013 $32.28 500016092/0/2025 190 Ball Park 01-90-7013 $1,032.26 500016232/10/2025 Sorenson S/O Fern 01-90-7013 $30.34 50508779/2/0/2025 402 E California St 01-90-7013 $92.20 50001641/2/0/2025 - 125 N Park 01-26-7013 $813.55 50001641/2/0/2025 - 125 N Park 01-80-7013 $813.55 50291961/2/02025 HWY 111 and Main St Clock 10-00-7013 $555.44 50892491/26/2025 440 W Main St 06-06-7013 $1,745.28 50900482/26:2025 440 W Main St A/PRT HNGR 01-50-7013 $756.97 506752822772025 106 W Lindsey Rd 06-06-7013 $8,041.48 013297826/2025 440 W Main St 14-00-7013 $18.00 50001605/2/10/2025- 190 City Hall 01-80-7013 $1,012.80 6944 2/18/2025 109 Underground Service Alert/SC $45.15 o Invoice Nbr - Description GL Account Amount 120250100 - Regulatory Compliance 06-06-7013 $45.15 3/6/2025 5:13pm City of Calipatria Page 2 Page Accounts Payable Check Register Report - US Bank Branch-158300785465 For The Date Range From 2/1/2025 To 2/28/2025 For All Vendors And For Outstanding, Voided Checks - Computer Generated, Hand Written, eCheck Check #1 Type Date Vendor Name Amount Status eCheck ID 6945 C 2/18/2025 143 Zendejas Hardware $386.69 Invoice Nbr Description GL Account Amount 878126 - PW - Suppies/Maintenance 01-80-7104 $80.09 878307 - FD- Supplies 01-26-7016 $31.23 877887 - FD - Supplies 01-26-7016 $8.61 877870 FD- Supplies 01-26-7016 $18.31 877512 - Fire Dept. Supplies 01-26-7016 $3.76 878055 CH - Office Desk 01-80-7605 $8.84 878091 - PW Supples/Maintenance: 01-50-7606 $69.00 877996 - PW - Graffiti remover 01-90-7016 $160.40 878053 CH. Office Desk 01-80-7605 $6.45 6946 C 2/18/2025 189 Airgas USA, LLC $127.91 Invoice Nbr - Description GL Account Amount 5514253457 Monthly medical oxygen expense 01-26-8017 $127.91 6947 C 2/18/2025 193 Calipatria Police Employees Association $100.00 o Invoice Nbr Description GL Account Amount Payroll 1/20-2/2, 2025 CPOA Dues Run# 1627- 01-00-2007 $100.00 2025 6948 C 2/18/2025 212 Imperial County Treasurer $15,146.38 o Invoice Nbr - Description GL Account Amount 2023-2024 - Housing Authority Monies - FY 2023- 01-17-7057 $15,146.38 2024 6949 C 2/18/2025 267 Imperial Printers $1,002.08 o Invoice Nbr Description GL Account Amount 24-4047 Business Cards 01-01-7001 $301.71 24-4047 Business Cards 01-03-7001 $70.04 24-4047 - Business Cards 06-06-7001 $80.81 24-4047 Business Cards 01-26-7001 $80.81 24-4047 - Business Cards 01-16-7001 $131.99 25-144 Business Cards 01-17-7001 $280.15 24-4047 - Business Cards 01-90-7001 $24.24 24-4047 - Business Cards 01-40-7001 $32.33 6950 C 2/18/2025 339 California Department of Child Support Services $388.62 Invoice Nbr Description GL Account Amount Paurnll 1/00- 2/2 2025 Child Support: 01-00-2010 $388.62 # 1627-2025 6951 C 2/18/2025 339 California Department of Child Support Services $223.84 Invoice Nbr Description GL Account Amount Pavroll 1/20-2/? 2025. 01-00-2010 $223.84 Run# 1627-2025 6952 C 2/18/2025 340 Imperial County Registrar of Voters $1,968.85 o Invoice Nbr Description GL Account Amount Nov 5, 2024 - Election November 5, 2024 01-02-7017 $1.968.85 3/6/2025 5:13pm City of Calipatria Page 3 Page Accounts Payable Check Register Report - US Bank Branch-15830785465 For The Date Range From. 2/1/2025 To 2/28/2025 For All Vendors And For Outstanding, Voided Checks Computer Generated, Hand Written, eCheck Check #/ / Type Date Vendor Name Amount Status eCheck ID 6953 C 2/18/2025 470 McNeece Bros. Oil Company, Inc. $4,180.67 o Invoice Nbr Description GL Account Amount 915361 - Fire Dept. Fuel January 01-26-7015 $985.52 (Deth) - Pass, - Public Works 75-00-7015 funyp 915360 Operational Fuel $771.6069 Ba, 915360 - Public' Works Operational Fuel 01-16-7015 $125.42 915360 - Public' Works - Operational Fuel 06-06-7015 $314.29 915360 - Public Works - Operational Fuel 01-90-7015 $314.29 915362 - Police Dept. - Vehicle Fuel 01-25-7015 $1,250.48 915360 - Public' Works - Operational Fuel 01-40-7015 $419.07 6954 C 2/18/2025 473 Eric Joseph Trevino $249.75 o Invoice Nbr Description GL Account Amount FT02/18/2025 PD Travel Expenses (FTO 01-25-7004 $249.75 Trevino) 6955 C 2/18/2025 819 Conveyor Group $588.00 o Invoice Nbr Description GL Account Amount 11375 - Planning Commisioners 01-17-7003 $588.00 6956 C 2/18/2025 894 Border Tactical $340.08 o Invoice Nbr Description GL Account Amount A214315 - PD- Sgt Trevino uniforms 01-25-7929 $340.08 6957 C 2/18/2025 942 Imperial County Transportation Commission $425.75 o Invoice Nbr Description GL Account Amount 25-12. 2nd Qtr 19-40-7002 $425.75 6958 C 2/18/2025 1020 AM Copiers, Inc $29.67 Invoice Nbr Description GL Account Amount IN6733. Professional fees Dec 24 Jan 25 01-17-7003 $29.67 6959 2/18/2025 1039 Larry R. Bennett Insurance Agency $375.00 Invoice Nbr - Description GL Account Amount LRB# 166 Administration fees for SDRMA - 01-17-7003 $375.00 February 2025 6960 2/18/2025 1080 County Motor Parts $79.69 Invoice Nbr Description GL Account Amount 541929 - Pump Maint. 06-06-7606 $272.56 541935 Cr. Memo 06-06-7606 ($192.87) 6961 2/18/2025 1118 Clearinghouse $279.80 o Invoice Nbr Description GL Account Amount Pavroll 1/20-2/? 2025. - 01-00-2010 $279.80 Sent: Tuesday, February 25, 2025 4:45 PM To: Laura Gutierrez Subject: RE: Request for Letter of Support for SB 461 Attachments: SB 461 - State Surplus Property - City of Imperial Template Support Letter.docx; SB 461- State Surplus Property - City of Imperial (003).pdf CAUTION: This email originated from outside of the organization. Please take care when clicking links or opening attachments. Hi Laura, Thank you for getting back to me. It would be great to get it by the 5th of March. Please take a look at the attachment with an updated letter of support template, as the previous version had an error. Thank you again for your time and consideration. Warm regards, 41 LARISSA DE LA TORRE DISTRICT REPRESENTATIVE - CALIFORNIA STATE SENATE DISTRICT 18, SENATOR STEVE PADILLA IMPERIAL: 760-335-3442 SAN DIEGO: 619-409-7690 COACHELLA VALLEY: 760-398-6442 CAPITOL: 916-651-4018 From: Laura Gutierrez Sent: Tuesday, February 25, 2025 2:22 PM To: Laura Gutierrez Subject: Request for Letter of Support for SB 461 1 CAUTION: This email originated from outside of the organization. Please take care when clicking links or opening attachments. Dear Laura, hope you are well. I am Larissa De La Torre, District Representative for State Senator Steve Padilla, and we would like your support for SB 461. This bill would transfer the soon-to-be-vacated California Highway Patrol station at 2331 CA- 867 to the City of Imperial. Currently, the Imperial Police Department operates from a converted juvenile detention facility that houses City Hall and Public Services. This situation creates urgent operational challenges due to insufficient space, security concerns, and outdated infrastructure. The CHP facility, already configured for law enforcement, is centrally located and would require minimal modifications, making it a cost-effective solution compared to other options. By supporting SB 461, we can ensure taxpayer dollars are used efficiently and free up resources for other community priorities such as housing development. This bill has the potential to significantly improve our law enforcement facilities and enhance public safety. Your letter of support would be instrumental in advancing this measure. Please find the attached letter of support template and fact sheet. If you have any questions or need further information, feel free to contact me. Thank you for your time and consideration. Your support for SB 461 would be greatly appreciated and would make a significant difference for Imperial County. Sincerely, SE LARISSA DE LA TORRE DISTRICT REPRESENTATIVEN CALIFORNIA STATE SENATE DISTRICT 18, SENATOR STEVE PADILLA IMPERIAL: 760-335-3442 SAN DIEGO: 619-409-7690 COACHELLA VALLEY: 760-398-6442 CAPITOL: 916-651-4018 2 1/4 CONSENT AGENDA 4 3 : 1919 TENTATIVE MINUTES Regular Meeting of the Calipatria City Council City Council Chambers 125 North Park Avenue Calipatria California 92233 Tuesday, February 11, 2025 Closed Session at 5:30 pm Open Session at 6:00 pm Michael Luellen, Mayor Laura Gutierrez, City Manager Jesse Llanas, Fire Chief Javier Amezcua, Mayor Pro-Tem Gilbert G. Otero, City Attorney Cheryl Fowler, Police Chief Sylvia Chavez, Council Member Jane Hurtado, City Clerk Edgar Self, Public Work Director Fred Beltran, Council Member Jesse Rivas, Council Member NOTICE TO THE PUBLIC This is a public meeting. Any member of the public is invited to attend. The Calipatria City Council welcomes public input during the public comment period of the sessions. 5:30 P.M. CLOSED SESSION CALL TO ORDER: 5:30 ROLL CALL: ALL PRESENT PUBLIC COMMENTS FOR CLOSED SESSION ITEMS: Any member of the public wishing to address the City Council on any items appearing on the closed session agenda may do SO at this time. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda. (Government Code Section 54954.2) There is a time limit of three (3) minutes for anyone wishing to address the City Council on these matters. CITY COUNCIL ADJOURNS TO CLOSE SESSION 5:58 CONFERENCE WITH LEGAL COUNSEL: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - G.C. 54956.8 021125MIN 2/4 APN: 023-293-001 Property Address: 105 South Lake Avenue Agency Negotiator: City Manager Negotiating Parties: County ofImperial Under Negotiation: Lease Terms 2. CONFERENCE WITH LABOR NEGOTIATORS = G.C. 5957.6 Agency Designated: City Manager Employee Organization: Police / Public Works RECONVENES TO OPEN SESSION 6:00 P.M. OPEN SESSION CALL TO ORDER: 6:03 ROLL CALL: ALL PRESENT PLEDGE OF ALLEGIANCE & INVOCATION: Cheryl Fowler, Javier Amezcua CITY ATTORNEY: REPORT ON CLOSED SESSION ACTION 1) Direction given to city staff 2) Direction given to city staff ADJUSTMENTS TO THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgent items and or remove items from the consent calendar prior to that portion ofthe agenda. For the purpose ofthe official city record, the City Council may take care of these issues by entertaining a formal motion, NO. ADJUSTMEN7S MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA PUBLIC COMMENTS: The City Council welcomes your input. Please remember to shut off all cell phones. Now is the time for any member of the public to speak to the Council. Ifthere is an item on the agenda on which you wish to be heard, we ask that you please step to the podium and state your name and address for the record. For matters not appearing on the agenda: If you wish to address the City Council concerning a matter and or any item not on the agenda but is within the City Council's jurisdiction you may do sO now. We ask that you please step to the podium and state your name and address for the record. 021125MIN 3/4 The mayor reserves the right to place a time limit of three (3) minutes on each person's presentation. It is requested that longer presentations be submitted to the City Clerk in writing 48 hours before the meeting. 1. Gloria Rivas-she spoke of how her and her husband Jesse Rivas enjoyed working with the Cal Energy members to help with the clean up at the little league park. 2. Julie Vista-she received many phone calls, she didn't know who the calls were coming from. It was regarding the Traffic Advisory Committee candidate information. She received the information the day before, it wasn' 't enough time. 3. Marcos Orozco-they had him come back at Discussion/Direction. 4. Bonnie Zendejas-she mentioned the opening ceremony. It was very nice well- coordinated, didn't have to wait for the food, everything was nice. She said thank you to the community and staff 5. Emma Orosco- she thanked everyone for their vote. CONSENT AGENDA: The items appearing under the Consent Agenda will be acted upon by the City Council in one motion without discussion. Should any Council member or other person wish to discuss any item, they may request that the item be removed from the Consent Agenda and placed on the REGULAR BUSINESS Agenda. 1. Continued Delta Street Lift Station Emergency JR-Where are we on this project, still owe on this project. 2. Warrants - 01/01/25 - 01/31/25 SC-Check 6834 Two (2) items for Tyson Medical, they have not started anything over there, can you tell me what it's for? LG- H'sfor The Holt Group. They were asked to work on projects that were listed. We have to pay these invoices. FB-S174,942. are these all from grants? LG not all ofit. Some ofit is but not the full amount. Can we distinguish what comes out oft the City fund and compare what comes out of the grants. FB would like to make an appointment to come in 10 talk to Laura about these warrants. 3. Minutes = April 9, 2024, and January 14, 2025 MOTION: Javier Amezcua SECOND: Sylvia Chavez ROLL CALL VOTE: CARRIED DISSCIESIONPIRICTON 1) Traffic Advisory Resident Appointment - Beneranda Cooper - L. Gutierrez, City Manager Was voted to bring back to the 151 City Council meeting in March.. MOTION: Sylvia Chavez SECOND: Fred Beltran ROLL CALL VOTE: FB- JR-ML- SC-JA CARRIED 021125MIN 4/4 2) Sale of"Safe and Sane" Fireworks a Calipatria Little League - L. Gutierrez City Manager Had a meeting with Llanas, JR-where will they set up? Sell in down town-Market Square. June 28-4th ofJuly. MOTION: Fred Beltran SECOND: Jesse Rivas ROLL CALL VOTE: CARRIED STAFF and COUNCIL REPORTS: E Self-Clean up-didn t get dumpsters, each event (Registration), The City will require Utility Bill (Trash included), Copy ofVehicle registration, vehicle insurance, (all must be current), and a signed waiver. Jesse Rivas-Question for Ed Self, how is the Delta Street Lift Station Emergency going, how is the Calimart going? Self's response-Plumbing is done, laundry facilities, gas pump, tested the water. Chery! Fowler-Staff. Report. Gilbert Otero-nothing to report. L Gutierrez-Airport, let the community know that the dust is not from the airport, Clean Up is every. 2nd Saturday ofthe month. Fred Beltran-will be meeting with Ryan Kelly, Dogs Loose, Training. for Animal Control. Jesse Rivas-League of City- Mayor workshop -very good training. Lot of Cities have same issues, how tofunction, Sylivia Chavez-Senior Citizen Day 10:00-12:30, 50 Count (42 RSVP) Catholic Charity Meals. Javier Amezcua-Little League, Michael Luellen-How to mitigate dust coming, from the Airport. What can we do to help, someone mentioned Earth Glue. ADJOURNMENT: The next regular scheduled meeting of the City of Calipatria City Council is Tuesday, February 25, 2025, at 6:00 pm MOTION: Michael Luellen SECOND: Fred Beltran ROLL CALL VOTE: CARRIED I, JANE HURTADO, City Clerk of the City of Calipatria, California, DO HEREBY CERTIFY that the agenda was duly posted at Calipatria City Hall, 125 N Park Avenue, Calipatria, California and on the City of Calipatria's website not less than 72 hours prior to the meeting per Government Code 54954-2. Dated: February 7, 2025 021125MIN 1/4 CONSENT AGENDA 6 1919 TENTATIVE MINUTES Regular Meeting of the Calipatria City Council City Council Chambers 125 North Park Avenue Calipatria California 92233 Tuesday, February 25, 2025 Closed Session at 5:30 pm Open Session at 6:00 pm Michael Luellen, Mayor Laura Gutierrez, City Manager Jesse Llanas, Fire Chief Javier Amezcua, Mayor Pro-Tem Gilbert G. Otero, City Attorney Cheryl Fowler, Police Chief Sylvia Chavez, Council Member Jane Hurtado, City Clerk Edgar Self, Public Work Director Fred Beltran, Council Member Jesse Rivas, Council Member NOTICE TO THE PUBLIC This is a public meeting. Any member of the public is invited to attend. The Calipatria City Council welcomes public input during the public comment period of the sessions. 5:30 P.M. CLOSED SESSION CALL TO ORDER: 5:31 PM ROLL CALL: ALL PRESENT PUBLIC COMMENTS FOR CLOSED SESSION ITEMS: Any member of the public wishing to address the City Council on any items appearing on the closed session agenda may do SO at this time. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda. (Government Code Section 54954.2) There is a time limit of three (3) minutes for anyone wishing to address the City Council on these matters. CITY COUNCIL ADJOURNS TO CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL: CONFERENCE WITH REAL PROPERTY NEGOTIATORS = G.C. 54956.8 APN: 022-160-003 Property Address: 106 W. Lindsey Agency Negotiator: City Manager Negotiating Parties: Jose Luis Correa Under Negotiation: Lease Terms 022525MIN 2/4 CITY COUNCIL CONVENES TO OPEN SESSION 6:00 P.M. OPEN SESSION CALL TO ORDER: 6:04 PM ROLL CALL: ALL PRESENT PLEDGE OF ALLEGIANCE & INVOCATION: Silvia Chavez, Gilbert Otero CITY ATTORNEY: REPORT ON CLOSED SESSION ACTION 1) DIRECTION GIVEN TO STAFF ADJUSTMENTS TO THE AGENDA: The City Council will discuss the order oft the agenda, may amend the order, add urgent items and or remove items from the consent calendar prior to that portion of the agenda. For the purpose of the official city record, the City Council may take care oft these issues by entertaining a formal motion. NO. ADJUSTMENIS MOTION: SECOND: ROLL CALL VOTE: FB- JR-ML-SC-JA PUBLIC COMMENTS: The City Council welcomes your input. Please remember to shut off all cell phones. Nowis the time for any member of the public to speak to the Council. Ifthere is an item on the agenda on which you wish to be heard, we ask that you please step to the podium and state your name and address for the record. For matters not appearing on the agenda: Ifyou wish to address the City Council concerning a matter and or any item not on the agenda but is within the City Council's jurisdiction you may do SO now. We ask that you please step to the podium and state your name and address for the record. The Mayor reserves the right to place a time limit ofthree (3) minutes on each person's presentation. It is requested that longer presentations be submitted to the City Clerk in writing 48 hours before the meeting. 1. Marcos Orozco: explained that three (3) minutes is not enough time, when it's almost time, let them know before (seconds) time is up. PRESENTATIONS: 1. Public review draft- Imperial County Lithium Valley Specific Plan (County of Imperial/Rick Engineering) Mr. Brian Mooney and Shannon Baer gave a presentation regarding the Imperial County Lithium Valley Specific Plan. What is the Lithium Valley Specific Plan? Chapters: 1. Introduction and Intent, 022525MIN 3/4 2. Vision and Guiding Principles. 3. Land Use 4. Development and Design Standards 5. Circulation and Transportation 6. Infrastructure 7. Community Health and. Prosperity 8. Implementation The upcoming Community Workshop will be on February 27, 2025 at the Calipatria High School Gymnasium-501 West Main Street, Calipatria, CA 92233. CONSENT AGENDA: The items appearing under the Consent Agenda will be acted upon by the City Council in one motion without discussion. Should any Council member or other person wish to discuss any item, they may request that the item be removed from the Consent Agenda and placed on the REGULAR BUSINESS Agenda. 1. Continued Delta Street Lift Station Emergency FB- Lift Station Emergency- NADBank Grant, 24,000 is left. MOTION: Javier Amezcud SECOND: Sylvia Chavez ROLL CALL VOTE: CARRIED ACTION ITEMS REGULAR BUSINESS OISCISSIONACTION: 1. Approval of the Animal Safety Officer Job Description LG- We have no part time, JR-the working conditions have no lifting. FB-where is the funding coming from: it's coming from the Police Department, vehicles for dogs to be transported, transported by dispatch. SC- need class C driver's license. MOTION: Javier Amezcua SECOND: Fred Beltran ROLL CALL VOTE: CARRIED 2. Approval of the Proposal from Architectural Resources Group for Additional Services for the Calipatria Flagpole California Historical Landmark Nomination MOTION: Fred Beltran SECOND: Javier Amezcua ROLL CALL VOTE: CARRIED 3. Approval for Street Closures for the 4th ofJuly Spectacular for International Avenue from Main Street to Delta Street and Alexandria from International Avenue to Lake Avenue. Ed Self request to shut down streets provided on report for event. MOTION: Sylvia Chavez SECOND: Fred Beltran ROLL CALL VOTE: CARRIED DISCUSSION/DIRECTION RECOMMENDDENY: 1. Approval for a Public Hearing for the Establishment of a Vacant Lot Tax and Abatement of Nuisance and Neglected Properties. Marcos Orozco-What is the definition of a vacant lot. Taxes is pretty steep. Question from the audience: Empty lot- are they going to be forced to sell As is potential change. 022525MIN 4/4 MOTION: Javier Amezcua SECOND: Jesse Rivas ROLL CALL VOTE: CARRIED STAFF and COUNCIL REPORTS: E Self-City NADBank Grant-The Holt Group, wet wall, moving. forward-300 day project. JR-why 300 days FB-nothing to report SC-Project-Senior Community -every 3rd Wednesday ofthe month, we are on the calendar, Easter Event-April 18, 2025-Easter Egg Hunt. JA-Little League try-outs, 2 major teams and 2 minor teams. ADJOURNMENT: The next regular scheduled meeting of the City of Calipatria City Council is Tuesday, March 11, 2025, at 6:00 pm MOTION: Fred Beltran SECOND: Javier Amezcua ROLL CALLVOTE: CARRIED I,JANE HURTADO, City Clerk ofthe City of Calipatria, California, DO HEREBY CERTIFY that the agenda was duly posted at Calipatria City Hall, 125 N Park Avenue, Calipatria, California and on the City ofCalipatria's website not less than 72 hours prior to the meeting per Government Code 54954-2. Dated: 022525MIN DISSCUSSION / ACTION - City Council Staff 1919 Report To: City of Calipatria City Council Laura Gutierrez, City Manager From: Jeorge Galvan, AICP, City Planner Prepared by: Francisco Barba, Associate Planner Date: March 11, 2025 Project: Introduction and first reading by title only of an ordinance amending Chapter 5.10 and adding Chapter 3.15 to allow for the installation of new original art murals and preservation of existing original art murals in the city. Summary: Subject of Introduction and first reading by title only of an ordinance Report: amending Chapter 5.10 and adding Chapter 3.15 to allow for the installation of new original art murals and preservation of existing original art murals in the city. Project Location: Citywide Recommended Conduct an introductory first reading by title only of an Action: ordinance amending the Zoning Ordinance pursuant to Section 36934 of the California Government Code. Zoning: R-1 (Low Density Residential), R-2 (Medium Density Multi-Family Residential), R-3 (High Density Multi- Family Residential), MHP (Mobile Home Park), CP (Commercial Professional), CP-T (Commercial Professional Transitional), DC (Downtown Core), M-1 (Light Manufacturing and Industrial), M-2 (Heavy Manufacturing and Industrial), OS-G (Open Space General), PF (Public Facilities), and Airport zones. General Plan: LD-R (Low Density Residential), MD-R (Medium Density Residential), HD-R (High Density Residential), GC (General Commercial), DD (Downtown District), OS- R (Open Space/Recreation), OS-A (Open Space/Agriculture) PF (Public Facility), LI (Light Industrial), HI (Heavy Industry), AC (Airport Commercial), AI (Airport Light Industrial Environmental: Exempt - 15061(b)(3) Common Sense Exemption City ofCalipatria City Council Art Mural Ordinance Introduction: and First Reading March 11, 2025 Page: 1 of7 1424142.349- - Art Mural Ordinance Staff Report & Reso INTRODUCTION AND BACKGROUND The City ofCalipatria has received inquiries in the past relating to the installation of art murals in the city. As currently written, the City of Calipatria Zoning Ordinance does not provide guidance nor any standards and regulations for the installation of art murals in the city thus rendering them unregulated. Considering this, it is the intent of the City of Calipatria to amend its Zoning Ordinance to establish standards and regulations for art murals. The overall goal of the textual amendment is to encourage artistic expression, foster community pride, prevent vandalism on existing and proposed murals, and preserve existing murals that are a valued part ofthe history ofCalipatria. The proposed textual amendments consist of incorporating a new art mural ordinance as Chapter 3.15 and amending Chapter 5.10 to include definitions in relation to the art mural ordinance. The scope of the new mural ordinance will be citywide. The item was presented to the City of Calipatria Planning Commission on February 18, 2025. Upon reviewing all pertinent documentation and considering all public comments the Planning Commission adopted Resolution PC 25-01 recommending adoption of the draft 2024 General Plan APR, with modifications, to the City Council. The purpose of this item is to present the proposed textual amendments to the City Council where upon reviewing all comments and documentation, an introduction and first reading by title only will be conducted. ISSUES FOR DISCUSSION Art Mural Ordinance. In recent years, the City of Calipatria has experienced a growing interest in the installation of art murals by the community. Understanding the current limitations of the Zoning Ordinance and the importance art murals can play in the community, it is the City's intent to amend the Zoning Ordinance to permit the installation of art murals in the city in a safe and regulated manner. Art murals serve as an important part of the community beçause they can revitalize neighborhoods, express a community's history and culture, raise awarcness about social issues, promote dialogue around important topics, add vibrancy to public spaces, and generally enhance the aesthetic appeal of a city. Murals also spark a new sense of creativity and community pride among residents. Therefore, the proposed textual amendments will incorporate a new art mural ordinance as Chapter 3.15 and amend Chapter 5.10 to include definitions in relation to the art mural ordinance. Notable Items of Discussion. The proposed art mural ordinance has the following main requirements for consideration by the City Council: Intent. Section 3.15.10(B) of the proposed textual amendment states that the purpose of the ordinance is to encourage the installation of murals and, at the same time, prevent the proliferation of off-site commercial signs, promote public safety and welfare by regulating such displays, encourage artistic expression, foster a sense of pride, prevent vandalism at mural signs, and preserve existing murals that are a valued part of the history of the City of Calipatria. The City Council may review this section and make changes as necessary to further ensure conformance with the goals and policies of the City of Calipatria. Electrical and Mechanical Components. Section 3.15.040(D) of the proposed textual amendment restricts the use of electrical or mechanical components or changing images City of Calipatria City Council Art Mural Ordinance Introduction and First Rcading. March 11, 2025 Page 2 of7 1424142.349 Art Mural Ordinance Staff Report & Reso in original art murals. (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours). The City Council may review this section and make changes as neçessary to further ensure conformance with the goals and policies of the City of Calipatria. Single-Family Structure Restrictions. Section 3.15.040(F) of the proposed textual amendment restricts the installation or original art murals on a lot that is improved with only one single-family residential structure and accessory structures. The City Council may review this section and make changes as necessary to further ensure conformance with the goals and policies of the City of Calipatria. First Amendment Right. The First Amendment of the United States Constitution protects freedom of speech, religion, press, assembly, and petition. This same protection also encompasses art murals. The First Amendment states in relevant part, "Congress shall make no law. abridging the freedom of speech. 19 Courts, including the Supreme Court, continue to grapple with the extent to which local governments can restrict signs and murals whether digital, artistic, or traditional signage without violating the free speech protections afforded by the First Amendment. Courts continue to use different analytical approaches and levels of scrutiny, which in turn results in a lack of clarity and predictability with few bright-line rules. When the cases involve murals, these different analytical approaches seem to result in inconsistent outcomes, which are difficult to reconcile. Thus, Section 3.15.050 of the proposed textual amendment was included to state that murals may not include Constitutionally unprotected speech which includes any message or image that is outside the protection of the First Amendment of the U.S. Constitution and/or corollary provisions of the California Constitution, such as obscenity, and hate speech or imagery are prohibited. Planning Commission Modifications. During a public hearing held on February 18, 2025, the Planning Commission reviewed all pertinent documentation and considered all public comments for the proposed ordinance. After considering all the information, the Planning Commission made the following revisions to the proposed textual amendment (Refer to Attachment B - Planning Commission Modifications for additional information): Section 3.15.020(C) of the proposed textual amendment previously required applicants to mail out notices informing residents within 300 feet of the mural site that a mural appliçation was submitted for review and approval. All notices must be sent no less than 10 days prior to the Development Review Committees review and decision. Upon reviewing the noticing requirements, the Planning Commission motioned to modify Section 3.15.020(C) to increase the noticing radius from 300 feet to 600 feet, and to change the notices from mail to physical door tags on the surrounding properties. Vacant or undeveloped properties will require notices to be mailed out. The original draft did not include provisions for the collection of fees for the review and Ciry ofCalipatria City Council ArtN Mural Ordinancc Introduction and First Reading March 11, 2025 Page 3 of7 1424142.349 Art Mural Ordinance Staff Report & Reso processing of mural applications. Therefore, the Planning Commission motioned to include Section 3.15.020(D) establishing that mural application review and processing fees will be established by the City Council via resolution. The original draft did not include provisions for the repair of damaged or vandalized murals. Therefore, thc Planning Commission motioned to include Section 3.15.040(I) and (J) establishing that damaged murals shall be repaired within 10 days oft the date the damage occurred while murals vandalized by graffiti have 24 hours to conduct repairs. The original draft stated that all mural applications are to be reviewed and approved by the Project Review Committee but provided no definition for said committee. Therefore, the Planning Commission motioned to change the Project Review Committee to the Development Review Committee and provide a definition of the Committee on Section 5.10.020 of the Zoning Ordinance. A further modification was made to include one member of the Planning Commission and one member of the City Council as part of the Development Review Committee. Additional modifications further establish that the development review committee provides recommendations, and the City Council retains solc authority to approve or deny mural applications. Art Mural Ordinance Outline. The proposed textual amendments to Chapter 5.10 of the City of Calipatria Zoning Ordinance consist of the following definitions: 1. Development Review Committee. The Development Review Committee is composed of the following individuals or their representatives: City Manager Fire Chief Police Chief Public Works Director One (1) City Council Member One (1) Planning Commission Member 2. Original Art Mural. A one-of-a-kind, hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold. 3. Public Art Installation. A facility, amenity or project that does not contain any commercial message and which is either an approved public arts project. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold. The proposed textual amendments will create Chapter 3,15 which will incorporate standards and regulations for the installation of art murals throughout the city and will consist of the following: 1. Purpose and Applicability This section describes the intent of the chapter which is to encourage the installation of murals and, at the same time, prevent the proliferation of off-site commercial signs, City ofCalipatria City Council Art Mural Ordinance Introduction. and First Reading March 11, 2025 Page 4 of7 1421142.349 - Art Mural Ordinance Staff Report & Reso promote public safety and welfare by regulating such displays, encourage artistic expression, foster a sense of pride, prevent vandalism at mural signs, and preserve existing murals that are a valued part ofthe history oft the City ofCalipatria. 2. Original Art Mural Registration This section lists the registration requirements for original art murals as follows: A. Authority. The Development Review Committee shall have the authority to determine whether an application for an Original Art Mural or Existing Original Art Mural meets all of the applicable registration requirements as established in this Chapter and provide a recommendation to the City Council. B. Administrative Rules. The Project Review Committee is authorized and directed to adopt the administrative rules implementing Chapter 3.15. C. Neighborhood Involvement Requirement. All applications for an Original Art Mural or existing Art Mural shall include a neighborhood involvement requirement. All applications for an Original Art Mural or Existing Art Mural shall include a neighborhood involvement requirement, Specifically, an applicant for mural approval shall send notice of that application, in the form of door hangers, to the neighboring properties within a 600-foot radius of where the proposed mural will be installed at least 10 days prior to the Development Review Committec's review. If a door tag cannot be placed as a result of a property being vacant or undeveloped, a notice shall be mailed out to the owners of any vacant or undeveloped properties within the 600-meter radius. No mural shall be registered until thc applicant certifies that the neighborhood involvement requirement has been completed. This is a procedural requirement only, and the Development Review Committee shall review and providc a recommendation to the City Council. The City Council shall at all times retain sole authority to approve or deny an application for a mural based on the criteria in this Chapter. D. Fees. The City Council of the City of Calipatria shall adopt applicable fees for mural reviews, such fees shall be fixed by resolution and be in an amount equal to the costs of processing original art mural review applications. 3. Grandfathering of Existing Original Art Murals This section stipulates that any existing original art mural installed prior to the effective date of this chapter, shall have legal nonconforming status and not require registration under Chapter 3.15 of the Zoning Ordinance. However, existing murals with electrical or mechanical components or changing images do not qualify for legal nonconforming status. 4. Original Art Mural Regulations This sections states that any original art mural that meets the following requirements will be allowed upon satisfaction of the applicable registration procedures: A. Any alteration to an approved mural shall require approval by the Project Review Committee. Minor changes to the permitted mural that result from the maintenance or repair oft the mural shall not constitute an "alteration". City of Calipatria City Council Art Mural Ordinance Introduction. and' First Reading March 11, 2025 Page 5 of7 1421142.349 Art Mural Ordinance Staff Report & Reso B. No part of a mural shall exceed the height of the structure to which it is tiled, painted or affixed. C. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted or affixed. D. No mural may consist of, or contain, electrical or mechaniçal components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours). E. No mural, except for murals consisting completely of paint, shall be placed over the exterior surface of any building opening, including, but not limited to, windows, doors and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material permitted under Chapter 3.15 may be placed on roll down security doors on a commercial or industrial building. F. No mural shall be placed on a lot that is improved with only one single-family residential structure and accessory structures. G. No mural shall be arranged and illuminated in a manner that will produce a light intensity of greater than three-foot candles above ambient lighting, as measured at the property line of the nearest residentially zoned property. H. Digitally printed image murals shall be reviewed by the Development Review Committee and provide a recommendation to the City Council. I. Damaged Original Art Murals shall be repaired within ten (10) days of being damaged or vandalized. Such repairs may include slight and unintended deviations from the original image, colors, or materials. J. Original Art Murals vandalized by graffiti shall be repaired within twenty-four (24) hours of being damaged or vandalized. Such repairs may include slight and unintended deviations from the original image, colors, or materials. 5. Prohibited Art Murals This section states that murals may not include Constitutionally unprotected speech which includes any message or image that is outside the protection of the First Amendment of the United States Constitution and/or corollary provisions of the California Constitution, such as obscenity, and hate speech or imagery are prohibited. 6. Severability This section stipulates that if any part, sentence, phrase, clause, term, or word of Chapter 3.15 is declared invalid or unconstitutional by a valid court judgment or decree of any court of competent jurisdiction, the declaration of such invalidity or unconstitutionality shall not affect the constitutionality or lawfulness ofthe remainder of this Administrative Code, the City of Calipatria Zoning Ordinance, or any other City regulation regulating signage, billboards, or Original Art Murals. City ofCalipatria City Council Art! Mural Ordinançe! Introduction and First Reading March 11, 2025 Page 6 of7 1424142.349 - Art Mural Ordinance Staff Report & Reso ENVIRONMENTAL The textual amendment is exempt from the California Environmental Quality Act (CEQA). Pursuant to CEQA requirements a Notice ofl Exemption will be filed with the Office ofPlanning and Research citing an cxemption via Section 15061(b)(3) of the California Code of Regulations. Under this section, projects that can be seen with certainty to have no potential for causing a significant effect on the environment are not subject to CEQA. PUBLIC NOTICING Pursuant to Chapter 4.22 of the Zoning Ordinance, a public hearing notice was sent to a local newspaper for posting on February 25, 2025 and subsequently posted at City Hall. Refer to Attachment A - Posted Public Hearing Notice for additional information. PENDING ACTION Pursuant to Section 36934 of the California Government Code, the City Council must conduct a first reading by title only of the proposed amendment no less than five days prior to approving the ordinance update. Once an introduction and first reading has been completed, and all public comments have been considered, the item will be presented for a second reading and possible adoption or denial at the next available City Council meeting. Attachments: Attachment A - Posted Public Hearing Notice Attachment B - Planning Commission Modifications Attachment C - Draft City Council Ordinance Exhibit A - Draft Textual Amendments City ofCalipatria City Council Art! Mural Ordinance Introduction and First Reading March 11, 2025 Page' 7 of7 1424142.349 - Art Mural Ordinance Staff Report & Reso Attachment A - - Posted Public Hearing Notice Notice of Public Hearing City of Calipatria 1919 Notice is hereby given that a public hearing will be held by the City of Calipatria City Council at the date, time, and place indicated below. The purpose of the public hearing will be to hear comments from the public regarding the following subject: Project: Location: Introduction and first reading by title only of an ordinance Citywide amending Chapter 5.10 and adding Chapter 3.15 to allow for the installation of new original art murals and preservation of existing original art murals in the city. The City of Calipatria has received inquiries in the past relating to the installation of art murals in the city. As currently written, the City of Calipatria Zoning Ordinance does not provide guidance nor any standards and regulations for the installation of art murals in the city. Considering this, it is the intent of the City of Calipatria to amend its Zoning Ordinance to establish standards and regulations for art murals. The overall goal of the textual amendment is to encourage artistic expression, foster community pride, prevent vandalism on existing and proposed murals, and preserve existing murals that are a valued part of the history of Calipatria. The proposed amendment is exempt from the requirements ofthe California Environmental Quality Act (CEQA) via Section 15061(b)(3) of the California Code of Regulations. The proposed textual amendment was presented to the Planning Commission during a public hearing where the Commission motioned to recommend approval, with modifications, to the City Council. The purpose of this public hearing is to present the proposed textual amendment to the City Council where they will conduct an introduction and first reading by title only. City Council Hearing Date: March 11, 2025 Hearing Time: 6:00 PM Hearing Location: City Hall 125 North Park Avenue Calipatria, CA 92233 Copies of pertinent information are available for review at the City Hall during regular business hours. If you would like to know more about the proposed project prior to the public hearing, please contact Francisco Barba, Associate Planner, at (760) 337-3883 or via email at Datha@theholigroupnet: Any person desiring to comment on the above project may do sO in writing or may appear in person at the public hearing. Written comments should be directed to the Calipatria City Clerk, 125 North Park Avenue, Calipatria, CA 92233 and be delivered prior to the Public Hearing date. Please reference the project name in all written correspondences. Posted: Cquslustab Date: 3-25-25 Attachment B - Planning Commission Modifications DRAFT = ZONING TEXT AMENDMENT CITY OF CALIPATRIA = ZONING ORDINANCE TEXTUAL AMENDMENT FOR ART MURALS Underlined is proposed new language Siwie-houghirasisingimg-g-obedai-ael Standard type is existing language to be retained CHAPTER 3.15 ART MURALS Sections: 3.15.010 Purpose 3.15.020 Original Art Mural Registration 3.15.030 Grandfathering of Existing Original Art Murals 3.15.040 Original Art Mural Regulations 3.15.050 Prohibited Art Murals 3.15.060 Severability 3.15.010 Purpose A. These regulations relating to Original Art Murals in the City of Calipatria further the following purposes: (1) encouraging artistic expression; (2) fostering a sense of pride; (3) preventing vandalism at mural sites through the installation of murals that vandals are reluctant to disturb; and (4) preserving existing murals that are a valued part of the history of the City of Calipatria. B. The City wishes to encourage the installation of murals and, at the same time, prevent the proliferation of off-site commercial signs. Therefore, the City's mural regulations exclude commercial advertising on murals to prevent the installation oft the equivalent of an off-site commercial sign on a mural. This restriction on commercial advertising is intended to work in tandem with and help preserve the citywide prohibition of off-site commercial signs, including billboards, as restricted via Section 3.12.030(B)(9) of the City of Calipatria Zoning Ordinance. C. These mural regulations also promote public safety and welfare by regulating such displays in keeping with the following objectives: 1. That the design, construction, installation, repair and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety. 2. That the regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing and location of such displays. 3. That the public will enjoy the aesthetic benefits ofbeing able to view such displays in numbers and sizes that are reasonably and appropriately regulated without having to endure visual blight and traffic safety impacts that would be caused by such displays that are not reasonably and appropriately regulated. 4. That consideration will be given to equalizing the opportunity for messages to be displayed. 5. That adequacy of message opportunity will be available to sign users without dominating the visual appearance of the area. 6. That the regulations will conform to judicial decisions, thereby limiting further costly litigation and facilitating enforcement of these regulations. 7. To provide registration requirements and regulations for Original Art Murals as defined in Chapter 5.10 of the City of Calipatria Zoning Ordinance. 3.15.020 Original Art Mural Registration A. Authority. The Development Review Committee shall have the authority to determine whether an application for an Original Art Mural or Existing Original Art Mural meets all of the applicable registration requirements as established in this Chapter and provide a recommendation to the City Council. B. Administrative Rules. The Development Review Committee is authorized and directed to review and enforce the Mural Ordinance Administrative Rules in this Chapter. C. Neighborhood Involvement Requirement. All applications for an Original Art Mural or Existing Art Mural shall include a neighborhood involvement requirement. Specifically, an applicant for mural approval shall send notice of that application, in the form of door hangers. to the neighboring properties within a 600-foot radius of where the proposed mural will be installed at least 10 days prior to the Development Review Committee's sPAe r-t alsatiee.ypiwewiw-CamrdalwN Ifa door tag cannot be placed as a result of a property being vacant or undeveloped. a notice shall be mailed out to the owners of any vacant or undeveloped properties within the 600-meter radius. No mural shall be registered until the applicant certifies that the neighborhood involvement requirement has been completed. This is a procedural requirement only, and the Prejee-Development Review Committee shall review and provide a recommendation to the City Council. The City Council shall at all times retain sole authority to approve or deny an application for a mural based on the criteria in this Chapter. D. Fees. The City Council of the City of Calipatria shall adopt applicable fees for mural reviews. such fees shall be fixed by resolution and be in an amount cqual to the costs of processing original art mural review applications. 3.15.030 Grandfathering of Existing Original Art Murals Any existing Original Art Mural installed prior to the effective date of this Chapter, shall have legal nonconforming status and, notwithstanding any provision ofthis Chapter to the contrary, not require registration under this Chapter. But an existing Original Art Mural which has not gained legal nonconforming status through law other than this Chapter cannot qualify for legal nonconforming status under this Chapter ifit consists or contains any of the following: electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours). 3.15.040 Original Art Mural Regulations An Original Art Mural that meets all ofthe following content neutral requirements will be allowed upon satisfaction of the applicable registration procedures: A. Any alteration to an approved mural shall require approval by the Development Review Committee. "Alterations" include any change to a permitted mural, including, but not limited to, any change to the image(s), materials, colors or size of the permitted mural. "Alteration" does not include naturally occurring changes to the mural caused by exposure to the elements or the passage of time. Minor changes to the permitted mural that result from the maintenance or repair ofthe mural shall not constitute an "alteration". Such minor changes may include slight and unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time or as ai result ofvandalism. B. No part of a mural shall exceed the height of the structure to which it is tiled, painted or affixed. C. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted or affixed. D. No mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours). E. No mural, except for murals consisting completely of paint, shall be placed over the exterior surface ofa any building opening, including, but not limited to, windows, doors and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material permitted under this Chapter may be placed on roll down security doors on a commercial or industrial building. F. No mural shall be placed on a lot that is improved with only one single-family residential structure and accessory structures. G. No mural shall be arranged and illuminated in a manner that will produce a light intensity of greater than three-foot candles above ambient lighting, as measured at the property line oft the nearest residentially zoned property. H. Digitally printed image murals shall be reviewed by the Development Review Committee and provide a recommendation to the City Coumilreseine-approwa-ef-he-Ciy-of Calpatria-Ciy-Managerant-re-Depariment: L. Damaged Original Art Murals shall be repaired within ten (10) days oft being damaged or vandalized. Such repairs may include slight and unintended deviations from the original image, colors, or materials. J. Original Art Murals vandalized by graffiti shall be repaired within twenty-four (24) hours ofbeing damaged or vandalized. Such repairs may include slight and unintended deviations from the original image. colors. or materials. 3.15.050 Prohibited Art Murals Murals may not include Constitutionally unprotected speech which includes any message or image that is outside the protection of the First Amendment of the U.S. Constitution and/or corollary provisions of the California Constitution, such as obscenity, and hate spccch or imagery are prohibited. 3.15.060 Severability If any part, sentence, phrase, clause, term, or word of this Chapter is declared invalid or unconstitutional by a valid court judgment or decree of any court of competent jurisdiction, the declaration of such invalidity or unconstitutionality shall not affect the constitutionality or lawfulness of the remainder of this Administrative Code, the City of Calipatria Zoning Ordinance, or any other City regulation regulating signage, billboards, or Original Art Murals. CHAPTER 5.10 Definitions Sections: 5.10.020 Definitions 5.10.020 Definitions D. Definitions Development Review Committee. The Development Review Committee is composed of the following individuals or their representatives: . City Manager Fire Chief Police Chief a Public Works Director One ()City Council Member One (1) Planning Commission Member O. Definitions Original Art Mural. A one-of-a-kind, hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold. P. Definitions Public Art Installation. A facility, amenity or project that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold. Attachment C - - Draft City Council Ordinance Exhibit A - Draft Textual Amendments ORDINANCE NO. 02-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA AMENDING CHAPTER 5.10 AND ADDING CHAPTER 3.15 TO THE CITYOF CALIPATRIA ZONING ORDINANCE TO ALLOW FOR THE INSTALLATION OF NEW ORIGINAL ART MURALS AND PRESERVATION EXISTING ORIGINALART MURALS IN THE CITY WHEREAS, the City ofCalipatria has received inquiries in the past relating to the installation of art murals in the city; and WHEREAS, it is the City of Calipatria' 's intent to amend its Zoning Ordinance to establish standards and regulations for art murals; and WHEREAS, the goal of the textual amendment is to encourage artistic expression, foster community pride, prevent vandalism on existing and proposed murals, and preserve existing murals that are a valued part of the history ofC Calipatria; and WHEREAS, the proposed textual amendments consist ofincorporating a new art mural ordinance as Chapter 3.15 and amending Chapter 5.10 of the Zoning Ordinance to include definitions in relation to the new. art mural ordinance; and WHEREAS, a duly noticed public hearing was held on February 18, 2025, by the Planning Commission pursuant to Chapter 4.22 of the Zoning Ordinance where they adopted Resolution 2502 PC recommending that the City Council adopt the Zoning Text Amendment; and WHEREAS, the City Council held a duly noticed public hearing on March 11, 2025 where they conducted an introduction and first reading by title only and considered all comments for and against the ordinance; and WHEREAS, the City Council held a second reading by title only on March 25, 2025, where upon considering all comments and documentation for the Zoning Text Amendment, the City Council took action. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: SECTION 1: The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance. SECTION 2: The City of Calipatria Zoning Ordinance shall be amended with the changes and standards noted under Exhibit A - Zoning Text Amendments, incorporated hereto as referenced. 0311250RD SECTION 3: The City Council finds and determines that the text amendment is from further review from the California Environmental Quality Act (CEQA) via Section exempt oft the CEQA Guidelines for Implementation ofthe California Code of Regulations. 15061(b)(3) SECTION 4: Ifany section, part or provision of this Ordinance is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion ofthis Ordinance, and all sections, parts and provisions oft this Ordinance shall be severable. SECTION 5: This ordinance shall take effect and shall be in force thirty (30) days after the date of adoption, and prior to the expiration of fifteen (15) days from the passage thereof, shall be published at least once in a newspaper of general circulation printed and published in the City of Calipatria, together with the names of the members ofthe City Council voting for and the same. against PASSED, APPROVED AND ADOPTED by the City Council ofthe City of Calipatria at a regularly scheduled meeting held on this lIth day of March 2025, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Michael Luellen, Mayor Attest: Jane Hurtado, City Clerk 0311250RD Exhibit A - = Draft Textual Amendments DRAFT - ZONING TEXT AMENDMENT CITY OF CALIPATRIA = ZONING ORDINANCE TEXTUAL AMENDMENT FOR ART MURALS Underlined is proposed new language --- Standard type is existing language to be retained CHAPTER 3.15 ART MURALS Sections: 3.15.010 Purpose 3.15.020 Original Art Mural Registration 3.15.030 Grandfathering of Existing Original Art Murals 3.15.040 Original Art Mural Regulations 3.15.050 Prohibited Art Murals 3.15.060 Severability 3.15.010 Purpose A. These regulations relating to Original Art Murals in the City of Calipatria further the following purposes: (1) encouraging artistic expression; (2) fostering a sense of pride; (3) preventing vandalism at mural sites through the installation of murals that vandals are reluctant to disturb; and (4) preserving existing murals that are a valued part of the history oft the City of Calipatria. B. The City wishes to encourage the installation of murals and, at the same time, prevent the proliferation of off-site commercial signs. Therefore, the City's mural regulations exclude commercial advertising on murals to prevent the installation ofthe equivalent of an off-site commercial sign on ai mural. This restriction on commercial advertising is intended to work in tandem with and help preserve the citywide prohibition of off-site commercial signs, including billboards, as restricted via Section 3.12.030(B)(9) of the City of Calipatria Zoning Ordinance. C. These mural regulations also promote public safety and welfare by regulating such displays in keeping with the following objectives: 1. That the design, construction, installation, repair and maintenance of such displays will not interfere with traffic safety or otherwise endanger public safety. 2. That the regulations will provide reasonable protection to the visual environment by controlling the size, height, spacing and location of such displays. 3. That the public will enjoy the aesthetic benefits of being able to view such displays in numbers and sizes that are reasonably and appropriately regulated without having to endure visual blight and traffic safety impacts that would be caused by such displays that are not reasonably and appropriately regulated. 4. That consideration will be given to equalizing the opportunity for messages to be displayed. 5. That adequacy of message opportunity will be available to sign users without dominating the visual appearance of the area. 6. That the regulations will conform to judicial decisions, thereby limiting further costly litigation and facilitating enforcement oft these regulations. 7. To provide registration requirements and regulations for Original Art Murals as defined in Chapter 5.10 of the City of Calipatria Zoning Ordinance. 3.15.020 Original Art Mural Registration A. Authority. The Development Review Committce shall have the authority to determinc whether an application for an Original Art Mural or Existing Original Art Mural meets all of the applicable registration requirements as established in this Chapter and provide a recommendation to the City Council, B. Administrative Rules. The Development Review Committee is authorized and directed to review and enforce the Mural Ordinance Administrative Rules in this Chapter. C. Neighborhood Involvement Requirement. All applications for an Original Art Mural or Existing Art Mural shall include a neighborhood involvement requirement. Specifically, an applicant for mural approval shall send notice of that application, in the form of door hangers, to the neighboring properties within a 600-foot radius of where the proposed mural will be installed at least 10 days prior to the Development Review Committee's review. Ifa door tag cannot be placed as a result ofa aj property being vacant or undeveloped, a notice shall be mailed out to the owners of any vacant or undeveloped properties within the 600-meter radius. No mural shall be registered until the applicant certifies that the neighborhood involvement requirement has been completed. This is a procedural requirement only, and the Development Review Committee shall review and provide a recommendation to the City Council. The City Council shall at all times retain sole authority to approve or deny an application for a mural based on the criteria in this Chapter. D. Fees. The City Council of the City of Calipatria shall adopt applicable fees for mural reviews, such fees shall be fixed by resolution and be in an amount equal to the costs of processing original art mural review applications. 3.15.030 Grandfathering of Existing Original Art Murals Any existing Original Art Mural installed prior to the effective date of this Chapter, shall have legal nonconforming status and, notwithstanding any provision ofthis Chapter to the contrary, not require registration under this Chapter. But an existing Original Art Mural which has not gained legal nonconforming status through law other than this Chapter cannot qualify for legal nonconforming status under this Chapter ifit consists or contains any of the following: electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours). 3.15.040 Original Art Mural Regulations An Original Art Mural that meets all of the following content neutral requirements will be allowed upon satisfaction of the applicable registration procedures: A. Any alteration to an approved mural shall require approval by the Development Review Committee. "Alterations" include any change to a permitted mural, including, but not limited to, any change to the image(s), materials, colors or size of the permitted mural. "Alteration" does not include naturally occurring changes to the mural caused by exposure to the elements or the passage of time. Minor changes to the permitted mural that result from the maintenance or repair ofthe mural shall not constitute an "alteration". Such minor changes may include slight and unintended deviations from the original image, colors, or materials that occur when the permitted mural is repaired due to the passage of time or as a result of vandalism. B. No part of a mural shall exceed the height of the structure to which it is tiled, painted or affixed. C. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted or affixed. D. No mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours). E. No mural, except for murals consisting completely of paint, shall be placed over the exterior surface ofany building opening, including, but not limited to, windows, doors and vents. Notwithstanding the foregoing, a mural consisting of paint or any other material permitted under this Chapter may be plaçed on roll down security doors on a commercial or industrial building. F. No mural shall be placed on a lot that is improved with only one single-family residential structure and accessory structures. G. No mural shall be arranged and illuminated in a manner that will produce a light intensity of greater than three-foot candles above ambient lighting, as measured at the property line of the nearest residentially zoned property. H. Digitally printed image murals shall be reviewed by the Development Review Committee and provide a recommendation to the City Council. I. Damaged Original Art Murals shall be repaired within ten (10) days of being damaged or vandalized. Such repairs may include slight and unintended deviations from the original image, colors, or materials. J. Original Art Murals vandalized by graffiti shall be repaired within twenty-four (24) hours ofbeing damaged or vandalized. Such repairs may include slight and unintended deviations from the original image, colors, or materials. 3.15.050 Prohibited Art Murals Murals may not include Constitutionally unprotected speech which includes any message or image that is outside the protection of the First Amendment of the U.S. Constitution and/or corollary provisions of the California Constitution, such as obscenity, and hate speech or imagery are prohibited. 3.15.060 Severability If any part, sentence, phrase, clause, term, or word of this Chapter is declared invalid or unconstitutional by a valid court judgment or decrce of any court of competent jurisdiction, the declaration of such invalidity or unconstitutionality shall not affect the constitutionality or lawfulness of the remainder ofthis Administrative Code, the City ofCalipatria Zoning Ordinance, or any other City regulation regulating signage, billboards, or Original Art Murals. CHAPTER 5.10 Definitions Sections: 5.10.020 Definitions 5.10.020 Definitions D. Definitions Development Review Committee. The Development Review Committee is composed of the following individuals or their representatives: City Manager Fire Chief Police Chief Public Works Director One (1) City Council Member One (1) Planning Commission Member O. Definitions Original Art Mural. A one-of-a-kind, hand-painted, hand-tiled, or digitally printed image on the exterior wall of a building that does not contain any commercial message. For definition purposes, a commercial mcssage is any message that advertises a business conducted, services rendered, or goods produced or sold. P. Definitions Public Art Installation. A facility, amenity or project that does not contain any commercial message. For definition purposes, a commercial message is any message that advertises a business conducted, services rendered, or goods produced or sold. DISSCUSSION / ACTION City Council Staff 1919 Report To: City ofCalipatria City Council Laura Gutierrez, City Manager From: Jeorge Galvan, AICP, City Planner Prepared by: Francisco Barba, Associate Planner Date: March 11, 2025 Project: City of Calipatria Draft 2024 General Plan Annual Progress Report Summary: Subject of Report: City of Calipatria Draft 2024 General Plan Annual Progress Report Project Location: Citywide Recommended Action: Review the Draft 2024 General Plan Annual Progress Report and make a motion to adopt Resolution No. 25-10 adopting the draft 2024 General Plan Annual Progress Report Zoning: N/A General Plan: N/A Environmental: Exempt - 15061(b)(3) Common Sense Exemption INTRODUCTION AND BACKGROUND California Government Code Section 65300 requires that all cities and counties adopt a comprehensive, long-term General Plan for the physical development of a city or county. California Government Code Section 65400 further requires that all cities and counties submit an annual progress report on the General Plan and progress on its implementation to the City Council, the Governor's Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD) each year. The City of Calipatria adopted its last comprehensive General Plan update in conformance with Government Code Section 65300 in September of 2013. The Draft 2024 General Plan Annual Progress Report (APR) was prepared to ensure the City of Calipatria remains in compliance with Califomia Government Code Section 65400. To assist in the review of the General Plan APR, the report presents the following information: City of Calipatria City Council City of Calipatria General Plan Annual Progress Report 2024 - March 11,2 2025 Pagel of9 1421142.030 General Plan Annual Progress Report 2024.Staff Report & Reso Amendments to the General Plan in 2024. Actions carried out by the City that further General Plan goals and policies. Demographic and development changes that update the City's community profile. Housing Element implementation programs that have been completed, are in-progress, or are an on-going activity of the City. Housing Element implementation programs that have not yet been initiated but are recommended for initiation within the 6th Housing Element Cycle, or as resources are available. The item was presented to the City of Calipatria Planning Commission on February 18, 2025. Upon reviewing all pertinent documentation and considering all public comments the Planning Commission adopted Resolution No. 25-01 PC recommending adoption of the draft 2024 General Plan APR to the City Council. The purpose of this item is to provide an overview of the draft 2024 General Plan APR to the City Council where upon reviewing all comments and documentation for the report, a motion to adopt or not adopt the draft 2024 General Plan APR will be made to the City Council. ISSUES FOR DISCUSSION General Plan Annual Progress Reports. California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) on the General Plan and progress on its implementation to the City Council, the Governor's Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD) each The main purpose of the APR is to provide the City with an update of the progress year. in implementing its General Plan vision. This annual assessment grants the City an opportunity to adjust or modify its policies or approach to implementation to ensure that it meets its stated vision. A secondary purpose of the APR is to fulfill housing element statutory requirements regarding the City's progress in meeting its share of regional housing needs and its efforts to remove governmental constraints to the development of housing in accordance with Government Code Section 65584.3(c) and 65584.5(b)(5). The Draft 2024 General Plan APR was prepared to ensure the City of Calipatria remains in compliance with California Government Code Section 65400. To effectively conduct an in- depth review of the City of Calipatria General Plan, the 2024 annual progress report consists of the following information: 1. Status of Adopted General Plan Elements. The City of Calipatria General Plan is composed of seven mandatory elements consisting of Land Use, Circulation, Housing, Safety, Noise, Conservation, and Open Space Elements and an optional Airport Element. While the City is actively pursuing ways to further its General Plan goals and objectives, none oft the eight General Plan Elements were amended in 2024. While no amendments were completed in 2024, it is important to note that the City began the process to update the Zoning Ordinance which has certain aspects incorporated into the Land Use Element. The proposed updates consist of textual City ofCalipatria City Council City ofCalipatria General Plan Annual Progress Report 2024 - March 11, 2025 1421142.030- General Plan Annual Progress Report 2024:Staff Report & Reso Page 2 of9 amendments to the Zoning Ordinance to establish an Accessory Dwelling Unit (ADU) ordinance, update the density bonus ordinance, and alleviate constraints for the development of multi-family developments, emergency shelters, permanent supportive housing, residential care homes, farmworker housing, single room occupancies, and low barrier navigation centers in all residential and downtown zones. The textual amendments were reviewed and approved by the Planning Commission in December of 2024 and a final adoption by the City Council took place on January of 2025. The purpose of the textual amendment was to meet the following Housing Element programs: Program No. 2 Density Bonus and Incentives Program - The City will update its Zoning Ordinance to include amendments to the Density Bonus Law including but not limited to Assembly Bill (AB) 728. Program No. 7 Zoning Ordinance Review and Update - The City will update its Zoning Ordinance to establish an ADU ordinance, update the density bonus ordinance, and alleviate constraints for the production of a variety of housing types which includes emergency shelters, permanent supportive housing, residential care homes of seven or more people, low barrier navigation centers, farmworker housing, and single room occupancies. Program No. 21 Accessory Dwelling Units - The City will update its Zoning Ordinance to develop a new program to incentivize and promote ADUS or second dwellings for lower- to moderate-income households. 2. General Plan Policies and Objectives Progress. The City of Calipatria carried out numerous projects furthering the goals of the Land Use, Circulation, Conservation/Open Space and Housing Element. No notable updates, projects, nor actions were taken in 2024 in relation to the Noise and Airport Elements. Please refer to Table 1 for additional information. Table 1 City of Calipatria General Plan Policies and Objectives Progress Goal(s) and Objective(s)* Progress LU-1: Facilitate development of vacant and under-utilized Initiated textual land. amendments to the Zoning LU-2: Provide an adequate mix of low, medium, and high- Ordinance to facilitate density residential land uses to house people of all affordable housing. socioeconomic levels. HE-2: Update the Zoning Ordinance to include amendments to the Density Bonus Law including but not limited to Assembly Bill (AB) 728. HE-7: Update the Zoning Ordinance to establish an ADU ordinance, update the density bonus ordinance, and alleviate constraints for the production of a variety of City of Calipatria City Council City of Calipatria General Plan Annual Progress Report 2024 March 11, 2025 3 of9 1424142.030- General Plan Annual Progress Report 2024:Staff Report & Reso Page housing typcs. HE-21: Update the Zoning Ordinance to develop a new program to incentivize and promote ADUS or second dwellings for lower- to moderate-income households. LU-1: Facilitate development of vacant and under-utilized The environmental land. documentation for the LU-2: Provide an adequate mix of low, medium, and high- Eastside Specific Plan was density residential land uses to house people of all updated and is expected to socioeconomic levels. undergo state review in early to mid-2025. LU-8: Promote manufacturing and industrial development that takes advantage ofthe railroad through the city. LU-9: Promote commercial and mixed-use development that takes advantage of the highways passing through the city. COS-1: Provide open space that meets the needs of present The City ofCalipatria and future city residents and visitors. currently has $7,000,000 in awarded grant funds from the Statewide Park program with a due date of June 2028 for the Calipatria Community Park Project. COS-2: Maintain existing park resources for the enjoyment Began construction of the of all city residents. Hernandez Park Irrigation System and the City Facility Improvement project. C-1: Provide a roadway system that effectively facilitates Began and completed the the transport of goods and the installation of pedestrian design for the South Brown facilities for public use. Avenue Roadway Improvements between Main Street and Church Street. Construction is expected to begin in 2025. C-1: Provide a roadway system that effectively facilitates Submitted an allocation the transport of goods and the installation of pedestrian request to the Congestion facilities for public use. Mitigation and Air Quality (CMAQ) Program to receive funds for the Bonita Place Improvements between South Brown Avenue and International Boulevard. City ofCalipatria City Council City ofCalipatria General Plan Annual Progress Report 2024 March 11, 2025 Page 4 of9 1421142.030- General Plan Annual Progress Report 2024:Staff Report & Reso C-1: Provide a roadway system that effectively facilitates In 2024 the City of the transport of goods and the installation of pedestrian Calipatria submitted an facilities for public use. allocation request to the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) and received funds allocated for the purchase of crack seal equipment for future road improvement projects. S-2: Minimize the potential for loss of life, physical injury, Began the construction of property damage, and social disruption resulting from the Eastside Stormwater flooding. Improvement Project *LU = Land Use Element, HE = Housing Element, C= Circulation Element, COS = Conservation/Open Space Element, S = Safety Element 3. Community Profile Update. Calipatria's future is linked to its growth. Long-range planning can ensure continuity between development and the community's vision, goals, and policies. New patterns of development can sustain and enhance Calipatria' 's economic viability and livability. To assist with the General Plan review and analysis, a record of Calipatria's growth since the adoption of the General Plan in 2013 was prepared. The data in Tables 2 through 5 are taken from the United States Census Bureau American Community Survey (ACS) 5-Year Estimate Data Profiles, Estimates E-5 and E-8 from the California Department of Finance, and the California Department of Education's Data Quest for school enrollment data. The tables provide statistics for Calipatria on population and household characteristics, education and employment characteristics, and job sector characteristics, respectively. Table 2 City of Calipatria Population and Household Characteristics 2013-2023 Characteristic" 2013 2017 2021 2023 Population 7,574 7,426 7,247 6,549 Incarcerated Population (%) 20 53 57 47 Hispanic (%) 83 78 73 82 Non-Hispanic White (%) 7 5 7 7 Non-Hispanic Asian (%) 0.9 0.7 0.3 J Non-Hispanic Afriçan American (%) 7 14 17 10 Non-Hispanic Other Race (%) 0.1 0.3 0.7 0.2 Median Age 30.6 32.3 33.5 34.1 Household Size 3.71 3.69 3.26 3.19 Median Household Income ($) 33,893 35,486 39,217 52,672 Median Household Income Imperial County ($) 41,807 44,779 49,078 56,393 *ACS 5 Year Estimates 2013, 2017, 2021, & 2023 City of Calipatria City Council City of Calipatria General Plan Annual Progress Report 2024 - March 11, 2025 Page 5 of9 1421142.030- General Plan Annual Progress Report 2024:Staff Report & Reso Table 3 City of Calipatria Housing Characteristics 2013-2017 Characteristic 2013 2017 2021 2023 Number of Housing Units* 1,960 1,286 1,405 1,347 Owner Occupied (%)* 57 51 68 64 Renter Occupied (%)* 43 49 32 36 Single-Family Units (%)** 78 78 78 79 Multi-Family Units (%)** 17 17 17 16 Mobile Homes (%)** 5 5 5 5 Built After 1960 (%)* 85 85 76 67 Median Owner-Occupied Home Value ($)* 85,000 114,000 148,800 172,900 Renters Paying 30% or more of gross monthly income (%)* 56 50 57 41 Homeowners Paying 30% or more of 23 32 25 34 gross monthly income (%)* *ACS 5 Year Estimates 2013, 2017, 2021, & 2023, **CA Dept. Finance E-5 and E-8 Estimates Table 4 City of Calipatria Educational Characteristics 2013-2017 Characteristic 2013 2017 2021 2023 Public School Student Enrollment (K-12)* 1,174 1,168 1,143 1,086 High School Graduate or Higher (%)** 61 46 58 58 Bachelor's Degree or Higher (%6)** 56 2 1 3 Graduate or Professional Degree (%)** 1 1 1 1 *Data Quest, **ACS 5 Year Estimates 2013, 2017, 2021, & 2023 Table 5 City of Calipatria Employment Characteristics 2013-2017 Sector* 2013 2017 2021 2023 Employed Population 16 years and over 1,968 950 1,032 1,208 Education 418 219 199 234 Retail 250 105 90 113 Recreation 0 42 38 44 Public Administration 211 74 34 59 Construction 36 39 48 50 Transportation 233 92 45 81 Manufacturing 141 12 91 112 Finance 70 21 0 0 Professional 101 85 75 102 Wholesale 67 0 34 38 Information 0 12 0 0 Cityo ofCalipatria City Council City ofCalipatria General Plan Annual Progress Report 2024 - March 11, 2025 Page 6 of9 1421142.030. General Plan Annual Progress Report 2024:Staff Report & Reso Agriculture 397 233 339 353 Other 44 16 39 22 Drove Alone to Work (%) 70 79 88 89 Mean Travel Time to Work (minutes) 21.6 17.7 16.4 15.3 Median Earnings ($) 25,897 27,383 33,787 Unemployment (%) 13.9 19.3 15 12.5 *ACS 5 Year Estimates 2013, 2017, 2021,& 2023 4. Housing Element Progress. State law requires that each jurisdiction in California inçludes a Housing Element in its General Plan that establishes specific actions, objectives, and timelines for meeting its state mandated Regional Housing Needs Assessment (RHNA) for each income level. The RHNA is provided to jurisdictions in eight-year cycles. The current cycle is Cycle 6, which covers the time period of 2021 through 2029. Every year the City prepares an annual Housing Element Progress Report that it submits to California Housing & Community Development (HCD) and State Office of Planning and Research (OPR). Table 6 shows the City's progress in meeting the current RHNA 6th Cycle (October 15, 2021 to October 15, 2029). The 2024 Housing Element Annual Report also includes newly required data on the number of applications submitted to the city, the production of housing units, the number of applications that were approved by the Planning Commission or City Council, and the number of building permits that were issued. The intention is to monitor whether cities are limiting housing production through their approval processes by comparing the number of housing units applicd for to the number of housing units that were constructed. Table 7 shows that 4 residential units have been approved for development and are in the near future construction pipeline. City ofCalipatria City Council City ofCalipatria Gencral Plan Annual Progress Report 2024 March 11, 2025 Pagc 7 of9 1421142.030- General Plan Annual Progress Report 2024.Staff Report & Reso Table 6 City of Calipatria Cycle 6 RHNA Progress (Planning Period 10/15/21 to 10/15/2029) RHNA Total Total Income Level 2021 2022 2023 2024 Units to Allocation Remaining Date RHNA Deed Restricted Very Low 36 36 Non-Deed Restricted Deed Restricted Low 21 4 Non-Deed 17 Restricted - 3 Deed Restricted Moderate Non-Deed 16 4 12 Restricted 4 Above Moderate 78 4 4 74 Total RHNA 151 Total Units 5 3 4 12 139 Table 7 Submitted Housing Entitlement Applications 2024 Summary Total Housing Entitlement Applications 4 Number of Proposed Units in All Applications Received 4 Total Housing Units Approved 4 Total Pending Approval 0 ENVIRONMENTAL The General Plan Annual Progress Report is exempt from the California Environmental Quality Act (CEQA) via Section 15061(b)(3) of the California Code of Regulations. Under this section, projects that can be seen with certainty to have no potential for causing a significant effect on the environment are not subject to CEQA. The report is a summary of the progress the city has made towards achieving its General Plan goals and objectives in the past year. Therefore, the item does not constitute a "project" as defined by the California Code of Regulations and can be seen with certainty to have no potential for causing a significant effect on the environment. PENDING ACTION Upon reviewing and considering all pertinent information, the City Council may motion for either of the following actions: Adopt Resolution No. 25-10 adopting the draft 2024 General Plan Annual Progress Report; City ofCalipatria City Council City ofCalipatria General Plan Annual Progress Report 2024 - March 11, 2025 Page 8 of9 1421142.030 General Plan Annual Progress Report 2024:Staff] Report & Reso or Adopt Resolution No. 25-10 adopting the draft 2024 General Plan Annual Progress Report with modifications as deemed necessary by the City Council; or Not Adopt Resolution No. 25-10 rejecting adoption of the draft 2024 General Plan Annual Progress Report. Attachments: Attachment A - Draft 2024 General Plan Annual Progress Report Attachment B - Resolution No. 25-10 City ofCalipatria City Council City ofCalipatria General Plan Annual Progress Report 2024 - March 11, 2025 Page 9 of9 1421142.030 General Plan Annual Progress Report 2024/Staff Report & Reso Attachment A - Draft 2024 General Plan Annual Progress Report CITY OF CALIPATRIA GENERAL PLAN DRAFT GENERAL PLAN 2024 ANNUAL PROGRESS REPORT MARCH 2025 City of Calipatria 125 North Park Avenue Calipatria, CA 92233 Prepared by: The Holt Group, Inc. Engineering and Planning 1601 North Imperial Avenue EL Centro, CA 92243 Office: 760.337.3883 Fax: 760.337.5997 1IPage Table of Contents SECTION 1 - INTRODUCTION 3 A. Purpose of a General Plan. 3 B. Purpose of a General Plan Annual Report 3 SECTION 2 - STATUS OF THE ADOPTED ELEMENTS OF THE CITY'S GENERAL PLAN. 4 SECTION 3 - GENERAL PLAN AMENDMENTS 6 SECTION 4. - GENERAL PLAN POLICIES AND OBJECTIVES PROGRESS 7 A. Land Use Element. 7 B. Conservation and Open Space Element 8 C. Circulation Element. 9 D. Safety Element.. 10 E. Noise Element 11 F. Airport Element. 11 G. Housing Element.. 12 SECTION 5 - COMMUNITY PROFILE UPDATE. 12 SECTION 6 - HOUSING ELEMENT PROGRESS 14 2IPage City of Calipatria Annual General Plan Progress Report SECTION 1 - INTRODUCTION A. Purpose of a General Plan California law requires each city to adopt a comprehensive, long-term General Plan to guide the physical development of the incorporated area and land outside municipal boundaries that bear a relationship to its planning activities. In essence, a city's General Plan serves as the blueprint for future growth and development. The General Plan presents a vision for a city's future, and embodies goals, policies, and strategies to turn that vision into a reality. The City of Calipatria intends for these policies to facilitate better, faster, and cost-effective implementation tools to build a healthier, equitable, resilient, and economically vibrant future for its citizens. The General Plan includes seven mandatory elements consisting of Land Use, Circulation, Housing, Noise, Conservation, Open Space, and Safety elements. Each of the elements describes its purpose, its issues and opportunities, the background information and context for the various topics in the element, its goals and policies, and the implementation programs needed to achieve those goals. Incorporated within each element is Calipatria's vision for the future to create an economically sound and sustainable community with a diverse economy, expanded economic opportunities, and a balanced approach to business and development while meeting the housing, recreation, and quality of life needs of its residents. B. Purpose of a General Plan Annual Report California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) on the General Plan and progress on its implementation to the City Council, the Governor's Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD) each year. This document fulfills that mandate and was reviewed by the Planning Commission at its meeting of February 18, 2025, and approved by the City Council at its meeting of March 11, 2025. The previous General Plan Compliance Report submitted to the Governor's Office of Planning and Research (OPR) incorporated data from the period of January 2023 to December 2023. The current report will include a period from January 2024 to December 2024. The main purpose of the APR is to provide the City with an update of the progress in implementing its General Plan vision. This annual assessment grants the city Council an opportunity to adjust or modify its policies or approach to implementation to ensure thatthe city meets its stated vision. A secondary purpose of the APR is to fulfill housing element statutory requirements regarding the city's progress in meeting its share of regional housing needs and its efforts to remove governmental constraints to the development of housing in accordance with Government Code Section 65584.3(c) and 65584.5(b)(5). These have 3Page City of Calipatria Annual General Plan Progress Report separate reporting requirements and forms, which have been submitted electronically by the city prior to April 1stof each year. To assist in the review of the General Plan Progress Report, this report presents the following information: Amendments to the General Plan adopted by the city in 2024. Actions carried out by the city that further General Plan goals and policies. Demographic and development changes that update the city's community profile. Housing Element implementation programs that have been completed, are in- progress, or are an on-going activity of the city. Housing Element implementation programs that have not yet been initiated but are recommended for initiation within the 6th Housing Element Cycle, or as city resources are available. SECTION 2 - STATUS OF THE ADOPTED ELEMENTS OF THE CITY'S GENERAL PLAN As previously mentioned, state law requires that the General Plan includes seven elements. These mandatory elements must cover land use, circulation, housing, safety, noise, conservation, and open space. State law allows cities to adopt any additional General Plan Elements that it deems necessary. Additionally, elements may be combined as necessary. The City of Calipatria General Plan combines its Conservation and Open Space elements into a single element while an optional Airport Element was also implemented. None of the city's individual Elements were updated in 2024. The following is a breakdown of the city's General Plan: Table 1 City of Calipatria 2035 General Plan Elements General Plan Topics Covered Element Land Use Element The Land Use Element of the General Plan establishes Calipatria's fundamental land use philosophy, which is to enhance the economic health and vitality of the area while improving public health and social equity. Therefore, this Land Use Element focuses on the organization ofthe community's environment by establishing the type, intensity, location, and character of land uses that will be permitted in the future. Circulation The Circulation Element addresses broad issues of physical Element mobility meaning how goods and people move about within the 4IPage City of Calipatria Annual General Plan Progress Report Table 1 City of Calipatria 2035 General Plan Elements General Plan Topics Covered Element community. Transportation relates to land use, community design, air quality, energy consumption, and the city's infrastructure. Conservation/Open The purpose of the Conservation and Open Space Element is to Space Element guide the comprehensive and long-range preservation and conservation of open space and natural resources within and surrounding Calipatria. The conservation and sustainable stewardship of the city's natural (e.g. resources such as air quality, water, energy, and soil) for the protection of plant and wildlife habitats, and public health. Safety and welfare are key to achieving conservation priorities as Calipatria grows. Safety Element The Safety Element is concerned with identifying and, whenever possible, reducing the impact of natural and man-made hazards that may threaten the health, safety, and property of Calipatria residents, ousiness owners, and visitors. In addition, the Element emphasizes the importance of reducing risk and the effects of disaster prevention and/or preparedness. Hazards are an unavoidable aspect of life, and the Safety Element cannot eliminate risk completely. Instead, the Element contains policies to minimize the level of risk. Noise Element The Noise Element establishes performance goals, policies, and standards for the range of proposed land uses within Calipatria, including mobile and stationary noise sources. These goals, policies, and standards promote the city's vision for noise. The city's vision for noise is to provide an appropriate pattern ofland uses and help to ensure that the various sources of noise in the community do not expose residents, workers, or visitors to unacceptable noise levels. Airport Element This Airport Element provides a general discussion of the airport policy framework in Calipatria for the purposes of general land use planning. The city's vision for the Airport is to enhance economic opportunities related to the airport property and the surrounding areas while ensuring the safety of residents, visitors and businesses. This information does not take the place of an Airport Land Use Plan or an Airport Master Plan. Housing Element The Housing Element presents Calipatria's commitment to provide housing opportunities to meet the needs of all economic segments of the community. 5/Page City of Calipatria Annual General Plan Progress Report SECTION 3. - GENERAL PLAN AMENDMENTS State law allows the General Plan to be amended four times annually. This allows the General Plan to remain responsive to the community's needs. Requests for amendments may be submitted by individuals or initiated by the city. Each General Plan Amendment is evaluated to ensure that they are in the public interest, are not detrimental to the public health, safety and welfare, and are deemed consistent with the overall vision, goals, and objectives contained in the General Plan. None of the city's individual Elements were updated in 2024; however, the city began the process to update the Zoning Ordinance which has certain aspects incorporated into the Land Use Element. The proposed updates consist of textual amendments to the Zoning Ordinance to establish an Accessory Dwelling Unit (ADU) ordinance, update the density bonus ordinance, and alleviate constraints for the development of multi-family developments, emergency shelters, permanent supportive housing, residential care homes, farmworker housing, single room occupancies, and low barrier navigation centers in all residential and downtown zones. The textual amendments were reviewed and approved by the Planning Commission in December of 2024 and ai final adoption by the City Council took place in January of 2025. The purpose of the textual amendment is to meet the following Housing Element programs: Program No. 2 Density Bonus and Incentives Program - The city will update its Zoning Ordinance to include amendments to the Density Bonus Law including but not limited to Assembly Bill (AB) 728. Program No. 7 Zoning Ordinance Review and Update - The city will update its Zoning Ordinance to establish an ADU ordinance, update the density bonus ordinance, and alleviate constraints for the production of a variety of housing types which includes emergency shelters, permanent supportive housing, residential care homes of seven or more people, low barrier navigation centers, farmworker housing, and single room occupancies. Program No. 21 Accessory Dwelling Units - The city will update its Zoning Ordinance to develop a new program to incentivize and promote ADUS or second dwellings for lower- to moderate-income households. 6/Page City of Calipatria Annual General Plan Progress Report SECTION 4. - GENERAL PLAN POLICIES AND OBJECTIVES PROGRESS A. Land Use Element The Land Use Element of the General Plan establishes Calipatria's fundamental land use philosophy, which is to enhance the economic health and vitality of the area while improving public health and social equity. Therefore, the Land Use Element focuses on the organization of the community's environment by establishing the type, intensity, location, and character of land uses that will be permitted in the future. The Element is intended to promote infill, social equity, a jobs/housing balance and economic development by supporting diverse housing options, encouraging "mixed-use" development in the Downtown District, and enhancing industrial and commercial development along transportation corridors. Calipatria's vision is to promote social equality amongst all residents, infill development, a jobs/housing balance and increased economic development opportunities. Based upon this vision, the following land use goals, policies and implementation measures have been developed and sited into one ofthree categories: General Land Use, Downtown District, and Economic Development. The following table provides a list of the Land Use Elements goals and policies the city has made progress towards achieving in the past year. Table 2 City of Calipatria Land Use Element 2024 Progress Goal No. Objective Progress LU-1 Facilitate The City of Calipatria began the process of a textual development of amendment to facilitate the development of various types vacant and of housing across all residential and commercial zones in under-utilized the city. The amendment was adopted in January of 2025. land. The City of Calipatria made progress towards the development of the Eastside Specific Plan which will rezone the eastern half of the city across the railroad tracks into multiple mixed-use zones. The plan is intended to facilitate development and encourage developer interest in the underdeveloped east portion of the city. The environmental documentation is being updated and is expected to undergo state review in early to mid-2025. LU-2 Provide an The City of Calipatria began the process of a textual adequate mix of amendment to facilitate the development of various types low, medium, and of housing across all residential and commercial zones in high-density the city. The textual amendment will permit various residential land housing types, sizes, and affordability across all uses to house residential and commercial zones in the city. The people of all 7IPage City of Calipatria Annual General Plan Progress Report Table 2 City of Calipatria Land Use Element 2024 Progress Goal No. Objective Progress socioeconomic amendment is expected to finalize and go into effect in levels. early 2025. The City of Calipatria made progress towards the development of the Eastside Specific Plan which will rezone the eastern half of the city across the railroad tracks into multiple mixed-use zones. The plan is intended to facilitate development and encourage developer interesti in the underdeveloped east portion of the city. The plan will also allow multiple permitted residential uses of all sizes and affordability levels. The environmental documentation is being updated and is expected to undergo state reviewin early to mid-2025. LU-8 Promote The City of Calipatria made progress towards the manufacturing development of the Eastside Specific Plan which will and industrial rezone the eastern half of the city across the railroad development that tracks into multiple mixed-use zones. The plan will takes advantage maintain the numerous commercial and industrial uses of the railroad while allowing mixed-use developments to attract through the city. developer interest. The environmental documentation is being updated and is expected to undergo state review in early to mid-2025. LU-9 Promote The City of Calipatria made progress towards the commercial and development of the Eastside Specific Plan which will mixed-use rezone the eastern half of the city across the railroad development that tracks into multiple mixed-use zones. The plan will takes advantage maintain the numerous commercial and industrial uses of the highways while also permitting mixed-use developments to attract passing through developer interest. The environmental documentation is the city. being updated and is expected to undergo state review in early to mid-2025. B. Conservation and Open Space Element The purpose of the Conservation and Open Space Element is to guide the comprehensive and long-range preservation and conservation of open space and natural resources within and surrounding Calipatria. Conservation is defined in the General Plan as the careful preservation, protection, or planned management of a natural resource to prevent its exploitation, destruction, or neglect. The term sustainable has become common parlance 8Page City of Calipatria Annual General Plan Progress Report when referring to principles, practices, and application of techniques that conserve energy, water, and other natural resources; manage the use of renewable and non-renewable resources in an efficient and responsible manner with an emphasis on self-sufficiency; preserve and improve the environment, from the local to the global level; reduce pollution and solid waste; improve human health and safety; and strengthen the economy. Calipatria's vision for open space and conservation includes preservation of agricultural lands and sensitive habitats/species, promotion of renewable energy, and the incorporation of sustainability into city policy. The conservation and sustainable stewardship of the city's natural resources- -such as air quality, water, energy, and soil-for the protection of plant and wildlife habitats, and public health, safety and welfare are key to achieving the conservation priorities as Calipatria grows. The following table provides a list of the Conservation and Open Space Elements goals and policies the city has made progress towards achieving in the pasty year. Table 3 City of Calipatria Land Use Element 2024 Progress Goal No. Objective Progress COS-1 Provide open The City of Calipatria currently has $7,000,000 in grant space that meets funds from the Statewide Park program with a due date of the needs of June 2028 for the Calipatria Community Park Project. present and Throughout 2024, the City of Calipatria has been actively future city searching for and applying for additional funding residents and opportunities to further fund the development of the visitors. community park. COS-2 Maintain existing The City of Calipatria began construction of the park resources Hernandez Park Irrigation System and the City Facility fori the enjoyment Improvement project. The project consists of extending a of all city newi irrigation line from a nearby Imperial Irrigation District residents. (IID) raw water canal for irrigation purposes, and the installation of hands-free washing stations playground equipment, shade structures, fencing, and ADA compliant picnic tables in Hernandez Park and Rademacher Park. Construction is expected to be finalized within the first months of 2025. C. Circulation Element The Circulation Element addresses broad issues of physical mobility meaning how goods and people move about within the community. Transportation relates to land use, communitydesign, air quality, energy consumption, and the city'sintrastructure. Calipatria's 9Page City of Calipatria Annual General Plan Progress Report vision is to provide a multimodal transportation system that effectively facilitates the transport of goods and people throughout the city and to adjacent cities. The Circulation Element presents the physical and operational conditions of the circulation network in Calipatria, including an evaluation of existing conditions for local roadways, traffic safety, parking, public transit, air and freight transit, and bicycle and pedestrian circulation within the city. In addition, the element describes the key terms and methodologies that explain the current conditions and the identified deficiencies in Calipatria's transportation system, along with the regulatory framework affecting transportation in the city. This is the basis for the goals, policies and implementation actions described in this Circulation Element. The following table provides a list of the Circulation Elements goals and policies the city has made progress towards achieving in the past year. Table 4 City of Calipatria Circulation Element 2024 Progress Goal No. Objective Progress C-1 Provide a In 2024 the City of Calipatria began and completed the roadway system design for the South Brown Avenue Roadway that effectively Improvements between Main Street and Church Street. facilitates the The project consists of repaving the roadway along with transport of the installation of pedestrian facilities for public use. goods and people Construction is expected to begin in 2025. throughout the In 2024 the City of Calipatria submitted an allocation city and adjacent request to the Congestion Mitigation and Air Quality cities. (CMAQ) Program to receive funds for the Bonita Place Improvements between South Brown Avenue and International Boulevard. The request is under review and the design phase will proceed after the approval of the allocation request. In 2024 the City of Calipatria submitted an allocation request to the Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) and received funds allocated for the purchase of crack seal equipment for future road improvement projects. D. Safety Element The Safety Element is concerned with identifying and, whenever possible, reducing the impact of natural and man-made hazards that may threaten the health, safety, and property of Calipatria residents, business owners, and visitors. In addition, the Element emphasizes the importance of reducing risk and the effects of disaster prevention and/or preparedness. 10IPage City of Calipatria Annual General Plan Progress Report Hazards are an unavoidable aspect of life, and the Safety Element cannot eliminate risk completely. Instead, the Element contains policies to minimize the level of risk. The Element provides a broad survey of hazards in Calipatria for the purposes of general land use planning. This information does not take the place of site-specific evaluations by qualified professionals. The city will use the goals, policies, and implementation actions to review individual development proposals and site assessments. The city's vision for Safety is to minimize to the extent possible the impact of natural and man-made hazards that may threaten the health, safety, and property of Calipatria residents, business owners, and visitors. The following table provides a list of the Safety Elements goals and policies the city has made progress towards achieving in the past year. Table 5 City of Calipatria Safety Element 2024 Progress Goal No. Objective Progress S-2 Minimize the In 2024 the City of Calipatria began the construction ofthe potential for loss Eastside Stormwater Improvement Project which will of life, physical provide flood protection to the east side of the city via the injury, property development of a new stormwater retention basin and damage, and other stormwater collection facilities. Construction is social disruption expected to end early to mid-2025 resulting from flooding. E. Noise Element The purpose of the Noise Element is to limit the exposure of the community to excessive noise levels. It is to be used to guide decisions concerning land use and the location of common sources of excessive noise. To that end, the Noise Element identifies and addresses noise sources. The Noise Element also establishes performance goals, policies, and standards for the range of proposed land uses present within Calipatria, including mobile and stationary noise sources. These goals, policies, and standards promote the city's vision for noise. The city's vision for noise is to provide an appropriate pattern of land uses and help to ensure that the various sources of noise in the community do not expose residents, workers, or visitors to unacceptable noise levels. No notable updates, projects, or actions were taken in 2024 in relation to the Noise Element. F. Airport Element The purpose of the Airport Element is to outline the ways in which the Cliff Hatfield Memorial Airport interacts with the land uses around it, as well as to guide the role of the airport in the local economy. While there can be a mutually beneficial economic relationship between the 11IPage City of Calipatria Annual General Plan Progress Report airport and the surrounding community, there are also certain risks associated with airport proximity. The Cliff Hatfield Memorial, Airporti is in the northwest corner of the city. The airport site encompasses about 200 acres and has two asphalt runways that are each 3,440 feet long and 50 feet wide. Runway 8 has a western approach and Runway 26 has an eastern approach. Air traffic is primarily limited to agricultural aircraft and some chartered flights. There are currently no commercial flights at the airport. No notable updates, projects, or actions were taken in 2024 in relation to the Noise Element. G. Housing Element The Housing Element represents Calipatria's commitment to providing housing opportunities to meet the needs of all economic segments of the community. As part of the City of Calipatria 2035 General Plan, the Housing Element was developed to ensure that the city establishes a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing for all current and future residents of Calipatria. The 6th Cycle Housing Element establishes policies that will guide the city's decision-making process and establishes an implementation program to achieve housing goals through the year 2029. Please refer to Section 6 - Housing Element Progress for additional information on the City of Calipatria 6th Cycle Housing Element. SECTION 5. - COMMUNITY PROFILE UPDATE Calipatria's future is linked to its growth. Long-range planning can ensure continuity between development and the community's vision, goals, and policies. New patterns of development can sustain and enhance Calipatria's economic viability and livability. To assist decisionmakers in its General Plan review and analysis, this section presents a record of Calipatria's growth since the adoption of the General Plan in 2013. The data in Tables 6 through 9 are taken from the United States Census Bureau American Community Survey (ACS) 5-Year Estimate Data Profiles, Estimates E-5 and E-8 from the California Department of Finance, and the California Department of Education's Data Quest for school enrollment data. The tables provide statistics on population and household characteristics, education and employment characteristics, and job sector characteristics, respectively. Table 6 City of Calipatria Population and Household Characteristics 2013-2023 Characteristic* 2013 2017 2021 2023 Population 7,574 7,426 7,247 6,549 Incarcerated Population (%) 20 53 57 47 Hispanic (%) 83 78 73 82 Non-Hispanic White (%) 7 5 7 7 Non-Hispanic Asian (%) 0.9 0.7 0.3 0 12/Page City of Calipatria Annual General Plan Progress Report Non-Hispanic African American (96) 7 14 17 10 Non-Hispanic Other Race (%) 0.1 0.3 0.7 0.2 Median Age 30.6 32.3 33.5 34.1 Household Size 3.71 3.69 3.26 3.19 Median Household Income ($) 33,893 35,486 39,217 52,672 Median Household Income Imperial County ($) 41,807 44,779 49,078 56,393 *ACS 5 Year Estimates 2013, 2017, 2021, & 2023 Table 7 City of Calipatria Housing Characteristics 2013-2023 Characteristic 2013 2017 2021 2023 Number of Housing Units* 1,960 1,286 1,405 1,347 Owner Occupied (%6)* 57 51 68 64 Renter Occupied (%6)* 43 49 32 36 Single-Family Units (%6)** 78 78 78 79 Multi-Family Units (%)** 17 17 17 16 Mobile Homes (%)** 5 5 5 5 Built After 1960 (%6)* 85 85 76 67 Median Owner-Occupied Home Value ($)* 85,000 114,000 148,800 172,900 Renters Paying 30% or more of gross monthly income (%6)* 56 50 57 41 Homeowners Paying 30% or more of gross monthly income (%6)* 23 32 25 34 *ACS 5 Year Estimates 2013, 2017, 2021, & 2023, **CA Dept. Finance E-5 and E-8 Estimates Table 8 City of Calipatria Educational Characteristics 2013-2023 Characteristic 2013 2017 2021 2023 Public School Student Enrollment (K-12)* 1,174 1,168 1,143 1,086 High School Graduate or Higher (%6)** 61 46 58 58 Bachelor's Degree or Higher (%6)** 56 2 1 3 Graduate or Professional Degree (%6)** 1 1 1 1 *Data Quest, **ACS 5 Year Estimates 2013, 2017, 2021, & 2023 Table 9 City of Calipatria Employment Characteristics 2013-2023 Sector* 2013 2017 2021 2023 Employed Population 16 years and over 1,968 950 1,032 1,208 Education 418 219 199 234 13/Page City of Calipatria Annual General Plan Progress Report Retail 250 105 90 113 Recreation 0 42 38 44 Public Administration 211 74 34 59 Construction 36 39 48 50 Transportation 233 92 45 81 Manufacturing 141 12 91 112 Finance 70 21 0 0 Professional 101 85 75 102 Wholesale 67 0 34 38 Information 0 12 0 0 Agriculture 397 233 339 353 Other 44 16 39 22 Drove Alone to Work (%) 70 79 88 89 Mean Travel Time to Work (minutes) 21.6 17.7 16.4 15.3 Median Earnings ($) 25,897 27,383 33,787 Unemployment (%) 13.9 19.3 15 12.5 *ACS 5 Year Estimates 2013, 2017, 2021, & 2023 SECTION 6 - HOUSING ELEMENT PROGRESS State law requires that each jurisdiction in California includes a Housing Element in its General Plan that establishes specific actions, objectives, and timelines for meeting its state mandated Regional Housing Needs Assessment (RHNA) for each income level. The RHNA is provided to jurisdictions in eight-year cycles. The current cycle is Cycle 6, which covers the time period of 2021 through 2029. Every year the city prepares an annual Housing Element Progress Report that it submits to California Housing & Community Development (HCD) and State Office of Planning and Research (OPR). Table 10 on the following page is the city's progress in meeting the current RHNA 6th Cycle (October 15, 2021, to October 15, 2029). Table 13 reports on the city's progress in implementing its housing related programs, taken from the Summary of the 2024 Housing Element Annual Report. The 2024 Housing Element Annual Report also includes newly required data on the number of applications submitted to the city, production of housing units, the number of applications that were approved by the Planning Commission or City Council, and the number of building permits that were issued. The intention is to monitor whether cities are limiting housing production through their approval processes by comparing the number of housing units applied for to the number of housing units that were constructed. Table 11 shows that 4 residential units have been approved for development in 2024 and are in the near future construction pipeline. 14/Page City of Calipatria Annual General Plan Progress Report Table 10 City of Calipatria Cycle 6 RHNA Progress (Planning Period 10/15/21 to 10/15/2029) RHNA Total Total Income Level Allocation 2021 2022 2023 2024 2025 2026 2027 2028 2029 Units to Remaining Date RHNA Deed Restricted Very Low 36 0 Non-Deed 36 Restricted - Deed Restricted Low 21 Non-Deed 4 17 Restricted 1 3 Deed Restricted Moderate Non-Deed 16 4 12 Restricted 4 Above Moderate 78 4 4 74 Total RHNA 151 Total Units U 5 3 4 12 139 Table 11 Submitted Housing Entitlement Applications 2024 Summary Total Housing Entitlement Applications 4 Number of Proposed Units in ALL Applications Received 4 Total Housing Units Approved 4 Total Pending Approval 15]Page City of Calipatria Annual General Plan Progress Report Table 12 2024 City of Calipatria Housing Development Applications Submitted Project Identifier Proposed Units Affordability by Household Income Level Very Low Very Low Low Non- Moderate Moderate Total Total APN Address Deed Non-Deed Low Deed Deed Deed Non-Deed Above Proposed Restricted Moderate Approved Restricted Restricted Restricted Restricted Restricted Units Units 639 East Bonita 023-352-015 Street 1 1 1 254 South 023-333-016 Brown Avenue 1 1 1 615 East Alamo 023-343-014 Street 1 1 1 023-344-014 589 East Alamo Street 1 1 1 Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation First-Time Homebuyer The city will continue to consider and act on making a financial The city is in the process of Program contribution, in accordance with the adopted Annual Budget preparing their annual budget Plan, towards the established and on-going First-Time and is also working on Homebuyers Program annually. City staff will also send out preparing the information for informative brochures and use other media tools to increase public outreach. application submittals in January 2024. Density Bonus and The city will continue to create a budget amendment to provide An updated density bonus Incentives Program incentives such as flexible zoning regulations, increase in lot ordinance was presented and coverage percentage, waived application fees, expedited approved by the Planning 16IPage City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation permitting process, or other incentives identified that may Commission on December 17, assist with the development of residential projects, targeting 2024. The ordinance was housing affordability to low and very low income households or approved by the City Council special needs groups, such as through the provision of on and in January of 2025. off-site infrastructure improvements and/or subsidized development fees and/or deviation of certain development standards (i.e. setbacks, parking requirements, lot coverage, etc.). The city anticipates breaking ground on approximately 12 single-family homes, 40 multi-family units, and 4 multi-family units by 2025, all of which are affordable. This data is based on current Building Permits received within the past two years and developer interest in certain vacant. These projected units are or will be located in the southeast quadrant of the city. With this program, the city will facilitate the construction of these units by implementing the Density Bonus incentives previously listed. The city will also update the Zoning Update to include amendments to the Density Bonus laws per Senate Bill 728. The city anticipates completing the Zoning Ordinance update by October 2023. Furthermore, the city will encourage density bonuses for projects that are proposed to be constructed at a lesser density. Self-Help Housing The city will coordinate with the Coachella Valley Housing The city is in the process of Program Coalition and other agencies outside of the region who contacting the Coachella participate in self-help projects that may be interested in 17IPage City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation pursuing a local project. The city will hold a workshop at least Valey Housing Coalition for every two years during the 2021-2029 planning period. Once assistance in the program. interested agencies and households are identified, the city will support and assist in the applications for funding. The city will also make efforts to advertise and bring awareness to this housing program using several marketing tools and will prioritize the grant application submittal and will utilize media tools to encourage public participation and promote this program. The city anticipates establishing this program by October 2025. Pursue Key Federal On an annual basis, between 2021 and 2029, the city staff will The city is constantly Funding Sources for continue to support or pursue additional funding sources for searching for new Affordable Housing, affordable housing development in the City of Calipatria. The opportunities to improve funding Community city will also make efforts to seek funding opportunities to public infrastructure and Revitalization, and Public revitalize the community and improve public infrastructure to create new affordable Infrastructure attract housing developers and businesses. While working with opportunities. The city housing applied affordable housing developers, the city will encourage for and was granted $1.5 developers to construct housing targeted for special needs million in funding from the groups with the intent of providing more affordable housing SCAG REAP 2.0 Regional options, specifically targeting the northeast quadrant of the Utilities Supporting Housing city. The city will make efforts to apply for such grants upon Program to revitalize the Delta funding availability and will make it a goal to apply and secure Street pump station. By funds for a minimum of three grants by December 2026. improving the city's sewage infrastructure, developers will 18IPage City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation be encouraged to construct infill developments. Planned Unit In 2013, the city established a Planned Unit Development (PUD) An ordinance update was Development Program Ordinance to provide flexible development options. Concurrent presented and approved by the with Program #7, the city will update the Zoning Ordinance to Planning Commission on include specific language that PUD's should target flexible December 17, 2024. The development standards for affordable housing development ordinance was approved by projects by October 2023. the City Council in January of 2025. Tax Credit Rental Projects City staff will continue to support developers in the pursuit of The city communicates with tax credits to fund the construction of multi-family rental units developers and is determined in the city, specifically for targeting construction in the to assist any who are northeast quadrant of the city, identified as a city's action to interested in applying for tax further fair housing. Developers will be provided with credits. informational brochures regarding tax credits upon their first visit to the City of Calipatria and the city will remain available to assist developers with the tax credit application process. City staff will make it a priority to analyze program effectiveness every 4 years and hopes to assist at a minimum of one housing developer with an application by the end of August 2025. Zoning Ordinance Review During the implementation of this program, the city will An update to the zoning and Update carefully assess the existing Zoning Ordinance to identify or ordinance was presented and 19IPage City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation exclude language that creates barriers to fair housing or that approved by the Planning may impede the construction of affordable housing options. Commission on December 17, This objective aligns with the city's action to further fair housing 2024. The ordinance was and eliminate fair housing issues. The City of Calipatria City approved by the City Council Council will conduct a review of the existing Zoning Ordinance in January of 2025. and will amend the Zoning Ordinance by October 2023 to address potential constraints and comply with State law. Streamune Permitting Continue to streamline the permitting process for projects that The city continues to Processing include affordable housing targeted towards seniors and lower- streamline the permit process and moderate-income households. Concurrent with Program for affordable housing projects #7, city staff will update Zoning Ordinance to include practices and is in the process of and procedures to ensure compliance with SB 35 - Ministerial updating its Zoning Ordinance. Streamlined Permitting Process for Affordable Housing Projects. Zoning Update is anticipated to be completed by October 2023. Housing Rehabilitation City staff will review and amend the Housing Rehabilitation The city is currently reviewing Program Program guidelines periodically and target assistance to 15 its housing rehabilitation lower and extremely low-income households, and special program and will implement priority to persons with disabilities including developmental changes if needed. disabilities. The city will conduct its first review with amendments as necessary and is anticipated to be completed by January 2025. The city will make it a goal to assist approximately 15 extremely low, low- and very low-income 20Page City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation nouseholds over the planning period. As needed, the city will apply to the State. Weatherization Program The city will continue to advertise the weatherization program in The city continues to refer its housing rehabilitation brochures and will conduct outreach residents to both the housing periodically through service bill communication devices. The rehabilitation and IID city will continue to support IID programs to promote energy weatherization programs and conservation. The city will also support state energy efficiency encourages energy requirements in new housing and encourage the installation of conservations. energy saving devices in pre-1980 housing. The city will encourage cost effective energytechnologles with both positive economic and environmental impacts, e.g., passive solar space heating and cooling and water conservation. With this program, the city anticipates assisting at a minimum of 20 households and a maximum of 40 homes throughout the community that will essentially improve housing conditions and reduce energy costs for low-income households. Concurrently with Program #22, the city will include this program in the Community Outreach for Housing Assistance and Resources Program by July 2023. Section 8 Rental The Imperial Valley Housing Authority will conserve the 40 The city is in the process of Assistance existing rent subsidies for very low-income households. The city contacting the IVHA to Certificate/Voucher will continue to support the IVHA's efforts in pursuing additional conserve all existing rent Program allocation of Section 8 funds. Additionally, city staff will assist 21Page City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Status of Program Name of Program Objective Implementation IVHA to pursue 20 additional subsidies to provide more housing subsidies and assist in opportunities, specifically for the southeast quadrant of the city noticing requirements. where most of the future housing projects will be located. This program would alleviate overcrowding and increase affordable housing supply. This objective supports the city's action for furthering fair housing and would address housing issues. Support may take the form of providing letters of support to be included in the IVHA's application package to HUD. The city will modify the program goal to assist IVHA with noticing requirements within 3 years, 12 months, and 6 months of the affordability expiration date per Government Codes 65863.10, 65863.11, and 65863.13. Preservation of Publicly The city will continue to maintain contact with the owners of The city continues to maintain Assisted Low Income Cottonwood Creek, Casa del Sol, and Villa Esperanza contact with the owners of the Housing Apartments through a written log of phone and in-person Cottonwood Creek, Casa del conversation conducted at a minimum, every six months, and, Sol, and Villa Esperanza if necessary, work with other non-profits in the rare event that Apartments one of these Apartment buildings is in danger of converting to all market rate rents. Support IVHA to maintain ownership of their 40 publicly owned and subsidized housing units. The objective of this program would ensure that households, specifically affordable housing units in the southwest and southeast portion of the city, can continue to afford their 22 IPage City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation housing costs which would ensure fair housing and prevent displacement. Land Use Plan The city will continue to ensure that sites designated for The city is currently working on Update/Zone Changes residential development are reserved for residential land uses, zone changes for the east side and restricted from rezoning to nonresidential uses, to fulfill specific plan and is expected Calipatria's regional housing needs by income group. The city to be completed in 2025. will discuss possible land use updates and rezoning to facilitate residential development. The rezoning process is expected to be completed by October 2022. The Land Use Plan shall be reviewed within the 2021-2029 planning period to ensure that the designation of residential sites within the incorporated City limits and outside within the Sphere of Influence are adequate to accommodate the allocations by the Regional Housing Needs Assessment and the city's population growth projections. Furthermore, during the implementation of this program, city staff will geographically target the northeast quadrant and analyze vacant parcels in this area and their potential to accommodate affordable housing. This objective will further fair housing as it will remove any land use regulations that may currently impede with the construction of multi-family housing or other affordable housing options. This objective supports the city's action to further fair housing. The rezoning process will also allow the development for housing that includes 20 percent or more of its units affordable to lower- 23IPage City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Status of Program Name of Program Objective Implementation income households by-right pursuant to Government Code Section 65583.2(1). The rezoning process is expected to be completed by the end of October 2022. Furthermore, the city owned site 5 associated with APN 023-485-006, will comply with the Surplus Land Act (commencing with Government Code Section 54220). Development The city will continue to review all proposed development for The city continues to review all Consistency with consistency with the adopted plans, policies, and regulatory proposed developments for Adopted Plans codes to preserve adequate residential sites for the orderly consistency with the adopted growth and development of the community and to ensure that plans, policies, and regulatory the housing needs of the community are able to be addressed. codes. The city shall not approve inconsistent rezoning or reclassification of sites designated for residential uses unless an equally comparable site is exchanged. Housing Condition The city conducted a housing condition survey on September 2, The city is in the process of Survey 2021, and will continue to conduct these surveys at least once preparing resources and during the upcoming Housing Element Plan periods and programs for applicants. prioritize the units in need of maintenance/rehabilitation fori the City's Housing Rehabilitation Program. This report will be presented to City Council for their review and action as necessary. Concurrently with Program #22, the city will ensure that residents are aware of the resources and programs offered 24IPage City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation within the city, including the Housing Rehabilitation Program by July 2023. Development Impact The city shall prepare an RFP for the comprehensive The city is currently reviewing Fee/Iifrastructure infrastructure assessment and update to the city's the programs to determine Assessment Development Impact Fee Program by January 2023. whether an update will be required. Fair Housing Program The City Clerk of Calipatria is responsible for referring any fair The city continues to promote housing complaints to CRLA or the Civil Rights Division of HUD fair housing and is working on as appropriate and the city will continue to promote equal preparing/distrbuting housing laws, housing programs and resources through the educational and marketing provision and distribution of educational and marketing material to the public. material made available at City Hall, the public library, and website. Homeless Referral The city will continue to participate in the Imperial Valley The city continues to Program Regional Taskforce on Homelessness and refer individuals as participate in the Imperial necessary. Valley Regional Taskforce on Homelessness. Performance Monitoring The city will monitor adopted Program success and shortfalls The city is in the process of Program on an annual basis starting January 2022. The report findings analyzing the successes and will be presented to the Calipatria City Council for discussion shortfalls of the adopted and action, if necessary. programs and objectives. 25]Page City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation Prioritization of Housing City staff will also coordinate with developers and stakeholders The city already for Special Needs Groups to encourage the development of such housing type and communicates with provide incentives such as density bonuses, such as flexible developers with regards to zoning regulations, increase in lot coverage percentage, waived incentives for the development application fees, expedited permitting process, or other of affordable housing units for incentive identified that may assist with the development of all special needs groups. affordable housing. While determining suitable sites for the construction of housing for special needs groups, the city will prioritize the northeast portion of the city as identified in the city's action to further fair housing. Additionally, with this program, the city anticipates prioritizing the construction of approximately 25 units for special needs housing units. Coordinate with developers to ensure new housing development projects are built at suitable conditions for persons with disabilities. The city anticipates this program established by the end of December 2024. Accessory Dwelling Units Develop a new program to incentivize and promote ADU's or An ADU ordinance was (ADU's) or "Second second dwellings for lower- to moderate-income households. presented and approved by the Dwelling Units" City staff will pursue funding and provide incentives such as Planning Commission on Incentives Program waiving or reducing planning fees associated with building December 17, 2024. The permits, homeownerlaplicant assistance, or modifying ordinance was approved by developments standards. This program is anticipated to see the the City Council in January of construction of approximately 16 ADU's (two per year) 2025. 26IPag g e City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program implementation Name of Program Objective Status of Program Implementation throughout the community by the end of the 2021-2029 planning period. Although the City of Calipatria did not receive any permits for ADU's during the previous planning period, this data is assumed by using similar averages for jurisdictions within the County of Imperial that are similar to the City of Calipatria. This program will increase the types of housing options and reduce overcrowding. The program itself is anticipated to be completed and begin by November 2024. Community Outreach for City staff will develop an outreach method for program The city is in the process of Housing Assistance and implementation, housing needs, and public participation. City preparing a community Resource Program staff will also seek public participation by sending out flyers of outreach plan. existing housing programs. City staff will coordinate with staff members and hold public hearings for the community to provide input on new or existing housing programs and effectiveness of said programs. City staff will make it a priority to target advertisement of existing housing programs, specifically in the northeast quadrant of the city, and when announcing any community workshops. Additionally, the city will provide informational brochures (both English and Spanish) of existing housing programs which will be placed at a visible location at City Hall or will be attached to utility bills to ensure all income groups and special needs groups are continuously informed. Furthermore, during the implementation of the new programs, the city will also ensure public engagement by 27IPage City of Calipatria Annual General Plan Progress Report Table 13 City of Calipatria Housing Element Program Implementation Name of Program Objective Status of Program Implementation providing surveys to the residents either by mail, website posts, or social media posts that will include housing affordability and specific needs questions. City staff will also coordinate with low-income housing developers and stakeholders to develop an action plan for addressing the housing needs of the community, particularly for the lower-income and special needs households. City staff will diligently evaluate these public participation methods during the planning period for effectiveness and will make changes, as needed, to receive the most public participation possible. The city will also update the city website to include access to planning fees, planning documents, city maps, and housing programs available to encourage residents to utilize these resources by July 2023. 28Page Attachment B - - Resolution No. 25-10 RESOLUTION NO. 25-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIPATRIA ADOPTING THE DRAFT 2024 GENERAL PLAN ANNUAL PROGRESS REPORT WHEREAS, California Government Code Section 65400 mandates that cities and counties submit an annual progress report (APR) on the General Plan and progress on its implementation to the City Council, the Governor's Office of Planning and Research (OPR) and the Housing and Community Development Department (HCD) each year; and WHEREAS, thc Draft 2024 General Plan Annual Progress Report was prepared to ensure the City of Calipatria remains in compliance with California Government Code Section 65400; and WHEREAS, the Draft 2024 General Plan Annual Progress Report was reviewed by the Planning Commission during a regularly scheduled meeting held on February 18, 2025; and WHEREAS, the Planning Commission upon hearing and considering all testimony and arguments, analyzing the information submitted by staff and considering any written and oral comments received, motioned to recommend approval of the draft 2024 General Plan Annual Progress Report to the City Council; and WHEREAS, the draft 2024 General Plan Annual Progress Report was reviewed by the City Council during a regularly scheduled meeting held on March 11, 2025; and WHEREAS, upon hearing and considering all testimony and arguments, analyzing the information submitted by staff and considering any written and oral comments received, the City Council of the City of Calipatria considered all facts relating to the draft 2024 General Plan Annual Progress Report. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Calipatria as follows: A) That the foregoing recitations are true and correct; and B) That the Draft 2024 General Plan Annual Progress Report is exempt from CEQA via Section 15061 (b)(3) of the CEQA Guidelines for Implementation under the California Code of Regulations; and C) That the Draft 2024 General Plan Annual Progress Report is consistent with the intent of the City of Calipatria General Plan; and D) That based on the evidence presented at the March 11, 2025, City Council meeting, the City Council hereby adopts the draft 2024 General Plan Annual Progress Report PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calipatria at a regularly scheduled meeting held on this 11th day ofMarch 2025, by the following roll call vote: Page 1 of2 AYES: NOES: ABSTAIN: ABSENT: Michael Luellen, Mayor ATTEST: Jane Hurtado, City Clerk Page 2 of 2 DISSCUSSION/ ACTION 3 - 3 : 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: March 6, 2025 Submitted By: Laura Gutierrez, City Manager/CFO Council Meeting Date: March 11, 2025 Discussion / Action Subject: Traffic Advisory Resident Appointment Background: The Traffic Advisory Committee currently has a vacancy for the Traffic Advisory Resident seat. The Traffic Advisory Commission is a volunteer committee. On January 7, 2025, the city advertised by posting on the City Website, social media, and on Calipatria Connects! with a closing date of January 17, 2025, and readvertised from February 14, 2025, with a closing date of February 26, 2025. The City once again received only two (2) Letter's of Interest from City Residents. The following submitted a Letter of Interest: Beneranda Cooper Judi Vista There is only one (1) Traffic Advisory Resident seat available for appointment. The Traffic Advisory Committee at their next scheduled meeting will discuss terms for the Resident seat and will bring back a recommendation to the City Council for ratification. Meetings are typically held monthly; however, they are scheduled as needed. Recommendation: Staff recommendation is for the appointment of one (1) Traffic Advisory Resident from the Letters of Interest received. Fiscal Impact: None Laura Gutierrez From: Beneranda Cooper bva1994@gmail.com> Sent: Monday, February 24, 2025 2:11 PM To: Laura Gutierrez Subject: Traffic commission CAUTION: This email originated from outside of the organization. Please take care when clicking links or opening attachments. Hello City of Calipatria, am submitting my volunteer application for traffic commission. Hello my name is Beneranda Cooper I live at 210, W. California Street, Calipatria CA 92233 I am currently the President of The Calipatria Lions Club. In the past 5 years the community and I have worked together to keep our parks clean, rid the city of graffiti and rebuild a monument all to make our city better. - want to be a part of the traffic commission to help identify traffic hazards and create a new traffic safety plan for the city of Calipat. I've noticed a number of reckless drivers and traffic built up near the schools during drop off and pick ups. I'd like to see increased police presence because there is a noticeable difference when law enforcement is on site, and the reimplementation of safety patrols to help monitor and direct traffic. would also like to create a partnership with the Calipatria State Prison to emphasize the importance of cautious driving amongst officers when entering and exiting our city because of the large amount of foot traffic. I've listened to our community, and worked with our city council, city manager and public works director to improve the city in every way that I can. If you have found value in all the progress we've created together and would like to see us continue to create in the future I am hopeful that you would accept me as a member of the traffic advisory commission. Thank you, Beneranda Cooper Beneranda V. Cooper 1 Natasha Saucedo From: Judi Vista Sent: Wednesday, February 26, 2025 10:04 AM To: Laura Gutierrez; Natasha Saucedo Subject: Letter of Interest Traffic Commisioner CAUTION: This email originated from outside of the organization. Please take care when clicking links or opening attachments. My name is. Judi Vista, a resident of Calipatria for 55+ years. As a long time resident and active member in our Community - am submitting this Letter of Interest for Traffic Commisioner. have seen, lived and have come to grow a passion for the safety and well being of our little city. As a grandmother who drives grandchildren, their friends, to and from school and activities in different locations within our city limits, watching children playing outside and in the streets, driving to the store, PO, bank or market I have wondered how would be able to offer my services, concerns or ideas on how to make it a safer environment for everyone. am familiar with the city streets and the community is familiar with me making it easiert to reach out into the community to find out their wants and needs also. - now have a way to fulfill that dream if given the opportunity of being selected to join this very important Team. Thank you for your time and consideration of my interest in this position. Respectfully, Judi Vista Calipatria Resident 1 DISSCUSSION/ ACTION à 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: March 6, 2025 Submitted By: Laura Gutierrez, City Manager/CFO Council Meeting Date: March 11, 2025 Discussion / Action Subject: Approval of Agreement with Kosmont Realty for Pre-Disposition Real Estate and Surplus Land Act Due Diligence Services Background: There is currently interest in developing the Northern parcel of the Wastewater Treatment Facility. To ensure the City conducts due diligence for the property, we are requesting for the review and evaluation of potential approaches/strategses regarding the disposition of the said publicly owned land, assistance with the Surplus Land Act process and procedures, as well as the evaluation of a long term ground lease for the site. There are currently two (2) interested parties for this site. Recommendation: Staff recommends the City Council approve the attached Professional Agreement as presented and authorize the City Manager to execute the agreement. Fiscal Impact: $20,000 125 North Park Avenue, Calipatria, CA 92233 / Tel (760) 348-4141 / Fax (760) 348-7035 www.calipatria.com K kosmont realty February 24, 2025 Ms. Laura Gutierrez City Manager City of Calipatria 125 Park Street Calipatria, CA 92233 Re: Proposal Pre-Disposition Real Estate and Surplus Land Act Due Diligence Services Dear Ms. Gutierrez: Kosmont Real Estate Services ("KRES") dba Kosmont Realty, a licensed California brokerage firm (Department of Real Estate License #02058445), ( "KR" or "Consultant"), is pleased to present this proposal to the City of Calipatria ("Client" or "Owner") for pre-disposition real estate advisory/Surplus Land Act due-diligence services in connection with the Calipatria water treatment plant ("Site"). This proposal serves as an agreement ("Agreement") when executed and returned by Client to KR. I. BACKGROUND AND OBJECTIVE Client owns parcels located at the southwest corner of Montgomery Road and English Road (APN's: 022- 160-003 and 004) in the City of Calipatria ("Properties"). Client is requesting assistance with a review/evaluation of potential approachesistrategies regarding the disposition of publicly owned land, assistance with the Surplus Land Act ("SLA") process and procedures, as well as the evaluation of a long term ground lease for the Site. KR will perform these initial advisory services as dentified in the Scope of Services under Tasks 1-4. Pursuant to Optional Task 5 in the Scope of Services: KR is a duly licensed brokerage services firm by the California Department of Real Estate and its insurance coverage is premised on compliance with State licensing regulations. KR and Client can enter into a brokerage arrangement and implement HCD compliance and the sale or lease of the Properties, as appropriate. KR proposes the following Scope of Services accordingly. II. SCOPE OF SERVICES Approach to Scope of Services: The prospective assignment and consulting services that KR will provide will be of a relatively limited scope and duration, and advisory in nature. KR will be making recommendations only, which advise the Client, including its elected officials, appointed officials and Kosmont Realty Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1076 Physical Address: 2301 Rosecrans Ave., Ste. 4140 Manhattan Beach, CA 90266 ww.kosmontrealy.com EI Segundo, CA 90245 90245 City of Calipatria SLA Advisory K February 24, 2025 kosmont realty staff, which they can accept or reject. None of KR's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a designated" position. Task 1: Project Kick Off To initiate the assignment, KR will meet with the Client to discuss planned future uses/reuses and/or evelopmenvaispostion priorities for the Properties, and additional sites as may be identified, to be considered for developmenlaispostion, available market and property specific information (e.g., appraisals, market studies, zoning information, specific plans, etc.) and status of activities to date and anticipated timing. Task 2: Initial Pre-Disposition Property Due Diligence and Regulatory Compliance Activities KR will conduct initial pre-disposition property due diligence to identify existing market conditions and constraints affecting the potential marketability, sale / lease, and development (e.g., zoning, adjacent uses, site configuration, known environmental condition) of the Properties as well as evaluate market value/pricing ranges, and potential options/approaches to productively advance the future disposition and/or development of the Properties. KR will also consider potential regulatory requirements in conjunction with the Client's legal counsel in connection with the disposition of the Properties to satisfy compliance with the SLA and/or other legislative requirements as may be appropniate/requred. Deliverable: KR will provide a brief memorandum summarizing the findings/observations regarding potential options/approaches in connection with future disposition and development of the Properties. Task 3: Surplus Land Act Process - Declaration and Notice of Availability (NOA) KR will assist with preparation of the Surplus Land declaration and/or exemption. If the Properties are declared "surplus" by City Council, KR will prepare the Notice of Availability ("NOA") as well as coordinate and manage the solicitation process required by the SLA for the Properties in list identified herein (as may be appropriate), which will require a 60-day noticing period for respondents. Task 4: Respondent Due Diligence / Public-Private Negotiations The SLA requires that the Client negotiate in good faith with respondents that submit a notice of interest for a period of 90-days. KR can assist with reviewing notices of interest, evaluating proposals/offers submitted, and/or public-private transaction structunngnegotations as may be required with the respondents for the disposition of the Properties. KR can also assist the Client with a presentation to the City Council that will seek authorization to proceed with prospective transactions (as mutually agreed upon between Client and KR). Optional Task 5: Real Estate Brokerage Services In compliance with the statutory and procedural disposition requirements of the California SLA and pursuant to Department of Real Estate (DRE) licensing requirements, Owner and KR may enter into or authorize a direct, indirect and/or a cooperative broker relationship with other private sector and/or brokerages/brokers, as desired by Owner and mutually agreed upon to leverage KR's collective experuse/resources, market knowledge, and transaction based relationships to successfully sell the Properties, while enabling and assisting brokerage activity by any and all brokers/brokerage service firms involved in the SLA exposure and disposition process, to maintain compliance with the sale and lease regulations set forth by the SLA. Kosmont Realty 2IPage (424) 297-1076 www.kosmontrealy. .com City of Calipatria SLA Advisory k February 24, 2025 kosmont realty As such, KR can be flexibly engaged, as directed by Owner and mutually agreed upon, to perform brokerage tasks with and independent of other brokerages services firms retained by Owner or private sector entities, in soliciting, selecting, and negotiating with a preferred puyerts)developerts) to effectuate the sale or lease oft the Properties. These brokerage activities could include structuring presentations and negotiations with the California Department of Housing and Community Development (HCD) to achieve notice of determination(s) and related sale / lease procedural approvals, negotiation of purchase agreement documentation; coordination of escrow, title, and ultimate sale or lease; and other transaction- based activities as may be required to close the transaction (as mutually agreed upon between KR and Owner). Compensation may include a share of commissions and/or fees as may be applicable and agreed upon. III. SCHEDULE AND REQUIRED DATA Consultant is prepared to commence work upon receipt of executed Agreement. Client will provide KR with all existing Properties data including appraisals, market data, and/or other relevant data deemed appropriate by KR. IV. COMPENSATION Compensation for Tasks 1 through 4 is estimated at $20,000 for professional services (hourly) fees at KR's billing rates as shown on Attachment A. Future increases in budget will require approval by Client in advance. Budget may be increased by Client at any time. KR anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis. KR's attendance or participation at any publicly noticed meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other), as requested by Client is in addition to compensation for Tasks 1 through 4 and will be billed at the professional services (hourly) fees as shown on Attachment A. Services will be invoiced monthly at KR's standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for out-of-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client's prior approval and that mileage shall be reimbursed at the current IRS mileage reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out-of-area travel, if any, requires advance funding of flights and hotel accommodations. KR will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of KR's monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum. Kosmont Realty 3IPage (424) 297-1076 www.osmontrealy.com City of Calipatria SLA Advisory k February 24, 2025 kosmont realty For the convenience of Kosmont's clients, we offer a secure credit card payment service. The credit card payment link is: htbs/hosmontoadeicon and there are two ways to make a secure credit card payment: 1. Fill in the "Make a Payment" form when you go to the link https/kosmont., paidyet. com), or 2. Call Kosmont Companies' accounting desk (424) 297-1072 to make a credit card payment KR is prepared to commence work upon receipt of executed Agreement. DISCLOSURE: Compensation for possible future transaction-based services or consulting services. The following is being provided solely as an advance disclosure of possible real estate consulting and finance services and potential compensation for such services. This disclosure is not intended to commit the Client. When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Financial Services (KFS). KFS is an independent Registered Municipal Advisor with the Securities and Exchange Commission and the Municipal Securities Rulemaking Board. SEC registration does not constitute an endorsement of the firm by the Commission or state securities regulators. When assignments involve advisory services provided by Kosmont & Associates, Inc., dba Kosmont Companies ("KC"), a separate proposal and hourly rate sheet will be provided. V. OTHER PROVISIONS A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full. B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled by arbitration at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California Code of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge. The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such party in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final and non-appealable and may be entered in any court having jurisdiction. Kosmont Realty 4Page (424) 297-1076 www.kosmontrealy.com City of Calipatria SLA Advisory February 24, 2025 K kosmont realty C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered. D. Authority. Each of the parties executing this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement. E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement. F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party. G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement. I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law. J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by. certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph. K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein. L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement. Kosmont Realty 5/Page (424) 297-1076 www.osmontreaty.com City of Calipatria K SLA Advisory February 24, 2025 kosmont realty M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law. N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature. O. Disclaimer. Consultant's financial analysis activities and work product, which may include but is not limited to pro forma analysis and tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client's reliance on Consultant's analysis must consider the foregoing. Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client's understanding and execution by of this Agreement, acknowledgement that Consultant's services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant. Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement. P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client. Q. Force Majeure. Consultant shall not be liable for failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by significant circumstances beyond its reasonable control, including, without limitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; wide-spread power failures and wide-spread internet failure. Contractual performance and deadline(s) shall be extended for a period equal to the time lost by reason of the delay. R. Expiration of Proposal for Services. Ifthis Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire. S. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice. I signature page follows I Kosmont Realty (424) 297-1076 6Page ww.kosmontrealy/com City of Calpatria K SLA Advisory February 24, 2025 kosmont realty VI. ACCEPTANCE AND AUTHORIZATION If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Realty. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement. Read, understood, and agreed to this Day of 2025 City of Calipatria Kosmont Real Estate Services doing business as "Kosmont Realty" By: By: (Signature) (Signature) Name: Name: Larry J. Kosmont, CREO (Print Name) Its: Its: President (Title) Kosmont Realty (424) 297-1076 7JPage www.kosmontrealy.com City of Calipatria K SLA Advisory February 24, 2025 kosmont realty ATTACHMENT A Kosmont Realty 2025 Public Agency Fee Schedule Professional Services Chairman & CEO / President $525.00/hour Senior Managing Director/Senior Advisor $395.00/hour Managing Director $295.00/hour Senior Director / Senior Project Analyst $205.00/hour Director / Project Analyst / Project Manager $195.00/hour Project Promotion/Graphic/Gis Mapping Services/Research $ 95.00/hour Clerical Support $ 80.00/hour Additional Expenses In addition to professional services (labor) fees: 1) An administrative fee for in-house copy, fax, phone, postage costs, digita/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Realty's professional service fees incurred; plus 2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI, Placer.ai, CoStar/STR, IMPLAN, ParcelQuest and other based on quoted project cost. 4) For Third Party Vendor(s) retained on behalf of Client (with Client's advance approval), fees and costs will be billed to Client at 1.1X (times) fees and costs. 5) Except as referenced above, under Section IV. Compensation, Consultant's attendance or participation at any public meeting, whether such participation is in person, digital, video and/or telephonic (e.g., Board of Supervisors, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A. Charges for CourtDepostionxpert Witness-Related Appearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum. Rates shall remain in effect until December 31, 2025. Kosmont Realty 297-1076 8IPage (424) www.kosmontrealy, com Home/GiyafGipatia N Nobel Spsten GeoViewer + X € * B = @ httpsifnews - = Imperial County CITYOF CALIPATRIA MONIGOMERYRD 3D CITY OF CALIPATRIA Directions e REPORT STOR NEARBY DOCS SHARE Parceis Summary 022-1 160-003 Assessee Name CITY OF CALIPATRIA Details APNP 022160003000 APN2 Mailing Address 101NLAKEAVE Show Documents A 300ft 1.14512931 Lng: 115554487 DISSCUSSION, / ACTION #3 - 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: March 6, 2025 Submitted By: Laura Gutierrez, City Manager/CFO Council Meeting Date: March 11, 2025 Discussion / Action Subject: Approval to contract with VGL Construction, Inc. for installation of sewer shut off devices to Delinquent Sewer Accounts in accordance with Resolution 2023-53 Background: The City on October 24, 2023, approved Resolution 2023-53 allowing for the Discontinuance of Services to delinquent sewer accounts. Item. 3. Discontinuance ofServices: Services are cumulative of all charges (i.e. sewer,sewer/trash, sewer expansion, etc.). Sewer connection may be disconnected when account becomes excessively delinquent at owner's expense. Cost may be in excess of $5,000. Before services can be restored, total cost of disconnect plus services billed must be paid. In January 2024, the City began and continues to deliver yellow door hangers for accounts that are delinquent. The following accounts have received numerous (5+) delinquent notices and remain in over 120+ past due. 402 Sonia or Cesar Guzman 341 W Alamo $854.52 844 Veronica Rivera 311 S Lake $566.71 896 Maria Arizpe 179 E Barbara $454.79 1141 Jose & Maria Aguilar 698 S East $728.93 1251 Luis Torres 548 E Bonita Place $470.85 1386 Estate of Eusebio & Carmen JTC/O A 205 S Industrial $461.77 1389 Concepcion Settle 110 W California $1,469.17 1760 Kuyra Krigbaum 322 W California $962.24 1898 Cecelia Lopez 180 W Alexandria $625.80 The City has received three (3) quotes from the following Contractors: VGL Construction, Inc. $2,900.00 per sewer disconnection Primo Construction & Services, Inc. $3,250.00 per sewer disconnection Cholla Construction & Services $3,850.00 per sewer disconnection 125 North Park Avenue, Calipatria, CA 92233 / Tel (760) 348-4141 / Fax (760) 348-7035 www.calipatria.com A sample copy of the monthly door hanger is attached for your review. Recommendation: Staff recommends the City Council approval to the lowest quote from VGL Construction, Inc. and proceed with the installation of sewer shut off devices to the delinquent accounts. Fiscal Impact: No fiscal impact = pass through cost to account holder. 125 North Park Avenue, Calipatria, CA 92233 / Tel (760) 348-4141 / Fax (760) 348-7035 www.calipatria.com City of Calipatria 125 North Park Avenue Calipatria, CA 92233 (760) 348-4141 Acct Address: Acct# Acct Name: * Please contact our office. * Comuniquese con nuestra oficina. % Your account is Excessively Past Due. * Su cuenta està excesivamente atrasada. Please be advised that the City passed an update to Tenga en cuenta que el Ayuntamiento aprobo una the Resolution of the City Council of the City of actualizacion de la Resolucion del Concejo Municipal de Calipatria Relating to Billing for Sewer, Solid Waste la Ciudad de Calipatria Relativa a la Facturacion de and State AB939. Alcantarillado, Residuos Sélidos y Estatal AB939. Resolucion 2023-53, Resolution 2023-53, Punto 3. Discontinuacion de Servicios: Los servicios son Item 3. Discontinuance of Services: acumulativos de todos los cargos (es decir, Services are cumulative of all charges (i.e. sewer, alcantarillado, alcantarllado/pasura, ampliaçion del sewer/trash, sewer expansion, etc.). Sewer alcantarillado, etc.). La conexion de alcantarillado se connection may be disconnected when account puede desconectar cuando la cuenta se vuelve becomes excessively delinquent at owner's expense. excesivamente morosa a expensas del propietario. El Cost may be in excess of $5,000. Before services can costo puede exceder los $5,000. Antes de que se be restored, total cost of disconnect plus services puedan restablecer los servicios, se debe pagar el costo billed must be paid. total de la desconexion mas los servicios facturados, Past Due Balance must be paid before El saldo vencido debe pagarse antes del para evitar cualquier accion to avoid any further action. adicional. Past Due Balance:$. Thank you, City of Calipatria Utility Billing Department VGL Construction Inc. QUOTE Business Number #908288 ESTO155 Matt Vogel- (760)455-2048 DATE VGL GENERAL ENGINEERING Robert Vogel- (760)604-5780 Feb 25, 2025 ELECT LICISOBRBB RICAL 1476-D Hwy 86 El Centro, CA 92243 TOTAL USD $500.00 Mat@wgconstruction.com TO City of Calipatria 0 +1 760) 455-2222 e.self@calipatria.com DESCRIPTION RATE QTY AMOUNT Install sewer disconnect $1,816.80 $0.00 Install sewer disconnect. This includes all equipment and labor to complete project one service City is to furnish all material, parts and sand. Install sewer disconnect Vacuum/Hydro jet excavation $2,400.00 $0.00 Vacuum excavation Install sewer disconnect. This includes all equipment and labor to complete project. This is for one sewer service. Mobilization $500.00 1 $500.00 Mobilizing equipment and parts to the job. TOTAL 2900.00 USD $500.00 1. This proposal shall be considered withdrawn if not accepted within (30) days 2. Unless expressly included in above listing of work description, unusual site conditions shall be deemed cause for additional compensation, and cessation of work until agreement for same has been reached. 3. If the work provided herein is not commenced within two months of acceptance, VGL Construction Inc. may elect not to be bound to perform. 4. If suit is commenced to enforce and provision hereof or for damages for breach hereof, the accepting party will pay, in addition, reasonable attorney's fees and costs, expenses of preparing and prosecuting such suit. 5. One week written notice to commence this work provided herein will be given. 6. In the event of rescission of this agreement by the accepting party prior to the commencement of work, VGL Construction Inc. will be paid as liquidated damages. On the account of extreme difficulty of ascertainment of actual damages, the sum will be equal to 20% of the total contract price. In the event of rescission following commencement of work, VGL Construction Inc. will be paid for the work done and materials supplied, a percentages of the total contract price in proportion as the amount of such work and materials relates to the total job and also will be paid 20% of a sum computed by subtracting from the total contract price the sum owing for completed work and materials. 7. Owner assumes all responsibility and shall notify VGL Construction Inc. in writing of the location and depth of all underground utilities. 8. This agreement expresses the entire agreement between the parties. Changes shall be in writing signed by both parties. 9. Proposal is based on City approved plans dentified above. 10. This is a non prevailing wage job. 11. Ownership or general contractor, responsible for all permits and permit fees. Unless agreed- upon by both parties in contract. 12. Ownership or general contractor, responsible for all inspection and inspection fees. 13. Ownership or general contractor, responsible for construction staking of alignment. 14. Ownership or general contractor, responsible for job site fire hydrant water meter and portable restroom. 15.Payment shall be paid in 30 days of project completion or paid in stages of percentages of project completion. Acceptance of Proposal Company: Date: Signature: Date: Print Name: Date: Prima Corsinuclion % Serices, Ic Contractors License #899648 665 Marilyn Ave. Brawley, CA 92227 (760)-344-8500 Phone (760)482-8538 Cell ofle@primoconstructionservices.com: Date: 02/25/2025 Plans Drawn By: N/A Submitted To: Eddie Self Quote Number: 25025 Project: Install Sewer Clean out Job Location: City ofCalipatria, CA. PROPOSAL We propose to: furnish and install all labor, material and equipment to perform the following items of work, subject to the terms and conditions stated hereon. Item Description Amount Primo Construction proposes to supply equipment & labor to install One 4" Sewer Clean out, located in the City of Calipatria, CA. City ofCalipatria to supply all parts necessary to complete install. COST: 3,250.00 Terms and Conditions 1. This proposal shall be considered withdrawn if nota accepted within (30) thirty days. 2, Unless expressly provided above, this quotation does not include: (a) permits, including any required fees or bonds; (b) engineering, testing or staking; (c) bond premiums. 3. Unless expresslyi includedi ina above listing of work tob be done, unusual site conditions shall be deemed cause for additional compensation, and cessation ofv work until agreement for same has been reached. 4. Ifthe work provided hereini is not commenced within two months of acceptance, Primo Construction & Services Inc. may elect not to be bound top perform. 5. Ifsuiti is commenced to enforce any provision hereof orf for damages for breach hereof, the accepting party will pay, ina addition, reasonable attorneys' fees and costs, expenses ofp preparing and prosecuting such suit. 6. One week written notice toc commence this work provided herein will be given. 7. In the evento of rescission oft this agreement by the accepting party priort tot the commencement of work, Primo Construction & Services Inc. will be paid as liquidated damages. On the accounto ofe extreme dificuity ofa ascertainment of actual damages, the sum willl be equal to 20%0 oft the total contractp price. Int the event ofr rescission following commencement ofv work, Primo Construction & Services, Inc. will be paidf fory work done and materials supplied, a percentage oft the total contract pricei inj proportion as the amount of such work and materials relates to the total job and also will be paid 20% ofas sum computed by subtracting from thet total contract pricet the sum owing for completed work and materials. 8. Ownera assumes all responsibility and: shall notify Primo Construction & Services, Inc. in writing of the location and depth of all underground utilities. 9. This agreemente expresses the entire agreement between the parties. Changes shall bei in writing signed by both parties. 10. Proposal is based onj plans identified above. NOTE: Projects in the amount of $: 30,000.00 & above will be asked to provide 33% oft total upon commencing. Acceptance of Proposal Name and Title Company Name Date Signature 325D,00 GOISTBUGTION 1051 Jones St, Brawley, CA 92227 aalsoinctimdadsaten 760-791-6582 CA License #1116732 CAI DIR# 1001143901 PROPOSAL PROPOSAL SUBMITTED TO PHONE DATE City of Calipatria 760-348-4141 3-5-25 ADDRESS PROJECT NAME PLANS APPROVED 125 North Park Avenue Sewer shut-off valve installation N/A CITY, STATE, ZIP PROJECT LOCATION CITY Calipatria, CA, 92233 Various Calipatria ENGINEER PROJECT DESCRIPTION DATE OF PLANS N/A Install Sewer lateral shut-off valves N/A Project Description: Install 4" sewer disconnect valve and riser provided by City. Notes: Cholla to provide pipe and fittings to replace up to 4ft of the existing lateral. Unpaved area, asphalt removal or replacement is excluded. Services up to 5ft deep, additional depth is to be priced on a case by case basis. Basic traffic control is provided for typical alley work, traffic control for actively travelled roads is not included. Lump Sum Price $3850.00 EACH S - 3850,00 1 WE PROPOSE to furnish material and labor, compiete in accordance with the above specifications and stipulations. This proposal does not include: permits, fees, bonds, bond premiums, engineering, testing, asbestos testing or removal, survey or staking. Any work not specifically described is excluded. Work performed is due and payable immediately upon completion. Unless expressly included in the above list of work to be performed, unusual site conditions such as buried trash, concrete, abandoned utilities, mud, rock, ground water, hazardous waste, etc. that were not apparent on the surface or expressly disclosed in writing prior to the date oft this proposal shall be deemed for additional compensation and cessation of work until an agreement to proceed ist made. Excess spoils will remain on: site unless expressly described in our scope of work. Ifa any action is brought to enforce collection, attorney's fees and court costs' will be collected in addition to the amount due. All material is guaranteed tol be, as specified. All work to be completed in a workmanlike manner. according to standard practices.. Any alteration or deviation from the above specifications involving extra cost will be exeçuted only upon written change orders, and will become an extra charge over and beyond the original contract value. Cholla Construction reserves ther right to receive additional compensation due to material cost increases and changes in fuel prices. All agreements are contingent upon: strikes, accidents, delays, material availability, weather and force majeure events. Our workers aret fully covered by Workers Compensation Insurance. Pursuant to California law and' the Business and Professions Code: . Contractors are required by law tob be licensed and regulated byt the Contractors! State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions conçerning a contractor may be referred to the Registrar, Contractors State License Board, PO Box 26000, Sacramento, CA 95826" Authorized THIS PROPOSAL MAY BE WITHDRAWN BY US IFI NOT ACCEPTED WITHIN 30 DAYS Signature Bobert Cfates 3-5-25 ROBERT YATES ACCEPTANCE OF PROPOSAL- The above specifications, terms and contract are satisfactory, hereby the work is authorized to proceed and payment fori the work is promised. Signature Date of Acceptance Total Bid Price: $3850.00 2 City of Calipatria 125 N. Park Ave. 760-348-4141 Calipatria, CA 92233 Utility Bill 63122 SONIA OR CESAR DUE GUZMAN PAST PO BOX 1551 CALIPATRIA CA 92233 Account Number Service Address Previous Balance 402 341 W Alamo Street Payments/Credits $854.52 Charge From To Previous Current Type Consumption Amount Sewer 02/01/25 03/01/25 Trash 02/01/25 03/01/25 $22.05 $25.25 Service period for February 1-28. 2025. NEW payment due date of March $47.30 15. 2025. To avoid the 10% (late) penalty fee, payment must be received in City Hail by the end of business day on March 31, 2025. Drop Box Total Due: $901.82 payments dropped off after 3:00 pm will NOTI be posted until the next business day. City website: www. calipatria. com For your convenience, online bill pay, paperless billing, and credit card payments are IfF Paid After 3/31/2025 available. "*Sewer Emergencies, please call (760)336-9936. $992.00 Account Number Customer Service Address 402 SONIA OR CESAR GUZM Total Due 341 W Alamo Street $901.82 Total Amount Enclosed: Bill Date: 3/1/2025 Due Date: 3/31/2025 City of Calipatria 125 N, Park Ave. 760-348-4141 Calipatria, CA 92233 Utility Bill 46100 VERONICA RIVERA DUE PAST PO BOX 874 CALIPATRIA CA 92233 Account Number Service Address Previous Balance Payments/Credits 844 311 S Lake Ave $566.71 Charge From To Previous Current Type Consumption Amount Sewer 02/01/25 03/01/25 Trash 02/01/25 03/01/25 $22.05 $25.25 $47.30 Service period for February 1-28, 2025. NEW payment due date of March 15, 2025. To avoid the 10% (late) penalty fee, payment must be received in City Hall by the end of business day on March 31, 2025. Drop Box Total Due: $614.01 payments dropped off after 3:00 pm will NOT be posted until the next business day. City website: www. calipatria.com For your convenience, online bill pay. paperiess billing, and credit card payments are IfF Paid After 3/31/2025 $675.41 available. "Sewer Emergencies, please call (760)336-9936. Account Number Customer Service Address Total Due 844 VERONICA RIVERA 311 S Lake Ave $614.01 Total Amount Enclosed: Bil Date: 3/1/2025 Due Date: 3/31/2025 City of Calipatria 125 N. Park Ave. 760-348-4141 Calipatria, CA 92233 Utility Bill 31448 MARIA ARIZPE PO BOX 1843 PAST DUE CALIPATRIA CA 92233 Account Number Service Address Previous Balance Payments/Credits 896 179 E Barbara St $454.7 79 Charge From To Previous Current Type Consumption Amount Sewer 02/01/25 03/01/25 $22.05 Trash 02/01/25 03/01/25 $25.25 $47.30 Service period for February 1-28, 2025. NEW payment due date of March 15, 2025. To avoid the 10% (late) penaity fee, payment must be received in City Hall by the end oft business day on March 31, 2025. Drop Box Total Due: $502.09 payments dropped off after 3:00 pm will NOT be posted until the next business day. City website: www. calipatria.com For your convenience, online bill pay, paperless billing, and credit card payments are If Paid After 3/31/2025 $552.30 available. "Sewer Emergencies, please call 760)336-9936. Account Number Customer Service Address Total Due 896 MARIA ARIZPE 179 E Barbara St $502. 09 Total Amount Enclosed: Bill Date: 3/1/2025 Due Date: 3/31/2025 City of Calipatria 125 N. Park Ave. 760-348-4141 Calipatria, CA 92233 Utility Bill 03724 DUE - PAST JOSE & MARIA AGUILAR PO BOX 1811 CALIPATRIA CA 92233 Account Number Service Address Previous Balance Payments/Credits 1141 698 S East Ave $728.93 Charge From To Previous Current Type Consumption Amount Sewer 02/01/25 03/01/25 $22.05 Trash 02/01/25 03/01/25 $25.25 $47.30 Service period for February 1-28. 2025. NEW payment due date of March 15, 2025. To avoid the 10% (late) penalty fee, payment must be received in City Hall by the end of business day on March 31, 2025. Drop Box Total Due: $776. 23 payments dropped off after 3:00 pm will NOT be posted until the next business day. City website: www.calipatria. com For your convenience, online bill pay. paperless billing, and credit card payments are IfF Paid After 3/31/2025 $853.85 available "Sewer Emergencies, please call (760)336-9936. Account Number Customer Service Address Total Due 1141 JOSE & MARIA AGUILAR 698 S East Ave $776.23 Total Amount Enclosed: Bill Date: 3/1/2025 Due Date: 3/31/2025 City of Calipatria 125 N. Park Ave. 760-348-4141 Calipatria, CA 92233 Utility Bill 40236 DUE a PAST LUIS TORRES PO BOX 1356 CALIPATRIA CA 92233 Account Number Service Address Previous Balance Payments/Credits 1251 548 E Bonita Piace $470.85 Charge From To Previous Current Type Consumption Amount Sewer 02/01/25 03/01/25 $22.05 Trash 02/01/25 03/01/25 $25.25 $47.30 Service period for February 1-28. 2025. NEW payment due date of March 15. 2025. To avoid the 10% (late) penalty fee, payment must be received in Total Due: $518. 15 City Hall by the end of business day on March 31, 2025. Drop Box payments dropped off after 3:00 pm will NOT be posted until the next business day. City website: www.C calipatria. com For your convenience, If Paid After 3/31/2025 $569.97 online bill pay, paperless billing, and credit card payments are available. **Sewer Emergencies. please call (760)336-9936. Account Number Customer Service Address Total Due 1251 LUIS TORRES 548 E Bonita Place $518.15 Total Amount Enclosed: Bill Date: 3/1/2025 Due Date: 3/31/2025 City of Calipatria 125 N. Park. Ave. 760-348-4141 Calipatria. CA 92233 Utility Bill 25295 DUE PAST ESTATE OF EUSEBIO & CARMEN JTC/O A 609 E CHESTNUT. AVE ORANGE CA 92233 Account Number Service Address Previous Balance Payments/Credits 1386 205 S Industrial Ave $461.77 From To Previous Current Type Consumption Amount Charge $44.10 Sewer 02/01/25 03/01/25 Trash 02/01/25 03/01/25 $25.25 $69.35 Service period for February 1-28, 2025. NEW payment due date of March 15, 2025. To avoid the 10% (late) penalty fee, payment must be received in Total Due: $531 12 City Hall by the end of business day on March 31. 2025. Drop Box payments dropped off after 3:00 pm will NOT be posted until the next business day. City website: www.d calipatria.com For your convenience, IfF Paid After 3/31/2025 $584.23 online bil! pay, paperless billing, and credit card payments are available. **Sewer Emergencies, please cail 760)336-9936. Account Number Customer Serviçe Address Total Due 1386 ESTATE OF EUSEBIO & C 205 $ industrial Ave $531.12 Total Amount Enclosed: Bill Date: 3/1/2025 Due Date: 3/31/2025 City of Calipatria 125 N. Park. Ave. 760-348-4141 Calipatria, CA 92233 Utility Bill 29019 PAST DUE CONCEPCION SETTLE PO BOX 515 CALIPATRIA CA 92233 Account Number Service Address Previous Balance Payments/Credits 1389 110 W California St $1,469.17 Charge From To Previous Current Type Consumption Amount Sewer 02/01/25 03/01/25 $22.05 Trash 02/01/25 03/01/25 $25.25 $47.30 Service period for February 1-28, 2025. NEW payment due date of March 15, 2025. To avoid the 10% (late) penalty fee. payment must be received in Total Due: City Hall by the end of business day on March 31. 2025. Drop Box $1,516 47 payments dropped off after 3:00 pm will NOT be posted until the next business day. City website: www. calipatria. com For your convenience, online bill pay, paperless billing, and credit card payments are IfF Paid After 3/31/2025 $1.668.12 available. ""Sewer Emergencies, please call (760)336-9936. Account Number Customer Service Address Total Due 1389 CONCEPCION SETTLE 110 W California St $1,516.47 Total Amount Enclosed: Bill Date: 3/1/2025 Due Date: 3/31/2025 City of Calipatria 125 N. Park Ave. 760-348-4141 Calipatria. CA 92233 Utility Bill 44418 KUYRA KRIGBAUM DUE PAST PO BOX 216 CALIPATRIA CA 92233 Account Number Service Address Previous Balance 1760 322 W California St $962.24 Payments/Credits Charge From To Previous Current Type Consumption Amount Sewer 02/01/25 03/01/25 Trash 02/01/25 03/01/25 $22.05 $25.25 Service period for February 1-28. 2025. NEW payment due date of March $47.30 15, 2025. To avoid the 10% (late) penalty fee, payment must be received in City Hall by the end of business day on March 31, 2025. Drop Box Total Due: $1,009. 54 payments dropped off after 3:00 pm will NOT be posted until the next business day. City website: www. calipatria. com For your convenience, online bill pay, paperless billing, and credit card payments are IfF Paid After 3/31/2025 available. "Sewer Emergencies. please call (760)336-9936. $1,110.49 Account Number Customer Service Address 1760 KUYRA KRIGBAUM Total Due 322 W California St $1,009.54 Total Amount Enclosed: Bill Date: 3/1/2025 Due Date: 3/31/2025 City of Calipatria 125 N. Park Ave. 760-348-4141 Calipatria, CA 92233 Utility Bill 63066 CECELIA LOPEZ DUE PO BOX 1484 PAST CALIPATRIA CA 92233 Account Number Service Address Previous Balance Payments/Credits 1898 180 W Alexandria Street $625.80 Charge From To Previous Current Type Consumption Amount Sewer 02/01/25 03/01/25 $22.05 Trash 02/01/25 03/01/25 $25.25 $47.30 Service period for February 1-28, 2025. NEW payment due date of March 15, 2025. To avoid the 10% (late) penalty fee, payment must be received in Total City Hall by the end of business day on March 31 2025. Drop Box Due: $673.10 payments dropped off after 3:00 pm will NOT be posted until the next business day. City website: www.calipatria.com For your convenience, online bill pay, paperless billing, and credit card payments are IfF Paid After 3/31/2025 $740.41 available. **Sewer Emergencies, please call 760)336-9936. Account Number Customer Service Address Total Due 1898 CECELIA LOPEZ 180 W. Alexandria Street $673.10 Total Amount Enclosed: Bill Date: 3/1/2025 Due Date: 3/31/2025 DISSCUSSION / DIRECTION # 6 1919 CALIPATRIA CITY COUNCIL AGENDA ITEM Date Submitted: March 6, 2025 Submitted By: Laura Gutierrez, City Manager/CFO Council Meeting Date: March 11, 2025 Discussion / Direction Subject: Ordinance 08-001 2 An Ordinance of the City of Calipatria providing for a comprehensive system nuisance abatement within City Limits Background: The City in 2008 approved a Nuisance Abatement Ordinance to provide for minimum standards for maintenance of property within the City. On February 25, 2025, under Discussion/Direction was for the Approval for a Public Hearing for the Establishment of a Vacant Lot Tax and Abatement of Nuisance and Neglected Properties. Direction was given to move forward with this process, however upon further review for the establishment of a Vacant Lot Tax we would be required to pass a Ballot Measure. By separating out the components of Vacant Lot Tax and Abatement of Nuisance and Neglected Properties will allow the City to revise the existing ordinance, allowing staff to move forward without requiring Proposition 218 or Ballot Measure, however Public Hearing will be required for any changes to the Ordinance. Recommendation: Staff recommendation is for the approval to update Ordinance 08-001. Fiscal Impact: None ORDINANCE 08-001 AN ORDINANCE OF THE CITY OF CALIPATRIA PROVIDING SYSTEM NUISANCE ABATEMENT FOR A COMPREHENSIVE WITHIN CITY LIMITS The City Council of the City of Calipatria does ordain as follows: DIVISION 1. GENERALLY Sec. 1-1. Findings: of the of Calipatria finds and determines as follows: The City Council City That the values and general welfare of this City are founded, in part, upon strict (a) well-kept properties and upon the enforcement of building and zoning regulations, appearance and maintenance of properties and property values. That certain detrimental conditions, as hereinafter set forth, are injurious or (b) and welfare of the community by potentially injurious to the public health, safety for protection against contributing to the problems of, and the necessity for, expenditures fires, and disease, hazards, diminution of property values, prevention of crime, accidents, of the community in a manner which is not offensive to the senses and the preservation comfortable of life and property. and which does not interfere with the enjoyment of as described herein reasonably relates to the proper (c) That the regulation property the health, safety and welfare of the public and exercise of the police power to protect that unless corrective measures are undertaken to alleviate some present property the socio-economic standards of this community will be depreciated. conditions, That the abatement of such detrimental conditions will enhance the appearance (d) and will benefit the use and enjoyment and the values of neighboring properties of properties in the City. Sec. 1-2. Intent: this ordinance to repeal, abrogate, annul or in any way impair or (a) It is not intended by of other laws or ordinances, (unless the same are interfere with existing provisions by specifically repealed herein), or with private restrictions placed upon property with the covenant, deed, or other private agreement or with restrictive covenants running land to which the City is a party. The of this ordinance is to provide minimum standards for the maintenance (b) purpose of property in the City. Where this article imposes a greater restriction upon property or struçtures thereon (c) existing provisions of law, ordinance, contract or deed, the than is imposed or required by provisions of this article shall control. It is the decision of the City Council that abatement of nuisances pursuant to this (d) contract awarded by the City Council on the basis of Ordinance may be performed by Public competitive bids let to the lowest responsible bidder pursuant to California Code sections 20164, 20166, 20167, and 20170 to 20174 inclusive. In such Contract shall the account and submit the itemized written report for event the contractor keep each separate parcel of land required by section 3.1. Sec. 1-3. Responsibility for property maintenance: of within the City shall Every owner, lessee, occupant, or person having charge property maintain such property in a manner SO as not to violate the provisions of this Ordinance, and such owner, lessee, occupant, or person having charge of property remains liable for violations hereof regardless of any contract or agreement with any third party regarding The duty imposed by this section on a property owner shall in no instance such property. relieve those persons herein referred to from the similar duty. Sec. 1.4. Weeds; defined: (a) Weeds which bear seeds of a downy or wingy nature. Sagebrush, chaparral, and any other brush or weeds which attain such large growth (b) as to become, when dry, a fire menace to adjacent improved property. (c) Weeds which are otherwise noxious or dangerous. Poison oak and poison ivy when the conditions of growth are such as to constitute a (d) menace to the public health. stubble, brush, litter, or other flammable material which endangers the (e) Dry grass, public safety by creating a fire hazard. Sec. 1-5. Classification of nuisance. of The following acts and conditions when performed or existing upon any lot or parcel land within the City are hereby declared to be unlawful and a misdemeanor and are defined as and declared to be public nuisances which are injurious or potentially hereby the health, and welfare, which have a tendency to degrade the injurious to public safety or which cause damage to public appearance and property values of surrounding property rights-of-way: Dead, decayed, diseased or hazardous trees, shrubs, weeds and other vegetation (a) a danger to public safety and welfare or a detriment constituting an unsightly appearance, when by their size, manner of growth of to nearby property or property values, including location they may reasonably be deemed to constitute a fire hazard. vegetation likely to harbor rats, vermin and other nuisances or causing (b) Overgrown detriment to neighboring properties or property values. installed or maintained in violation of this (c) Any obstacle, landscaping or object time. Permanent buildings, ordinance or any other City ordinance in effect at the in accordance with applicable building and zoning regulations, constructed or maintained trimmed at the trunk at least eight (8) feet above the ground public utility poles or trees surface shall not be classified as nuisances. Water contained in a swimming pool, pond or other body, excepting publicly (d) which is unfiltered, unattended, abandoned or not otherwise maintained canals, of the water. Contaminants include but are not limited maintained, resulting in pollution refuse, waste, rubbish and any other foreign to, algae or bacterial growth, animal remains, unsafe or material which because of its nature or location constitutes an unhealthy, unsightly condition. over the and visible from the public right-of-way or (e) Storage or scattering property health or hazard any of the adjacent private property or which constitutes a fire, safety following: Debris, rubbish or trash, containers, cartons, boxes and barrels. (1) Abandoned, broken, wrecked, inoperable or discarded household furnishings, (2) machines and tools, or similar objects or equipment. appliances, Discarded building materials, machinery or parts thereof, other pieces of (3) metal or similar objects or materials. recreational vehicles, trailers, boats, and other mobile equipment parked or (f) Vehicles, driveways, for more than twelve (12) hours in any seven- stored in front yards, excluding shall be to be parked or stored in a back day period. Such equipment, however, permitted the area is within an yard or a side yard immediately adjacent to the driveway, provided does not enclosed area not visible from the public right-of-way or adjacent property, of health or safety hazard and is not in violation of any other provision constitute a fire, other ordinance in effect at the time. this ordinance or any City both and temporary, or other lot improvements, (g) Structures or buiidings, permanent which are subject to an of the following conditions: which are not completely erected within a reasonable (1) Buildings or structures has time and for which the permit for such construction expired. buildings which have been left unlocked or otherwise open or (2) Unoccupied from intrusion by persons, animals or the elements or which are unsecured not by the City Public Works boarded up by a method or materials approved Department. (3) Broken windows constituting hazardous conditions. including, without limitation, crumbling, cracked, (4) Faulty weather protection siding, roofs, foundations or missing, broken or loose exterior plaster or other surfaces causing dry floors, broken or missing windows or doors, or unpainted rot, warping, or termite infestation. walls which are in a hazardous condition or which are in disrepair, (5) Fences or sidewalks. or which hinder free access to public (h) Clotheslines or clothes hanging in front yard areas. and visible from public streets for a period (i) Garbage cans stored in front or side yards of more than twenty-four (24) hours. of sign, sign structure or portable display surface, not in () Billboards, any type conformance with State law. hazardous waste, waste oil, gasoline or chemicals that are (k) Toxic materials, improperly or unlawfully stored. The accumulation of dirt, litter, or debris in vestibules, doorways or adjoining (1) sidewalks of commercial or industrial buildings. of boxes, lumber, trash, dirt and other debris outside (m) The accumulation packing commercial buildings and visible from public streets. deteriorated lots containing uneven surfaces. drainage problems (n) Unpaved or parking that are hazardous to the public. which by their nature, may attract children or (0) Attractive nuisances (those objects abandoned and broken other curious individuals) including, without limitations, machinery, and equipment, ice boxes, refrigerators, freezers, stoves, neglected maintained or excavations, excepting publicly unprotected or hazardous pools, ponds canals. of in such condition as to be detrimental to public health, (p) Maintenance premises such a manner as to constitute a public nuisance as safety or general welfare or in maintained canals. defined in Civil Code section 3480, excepting publicly Sec. 1-6. Authorized Code Enforcement Officer; citation authority. to enforce the The City Fire Marshall shall have the authority to do all acts necessary (a) of this ordinance as well as other provisions of relevant City ordinançes. provisions Fire Marshall, the City Manager shall have authority to designate, (b) In addition to the Enforcement Officer. The written order, particular officers or employees as a Code by Code Enforcement Officer shall have the authority to do all acts necessary to enforce the provisions of this ordinance as well as other provisions of relevant City ordinances as set forth in an order of the City Manager. (c) The Fire Marshall and any Code Enforcement Officer appointed by the City Manager is hereby authorized by the City Council, pursuant to sections 836.5 and 119(d) of the California Penal Code and subject to the provisions thereof, to arrest a person without warrant whenever the Fire Marshall or Code Enforcement Officer has reasonable cause to believe that the person to be arrested has violated a provision of this article or such other section of this Code which he/she has been authorized by the City Manager to enforce, in the Fire Marshall or Code Enforcement Officer's presence or fails to correct a violation and therefore has committed an infraction which the Fire Marshall or Code Enforcement Officer has the discretionary duty to enforce. (d) The Fire Marshall or any other Code Enforcement Officer appointed by the City Manager is further authorized by the City Council to issue a Notice To Appear" and to release such person on his or her written promise to appear in court, pursuant to sections 853.5 and 853.6 of the California Penal Code. Under no circumstances may the Fire Marshall or any other Code Enforcement Officer appointed by the City Manager take the person to be arrested into custody. In the event that the person to be arrested demands to be taken before the magistrate or refuses to provide his or her written promise to appear in court, the Fire Marshall or Code Enforcement Officer must either summon a Calipatria police officer, explain the situation, and request that the police officer arrest the person and take the person into custody, or seek assistance of the City Attorney, and request that a misdemeanor complaint be prepared and filed against the person. DIVISION 2. ABATEMENT PROCEDURE Sec. 2-1. Abatement of public nuisances. Any property found to constitute a public nuisance in violation of section 1-6 hereof may be abated by rehabilitation, removal, demolition, or repair pursuant to procedures set forth herein. The procedures for abatement set forth herein shall not be exclusive or restrict the City from enforcing other City ordinances or abating public nuisances in any other manner provided by law. Sec. 2-2. Notice to abate. Whenever the Fire Marshall or Code Enforcement Officer determines that property within the City is being maintained contrary to one or more provisions of section 1-6, he may give written "notice to abate. " Such notice shall be served on any owner, lessee and occupant of said property stating the section(s) being violated. The notice shall set forth a reasonable time limit, in no event less than ten (10) calendar days, for correcting the violation(s) and may also set forth suggested correction methods. The notice shall be served upon the property owner, lessee or occupant in accordance with the provisions of section 2-4. The notice shall contain a reference to the right of appeal provided in section 2-6. Sec. 2-3. Voluntary abatement of nuisances. structure or alleged to be a The owner, lessee or occupant of any building, property time within nuisance under the provisions of this ordinance may abate the nuisance at any in the notice of the Fire Marshall or the Code Enforcement the abatement period provided Officer, by rehabilitation, repair, removal, or demolition. The owner, lessee, or occupant shall advise the Fire Marshall or Code Enforcement Officer of the abatement. Once sO advised, the Fire Marshall or Code Enforcement Officer shall inspect the premises to ensure that the nuisance has, in fact, been abated. Sec. 2-4. Service of notice. Any 'notice to abate,' - "notice of hearing, " "resolution ordering abatement," "itemized statement of costs, - or other mailing required of City shall be served in person, by first class mail, or by certified mail to the owner, lessee, tenant, and occupant, to the addressee's last known address, including the subject premises. Additionally, a copy of such notice shall be mailed to each property owner of record as shown on the last equalized assessment roll of the county or as known to the Fire Marshall or Code Enforcement Officer. Services shall be deemed complete at the time the document is personally served or deposited in the mail. Failure of any person to receive a document shall not affect the validity of any proceedings hereunder. Sec. 2-5. Procedure--No appeal. In the absence of any appeal, the property shall be rehabilitated, repaired, removed or demolished in the manner specifically set forth in said notice to abate. " If such nuisance is not abated as ordered within said abatement period or within such time as extended by the Fire Marshall or Code Enforcement Officer, the Fire Marshall shall cause same to be abated by City employees or by private contractor. The Fire Marshall is expressly authorized to enter said property for such purposes. Costs, as specified in section 3-1(a), shall be billed to the owner. Sec. 2-6. Appeal procedure-Hearing by City Council. (a) The owner, occupant or lessee may appeal the Fire Marshall or Code Enforcement Officer's "notice to abate" to the City Council by filing an appeal with the City Clerk of of the code enforcement officer's order to abate. within ten (10) calendar days receipt The appeal shall contain: (1) Specific identification of subject property; (2) Names and addresses of all appellants; (3) A statement of appellant's legal interest in the subject property; (4) A statement (in ordinary, concise language) of the specific order or action protested and grounds for appeal, together with all supporting material facts; (5) Date and signatures of all appellants; and one as to the truth of matters stated in the (6) Verification of at least appellant appeal. the the City Clerk shall set a date for the (b) As soon as practical after receiving appeal, less than ten calendar days nor City Council to hear the appeal. This date shall be not (10) Clerk shall calendar days from date appeal was filed. The City give more than thirty (30) Council" specifying the time and place each appellant written notice of hearing by City the not less than ten of the hearing. Notice of said hearing shall be served upon appellant the before the time fixed for hearing. Such notice shall be served upon (10) calendar days in accordance with provisions of section 18- appellant at the address shown on the appeal Council on request of the 58. Continuance of the hearing may be granted by the City appellant when good cause is shown, or on the City Council's own motion. be Code Enforcement Officer's notice to abate shall stayed (c) The Fire Marshall or there from which is properly and timely filed. during the pendency of an appeal Sec. 2-7. Decision by the City Council. shall determine whether the (a) Upon conclusion of the hearing, the City Council nuisance. If the property or any part thereof, as maintained, constitutes a public to City Council sO finds, they shall adopt a resolution declaring such property and nuisance ("resolution ordering abatement"), setting forth their findings public abatement by having such property rehabilitated, repaired, removed or ordering set forth in the resolution. The resolution demolished by manner and means specifically the in no event shall set forth the time when such work shall be completed by appellant, shall be final. less than thirty (30) days. The decision and order of the City Council abatement" of said nuisance shall be served on (b) A copy of the 'resolution ordering of the subject the appellant and upon all owners if such persons are not the abatement appellant in full by the in accordance with provisions of section 2-4. Upon property other person, the proceedings hereunder shall terminate. appellant or any Sec. 2-8. Hearing procedure. need not be conducted according to technical Hearings may be tape recorded. Hearings under oath. Hearsay evidence may be used rules of evidence. All testimony given shall be direct evidence. Any decision need not depend upon any for supplementing or explaining particular evidence or showing of proof. Sec. 2-9. Abatement by City. ordered within the given abatement period, the (a) If a declared nuisance is not abated as the Fire Marshal, the Public applicable abatement official, including without limitation, shall Works Director or Code Enforcement Officer, (or their designee or representative) Said cause same to be abated by City employees or private contractor as appropriate. for such purposes. his is authorized to enter said property official or designee expressly of abating the nuisance shall be billed to the (b) Costs, including incidental expenses, and shall become due and occupant and to the owner if the owner is not the occupant shall include, but not payable thirty (30) days thereafter. The term "incidental expenses" be limited to, costs incurred in documenting the nuisance; personnel costs; printing and mailing costs; hearing costs; attorneys' fees; actual expenses of the City in preparing notices, specifications or contracts, and costs to inspect work. (c) No person shall obstruct or interfere with the applicable abatement official including, without limitation, the Fire Marshal, Public Works Director or Code Enforcement Officer, (or their designees or representatives). or with any person who owns or holds an interest in a property, in the performance of necessary acts to execute an order to abate issued pursuant to this article. Violation of this section shall constitute a misdemeanor. Sec. 2-10. Alternative actions. Nothing in this ordinance shall be deemed to prevent the City from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. DIVISION 3. COST RECOVERY PROCEDURE Sec. 3-1. Itemized statement of costs. (a) The applicable abatement official including, without limitation, the Fire Marshal, the Public Works Director or Code Enforcement Officer, (or their designee or representative), shall keep an account of the cost, including incidental expenses, of abating such nuisance on each separate lot or parcel of land where work is performed by the City or private contractor. An "itemized statement of costs' - shall be rendered in writing to the City Council showing the cost of abatement, including rehabilitation. demolition or repair of said property, including any salvage value relating thereto. (b) Before an 'itemized statement of costs" is submitted to the City Council, a copy of said statement and notice shall be served on the appellant and upon owners of said property, if the owners are not the appellant, in accordance with the provisions of section 2-4 at least ten (10) calendar days prior to submitting the report to Council. Proof of posting and service shall be made by affidavit or declaration under penalty of perjury filed with the City Clerk. Sec. 3-2. Protests and objections. Any person liable to be assessed for the cost of an abatement action may file a written protest to the applicable abatement official including, without limitation, the Fire Marshal, the Public Works Director or Code Enforcement Officer, (or their designees or representatives) 'itemized statement of costs" with the City Clerk at any time prior to the time set for hearing. The City Clerk shall endorse each protest or objection received and shall present such protests or objections to the Council at the time set for the hearing. No other protests or objections shall be considered. Sec. 3-3. Hearing of protests. On the day and hour fixed for the hearing of protests and objections, the City Council shall hear and act on the 'itemized statement of costs" and on protests or objections of those liable to be assessed for the cost of abatement. The City Council may make revisions or corrections to the statement as it deems just and thereafter shall confirm the statement by motion or resolution. The decision of the City Council on all protests and objections which may be made regarding the statement shall be final and conclusive. Sec. 3-4. Special assessment and personal obligation. Pursuant to Government Code sections 38773 and 38773.5, the City Council shall thereupon order that all costs included in the confirmed 'itemized statement of costs" constitute a lien against the property to which it relates and that all such costs be made a personal obligation against the property owner. Sec. 3-5. Assessment lien. (a) The total cost for abating such nuisance, as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the office of the county recorder of a 'notice of lien, as sO made and confirmed, shall constitute a lien on said property for such assessment. (b) After such confirmation and recordation, a certified copy of the confirmed itemized statement of costs" shall be filed with the Imperial County auditor- controller on or before (c) August 1 of each year. It shall be the duty of the auditor-controller to add the amounts of the respective assessments to the next regular tax bills levied against said lots and parcels of land for municipal purposes. Thereafter, said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. (c) In the alternative, after such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law. (d) A "notice of lien" for recordation shall be provided according to a standard format kept on record by the Fire Marshall or Code Enforcement Officer. Sec. 3-6. Personal obligation. All costs associated with abatement proceedings which are not satisfied through the procedures of this ordinance may be collected on behalf of the City by the City Attorney or the City Attorney's designee using the appropriate legal remedies. DIVISION 4. ALTERNATIVE NUISANCE ABATEMENT PROCEDURE; VEGETATION AND WASTE MATTER Sec. 4-1. City Council declaration of weeds, rubbish, refuse and dirt to be public nuisances, resolution. The City Council may declare by resolution as public nuisances, and abate: (1) All weeds growing upon the streets, sidewalks, or private property in the City. (2) All rubbish, refuse, and dirt upon parkways, sidewalks, or private property in the City. (3) Sec. 4-2. Resolution declaring public nuisance; contents. The resolution adopted by the City Council pursuant to section 4-1 shall: (1) Refer to the street(s) by its/their commonly known name(s). (2) Describe the property(ies) upon which or in front of which the nuisance(s) exist(s) by giving the applicable lot and block number(s) according to the official or City assessment map. Sec. 4-3. City Council declaration of weeds as recurrent nuisances. Pursuant to California Government Code section 39562.1, at the time it adopts the resolution as provided for by sections 4-1 and 4-2 hereof, the City Council may also find and declare that weeds on specified parcels of property are seasonal and recurrent nuisances. Such seasonal and recurrent nuisances shall be abated in accordance with the provisions of this division, provided that upon the second and any subsequent occurrence of such nuisance on the same parcel or parcels within the same calendar year, no further hearings need to be held and it shall be sufficient to mail a post card notice to the owners of the property as they and their addresses appear upon the current assessment roll. The notice shall refer to and describe the property and shall state that noxious or dangerous weeds of a seasonal and recurrent nature are growing on or in front of the property, and that the same constitute a public nuisance which must be abated by the removal of said noxious or dangerous weeds, and that otherwise they will be removed and the nuisance will be abated by the City authorities, in which case the cost of such removal shall be assessed upon the parcel and lands from which or in front of which such weeds are removed and that upon confirmation such cost will constitute a lien upon such parcel or lands until paid. Sec. 4-4. Recurrent nuisances; preventative abatement. (a) When the City Council has adopted findings and declared that weeds on specified parcels of property are seasonal and recurrent nuisances as provided in section 4-3, the City Council may provide for the preventive abatement of such seasonal and recurrent nuisance as provided in this section pursuant to Califomia Government Code section 39562.2. (b) The notice required by section 4-3 shall, in addition to containing all other required matters, state that the efficient and economical control of such seasonal and recurrent nuisance requires preventive chemical control of such weeds, weed seeds and weed seedlings and that the City may require preventive chemical control of such nuisance. (b) In the event the City has previously been required to abate such nuisance, the City Council additionally may (before and during the next following germinating season of such weeds) provide for the preventive abatement of such nuisance by using chemical control of such weeds. Sec. 4-5. Posting of notice; location. hereof, After the City Council has adopted the resolution described in section 4-2 and 4-3 the Fire Marshall shall cause notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists. The Fire Marshall shall post: (1) One notice to each separately owned parcel of property of not over fifty (50) feet frontage. (2) Not more than two (2) notices to any such parcel of one hundred (100) feet frontage or less. (3) Notices at not more than one hundred (100) feet apart if the frontage of such a parcel is greater than one hundred (100) feet. Sec. 4-6. Heading of notices to destroy weeds. The heading of the notices described in section 4-5 shall be "Notice to destroy weeds and remove rubbish, refuse, and dirt" in letters not less than one inch in height. Sec. 4-7. Text of notice to destroy weeds and remove rubbish. The notice shall be substantially in the following form: NOTICE TO DESTROY WEEDS AND REMOVE RUBBISH, REFUSE, AND DIRT Notice is hereby given that on the 11th day of March, 2008, the City Council of the City of Calipatria passed a resolution declaring that noxious or dangerous weeds were growing upon or in front of the property on this street, and that rubbish, refuse, and dirt were upon or in front of property on this street, in the City of Calipatria, and more particularly described in the resolution, and that they constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. Otherwise they will be removed and the nuisance abated by the City and the cost of removal assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the City Clerk. All property owners having any objections to the proposed removal of the weeds, rubbish, refuse, and dirt are hereby notified to attend a meeting of the City Council of the City of Calipatria to be held : when their objections will be heard and given due consideration. Dated this 11"h day of March, 2008. City of Calipatria Sec. 4-8. Alternative to posting notice. when to notice of the resolution and notice of the meeting (a) As an alternative posting direct the Clerk to mail written notice objections will be heard, the City Council may City The of the proposed abatement to all persons owning property described in the resolution. City Clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the City Council. (b) When the County Assessor performs the function of City Assessor, the County Assessor, at the request of the City Clerk shall within ten (10) days thereafter mail to the City Clerk a list of the names and addresses of all of the persons owning property described in the resolution. The address of the owners shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. The City shall reimburse the county for the actual cost of furnishing such list and the cost shall be a part of the costs of abatement. The notiçes mailed by the City Clerk shall be mailed at least five (5) days prior to the (c) time for hearing objections by the City Council. (c) The notices mailed by the City Clerk shall be substantially in the form provided by section 4-7, except, that notices shall be signed by the City Clerk and the heading of the notice need not comply with section 4-7. (d) Sec. 4-9. City Council hearing. Council shall hear and consider all objections to At the time stated in the notices, the City the proposed removal of weeds, rubbish, refuse, and dirt. It may continue the hearing from time to time. Sec. 4-10. Council action; jurisdiction. motion or resolution at the conclusion of the hearing the City Council shall allow or overrule By any objections. At that time the City Council acquires jurisdiction to proceed and perform the work of removal. Sec. 4-11. Decision of the City Council final. The decision of the City Council is final. Sec. 4-12. City Council abatement order. of those made, it If objections have not been made, or after the City Council has disposed shall order the Fire Marshall to abate the nuisance by having the weeds, rubbish, refuse, and dirt removed. The order shall be made by motion or resolution. Sec. 4-13. Entry upon private property. to abate the nuisance. The Fire Marshall or his agent may enter upon private property Sec. 4-14. Abatement by property owner; possible assessment. Before the Fire Marshall arrives, any property owner may remove the weeds, rubbish, in case in which an order to abate refuse, and dirt at his own expense. Nevertheless, any is issued, the City Council by motion or resolution may further order that a special assessment and lien be imposed pursuant to section 39577 of the California Government and lien shall be limited to the costs incurred by the Code. In that case the assessment responsible agency in enforcing abatement upon the parcels, including investigation, boundary determination, measurement, clerical and other related costs. Sec. 4-15. Account of abatement costs. The Fire Marshall or applicable agent or contractor, shall keep an account of the cost of abatement in front of or on each separate parcel of land where the abatement work is performed. He shall submit to the City Council for confirmation an itemized written report showing such cost. Sec. 4-16. Posting of copy of account of costs. A of the report shall be posted for at least three (3) days prior to its submission to the copy City Council on or near the front door of City Hall, with a notice of the time of submission. Sec. 4-17. City Council hearing on the account of costs. At the time fixed for receiving and considering the report, the City Council shall hear it of the owners liable to be assessed for the abatement. It may with any objections property The Council shall then confirm the modify the report ifi it is deemed necessary. City report by motion or resolution. Sec. 4-18. Authority for City to contract for abatement services. Abatement of the nuisance may in the discretion of the City Council be performed by awarded the Council on the basis of competitive bids let to the lowest contract by City Public Contract Code sections 20164, 20166, responsible bidder pursuant to California shall the account 20167, and 20170 to 20174 inclusive. In such event the contractor keep and submit the itemized written report for each separate parcel of land required by section 4-15. Sec. 4-19. Costs of abatement of nuisance; a special assessment. The cost of abatement in front of or upon each parcel of land and the costs incurred by the responsible agency in enforcing abatement upon the parcels, including investigation, determination, measurement, clerical and other related costs, constitutes a boundary that After the assessment is made and confirmed, a lien special assessment against parcel. the assessment in the attaches on the parçel upon recordation of the order confirming office of the County Recorder of Imperial County, except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of such taxes as imposed by California Government Code section 39578 and 4-20 of this ordinance would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the costs of abatement and the costs of enforcing to such shall be transferred to the unsecured abatement, as confirmed, relating property roll for collection. to Assessor and Tax Collector; to be added to Sec. 4-20. Copy of costs report County next regular tax bill. 4-19, after confirmation of the report, a copy shall be given Except as provided in section Collector, who shall add the amount oft the to the County Assessor and the Tax assessment to the next regular tax bill levied against the parcel for municipal purposes. Sec. 4-21. Filing of certified copy of cost report with county auditor; time limit. in section if the County Assessor and the Tax Collector assess Except as provided 4-19, of the shall be filed with the property and collect taxes for the City, a certified copy report shall auditor on or before August tenth. The descriptions of the parcels reported county used for the same on the County Assessor's map books for the current be those parcels year. Sec. 4-22. Duty of County Auditor. Auditor shall enter Pursuant to California Government Code section 39580, the County each assessment on the county tax roll opposite the parcel of land. Sec. 4-23. Collection of assessments as municipal taxes; provision for installment payments. Government Code section 39581, the amount of the assessment Pursuant to California taxes. If shall be collected at the time and in the manner of ordinary municipal and delinquent, the amount is subject to the same penalties and procedure of foreclosure sale provided for ordinary municipal taxes. the entire assessment at the The City Council may determine that, in lieu of collecting dollars time and in the manner of ordinary municipal taxes, such assessments of fifty made in annual installments, in any event not to exceed five (5), ($50.00) or more may be time at the times and in the manner of ordinary and collected one installment at a the amount thereof municipal taxes in successive years. If any installment is delinquent, and procedure for foreclosure and sale provided for is subject to the same penalties shall bear interest on ordinary municipal taxes. The payment of assessments sO deferred the unpaid balance at a rate to be determined by the City Council, not to exceed six (6) percent per annum. Sec. 4-24. Ability of City to receive abatement costs after confirmation of costs report; time limit. The City Finance Officer may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until ten (10) days before a is to the County Assessor and Tax Collector, or, where a certified copy given until August first following the confirmation of the copy is filed with the County Auditor, report. Sec, 4-25. City Council ordered refund of taxes; findings; claim procedure. if it The City Council may order refunded all or part of a tax paid pursuant to this division finds that all or part of the tax has been erroneously levied. A tax or part shall not be refunded unless a claim is filed with the City Clerk on or before November 1st after the became due and The claim shall be verified by the person who paid the tax tax payable. or by the person's guardian, conservator, executor, or administrator. Sec. 4-26. Alternative proceedings. this Pursuant to California Government Code section 39587, the proceedings provided by division are an alternative to the procedures established elsewhere by City ordinance. Sec. 4-27. Priority of nuisance abatement lien assessment. Pursuant to California Government Code section 39588, the lien of the assessment described in this division shall have the priority of the taxes with which it is collected. DIVISION 5. EMERGENCY PROCEDURE Sec. 5-1. Emergency abatement. (a) Whenever any nuisance as defined herein constitutes an immediate hazard to life, health or property and, in the opinion of the applicable abatement official including, without limitation, the Fire Marshal, the Public Works Director, Code Enforcement Officer, (or their designee or representative). abatement must be undertaken within less than the designated period, the Fire Marshall may abate or cause to be abated all or any portion of the nuisance as may be necessary to protect life. health or property. Notice shall be given to the parties concerned as circumstances will permit, but notice need not be given whenever, in the opinion of the Fire Marshall with the approval of the City Attorney, immediate action is necessary. (b) Any attractive nuisance dangerous to children shall be abated by emergency abatement procedures. Sec. 5-2. Notice to City Council. Whenever an emergency abatement action is taken pursuant to the preceding section, the applicable abatement official including, without limitation, the Fire Marshal, the Public Works Director, Code Enforcement Officer, (or their designee or representative) shall submit to all members of the Council a written report indicating the location of the nuisance and the reasons requiring emergency abatement thereof. A copy of this report shall be attached to, or included as part of, notice to the owner of record when notice is given as previously provided in this article. Additionally, said official or his designee will direct a copy of this report to the board of appeals. DIVISION 6. CRIMINAL VIOLATION Sec. 6-1. Maintaining a Public Nuisance is a Misdemeanor. (a) Whenever in this ordinance an act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision or the failure to perform any such act shall be a crime chargeable as a misdemeanor, (unless charged as an infraction by the City Attorney) and shall be punished by a fine not exceeding one thousand dollars($1.000.00) or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment at the discretion of the court. of this ordinance shall be a misdemeanor unless by such (b) Violation of any provision an infraction provision it is made an infraction or unless it is charged as (or reduced to) in the name of the people of the by the City Attorney. Such a violation may be prosecuted is civil action. Every violation determined to be an infraction state, or redressed by punishable by: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; two hundred dollars ($200.00) for a second violation of the (2) A fine not exceeding same provision within one (1) year; A fine not exceeding five hundred dollars ($500.00) for each additional violation of (3) the same provision within one (1) year. (c) Each day any such violation or failure to perform such act shall continue shall constitute a separate offense, unless otherwise specifically provided. Sec. 6-2. Notice to appear in court. and such Whenever any person is arrested or cited for a violation ofthis ordinance, is taken before a magistrate as more fully set forth in the Penal person not immediately officer shall at least in dupliçate a written notice Code of Califoria, the arresting prepare such the offense to appear in court that shall contain the name and address of person, and charged, and the time and place where and when such person shall appear in court shall fully follow the provisions of Section 853.6 of the Penal Code. Sec. 6-3. Failure to appear in court or post bail. wilfully violating his written promise to appear in court or before an officer Any person of bail is of a misdemeanor regardless of the authorized to receive a deposit guilty disposition of the charge upon which he was originally arrested. Sec. 6-4. Warrant for arrest for failure to appear. written Whenever any person who has signed, as provided in section 1-5 or 6-2, a (a) at a time and in his written promise to appear and has promise to appear place specified 853.6 1269b of the Penal Code, the magistrate not posted bail, as provided in section or within shall issue and have delivered for execution a warrant for such person's arrest days after failure of such person to appear as promised, or if such person twenty (20) before officer authorized to bail other than a magistrate and promises to appear an accept then, within twenty (20) fails to do sO on or before the date which he promised to appear, having days after delivery of such written promise to appear by the officer to a magistrate jurisdiction over the offense. (b) When such person violates his written promise to appear before an officer authorized to accept bail other than a magistrate, the officer shall immediately over the offense charged the written deliver to the magistrate having jurisdiction officer. promise to appear and the complaint, if any, filed by the arresting DIVISION 7. PRIOR ORDINANCES REPEALED Sec. 7-1. Prior ordinances repealed. Calipatria city ordinances 63, 72 and 323 are hereby repealed. DIVISION 8. EFFECTIVE DATE Sec. 8-1. Effective shall Date. take effect and be in force thirty days after its passage, and before This ordinance after a hereof shall be published once the expiration of fifteen days passage, summary for and against it in a newspaper of with the names of the members of this Council voting general circulation published in the County of Imperial. READING PASSED AND APPROVED at a regular scheduled meeting held on FIRST the 26th day of February, 2008 by the following vote: AYES:Smith, Navarro, Beltran, Ours NAYES: None ABSENT: O'Malley SECOND READING PASSED AND APPROVED at a regular scheduled meeting held on the 11" day of March, 2008 by the following vote: AYES: Smith, Beltran, Ours, Navarro, O'Malley NAYES: None ABSENT: None ( hun 2a MGl LeaAnne O'Malley, Mayor Hoff, City Clerk of the City of Calipatria State of California, hereby certify I, the Catherine above and foregoing to be a full, true and correct copy of an ordinance adopted by said city council on this 11th day of March 2008. Allorre Catherine Hoff, City Clerk