14.B
Exhibit “A”
Division 3
NOTICE
Sections:
1-30 SERVICE OF NOTICES.
1-31 PROOF OF SERVICE OF NOTICES.
1-32 CONSTRUCTIVE NOTICE OF RECORDED DOCUMENTS.
1-30 SERVICE OF NOTICES.
(a) Whenever a notice is required to be given under the Hemet Municipal Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
(1) Personal service; or
(2) Regular mail; or
(3) Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent by regular mail is not returned.
(4) Posting the notice conspicuously on or in front of the property. The form of the posted notice shall be approved by the city manager.
(b) Service by certified or regular mail in the manner described above shall be effective on the date of mailing.
(c) The failure of any person with an interest in the property to receive any notice served in accordance with this section shall not affect the validity of any proceedings taken under this code.
1-31 PROOF OF SERVICE OF NOTICES.
Proof of service of notice may be made by the certificate of any officer or employee of this city or by affidavit of any person over the age of eighteen years. The proof of service shall show that service was done in conformity with this code or other provisions of law applicable to the subject matter concerned.
1-32 CONSTRUCTIVE NOTICE OF RECORDED DOCUMENTS.
Whenever a document is recorded with the County Recorder as authorized or required by the Hemet Municipal Code or applicable state codes, recordation shall provide constructive notice of the information contained in the recorded documents.
14.B
Exhibit “A”
Division 4
JUDICIAL REMEDIES
Sections:
1-40 JUDICIAL REMEDIES.
1-41 FAILURE TO APPEAR OR POST BAIL.
1-42 CIVIL VIOLATIONS – INJUNCTIONS AND CIVIL PENALTIES. 1-43 CODE ENFORCEMENT PERFORMANCE BOND.
1-44 JUDICIAL ABATEMENT.
1-45 TREBLE DAMAGES FOR SUBSEQUENT ABATEMENT JUDGMENTS. 1-40 JUDICIAL REMEDIES.
(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of the Hemet Municipal Code.
(b) Except as elsewhere stated in this code, any person causing, permitting, aiding, abetting, suffering or concealing a violation of this code shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the city or county jail for a period of not more than six (6) months, or by both such fine and imprisonment.
(c) Except as elsewhere stated in this code, the City Attorney, in his or her sound discretion, may prosecute a violation of this code as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this code shall be punished by a fine not exceeding one hundred dollars ($100) for the first violation, a fine not exceeding two hundred dollars ($200) for a second violation within one year, and a fine not exceeding five hundred dollars ($500) for a third violation within one year. A fourth violation of this code within one year shall be charged as a misdemeanor and may not be reduced to an infraction. (d) Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. 1-41 FAILURE TO APPEAR OR POST BAIL.
(a) Any person who fails to appear in court in connection with a citation issued for a criminal violation of any provision of this code or to post bail in connection with that citation shall be guilty of a misdemeanor.
(b) Pursuant to and in accordance with the mandatory provisions of California Penal Code Section 853.8 or, alternatively, the mandatory provisions of California Penal Code Section 1427, whenever a person fails to appear in court or to post bail in connection with a citation
14.B
Exhibit “A”
issued for a criminal violation of any provision of this code, it is the intent of the city council that a warrant for the arrest of that person shall be issued. 1-42 CIVIL VIOLATIONS – INJUNCTIONS AND CIVIL PENALTIES. (a) In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the City of Hemet.
(b) As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of the municipal code for each day during which any person commits, continues, allows or maintains a violation of any provision of this code.
1-43 CODE ENFORCEMENT PERFORMANCE BOND.
As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with the Hemet Municipal Code, applicable state codes or any judicial action.
1-44 JUDICIAL ABATEMENT.
Pursuant to California Penal Code Section 372, and California Code of Civil Procedure Section 731 the City Attorney has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions in the name of the City of Hemet and the People of the State of California. 1-45 TREBLE DAMAGES FOR SUBSEQUENT ABATEMENT JUDGMENTS.
Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include conditions abated pursuant to Section 17980 of the California Health and Safety Code.
14.B
Exhibit “A”
Division 5
ADMINISTRATIVE REMEDIES
Sections:
1-50 ADMINISTRATIVE REMEDIES.
1-51 DECLARATION OF PURPOSE.
1-52 AUTHORITY.
1-50 ADMINISTRATIVE REMEDIES.
Divisions 6 through 10 establish optional administrative enforcement remedies available to the city for violations of the municipal code and applicable state codes. The general remedies issuance and recordation of notices of violation, administrative civil penalties, administrative citations, summary abatement, and administrative abatement. Divisions 11 and 12 govern the procedures for appeals and hearings relating to these administrative remedies. 1-51 DECLARATION OF PURPOSE.
The city council finds that there is a need for a variety of administrative remedies that do not require the city to file court actions to initiate enforcement of violations of the Hemet Municipal Code and applicable state codes. The procedures established by these administrative remedies are in addition to any other legal remedy established by law which may be pursued to address municipal code and applicable state code violations.
1-52 AUTHORITY.
Whenever the city, through one of its department heads or enforcement officials, determines that a violation of the Hemet Municipal Code or applicable state code exists, the city may pursue any of the administrative remedies outlined in Divisions 6 through 10 of this code.
14.B
Exhibit “A”
Division 6
ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION
Sections:
1-60 ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION.
1-61 DECLARATION OF PURPOSE.
1-62 PROCEDURES FOR ISSUANCE OF A NOTICE OF VIOLATION.
1-63 PROCEDURES FOR RECORDATION.
1-64 SERVICE OF NOTICE OF VIOLATION.
1-65 PROCEDURES TO APPEAL RECORDATION.
1-66 APPEAL HEARING.
1-67 NOTICE OF COMPLIANCE – PROCEDURES.
1-68 PROHIBITION AGAINST ISSUANCE OF MUNICIPAL PERMITS. 1-69 CANCELLATION OF RECORDED NOTICE OF VIOLATION.
1-60 ISSUANCE AND RECORDATION OF NOTICES OF VIOLATION.
This Division shall govern the procedures relating to the issuance and recordation of administrative notices of violation.
1-61 DECLARATION OF PURPOSE.
The city council finds that there is a need for alternative methods of enforcement for violations of the municipal code and applicable state codes which are found to exist on real property. The council further finds that an appropriate method of enforcement for these types of violations is the issuance and recordation of notices of violation. The procedures established in this Division shall be in addition to criminal, civil or any other remedy established by law which may be pursued to address violations of the Hemet Municipal Code or applicable state codes. 1-62 PROCEDURES FOR ISSUANCE OF A NOTICE OF VIOLATION.
Whenever an enforcement official determines that a violation of the Hemet Municipal Code or applicable state code pertaining to real property exists, the enforcement official may issue a notice of violation to a responsible person. A notice of violation shall include sufficient information to provide reasonable notice of activities or conditions constituting violation of the municipal code or applicable state code, and actions necessary to correct the violations. The notice of violation shall include the following information:
(a) The name of the property’s record owner;
(b) Street address;
(c) The code sections in violation;
14.B
Exhibit “A”
(d) A description of the property’s condition which violates the applicable codes; (e) A list of necessary corrections to bring the property into compliance; (f) A deadline or specific date to correct the violations listed in the notice of violation; (g) Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to: criminal prosecution, civil injunction, administrative abatement, civil penalties, revocation of permits, recordation of the notice of violation and withholding of future municipal permits; (h) A brief description of the procedure to appeal the notice of violation including time limitations.
1-63 PROCEDURES FOR RECORDATION.
(a) Once an enforcement official has issued a notice of violation to a responsible person and the property remains in violation after the deadline established in the notice of violation, the enforcement official may record a notice of violation with the Recorder’s Office of Riverside County.
(b) Before recordation, the enforcement official shall provide to the responsible person a letter of intent to record a notice of violation unless a written appeal is filed pursuant to the procedures outlined in this Division. The letter shall be served pursuant to any of the methods of service set forth in Division 3 of this Article. The enforcement official may also send a courtesy copy of the letter to any financial institution with a legal interest in the real property.
(c) If a written appeal is not filed pursuant to the procedures set forth in this Division, the enforcement official may record the notice of violation if the violation has not been corrected. (d) The recorded notice of violation shall include the name of the property owner, the property’s assessor’s parcel number, the parcel’s legal description, and a copy of the notice of violation.
1-64 SERVICE OF NOTICE OF VIOLATION.
A copy of the recorded notice of violation shall be served on the responsible person and property owner pursuant to any of the methods of service set forth in Division 3 of this Article. 1-65 PROCEDURES TO APPEAL RECORDATION.
(a) An appeal of a letter of intent to record the notice of violation shall follow the procedures set forth in Divisions 11 and 12 of this code.
(b) Upon receipt of the written appeal, the enforcement official shall schedule a hearing pursuant to the procedures set forth in Divisions 11 and 12 of this Article. The purpose of the
14.B
Exhibit “A”
hearing is for the responsible person or property owner to show cause why a notice of violation should not be recorded.
(c) The failure of any person to file an appeal in accordance with these provisions shall constitute a waiver of the right to an administrative appeal hearing and shall not affect the validity of the recorded notice of violation.
1-66 APPEAL HEARING.
(a) The appeal shall follow the hearing procedures as set forth in Divisions 11 and 12 of this Article.
(b) At the appeal hearing, the hearing officer shall only consider evidence that is consistent with the applicable rules and procedures for administrative enforcement hearings and that is relevant to the following issues:
(1) Whether the conditions listed in the notice of violation violate the Hemet Municipal Code or applicable state codes; and
(2) Whether the enforcement official afforded the responsible person with due process by adhering to the notification procedures specified in this code. (c) If the hearing officer affirms the enforcement official’s decision, the enforcement official may proceed to record the notice of violation.
(d) If the hearing officer determines that recordation is improper, the hearing officer shall reverse the enforcement official’s decision to record the notice of violation. 1-67 NOTICE OF COMPLIANCE – PROCEDURES.
(a) After a notice of violation has been recorded, and after the violations listed on the notice of violation have been corrected, the responsible person or property owner may file with the enforcement official a written request for a reinspection of the property to determine compliance with the municipal code and applicable state codes listed in the recorded notice of violation, and for the issuance of a notice of compliance on a form provided by the city. (b) Once the enforcement official receives this request, the enforcement official shall reinspect the property to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed.
(c) The enforcement official shall serve a notice of compliance to the responsible person or property owner in the manner provided in Division 3 of this Article only if the enforcement official determines that:
(1) All violations listed in the recorded notice of violation have been corrected; and
14.B
Exhibit “A”
(2) All necessary permits have been issued and finalized; and (3) All civil penalties and any fines have been paid; and (4) The party requesting the notice of compliance has paid an administrative fee to reimburse the city for all administrative costs. Administrative fees may include costs incurred in the investigation, inspection, reinspection, title search, appeal hearing and any other processing costs associated with the violations specified on the notice of violation.
(d) If the enforcement official denies a request to issue a notice of compliance, the enforcement official shall serve the responsible person or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service listed in Division 3 of this Article. (e) The enforcement official’s decision denying a request to issue a notice of compliance shall be final and non-appealable.
1-68 PROHIBITION AGAINST ISSUANCE OF MUNICIPAL PERMITS.
Subject to the exception set forth herein, the City of Hemet shall withhold permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of the real property or the structure: (i) if a request to appeal the recordation of a notice of violation has not been timely filed; or (ii) after a hearing officer on appeal affirms the enforcement official’s decision to record a notice of violation. The city may thereafter withhold permits until a notice of compliance has been issued by the enforcement official. The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.
1-69 CANCELLATION OF RECORDED NOTICE OF VIOLATION.
The enforcement official, property owner or responsible person shall record the notice of compliance with the County Recorder’s Office. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation.
14.B
Exhibit “A”
Division 7
ADMINISTRATIVE CIVIL PENALTIES
Sections:
1-70 ADMINISTRATIVE CIVIL PENALTIES; PURPOSE; AUTHORITY 1-71 PROCEDURES – NOTICE AND ORDER.
1-72 DETERMINATION OF CIVIL PENALTIES.
1-73 ADMINISTRATIVE COSTS.
1-74 APPEAL OF ADMINISTRATIVE CIVIL PENALTY.
1-75 FAILURE TO COMPLY WITH ENFORCEMENT OFFICIAL’S NOTICE AND ORDER. 1-76 CIVIL PENALTIES HEARING.
1-77 ADMINISTRATIVE ENFORCEMENT ORDER.
1-78 FAILURE TO COMPLY WITH THE ADMINISTRATIVE ENFORCEMENT ORDER. 1-79 ALLOCATION OF ADMINISTRATIVE CIVIL PENALTIES.
1-70 ADMINISTRATIVE CIVIL PENALTIES; PURPOSE; AUTHORITY (a) This Division governs the administrative assessment of civil penalties for violations of the Hemet Municipal Code and applicable state codes.
(b) The city council finds that there is a need for alternative methods of enforcement of the Hemet Municipal Code and applicable state codes. The city council further finds that the assessment of civil penalties through an administrative hearing procedure for code violations is a necessary alternative method of code enforcement. The administrative assessment of civil penalties established in this Division is in addition to any other administrative or judicial remedy established by law which may be pursued to address violations of the Hemet Municipal Code or applicable state codes. (c) Any person violating any provision of the Hemet Municipal Code or applicable state code may be subject to the assessment of civil penalties pursuant to the administrative procedures provided in this Division.
(d) Each and every day a violation of any provision of the Hemet Municipal Code or applicable state code exists constitutes a separate and distinct violation.
14.B
Exhibit “A”
(e) Civil penalties may be directly assessed by means of a notice and order issued by the enforcement official or affirmed by an enforcement hearing officer. Civil penalties may be recovered as authorized by Division 13 or subsequent legal action brought by the city attorney.
(f) Civil penalties for violations of any provision of the Hemet Municipal Code or applicable state codes shall be assessed at a daily rate determined by the enforcement official or enforcement hearing officer pursuant to the criteria listed in this Division. The maximum rate shall be $2,500.00 per violation.
1-71 PROCEDURES – NOTICE AND ORDER.
(a) Whenever an enforcement official determines that a violation of one or more provisions of the Hemet Municipal Code or applicable state code has occurred or continues to exist, a written civil penalty notice and order may be issued to the responsible person. (b) The Notice and order shall refer to each code section violated and describe how each section is or has been violated.
(c) The notice and order shall refer to the dates and locations of the violations. (d) The notice and order shall describe all remedial action required to permanently correct outstanding violations and establish a time frame for completion. (e) The notice and order shall establish a daily amount of civil penalties. The enforcement official shall determine the daily amount of civil penalties pursuant to the criteria in Section 1-72 of this Division.
(f) The notice and order shall identify a date when the civil penalties began to accrue and a date when the assessment of civil penalties will end, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected. (g) If an enforcement official determines that the violations are continuing, the notice and order shall demand that the responsible person cease and desist from further action causing the violations and commence and complete all action to correct the outstanding violations under the guidance of the appropriate city departments.
(h) The notice and order shall enumerate any other consequences should the responsible person fail to comply with the terms and deadlines, as prescribed in the notice and order. (i) The notice and order shall identify appropriate hearing procedures. (j) The notice and order shall be served upon the responsible person by any one of the methods of service listed in Division 3.
14.B
Exhibit “A”
(k) The notice and order shall identify the factors used by an enforcement official in determining the duration and the daily amount of civil penalties.
(l) More than one notice and order may be issued against the same responsible person if it encompasses either different dates or different violations. 1-72 DETERMINATION OF CIVIL PENALTIES.
(a) In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation. (b) The assessment of civil penalties shall end when all action required by the notice and order has been completed.
(c) In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:
(1) The duration of the violation.
(2) The frequency or recurrence of the violation.
(3) The seriousness of the violation.
(4) The history of the violation.
(5) The responsible person’s conduct after issuance of the notice and order. (6) The good faith effort by the responsible person to comply. (7) The economic impact of the penalty on the responsible person. (8) The impact of the violation upon the community.
(9) Any other factors that justice may require.
(d) The city manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The city manager shall also establish procedures for the use of this penalty schedule.
1-73 ADMINISTRATIVE COSTS.
An enforcement official or enforcement hearing officer is authorized to assess any reasonable administrative costs. Administrative costs may include the costs of scheduling and processing the hearing and all subsequent actions.
14.B
Exhibit “A”
1-74 APPEAL OF ADMINISTRATIVE CIVIL PENALTY.
An appeal of an administrative civil penalty shall follow the procedures set forth in Divisions 11 and 12.
1-75 FAILURE TO COMPLY WITH ENFORCEMENT OFFICIAL’S NOTICE AND ORDER.
An enforcement official shall request an enforcement hearing officer to establish a date, time and place for the civil penalties hearing in accordance with Divisions 11 and 12 when the responsible person fails to comply with the terms of the notice and order. Failure to comply includes failure to pay the assessed civil penalties, failure to commence and complete corrections by the established deadlines or failure to refrain from continuing violations of the Hemet Municipal Code or applicable state codes.
1-76 CIVIL PENALTIES HEARING.
(a) The procedures for the civil penalties hearing are the same as the hearing procedures set forth in Divisions 11 and 12.
(b) The enforcement hearing officer shall only consider evidence that is relevant to the following issues:
(1) Whether the responsible person has caused or maintained a violation of the Hemet Municipal Code or applicable state code that existed on the dates specified in the notice and order; and
(2) Whether the amount of civil penalties assessed by the enforcement official pursuant to the procedures and criteria outlined in Section 1-72 was reasonable. 1-77 ADMINISTRATIVE ENFORCEMENT ORDER.
(a) Once all evidence and testimony are completed, the enforcement hearing officer shall issue an administrative enforcement order which affirms or rejects the enforcement official’s notice and order or which modifies the daily rate or duration of the civil penalties. The enforcement hearing officer may increase or decrease the total amount of civil penalties and costs that are assessed by the enforcement official’s notice and order. (b) The enforcement hearing officer may issue an administrative enforcement order that requires the responsible person to cease from violating the Hemet Municipal Code or applicable state codes and to make necessary corrections. (c) As part of the administrative enforcement order, the enforcement hearing officer may establish specific deadlines for the payment of civil penalties and costs and condition the total or partial assessment of civil penalties on the responsible person’s ability to complete compliance by specified deadlines.
(d) The enforcement hearing officer may issue an administrative enforcement order which imposes additional civil penalties that will continue to be assessed until the responsible person complies with the hearing officer’s decision and corrects the violation.
14.B
Exhibit “A”
(e) The enforcement hearing officer may schedule subsequent review hearings as may be necessary or as requested by a party to the hearing to ensure compliance with the administrative enforcement order.
1-78 FAILURE TO COMPLY WITH THE ADMINISTRATIVE ENFORCEMENT ORDER. (a) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the enforcement official may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order.
(b) After the enforcement hearing officer issues an administrative enforcement order, the enforcement official shall monitor the violations and determine compliance. 1-79 ALLOCATION OF ADMINISTRATIVE CIVIL PENALTIES.
Administrative civil penalties collected pursuant to this Division shall be deposited in the code enforcement civil penalties fund established pursuant to Division 16.
14.B
Exhibit “A”
Division 8
ADMINISTRATIVE CITATIONS
Sections:
1-80 DECLARATION OF PURPOSE.
1-81 AUTHORITY.
1-82 PROCEDURES.
1-83 CONTENTS OF NOTICE OF ADMINISTRATIVE CITATION.
1-84 APPEAL OF ADMINISTRATIVE CITATION.
1-85 ADMINISTRATIVE ENFORCEMENT ORDER.
1-86 PENALTIES ASSESSED.
1-87 FAILURE TO PAY PENALTIES.
1-88 ALLOCATION OF ADMINISTRATIVE PENALTIES.
1-80 DECLARATION OF PURPOSE.
The city council finds that there is a need for an alternative method of enforcement for violations of the Hemet Municipal Code and applicable state codes. The city council further finds that an appropriate method of enforcement for violations is an administrative citation program as authorized by California Government Code Section 53069.4. The procedures established in this Division shall be in addition to criminal, civil or any other legal remedy established by law which may be pursued to address violations of the Hemet Municipal Code or applicable state codes. 1-81 AUTHORITY.
(a) Any person violating any provision of the Hemet Municipal Code or applicable state code may be issued an administrative citation by an enforcement official as provided in this Division.
(b) Each and every day a violation of the Hemet Municipal Code or applicable state code exists constitutes a separate and distinct offense for which an administrative citation may issue. (c) An administrative fine shall be assessed by means of an administrative citation issued by the enforcement official and shall be payable directly to the city finance department.
14.B
Exhibit “A”
(d) Administrative fines assessed by means of an administrative citation shall be collected in accordance with the procedures specified in this Division. (e) The administrative citation process set forth in this Division does not apply to continuing violations of this code that pertain to building, plumbing, electrical, or other similar structural or zoning issues, unless a reasonable opportunity to correct or otherwise remedy the violation is first given to the violator. Ten days shall be deemed to be a reasonable period in the case of most such continuing violations; however, a longer period, in no case to exceed thirty days, shall be allowed at the discretion of the enforcement official. Nothing in this section shall prevent the city from utilizing the administrative citation process for building, plumbing, electrical, or other similar structural or zoning violations which are transient and noncontinuing in nature, or create an immediate danger to health or safety. 1-82 PROCEDURES.
(a) Upon discovering any violation of the Hemet Municipal Code or applicable state codes, an enforcement official may issue an administrative citation to a responsible person in the manner prescribed in this Division. The administrative citation shall be issued on a form approved by the city manager.
(b) In the case of a business, the enforcement official shall attempt to locate the business owner and issue the business owner an administrative citation. If the enforcement official can only locate the manager of the business or the person in apparent charge of the business, the administrative citation may be issued to such person, who may sign or receive the administrative citation as agent for the responsible person or owner of the business. A copy of the administrative citation shall also be served on the business owner or responsible person in the manner prescribed by Division 3.
(c) Once the responsible person is located, the enforcement official shall attempt to obtain the signature of that person on the administrative citation. If the responsible person refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation and subsequent proceedings.
(d) If the enforcement official is unable to locate the responsible person for the violation, then the administrative citation shall be mailed to the responsible person or posted on the property in the manner prescribed in Division 3.
(e) The administrative citation shall contain the signature of the enforcement official. (f) Provided that an administrative citation is properly issued to a responsible person, the failure of any person with an interest in the property to receive notice shall not affect the validity of any proceedings taken under this Division.
1-83 CONTENTS OF NOTICE OF ADMINISTRATIVE CITATION.
(a) The administrative citation shall refer to the date and location of the violations and the approximate time the violations were observed.
14.B
Exhibit “A”
(b) The administrative citation shall refer to the code sections violated and describe how the sections are violated.
(c) The administrative citation shall describe the action required to correct the violations. (d) The administrative citation shall require the responsible person to immediately correct the violations and shall explain the consequences of failure to correct the violations. (e) The administrative citation shall state the amount of penalty imposed for the violations. (f) The administrative citation shall explain how the penalty shall be paid and the time period by which it shall be paid, and the consequences of failure to pay the penalty. (g) The administrative citation shall provide notice of the right to appeal. (h) The citation shall contain the signature of the enforcement official and the signature of the responsible person if that person can be located.
1-84 APPEAL OF ADMINISTRATIVE CITATION.
An appeal of an administrative citation shall follow the procedures in Divisions 11 and 12. 1-85 ADMINISTRATIVE ENFORCEMENT ORDER.
The appeal hearing shall follow the enforcement hearing procedures set forth in Divisions 11 and 12. As part of the administrative enforcement order made pursuant to an administrative enforcement appeal, the enforcement hearing officer may reduce, waive or conditionally reduce the penalties or late fees assessed by the citation. The enforcement hearing officer may also impose conditions and deadlines to correct the violations or require payment of any outstanding penalties. The enforcement hearing officer may assess reasonable administrative costs. 1-86 PENALTIES ASSESSED.
(a) If the responsible person fails to correct the violation, subsequent administrative citations may be issued for the same violation. The amount of the penalty shall increase at a rate specified in this Division.
(b) The penalties assessed for each administrative citation issued for the same violation shall not exceed the following amounts:
(1) First violation: $100.00;
(2) Second violation within a one year period: $200.00; (3) Third or subsequent violation within a one year period: $500.00. (4) Payment of the penalty shall not excuse the failure to correct the violations nor shall it bar further enforcement action by the city.
14.B
Exhibit “A”
(5) All penalties assessed shall be payable to the city finance department. 1-87 FAILURE TO PAY PENALTIES.
The failure of any person to pay the administrative fines assessed by an administrative citation within the time specified on the citation may result in the enforcement official referring the matter to the city finance director to file a claim with the small claims court. Alternatively, the enforcement official may pursue any other legal remedy to collect the administrative fines as provided in Division 16.
1-88 ALLOCATION OF ADMINISTRATIVE FINES.
Administrative fines collected pursuant to this Division shall be deposited in the code enforcement civil penalties fund established pursuant to Division 16.
Division 9
SUMMARY ABATEMENT
Sections:
1-90 DECLARATION OF PURPOSE.
1-91 SUMMARY ABATEMENT.
1-92 AUTHORITY.
1-93 PROCEDURES.
1-90 DECLARATION OF PURPOSE.
The city council finds that its purpose in adopting this Division and Division 10 is to establish a procedure for the summary abatement of public nuisances and code violations. The procedures established herein are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Hemet Municipal Code or applicable state code violations. 1-91 SUMMARY ABATEMENT.
This Division governs the procedures relating to summary abatement of public nuisances. 1-92 AUTHORITY.
Whenever an enforcement official determines that an imminent life safety hazard exists that requires immediate correction or elimination, the enforcement official may exercise the following powers without prior notice to the responsible person:
(a) Order the immediate vacation of any occupants and prohibit occupancy until all repairs are completed. Violation of the enforcement official’s order of immediate vacation and prohibition of occupancy shall constitute a misdemeanor; (b) Post the premises as unsafe, substandard or dangerous; (c) Board, fence or secure the building or site;
14.B
Exhibit “A”
(d) Raze and grade that portion of the building or site to prevent further collapse and remove any hazard to the general public;
(e) Make any minimal emergency repairs as necessary to eliminate any imminent life safety hazard; and
(f) Take any other action as appropriate under the circumstances. 1-93 PROCEDURES.
(a) An enforcement official shall pursue only the minimum level of correction or abatement as necessary to eliminate the immediacy of the hazard. Costs incurred by the city during the summary abatement process shall be assessed and recovered against the responsible person or property owner through the procedures outlined in Section 1-103. (b) The enforcement official may also pursue any administrative or judicial remedy to abate any remaining public nuisance.
14.B
Exhibit “A”
Division 10
ADMINISTRATIVE ABATEMENT
Sections:
1-100 DECLARATION OF PURPOSE.
1-101 AUTHORITY.
1-102 GENERAL PROCEDURES AND APPEALS.
1-103 ABATEMENT OF A PUBLIC NUISANCE BY THE CITY.
1-100 DECLARATION OF PURPOSE.
The city council finds that its purpose in adopting this Division and 9 is to establish a procedure for the abatement of public nuisances and code violations. The procedures established in these sections are in addition to any other legal remedy, criminal or civil, established by law which may be pursued to address Hemet Municipal Code or applicable state code violations. 1-101 AUTHORITY.
Any condition caused, maintained or permitted to exist in violation of any provisions of the Hemet Municipal Code or applicable state codes which constitutes a public nuisance but which does not constitute an imminent life safety hazard may be abated by the city pursuant to the procedures set forth in this Division.
1-102 GENERAL PROCEDURES AND APPEALS.
(a) Abatement Notice.
(1) Whenever an enforcement official determines that public or private property or any portion of public or private property is a public nuisance as generally defined in Division 1 or as declared in a specific section of the Hemet Municipal Code or applicable state codes, an abatement notice may be issued to the responsible person or property owner to abate the public nuisance.
14.B
Exhibit “A”
(2) The abatement notice shall contain a description of the property in general terms reasonably sufficient to identify the location of the property. It shall refer to the Hemet Municipal Code or applicable state code violations which render the property a public nuisance.
(3) The abatement notice shall describe the action required to abate the public nuisance which may include corrections, repairs, demolition, removal, obtaining the necessary permits, vacation of tenants or other appropriate action and shall establish deadlines by which each action must occur.
(4) The abatement notice shall explain the consequences should the responsible person fail to comply with the terms of the notice.
(5) The abatement notice shall identify all applicable hearing and appeal rights. (b) Service of Abatement Notice. The abatement notice shall be served by any one of the methods of service listed in Division 3.
(c) The enforcement official shall establish a reasonable time frame for compliance based on the nature and severity of the nuisance. The time frame shall normally be ten days for a nuisance that does not involve an imminent threat to public health and safety. (d) Right to Appeal.
(1) The responsible person may appeal the abatement notice within ten calendar days from the date of service of the abatement notice by filing a written request to appeal to an enforcement official.
(2) Upon receiving a written request to appeal an abatement notice, an enforcement official shall follow the procedures set forth in Divisions 11 and 12 and request the enforcement hearing officer to schedule a hearing to hear any objections why abatement should not be ordered and effected.
(3) Abatement shall not proceed until the enforcement hearing officer issues an order after an appeal by the responsible person or an appeal has not been timely filed, unless the enforcement hearing officer concludes that an imminent threat to the public’s health and safety exists.
(4) If the enforcement hearing officer issues an order confirming the existence of a public nuisance, the city may immediately abate the public nuisance pursuant to the procedures set forth in Section 1-103 of this Division. The hearing officer’s decision is the final administrative decision and shall become effective upon the date of issuance by the enforcement hearing officer.
1-103 ABATEMENT OF A PUBLIC NUISANCE BY THE CITY.
(a) Once an enforcement official follows the procedures set forth in Section 1-102 of this Division and obtains authorization to abate a public nuisance, the public nuisance may be abated by city personnel or by a private contractor.
14.B
Exhibit “A”
(b) City personnel or a private contractor can enter upon private property in a reasonable manner to abate the public nuisance as specified in the abatement notice or abatement order. Interference with the city’s abatement of the public nuisance by a property owner or responsible person shall constitute a misdemeanor.
(c) When abatement is completed, a report describing the work performed and an itemized account of the total abatement costs shall be prepared by the enforcement official. The report shall contain the names and addresses of the responsible persons or property owners of each parcel, the tax assessor’s parcel number and a legal description of the property. (d) The enforcement official shall request the hearing officer to schedule a confirmation of costs hearing, unless waived in writing by all responsible persons. (e) All administrative and actual costs incurred by the city in abating the public nuisance may be assessed and recovered against the responsible person.
14.B
Exhibit “A”
Division 11
ADMINISTRATIVE ENFORCEMENT APPEALS
Sections:
1-110 APPEAL PROCEDURES.
1-111 APPEAL HEARING.
1-112 FAILURE TO ATTEND AN ADMINISTRATIVE ENFORCEMENT HEARING. 1-110 APPEAL PROCEDURES.
(a) A person served with one of the following documents, orders or notices may file an appeal within ten calendar days from the date of service:
(1) Any administrative abatement or civil penalties notice and order; (2) An administrative citation;
(3) A letter from an enforcement official indicating an intent to record a notice of violation. (b) The appeal shall be made in writing and filed with the City Clerk. (c) The appeal shall be accompanied by an appeal fee in an amount established by resolution of the city council.
(d) The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the effective date of the decision of the body hearing the appeal. Upon the filing of a proper appeal fines shall cease to be imposed unless such cessation would result in the continuation of a life, health, or safety risk. (e) After receiving the written notice of appeal, the enforcement official shall request an administrative enforcement hearing officer to schedule a date, time, and place for the hearing.
14.B
Exhibit “A”
(f) Written notice of the date, time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing on the person appealing the notice by any one of the methods listed in Division 3.
1-111 APPEAL HEARING.
The appeal hearing shall be conducted pursuant to the administrative enforcement hearing procedures set forth in Division 12.
1-112 FAILURE TO ATTEND AN ADMINISTRATIVE ENFORCEMENT HEARING.
Failure to attend the administrative enforcement hearing by the appellant shall constitute a waiver of his or her rights to an administrative enforcement hearing and administrative adjudication of the notice or any portion of the notice.
Division 12
ADMINISTRATIVE ENFORCEMENT HEARING PROCEDURES
Sections:
1-120 DECLARATION OF PURPOSE.
1-121 PROCEDURES FOR NOTIFICATION OF ENFORCEMENT HEARING. 1-122 DISQUALIFICATION OF ENFORCEMENT HEARING OFFICER.
1-123 POWERS OF ENFORCEMENT HEARING OFFICER.
1-124 PROCEDURES AT ADMINISTRATIVE ENFORCEMENT HEARING. 1-125 FAILURE TO ATTEND ADMINISTRATIVE ENFORCEMENT HEARING. 1-126 ADMINISTRATIVE ENFORCEMENT ORDER.
1-127 JUDICIAL REVIEW.
1-128 FAILURE TO COMPLY WITH ADMINISTRATIVE ENFORCEMENT ORDER. 1-120 DECLARATION OF PURPOSE.
(a) This Division establishes the procedures for conducting administrative enforcement hearings.
(b) The city council finds that there is a need to establish a uniform procedure for administrative enforcement hearings conducted pursuant to the Hemet Municipal Code. It is the purpose and intent of the city council to afford due process of law to any person who is directly affected by an administrative action. Due process of law includes: adequate notice, an opportunity to participate in the administrative hearing and an adequate explanation of the reasons justifying the administrative action. These procedures are also intended to establish a forum to efficiently, expeditiously and fairly resolve issues raised in any administrative enforcement action.
(c) The city manager is authorized to develop and implement policies and procedures relating to the qualifications, appointment and compensation of hearing officers, hearing officer powers, hearing procedures, scope of the hearing, and other matters relating to administrative enforcement hearings. The city manager shall promulgate rules and
14.B
Exhibit “A”
procedures as are necessary to establish a list of qualified persons who are capable of acting on behalf of the city as hearing officers. The hearing officers shall be appointed by resolution of the City Council.
1-121 PROCEDURES FOR NOTIFICATION OF ENFORCEMENT HEARING. (a) Where an administrative enforcement remedy or proceeding authorized by this title provides for an enforcement hearing, the enforcement official may request a hearing officer to schedule a day, time and place for the hearing.
(b) Written notice of the time and place of the hearing shall be served at least ten calendar days prior to the date of the hearing to the responsible person or property owner. (c) The format and contents of the hearing notice shall be in accordance with rules and policies promulgated by the city manager.
(d) The notice of hearing shall be served by any of the methods of service listed in Division 3. 1-122 DISQUALIFICATION OF ENFORCEMENT HEARING OFFICER.
Any person designated to serve as an enforcement hearing officer is subject to disqualification for bias, prejudice, conflict of interest, or for any other reason for which a judge may be disqualified in a court of law.
1-123 POWERS OF ENFORCEMENT HEARING OFFICER.
(a) The enforcement hearing officer may continue a hearing based on good cause shown by one of the parties to the hearing or if the hearing officer independently determines that due process has not been adequately afforded.
(b) The enforcement hearing officer shall retain jurisdiction over the subject matter of an administrative enforcement hearing for the purposes of granting a continuance, ensuring compliance with an administrative enforcement order, modifying an administrative enforcement order, or where extraordinary circumstances exist, granting a new hearing. (c) The enforcement hearing officer has the authority to require a responsible person to post a code enforcement performance bond to ensure compliance with an administrative enforcement order. Procedures for the use of a code enforcement performance bond shall be promulgated by the city manager.
1-124 PROCEDURES AT ADMINISTRATIVE ENFORCEMENT HEARING. (a) Administrative enforcement hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply. The procedure and format of the administrative hearing shall be promulgated by the city manager.
(b) The city bears the burden of proof at an administrative enforcement hearing or a nuisance abatement hearing to establish the existence of a violation of the Hemet Municipal Code or applicable state code, or to establish the existence of a public nuisance.
14.B
Exhibit “A”
(c) The standard of proof to be used by the enforcement hearing officer in deciding the issues at an administrative hearing is a preponderance of the evidence standard. (d) Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case.
1-125 FAILURE TO ATTEND ADMINISTRATIVE ENFORCEMENT HEARING.
Any party whose property or actions are the subject of an administrative enforcement hearing and who fails to appear at the hearing is deemed to waive the right to a hearing and to an adjudication of the issues related to the hearing, provided that proper notice of the hearing has been provided.
1-126 ADMINISTRATIVE ENFORCEMENT ORDER.
(a) The decision of the enforcement hearing officer shall be made within 10 days of the hearing, entitled “Administrative Enforcement Order” and be issued in accordance with the rules and procedures promulgated by the city manager.
(b) The administrative enforcement order shall be served on all parties by any one of the methods listed in Division 3 of this code.
(c) The administrative enforcement order shall become final on the date of service of the order. 1-127 JUDICIAL REVIEW.
Judicial review of an administrative enforcement order may be sought pursuant to a writ of administrative mandamus. Once an administrative enforcement order becomes final as provided in this Division, the time in which judicial review of the order must be sought shall be governed by California Code of Civil Procedure Section 1094.6 except as otherwise specifically provided elsewhere in this code.
1-128 FAILURE TO COMPLY WITH ADMINISTRATIVE ENFORCEMENT ORDER.
It is unlawful for a party to an administrative enforcement hearing who has been served with a copy of the final administrative enforcement order to fail to comply with the order. Failure to comply with a final administrative enforcement order may be prosecuted as an infraction or a misdemeanor.
14.B
Exhibit “A”
Division 13
RECOVERY OF CIVIL PENALTIES, ADMINISTRATIVE COSTS AND ABATEMENT COSTS Sections:
1-130 DECLARATION OF PURPOSE.
1-131 PROCEDURES FOR RECOVERING COSTS.
1-132 RECOVERY OF CIVIL PENALTIES.
1-133 AUTHORITY TO IMPOSE LIEN/SPECIAL ASSESSMENT.
1-134 RECOVERY AS A LIEN ON PROPERTY.
1-135 RECOVERY OF COSTS BY SPECIAL ASSESSMENT.
1-136 REPAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES FUND. 1-137 SATISFACTION OF LIEN/SPECIAL ASSESSMENT.
1-130 DECLARATION OF PURPOSE.
The city council finds that, in addition to the filing of civil collection actions by the city attorney, the use of nuisance abatement liens collected as personal obligations against property owners and the use of special assessments on real property will assist in the collection of civil penalties, abatement costs, administrative costs, reinspection fees and late fees assessed pursuant to administrative citations, administrative hearings, judicial orders and other appropriate code enforcement actions. The city council further finds that collection of civil penalties, costs and fees assessed for code enforcement violations is important in deterring future violations and maintaining the integrity of the city’s code enforcement system. The city has the authority to make the expense of enforcement actions and abatement of any nuisance a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with California Government Code Section 38773.1; or, in the alternative, the city has the authority to make the cost of abatement of a nuisance upon a parcel of land a special assessment against that parcel, in accordance with California Government Code Section 38773.5. The procedures established in this Division shall be used to complement existing
14.B
Exhibit “A”
administrative or judicial remedies which may be pursued to address violations of the Hemet Municipal Code or applicable state codes.
1-131 PROCEDURES FOR RECOVERING COSTS.
This Division governs the procedures for recovery of all administrative and actual costs incurred by the city in the recovery of civil penalties, in the abatement of a public nuisance, and for recordation and recovery of costs of enforcing nuisance abatement liens pursuant to the procedures and authority found in the California Government Code. The provisions of Government Code Sections 38771 through 38773.5 and any amendments to those sections are hereby incorporated by reference and made a part of this Division. 1-132 RECOVERY OF CIVIL PENALTIES.
The enforcement official may collect all civil penalties and related administrative costs by the use of all appropriate legal means, including referral to the finance director or city attorney. 1-133 AUTHORITY TO IMPOSE LIEN/SPECIAL ASSESSMENT.
Whenever the amount of any nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city in connection with real property has not been satisfied in full within ninety days and/or has not been successfully challenged by a timely writ of mandate, this obligation may constitute a lien or, in the alternative, a special assessment against the real property on which the violation occurred.
1-134 RECOVERY AS A LIEN ON PROPERTY.
(a) In addition to constituting a personal financial obligation of the person or persons responsible therefor, any nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city in connection with real property may be recovered by recordation of a lien against the subject real property. (b) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt imposed by the city has not been satisfied in full within ninety days of the date it was imposed, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a lien against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law. (c) The resolution shall state the amounts due and owing, the name of the agency imposing the lien (City of Hemet), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor’s parcel number of the subject property, and the name and address of the recorded owner of the property.
14.B
Exhibit “A”
(d) A copy of the resolution shall be served on the property owner, along with notice to the property owner that a lien in the amounts stated in the resolution will be filed against the subject property in the Riverside County recorder’s office. (e) The notice set forth in subsection (d) shall be served in the same manner as a summons in a civil action in accordance with the Code of Civil Procedure Section 415.10 et seq. If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Riverside County. (f) Following proper notice to the owner of record as provided in subsection (e), the resolution and notice shall be recorded as a lien with the county recorder. Once recorded, the resolution and notice shall have the force and effect and priority of a judgment lien governed by the provisions of Code of Civil Procedure Section 697.340 and may be extended as provided in Code of Civil Procedure Sections 683.110 to 683.220, inclusive. (g) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law. (h) A lien pursuant to this section may be foreclosed by an action brought by the city for a money judgment.
1-135 RECOVERY OF COSTS BY SPECIAL ASSESSMENT.
(a) As an alternative to the procedure above in this Division, there is hereby established a procedure for making any nuisance abatement charge, administrative penalty, administrative cost or other debt imposed by the city in connection with real property a special assessment against the subject real property.
(b) Upon determination by the city manager or his designee that the nuisance abatement charge, administrative penalty, administrative cost, or other debt incurred by the city has not been satisfied in full within ninety days of the date it was imposed and/or has not been successfully challenged by a timely writ of mandate, the city manager or his designee shall recommend that the city council adopt a resolution confirming imposition of the debt and approving the filing of a special assessment against the subject real property. Before taking these actions, however, the city manager or his designee shall wait until any timely filed writ of mandate challenging the penalty/cost/charge/debt is disposed of by a court of law. (c) The resolution shall state the amounts due and owing, the name of the agency imposing the special assessment (City of Hemet), the date of the order or other notice describing the property violation or nuisance in question, the street address and assessor’s parcel number of the subject property, and the name and address of the recorded owner of the property. (d) A copy of the resolution shall be served on the property owner, along with notice that the property may be sold after five years by the tax collector for unpaid delinquent assessments.
If the owner of record cannot be found after diligent search, then the notice shall be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Riverside County.
The tax collector’s power of sale shall not be affected by the failure of the property owner to receive notice.
14.B
Exhibit “A”
(e) The assessment may 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 procedure 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 the special assessment. However, if any real property to which the assessment relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the assessment shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
(f) The interest rate set for money judgments in Code of Civil Procedure Section 685.010 shall accrue on the principal amount of the lien until satisfied pursuant to law. (g) The city may, subject to the requirements applicable to the sale of property pursuant to Revenue and Taxation Code Section 3691, conduct a sale of vacant residential developed property for which the payment of the assessment is delinquent. (h) The resolution adopted by the city council under this section shall be entitled to recordation. 1-136 REPAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES FUND.
All monies recovered by payment of the charge or assessment or from the sale or transfer of the property shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in 16, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.
1-137 SATISFACTION OF LIEN/SPECIAL ASSESSMENT.
Once payment in full is received by the city for the outstanding debt, the finance director or his designee shall:
(a) With respect to a lien, either record a notice of satisfaction or provide the property owner or financial institution with a notice of satisfaction so they may record this notice with the county recorder. Such notice of satisfaction shall cancel the city’s lien; and (b) With respect to a special assessment, provide written notice to the tax collector that the special assessment amount has been paid in full and should no longer be imposed against the subject property. Such written notice shall cancel the city’s special assessment.
14.B
Exhibit “A”
Division 14
ATTORNEYS’ FEES AND COSTS
Sections:
1-140 DECLARATION OF PURPOSE.
1-141 RECOVERY OF COSTS.
1-140 DECLARATION OF PURPOSE.
The city council hereby finds that there is a need to recover costs and fees incurred by the city to abate public nuisances. The city council further finds that the recovery of attorneys’ fees in nuisance abatement actions and proceedings will further the strong public policy of encouraging the abatement of public nuisances in the city, will facilitate the city’s efforts to maintain effective and efficient nuisance abatement programs within the city and will, accordingly, serve as an effective deterrent to the maintenance of public nuisances. 1-141 RECOVERY OF COSTS.
Pursuant to California Government Code Section 38773.5, or its successor statutes, in any action, administrative proceeding or special proceeding to abate a public nuisance wherein the city elects at the initiation of the action or proceeding to seek recovery of its attorneys’ fees, the prevailing party shall be entitled to recover the amount of its reasonable attorneys’ fees incurred in the action or proceeding.
14.B
Exhibit “A”
Division 15
CODE COMPLIANCE COST RECOVERY
Sections:
1-150 CODE COMPLIANCE COSTS.
1-151 DECLARATION OF PURPOSE.
1-152 AUTHORIZATION.
1-153 ASSESSMENT OF CODE COMPLIANCE COSTS.
1-154 NOTICE OF ASSESSMENT OF CODE COMPLIANCE COSTS.
1-155 FAILURE TO PAY CODE COMPLIANCE COSTS.
1-156 COLLECTION OF CODE COMPLIANCE COSTS.
1-157 PAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.
1-150 CODE COMPLIANCE COSTS.
This Division governs the general procedures for recovering code compliance costs incurred by the city unless other provisions of this code establish another specific procedure for a particular type of code compliance cost recovery.
1-151 DECLARATION OF PURPOSE.
The city council finds there is a need to recover costs, including legal costs, incurred by enforcement officials and other city personnel, who spend considerable time and resources in an effort to ensure that compliance with the Hemet Municipal Code or applicable state codes has been obtained.
14.B
Exhibit “A”
1-152 AUTHORIZATION.
Whenever an enforcement official determines a property to be in violation of provisions of the Hemet Municipal Code or applicable state codes and those violations have been listed in a notice of violation, the enforcement official shall assess code compliance costs against the responsible person or property owner.
1-153 ASSESSMENT OF CODE COMPLIANCE COSTS.
A code compliance cost fee schedule shall be established and revised as necessary by the city council to reflect current actual costs. The fee schedule shall be filed in, and available for public review at, the city clerk’s office.
1-154 NOTICE OF ASSESSMENT OF CODE COMPLIANCE COSTS.
(a) Where the assessment of code compliance costs is authorized under this Division, the appropriate city enforcement official shall provide the responsible person with a written notice of the amount of costs assessed. The written notice shall contain the following information:
(1) An itemized list of the amounts charged;
(2) The corresponding dates when code compliance costs were incurred; (3) A deadline by which the costs must be paid; and
(4) Notice that additional fees may be charged for late payment. (b) Service of notice of the code compliance cost assessment shall be provided to the responsible person or property owner by any of the means outlined in Division 3. (c) Code compliance costs may be assessed as part of any judicial or administrative enforcement action as provided for in this Division.
(d) The failure of any responsible person or property owner to receive notice of the code compliance cost assessment shall not affect the validity of any costs imposed under this Division.
1-155 FAILURE TO PAY CODE COMPLIANCE COSTS.
The failure of any person to pay code compliance cost assessment by the deadline specified in the written notice shall result in the assessment of an additional late fee. The amount of the late fee shall be established by the city council.
1-156 COLLECTION OF CODE COMPLIANCE COSTS.
14.B
Exhibit “A”
The enforcement official shall collect the assessed code compliance costs and late fees by the use of all appropriate legal means, including but not limited to referral to the city finance department or city attorney for collection or by lien or special assessment pursuant to Division
13. 1-157 PAYMENT TO CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.
All code compliance costs and late fees recovered shall be remitted to the city finance director who shall credit the appropriate amount to the code enforcement civil penalties fund provided for in Division 16, or alternatively use the monies to reimburse the department responsible for the subject code enforcement action where appropriate.
Division 16
CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND Sections:
1-160 DECLARATION OF PURPOSE.
1-161 ESTABLISHMENT OF CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.
1-162 USE OF FUNDS.
1-160 DECLARATION OF PURPOSE.
The city council finds that there is a need to create and maintain a funding source for the administration and operation of code enforcement activities in the city. In order to effectively administer such activities as nuisance abatement, inspections and reinspections, imposition of liens and special assessments on real property, administrative hearings related thereto, departmental code enforcement cost reimbursement, and other activities to enhance and improve code enforcement for the public safety and welfare, the establishment of a code enforcement civil penalties and cost recovery fund is essential. 1-161 ESTABLISHMENT OF CODE ENFORCEMENT CIVIL PENALTIES AND COST RECOVERY FUND.
There shall be established a code enforcement civil penalties and cost recovery fund which shall be administered by the finance director and shall consist of all monies collected by the
14.B
Exhibit “A”
imposition of fines, civil penalties, nuisance abatement recovery monies and all other costs and reimbursements recovered by code enforcement actions.
1-162 USE OF FUNDS.
All funds collected from code enforcement actions shall be deposited into a separate fund and used for the supplemental financing of code enforcement programs or, where appropriate, to reimburse the department responsible for the subject code enforcement action.
Division 17
PRIVATE NUISANCE ABATEMENT
Sections:
1-170 PRIVATE NUISANCE.
1-171 PRIVATE NUISANCE ABATEMENT.
1-170 PRIVATE NUISANCE.
No person on private property shall engage in any activity or create any condition which unreasonably disturbs, or would tend to unreasonably disturb, a person of reasonable sensibilities on private property in the same vicinity, or which is so harsh, prolonged, unnatural or unusual in use, time or place as to cause physical discomfort to such person on private property in the same vicinity, if the disturbing activity or condition can be eliminated or ameliorated with reasonable accommodation on the part of the disturbing party. As used in this Division, an unreasonably disturbing activity or condition shall include the emission of harsh, prolonged or unusual lighting from privately owned property, the emission of unreasonably loud, prolonged or unusual noise from privately owned property, or the emission of noxious, foul or nauseating odors, vapors, smoke or fumes from privately owned property. 1-171 PRIVATE NUISANCE ABATEMENT
(a) Subject to the requirement of subsection (b), any person who is unreasonably disturbed, or whose property is damaged, by private nuisance activity or a private nuisance condition
14.B
Exhibit “A”
existing on private property as defined in Section 1-170 may bring a private nuisance cause of action for damages and/or injunctive relief to abate that private nuisance. (b) Any person who intends to institute a private nuisance lawsuit pursuant to subsection (a) shall first attempt to informally resolve the dispute with the person or persons allegedly responsible for the nuisance including, if agreed to by the person allegedly responsible for the nuisance, submitting the dispute to mediation. If mediation is not successful or if the person allegedly responsible for the nuisance does not agree to mediation, a private nuisance lawsuit pursuant to subsection (a) may be initiated.
14.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 11 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Second Reading and Adoption of Ordinance 1990, an Ordinance of the City Council of the City of Hemet, California, Amending Articles I and II of Chapter 53 of the Hemet Municipal Code Related to Personal Conduct
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Waive further reading and adopt by title only Ordinance 1990, an Ordinance of the City Council of the City of Hemet, California, amending Articles I and II of Chapter 53 of the Hemet Municipal Code related to Personal Conduct.
BACKGROUND:
PREVIOUS COUNCIL ACTION:
Introduced for first reading at December 14, 2021, Regular City Council Meeting, with the following action:
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to introduce, read by title only, and waive further reading of an Ordinance Entitled, an Ordinance of the City Council of the City of Hemet, California, amending Articles I and II of Chapter 53 of the Hemet Municipal Code related to Personal Conduct.
This report provides for the City Council to waive further reading and adopt the Ordinance. The Ordinance shall be effective 30 days from adoption.
STRATEGIC PLAN INTEGRATION:
14.C
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
The proposed action aligns with Council adopted objectives: Enhance the visual appearance of the community to make it attractive and reduce blight; explore and implement homelessness solutions for the City of Hemet; and increase Public Safety visibility and response.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted objectives: Evaluate existing practices to ensure continuity with industry best practices, and provide Council with policies that are consistent while lessening liabilities.
ATTACHMENT(S):
Attachment 1: Hemet Obstructing Panhandling Ordinance Cover
14.C
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. xxxx
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
HEMET, CALIFORNIA,
AMENDING ARTICLES I AND II
OF CHAPTER 53 OF THE
HEMET MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HEMET DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1.The definition of Camp in Section 53-1 of the Hemet Municipal Code shall be amended to
read as follows:
Camp means in light of all the circumstances,
residing in or using an outdoor place for
nighttime living accommodation purposes such
as sleeping activities; making preparations to
sleep overnight, including the laying down of
bedding for the purpose of sleeping and storing
personal belongings; pitching a tent or
occupying camp facilities; setting up or using
any camp paraphernalia.
Section 2.Section 53-2 of Article I of Chapter 53 of the Hemet Municipal Code shall be amended to
read as follows:
14.C
“Section 53-2 Obstructing Public Property
(a) No person shall obstruct a street, sidewalk, or other public right-of-way in any manner, including but not
limited to, by sitting or lying, or by storing, using,
maintaining, or placing personal property:
(1) in a manner that impedes passage by reducing
the width of a sidewalk to fewer than forty-eight
(48) inches, as provided by the Americans with
Disabilities Act of 1990, Pub. L, No. 101-336,
104 Stat. 328 (1990), as amended from time to
time;
(2) within twenty feet of any:
(i) operational or utilizable driveway or loading
dock;
(ii) operational or utilizable building entrance or
exit;
(iii) any fire hydrant, fire plug, or other fire
department connection;
(3) within the public right-of-way in a manner that
obstructs or unreasonably interferes with the use
of the right-of-way for any activity for which the
City has issued a permit.
(b) No person shall obstruct any portion of any street or other public right-of- way open to use by motor
vehicles, or any portion of a bike lane, bike path, or
other public right-of-way open to use by bicycles, by
sitting or lying, or by storing, using, maintaining, or
14.C
placing personal property, anywhere within the street,
bike lane, bike path, or other public right-of-way.
(c) Except as limited by Subsection (d), no person shall obstruct, including to sit or lie, or store, use, maintain, or place personal property, in or upon any street,
sidewalk, or other public right-of-way or public property:
(1) within five hundred (500) feet of a sensitive use.
As used in this Chapter, "sensitive use" means a
property used as a School, Day Care Center,
Public Park, or Public Library;
(2) within five hundred (500) feet of a tunnel, bridge, pedestrian bridge, wash, flood control channel,
domestic water well or pump station, common
area landscaping maintained by the City, fire
station, police station, reservoir, or spreading
ground;
(3) within five hundred (500) feet of a facility that
provides shelter, safe sleeping, or safe parking
to homeless persons, or that serves as a
homeless services navigation center;
(4) that has been posted with signage prohibiting
sitting or lying, or storing, using, maintaining, or
placing personal property. In order to designate
a section of street, sidewalk, or other public
right-of-way or public property as prohibited
under this subdivision, the City Manager shall
determine, based on specific documentation,
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that the circumstances of continued sitting or
lying, or storing personal property, or otherwise
obstructing the public right-of-way at that
location poses a particular and ongoing threat to
public health or safety.
(5) in or upon any parking area or path of travel
open to the public that has been posted with
signage prohibiting sitting or lying, or storing,
using, maintaining, or placing personal property
and referencing this Chapter.
(d) No person shall be found to be in violation of any
prohibition set forth in Subsection (c), unless and until either: (i) signage is posted at the designated area
indicating that sitting or lying, or storing, using,
maintaining, or placing personal property is prohibited, or (ii) the person has been provided with a warning that sitting or lying, or storing, using, maintaining, or placing personal property is prohibited in the designated area. (e) Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code.
Section 3.Section 53-8 is amended to read as follows:
“Sec. 53-8. Camping.
No person shall camp on any private property within the city except where otherwise permitted by the City Code or other relevant law.
Exceptions.
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(1) Camping in the yard of a residence with the
consent of the owner or occupant of the
residence, where the camping is in the rear
yard, or in an area of a side yard that is
separated from view from the street by a fence,
hedge or screen. In no case shall camping
under this provision be permitted for more than
three days during any one calendar month;
(2) Inside of a licensed and registered vehicle in a
residential off-street driveway with written
consent of the business owner or the owner of
the residence, where the driver/occupant of such
vehicle is in possession of a valid driver's license
and that the vehicle is currently registered with
the Department of Motor Vehicles for the State
that issued the license plates affixed thereon the
vehicle, provided that no more than two vehicles
shall be permitted at any one location. In no
case shall camping under this provision be
permitted for more than three days during any
one calendar month;
(3) Camping shall not be permitted under this
subsection where it violates state, county or city
health, building, electrical, plumbing, fire or other
codes or relevant law.”
Section 4. Section 53-9 shall be deleted in its entirety.
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Section 5.Article II of Chapter 53 (Personal Conduct) shall be amended to read as follows:
“ARTICLE II – AGGRESSIVE SOLICITATION
Sec. 53-11 Findings, Purpose, and Intent
The City Council hereby finds, determines and declares that:
(a) Solicitations made in an aggressive manner are unsafe and disruptive to persons in the City of Hemet and are
a threat to public health, safety, and general welfare.
Aggressive solicitations typically include approaching
or following pedestrians, the use of abusive language,
unwanted physical contact, or the intentional blocking
of pedestrian and vehicular traffic.
(b) An increase in aggressive solicitation throughout the city has become extremely disturbing and disruptive to
residents and businesses, and has contributed not only
to the loss of access to and enjoyment of public places, but also to an enhanced sense of fear, intimidation and disorder.
(c) Aggressive solicitation from people in places where they are a “captive audience” in which it is impossible or difficult for them to exercise their own right to decline to listen to or to avoid solicitation from others, is
problematic, detracts from the rights of persons in the city to quietly enjoy public facilities and presents a risk to the health, safety and welfare of the public.
(d) The presence of individuals who solicit money from
persons at or near banks or automated teller machines
is especially threatening and dangerous. Such activity
often carries with it an implicit threat to both person and property. Restricting solicitation in such places will
provide a balance between the rights of solicitors and
the rights of persons who wish to decline or avoid such solicitations, and will help avoid or diminish the threat of violence in such unwarranted and unavoidable
confrontations.
(e) Aggressive solicitation on roadway median strips, at traffic intersections, in public parking lots and in the public roadway and lingering and loitering on a median
are unsafe and hazardous for solicitors, drivers,
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pedestrians, and the general public. Aggressive
soliciting on roadway median strips, at traffic
intersections, in public parking lots and in the public roadway increases the risk of drivers becoming
distracted from their primary duty to watch traffic, which may result in automobile accidents, congestion and
blockage of streets, and delay and obstruction of the
free flow of travel, all of which constitute substantial traffic safety problems.
(f) The council’s intent in enacting this Article is not to interfere with the exercise of First Amendment rights of those engaged in solicitation on roadway median strips, at traffic intersections, in public parking lots and in the public roadway and lingering and loitering on the
medians, but only to minimize the safety hazards of
those in such areas as well as the drivers and
passengers in vehicles near these areas and in a
manner to minimize those safety hazards.
(g) The practice of aggressive solicitation near driveways accessing shopping centers, retail, and business
establishments is unsafe and hazardous for solicitors,
drivers, pedestrians and the general public. The
location of the solicitor near the driveway compromises the solicitor’s safety, impedes visibility, and impairs a driver’s ability to safely enter and exit. Drivers also become distracted from their duty to watch traffic,
which may result in automobile accidents, congestion
and blockage of streets, and delay and obstruction of
the free flow of travel, all of which constitute substantial traffic safety problems.
(h) The restrictions of this Article are content neutral and are narrowly tailored to serve a significant
governmental interest, but still provide alternative
avenues of communication.
(i) The reasonable time, place, manner restrictions in this Article avoid the negative effects of aggressive
solicitation and solicitation in unsafe places and will not unreasonably restrict free speech of people engaged in
solicitation.
(j) This Article is adopted pursuant to the authority granted to the City of Hemet in Article XI, Section 7 of the
California Constitution.
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(k) The purpose and intent of this Article is to protect public health, safety and the general welfare of people in the City of Hemet and improve the quality of life and economic vitality of the City of Hemet by imposing
reasonable time, place, manner, restrictions on certain forms of solicitation while respecting the constitutional rights of free speech for all citizens as further described in these findings.
(l) The provisions of this Article shall apply generally to all property throughout the city wherein any of the
conditions specified in this Article are found to exist; provided, however, that any condition that constitutes a violation of this Article, but which is permitted or
authorized under any local, state or federal law, shall not be deemed to violate this Article.
Sec. 53-12 Definitions.
As used in this Article, the following words, terms and phrases shall have the following meanings, unless a different meaning is apparent from the context or is specified elsewhere in this Article:
“After dark” means any time from one-half hour after sunset to one-half hour before sunrise.
“Aggressive manner” means any of the following:
1. Conduct intended or likely to cause a
reasonable person to fear bodily harm to oneself
or to another, damage to or loss of property, or
otherwise be intimidated into giving money or
other thing of value;
2. Intentionally touching or causing physical
contact with another person or an occupied
vehicle without that person’s consent;
3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by
any means, including unreasonably causing a
pedestrian or vehicle operator to take evasive
action to avoid physical contact;
4. Using violent or threatening gestures toward a
person; or
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5. Persisting in closely following or approaching a
person, after the person has informed a solicitor
that such person does not want to be solicited or
does not want to give money or any other thing
of value to the solicitor.
“Automated teller machine” or “ATM” means any electronic information processing device that accepts or dispenses cash in connection with a credit, deposit, or convenience account. “Automated teller machine facility” means the area
comprised of one or more automated teller machines, and any adjacent space that is made available to banking customers after regular banking hours.
“Bank” means any member bank of the Federal Reserve
System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
“Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to California Financial Code Section 12000 et seq., as may be amended. “Credit union” means any federal credit union and any state- chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration. “Donation” shall mean a gift of money or other item of value. “Financial institution” includes a bank, savings and loan association, credit unions and check cashing business.
“Linger on a median” means remaining in a median longer than two traffic signals cycles, except in an emergency or except where the median is specifically designated for
pedestrians or equestrians.
“Loiter on a median” means standing or lingering in a median for any purpose other than to safely and lawfully cross the street, except in an emergency or except where the median is specifically designated for pedestrians or equestrians. “Median” shall mean a paved or planted area of public right- of-way that divides a street or highway according to the
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direction of travel.
“Motor vehicle” means any propelled vehicle or vehicle
drawn by a power other than muscular power, other than a motorized wheelchair.
“Public place” means a place to which the public or a
substantial group of persons has access, and includes,
without limitation, any street, highway, sidewalk, median, parking lot, plaza, transportation facility, school, place of amusement, park, playground and any doorway, entrance,
hallway, lobby and other portion of any business
establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.
“Public transportation vehicle” means any vehicle, including a trailer bus, or train, designed, used or maintained for carrying ten or more persons, including the driver; or a passenger vehicle designed for carrying fewer than ten
persons, including the driver, and used to carry passengers for hire.
“Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 1752 of the Federal Credit Union Act, as amended.
“Solicit” shall mean to ask, beg, request or panhandle using spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate
donation of money or other thing of value or soliciting the sale of goods or services.
“Solicitor” means one who solicits as defined in this section.
Sec. 53-13 Aggressive solicitations prohibited.
No person shall solicit in an aggressive manner in any public place.
Sec. 53-14 All solicitations prohibited at specified
locations.
(a)Financial Institutions and Automated Teller
Machines (ATMs). No person shall solicit within
twenty-five feet of any entrance or exit of any financial institution during its business hours or within twenty-
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five feet of any automated teller machine during the
time it is available for customers’ use. When an
automated teller machine is located within an
automated teller machine facility, such distance shall
be measured from the entrance or exit of the
automated teller machine facility. No person shall solicit within an automated teller machine facility where a
reasonable person would or should know that he or she
does not have the permission to do so from the owner
or other person lawfully in possession of such facility. (b)Parking Lots. No person shall solicit in any public
parking lot or structure any time after dark.
(c)Public Transportation Vehicles and Stops. No
person shall solicit in any public transportation vehicle or within fifty feet of any designated or posted public transportation vehicle stop.
(d)Gasoline Stations, Fuel Pumps, and Electric
Vehicle Charger. No person shall solicit from an
operator or occupant of a motor vehicle while such
vehicle is stopped in a gasoline station, at a fuel pump, or at an electric vehicle charger.
(e)Driveways Accessing Shopping Center, Retail and
Business Establishments. No person shall solicit
from an operator or occupant traveling in a motor
vehicle while such vehicle is located within twenty-five feet of a driveway providing vehicular access to a
shopping center, retail or business establishment.
(f)Medians.
1) No person shall linger on a median.
2) No person shall loiter on a median.
3) No person shall solicit upon any median.
(g)Dining Establishments. No person shall solicit in any restaurant or other dining establishment serving food
for immediate consumption.
(h)Restrooms. No person shall solicit in any restroom
open to the public.
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Section 6.If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 7. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.
INTRODUCED at the regular meeting of Hemet City
Council on December 14, 2021.
.
_________________________
Malcolm Lilienthal, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________
_________________________
John Paul Maier, City Clerk Steven Graham
City Attorney
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the day of 2022
AYES: Council Members: None.
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_________________________________
John Paul Maier, City Clerk
14.C
14.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 11 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Approval of the Regular City Council Meeting Minutes of December 14, 2021, Special Closed Session City Council Meeting on December 21, 2021, and Special City Council Meeting on January 4, 2022.
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the Regular City Council Meeting Minutes of December 14, 2021, Special Closed Session City Council Meeting on December 21, 2021, and Special City Council Meeting on January 4, 2022.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 2: Increase transparency for the public.
ATTACHMENT(S):
Attachment 1: 2021-12-14 Draft Minutes
Attachment 2: 2021-12-21 SM Draft Minutes
Attachment 3: 2022-01-04 SM Draft Minutes
14.D
DRAFT MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Teleconference Number: (888) 585-9008, when prompted dial: 768-176-038 Tuesday, December 14, 2021
REGULAR MEETING - 6:00 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:04 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Meyer presiding.
2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Meyer
Mayor Pro Tem Lilienthal
Council Members Brown, Krupa (Via Zoom),
Staff Present:
City Manager:
Interim City Attorney:
City Clerk:
Lopez
Steven Graham
Maier
3. INVOCATION
Invocation was given by Steven Newman.
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Meyer.
14.D
City Council Meeting
December 14, 2021
5. CERTIFICATION OF ELECTION RESULTS
5.A A Resolution of the City Council of the City of Hemet, California, Reciting the Fact of the Consolidated Special Election Held on November 2, 2021, Declaring the Result Thereof and Such other Matters as are Provided by Law Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND MAYOR PRO TEM LILIENTHAL, CARRIED 4-0, to adopt Resolution-126 of the City Council of the City of Hemet, California, reciting the fact of the Consolidated General Election held on November 2, 2021, declaring the result thereof and such other matters as are provided by law.
6. OATH OF OFFICE
6.A Swearing-In of the District 4 City Council Member Elect: Joe Males City Clerk Maier provided the Oath of Office to Council Member Elect Joe Males.
7. CITY COUNCIL REORGANIZATION
7.A City Council Reorganization – Nominations for the Office of Mayor and Mayor Pro Tem to Serve until December 13, 2022
Mayor Meyer called for nominations for the Office of Mayor.
Council Member Brown nominated Council Member Lilienthal to serve as Mayor, Second by Council Member Krupa.
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to select Council Member Lilienthal as the next Mayor to serve until December 13, 2022.
Mayor Lilienthal called for nominations.
Mayor Lilienthal nominated Council Member Krupa to serve as Mayor Pro Tem, Second by Council Member Brown, Council Member Males made a substitute Motion to nominate Council Member Meyer as Mayor Pro Tem, Second by Council Member Meyer.
MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER MEYER, CARRIED 5-0, to select Council Member Meyer as the next Mayor Pro Tem to serve until December 13, 2022.
Mayor Lilienthal recessed the meeting at 6:34 p.m. for seat reorganization.
The City Council reconvened at 6:35 p.m.
14.D
City Council Meeting
December 14, 2021
Mayor Lilienthal recessed the meeting at 6:36 p.m.
8. RECESS TO CLOSED SESSION
CLOSED SESSION – 6:00 P.M. OR SOON THEREAFTER
9. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 8:01 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.
10. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Council Member Brown
Council Member Krupa (Via Zoom)
Council Member Males
Mayor Lilienthal
Mayor Pro Tem Meyer
Absent:
Staff Present: City Manager Lopez
Interim City Attorney Graham
City Clerk Maier
11. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Meyer asked for Public Comments; four speakers spoke. Steve Norman, Marianne Derouin, David Prietto, and Denis Fletcher.
Council recessed into Closed Session at 6:40 p.m.
12. DISCUSSION ITEMS
12.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Christopher Lopez, City Manager Employee Organization: HFFA, HMMA, HPMA, AND HPOA
12.B CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Paragraph (1) of subdivision (d) of Section 54956.9.
National Prescription Opiate Litigation, U.S.D.C. Case No. 1:17-CV-2804
13. ADJOURNMENT OF CLOSED SESSION
14. RECONVENE TO REGULAR SESSION – 7:00 P.M. OR SOON THEREAFTER The City Council reconvened from Closed Session at 8:02 P.M.
14.D
City Council Meeting
December 14, 2021
Mayor Lilienthal announced that Item 19.A would be considered at this time because the Public Hearing Notice noted a start time of 8:00 P.M.
15. CITY ATTORNEY CLOSED SESSION REPORT
15.A City Attorney’s Report regarding Closed Session
Action:
Interim City Attorney Graham stated there were no reportable actions for Item 12.A and for Item 12.B settlement direction was provided, CARRIED 5-0.
16. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, ten speaker cards were registered and one e- comment was read into the record. Pat Gregory, Sue Savage, Michael Perciful, Jerrianne Franklin, Susan Henson (E-Comment), Time Donations were allotted to David McDonough, and Joanna Cruz.
17. PRESENTATIONS
17.A Service Award to Mayor Karlee Meyer
Mayor Lilienthal presented the Service Award to Mayor Pro Tem Meyer.
17.B Highlight Reel of Recent Accomplishments in Hemet
City Manager Lopez presented the Highlight Reel of Recent Accomplishments in Hemet.
17.C Hemet Holidays: Community Highlights and Awards
Mayor Pro Tem Meyer presented the Hemet Holidays: Community Highlights and Awards.
17.D International Volunteer Day Proclamation
Mayor Lilienthal presented the Proclamation.
17.E International World Disability Day Proclamation
Mayor Lilienthal presented the Proclamation.
18. RECEIVE AND FILE
18.A The City of Hemet Warrant Registers Dated November 4, 2021, in the amount of $838,319.12 and November 18, 2021, in the amount of $1,824,438.61. The Payroll Periods of October 18, 2021 - October 31, 2021, in the amount of $720,851.36 and November 1, 2021 - November 14, 2021, in the amount of
14.D
City Council Meeting
December 14, 2021
$729,055.31
Action:
By consensus, the City Council received and filed the City of Hemet Warrant Registers.
The City Council reconvened from Closed Session and asked staff for the Staff Report for Item
19.A at 8:03 P.M.
19. PUBLIC HEARINGS
19.A Conduct a Public Hearing and Receive Direction Regarding the Redistricting Process and Authorization to Enter Into a Professional Services Agreement with Best Best & Krieger for Redistricting Consulting Services City Manager Lopez recused himself from staff participation and discussion regarding Item
19.A.
Mayor Lilienthal opened the Public Hearing.
Judy Rice, expressed support for the redistricting process and urged the City Council to listen to the public’s input and communities of interest.
Mayor Lilienthal closed the Public Hearing.
Action:
MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution-127 of the City Council of the City of Hemet, California, awarding a Professional Services Agreement with Best Best and Krieger in the amount of $44,000 for redistricting consulting services and authorize the City Manager to execute all necessary documents.
City Manager Lopez returned to the dais at the conclusion of the City Council’s discussion.
19.B Program Year 2022 Community Development Block Grant Initial Public Hearing (For Fiscal Year 2022-2023)
Mayor Lilienthal opened the Public Hearing.
Mayor Lilienthal closed the Public Hearing.
Action:
1. The City Council received and considered all comments for incorporation in the City of Hemet 2022 Annual Action Plan draft, and;
2. The Mayor announced the formation of the CDBG Ad Hoc committee and appointed two Council Members: Council Member Males and Mayor Lilienthal for the 2022 CDBG application selection and funding recommendations.
14.D
City Council Meeting
December 14, 2021
20. CONSENT CALENDAR
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to approve the Consent Calendar, with the removal of Item 20.V for separate consideration.
20.A Approval of Regular City Council Meeting Minutes of September 14, 2021, Regular City Council Meeting Minutes of September 28, 2021, Regular City Council Meeting Minutes of October 12, 2021, Regular City Council Meeting Minutes of October 26, 2021, Regular City Council Meeting Minutes of November 9, 2021, Special Joint City Council and Planning Commission Meeting of November 10, 2021, and the Special Closed Session City Council Meeting on November 30, 2021.
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to approve Regular City Council Meeting Minutes of September 14, 2021, Regular City Council Meeting Minutes of September 28, 2021, Regular City Council Meeting Minutes of October 12, 2021, Regular City Council Meeting Minutes of October 26, 2021, Regular City Council Meeting Minutes of November 9, 2021, and Special Joint City Council and Planning Commission Meeting of November 10, 2021, and the Special Closed Session City Council Meeting on November 30, 2021.
20.B Authorize the Mayor to Execute an Amendment to the Western Riverside Council of Governments' Joint Powers Agreement
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to authorize the Mayor to Execute an Amendment to the Western Riverside Council of Governments' Joint Powers Agreement.
20.C Second Reading and Adoption of Ordinance 1985, an Ordinance of the City Council of the City Of Hemet, California, Amending Three Sections of Chapter 90 (Zoning) of the Hemet Municipal Code Regarding an Amendment to the Building Height Allowance in the (C-M) Commercial Manufacturing Zone with Exceptions in the C-M (Commercial Manufacturing), Business Park (BP), M-1 (Limited Manufacturing) and M-2 (General Manufacturing) Zones Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to waive further reading and adopt by title only Ordinance 1985, an Ordinance of the City Council of the City Of Hemet, California, Amending Three Sections of Chapter 90 (Zoning) of the Hemet Municipal Code Regarding an Amendment to the Building Height Allowance in the (C-M) Commercial Manufacturing Zone with Exceptions in the C-M (Commercial Manufacturing), Business Park (BP), M-1 (Limited Manufacturing) and M-2 (General Manufacturing) Zones.
14.D
City Council Meeting
December 14, 2021
20.D Second Reading and Adoption of an Ordinance 1987, an Ordinance of the City Council of the City of Hemet, California, Amending Two Sections of Chapter 90 (Zoning) of the Hemet Municipal Code to Establish Objective Design and Development Standards and to Amend Site Development Review Applications Citywide
Action:
It is respectfully recommended that the City Council:
Waive further reading and adopt by title only Ordinance 1987, an Ordinance of the City Council of the City of Hemet, California, amending two sections of Chapter 90 (Zoning) of the Hemet Municipal Code to establish Objective Design and Development Standards and to amend Site Development Review Applications Citywide.
20.E Second Reading and Adoption of Ordinance 1981, an Ordinance of the City Council of the City of Hemet, California, Approving a Second Amendment to Development Agreement Amendment No. 20-001 for Tres Cerritos West Between the City of Hemet and JMP Bixby Hemet
Action:
It is respectfully recommended that the City Council:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to waive further reading and adopt by title only, Ordinance 1981, an Ordinance of the City Council of the City of Hemet, California, approving a Second Amendment to Development Agreement Amendment No. 20-001 for Tres Cerritos West between the City of Hemet and JMP Bixby Hemet.
20.F Second Reading and Adoption of Ordinance 1986, an Ordinance of the City Council of the City of Hemet, California, Amending Chapter 62 of the Hemet Municipal Code to Incorporate the State Mandated Requirements of Senate Bill 1383, Authorizing Enforcement Actions for Violations
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to waive further reading and adopt by title only Ordinance 1986, an Ordinance of the City Council of the City of Hemet, California, amending Chapter 62 of the Hemet Municipal Code to incorporate the State mandated requirements of Senate Bill 1383, authorizing enforcement actions for violations.
20.G Second Reading and Adoption of Ordinance 1984, an Ordinance of the City Council of the City of Hemet, California, Amending the Commercial and Manufacturing Sections of Chapter 90 (Zoning) of the Hemet Municipal Code to Include Emerging Trends Businesses for Allowable Uses
14.D
City Council Meeting
December 14, 2021
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to waive further reading and adopt by title only Ordinance 1984, an Ordinance of the City Council of the City of Hemet, California, amending the Commercial and Manufacturing Sections of Chapter 90 (Zoning) of the Hemet Municipal Code to include Emerging Trends Businesses for allowable uses.
20.H First Reading and Introduction of an Ordinance Entitled, an Ordinance of the City Council of the City of Hemet, California, Adding Article VI (Cannabis Business Tax) to Chapter 72 of the Hemet Municipal Code Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to waive full reading, read by title only, and introduce an Ordinance 1988 entitled, an Ordinance of the City Council of the City of Hemet, California, adding Article VI (Cannabis Business Tax) to Chapter 72 of the Hemet Municipal Code.
20.I A Resolution of the City Council of the City of Hemet, California, Accepting the Funding Award in the Amount of $21,175 from the State of California, Department of Recycling Resources and Recovery, through the 2020/2021 City/County Payment Program; and Authorize the Finance Director to Record Revenues to the Miscellaneous Recyclables (Account 110-0454) in the Amount of $21,175, and Record a Supplemental Appropriation of $21,175 in the Public Works Park Fund 110-4250-2801 for Eligible Funding Expenditures.
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-128 of the City Council of the City of Hemet, California, accepting the funding award in the amount of $21,175 from the State of California, Department of Recycling Resources and Recovery, through the 2020/2021 City/County Payment Program; and authorize the Finance Director to record revenues to the Miscellaneous Recyclables (Account 110-0454) in the amount of $21,175, and record a supplemental appropriation of $21,175 in the Public Works Park Fund 110-4250-2801 for eligible funding expenditures.
20.J A Resolution of the City Council of the City of Hemet, California, Awarding a Three-Year Microsoft Enterprise Licensing Agreement via the “Riverside County EA” with Dell Marketing LP for $436,976.85 and Authorize the City Manager to Execute the Agreement, Annual Purchase Orders, Annual Applicable "True-up" Adjustments, and all Other Supporting Documents Related to the Agreement
Action:
It is respectfully recommended that the City Council:
14.D
City Council Meeting
December 14, 2021
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-129 of the City Council of the City of Hemet, California, Awarding a Three-Year Microsoft Enterprise Licensing Agreement via the “Riverside County EA” with Dell Marketing LP for $436,976.85 and Authorize the City Manager to Execute the Agreement, Annual Purchase Orders, Annual Applicable "True-up" Adjustments, and all Other Supporting Documents Related to the Agreement.
20.K A Resolution of the City Council of the City of Hemet, California, Accepting 2021 Federal Justice Assistance Grant (JAG) in the Amount of $30,860, Authorizing the MOU/Interlocal Fiscal Agent Agreement with Riverside County, Authorizing the City Manager to Execute the Agreement on behalf of the City, and Authorizing the Finance Department to Establish an Expenditure Account and Increase the Budget in the Amount of $27,774 (grant amount less 10% paid to the Fiscal Agent).
Action:
It is respectfully recommended that the City Council:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-130 of the City Council of the City of Hemet, California, accepting 2021 Federal Justice Assistance Grant (JAG) in the amount of $30,860, authorizing the MOU/Interlocal Fiscal Agent Agreement with Riverside County, authorizing the City Manager to execute the agreement on behalf of the City, and authorizing the Finance Department to establish an expenditure account and increase the budget in the amount of $27,774 (grant amount less 10% paid to the Fiscal Agent).
20.L A Resolution of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map 36890, Located at Northeast Corner of Thornton Avenue and Elk Street (D.R. Horton Los Angeles Holding Company, Inc.)
Action:
It is respectfully recommended that the City Council:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-131 of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map 36890, Located at Northeast Corner of Thornton Avenue and Elk Street (D.R. Horton Los Angeles Holding Company, Inc.)
20.M A Resolution of the City Council of the City of Hemet, California, Approving the Agreement between the City of Hemet and USI Insurance Services LLC, For Benefits Broker Services
Action:
It is respectfully recommended that the City Council:
14.D
City Council Meeting
December 14, 2021
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-132 of the City Council of the City of Hemet, California, Approving the Agreement between the City of Hemet and USI Insurance Services LLC, For Benefits Broker Services.
20.N A Resolution of the City Council of the City of Hemet, California, Awarding L.O.
Lynch Quality Wells, Well 12 Repair, in the Amount of $275,382.00, Waive any Minor bid Irregularities, Authorize the City Manager to Execute all Contract Documents, and Authorize the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer
Action:
It is respectfully recommended that the City Council:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-133 of the City Council of the City of Hemet, California, Awarding L.O. Lynch Quality Wells, Well 12 Repair, in the Amount of $275,382.00, Waive any Minor bid Irregularities, Authorize the City Manager to Execute all Contract Documents, and Authorize the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer.
20.O A Resolution of the City Council of the City of Hemet, California, Approving the Revised Job Description for Public Works Director/City Engineer Action:
It is respectfully recommended that the City Council:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-134 of the City Council of the City of Hemet, California, approving the revised job description for Public Works Director/City Engineer.
20.P A Resolution of the City Council of the City of Hemet, California, Establishing an Investment Policy and Rescinding Resolution No. 2020-083 Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-135 of the City Council of the City of Hemet, California, Establishing an Investment Policy and Rescinding Resolution No. 2020-083.
20.Q Approval of an Application for Funding From the California Water and Waste Water Arrearage Payment Program
Action:
14.D
City Council Meeting
December 14, 2021
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to approve an application for funding from the California Water and Waste Water Arrearage Payment Program.
20.R A Resolution of the City Council of the City of Hemet, California Approving a Dormancy Agreement with Lennar Homes of California, associated with CFD 2021-01 (Saddle Point), Generally Located Between Warren Road, Fisher Street, Mustang Way, and Poplar Street; and Authorize the City Manager to Execute the Agreement in Substantially the Form and Format Attached and as Approved by the City Attorney
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-136 of the City Council of the City of Hemet, California Approving a Dormancy Agreement with Lennar Homes of California, associated with CFD 2021-01 (Saddle Point), Generally Located Between Warren Road, Fisher Street, Mustang Way, and Poplar Street; and Authorize the City Manager to Execute the Agreement in Substantially the Form and Format Attached and as Approved by the City Attorney.
20.S A Resolution of the City Council of the City of Hemet, California, Amending Resolution of Intention to Establish City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) and to Authorize the Levy of A Special Tax Within City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe)
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt a Resolution-137 of the City Council of the City of Hemet, California, Amending Resolution of Intention to Establish City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe) and to Authorize the Levy of A Special Tax Within City of Hemet Community Facilities District No. 2021-02 (Heritage Pointe).
20.T Housing Element Update Progress Report
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to receive a report on the progress of the 6th Cycle Housing Element Update, Safety Element Update, and new Environmental Justice Element.
20.U Status and Update on Brubaker Park Ball Field - Legal Review of Hemet Youth Baseball
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to receive the following status and update regarding the Legal Review of Hemet Youth Baseball's use agreement for Brubaker Park;
14.D
City Council Meeting
December 14, 2021
Receive the update regarding staff efforts to upgrade the condition of the eleven baseball playing fields at Brubaker Park, including efforts to solicit a concessionaire agreement for management of the fields.
Remove this item from the Council's List of Future Items
20.V A Resolution of the City Council of the City of Hemet, California, Approving a New Agreement for Services Between the City of Hemet and Epic Land Solutions, Inc. for Providing the Real Estate Broker Services for the Property Located at the Northwest Corner of Stetson Avenue and Sanderson Avenue (APN 456-050-044), Zoned Community Commercial, 17.83 Acres in Size, Authorizing the City Manager to Execute the Agreement Through December 2022 for an amount not to Exceed $50,000 for on-call services for additional city owned properties in the surplus land list of the City of Hemet.
Action:
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to continue this item to the next Regular City Council Meeting to be held on January 11, 2022.
21. DISCUSSION - ACTION ITEMS
21.A Discussion Regarding Participation in Two Pavement Rehabilitation Projects with Riverside County Transportation Department
Action:
MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to direct staff to participate in two pavement rehabilitation projects with Riverside County Transportation Department over various streets including Newport Road, Columbia Street, and Domenigoni Parkway.
21.B First Reading and Introduction of an Ordinance Entitled, an Ordinance of the City Council of the City of Hemet, California, Amending Article II of Chapter 1 of the Hemet Municipal Code
Action:
MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to waive full reading, read by title only, and introduce Ordinance 1989, an Ordinance of the City Council of the City of Hemet, California, amending Article II of Chapter 1 of the Hemet Municipal Code, and
Remove "Code Enforcement Efficiency Plan" from the Future Agenda Items list.
14.D
City Council Meeting
December 14, 2021
21.C First Reading and Introduction of an Ordinance Entitled, an Ordinance of the City Council of the City of Hemet, California, Amending Articles I and II of Chapter 53 of the Hemet Municipal Code Related to Personal Conduct Action:
MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to introduce, read by title only, and waive further reading of Ordinance 1990, an Ordinance of the City Council of the City of Hemet, California, amending Articles I and II of Chapter 53 of the Hemet Municipal Code related to Personal Conduct, and
Remove "Vagrancy and Pan Handling Laws" from the Future Agenda Items list.
21.D Discussion of the Status of the City of Hemet’s Existing Telephone System Action:
MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to received a report and proposed recommendations provided by Communication Strategies, LLC regarding the status of the City of Hemet's existing telephone system and provided direction to City Staff relating for selection and requisition of the report’s recommendations: Option 3: Migrate to cloud-based UCaaS platform, Refresh the LAN with PoE capable switches, and Full remediation of the existing cable and fiber plant based on budgetary costs and Option 4: Migrate to cloud-based UCaaS platform, Refresh the LAN with PoE capable switches, Remediation of cable plant with Phybridge extenders as much as possible and fiber plant based on budgetary costs.
21.E Investment Strategy Discussion with Public Trust Advisors Action:
MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to recommend the Investment Strategy Standard with Public Trust Advisors and provide direction to Staff and Public Trust Advisors on the recommended: 1-3 Year at 60% and 1-5 Year at 40% Investment Strategies for the City of Hemet and to establish a custodial account.
21.F Discussion Regarding Parking Exceptions for Outdoor Restaurant Seating Parklets
Action:
MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to approve staff recommendation: Option 2 amend the zoning code to allow outdoor seating parklets for restaurants within existing parking lot spaces. This would also require a reduction in the required parking standards, allow for semi-permanent structures within an existing parking space, and specific design guidelines.
14.D
City Council Meeting
December 14, 2021
21.G Second Story Design Ordinance to Direct Staff for Possible Zoning Ordinance Amendment
Action:
MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED, 5-0, received a report on the Zoning Code Amendment for Second Story Design criteria and directed staff to bring back all the Zoning Code Amendment for Second Story Design options at a future City Council Meeting, provided direction to staff to include a landscaping option in the Design criteria, and removed Building Code Ordinances for New Single-Family Residence Construction from the future agenda item list.
22. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Krupa provided a brief report.
AD-HOC COMMITTEE REPORTS
CITY MANAGER LOPEZ
23. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items; no changes were made.
1. Broadcasting of City Council Meetings
2. Vagrancy and Pan Handling Laws
3. Council Protocols
4. Animal Control Regulations for Businesses
5. Solar Feasibility
6. Review of Resolution No. 4703
7. Legal Review of Hemet Youth Baseball
8. Code Enforcement Efficiency Plan
9. Building Code Ordinances for New Single-Family Residence Construction
10.Review of Section 82-172 of the City of Hemet Municipal Code
24. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 12:14 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on Tuesday, January 11, 2022.
14.D
City Council Meeting
December 14, 2021
APPROVAL: ATTEST:
_______________________________
Mayor Lilienthal
_____________________________
John P. Maier, MMC
City Clerk
14.D
MINUTES
City Council Meeting
City of Hemet
City Hall Board Room
Tuesday, December 21, 2021
CLOSED SESSION – 4:00 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 4:01 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Meyer presiding.
2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Lilienthal
Mayor Pro Tem Meyer
Council Members Brown, Krupa, Males
Staff Present:
City Manager:
Assistant City Attorney:
Clerk:
Lopez
Lauren Sanchez
Maier
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.
Council recessed into Closed Session at 4:02 p.m.
4. DISCUSSION ITEMS
4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Christopher Lopez, City Manager Employee Organization: HMMA, HFFA, HPMA, HPOA, HNSPEA, and SEIU
14.D
City Council Meeting
December 21, 2021
5. ADJOURNMENT OF CLOSED SESSION
Council reconvened from Closed Session at 5:41 p.m.
Assistant City Attorney Sanchez stated that there were no reportable actions.
Closed Session was adjourned at 5:42 p.m.
APPROVAL: ATTEST:
_______________________________
Mayor Lilienthal
_____________________________
John P. Maier, MMC
City Clerk
14.D
MINUTES
Special City Council Meeting
City of Hemet
City Hall Board Room
Tuesday, January 4, 2022
SPECIAL MEETING - 6:00 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Special Meeting Session at 6:06 p.m. in the City Hall Board Room, 445 E. Florida Avenue, Hemet, California, with Mayor Lilienthal presiding.
2. ROLL CALL
Deputy City Clerk Yoshida provided the Roll Call as follows:
Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal
Absent:
Staff Present: City Manager Lopez
Interim City Attorney Graham
Deputy City Clerk Yoshida
3. INVOCATION
Invocation was given by Norm Kyriss.
4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Brown.
5. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments; no one spoke.
14.D
City Council Meeting
January 4, 2022
6. DISCUSSION - ACTION ITEMS
6.A A Resolution of the City Council of the City of Hemet, California, Authorizing Each Eligible City Employee to Receive up to $5,000 in “Essential Worker” Premium Pay for a Total Cost of $1,190,000 and Authorizing the Finance Director to Establish a Supplemental Appropriation in Support of this Payment Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-001 of the City Council of the City of Hemet, California, authorizing each eligible City employee to receive up to $5,000 in “Essential Worker” Premium Pay for a total cost of $1,152,500 and authorizing the Finance Director to establish a supplemental appropriation in support of this payment, as amended to include the revised total cost appropriations.
6.B A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Sign Side Letter Agreements Between the Hemet Fire Fighters’ Association (HFFA), Hemet Police Officers’ Association (HPOA), Hemet Police Management Association (HPMA), Hemet Non-Sworn Police Employee Association (HNSPEA), Service Employees International Union Local 721 (SEIU), and Hemet Mid Managers’ Association (HMMA), Providing “Essential Worker” Premium Pay and Providing the Same Premium Pay for Eligible Non-Represented Employees
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-002 of the City Council of the City of Hemet, California, Authorizing the City Manager to Sign Side Letter Agreements Between the Hemet Fire Fighters’ Association (HFFA), Hemet Police Officers’ Association (HPOA), Hemet Police Management Association (HPMA), Hemet Non-Sworn Police Employee Association (HNSPEA), Service Employees International Union Local 721 (SEIU), and Hemet Mid Managers’ Association (HMMA), Providing “Essential Worker” Premium Pay and Providing the Same Premium Pay for Eligible Non-Represented Employees.
7. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 6:21 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on January 11, 2022.
APPROVAL: ATTEST:
_______________________________
Mayor Lilienthal
_____________________________
Brandon K. Yoshida
Deputy City Clerk
14.D
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 11 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Regular Meeting Schedule and Cancellation of Certain Regular Scheduled Meetings
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving the regular meeting schedule and cancellation of certain regular scheduled meetings.
BACKGROUND:
Section 2002 of the City of Hemet Municipal Code establishes that the City Council shall hold its regular meetings on the second and fourth Tuesdays of each calendar month unless otherwise noticed as required by law. The Hemet City Council has authorized cancellations of regularly scheduled meetings due to dates that have been identified as conflicting holidays or religious observances.
PREVIOUS COUNCIL ACTION:
The City Council has previously approved the cancellation of certain dates during the summer and the winter holidays. In alignment with efficient business practices, staff has provided a list for City Council's approval. This schedule provides Council Meeting dates for the remainder of the calendar year.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
14.E
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ATTACHMENT(S):
Attachment 1: Resolution - Meeting Schedule
Attachment 2: Meeting Schedule 2022
14.E
CITY COUNCIL RESOLUTION NO. 2022-xxx
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA,
APPROVING THE REGULAR
MEETING SCHEDULE AND
CANCELLATION OF
CERTAIN REGULAR
SCHEDULED MEETINGS
The City Council of the City of Hemet (hereafter
referred to as the “City Council”) does resolve as
follows:
WHEREAS, Section 2002 Meeting – Time and
Place; the Municipal Code is unless otherwise noticed
as required by law, the City Council shall hold its
regular meetings on the second and fourth Tuesdays
of each calendar month; and
NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE: that the City Council approve the City
Council Regular Meeting Schedule (Exhibit A) and
cancel July 26, 2022, August 23, 2022, November 22,
2022, and December 27 , 2022 City Council Meetings
14.E
CITY COUNCIL RESOLUTION NO. 2022-xxx
and request the City Clerk give notice by posting as
prescribed by law
PASSED, APPROVED AND ADOPTED this
11th day of January 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
14.E
CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of
Hemet, do hereby certify that the foregoing resolution
was adopted by the Hemet City Council on the
11th day of January 2022, and was passed by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
14.E
“Exhibit A”
14.E
City of Hemet 2022 City Council Meetings
Meeting Dates Proposed Dates
January 11, 2022
January 25, 2022
February 8, 2022
February 22, 2022
March 8, 2022
March 22, 2022
April 12, 2022
April 26, 2022
May 10, 2022
May 24, 2022
June 14, 2022
June 28, 2022
July 12, 2022
July 26, 2022 Cancellation
August 9, 2022
August 23, 2022 Cancellation
September 13, 2022
September 27, 2022
October 11, 2022
October 25, 2022
November 8, 2022
November 22, 2022 Cancellation
December 13, 2022
December 27, 2022 Cancellation
14.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 11 2022
Department: Human Resources
Submitted by: Christopher Lopez, City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the Revised Job Description for Assistant to the City Manager
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Counci l of the City of Hemet, California, Approving the Revised Job Description for Assistant to the City Manager.
BACKGROUND:
Periodically, job descriptions are reviewed to ensure that the requirements and responsibilities of classification are up-to-date, relevant, and representative of the classification's assignment. In an effort to improve organizational effectiveness, the Human Resources Division recommends revisions to the Assistant to the City Manager classification to more accurately reflect the dutie s and requirements of the work this position performs. The revisions include, but are not limited to the following:
• The scope and responsibilities of the position have been expanded to include the position as part of the City's Executive Management Team.
• Adjusting the position's essential functions to reflect greater independence in conducting projects and greater oversight in overseeing projects.
• The minimum qualifications of the position have been elevated to better align with the expanded scope and responsibilities of the position.
ANALYSIS:
The Assistant to the City Manager is an unrepresented position and all revisions are being recommended by the Human Resources Division accordingly based on departmental need, evolving responsibilities of the assignment, and improved organizational effectiveness.
14.F
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted objectives: Evaluate existing practices to ensure continuity with industry best practices, and increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
No fiscal impact.
The cost of this position is already included in the current year's budget approved by the Council on June 22, 2021, so no further budget action is needed.
ATTACHMENT(S):
Attachment 1: Resolution- Approval of Assistant to the City Manager Attachment 2: Job Description - Assistant to the City Manager
14.F
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET,
CALIFORNIA, APPROVING THE REVISED JOB DESCRIPTION FOR
THE ASSISTANT TO THE CITY MANAGER POSITION.
WHEREAS, the Assistant to the City Manager is responsible for providing leadership support to the City Manager.; and
WHEREAS, the scope and responsibilities of the position have been expanded to be included as part of the City’s Executive Management Team.; and WHEREAS, the position’s essential functions have been adjusted to include greater independence and oversight in conducting projects.; and WHEREAS, the minimum qualifications of the position have been elevated to better align with the extended scope and responsibilities of the position.; and WHEREAS, the revisions have been recommended accordingly for this unrepresented position.; and
WHEREAS, Council approves the revisions to the Assistant to the City Manager job description.
NOW, THEREFORE, BE lT RESOLVED, by the City Council of the City of Hemet, California, the recommended changes incorporated herein by reference are hereby approved.
PASSED, APPROVED AND ADOPTED this 11th day of January, 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
14.F
John Maier, City Clerk
State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of January, 2022, and was passed by the following vote:
AYES: Council Members:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Maier, City Clerk
14.F
CITY OF HEMET
Class Code: 9903 Date Adopted: 02/12/2002
ASSISTANT TO THE CITY MANAGER
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
The position serves as a member of the Executive Management Team responsible for providing leadership support to the City Manager by planning and recommending organizational policies and performance strategies; to provide a variety of specialized complex administrative and management analysis to support decision-making and strategic direction; to participate in the oversight of City departments as assigned; and to do perform related duties as required.
DISTINGUISHING CLASS CHARACTERISTICS
Assistant to the City Manager serves as a high-level professional staff assistant to the City Manager. The incumbent performs highly responsible research, analyses and studies on a wide range of management, administrative, financial, policy, legislative and other organization issues in support of the planning and execution of City goals and objectives within broad general policy guidelines and Mayor and City Council mandates.
The incumbent develops recommendations and oversees consideration of legislative and grants matters before Council committees. Assignments are broad in scope and allow for a high degree of administrative discretion in their execution.
ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills, abilities, and other characteristics:
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class.
1. Participates in establishing operational plans and initiatives to meet goals and objectives of the City Manager's Office; implements work programs, processes, procedures and policies required to achieve overall Office performance results; participates in developing and monitoring performance against the annual Office budget;
2. Plans, coordinates, organizes and conducts complex and highly responsible administrative, management and legislative analysis studies relating to assigned issues and/or programs; identifies problems, determines analytical techniques and statistical and information-gathering processes and obtains necessary information and data for analysis; analyzes alternatives and makes recommendations; prepares revenue and cost analyses; develops and presents reports of study conclusions and recommendations;
14.F
CITY OF HEMET
Class Code: 9903 Date Adopted: 02/12/2002
ASSISTANT TO THE CITY MANAGER
develops implementation plans and assists in implementing policies and procedures; drafts reports, policy papers, recommended legislative documents and presentation materials for the City Manager and Assistant City Manager.
3. As assigned, represents the City and works closely with appointed boards and committees and public and private officials to implement planned programs and recommendations and provide technical assistance in resolving problems.
4. Represents and supports the City Manager with City Council, employee and citizen group discussions, and meetings; monitors the pending items list, and keeps the City Manager informed about projects and issues of importance to Council; provides the City Manager with accurate and timely information to support decision-making and policy direction.
5. Attends City Council meetings and work sessions as assigned; researches, responds to and prepares correspondence; performs necessary follow up and communicates with City management on sensitive and confidential issues.
6. Represents the City and City Manager in meetings with civic, community and industry groups and with representatives of other governmental agencies as assigned.
7. Supervises, trains, and evaluates professional, para-professional, technical, and clerical personnel; makes effective recommendations regarding promotion, transfer, and disciplinary action of assigned personnel.
8. Responds to complaints and requests for information.
9. Assumes responsibility for ensuring the duties of the position are performed in a safe, efficient manner.
10. Takes responsibility and manages the public perception of the organization by overseeing the City’s social media pages, press releases, and other communications between the City and the community.
11. Performs other duties as assigned.
ENVIRONMENTAL AND PHYSICAL WORKING CONDITIONS
Physical Demands:
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
While performing the duties of this job, the employee is regularly required to sit; talk or hear, both in person and by telephone; use hands to finger, handle and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk.
Specific vision abilities required by this job include close vision and the ability to adjust focus.
Work Environment:
The work environment characteristics described here are representative of those an employee
14.F
CITY OF HEMET
Class Code: 9903 Date Adopted: 02/12/2002
ASSISTANT TO THE CITY MANAGER
encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
The employee works under typical office conditions, and the noise level is usually quiet.
QUALIFICATIONS GUIDELINES
Knowledge, Skills, and Abilities:
• Principles, practices and methods of complex administrative, organizational, economic, legislative, policy and procedural analysis.
• Principles and practices of public administration, including purchasing, contracting and maintenance of public records.
• Principles, practices and methods of municipal budget development and financial analysis.
• Financial/statistical/comparative analysis tools, techniques and formulae and computer software appropriate for statistical analysis and data management. • Basic principles, tools and techniques of project planning and management. • Federal, state and local laws, regulations and court decisions applicable to assigned areas of responsibility.
• City operations and functions and associated business and financial management issues and challenges.
• Uses and operations of a computer and standard business software, including word processing, spreadsheet and database applications.
• Principles and practices of effective management and supervision. • City human resources policies and procedures, Civil Service Rules and labor contract provisions.
Ability to:
• Analyze complex administrative, operational, economic, political and organizational problems, evaluate alternatives and reach sound, logical, fact-based conclusions and recommendations.
• Collect, evaluate and interpret myriad data, either in statistical or narrative form. • Present proposals and recommendations clearly, logically and persuasively in public meetings.
• Understand, interpret, explain and apply City, state and federal laws and regulations governing the conduct of City operations.
• Evaluate, develop and implement management systems, policies and controls. • Exercise sound independent judgment within general policy guidelines. • Prepare clear, concise and comprehensive correspondence, reports and other written materials.
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CITY OF HEMET
Class Code: 9903 Date Adopted: 02/12/2002
ASSISTANT TO THE CITY MANAGER
• Exercise tact, diplomacy and political acumen in dealing with highly sensitive political, public policy, community and employee issues and situations. • Establish and maintain effective working relationships with the City Council, all levels of City management, other governmental officials, community and civic organizations, employee organizations, employees, the media, the public and others encountered in the course of work.
Education and Experience:
A typical way of obtaining the knowledge, skills and abilities outlined above is graduation from an accredited college or university with a major in public or business administration, political science or a related field; and five years of progressively responsible professional administrative experience in a public agency; or an equivalent combination of training and experience. A Master's degree in Public Administration may be substituted for two years of the required experience.
Accreditation shall be by a national or regional accreditation body that is recognized by the Secretary of the United States Department of Education.
Certification/License and/or Other Special Requirements:
A valid California driver's license and the ability to maintain insurability under the City's vehicle insurance policy.
Ability to attend special City events including weekends, evenings and holidays, as required. Ability to attend night meetings and work extended hours, as needed and/or required.
14.F
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 11 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Lynn Merrill, Public Works Consultant;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving a Supplemental Appropriation and Payment in the amount of $197,416 to Riverside County Flood Control and Water Conservation District, to Reimburse the District for Incurred Costs for the Repair of the Whittier Flood Channel at Kirby Avenue
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving a Supplemental Appropriation and payment in the amount of $197,416 to Riverside County Flood Control and Water Conservation District, to reimburse the District for incurred costs for the repair of the Whittier Flood Channel at Kirby Avenue.
BACKGROUND:
The City of Hemet owns and operates a water production and distribution system that provides potable drinking water to customers throughout its service area. The City of Hemet has over 9,000 water customer accounts and serves a population of over 30,000. The City maintains 132 miles of w ater mains which are used to convey potable water throughout the City’s water district to City of Hemet water customers.
On February 27, 2020, a city -owned 12” water main ruptured underneath the Whittier flood channel, causing damage to Riverside County Flood Control and Water Conservation District (District) facilities.
City crews responded and isolated the section of the damaged water main to retain water supply to nearby neighborhoods. City staff contacted Riverside County Flood Control District of the apparent damage caused by the water main rupture.
The District examined the damaged channel and determined that the floor of the channel would need to be replaced from Kirby Avenue going west, consisting of approximately 400 feet long and 12.5 feet wide of the floor of the channel.
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District staff solicited bids for the emergency repair work on May 6, 2020, and awarded a contract to Scorpion Backhoe Inc. on August 7, 2020. Construction was completed in December of 2020 and final payment was made to the contractor from the District on December 21, 2020, in the amount of $197,416.
ANALYSIS:
Riverside County Flood Control and Water Conservation District is requesting reimbursement for the incurred cost of the repair to the Whittier Flood channel caused by the ruptured 12” water main on February 27, 2020. Staff has determined the cause of the damage to the Whittier channel was indeed caused by a failure of the City of Hemet 12” water main. This water main was originally placed in service in 1988 and provides services to the neighborh oods bordered on the east and west sides of Kirby Ave between Acacia Ave. and Johnston Ave. The City has investigated the matter in concert with the District and has confirmed that the damage is the responsibility of the City. Supporting documents have been provided by the District to the City, and are attached to this staff report.
As part of this action, the staff is requesting that the City Attorney prepare a Release of Claims and Liability to be executed between the City and the District.
CIP 5714 will eliminate any future damage to the channel by rerouting the 12” water main over the channel rather than underneath at the Kirby St. location as well as the Arbor Parkway location. The project has been going through the submittal process and material delivery. A notice to proceed will be issued for January 17th 2022.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted objective: Evaluate existing practices to ensure continuity with industry best practices. This action is consistent with the goal of Organizational Effectiveness in that it recognizes that the damages were caused by City facility failures and that both the City and District have worked together to resolve this appropriately.
FISCAL IMPACT:
The recommended action will require an increased appropriation in account number 571 -9000-2710.
Funding for the appropriation is coming from Fund 571 fund balance.
No General fund impact.
ATTACHMENT(S):
Attachment 1: Resolution Whittier Channel
Attachment 2: Flood Control Invoice and Supporting Documentation Attachment 3: PRESENTATION WHITTIER CHANNEL
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CITY COUNCIL RESOLUTUION NO. 2021-XXX
Approving a supplemental appropriation and payment to Riverside County Flood Control and Water Conservation District in the amount of $197,416.00.
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING A
SUPPLEMENTAL APPROPRIATION AND PAYMENT IN
THE AMOUNT OF $197,416.00 TO RIVERSIDE
COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT TO REIMBURSE THE
DISTRICT FOR INCURRED COSTS FOR THE REPAIR
OF THE WHITTER FLOOD CHANNEL AT KIRBY
AVENUE.
WHEREAS, the Water D ivision operates and maintains water distribution infrastructure serving over 9,700 residential and commercial water customers and maintains 132 miles of water mains convey potable water throughout the city’s water district to City of Hemet water customers.
WHEREAS, On February 27th, 2020 a city -owned 12” water main ruptured underneath the Whittier flood channel causing damage to Riverside County Flood Control and Water Conservation District (District) facilities.
WHEREAS, City staff contacted Riverside County Flood Control and Water Conservtion District of the apparent damage caused by the water main rupture and the District examined the damaged channel and determined that the floor of the channel would need to be replaced
WHEREAS, District staff solicited bids for the emergency repair work on May 6th 2020 and awarded a contract to Scorpion Backhoe Inc. on Aug ust 7th 2020.
Construction was completed in December of 2020 and final payment was made to the contractor from the District on December 21st 2020 in the amount of $197,416.00.
WHEREAS,. Riverside County Flood Control and Water Conservation District is requesting reimbursement for the incurred cost of the repair to the Whittier Flood channel caused by the ruptured 12” City owned water main on February 27th 2020 WHEREAS, City has investigated the matter in concert with the District and has confirmed that the damage is the responsibility of the City.
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CITY COUNCIL RESOLUTUION NO. 2021-XXX
Approving a supplemental appropriation and payment to Riverside County Flood Control and Water Conservation District in the amount of $197,416.00.
NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE , to adopt a resolution approving a payment to Riverside County Flood Control and Water Conservation District, invoice #FC019106 in the amount of $197,416.00.; and authorize the finance director to record a supplemental appropriate $197,416.00 in fund 571 and; and authorize the City Attorney to prepare a release of claims and liability to be executed between the C ity and the District.
PASSED, APPROVED AND ADOPTED this 14
th day of December 2021.
____________________________
Karlee Meyer, Mayor
ATTEST:
_____________________________
John Maier, City Clerk
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CITY COUNCIL RESOLUTUION NO. 2021-XXX
Approving a supplemental appropriation and payment to Riverside County Flood Control and Water Conservation District in the amount of $197,416.00.
State of California )
County of Riverside )
City of Hemet )
I, John Maier , City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the _____ day of _____________, 2021, and was passed by the following vote:
AYES: Council Members:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Maier, City Clerk
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Description
15 KIRBY ST REIMB
DAMAGES
CITY OF
WHITTIER
CHANNEL SD
STG 1
INVOICE
GL
Account
224- 4-6-00213-A0-27-7102-000
R9912
Page: 1 of 1
lnvoice Number: FC019106
lnvoice Date: 1012012021
CustomerNumber: 000058
Payment Terms: 30 Days
Due Date: 1111912021
ContactPerson: AccountsReceivable
lnquiryNumber: 951-955-1200
1.0 EA 197,416.00 197,416.00
197,416.00
T FLORIDA AVENUE
cA92543
Yo u m ay n ow p ay i nvoi ce s o n I i n e at http s : //rcfl ood. o rg/l -wa nt-To/ se ru i ce s/p ay- N ow.
Enter your 6-digit customer number to view and pay outstanding invoices.
Case Project Number Quantity UOM Unit price Net Amount
FC019106 Total Amount Due:
Please Remit To:
Riverside County Flood Control and Water Conservation District Attn: Accounts Receivable
1995 Market Street
Riverside, CA 92501
lnvoice Number:
lnvoice Date:
Customer Number:
Amount Due:
FCot 91 06
10120t2021
000058
$197,416.00
White - Customer Copy; Blue - Remittance Copy
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INVOICE
HEMET, CITY OF
445 EAST FLORIDA AVENUE
HEMET, CA 92543
Page: 1 of I
lnvoice Number: FC019106
lnvoíce Date: 1012012021
CustomerNumber: 000058
Payment Terms: 30 Days
Due Date: . 11|lg212i
ContactPerson: AccountsReceivable
Number: 951-955-1200
Yo u m ay n ow p ay i nvoi ce s o n I i n e at http s ://rcf I oo d. o rg/t -Wa nt-To/S e ru i c e s/ p ay-N ow.
Enter your 6-digit customer number to view and pay outstanding invoices.
KIRBY ST REIMB I WHITTIER
DAMAGES CHANNELSD
STG 1
224-
R9912
4-6-Ó0213-OO-27-7.t02-OOO 1.0. EA 197,416.00 197,416.00 '.
t,.tj ,i{i, I irì:.:..1 ,,,,.ìr.,,rì. r,i
Please Remit To:
Riverside County Flood Control and Water Conservation District Attn: Accounts Receivable
1995 Market Street
Riverside, CA 92501
lnvoice Number:
lnvoice Date:
Customer Number:
Amount Due:
FCo19106
10t20t2021
000058
$197,416.00
White - Customer Copy; Blue - Remittance Copy
14.G
I
RTVENSIDE COT,NITY FIÍ)OD CONINOL A¡fD WATER.CONSNRVATTON DISTRICT PUBLIC WOru(s (?rolrcb (Þrr $t5,000)
n¡$c frr n¡ t FCARC- ml63
r¡d W¡eCo¡¡mrxim Þieiú
t995 ftdqtSbotÊ
Riwrida,CA 9[50¡
ttrJgt lrr
Rctrrl b6b rddn¡¡ rbove
Bid ¡rü¡F D¡r: 05106Ë020
Job ll¡¡lk tuo: 0J/l8rXÌ2û @ 9:004M pST
B¡d Clciq Dril¡: &i/28itit
on or bcforc l:30 p-o" hcifc $H¡d¡¡d Ti¡*
AGREEMENT
Prgc I of2
THIS ACnff¡úENT, aæd isto thi¡ -. -. , 7t. - **y August 20æby r¡d ¡*rc.__ Scorpion Backhoe, lnc. bc¡sin¡ñcr csttd &c "Contnctor," ¡nd 6c Rir¡c¡¡ide Cmtf Flûod Cm¡ot ad Walcr Cæ¡crvuion Ði¡trict, hcæinrfrcr crtlûd Írli{ict.', TtG p¡riiût nüdly sgroc âs folloq¡s:
COÌìITJidFC.Ï DOCUf4F't{Tq: Tbc corylcûc cütaEt insh¡dlr ¡ll of thc Conrrø Doarmco6 qùich r¡ irtrd¡d tre ba cryl¡n¡nnry.
lle kct l¡oruncot¡ incû&: No*icc ¡Eyitbg Bids; Instqstitr b Biddcq Bid For6; ôo fqp¡ &r Bids (nfD'} irçheg Àrmåmcnt .å &d ,{ttrchnont B, uy ¡dd¡ndr or oú¡r @ñü dlúcd to cr im üe RFB; tlri¡ ¿4g¡umcüq rll projoct bond¡; rtl ¡pplioblo phæ, pociñoaionr rad &:*in¡r; rnd qpvrd cbrasü ordcre.
STqTã¡Ihff Of .WJIßK: Tbc Cont¡¡ctor ryr€ ûo fi¡rrinh sll hbff, næi¡lr, ¡rre a$lþlrm, $de rprñt¡lÅm' ¡rrißlq @poËt¡døt rnstc d¡spoû¡¡" frÊilitic¡ rüË o&çr rcqúpd iMr rmcrry n aoryl* Ilth&licrÀrr¡nrc Cbmçl l¡rvrrt Rrydr st Kfuùy $ùaü*, HGmÊr nMr FPß..COù8P[üïç!N: Tt¿ *odr sbsll bG mmmcncad on a d¡tc to bc eposiüod it r ncitæ ordË eom ûo Côr&yEdihdl bc cørplæcd within l}v.wfyf40) ¡rgfrins d¡lE followirgrhc dårc sf6çiñËd in ticicrs ¡¡rim oüfu.
Clt}44frytISÀT.JÞN TO 8åfAP TO çPNlß.tç"TOß: Tbs tictrict ¡grûes b pcy eüd &e Coukffittr.grëx¡ rû æ€GË i¡ frll cmcid¡ratisa for thc pd.e{6sr* sf dl thc ¡¡orkthc ¡¡m of,; One Hundred S¡xty Thousand and One hundred Sixteen Dollars 60 116.00 hr¡uat ûo l¡bor Codt Sügtion 1861, tho Contn¡etor pvæ ths folloc¡iry c¡rti8c¡tioc ñI ra aa'¡¡G ef råt pravi¡hot of $ætim 3?00 of thË Lsbsr Codc whi& raquirÊ cvry qrrylo¡u ûo bc inlü¡ud rgúsü lirhi¡ity for wo*odn oryör$oü or to wtdãtr¡$ sc¡f-incurlaËË ia æcordrnru wie thc pr¡¡ry of e* sodr, ed, Lwitt cøc¡*y *i*ü ruaù povhime bcþrc cæncrctA tùa prfnenmcc of wsrt of &i¡ 6a!$ct"' It*lllÓ.Uä&ryeræl *¡p'r¿ I lo Y*c{f,¿ritPls tttl¡¡?3tt
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RTVEIùSII)E COUNTY FLOIOD CONTROL AIYD WATER CONSERVATION DISTruCT PT BLIC WORKS @roiccts Over $25,flÐ)
tld $¡bd¡rbnAddrc¡¡;
Rirrcrsidc Couty Flood Control
¡nd Ìl¡¡tcr Conscrv¡tion District
1995 l.lûlßst Sü€Êt
Rivcr'ridË, CA 92501
91t1.955.r?rl0
ntE¡û bld to rddrc¡¡ rbovc.
Rcqucrt for Btdr f FCARC- 00163
Bid Issrrc D*c: 05 /O6f2O2O
Job Walk D¡æ: 05/I t2020 @ 9:00Alvf PST
Bid Closing htc : O5 f28ñ1020
on or beñrc l:30 p.ru Pacifc $¡*l¡¡d Timc
AGREEMEIYT TìORM
Page2of 2
Conhacûor's legnl t¡pe of organization: General Enoineerinq Contractor Listnamcs of all posons who have authoríty to bind the Contactor:
AGRDED:
RTVERSIDE \ryÀTER CONSERVATON DISTRICT
fr<Signaüre:
Name md Title: Jason Uhley, General Manager - Chief Engineer Firm Nane: James Scott / Scorpion Backhoe, lnc.
Addrcgs: PO Box 5011 Hemet CA 92544
Cot¡ctor's Liccosc No. 814044 Ëxpires: AAßO2AZO
DR.Rcgirüation No: 1000019812 06t30t2021
Sign¡û¡rc: Ort^"* Sæü- Datc: O6t2gt2O2O
Nano/
Titlc: / James Scott / President
Dafc:
?6¡¡tó¡Z¡
G C]
corycad dp'vrd . to PsBctgt2tt?ltlt
lî'i¿m7t
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RTVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRTCT PUBLIC WORKS (ProJccts Over $25,000)
Bid Subml¡¡ion Addrcs:
Rivcrsldc County Flood Con&ol
and lVatcr Conscrvation District
1995 Ma¡*et Strsct
Rivcrsidc, CA 92501
95r.955.r200
Rcturn bid to ¡ddrcss lbovc,
Rcqucrt for f,ids # FCARG 00t63
Bid Issuc Datc: 05/06/20?0
Iob lValk Da¡e: g5ll$2020 @ 9:004M PST
Bid Closing Datc: 05f2tå020
on or bcfore l:30 p.m. Pacifis Sbndard Timc
BID FORM
Pagc I of4
The bidder, having carefi,rlly examined thc proposed site and all of the Contract Docurnents, proposcs and agrecs to fumish all tCIols, oquipment setrices, sppanaÍ$! facilitics, tansportation, labor and materials necessåry to complete thc prqjcct as outlined in this RFB in strict conformity with all of the Conbact Documents.
Thc bidder acknowledges receipt of the following addcnda:
Addendum No.J-_
AddcndumNo.-
Datê: o5r21,zozo __
Addcndum fì¡t¡.
BID PROPOSAL
sn(r
NO.
ITEM
NO.
I}IIIIT
cosT
ÎOTAL
cosT
ITEM OFWORK unIT QUANTTTY
3. l. Mobilization L.S. 1' fvln nn
4. 2. WetÊrControl L.S. 5 fìnonn
3.5. 489c.Y
297c.Y.
4.6. 6. 5. Bacldill 75.OO z:2275-ffi
6. Conuolled Low Strength
Material (CLSM) -Kirby Strect c.y. 72
I
,* ,.Qrid$s."*._ ., -_ 350.00..,?S,zQn.üL
6, 7 Confrolled Low Stength
Material (CLSM) -Other c.Y.
9. SuMrain 800 6.00 4,800.00
6. L.F
10. 10. ÐustAbstemÊnt L.S. 3 nnfi nn
ll. u. Stormwater and Non-
Stormwater Pollution Conlrol L.S.
2.500-00
EAS,E.SID:
The undersigncd agrccs to perform all work requircd for this projcct for thc sum of:
10% CONTINGENCY:
TOTAL BID \ryMH IO% CONTINGENCY:
Pc¡n¡ r$l 16-122
Coudy Cü¡¡¡el Appmvcd u to For¡¡ 09fl5l2llll
$ 145.56t.00
$ l4 s5ñ oo
$---¡90,fi9.09-
P8\2?1t78
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RTVERSIDE COUNTY FLOOD CONTROL A}ID WATER CONSERVATION DISTRICT PUSLIC IVORI(S (ProJe+ts Over f25,000)
Bld Submtrrton Addrec¡:
Riversídc County Ftood Con$ol
and Waær Conservation DísbÍct
1995 Merkct Strca
Rivcrsíde, CA 92501
95t.955.I200
Return bÍd to ¡dd¡css rbove"
Rcqpæt forBid¡ # FCARC- 00163
Bid tssrp Datc: 05/062020
Iob ll¡alk Ddc: 051181202A @ 9:004M PST
B id Closing D ate: 0 5 f28DA20
on or bcforc l:30 p.m. Pacific Standard Timc
The.se prices include all applicable ta:ces, perm¡ts, licenses, insurance and bond costs, and all other costs incidcntal orrelated to thc work
The following perc€ntage infor¡ration must also be provided for the Base Bid (though it will not bc uscd in awarding the contact):
Lsbor: 25% Materials: 25 Yo Otlrer: 6a o/o AII thrce musttotal 100%.
W:
PAYMENT - The lump sum contract price for Mobilization shall constifuûe frrll compensation for all labor, matcrials, cquipment and all other iterns nÊcÊsssry a¡rd incidental úo completion ofthis item of work.
If prompt payment díscount offEred (for examplc, 1% Nct l5), please describe: 20,6 Net 15 LIOUIDATED E{IVû{GES - It is agrecd that timc is of the essensË for completion of this worlc Thmcforc, the partíes agree the awarded biddcr (Conûactor) shall pay to the DisEict as fixed and liquidated damages, and not as penaþ, a dollar sum in thc amount of $300.00 per day fur cacl¡ calcndar day beyond the allowed tjme stst€d in the Contract Documents aftcr which thc work is completcd.
TIlvtH-FOR COMPLETIOI{ - The work shall be commenced on a date to bc specified in a written order from the District and shall be completed within tweEtv (201worlÍins davs following thc datc specified in Dishict's writûen order.
FqruÍl16.12
County Courrol Agprovod ¡¡ ro Fürn {Xt/25/2,015
P8\2íl?378
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RTVERSIDE COUNTY T'LOOD CONTROL AND }VATER CONSERVATION DISTRICT PUBLIC IVORKS (Projects Over $25,000)
Bid Submi¡sio¡ Addrcss:
Riverside County Flood C;ontrol
and Water Conservation District
1995 Ma¡ket S¡eet
Riverside, CA 92501
951.955.1200
Return bid to ¡ddress ¡bove.
Request for Bids # FCARC- 00163
Bid Issuc Date: A5/A6/2A20
Job walk Date: a5 / ß/2a20 @ 9:004M PST
Bid Closing Dúe: AS ¡28 n02A
on or before l:30 p.m. Pacific Standard Timc
ATTACHMENT A
\ilHITTIER A\M¡{IJE CHAII{¡IEL IN\¿ERT REPAIR AT KIRBY STREET" HEMET STATEMENT Or WORK A¡{D SPECTFTCATIONS
The Contractor shall furnish all travel, pârts, labor, materials, rentals, equipment, disposal, transportation and supcrvisiCIn necessary to complete the repair the Whittier Avenue Channel concrete invert at Kirby Süeel Hemet.
1. Sawcut, remove and dispose off-siæ of apprcximately 400-feet long and 12.5 ft wide damaged concrete channel invert.
2. Excavate and re-establish sub-grade surface and compact as necessary and as directed by the Engineer to provide a competent subgrade for CLSM bacldll and ncw concrete surface and rcinforcement.
3. Backfill channel invert underneath the bridge with Controlled Low Strength Material (CLSM).
4. Backfill channel invert outside of of Kirby Sneet bridge fooçrint with compacted backfill.
5. Constn¡ct 6-inch thick concrete ch¿nnel invert with reinñrcement per attached.
6. Tie into existing concrete channel as shown in the þ'pical key detail per attached.
7. Protect existing utilities in place.
8. Dust abatement: Contractor shall implement dust control measures necessary to prevent harm and nuisance from dust.
@:r Contactor must perform all work in strict accordance with all applicable federal, state and local building codes and requirements to en$¡re the project meets District design, intent and performance requirements.
r Conüactor shall comply with all federal, state and local rules and regulations that in *y manner affect the work. Special attention is called to, but not limited too the local environmental ordinances.
Ignorance on the part of the bidder will in no way relieve him/her from responsibility of compliance with all said laws, ordinances, rules and regulations.
. All work to be performed during regular business hours. r Certified payroll is required on this project. See Form n6A22 Public t#orks General Conditions. . This project is subject to compliance monitoring and enforcement by the Deparfinent of Indusrial Relations. Pursuant to Labor Code section l77l.l, any contractor bidding or subcontractor to be Fmltl&'122
Cormry Coucol Apprwnd a¡ o Form f19252015
P8U27378
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RTVERSIDE COTJNTY FLOOD CONTROL AI\TD \ilATDR CONSERVATION DISTRICT PUBLIC \ilORKS @rojects Over $25,000)
Btd Submicsicn Addrcsr:
Riverside County Flood Conhol
and Waær Conservation District
1995 Market Street
Riverside, CA 92501
951.955.1200
Return bid to ¡ddre*s ¡bove.
Rcqued for Bids # FCARC- 00163
Bid Issuc Ðúß: A5/06/2t20
Job lValk Dæc: 05i l8/2A20 @ 9:004M PST
Bid Closing Date: 05/2812020
on or bcfore l:30 p.m. Pacific Sfandard Time
ATTACHMENT B
srECIAt PROVTSTONp AIìrD DEI14'rLED SPECIFICATIONS
SPECIÅL PROVISI0Nq
sEcTroN r - PRoTECTTpN OF EXISTING UTTLITTES
l.l Gcneral - All existing undergrCIund utility lines, power poles and overhead wiring shall be prot€cted in place at all times, except as notÉd otherwiss on the plans. Any damage to utilities caused by the Contactor's operation shall be repaired or r€placed at thc Contracûor's expense.
Prior to the commencement of any constn¡ction activities, the Conûnctor shall contact all utilþ companies and local nnunicþlities servioing the project aree ûo rcview as-built utility drawings and deærmine appropriate mea¡rs of protccting utilities.
At the discretion of the Engineer, the Contractor mây be required ûo veriþ by potholing the location of potentially affected util ities.
SECTION 2 - SPEçIAL,REOUTREMENTS
2.1 Liability hsurqnqp - The Contractor's attention is directed to Section 8.02, Insurance Indernnification/Hold HarmlesslDefend, of the General Provisions. The Cþ of Hemet shall also be named as additional insured with the liability insurance coverage required to be mainfainad by the Contractor. 2"2 Encr:oachment Permit$ -
City of Hemet.- The Contractor is required to obt¿in an cnÇroachment permit from the Cþ of Hemet for work within city right of way. The Contractor/Subcontractors must obtain and pay for Cþ Business License prior to starting any work. A copy of the encroachment permit shall be plrvided to the Engineer prior to commencement of work.
2.3 Heavv-Equipment Workin$ Hours - Fleavy construction equipment shall be allowed to work from 7:00 a.m. to 3:30 p.m. each normal working day (lvfonday through Friday), trnless otherwise approved by the Engineer.
2.4 Surv-ç.y Crew - The Contractor shall noti$ the Engineer in writing at least 48 hours prior to new construction st*king.
Survey Crcws will be available Monday through Thursday from 7:00 a.m. to 3:30 p-rn., with a half-hour off for lunch. If the Contractor requires the Survey Crew ûo work beyond the specified time mentioned abcve, Form *l t6l22
Corary Corøol Åpprowd.! 60 Forlr WnSn0lS
P$¿2?3?8
14.G
RTVERSIDE COUNTY FLOOD CONTROL AIID WATER CONSERVATION DISTRICT PUBLIC WORKS (Projecús Over $25,000)
Bid Submi¡sion Addrcss:
Rivcrside County Flood Control
and lVatcr Conscrvation District
1995 Market Sbeet
Riverside, CA 92501
95r.955.t200
Return bid to ¡ddress above.
Rquøt for Bids # FCÂRC- 00163
Bid Issuc Datc: 05/06i2020
Job walk Darc:05il8t2020 @ 9:004M pST
Bid Closing Daæ: AS ß812820
on or before 1:30 p.m. Pacific Standa¡d Time
it shall be considered as ov€rtime and shall be p*id by the Contractor at 1.5 times the Survey Crew's hourly rates.
Formlt16-l?2
Cor¡¡g Cou¡¡¡l Âpp¡cnod r¡ b F&m 09/15/2015
W,í¿27378
14.G
RTVERSIDE COUNTY FLOOD CONTROL A¡ID WATER CONSERVATION DISTRICT PUBLIC IVORKS (Projects Over $25,000)
Bld Submlssion Addrcss:
Riverside County Flood Control
and Water Cons€rvation District
1995 Martet St¡cet
Rivcrside, CA 92501
951.955.1200
Return bid to address ¡bove.
Requeet for Bids # FCARC- 00163
Bid Issue Dats: 05 /06ÞA2A
Job Walk Date: A5/18/2020 @ 9:004M PST
Bid Closing Date: 0 S f28 t2020
on or beforc l:30 p.m. Pacific Standard Time
DETAILED SPECIFI.CATIONS
SECTION 3 . MOBILIZATION
3.1 Description - The contract item Mobilization shall consist of expenditures for all preparatory work and operations, including but not limited to, those costs necessary for the movement of personnel, equipmen! supplies and incidentals to the project site; for the establishment of all ofüces, buildings, construction yards and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on tlre project site as well as the related demobilization costs anticþated at the completion of the project.
3.2 Payment - The lump sum contract price for Mobilization shall constitute full compeirsation for all labor, materials, equipment, and all other items necessary and incidental to completion of this iæm of work.
The deletion of work or the addition of extra work as provided for herein shall not affect the price paid for Mobilization.
SECTION 4 - ÌüATER CQIiTROL
4.1 Description - This section covens the contract item Water Control. Watersheds and/or urban runoff aroas arc tribuary to the project site at various locations, but do not necessarily follow the alignrnent of the project under current conditions" Surface water in varying quantities can be expected at any time of the year, and substantial runoff can be expected during periods of rainfall. All bidders shall malce their own determination regarding what the surface and/or groundwater conditions will be at the time of consruction, and their impact on the bidder's operetions and construction phasing.
4.2 Water Control - The contract item Water Control inclr¡des the control and/or diversion of surface runoff as well as groundwater within the work ar€a as required to complete the work. All work shall be carriecl on in areas free of water. Care should be exercised so that runoff or diversion flows do not erode, undermine or otherwise damage either facilities which have been constructed or adjacent private properties. The responsibility for the protection of all existing and proposed improvements lies with the Contractor.
4.3 Measurement and Palrmelrl - The methods of controlling both surface and groundwater will be the responsibilþ of the Contractor. The contract lump sum price paid for Water Control shall include full compensation for all direct and indirect costs incurred under this section, and for doing all the work involved in conholling surface runoff and groundwater within the construction are4 as specified in these Detailed Specifications, and as directed by the Engineer"
Forn¡ #l té-122
Cc,oty Couucl Âpproræd ss !o Fdm 09¿5Æ0t j P¡n227378
14.G
RTVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PUBLIC WORKS (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, CA 92501
951.95s.1200
Return bid to address âbove.
Request for Bids # FCARC- 00163
Bid Issue Date: 05/0612020
Job Walk Date: 05 / 18/2020 @9:004M PST
Bid Closing Date: 0 5 /28/2020
on or before l:30 p.m. Pacific Standa¡d Time
SECTION 5 . TRAFFIC CONTROL
5.1 Description - The contract item TrafÏic Control shall include preparation of traffic control plans, labor, flagmen, lights, barricades, signs, materials, temporary bridges and equipment necessary to ensure that the vehicular and pedestrian haffic conforms to requirements as set forth in this section.
5.2 Notification of Agencies - The Contractor shall notiff the following agencies a minimum of 48 hours in advance of start of any street work and inform them of the proposed construction schedule and provide any additional pertinent information they may request:
Riverside County Sheriff s Department
City of Hemet Public lVorks
Tim Hultz, Public Works Director
Southern California Edison
The Gas Company
United States Postal Service
Underground Service Alert
951.922.7rcA
95t.765.3712
909.307.6767
909.33s.77t6
909.79s.8124
800.227.2600
The Contractor is not relieved of his responsibility of notifying the various deparünents and agencies mentioned above, even if their telephone numbers may have changed without notice.
The above-agencies shall also be advised by the Contractor of any major change in the construction schedule that could restrict pedestrian or vehicular traffrc.
5.3 Public Convenience and Access - The Contractor shall so conduct his operation as to offer the least possible obstruction and inconvenience to the public and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public and shall provide continuous access to all private properly. Additional provisions shall be made as necessary to protect the public and accommodate traffic with a minimum of inconvenience.
Closures or partial closures of the traveled way implemented by the Contractor shall be related to actual work being performed at the time. Closures shall not be maintained if work is not being performed. If the existing closure is not essential to the type of work being performed at the time, the traveled way shall immediately be restored to a safe condition for public use.
5.4 Construction Siens and Traffic Control Plans - All construction signs, barricades, delineators, etc., shall conform with the U.S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices for Sfeets and Highways (MUTCD), Part 6, latest edition", and the MUTCD California Supplement, Part 6 along with the Uniform Sign Chart as shown on the drawing.
Form #l l6-122
Cmty Couæcl Approvsd I to Fm 09n5nAl5
P8U27378
14.G
RTVERSIDA COI.INTY FLOOD CONTROL A¡ID WATER CONSERVATION DISTRICT PUBLIC WORKS (Projects Over $25,000)
Bid Submisslon Addrcss:
Riverside County Flood Conûol
and lVarcr Conservation District
1995 Market Steet
Riverside, CA 92501
951.955.t200
Retum bid to address ¡bove.
Requcst for Bids # FCARC- 00163
Bid lssr¡c Date: 05/06/2020
Job Walk Date: 05/t8/2020 @ 9:û0AM PST
Bid Closing Date : 0 5 t28 /2û2A
on or before l:30 p.m. Pacific Standard Timc
5.5 &gsers - All personnel utilized as flaggers must be trained in the proper ñ¡ndamentals of flagging and signaling.
5.6 Süiping ërd Pavement Markine - Temporary and permanent striping shall be performed by the Contractor at his expens€ as directed by the Engineer. The Contractor shall restore the permanent sfiping immediaæly after resurfacing of the streets is completed. The Conûactor shall notif the City of Hemet Public Works Depar8nent Telephone: 951.765.37t2 at least 48 hours prior to restriping.
All temporary trafüc striping and pavement markings shall conform to Section 84 of the Caltans Specifications and shall be acceptable to the Cþ of Hemet Public Works Deparftrent.
All final pavemont markings such as arrorrys, "STOP', "ONLY,, reflectors, etc., shall be replaced by the Contractor with high intensity paint and thermoplastic, Thermoplastic crosswalk traffic stripes and pavement markings shall conform to the provisions in Section 84-1, "General" and 84-2n "Thermoplastic Traffrc Stipes and Pavement Markings" of the Caltrans Specifications and these Detailed Specifìcations.
5.7 Payment - The contract lump sum price paid for Traffic Control shall include full compensation for all material and labor costs incurred under thÍs section.
SECTION 6 - EARTHWORK
6.1 Description - This section oovers the conüact items Excavation; Backfill; Controlled l,ow Strength Matcrial (CLSM) - Kirby Street Bridge; and. Controlled Low Strength Material - Other Locations.
6.2 Geleral Excavatior,r.Requirements - Channel Excavation shall be in conformance with Section 300-7.
The Contractor shall dispose of all surplus excavated material outside of the limits of the construction easements and permanent rights of way.
In excavating for surfaces against which concrete is to be placed, care shall be exercised in removing the final lift. The foundation for all concrete struchres including concrete channels and sideslopes will be inspected and tested after excavation. The subgrade shall be ninety percent PAV"\ relative compaction prior ûo the placement of concrete. Surfaces against which concrete is to be placed shall be free of debris, mud or ponded rvâter. If subgrade compaction is deficient, subgrade shall be scarified, moisture conditioned to or slightly above optimum moisture contenf and the surface proof rolled to a minimum ninety percent PAVù relative compaction. Subgrade preparation will not be measured or paid separately and no additional compensation will be allowed unless overexcavation is directed by Engineer.
Material which will not provide a suitabls foundation shall be removed and replaced with compacfed select material as directed by the Engineer.
Fomr#tlú122
C,ornty Counal Approvod ü to Fosm 0912512015
P8U22T178
14.G
RTVERSIDE COUNTY FLOOD CONTROL AND \ryATER CONSERVATION DISTRICT PUBLIC WORKS (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Ma¡ket Street
Riverside, CA 92501
951.955.1200
Return bid to address above.
Request for Bids # FCARC- 00163
Bid Issue Date: 05 /0612020
Job Walk Date:05/18/2A20 @ 9:004M PST
B id Closing Date: 0 5 /28 12020
on or before l:30 p.m. Pacific Standard Time
Any overexcavation shall be filled with select material compacted to ninety percent (90Vù relative compaction and meeting the material requirements for backfill.
The Contactor shall remove slides and materials eroding into the \ryork, and the slopes and grades refinished to original grades as specified.
The Contractor shall dispose of all surplus excavated material outside of the limits of the construction easements and permanent rights of way.
6.3 Excavation - The contract item Excavation covers the removal of all material including asphalt, aggregate base, abandoned pipelines and concrete from within the excavation paylines as specified and directed by the Engineer.
6.4 General Backfill Requirements - Whenever fill is specified or required (except for pipe backfill) the work shall be performed as set forth in Sections 300-4.1 to 300-4.8 of the Greenbook Specifications. Backfill for pipe and box shall conform to Section 306-12 of the Greenbook Specifications, except jetting is not allowed.
Backfill will be accomplished by either mechanical methods or by placement of Controlled Low Strength Material (CLSM) as described in (l) and (2) below (1) Mechanical Compaction - Backfill shall be mechanically compacted by means of tamping rollers or other mechanical tampers. lmpact-type pavement breakers (stompers) will not be permitted unless otherwise approved by the Engineer.
All backfill material for structures shall be placed in uniform layers and shall be brought up uniformly on each side of the structure. The thickness of each layer of backfill shall not exceed I inches before compaction unless otherwise approved by the Engineer. For hand directed mechanical compactors, the thickness of each layer shall not exceed 4 inches before compaction
AII relative compaction tests will be made by the Engineer in conformance with ASTM D1557. Whenever relative compaction is specified to be determined by ASTM D1557. (2) Controlled Low Strength Material (CLSM) - Controlled Low Strength Material (CLSM) placement for backfill shall be used when specified or approved by the Engineer. CLSM shall conform to Section 20L-6 of the Greenbook Specifications and as specified in Section 8.
Approval to use specific methods and compaction equipment shall not be construed as guaranteeing or implying that the use of such methods and equipment will not result in damage to adjacent ground, existing Form #l l6-122
County Cormcl Approvcd as lo Fom 09n5n015
mu273't8
14.G
RTVERSIDE COTJNTY FLOOD CONTROL AI\ID 1YATER CONSERVATION DISTRICT PLIBLIC \ilORKS @rojects Over 925,ü10)
Bid Subminçlon Address:
Riverside County Flood Control
a¡rd Waær Conservation District
1995 Market Stncet
Rivcrside, CA 92501
951.955.1200
Rcturn bid to ¡ddress ¡bove.
Request for Bids # FCARC- 00t63
Bid Issue Daæ: 05 /A6/202t
Iob Walk Date: 05/181202A @ 9:00Á,M PST
Bid Closing Date : t5 /28 /202û
on orbefore l:30 p.m" Pacific StÂndard Time
improvements or improvements installed under the contract, nor shall it be construed es guaranteeing proper compaction. The Contractor shall make his own determination in this regard.
All backfill around strucftres and pipe shall be compacted to not less than ninetypercent (907o) relative compaction. Where such material is placed under existing or proposed paved roadw&ys, the top 3 feet, measured from the subgrade plane, shall be compacted to ninety-fïve percent (95W and shall be compacted by Method (1).
Trench bottoms for structures and pþ shall be graded to provide firm and uniform bearing throughout the entire length of the structures and pipe.
6.5 Backfill - The contract item Backfill includes all mechanical bacldill material compacted as specified around the various concrete structures within the paylines as shCIwn on the stândatd drawings.
6.6 C-onFolled Low Strensth Material.fCLSNO - Kirþy Sfeet Bridge - The con&act item Controlld L¡w Strength Material (CLSM) - Kirby Street Bridge shall be the placement of CLSM underneath Kirby Street bridge fooprint as specified on drawings and as directed by the Engineer.
CLSM material conformance is specified in Section I of these specificatíons.
6.7 Controlled-LoW.$treaglh Material ICLSM) -.Çthqr Logations - The contract item Controlled low Strongth Material (CLSM) - Other Locations shall be the placement of CLSM within areas outside of the Kirby Street Bridge fooþrint as specified on drawings and as directed by the Engineer.
CLSM material conformance is specified in Section 8 ofthese specifications.
6.8 Measurement - Excavation; Controlled Low Strengh M¿ærial (CLSM) - Kirby Street Bridge; and Controlled low Strength Maærial (CLSh{) * Other Locations beyond the limits established by the drawings, unlcss ordered in writing by the Engineer, will not be measured for payrnent.
The excavated material shall be measured from the ground surface existing at the start of excavation, to the lines, grades and dimensions shown on the drawings. Longitudinal limits of the excavations as shown on the profile drawings terminate at a vertical plane at the limits of the stnroture, measured along the longitudinal aris of the various sbx¡ctures.
Me¿surement for payment for the contract item Controlled Inw Strengfh Material (CLSM) - Kirby Street Bridge and Controlled Low Strength Material (CLSM) - Other Locations will be the number of cubic yards of material placed in final position as specified and within the limiæ of the payment línes as shown on the drawings. The longitudinal limits for CLSM shall terminate at a vertical plane at the limits of the pipe or Form *l 16-122
Conny Corxct Apçrørcd s ro Fofm 09/25llû 15
ß227378
14.G
RTVERSIDE COT,INTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PUBLIC WORKS (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Wæer Conservation District
1995 Ma¡ket Street
Riverside, CA 92501
951.955.1200
Return bid to sddress rbove.
Request for Bids # FCARC- 00163
Bid Issue Date: 05 106/2020
Job Walk Date:05/18/2020 @9:00Á.M PST
Bid Closing Date: 05 /28/2020
on or before l:30 p.m. Pacific Standa¡d Time
stTucture, measured along the longitudinal axis of the various pipe or structures. Volume occupied by structures, aggregate base, asphalt concrete and other features for which a separate payment is made will be deducted from the gross volume.
6.10 Payment - The contract prices paid for Excavation; Controlled Low Shength Material (CLSM) - Kirby Street Bridge and Controlled Low Strength Material (CLSM) - Other Locations shall include fullcompensation for all costs incurred under this section
SECTION 7 _ TRENCH SAFETY SYSTEM
NOT USED
SECTTON 8 - CONC_BIFTE CONS.TRUCTION
8.1 Ðescription - This section includes the contract items related to the various classes of Concrete.
8.2 General Requirements Conuete for all pu{poses shall be composed of Portland Cement, aggregates and water of the quantities and qualities herein specified, and in the required proportions. The ingredients are to be well mixed (a minimum of 70 drum revolutions, and a maximum of 250 drum revolutions are required to provide sufficient agitation to the concrete mix) and brought to the proper consistency and to have a compressive strength at the age of 28 days of not less than the amount shown in the following tabulation for each type of work listed:
Note to Engineer: "Type of Work" specified for Concrete Class and Strength is applicable for RCFCD Standards only. When using outside agency St¿ndard Plans, verify type of work is listed under Correct Concrete Class and Strength.
CONCRETE MINIMUM SACKS
CLASS CEMENT/C.Y. TYPE OF WORK
POUNDS PER
SOUARE INCH
Chanel Paving 4000'ts
l/2 Max. Controlled Low Strength Material 50-100
(CLSM) (hand excavatable)
fNote: Concrete for use in structures constructed from State of Califomia, Department of Transportation Søndard Plans shall have compressive strengths as called for on those plans.
Fm #t l6-122
Couty Cowcl Approvcd c to Fm 09n1n0l5
6A
E
P8U27378
14.G
RTVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PUBLIC \ilORKS (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, C¡. 92501
951.955.1200
Return bid to address above.
Request for Bids # FCARC- 00163
Bid Issue Date:. 05106/2020
Job Walk Date:05118/2020 @ 9:004M PST
Bid Closing Date: 05 /2812020
on or before l:30 p.m. Pacific Standard Time
8.3 Material qrd Methods - All concrete materials, methods, forms and proportioning shall conform to Sections 51 and 90, and additionally, curb construction shall conform to Section 73 of the Caltrans Specifications. Concrete test specimens will be made in accordance with ASTM Designation C-31 and C172.
Test for concrete compressive strengths will be performed in accordance with ASTM Designation C-39.
Combined aggregate grading for all concrete shall be in conformance with Section 90-1.02C(4Xd) of the Caltrans Specifications and the following tabulation for each type of work listed:
TYPE OF WORK
COMBINED AGGREGATE
GRADING
Slope Paving, Trapezoidal Channel, and
Miscellaneous Concrete not otherwise specifi ed.
Form #l l6-122
Comty Cowcl Apprcvcd æ to Form 0925/2015
l" Maximum
Controlled Low Strength Material (CLSM) *See below
*Note: Contolled Low Strength Material (CLSM) gradation shall conform to Section 201-6.2.2 of the Greenbook Specifications except that the Contractor has the option to use reclaimed concrete material for the CLSM. The reclaimed material shall meet the same grading requirements as non-reclaimed material set forth in Greenbook Specifications Section 201-6.2.2.
The Contractor may also elect to use an air entrained agent or an accelerant (2% PolarSet or equivalent) to speed up the set time of the CLSM. The Contractor shall submit mix designs for review and approval.
Fly Ash, Class F may be substituted for cement, up to a maximum of 15 percent by weight for all concrete. Fly Ash shall meet the standards of ASTM Designation: C-618. Water reducing agents meeting ASTM Designation: C494 will be permitted in amounts recommended by the supplier and approved by the Engineer in writing.
No other admixture shall be used in any class of concrete without written permission from the Engineer Supplementing Section 90-1.01 of the Caltrans Specifications, prior to placement of any concrete the Contractor shall submit mix designs, for all types of concrete ûo be placed, to the Engineer for approval.
Supplementing Section 90-1.02G(3) of the Caltrans Specifications, concrete delivered to the job site shall be accompanied by a ticket containing the weight of each of the individual ingredients in the mix.
8.4 General BeinforcinLSæel Requirements - Reinforcing steel for all reinforced concrete structures shall be Grade 60 Low-Alloy or Grade 60 Billet-Steel. The reinforcing steel for use in structures consfructed from State of California, Department of Transportation Standard Plans shall be of Grade 60 or as called for on those plans. Cleaning, bending, placing and spacing of reinforcement shall conform to the applicable provisions of Section 52 of the Caltrans Specifications and to the drawings. The Contractor shall furnish a "Certificate of 30 of44
w\227378
14.G
RTVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PUBLIC WORKS (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, CA 92501
951.955.1200
Return bid to address ¡bove.
Request for Bids # FCARC- 00163
Bid Issue Datei 0510612020
Job Walk Date:05/1812020 @ 9:004M PST
Bid Closing Date: 05 /2812020
on or before l:30 p.m. Pacific Standard Time
Compliance" with the specification of ASTM Designation: A-7A6/Aor A-615/4. All splices shall confonn to the requirements of A.C.I. Manual, Standard 318, latest edition. Splices requested by the Contractor for his convenience shall be subject to approval by the Engineer. Longitudinal lap shall be 16 inches minimum for #4 bars and l9 inches minimum for #5 bars.
8.5 Consistency - The consistency of the concrete shall be such as to allow it to be worked into place without segregation. Unless otherwise specified, the slump shall be 3 inches plus or minus I inch for all concrete, except the concrete for the cast-in-place concrete pipe which shall have a slump of 2 inches plus or minus I inch.
Controlled Low Strength Material (CLSM) flow characteristics shall be determined by the producer to meet job site conditions and shall be approved by the Engineer.
The slump test shall be performed in accordance with the requirements of ASTM Designation: C-143.
Slumps grcater than those specified may be cause for rejection of the concrete by the Engineer.
8.6 Placing - Supplementing Section 5l-1.03D(l) of the Caltrans Specifications, concreûe shall not be placed except in the presence of the Engineer. The Contractor shall give reasonable notice to the Engíneer each time he intends to place concrete. Such notice shall be far enough in advance to give the Engineer adequate time to inspect the subgrade, forms, steel reinforcement and other preparations for compliance with the specifications before concrete is delivered for placing.
Formed concrete shall be placed in horizontal layers in lifts of not more than 20 inches. Hoppers and chutes, pipes and "elephant trunks" shall be used as necessary to prevent segregation of the concrete.
8.7 Form Removal and Finish - Forms shall be removed only when the Engineer has given his approval.
Forms shall be removed in such a way as to prevent damage to the concrete. Supports shall be removed in a manner that will permit the concrete to take stresses due to its own weight uniformly.
Forms shall not be removed sooner than the fotlowing minimum time or strength after the concrete is placed. These times represent cumulative number of days and fractions of days, not necessarily consecutive, during which the temperature of the air adjacent to the concrete is above 50 degrees Fahrenheit. If the temperature falls below 50 degrees Fahrenheit at any time after the concrete is placed in the forms, the Engineer will advise the Contractor of additional time required before forms can be removed.
Element Streneúh or Time
16 hours
The finish on all exposed formed surfaces shall conform to Section 5l-1.03F(3) Class I Surface Finish of the Caltrans Specifications. A tight wood float finish will be required on the surface of trapezoidal channels All other stmctures
Form #l l6-122
CouSr Cowl Approvcd ôs ¡o Fm 09n5/2015
P8U27378
14.G
RTVERSIDE COUNTY FLOOD CONTROL ÀND WATER CONSERVATION DISTRICT PUBLIC IVORKS (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, CA 92501
9sr.955.1200
Return bid to address above.
Request for Bids # FCARC- 00163
Bid Issue Date: 05/06/2020
Job walk Date:05/18/2020 @ 9:00AM PST
Bid Closing Date: 05 /28/2020
on or before 1:30 p.m. Pacific Standard Time
and bridge decks and excessive surface working will not be permitted. The exposed concrete surfaces shall be broomed in a transverse direction with a fine textured hair push broom to produce a uniform surface and eliminate float marks. Brooming shall be done when the surface is sufficiently set to prevent deep scarring. If directed by the Engineer, a fine spray of water shall be applied to the surface immediately in advance of brooming.
Exposed comers of all concrete structures shall be finished with a 3/4" chamfer Concrete flatwork shall match adjacent surfaces. The concrete shall be struck off and tamped or vibrated until a layer of mortar has been brought to the surface. The top surface and face of curbs, gutters, catch basins and sidewalks shall be finished to match adjacent surfaces.
8.8 Curing - All concrete shall be prevented from drying for a curing period of at least seven (7) days after it is placed. Surfaces exposed to air during the curing process shall be kept continuously moist for the entire period or untíl curing compound is applied.
Formed surfaces shall be thoroughly wetted immediately after forms are removed and shall be kept wet until patching and repairs are completed. Water or covering shall be applied in such a way that the concrete surface is not eroded or otherwise damaged. Water for curing shall be clean and free from any substances that will cause discoloration of the concrete.
Concrete may be coated with curing compound in lieu of the continued application of moisture. The curing compound shall comply with the requirements of Section 90-1.038(3) of the Caltrans Specifìcations and ASTM Designation C-309. The curing compound shall be No. 2 White Pigmented Curing Compound,Type2, Class B for all concrete surfaces other than for flatwork which shall be coated with No. 6 Nonpigmented Curing Compound, Type l-D, Cass A containing a red fugitive dye.
The curing compound shall be sprayed on the moist concrete surfaces as soon as free water has disappeared, but shall not be applied to any surface until patching, repairs and fìnishing of that surface are completed. The curing compound shall be thoroughly mixed immediately before applying, and shall be applied at a uniform rate of not less than one gallon per I 50 square feet of surface. No separate payment will be made for the curing compound or its application.
8.9 - Controlled Low Strength Material (CLSM) Curing - Controlled Low Strength Material (CLSM) must achieve a maximum indentation ciiameter of three (3) inches as determined under ASTM D6024 before covering.
8.10 Joints - Joints shall be made at the locations shown on the drawings, or as approved by the Engineer.
The Contractor shall construct, in one continuous concrete placing operation, all work comprised between such joints. Joints shall be kept moist until adjacent concrete is placed.
Fom #l l6-122
Comty Comel Approvcd æ to Fom 09/2512015
PAU27378
14.G
RTVERSIDE COTJNTY F'LOOD CONTROL AIYD WATER CONSERVATION DISTRICT PLIBLIC \ryORKS (Projects Over $25,000)
Bid Submirslon Address:
Riverside County Flood Conbol
and Water Conservation Distriø
1995 Market Street
Riverside, CA 92501
95r.955.1200
Return bid to addrcss ¡bove.
Request for Bidg # FCARC- 00163
Bid Issue Date: 05/06/2020
Job Walk Date: 05/1812020 @ 9:004M PST
Bid Closing Ðctel. 05 128 12020
on or before l:30 p.m. Pacific Standard Time
All constuction joints having a keyed, stepped, or roughened surface shall be sleaned by sandblasting prior to placement of the adjacent concrete, unless otherwise directed by the Engineer.
The sandblasting operations shall be continued until all unsatisfactory concrets, laitance, coatings, stains, debris, and other foreign materials ar€ removed" The surface ofthe concrete shall be \ryashed thoroughly to rpmove all loose material.
Transverse weakened plane joints shall be required in the trapezoidal channel at l0-foot spacing or as direcæd by the Engineer. The joints may be formed by placing a continuous ship of plastic or othcr material which will not react adversely with the chemical constituents of the concrete or bond with the concrcte. The strip shall have a minimum thickness of 0.013 foot, a width of not less than 0.12 foot nor mo¡e than 0.13 foot for the six-inch thick channel slope and invert. After placement, the vertical axis of the joint material shall be within l0 degrees of a plane normal to the surface of the concrete. The tops of the strip shall not be above nor more than 0.02 foot below the fïnished concrete. Final alignment of the strip for the Fansverce weakened plane joints shall not vary more than 0.04 foot from the edge of a l2-foot stnaight edge. After installation of ajoint material the concrete shall be fue of segregation, rock pockets or voids and the fïnished concrete surface on each side of the joint shall be in the same plane.
The Contractor may elect to form the weakened plane joinæ in the channel surface by cutting a groove in the surface with a power driven saw. The grooves shall be cut to a minimum depth of 0.17 foot and the width shall be the minimum width possible with the type of saw being used, but in no case shall the width exceed 0.02 foot. The weakened plane joints shall be sawed within 12 hours after the concrete has been placed.
Surfaces of construction joints shall be cleaned as set forth in Section 51-1.03D(4) of the Caltrans Specifications.
8.11 Wcepholes - Weepholes shall be constructed in accordance with the drawings and at locations directed by the Engineer. All weepholes shall be2-l/2 inches in diameter unless noted otherwise on the drawíngs.
Weepholes may be formed by removable round wooden dowels" Schedule 40 PVC Pipe or greater, or by other methods acceptable to the Engineer.
All weepholes shall have a rodent screen consisting of ll¿t-inch mesh, l6-gauge galvanized hardware cloth secu¡ely and permanently attached over the drain opening in a manner approved by the Engineer.
Filter material for the weepholes shall be one inch (1") nominal size crushed rock sonforming to the gradation of Section 200-1.2 of the Greenbook Specifications. Filter material sh¿ll also meet the quality requirements of Sections 200-1.1 and 200-1.2 ofthe Greenbook Specifïcations.
Fo(m #l 16-122
Conty Cooool Agprwad ¡¡ to Fqr¡¡ 09/25Æ0ll
p8u27378
14.G
RTVERSIDE COUNTY FLOOD CONTROL AND \ilATER CONSERVATION DISTruCT PUBLIC 1VORKS (Projects Over $25,000)
Bld Submlssion Address:
Rivcrside County Flood Control
and Water Conservation District
1995 Ma¡ket Street
Riverside, CA 92501
95r.955.1200
Return bid to address above.
Request for Blds # FCARC- 00t63
Bid Issue Date: 05i06/2020
Job Walk Date : 05 /t81202A @ 9:00AM PST
Bid Closing Date : 05 128 12020
on or beforc l:30 p.m. Pacific Standard Time
Filter material shall be wrapped in a single layer of filær fabric as shown on the drawings or approved by the Engineer. Filter fabric shall be Class A per Section 88-1.028 of the Caltrans Specifications.
Filter fabric shall be fumishEd in protective \¡vrapping which shall protect the fabric from ultmviolet radiation and from abrasion due to shipping and handling. The fabric shall also be ultraviolet stabilized.
The fabric shall be placed in the manner and at the locations shown on the drawings. The surface to receive the fabric shall be prepared to a smooth condition fue of obstructions and debris.
The fabric shall be covered wÍthin 72 hours of its placement. Should the fabric be damaged during construction, tåe torn or punctured section shall be repaired or replaced as directed by the Engineer.
No separate payment will be made for the inst¿llation of the weephole, hardware cloth, fïlter material or fïlt€r fabric.
8.12 Use of the Channel Invert - Dump hucks, concrete trucks and earth moving equipment (whether full or empty) will not be allowed to operate on the invert of the concrete channel.
A small crane with capacity not to exceed l0 tons will be permitted to op€rate on the concrrte channel invert for the purpose of setting and moving forms, and erecting the steel reinforcement for the walls. Wheel loading tSpes and amounts will be subject to the approval of the Engineer. Vehicles of 314 ton capacity (or less) will also be permitted acc€ss to the invert. The speed of any vehicle using the invert will be limited ûo l0 m"p.h. mærimum to avoid impact loading.
No other category of equipmenq except that specifically approved by the Engineer in writing will be permitted to use the invert of the channel for access to the work area.
In any event, vehicular access to the invert will not be permitted until the concrete has achieved its design strength. Approval for access to use the invert shall not relieve the Contractor of the responsibilþ to avoid damage to the concrete. Cracking, displacement or other damage which occurs to the inve¡t will be cause to restrict some or all of the categories of equipment allowed access to the channel. Repair or replacement of damaged concrete will be required.
8.13 Class "4"-Êgncrete. Channel Payine - The contract item Class "d" Concrete, Channel Paving includes the concrete paving of the trapezoidal channel. Included in the pay item is all reinforcing steel required but exclus ive of earthwork.
Finish surface of the channel shall be true to line and gfade and concrete shall be not less tha¡r the mínimum thickness indicated on the drawings, and as specifïed in Section 6.10 Construction Tolerances of the Special Provisions.
Fom #l 16-122
Comty Coroccl Appwtd r¡ o Fcm 09252015
P8\227378
14.G
RTVERSIDE COUNTY FLOOD COT{TROL AIïD WATER CONSERVATION DISTRICT PUBLIC IVORKS @rojects Over $25,000)
Bid Submlcsto¡r Addrosr:
Riverside County Flood C.ontrol
and Water Conservation District
1995 lvlarket Steet
Rivcrsids CA 9501
951.955.1200
Return bid to ¡ddres sbove.
Rcquest for Eids # FCARC- 00163
Bid Issue Date: O5/A612A20
Job \Malk }.a,æ:05/t8/2a20 @ 9:00AM PST
Bid Closing Date: 05 128/2A20
on or beforr l:30 p.m. Pacific Standard Time
8.14 Measurement - Measurement for peyment for the contract items Class "4" Concrete, Channel Paving will be the number of cubic yards plac€d as specified, measured to the neat lines as shown on the drawings.
8.15 Pavment - The contract prices paid for the various Concrete items and reinforcing steel items shall include firll compensation for all costs incured under this section.
SECTION 9 - MISCELLANEOUS
9.1 Desqiption - This section covers the contract items Subdrain.
9.2 Subdrain - The contrart item Subdrain covers trenching and the firmishing of the subdmin pipe, all fiüings, galvanized screen, filær material and ñlær fabric. Also included in this contract item is the fumishing of the non-perforated PVC pipe and fittings within Kirby Strect Bridge fooçrint as shown on the drawings.
The filter material shall be wrapped in filter fabric as shown on the drawings. Filter material and filter fabric shall conform to the material specifications as specified in Section 16.10, Weepholes, of these Det¿iled Specifications.
Filter Fabric shall be furnished in a protective wnpping which shall protect the fabric &om ultraviolet radiation and from abrasion due to shipping and handling. The fabric sh¿ll also be ultaviolet stabilized.
The fabric shall be placed in the manner and at thc locations shown on the drawings. The surface to receive the fabric shall be prepared to a smooth condition free of obstructions and debris.
The fabric shall be covered within 72 hours of its placement. Should the fabric be damaged during construction, the tom or punctured section shall be repaired by placing a piece of fabric that is large enough to cover the damaged area and to meet the overlap rcquirement. Adjacent borders of the fabric shall be overlapped a minimum of twelve (12) inches or sewn. Upskeam sections of fabric shall overlap downstream sections.
Perforated subdrain pipe shall be vitrified clay pipe, concrete pipe, ABS Pipe or PVC Pip, at the option of the Contractor. Vihified clay pipe shall meet the requirements of ASTM Designation: C-700, for extra strength pipe. Concrete pipe shall meet the requirements of ASTM Designation: C-14 Class 3 and C"444 Type I. ABS pipe shall meet the requirements of ASTM Designation: Ð-2751, SDR 23.5, and PVC pipe shall meet the requirements of ASTM Designation: D2665, and perforations shall be that as described in ASTM Designation: C-700.
9.3 Measurement - Measurement for payment for the contract item Subdrain will be the number of lineal feet inst¿lled as specified. No measurement will be made of the gravel filter material required for this portion ofthe work.
Fønllt16'122
Couty Cor¡¡¡al Ap¡owd ts 6 Fattrn O9n5n0l5
P8\227378
14.G
RTVERSIDN COUNTY FLOOD CO¡{TROL AI\D WATER CONSERVATION DISTRICT PUBLIC WORI(S (Projccts Over $25,fi)0)
Bid Subml¡sion Address:
Riverside County Flood Control
and W¡tcr Conservation Þistriot
1995 Marke Sbect
Riverside, CA 92501
9sr.955.1200
Retum bid to rddræs ¡bove.
Requesf for Bids # FCARC- 00163
Bid Issue Darcz 05106/2020
Job walk Datc: a5/1812020 @ 9:00AM PST
Bid Closing Date: 05 128 12020
on or beforc 1:30 p.m. Pacific Standard Timc
9.4 Payment - The contract prices paid for Subdrain shall include full compensation for all costs incuned under this section,
SECTION IO . DUST ABATEMENT
l0.l Description - This section covers the implementation of dust control measures necessary to prevent harm and nuisance from dust. Supplemcnting Section 8.06 of the General Frovisions, the Contractor sh¿ll comply with all the provisions of the South Coast Air Qualþ Management District (SCAQMD) Rule 403 as described in Appendix "4".
10.2 Dust Abatement - The contract item Dust Abatement includes the action necessary to prevent, reduce or cont¡ol dust within the work area aÍ¡ rcquired to complete the work. The Conûactor shall carry out proper and efücient mea$ures to prevent his operation$ from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the \ilork. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work included in this conmot. The Rule 403 Implementation Handbook published by the SCAQMD cont¿ins a detailed listing of rcasonably available dust confol measures and is available for inspection at the District office.
Water must be sprayed during excavation to hclp control windblown fine material such as soil, concrcûe dust and paint chÞs. The amount of water must be controlled so that runoff from the site does not occt¡r, yet dust cont¡olled is achieved. Use water from a water truck or contact the Cþ of Hemet Public Works to get a Hydrant meter for water usage.
10.3 Pa]¡ment - The contract lump sum price paid for Dust Abatement shall include frrll compensation for all dircct and indirect costs incurred under this section.
SECTION l l - $TORMWAIEß ANp NON-STORMWá,TER POLríUTrO.N_C_ONTROL I l.l Descrþtion - The contract items Stormwater and Non-stormwater Pollution Control; and Non- Stormwater Discharge or Dewatering shall include preparing, obtaining approval of, amending and implanenting Contractor's Pollution Prevention Plan (PPP). The PPP shall identi$ site specific Best Management Practices (BMPs) to be implemented during and after construction to minimize thg potential pollution of stormwater runsff and receiving waters. The identifi€d BMPs shall be practic€s designed to minimize or eliminate the discharge of pollutants from the construction site ¿nd Contractor's consfruction activitiesn including, but not limited to:
Form f I16122
Coug Counol Apprvod sr to Forû 0925/201J
RM27378
14.G
RTVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PIJBLIC WORKS (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Ma¡ket Street
Riverside, CA 92501
951.955.1200
Return bid to address above.
Request for Bids # FCARC- 00163
Bid Issue Date: 05 /0612020
Job walk Date:05118/2020 @9:00AM PST
Bid Closing Dæe: 05 128 12020
on or before l:30 p.m. Pacific Standard Time
l. Good housekeeping practices for solid and sanitary/septic waste management, vehicle and equipment cleanin g/maintenance, and materi al handl in g and storage.
2. Construction procedures such as stabilized construction access points, scheduling/phasing to minimize areas of soil disturbance, soil stabilization and erosion/sediment control.
The PPP shall also stipulate an ongoing program for monitoring and maintenance of all BMPs. ll.2 General Requirements - Stormwater and Non-Stormwater Pollution Conhol work shall conform to the requirements in the latest version of Caltrans Storm Water Quality Handbooks, entitled "Construction Site Best Management Practices (BMPs) Manual" and "Storm Water Pollution Prevention Plan (SIVPPP) and Water Pollution Control Program (IVPCP) Preparation Manual'r. Copies of the "Construction Site BMPs Manual" and "S'WPPP and WPCP Preparation Manual", hereafter referred to collectively as the "Caltrans Handbooks", ffiây be obtained from the Califomia Department of Transportation Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, Califomi4 95815-3800. Telephone: (916) 445-3520.
Copies of the Caltrans Handbooks can also be downloaded from the Caltrans intemet site at http://www.dot.ca.gov/hq/cpnstruc/stormwater/manuals.htm. In addition, copies of the Caltrans Handbooks are available for review at the District's office.
In the event the District incurs any Administrative Civil Liability or Mandatory Minimum Penalty (fine) imposed by the California Regional Water Quality Control Board, as a result of Contractor's failure to fully implement the provisions of this section and permit requirements, ilStormwater and Non-Stormwater Pollution Control'r, the Engineer may, in the exercise of his sole judgment and discretion, withhold from payments otherwise due Contractor a sufficient amount to cover the Civil Liabitity. Liability for "Negligent Violations" may be in an amount up to $501000 per day per deemed occurrence while "Knowing Violations" can result in fines as high as $2501000 and imprisonment.
The Contractor shall be responsible for all costs and for any liability imposed by law as a result of the Contractor's failure to comply with the requirements set forth in this section, "Stormwater and Non-Stormwater Pollution Control", including but not limited to, compliance with the applicable provisions of the Caltrans Handbooks, and Federal, State, and local regulations. For the purpose of this paragraph, costs and liabilities include, but are not limited to, frnes, penalties and damages whether assessed against the District or the Contractor, including those levied under the Federal Clean Water Act and the State Porter-Cologne Water Quality Act.
The Contractor shall become fully informed of and comply with the applicable provisions of the Caltrans Handbooks, and Federal, State and local regulations that govem the Contractor's activities and operation pertaining to both stormwater and non-stormwater discharges from both the project site and areas of disturbance outside the project limits during construction. The Contractor shall, at all times, keep copies of the approved PPP and all amendments at the project site. The PPP shall be made available upon request of a Fom #l 16-122
Couty Comel Approvod as to Fom 09n5n015
P8U27378
14.G
RTVERSIDE COI.]NTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PUBLIC WORIG (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Ma¡ket Street
Riversids CA 92501
951.95s.r200
Return bid to address above.
Request for Bids # FCARC- 00163
B id Issue Date: 05 /06/2020
Job Walk Date:05/18/2020 @ 9:004M PST
B id Closing Date: 05 /28 /2020
on or before l:30 p.m. Pacific Standard Time
represenúative of the SWRCB, CRWQCB, United States Environmental Protection Agency (USEPA) or local stormwater management agency. Requests by the public shall be directed to the Engineer.
The Contractor is solely and exclusively responsible for any arrangements made between the Contractor and other property owners or entities that result in disturbance of are͡s or construction activities being conducted outside the limits of the designated rights of way and temporary construction easements as shown on the project drawings.
11.3 P,-o[ution Prevention PIan Preparation and Approval - The Contractor shall prepare and obtain approval of the PPP as part of the Stormwater and Non-Stormwaúer Pollution Control work for this contract. The Contractor shall prepare the PPP in accordance with Section 3, "Preparing a Water Pollution Control Program (WPCP)", of the Caltrans Storm Water Quality Handbooks, entitled "Storm Water Pollution Prevention Plan (SWPPP) and \ilater Pollution Control Program (IVPCP) Preparation Manual" and these Detailed Specifications.
fn case of conflict between the Caltrans Handbooks and these Detailed Specifications, the Detailed Specifications shall govern.
PPP - For the convenience of the Contractor and to expedite the PPP preparation and approval, a"90Yo" PPP template has been prepared by the District. This PPP template has been tailored to the referenced project and can be downloaded from http://content,rcflood.org/Documents/Whittier_Channel Repair_PPP.pdf. . Winning bidder will be provided a Word document of the "90a/o" PPP template to amend. The Contractor shall review and amend this PPP template based on the construction schedule and work plan proposed by the Contractor. The Contractor shall then submit a PPP certified by the Contractor's QSD which conforms to Section 29.3 for District review and approval.
Within five (5) working days after the award of the contract, the Contractor shall submit two (2) copies of the PPP to the Engineer for review and approval. The Contractor shall allow ten (10) working days foithe Engineer to review the PPP. If revisions are required as determined by the Engineer, the Contractor shall revise and resubmit the PPP within three (3) working days of receipt of the Engineer's comments and shall allow ten (10) working days for the Engineer to review the revisions. The Contractor shall submit four (4) hard copies and one (l) pdf copy of the approved PPP to the Engineer prior to the pre-construction meeting. ttre Contractor must have an approved PPP prior to the pre-construction meeting.
The objectives of the PPP shall be to identifu all pollution sources associated with Contractor's construction activities that may adversely affect the quality of stormwater discharges and receiving waters; to identify all non-stormwater discharges; to identify, construct, implement and maintain water pollution control best management practices, hereafter referred to as "BMPs"; to reduce to the maximum extent practicable pollutants in both stormwater and authorized non-stormwater discharges from the construction site during construction; and to develop a maintenance schedule for BMPs after construction is completed under this contract.
Fo¡m #l l6-122
Courty Couosel Approved as to Form 09nÍn0l5
P8U27378
14.G
RTVERSIDE COUNTY FLOOD CONTROL AIID WATDR CONSERVATION DISTRICT PUBLIC }VORI(S (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Ma¡ket Street
Riverside, CA 92501
95r.gss.1200
Return bid to address above.
Request for Bids # FCARC- 00163
Bid Issue Date: 05 10612020
Job walk D^te:05/t8/2020 @ 9:00AM psT
B id Closing Date: 0 5 128 12020
on or before l:30 p.m. Pacific Standa¡d Time
The PPP shall incorporate BMPs in each of the following categories:
l. Soil stabilization practices;
2. Sediment control practices;
3. Sediment tracking control practices;
4. Wind erosion control practices; and
5. Non-stormwater management, and waste management and disposal control practices.
Specific objectives and minimum requiremenfs for each category of BMPs are contained in the Caltrans Handbooks. The Conffactor shall consider the objectives and minimum requirements presented in the Caltrans Handbooks for each of the above categories. When minimum requirements are listed for any category, the Contractor shall incorporate one or more of the listed minimum BMPs required into the PPP and implement them on the project to meet the pollution control objectives for the category. In addition, the Contractor shall consider other BMPs presented in the Caltrans Handbooks to supplement the minimum BMPs requíred when necessary to meet the objectives of the PPP. The Contractor shall document the selection process in accordance with the procedure specified in the Caltrans Handbooks.
The Contractor shall not assume that the minimum BMPs required for each category presented in the Caltrans Handbooks are adequate to meet the pollution control objectives. The Contractor may use other effective BMPs, as approved by the Engineer, in addition to the minimum BMPs required in the Caltrans Handbooks to achieve the pollution control objectives.
The PPP shall include all of the following items in the order given below:
l.
2. J.
4. 5.
6. 7.
8. 9.
10. 11.
12. 13.
Title Page;
Table of Contents;
Project Description and Contractor's Certification;
Project Information;
Pollution Sources and BMPs;
Water Pollution Control Drawings;
A copy of the Amendments, if any;
Amendment Log;
Maintenance, Inspection, and Repair Program;
Inspection Log;
Construction Site Inspection Checklist;
Current Inventory of BMP related materials; and
Mobilization Plan for BMP deployment.
Fom #l ló.122
Comty Courscl Approvcd as to Fom 09/2512015
P8M27378
14.G
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PUBLIC WORKS @rojects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Ma¡ket Street
Riverside, CA 92501
9s1.955.1200
Return bid to nddress above.
Request for Bids # FCARC- 00163
Bid Issue Date: 05 /0612020
Job Walk Date:05/1812020 @ 9:004M PST
B id Closing Date: 05 D8 12020
on or before l:30 p.m. Pacific Standard Time
The following notes (or notes of substantially similar intent) that addresp pollution prevention to the Maximum Extent Practicable during the construction phase of a project on a year-round basis need to be placed on the Stormwater and Non-Storrnwater Pollution Control Drawings:
a Erosion control BMPs shall be implemented and maintained to minimize andlor prevent the entrainment of soil in runofffrom disturbed soil areas on construction sites. a Sediment control BMPs shall be implemented and maintained to prevent and/or minimize the transport of soil from the construction site.
t Stockpiles of soil shall be properly contained to eliminate or reduce sediment transport from the site to streets, drainage facilities or adjacent properties via runoff, vehicle tracking or t¡/ind. a Appropriate BMPs for construction-related materials, wastes, spills or residues shall be implemented to eliminate or reduce transport from the site to streets, drainage facilities or adjoining properties by wind or runoff.
a Runofffrom equipment and vehicle washing shall be contained at construction sites and must not be discharged to receivìng waters or the local storm drain system. Washwaters or rinsate from ready mix, concrete, or cement vehicles must be handled appropriately and may not be discharged to receiving waters or the stonn drain system.
a All construction contractor and subcontractor personnel are to be made aware of the required best management practices and good housekeeping measures for the project site and any associated construction staging areas.
t At the end of each day of construction activity all construction debris and waste materials shall be collected and properly disposed in trash or recycle bins. a Construction sites shall be maintained in such a condition that a storm does not carry wastes or pollutants offthe site. Discharges other than stormwater (non-stormwater discharges) are prohibited, except as authorized by an individual NPDES permit, the State-wide General Permit for Storm W'ater Discharges Associated with Construction Activity. Potential pollutants include but are not limited to: solid or liquid chemical spills; wastes from paints, stains, sealants, solvents, detergents, glues, lime, pesticides, herbicides, fertilizers, wood preservatives and asbestos fibers; paint flakes or stucco fragments; fuels, oils, lubricants and hydraulic, radiator or battery fluids; concrete and related cutting or curing residues; floaøble wastes; wastes from engine/equipment steam cleaning or chemical degreasing; wastes from sfteet cleaning; and super-chlorinated potable water from line flushing and testing. During construction, disposal of such materials should occur in a specified and controlled temporary area onsite physically separated from potential stormwater runoff, with ultimate disposal in accordance with local, State and Federal requirements. a Discharging contaminated groundwater produced by dewatering groundwater that has infilnaæd into the construction site is prohibited. Discharging of contaminated soils via surface erosion is also prohibited.
o The Contractor is required to notiff and obtain approval from the District ten (10) days prior to any non-stormwater discharge or dewatering associated with Contractor's construction activities.
Fom #l 16-122
CormÇ Coumcl Approvcd a¡ to Fonu 091?5n015
P8U27378
14.G
RTVERSIDE COUNTY FLOOD CONTROL A¡lD WATER CONSERVATION DISTRICT PUBLIC WORKS (Frojects Over $25,000)
Bid Subml¡¡ton Addrcss:
Riverside County Flood Control
and Waær Conservation District
1995 Ms*et Stre€t
Riverside, CA Y2501
951.9s5.r200
Return bid to rddress ¡bove.
Requcst for Bids # FCARC- 00163
Bid Issue Date: A5/06/2020
Iob lValk Date: 05/l 8/2020 @9:004M PST
Bid Closing Datc : 05 128t2020
on or bcfore l:30 p.m. Pacific Standard Timc
o Construction sites shall be managed to minimize the exposure time of disturbed soil areas through phasing and scheduling of grading to the extent feasible and the use of temporary and permanent soil stabilization.
a BMPs shall be maintained at all times. In addition, BMPs shall be inspected prior to predicted storm ev€nts and following storm events.
10.4 Pgllution Prevention Plan Amgndments - The Contractor shall prepare amendments to the PPP, both graphically and ín narrative form, whenever there is a change in Contractor's sonstnrction activities or operations which may result in the discharge of pollutants to surface wâters, groundwaters, mun¡cipal storm drain systems or when deemed necessary by the Engineer. The Contrctor shall also amend the PPP if it is not effectively achieving the objectives of reducing pollutants in stormwater discharges. Amendments shall show additional BMPs or revisions to Confractor's constn¡ction activities or operatìons (including any construction activitics in areas not íncluded in the initially approved PPP) which are requirod on the project to effectively contol water pollution.
Amendments to the PPP shall be submittcd for rwiew and approval by the Engineer in the same manner specified for the initial approval of the PPP. The Conüactor shall date and attach all approved amendmenß to the PPP. Upon approval of the amendment the Contractor shall implement the additional BMPs, revised construction activities or operations as described thercin. ll.5 Pollution Prevention Pl4n lmolementâtion, - Upon approval of the PPP, the Contracûor shall be responsible throughout the duration of the project for installing, constnrcting, inspecting and maintaining the BMPs included in the PPP and any amendments thereto ar¡d for rcmoving and dísposing of temporary BMPs.
Unless otherwise directed by the Engineer or specifïed in these Detailed Specifications, the Contractor's responsibility for PPP implementation and maintenance shall continue throughout any temporary suspension of work ordered by the Engineer. Requirements for inslallation, construction, inspection, maintenance, removal and disposal of BMPs are specified in the Caltrans Handbooks and these Det¿iled Specifïcations. The Contractor shall implement the PPP ïn accordance with the Caltrans Handbooks and these Detailed Specifications.
the Enginser may order the suspension of construction operations if the Contractor fails to comply with the requirements of this section, 'rStormwater and Non-Stormwater Pollution Control", as determined by the Engineer.
(a) Stormwater. Pqllution Çontrol - The Contractor shall implement soil stabilization practices and sediment control BMPs, including minimum requirements as presented in the Caltrans llandbooks, on all disturbed areas of the project site during the rainy season, although undefined shall be August ltt - October 1l'and November lr - May l¡t, which is consistent with Caltrans' defïnition of the rainy season for the østern desert region.
Form #l 16-122
Cou¡ty Cor¡ûúGt Apnroerd r tû Forú 09¿tl¿015
P8\227378
14.G
RTVERSTDE COUNTV FLOOD CONTROL AND \¡VATER CONSERVATION DISTRICT PUBLIC WORKS (Projects Over $25,000)
Bid Submission Address:
Riverside County Flood C-ontrol
and Water Conservation District
1995 Market Street
Riverside, CA 92501
951.9ss.1200
Return bid to address rbove.
Request for Bids # FCARC- 00163
Bid lssue Date: 0510612020
Job Walk Date:0511812020 @9:004M PST
Bid Closing Date: A5 28 12020
on or before l:30 p.m. Pacific Standard Time
Implementation of soil st¿bilization practices and sediment control BMPs for soil- disturbed areas, including but not limited to, rough graded access roads, slopes, channel inverts, operational inlets and outlets of the project site shall be completed no later than ten (10) calendar days prior to the start of the wint€r season or upon start of applicable Contractor's constn¡ction activities for projects which begin either during or within ten (10) calendar days of the winter season.
The Contractor shall demonstrate the ability and preparedness to fully deploy soil stabilization practices and sediment control BMPs to protect soil-disturbed areas of the project site by maintaining an adequate quantity of soil stabilization and sediment control materials onsite to protect exposed, soil-disturbed areas and a det¿iled plan for the mobilization of sufficient labor and equipment to fully deploy the required BMPs prior to the onset of precipitation and for the duration of the project.
Throughout the winter season, active soil-disturbed areas of the project site shall be fi,rlly protected at the end of each day with soil stabilization practices and sediment control BMPs. The Contractor shall monitor the weather forecast on a daily basis. The National Weather Service forecast shall be used or an alternative weather forecast proposed by the Contractor may be used if approved by the Engineer. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation.
Throughout the winter season, soil-disturbed areas of the project site shall be considered to be non-active whenever soil disturbing activities are expected to be discontinued for a period of fifteen (15) calendar days or more. Areas that will become non-active either during the winter season or within ten (10) calendar days thereof shall be fully protected with soil st¿bilization practices such as covering with mulch, temporary seeding, fiber rolls, blankets, eûc. within ten (10) calendar days of the discontinuance of soil disturbing activities or prior to the onset of precipitation, whichever is first to occur. Areas that will become non-active either during the winter season or within ten (10) calendar days thereof shall be fully protected with sediment control BMPs within ten (10) calendar days of the discontinuance of soil disturbing activities or prior to the onset of precipitation, whichever is first to occur.
(b) Non-Stormwater Pollution Control - The Contractor shall implement, year-round and throughout the duration of the project, BMPs included in the PPP for sediment tracking, wind erosion, non-stormwater management, and waste management and disposal.
Fom#lI6l22
County Cor¡¡scl Approvcd ¡¡ to Fom 09252015
P8U27378
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RTVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT PUBLIC \ilORJ<S @rojects Over $25,000)
Bid Submission Address:
Riverside County Flood Control
and Water Conservation District
1995 Market Street
Riverside, CA 92501
951.95s.r200
Return bid to address above.
Request for Bids # FCARC- 00163
Bid Issue Date: 05106/2020
Job Walk Date:05/1812020 @9:00,A'M PST
Bid Closing Date: 05 /28/2020
on or before l:30 p.m. Pacific Standard Time
(c) Inspections and Reportine - The Contractor shall regularly inspect the construction site for BMPs identified in the PPP to ensure the proper implementation and functioning of BMPs.
The Contractor shall identify coffective actions and time frames to address any deficient BMPs or reinitiate any BMPs that have been discontinued.
At a minimum, the contractor shall inspect the construction site as follows:
Prior to a forecast storm;
After any precipitation which causes runoff capable of carrying sediment from the construction site;
At24 hour intervals during extended precipitation events; and At a regular interval of once every 2 weeks.
The construction site inspection checklist provided in the Caltrans Handbooks shall be used to ensure that the necessary BMPs are being properly implemented and are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer.
(d) Maintenance - The Contractor shall maintain construction site BMPs identified in the PPP to ensure the proper implementation and functioning of BMPs. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified BMP, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and approved by the Engineer in writing, but not later than the onset of subsequent precipiøtion events. The correction of deficiencies shall be at no additional cost to the District.
(e) Training - The Contractor shall describe the types of training that the Contractor's BMP inspection, maintenance and repair personnel have received or will receive that is directly related to stormwater pollution prevention.
l.
2. 3.
4. Form #l 16-122
County Couccl Apprwed æ to Fom 0925n0ß
P8V27378
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RIVERSIDE COT'NTY F'LOOD CONTROL AND WATER CONSERVATION DTSTRICT PUBLIC WORKS (Projects Over $25,000)
trid Submisrion Address:
Riverside County Flood Control
and Water Conservation Disfrict
1995 Markct Steet
Riverside, CA 92501
9sr.955.1200
Return bid to address rbove.
Requcst for Bids # FCARC- 00163
Bid Issue Dats: 05/A612020
Job Walk Date: 05/ 1812020 @ 9;004M PST
Bid Closing Date : 05 f28 /2020
on or before l:30 p.m. Pacific Standard Time
ATTACHMENT C
SITE LOCATION FOR MANDATORY PRE.BID MEETING
Date: lvfay 18,2A20
Time: 9:00 AM Pacific Standard Time
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P8U27378
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Scorpion Backhoe lnc
Po Box 5011 Hemet, GA 92545
Phone (951) 325-2208 Fax (951) 325-2210
License #814044
FINAL PAYMENT CONFIRMATION
DIR PROJECT #: 4-6-00213-00-27-7102- Whitttier Channel lnvert Repair LOCATION: Kirby Street, Hemet, CA
OWNER: Riverside County Flood Control and Water Conservation District We, Scorpion Backhoe, lnc., Subcontractor for Riverside County Flood Control and Water Conservation District, do hereby confirm the payment of $197,416.00 for the work completed on the Whittier Channel project. All vendors that were utilized have been paid in full.
lf you need any further information, please feel free to contact our office at (951) 325- 22ÙB.Thank you for your business and we look forward to working with you in the future.
FOR Sco ion Backhoe lnc. FOR:
BY SØ+? BY
TITLE: James Scott / President TITLE:
DATEDATE: 0311512021
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Scorpion Backhoe lnc
P.O. Box 5Ol I
Hemet, CA 92544
Phone # Fax#
(951) 32s-2208 (9s1) 325-2210
Ghange Order
Name / Address
Riverside County Flood Control
1995 Market St
Riverside, CA92501
Date Change Order #
t2l7/2020 4450
Signature
Signature ofperson authorized to accept proposal
Proposal good for 30 days
o7
DWR# PO# Project
Whittier Channel Re..
Description Qtv Cost Unit of Measure Total
Proposal for EXTRA work to be performed for RivCo Flood Control, Whittier Channel PO#: FCARC-0000025557
Change order price in addition to total contract vaiue of $1601 16.00 after any credits.
Change order for work to be completed due to asbestos subdrain pipe.
Complete removal of concrete by hand. Manual and mechanical compaction of material in voided areas around subdrain to remain in place.
Price does not include any additional unforeseen work due to manual removal or potential weather issues caused from these delays.
I 37,300.00 37,300.00
Please send revised contract at your soonest convenience. Thank you! Total $37,300.00
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'L\lt$
Scorpion Backhoe I
P,O, Box 5011
Hemet, CA92544
$É91 '
\q?.
.{d\o\
lnvoice
Date lnvoice #
,z,rr,rrrzt/ 58tt'l
Bill To
Iìiverside Countv Floocl Conll'ol
1995 Market St
Iìir,ersicle, C^ 92501
DWR Terms Project
FCARC-0000025557 Due on leccipt Whitticl Cha¡urel lte..
Description Quantity PreV. lnv lnvoiced Rate Amount
Fol k-X l'ltA nork pelt'olnred fbr RivCo l:lood Contlol. Whittier Channcl
PO/i : l;CARC-00000255 57
Pro.jecti,': 4-6-002 I 3-00-27 -7 102
Contrncl/l: tjC-9 I 300-086-062 I
Mobilization
Watel Contx¡l
Îr'oll.ic Corrnnl
Llxcavlliorr
tsacktill
Contnrl Lorv Strength Material - (C[,SM) KiLbv St Britlge Control Low Strength Matcrial - (CLSM) - Othel L,ocations C'lass "4" Conclcte Channel Paving
Subcll'airt
l)ust Ab¡¡tenlsnt
Storn¡n'¿rtcr' ¡¡rrcl Non- Slornrrvatel Pollulion control I09t corttingr:ncv
Conrplete renroval ol'o<¡¡lcrete b-v hand. M¿urr¡al a¡tcl nlechanical conr¡raction of nratclinl i¡r voiclecl areas r'r'ound subdraiu to rerrrain irt ¡rlace.
I
I
I
489
297
aa
8 108
800
I
I
0 0
0 0
0 0
0 0
0 0
0 0
I
I
l
489
297
"1)
tì
108
800
I
I
12.000.00
5,000.00
3.000.00
65.00 7 5.00
3 50.00
4 50.00
300.00
6.00 1,000.00
2.500 00
10.00q o
37.300 00
12.00().00
-i.(xx).0()
.ì,000 00
31.7tì.5.00
2?-.21i.0û
25.200.00
.ì.ó0().00
32,4 00.00
.r.800.00
.1.00(ì.00
2.500.0()
I4 i.560.00
l.r.5.t(i.00
l(r0. 1l(i.00
.37.300.00
Plcase rcnrit to above addloss. I 1/2o.to per luo¡rth late chat'ge on t>alances over'30 <[ays past c'h¡ e. Total s197.4 I(;.00
Payments/Credits f;0.0()
Balancg Dug $;re7.4 r(; oo
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jan 11 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Steve Loriso, City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving A Service Agreement by and Between the County of Riverside and the City of Hemet for Columbia Street, Newport Road, and Domenigoni Parkway Slurry Seal Improvements; and Authorize the Finance Director to Deposit with the County of Riverside $274,325 (Including Contingencies) for the Administration, Construction of Improvements and Inspection and Testing; and Authorize the City Manager to Execute all Contract Documents
RECOMMENDED ACTION:
It is respectfully requested that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving A Service Agreement by and Between the County of Riverside and the City of Hemet for Columbia Street, Newport Road, and Domenigoni Parkway Slurry Seal Improvements; and Authorize the Finance Director to Deposit with the County of Riverside $274,325 (Including Contingencies) for the Administration, Construction of Improvements and Inspection and Testing; and Author ize the City Manager to Execute all Contract Documents.
BACKGROUND:
The Riverside County Transportation Department (RCTD) recently contacted Hemet Engineering Department staff regarding a proposed slurry seal project. The slurry seal project would cove r City of Hemet portions of:
• Newport Road (State Street to the west end of Newport Road) • Columbia Street (Florida Avenue to approximately 1,000 feet south of Florida Avenue) • Domenigoni Parkway (west City limits to approximately Alamar Mesa Drive) As the boundary between the two agencies is along the centerline of these three street segments, RCTD staff is proposing a joint project between the two agencies.
ANALYSIS:
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Columbia Street is classified as a "secondary" street connecting Florida Avenue to residential areas; Newport Road is classified as a local street connecting residential areas at the south end of the City with State Street and Domenigoni Parkway as an "arterial." In an effort to provide a consistent roadway rehabilitation for the traveling public, the County of Riverside (County) is proposing to slurry seal the entirety of the identified streets.
The County recently completed the preparation of improvements and bidding of the project and is ready to award the construction contract to American Asphalt South, Inc. The County provided an estimated cost for work within the City's limits of $274,325, which includes the City's portion of the design, construction management, and inspection services, as well as the construction of the improvements and a 10% construction contingency.
Project Task City Cost
Construction Cost Estimate $219,460
Construction Contingency $21,946
Riverside County Administration, Inspection and
Testing
$32,919
Total Hemet Project Costs $274,325
Per the proposed agreement, the County will provide a reconciliation of project expenses within 90 days following completion and acceptance of the construc tion contract. If final costs associated with the project are less than the deposit provided, the County shall provide reimbursement for the difference; conversely, if the final costs associated with the project are in excess of the deposit provided, a final bill will be provided to the City.
Per the City Council's direction, the sections of Columbia Street, Newport Road, and Domenigoni Parkway within the City of Hemet were included within the current Fiscal Year Capital Improvement Program as a project to be funded by Measure "A" proceeds.
The County is currently anticipating the construction of this project to occur in early 2022. The City Attorney has approved the agreement as to form.
PREVIOUS COUNCIL ACTION:
December 14, 2021 - City Council directed staff to partner with the County of Riverside on this project.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Enhance the visual appearance of the community to make it attractive and reduce blight through continual rehabilitation of City infrastructure.
FISCAL IMPACT:
Funding for this project is identified in the City of Hemet's Measure "A" allocation.
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There is no General Fund impact associated with this action.
ALTERNATIVE(S):
1. Do not approve the Service Agreement by and between the County of Riverside and the City of Hemet.
2. Provide alternate directions to staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1: Resolution - 01122022_service agreement
Attachment 2: Agreement - County City of Hemet Service Agreement 121421 Attachment 3: Bids - SSeal.CRamps.FY21-22.Dist.3.BidOpen.102721.Cover.BidSummary.Subs
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CITY COUNCIL RESOLUTION NO. 2022-xxx
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE
CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA,
APPROVING A SERVICE
AGREEMENT BY AND
BETWEEN THE COUNTY OF
RIVERSIDE AND THE CITY
OF HEMET FOR COLUMBIA
STREET, NEWPORT ROAD,
AND DOMENIGONI
PARKWAY SLURRY SEAL
IMPROVEMENTS; AND
AUTHORIZE THE FINANCE
DIRECTOR TO DEPOSIT
WITH THE COUNTY OF
RIVERSIDE $274,325
(INCLUDING
CONTINGENCIES) FOR THE
ADMINISTRATION,
CONSTRUCTION OF
IMPROVEMENTS AND
INSPECTION AND TESTING;
AND AUTHORIZE THE CITY
MANAGER TO EXECUTE
ALL CONTRACT
DOCUMENTS
WHEREAS, the City of Hemet Engineering
Department is responsible for street infrastructure
projects that include reconstruction, rehabilitation, and resurfacing of pavement for approximately 300 miles
of City streets; and
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CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, the County of Riverside currently
has a Slurry Seal Project along segments of Columbia
Street, Newport Road, and Domenigoni Parkway,
which excludes work outside of the County of
Riverside’s jurisdiction (Project);
WHEREAS, the Project coincides with City of
Hemet limits:
•Newport Road (State Street to the west
end of Newport Road)
•Columbia Street (Florida Avenue to
approximately 1,000 feet south of Florida
Avenue)
•Domenigoni Parkway (west City limits to
approximately Alamar Mesa Drive); and
WHEREAS, the County of Riverside will be the
lead agency on behalf of the City of Hemet for the
overall development and implementation of the
Project; and
WHEREAS, staff recommends the City Council
approve the Service Agreement by and between the
County of Riverside and the City of Hemet for
Columbia Street, Newport Road, and Domenigoni
Parkway; and
WHEREAS, staff recommends the City Council
Authorize the Finance Director to deposit with the
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CITY COUNCIL RESOLUTION NO. 2022-xxx
County of Riverside $274,325 (inclusive of all
construction contingencies) for the Administration,
Construction of Improvements, and Inspection and
Testing;
WHEREAS, staff recommends the City Council
Authorize the City Manager to execute all contract
documents.
NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:
1. Approve Service Agreement by
and between the County of
Riverside and the City of Hemet for
Columbia Street, Newport Road,
and Domenigoni Parkway; and
2. Authorize the Finance Director to
deposit with the County of Riverside
$274,325 (inclusive of all
construction contingencies) for the
Administration, Construction of
Improvements, and Inspection and
Testing; and
3.Authorize the City Manager to
execute all contract documents.
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CITY COUNCIL RESOLUTION NO. 2022-xxx
PASSED, APPROVED AND ADOPTED this
11th day of January 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of
Hemet, do hereby certify that the foregoing resolution
was adopted by the Hemet City Council on the 11 th
day of January 2022, and was passed by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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Columbia Street, Newport Road, and Domenigoni Parkway Slurry Seal Improvements County of Riverside & City of Hemet Service Agreement 1 1 2
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29 SERVICE AGREEMENT BY AND BETWEEN
COUNTY OF RIVERSIDE
AND
CITY OF HEMET
FOR
COLUMBIA STREET, NEWPORT ROAD, AND
DOMENIGONI PARKWAY SLURRY SEAL IMPROVEMENTS
This Agreement is entered into this ______ day of ______________________, 2022, by and between the County of Riverside, a political subdivision of the State of California, on behalf of its Transportation Department (hereinafter "COUNTY") and the City of Hemet, a municipal corporation, (hereinafter “CITY”) for slurry seal improvements located within the jurisdictional boundaries of CITY. The COUNTY and CITY are sometimes hereinafter referred to individually as a “PARTY” and collectively as the “PARTIES”.
RECITALS
A. WHEREAS, CITY has determined to seal the existing asphalt surface on Columbia Street from SH-74 to 963’ S SH-74 (approximately 963 linear feet by 23 feet wide), Newport Road from 1,639’ W State Street to State Street (approximately 1,639 linear feet by 12 feet wide), and Domenigoni Parkway from 11,187’ E SH-79 to 4,437’ E Warren Road (approximately 9,289 linear feet by 62 to74 feet wide) in the Hemet area of Riverside County (“CITY PROJECT”).
B. WHEREAS, CITY has determined that it requires construction services to place surface seal on Columbia Street, Newport Road, and Domenigoni Parkway as shown in Exhibit A and that a slurry seal will be applied that consists of the application of a mixture of water, asphalt emulsion, aggregate, and chemical additives to an existing asphalt concrete pavement surface.
C. WHEREAS, COUNTY is fully qualified to administer the work that includes traffic control, rout and seal random cracks, replacement of any pavement markings, including cross walks, striping and raised pavement markers.
D. WHEREAS, COUNTY has slurry seal improvement projects within the jurisdictional boundaries of
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29 COUNTY, which slurry seal improvement projects are sometimes hereinafter referred to collectively as “COUNTY PROJECT”.
E. WHEREAS, CITY will benefit from the cost savings associated with a larger improvement project, and CITY desires to work with the COUNTY to construct the CITY PROJECT, together with the COUNTY PROJECT since COUNTY has extensive experience in the development and implementation of similar type projects.
F. WHEREAS, COUNTY will therefore provide the administrative, technical, managerial, and support services necessary for the implementation of the CITY PROJECT as part of the COUNTY PROJECT.
G. WHEREAS, COUNTY and CITY desire to define herein the terms and conditions under which said CITY PROJECT is to be administered, engineered, coordinated, and constructed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as follows:
SECTION 1 • COUNTY AGREES to:
1. Act as the lead agency on behalf of the CITY for the overall implementation of the CITY PROJECT. The COUNTY is providing services on a reimbursable basis and has no obligation to fund any portion of the CITY PROJECT. Nothing in this Agreement is intended to commit the COUNTY to provide replacement funding for or to continue with the CITY PROJECT, if funds are not available.
2. Furnish CITY with detailed Plans, Specifications & Estimate (PS&E) documents for the CITY PROJECT.
Final plans for improvements are prepared to COUNTY standards, and signed by a Civil Engineer registered in the State of California. Deviations from standards shall be coordinated with and approved by CITY. COUNTY shall not begin construction within CITY until CITY has approved the CITY PROJECT portion of the PS&E documents, which approval shall not be unreasonably withheld.
3. Act as the Lead Agency under the California Environmental Quality Act (CEQA) for the COUNTY PROJECT. The CITY will prepare and approve CEQA clearance for the CITY PROJECT.
4. Direct COUNTY’s contractor to identify any existing surface utility facilities within the limits of the CITY PROJECT and to protect the facilities as detailed in the Special Provisions of the PS&E.
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29 5. Direct COUNTY’s contractor to make written application to CITY for an encroachment permit authorizing entry into CITY right of way for the purposes of constructing COUNTY PROJECT and CITY PROJECT.
6. Advertise, award, and administer a public works contract for the construction of the COUNTY PROJECT and the CITY PROJECT in accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code, and in accordance with the encroachment permits issued by CITY.
7. Furnish a representative to perform the function of Resident Engineer during construction of CITY PROJECT.
8. Furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as-built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents.
9. Construct the CITY PROJECT in accordance with approved PS&E documents.
10. Submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for CITY PROJECT improvements to CITY for review and approval prior to final authorization by COUNTY. If any contract change order causes the construction contract to change by less than 10% of the bid amount for CITY PROJECT, COUNTY is authorized by CITY approval of this Agreement to move forward with such change.
11. Furnish CITY a final reconciliation of CITY PROJECT expenses within ninety (90) days following the completion and acceptance of the COUNTY PROJECT and CITY PROJECT construction contract. If final costs associated with the CITY PROJECT are in excess of the Deposit provided in Section 2, COUNTY shall include a final bill with the financial reconciliation. If final costs associated with the CITY PROJECT are less than the Deposit provided in Section 2, COUNTY shall include a reimbursement for the difference with the financial reconciliation.
12. Provide CITY one complete set of reproducible as-built plans and all contract documents including
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29 calculations, estimates, and other documents produced as part of this contract within ninety (90) days after completion and acceptance of the CITY PROJECT.
SECTION 2 • CITY AGREES to:
1. Fund one hundred percent (100%) of the cost of the CITY PROJECT, as shown in Exhibit “B”. CITY agrees that should unforeseen circumstances arise which result in an increase of any costs over those shown in Exhibit “B”, CITY will pay such costs pursuant to Subsection 10 and Subsection 11 of Section 1.
2. Deposit with COUNTY, prior to COUNTY start of work and upon written request by COUNTY, two hundred seventy-four thousand three hundred twenty-five dollars and zero cents ($274,325.00) (the “Deposit”), which represents one hundred percent (100%) of the costs to complete construction including construction administration, inspection and materials testing and contingency for CITY PROJECT, as provided in Exhibit “B”.
3. Prepare and approve CEQA clearance for the CITY PROJECT.
4. Issue, at no cost to COUNTY or its contractor, upon proper application by COUNTY or COUNTY‘s contractor, an encroachment permit authorizing entry onto CITY right-of-way to complete construction, including traffic control, construction survey, inspection and materials testing for the COUNTY PROJECT and CITY PROJECT.
5. Provide at no cost to the COUNTY, oversight of the CITY PROJECT, to provide prompt reviews and approvals, as appropriate, of submittals by COUNTY, and to cooperate in timely processing of the CITY PROJECT.
6. Provide at no cost to COUNTY, a representative to coordinate and assist the COUNTY Resident Engineer during the construction of the CITY PROJECT and to verify facilities are constructed as required by this Agreement.
7. Pay COUNTY for any final costs associated with the CITY PROJECT that are in excess of the Deposit as determined pursuant to Subsection 11 of Section 1.
SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS:
1. If upon opening of bids for construction of the CITY PROJECT the bids indicate a cost overrun of no more than ten percent (10%) of the construction cost estimate will occur, as described in Exhibit “B”, COUNTY
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29 may award the contract.
2. If upon opening of bids it is found that a cost overrun exceeding ten percent (10%) of the construction cost estimate will occur, COUNTY and CITY shall endeavor to agree upon an alternative course of action.
If, after fourteen (14) calendar days from the date of bid opening, an alternative course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent. COUNTY shall reimburse CITY within forty-five (45) days of termination.
3. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the CITY PROJECT will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of CITY PROJECT, or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the CITY PROJECT, if funds are no longer available. In the event that adequate funds are not available to move forward or to complete CITY PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for CITY PROJECT.
4. The total cost to CITY to complete construction, including construction administration, inspection and materials testing and a ten percent (10%) contingency for CITY PROJECT is estimated to be two hundred seventy-four thousand three hundred twenty-five dollars and zero cents ($274,325.00) as detailed in Exhibit “B”.
5. COUNTY shall not be obligated to commence the CITY PROJECT until after receipt of CITY's Deposit as required in Section 2.
6. Construction by COUNTY of improvements for CITY PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY.
7. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the slurry seal improvements, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured.
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29 COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance.
COUNTY shall cause COUNTY’s contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction.
8. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership.
9. CITY shall be responsible for the maintenance of the improvements provided by CITY PROJECT within CITY right of way except as specified in this Agreement or future agreements.
10. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by all PARTIES and no oral understanding or agreement not incorporated herein shall be binding on each PARTY hereto.
11. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.
12. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any act or omission of COUNTY under or in connection with any work, authority or jurisdiction delegated to COUNTY under this Agreement.
13. In the event that CITY defaults in the performance of any of its obligations under this Agreement or materially breaches any of the provisions of this Agreement, the COUNTY shall have the option to
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29 terminate this Agreement upon ninety (90) days written notice to CITY.
14. CITY and COUNTY shall retain or cause to be retained for audit, all records and accounts relating to the CITY PROJECT for a period of minimum three (3) years from the date of Notice of Completion of the CITY PROJECT.
15. This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each PARTY to this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The PARTIES further agree that the electronic signatures of the PARTIES included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the PARTY using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the PARTIES. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
16. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate:
COUNTY: CITY:
Riverside County Transportation Department City of Hemet Attn: Mark Lancaster Attn: Steve Loriso
Director of Transportation Acting City Engineer
4080 Lemon Street, 8th Floor 510 E Florida Avenue
Riverside, CA 92501 Hemet, CA 92543
Phone: (951) 955-6740 Phone: (951) 765-2362
14.H
Columbia Street, Newport Road, and Domenigoni Parkway Slurry Seal Improvements County of Riverside & City of Hemet Service Agreement 8 1 2
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29 [Signature Page Follows]
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Columbia Street, Newport Road, and Domenigoni Parkway Slurry Seal Improvements County of Riverside & City of Hemet Service Agreement 9 1 2
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29 APPROVALS
COUNTY Approvals
RECOMMENDED FOR APPROVAL:
MARK LANCASTER
Director of Transportation
APPROVED AS TO FORM:
GREGORY P. PRIAMOS, COUNTY COUNSEL
By______________________________________
DANIELLE MALAND
Deputy County Counsel
APPROVAL BY THE BOARD OF SUPERVISORS
_______________________________________
KAREN SPIEGEL
PRINTED NAME
Chair, Riverside County Board of Supervisors
ATTEST:
_______________________________________
KECIA R. HARPER
Clerk of the Board (SEAL)
CITY OF HEMET Approvals
APPROVED BY:
_____________________________________
PRINTED NAME
City Manager
APPROVED AS TO FORM:
_____________________________________
PRINTED NAME
City Attorney
ATTEST:
_____________________________________
PRINTED NAME
City Clerk
14.H
Columbia Street, Newport Road, and Domenigoni Parkway Slurry Seal Improvements County of Riverside & City of Hemet Service Agreement 10 1 2
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29 EXHIBIT A
VICINITY/CITY PROJECT MAP
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Columbia Street, Newport Road, and Domenigoni Parkway Slurry Seal Improvements County of Riverside & City of Hemet Service Agreement 11 1 2
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Columbia Street, Newport Road, and Domenigoni Parkway Slurry Seal Improvements County of Riverside & City of Hemet Service Agreement 12 1 2
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29 EXHIBIT B
CITY PROJECT BUDGET
ESTIMATED COSTS:
TASK COSTS
Construction $219,460.00
Contingency (10%) $21,946.00
Administration, Inspection & Testing (15%) $32,919.00
TOTAL COST $274,325.00
14.H
Riverside County Transportation Department PROJECT:Slurry Seal and Curb Ramp Accessibility Project Summary of Bids For Fiscal Year 2021 - 2022
District 3
Advertised: September 28, 2021 (Agenda Item: 3.22)
Addenda: 1 (10/15/2021), 2 (10/18/2021)
Bids Open: 2 pm Date: Wednesday, October 27, 2021 Project No. D2-0008, D2-0013 Company Name Project
Total
COUNTY'S ESTIMATE $4,477,931.50
1 American Asphalt South, Inc. $4,521,149.80
2 Pavement Coatings Co. $4,590,624.50
3 All American Asphalt $4,924,231.87
4 VSS International, Inc. $5,085,120.00
5 Roy Allan Slurry Seal, Inc. $5,128,676.57
Average Bid Prices $4,849,960.55$3,847,040.23 $20,633.51
ALTERNATIVE BID
SCHEDULE 1.A
Curb Ramps at
Signalized Intersections
159,730.00
281,300.00
269,462.00
277,903.29
238,000.00
295,440.00
$272,421.06
4,072,047.55
ALTERNATIVE BID
SCHEDULE 3
City of San Jacinto
Portion
15,229.50
19,471.00
24,083.40
23,000.00
16,098.80
20,514.35
3,976,293.12
4,024,120.00
BASE BID SCHEDULE
Slurry Seal Project
3,640,169.50
3,522,931.00
3,639,809.50
509,000.00
475,208.00
291,000.00
265,466.67
$455,230.71
ALTERNATIVE BID
SCHEDULE 1
Curb Ramp
Accessibility Project
400,000.00
481,360.00
433,720.00
376,865.56
$254,635.03
ALTERNATIVE BID
SCHEDULE 2
City of Hemet
Portion
262,802.50
219,460.00
228,162.00
269,086.50
SSeal.CRamps.FY21-22.Dist.3(D2-0008, 13): Web-Summary.SubTotals Updated: 10/27/21 Page 1 of 1
14.H
Riverside County Transportation Department PROJECT:
Summary of Bids
Advertised: September 28, 2021 (Agenda Item: 3.22)
Addenda: 1 (10/15/2021), 2 (10/18/2021)
Bids Open: 2 pm Date: Wednesday, October 27, 2021
BASE BID SCHEDULE - Slurry Seal Project
ITEM NO. ITEM CODE CONTRACT ITEM LIKE BID
ITEMS UNITS QUANTITY UNIT PRICE ENG ESTIMATE BID UNIT PRICE BID ESTIMATE 1 374207 CRACK TREATMENT
(ROUT AND SEAL RANDOM CRACKS) ------- LS 1 297,500.00 297,500.00 409,450.00 409,450.00 2 150716 REMOVE PAINTED TRAFFIC STRIPE, PAVEMENT MARKING, AND PAVEMENT MARKERS ------- LS 1 29,340.00 29,340.00 82,500.00 82,500.00 3 128650 PORTABLE CHANGEABLE MESSAGE SIGN ------- EA 2 5,000.00 10,000.00 3,500.00 7,000.00 4 375001 SCREENINGS ------- SQYD 302,770 2.35 711,509.50 2.50 756,925.00 5 377501 SLURRY SEAL [TYPE 1] Like 1 TON 6,343 240.00 1,522,320.00 212.00 1,344,716.00 6 377501 SLURRY SEAL [TYPE 2] Like 2 TON 318 240.00 76,320.00 225.00 71,550.00 7 378000 MICROSURFACING 2 Like 3 TON 3,110 240.00 746,400.00 187.00 581,570.00 8 840519(F) THERMOPLASTIC CROSSWALK AND PAVEMENT MARKING Like 4 SQFT 11,220 4.00 44,880.00 5.00 56,100.00 9 840656(F) PAINT TRAFFIC STRIPE (2-COAT) Like 5 LF 113,000 0.35 39,550.00 0.44 49,720.00 10 850102(F) PAVEMENT MARKER (REFLECTIVE) Like 6 EA 2,100 3.50 7,350.00 4.00 8,400.00 11 010602 MISCELLANEOUS DIRECTED WORK ------- FA 1 150,000.00 150,000.00 150,000.00 150,000.00 12 010601 OBTAIN ENCROACHMENT PERMIT ------- FA 1 5,000.00 5,000.00 5,000.00 5,000.00
BASE BID SCH - SUB-TOTAL
ITEMS 1 - 12 3,640,169.50 3,522,931.00
ALTERNATIVE BID SCHEDULE 1 - Curb Ramp Accessibility Project ITEM NO. ITEM CODE CONTRACT ITEM LIKE BID
ITEMS UNITS QUANTITY UNIT PRICE ENG ESTIMATE BID UNIT PRICE BID ESTIMATE 13 150769 REMOVE ASPHALT CONCRETE ------- SQYD 170 200.00 34,000.00 220.00 37,400.00 14 390130 HOT MIX ASPHALT ------- TON 60 550.00 33,000.00 440.00 26,400.00 15 017315 MINOR CONCRETE (CURB RAMP) (CRS 403 - CASE A) -------EA 39 5,000.00 195,000.00 7,150.00 278,850.00 Riverside, CA 92509
Slurry Seal and Curb Ramp Accessibility Project
For Fiscal Year 2021 - 2022
District 3
COUNTY'S ESTIMATE
1 American Asphalt South, Inc.
Project No. D2-0008, D2-0013
SSeal.CRamps.FY21-22.Dist.3(D2-0008, 13): Summary Web
Updated: 10/27/2021 Page 1 of 9
14.H
Riverside County Transportation Department PROJECT:
Summary of Bids
Advertised: September 28, 2021 (Agenda Item: 3.22)
Addenda: 1 (10/15/2021), 2 (10/18/2021)
Bids Open: 2 pm Date: Wednesday, October 27, 2021
Slurry Seal and Curb Ramp Accessibility Project
For Fiscal Year 2021 - 2022
District 3
Project No. D2-0008, D2-0013
ALTERNATIVE BID SCHEDULE 1 - Curb Ramp Accessibility Project (continued) ITEM NO. ITEM CODE CONTRACT ITEM LIKE BID
ITEMS UNITS QUANTITY UNIT PRICE ENG ESTIMATE BID UNIT PRICE BID ESTIMATE 16 017316 MINOR CONCRETE (CURB RAMP) (CRS 403 - CASE B) -------EA 5 5,000.00 25,000.00 7,150.00 35,750.00 17 731504 MINOR CONCRETE (CURB AND GUTTER) ------- LF 260 50.00 13,000.00 88.00 22,880.00 18 017303 MINOR CONCRETE (SPANDREL) (CRS 209) ------- SQFT 1,360 50.00 68,000.00 33.00 44,880.00 19 731656 CURB RAMP DETECTABLE WARNING SURFACE ------- EA 32 1,000.00 32,000.00 1,100.00 35,200.00 ALT BID SCH 1 - SUB-TOTAL
ITEMS 13 - 19 400,000.00 481,360.00
ALTERNATIVE BID SCHEDULE 1.A - Curb Ramps at Signalized Intersections ITEM NO. ITEM CODE CONTRACT ITEM LIKE BID
ITEMS UNITS QUANTITY UNIT PRICE ENG ESTIMATE BID UNIT PRICE BID ESTIMATE
19.A 190101 ROADWAY EXCAVATION ------- CY 46 200.00 9,200.00 440.00 20,240.00
19.B 260203 CLASS 2 AGGREGATE BASE ------- CY 20 160.00 3,200.00 583.00 11,660.00
19.C 390130 HOT MIX ASPHALT ------- TON 53 550.00 29,150.00 440.00 23,320.00
19.D 017315 MINOR CONCRETE (CURB RAMP) (CRS 403 - CASE A) -------EA 5 5,000.00 25,000.00 7,150.00 35,750.00
19.E 017316 MINOR CONCRETE (CURB RAMP) (CRS 403 - CASE B)------- EA 4 5,000.00 20,000.00 7,150.00 28,600.00
19.F 731623 MINOR CONCRETE (CURB RAMP)
(CALTRANS RSP A88A-CASE A) MODIFIED ------- EA 11 5,000.00 55,000.00 8,250.00 90,750.00
19.G 731521 MINOR CONCRETE (SIDEWALK) ------- SQYD 34 20.00 680.00 220.00 7,480.00
19.H 870400 SIGNAL AND LIGHTING SYSTEM ------- LS 1 17,500.00 17,500.00 63,500.00 63,500.00 ALT BID SCH 1.A - SUB-TOTAL
ITEMS 19.A - 19.H 159,730.00 281,300.00
1 COUNTY'S ESTIMATE American Asphalt South, Inc.
Riverside, CA 92509
SSeal.CRamps.FY21-22.Dist.3(D2-0008, 13): Summary Web
Updated: 10/27/2021 Page 2 of 9
14.H
Riverside County Transportation Department PROJECT:
Summary of Bids
Advertised: September 28, 2021 (Agenda Item: 3.22)
Addenda: 1 (10/15/2021), 2 (10/18/2021)
Bids Open: 2 pm Date: Wednesday, October 27, 2021
Slurry Seal and Curb Ramp Accessibility Project
For Fiscal Year 2021 - 2022
District 3
Project No. D2-0008, D2-0013
ALTERNATIVE BID SCHEDULE 2 - City of Hemet Portion
ITEM NO. ITEM CODE CONTRACT ITEM LIKE BID
ITEMS UNITS QUANTITY UNIT PRICE ENG ESTIMATE BID UNIT PRICE BID ESTIMATE 20 374207 CRACK TREATMENT
(ROUT AND SEAL RANDOM CRACKS) ------- LS 1 37,300.00 37,300.00 32,325.00 32,325.00 21 150716 REMOVE PAINTED TRAFFIC STRIPE, PAVEMENT MARKING, AND PAVEMENT MARKERS ------- LS 1 10,800.00 10,800.00 11,825.00 11,825.00 22 377501 SLURRY SEAL [TYPE 1] Like 1 TON 13 240.00 3,120.00 212.00 2,756.00 23 377501 SLURRY SEAL [TYPE 2] Like 2 TON 22 240.00 5,280.00 225.00 4,950.00 24 378000 MICROSURFACING 2 Like 3 TON 798 240.00 191,520.00 187.00 149,226.00 25 840519(F) THERMOPLASTIC CROSSWALK AND PAVEMENT MARKING Like 4 SQFT 620 4.00 2,480.00 5.00 3,100.00 26 840656(F) PAINT TRAFFIC STRIPE (2-COAT) Like 5 LF 30,450 0.35 10,657.50 0.44 13,398.00 27 850102(F) PAVEMENT MARKER (REFLECTIVE) Like 6 EA 470 3.50 1,645.00 4.00 1,880.00 ALT BID SCH 2 - SUB-TOTAL
ITEMS 20 - 27 262,802.50 219,460.00
ALTERNATIVE BID SCHEDULE 3 - City of San Jacinto Portion ITEM NO. ITEM CODE CONTRACT ITEM LIKE BID
ITEMS UNITS QUANTITY UNIT PRICE ENG ESTIMATE BID UNIT PRICE BID ESTIMATE 28 374207 CRACK TREATMENT
(ROUT AND SEAL RANDOM CRACKS) ------- LS 1 2,900.00 2,900.00 3,500.00 3,500.00 29 150716 REMOVE PAINTED TRAFFIC STRIPE, PAVEMENT MARKING, AND PAVEMENT MARKERS ------- LS 1 1,400.00 1,400.00 2,050.00 2,050.00 30 377501 SLURRY SEAL [TYPE 1] Like 1 TON 35 240.00 8,400.00 212.00 7,420.00 31 840519(F) THERMOPLASTIC CROSSWALK AND PAVEMENT MARKING Like 4 SQFT 250 4.00 1,000.00 5.00 1,250.00 32 840656(F) PAINT TRAFFIC STRIPE (2-COAT) Like 5 LF 3,270 0.35 1,144.50 0.44 1,438.80 33 850102(F) PAVEMENT MARKER (REFLECTIVE) Like 6 EA 110 3.50 385.00 4.00 440.00 ALT BID SCH 3 - SUB-TOTAL
ITEMS 28 - 33 15,229.50 16,098.80
PROJECT TOTAL
ITEMS 1 - 33
Riverside, CA 92509
4,477,931.50
COUNTY'S ESTIMATE American Asphalt South, Inc.
1 4,521,149.80
SSeal.CRamps.FY21-22.Dist.3(D2-0008, 13): Summary Web
Updated: 10/27/2021 Page 3 of 9