Hemet City Council
January 25, 2022

14.B

SECTION 3.

TEAM
kosmont EXpER|ENCE
rm: /1r

CITYOFHEM
ET
Kosmont Realty Sales
On-CallRealEstateBrokerServices
City of Cypress
Description: Kosmont Realty represented City on sale Zoned: Commercial of 1 property Closed: November 2020
Project Location: Orange County
Project Type: Vacant Land(13.29 acres)
(Proposed Mixed Use Project (Hotel, Retail, Residential) King City Successor Agency
Description: Kosmont Realty represented Agency on sale Zoned: Commercial of 1 property Closed: April 2021
Project Location: Monterey County
Project Type: Vacant Land (Hotel/Retail Project)
(4.4 acres)
Hawaiian Gardens Housing Authority
Description: Kosmont Realty represented Authority on Zoned‘ C°mmer°ia' sake of 1 property Closed: April 2021
Project Location: Los Angeles County
Project Type: Vacant Land (Hospitality) (1.25 acres)
Placentia Housing Successor Agency
Description: Kosmont Realty represented Agency on sale Zoned: Residential of 2 properties Closed: August 2018 &
Project Location: Orange County March 2019
Project Type: Vacant Land (5,800 SF &Single-Family
Residence (809 SF)
Norco Successor Agency
Description: Kosmont Realty represented Agency on zoned: |nc|ustria| sale of 1 property. Closed: December 2018
Project Location: Riverside County
Project Type: Vacant Land (Industrial) (3.31 Acres)
(Developed into 200,000 SF Industrial Bldg.)
Glendale Successor Agency
Description: Kosmont Realty represented
Agency on sale of 1 property
Project Location: LosAngeles County
Project Type: Commercial Building (8,300 SF)
Zoned: Commercial
Closed: December 2018

14.B

SECTION 3.

TEAM
/msmont EXpER|ENCE
rrullr

CITYOFHEM
ET
Kosmont Realty Sales continued:

On-CaliRealEstateBrokerServices
Haw_a"_an Gardens Successor Agency Zoned: Residential/
Commercial Description: Kosmont Realty represented Agency dosed: January 2017 to June 2018 on sale of 17 properties
Project Location: Los Angeles County
Project Type: Vacant Land (2,500 sf to 1.25 acres)
Stanton Successor Agency Zoned: Specific Plan Zone with Description: Kosmont Realty represented Agency Genera‘ 'V”Xed'U5e0VeF'3Y/ on 5a|e of 3 properties Residential/Commercial
Project Location: Orange County C/05805Sept 2017 t0 MHY2018 Project Type: Retail & Land (0.65 to 5.0 acres)
Barstow Successor Agency
Description: Kosmont Realty represented Zoned: M-1 Light Industrial Agency on sale of 5 properties Closed: March 2016
Project Location: San Berna rdino County
Project Type: Vacant Land (Industrial) (24.2 acres)
Barstow Successor Agency
Description: Kosmont Realty represented Agency
on sale of 1 property
Project Location: San Bernardino County
Project Type: Vacant Land (Industrial) (7.93 acres)
Zoned: LightIndustrial/
Closed: MarchCommercial 2016
cathedral city Successor Agency Zoned: Residential and Mixed-Use Description: Kosmont Realty represented Agency dosed; 2017 on sale of a multiple parcel Downtown block
Project Location: Riverside County
Project Type: Residential and Mixed-Use
Da|VCitVsuccessorAgencv Zoned: Mixed-Use and Residential Description: Kosmont Realty represented the C/osed; June 2017 and My 2017 Agency on sale of 2 properties
Project Location: San Mateo County
Project Type: Existing building and vacant land
(0.11-0.14 acres)

KOSMONTREALTY
1601 N. Sepulveda Blvd., #382 I Manhattan Beach, CA 90266 I 424.297.1079 wvvvv.kosmontrea|ty.com

14.B

SECTION4.

ADDITIONALSERVICES

CITYOFHEM
kos ont
realty

14.B

O MONT ER E ERVIEW
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uuluumenn kosnmnr kosmon
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SECTION4.

ADDITIONAL SERVICES
Kosmont Realty
9 Certified MBE 0 CA Licensed Real Estate Brokerage Firm — DRE # 02058445 0

CITYOFHEM
ET
really
On-CallRealEstateBrokerService
s

KOSMONTTRANSACTIGISSERVICES

ADWSORV PUBLICFINANCE
" FullService * Integrated * Experienced "
ECONOMICDEVELOPMENT. REALPROPERTYSALES’
REAL PUBLICFINANCEADVISORY ESTATE LEAS|NG,ANDASSET
PROJECT|=mANcE_AND BASEDSERVICES

ANDTRANSACTIONSSERVICES

IMPLEMENTATION STRATEGIES
I Public] Private Transactions I Brokerage (CA DRE# 02058445) SEC I MSRB Registered Municipal Structuring / Negotiation /Entitlements
R IE M k A
Advisor
I t t t I
'
I Developer Selection RFQIP & ENAIDDA
ea 5 8 e at B M V“,
I General Fund Financings . G.O. / COP /L /L b
Project Funding! Financing Strategies Developermuyer sehc?on S 5 ease ease ack . T I tF' ' I TIF.Elms. cRIAs.Housing "F°"° ‘ E"“’°°“ e7E‘o'}°5i'§:71'i °}'HoL'§§7i'§°
E§'i§'i§'$:';’
Sustainability 8.Housin D’ i "ct ,
I Kosmom Rem“ Now;: Is” 8 Gmund Leases
I PublicIPrivate Partnerships (P3)
Trends /Analytics /Rea"-Imam I Zoning 8 Implementation Strategies . pension obngation Bond, Retail Predictive lnte||igence(A.|.) ' Pfr<\>,p<:W(\II;g:I,;=tionI Broker Opinion ' IJ-3:99/lgevfgue Bonds 0 a ue 5 oo e Economic Development Strategies I Plans .Asset Management mam _Utility I Emerpri” Lease Financing‘
I Market& Feasibility Analysis _Assessment ,speciaITaxIcFD - Fiscal Impact I Economic Bene?t Studies
I (o,,,fné2g:ns;,t,§:'§E$,mmemmarkemface) Private Placements

KOSMONTREALTY
1601 N. Sepulveda Blvd., #382 I Manhattan Beach, CA 90266 I 424.297.1079 wvvvv.kosmontrea|ty.com
Kosmont Realty is affiliated with Kosmont Companies ("Kosmont”), a nationally-recognized advisory firm in public-private real estate, economic development and public finance. The interaction between these firms gives KR brokers access to real estate consultants, public sector deal structure experts, and public-private financial advisors. Our multiple roles in the real estate industry have made us highly adaptable and skilled for a wide-array of assignments. For property that must be sold, Kosmont seeks buyers for assets that will best serve the longterm interests of the Client. The chart below represents Kosmont‘s wide-array of services and experience.

PART OF A FULL-SERVICEFAMILYOF COMPANIES

KOSMONTREAL
TY

14.B

SECTION5.

FEESCHEDULE

CITYOFHEM
ET
kos ont
realty

14.B

'5RlI\
SECTION 5. CITYOFHEM
ET
—
On-CallRealEstateBrokerServices
Ifselected, the Kosmont Realty/Lee & Associates Team, would require Client approval and execution of an Exclusiv Authorization to Sell Brokerage Agreement and Schedule of Commissions by and between our Team e and the Client to provide brokerage services, which will include as identified in the City's Scope of Work: "providing marketing materials for selected properties, negotiating with buyers on behalf of the City, coordinating real estate appraisals and real estate transaction closings, and handling all customary activities and services associated with real estate transactions,” as may be mutually agreed upon between our Team and the Client. The following is a summary of the proposed Schedule of Commissions for this assignment:

Vacant Real Property: 6% of the gross sales price or independently appraised value of the parcel or a minimum commission amount as mutually agreed upon between Client and KR,whichever is greater. For a ground lease, 4% of the total base rent for the first thirty (30) years of the term of the lease; or a minimum commission amount as mutually agreed upon between Client and KR,whichever is greater.

Additional Costs: The additional costs needed for these transactions will include escrow fees, title insurance, appraisal, documentary transfer fees, and other typical closing costs. Activities related to subdivision map matters (such as lot line adjustments and Phase I environmental reports) are an additional cost not borne by KR.Property sales may also require specific services that are not provided by KR,and which are contracted for and compensated separately. These potential services include but are not limited to engineering, environmental assessment and remediation, geological, and legal or entitlement services.

KOSMONTREALTY
1601 N. Sepulveda Blvd., #382 I Manhattan Beach, CA 90266 I 424.297.1079 wvvw.kosmontrealty.com

14.B

Additional Expenses
0 char as for Court De osltion Ex ert Witness-ReIatedA earances VFRIA
SECTION5.

On-CallRealEstateBrokerService
s
President $375.00/hour
Senior Managing Director/SeniorAdvisor $305.00/hour
Managing Director $210.00/hour
Senior Director / Senior Project Analyst $195.00/hour
Director/Project Analyst / Project Manager $165.00/hour GIS Mapping/Graphics Service/Research $95.00/hour
Clerical Support $60.00/hour
In addition to professional services (labor fees)
An administrative fee for in-house copy, fax, phone and postage costs will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional service fees incurred; plus Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost.

If Kosmont retains Third Party Vendor(s) for Client (with Client's advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs.

Consultant's attendance or participation at any publicly noticed meeting, whether such participation is in person, digital, video and/ortelephonic (e.g., City Council, Planning Commission, Public Agency Board, other) as requested by Client will be billed at the professional services (hourly) fees as shown on this rate sheet.

Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.

Rates shall remain in effectuntil June 30, 2022.

KOSMONTREALTY
1601 N. Sepulveda Blvd., #382 I Manhattan Beach, CA 90266 I 424.297.1079 wvvw.kosmontrea|ty.com
Compensation for any pre-sale/disposition real estate advisory/technical services requested by the City including but not limited to market analysis, broker opinion of value, real estate transaction structuring, public-private negotiations (e.g., ENA, DDA,DA),preparation of Government Code 52201, 53083, and 33433 reports, Surplus Land Act compliance, and/or project implementation services would be paid in accordance with professional services (hourly) fees at KR’s billing rates as shown below. KR intends to work collaboratively with the City to define/determinea proposed scope and budget for these services as may be requested and mutually agreed upon between the City and KR.

Professional ?o_ur|y Services
KOSMONTREALTY— PROPOSEDCOSTSTRUCTURE- REALESTATETECHNICAUADVISORYSERVICES

14.B

SECTION6.

REFERENCES
RealEstateBrokerSen/

CITYOFHEME
T
kos ont
realty

14.B

[email protected]
ehernandez@|1nwood.ca.us
ra I1 ressca.or
k 0 s m 0 n t
I't‘iIHl‘
Cityof Piacentia
&Placentia Housing
Successor Agency
(HSA)
Hawaiian Gardens
Successor Agency
Cityof Cypress
SECTION 6.

REFERENCE
S
On-CallRealEstateBrokerSenrice
s
Complete project descriptions forthe beIow—mentionedreferenceassignments may be foundin Section 3. title Interest and Firm Experience.

Reference: Damien Arrula, City Administrator
City of Placentia, 401 East Chapman Avenue, Placentia, CA92870 (714) 745-5615 /
KRTeam: Larry J. Kosmont and Brian Moncrief
Assignment: Real Estate Brokerage and Downtown Revitalization Reference: Ernie Hernandez, City Manager
Former City Manager for City of Hawaiian Gardens
21815 Pioneer Blvd, Hawaiian Gardens, CA90716
Current City Manager for City of Lynwood
(310) 603-0220 (ext. 200) /
KRTeam: Larry J. Kosmont and Brian Moncrief
Assignment: Real Estate Brokerage and Advisory Services Reference: Peter Grant, City Manager
City of Cypress, 5275 Orange Avenue, Cypress, CA90630
(714) 229-6680 /
KRTeam: Larry J. Kosmont and Brian Moncrief
Assignment: Real Estate Brokerage and Advisory Services

KOSMONTREALTY
1601 N. Sepulveda Blvd., #382 I Manhattan Beach, CA 90266 I 424.297.1079 wvvw.kosmontrea|ty.com

14.B

-W
City of Menifee
Donahue Schriber
(Shopping Ctr. REIT)
Regency Centers
(Shopping Ctr. REIT)
SECTION 6.

REFERENCE
S
On-CallRealEstateBrokerService
s
Reference: Gina Gonzales, Economic Development Director City of Menifee, 29844 Haun Road, Menifee, CA92586
(951) 751-6872 /
Reference: Chris Elliot, VP of Leasing &Acquisitions
(714) 966-6483 /
Reference: Chris Sanchez, Senior Leasing Agent
(858) 847-4631 /

KOSMONTREALTY
1601 N. Sepulveda Blvd., #382 I Manhattan Beach, CA 90266 I 424.297.1079 wvvw.kosmontrea|ty.com
ggonza|[email protected]
[email protected]

14.B

SECTION7.

INSURANCEREQUIREMENT
S

CITYOFHEM
kos ont
realty

14.B

/3
AC ORD
LX
Eé.N.=) I
.nn..'kss:rick@ins|Iran:z-Acmcom |

COVERAGES REVISION
PROJECT
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(En nm4den|) mv
AUYUS
FROFERTV mamas: AUYOS (Poi mm...u)

CERTIFICATE HOLDER CANCELLATION
DATE (MM/DDIYYYY) CERTIFICATE OF LIABILITYINSURANCE 10,8002, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the po|icy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION ls WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementls). PRODUCER Rick Powell Rick PowellInsurance Agency, LLC I"A'I2;"_",f°_ Ex". (818) 861-7440 3500 West Olive Ave. Suite 300
INSURER(S) AFFORDING COVERAGE NAIC# Burbank CA 91505 INSURER A: SCOTTSDALE IND CO 15580 “SURE” INSURER B: Kosmont Real Estate Services dba Kosmont Realty msuRER c ; I230 ROSECRANS AVE |NsuRER D;
INSURER E : MANHATTAN BEACH CA 90266-2477 msuRER F ; CERTIFICATE NUMBER: NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANYREQUIREMENT, TERM OR CONDITION OF ANYCONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'I.‘?'2‘ TYPE OF INSURANCE msn I753 PoLIcY uumaen am/“:5‘6Iv?r?r§/I u'i‘u’u“:'a‘:5IvWx'n LIMITS COMMERCIALGENERAL LIABILITY

AUTOMOBILE LIABILITY
AUTO

UMBRELLA LIAB

EXCESS LIAB
DED
YIN
N/A
Errors and Omissions EKI338-7600
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (ACORD101. Addltlonal Remarks Schedule. may be attached Ifmore space is required)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITHTHE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE RI.lJ< Powc/Lb
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016I03) The ACORD name and logo are registered marks of ACORD

CLAIMS-MADE OCCUR
GEN‘LAGGREGATE LIMITAPPLIES PER:

POLICY 3 B LOC OTHER:

OWNED SCHEDULED

ONLY AUTOS HIRED NON-OWNED

ONLY AUTOS ONLY
OCCUR
CLAIMS-MADE RETENTION$ NORKERS COMPENSATION ANDEMPLOYERS‘ LIABILITY

ANYPROPRIETOR/PARTNERIEXECUTIVE
JFFICERIMEMBER EXCLUDED? Mandatory in NH)
fyes, describe under DESCRIPTIONOF OPERATIONS below
07/03/2021 07/03/2022

EACH OCCURRENCE
unlvmurz Iu ru:N I cu PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL E:ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
BODILYINJURY (Per person) BODILYINJURY(Per accident)

EACH OCCURRENCE AGGREGATE
I"I:K U I H- STATUTE ER

E L EACH ACCIDENT
E L. DISEASE - EA EMPLOYEE
E L. DISEASE - POLICY LIMIT Per Claim
Aggregate
1,000,
000 1,000,000
$$$$$$$$$$$$ $

14.B

E92
it
J
Unden/vritten by: Scottsdale lndem nity Company
Home Office: One NationwidePlaza - Columbus, Ohio 43215 AdministrativeOffice: 8877 North Gainey Center Drive - Scottsdale, Arizona 85258 1-800-423-7675 - A Stock Company

BUSINESS AND MANAGEMENTINDEMNTY POL CY DECLARATIONS

THE LIABILITYCOVERAGE SECTIONS OF THIS POLICY, OTHER THANGENERAL LIABILITY,WHICHEVERARE APPLICABLE, COVER

ONLY CLAIMS FIRST MADEAGAINST THE INSURED DURING THE POLICY PERIOD OR, IF ELECTED, THE DISCOVERY PERIOD AND REPORTED TO THE INSURER PURSUANT TO THE TERMS OF THE RELEVANTCOVERAGE SECTION. THE AMOUNTS INCURRED TO

DEFEND A CLAIM REDUCE THE APPLICABLE LIMITOF LIABILITYAND ARE SUBJECT TO THE APPLICABLE RETENTION OR DEDUCTIBLE. PLEASE READTHIS POLICY CAREFULLY.

TERMS THATAPPEAR INBOLDFACE TYPE HAVE SPECIAL MEANING.PLEASE REFER TO THE APPROPRIATE DEFINITIONS SECTIONS OF THIS POLICY.

Item 1 Parent KosmontReal Estate Services dba Kosmont Policy No: EKl3387600 g¢"v|T:Fi:;';Y R933)’
_ Agent No: 29406
Address:
1230 Rosecrans Avenue, Suite 630 Renewai No; EKB337937
Manhattan Beach CA 90266 Agent Name E_Risk Services, LLC 8‘Ma"I“9 Northwest Professional Center
Add'°SS5 227 US Hwy 206
Suite 302
Flanders, NJ 07836-9174
Principal Address, ifdifferent from mailing address:

Item 2 Policy Period: From 7/3/2021 to
12:01 A.M. local time at PrincipalAddress shown above.

Item 3. Coverage Section and Limitof Liability
Miscellaneous Professional Services Coverage Section

1. Limitof Liability:
a. $1,000,000 each claim for this Coverage Section
b. $1 ,000,000 in the aggregate forthis Coverage Section

2. Additional Coverd Expenses Limitof Liability:
a. $500 per day all Additional Covered Expenses for each Insured b. $10,000 in the aggregate all Additional Covered Expenses for all insureds

3. Retention $15,000 each Claim

4. Retroactive Date: 4/26/2018

5. Continuity Date: 7/§/2019
Item 4. Premium
Item 5. Discovery Period options:

1. One (1) year= 100% ofthe premium

2. Two (2) years = 150% of the premium

3. Three (3) years = 200% of the premium
As provided in Section H. ofthe General Terms and Conditions, only one ofthe above Discovery Period options may be elected and purchased.

Item 6. Forms and Endorsements Effective at Inception of Policy:

EKI-D-5 (11/16), NOTXOO15CA(02/00), EKI-1A(06/13), EKl—P-5(06/13), EKI-1575 (10/14), EKI—1208(06/13), EKI-1573 (10/14), EKI-1289 (6-13), EKI-1291 (06/13), EKI-1293 (2-20), EKI-1304 (O6/13), EKI-1646(10-18), EKI-1500-CA (6-13) Item 7. Notices to Insurer:

EKI-D-5 (11/16) 7/21/2021 - Page 1 012

14.B

oli Olher Notices lo:

NationwideManagement Liability8: Specialty NationwideManagement Liability&Specialty Attention:Claims Manager Attention:Claims Manager
7 WorldTrade Center.87thFloor 7 WorldTrade Center, 37th Floor 250 GreenwichStreet 250 GreenwichStreet
NewYork,NY10007 New York, NY10007
[email protected] [email protected] These Declarations, together with the Appiioation,ic’o'vera'e Sections, General Terms and Conditions, and any written endursement(s) attachedthereto.shallconstitutethe contractbetweenthe insured andthe Insurer.

EKI-D-5(11/16) 7/21/2021 - Page 2 of2
Nationwide’

14.B

PARTNERS
EANGLEPARTNERS~ D RESPONS FOR
Solicitation 092721
Prepared for:

October 11, 2021

14.B

7/Z
Range Partners | 092721 | On-Call Real Estate Broker Services October 11, 2021
H.P. Kang
City of Hemet
Community Development Director
445 E. Florida Avenue
Hemet, CA 92543
Sealed and Hand Delivered
Re: On-Call Real Estate Broker Services
Dear Mr. Kang,
Thank you for the opportunity to share how Range Partners-SD, lnc.'s expertise in commercial real estate is perfectly aligned with the City of Hemet’s (the City) need for real estate broker services.

Range Partners-SD is a Disabled Veteran Business Enterprise commercial real estate ?rm with speci?c expertise in representing tenants, buyers, and sellers of commercial property. From inception, Range Partners-SD has worked to establish an environment that strengthens the ?rm’s ability to ?ercely represent commercial clients. Our team has done this by creating a culture that embodies the traits and characteristics its Co-Founder, Commander Nicholas Norris, witnessed and honed during his tenure as a SEAL of?cer. Range Partners-SD’s professionals hold themselves and each other to the highest standard of performance, the utmost integrity, and a client-?rst perspective.

Range Partners-SD’s pursuit of excellence in every transaction has led its receipt of an award with the Department of Veterans Affairs and the Port of San Diego. Range Partners-SD promises to leverage its experience serving other Local and Federal governments the City’s advantage, tirelessly pursue the best outcome, and always provide honest, unbiased advice whenever requested or warranted. On behalf of our team, Range Partners-SD is grateful for the opportunity to submit this proposal and appreciative of your consideration.

Sincerely,
Nicholas Norris
Co-Founding Partner
Range Partners-SD
Nick@rangepartnerssd. com
(619) 850-9413
Range Partners-SD | i

14.B

I*'—'—|IZ?-22-
-F'Il-"H'-‘HI
Range Partners | 092721 | On-Call Real Estate Broker Services Firm Experience
Scope of Work
Relevant Projects
Executive Summary
Quality Control
Geogrphical Coverage
Monitoring of Subcontractor Procedures
Con?icts of Interest Mitigation
Staf?ng Plan
Staf?ng Matrix
Resumes
Broker's License 12
Insurance Requirements 14
Fee Schedule 16
(O(D®\J\|O503U'll\J—\- —\ Range Partners-SD | ii

14.B

& --I1&I'rIId$.i-j&I-Iat-_—:HL-;..~5.-~:~'~_rs =====*--‘F .‘::l':l.'.l"':.1l?.' "7-"?~73'
*
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Range Partners | 092721 | On-Call Real Estate Broker Services Range Partners-SD |
Range Partners-SD has a proven track record of representing tenants, buyers, and sellers in hundreds of lease and sale transactions. The ?rm's diverse and ?exible team has over 28 years combined real estate industry experience representing sales and leases for a total value in excess of $2 Billion.

Range Partners-SD has directly relatable experience serving the Department of Veteran Affairs and the Port of San Diego with broker services. Additionally, through its service of Local and Federal clients, Range Partners-SD has formed partnerships with other brokerages and broker associates that have collectively performed 85,225 sales and lease transactions in 2019 for a value in excess of $432.8 Billion. Range Partners-SD, its principals, and its partners are well quali?ed to perform on each aspect of the scope of work.

FIRMEXPERIENCE
The Range Partners-SD willoversee the generation of full market analysis that clearly communicates the state of the market, recent activity and availability within each submarket, reasonable lease or sale comparisons, unbiased advice and opinions when warranted, and an overall healthy snapshot that considers each speci?c City requirement. Likewise Range Partners has a longstanding history of generating appropriate marketing materials for its clients, negotiating tenaciously in all lease and purchase situations, and seamlessly coordinating all required inspections, appraisals, due diligence, and closing activities.

Federal Practice: Range Partners-SD experience in representing Local and Federal clients over the last 28 years enables the team to understand the unique risks and challenges of the government procurement processes, including Federal Acquisition Regulation, training, and state licensing requirements.

Our team's expertise and ability to perform on all areas of the leasing and acquisition process has resulted in its representation of the Department of Veterans Affairs (VA) for several upcoming high-pro?le development projects. The real estate challenges are certain to include portfolio optimization, highest and best use analysis, market analysis, development advisory, lease renewal, thorough negotiations, numerous appraisals, and acquisition and disposition of federally owned properties. Furthermore, our team has partners for VA projects with experience providing the same services to the US Navy, General Services Administration (GSA), Department of State, United States Postal Service (USPS), and Government Publishing Of?ce (GPO).

Private Practice: Range Partners-SD has represented a host of privately held clients in the healthcare, technological, research and development, professional services, and manufacturing industries. Range Partners-SD has always brought its full range of services to bear to mitigate risk, maximize leverage, and generate ideal conditions for business owners and executives to make informed decisions. Applicable situations include, but are not limited to, real estate leases, acquisition, disposition, and syndication of of?ce, medical, surgery centers, industrial, or research and development buildings. This experience coupled with our access other real estate professionals accelerates our ability to provide unique real estate solutions to the City in all real estate scenarios.

Public 8; Education Institutions: In addition to the federal and private practices outlined above, Range Partners-SD has expertise serving public and educational institutions. Such entities include the Port of San Diego, Point Loma Nazarene University, Georgia Tech University.

Scope Of Work

14.B

§[email protected]
to zivalich tech.edu
jlalui?ln?omxmedu
Range Partners | 092721 | On-Call Real Estate Broker Services Coast Medil 2021
Center
Georgia Tech 2020
Point Loma 2020
Nazarene
University
Edward Cohen, M.D.,
Chief Executive Of?cer
(858) 888-7700
Tony Zivalich, Executive
Director — Real Estate
(404) 931-3161
Joe Laluzerne, Chief
Financial Of?cer
(619) 849-2317
Project orientation, executive support,
direct reports on market details, meeting
attendance, request for lease proposals
(RLP), RLP modi?cation, review of
offers, ?nancial analysis, negotiation
support, preparation/amendment of all
lease documents, coordination of lease
execution and inspections, and inquiry or
dispute support for a 15,799 square foot
surgery center lease acquisition.

Project orientation, executive support,
direct reports on market details, meeting
attendance, request for lease proposals
(RLP), RLP modi?cation, review of
offers, ?nancial analysis, negotiation
support, preparation/amendment of all
lease documents, coordination of lease
execution and inspections, and inquiry or
dispute support for a 23,831 square foot
lease acquisition.

Project orientation, executive support,
direct reports on market details, meeting
attendance, request for lease proposals
(RLP), RLP modi?cation, review of
offers, ?nancial analysis, negotiation
support, preparation/amendment of all
lease documents, coordination of lease
execution and inspections, and inquiry or
dispute support for a 69,909 square foot
lease acquisition.

Range Partners-SD | 2
Relevant Projects
Zerigo, Health
Project
2021
Date
Frank Binnendyk, Chief
Operating Of?oer
th.com
(877) 738-6041
Client Contact
Project orientation, executive support,
direct reports on market details, meeting
attendance, request for lease proposals
(RLP), RLP modi?cation, review of
offers, ?nancial analysis, negotiation
support, preparation/amendment of all
lease documents, coordination of lease
execution and inspections, and inquiry or
dispute support for a lease acquisition
and a relocation and expansion within 6
months (19,800 square foot total).

Services Provided

14.B

osa|darriaga@kdc[email protected]
brooks. e?us housecall
[email protected]
Cosmetic
Laboratories
of America
Daylight
Solutions,
DRS
Housecall Pro
Coast Medil
Center
Range Partners | 092721
2019
2018
2018
2017
Oscar Saldarriaga, Vice
President I General
Manager
c|a.com
(818) 717-1318
Thomas Herd, Head of
Global Real Estate
Brooks Pettus, Chief
Operations Of?cer
pro.com
Edward Cohen, M.D.,
Chief Executive Of?cer
(858) 888-7700
| On-Call Real Estate Broker Services
Project orientation, executive support,
direct reports on market details, meeting
attendance, request for lease proposals
(RLP), RLP modi?cation, review of
offers, ?nancial analysis, negotiation
support, preparation/amendment of all
lease documents, coordination of lease
execution and inspections, and inquiry or
dispute support for two leases totaling
nearly 400,000 square feet of lease
acquisitions.

Project orientation, executive support,
direct reports on market details, meeting
attendance, request for lease proposals
(RLP), RLP modi?cation, review of
offers, ?nancial analysis, negotiation
support, preparation/amendment of all
lease documents, coordination of lease
execution and inspections, and inquiry or
dispute support for a 67,792 square foot
lease acquisition.

Project orientation, executive support,
direct reports on market details, meeting
attendance, request for lease proposals
(RLP), RLP modi?cation, review of
offers, ?nancial analysis, negotiation
support, preparation/amendment of all
lease documents, coordination of lease
execution and inspections, and inquiry or
dispute support for a 30,657 square foot
lease acquisition.

Project orientation, executive support,
direct reports on market details, meeting
attendance, request for lease proposals
(RLP), RLP modi?cation, review of
offers, ?nancial analysis, negotiation
support, preparation/amendment of all
lease documents, coordination of lease
execution and inspections, and inquiry or
dispute support for a 40,000 square foot
lease acquisition.

Range Partners-SD | 3

14.B

ebar mulvane bar .com
[email protected]
'|a|uzer intloma.edu
Mulvaney
Barry
Skyline
Urology
Point Loma
Nazarene
University
Range Partners | 092721 | On-Call Real Estate Broker Services 2017 Everett Barry, Senior
Partner
2016 Frank Hudson, Chief
Executive Of?cer
(424) 2124194
2016 Joe Laluzerne, Chief
Financial Of?cer
(619) 849-2317
Project orientation, executive support,
direct reports on market details,
meeting attendance, request for lease
proposals (RLP), RLP modi?cation,
review of offers, ?nancial analysis,
negotiation support,
preparationlamendment of all lease
documents, coordination of lease
execution and inspections, and inquiry
or dispute support for a 10,865 square
foot lease acquisition.

Project orientation, executive support,
direct reports on market details,
meeting attendance, request for lease
proposals (RLP), RLP modifition,
review of offers, ?nancial analysis,
negotiation support,
preparation/amendment of all lease
documents, coordination of lease
execution and inspections, and inquiry
or dispute support for a 15,000 square
foot lease acquisition.

Project orientation, executive support,
direct reports on market details,
meeting attendance, request for lease
proposals (RLP), RLP modi?cation,
review of offers, ?nancial analysis,
negotiation support,
preparation/amendment of all lease
documents, coordination of lease
execution and inspections, and inquiry
or dispute support for a 7,326 square
foot lease acquisition.

Range Partners-SD | 4

14.B

Range Partners | 092721 | On-Call Real Estate Broker Services Brian Gruber—Range Partners-SD
(DVBE)
Alternate Project Manager
Jon Hamby — Range Partners-SD
(DVBE)
Project Coordinator
Range Partners-SD |
Range Partners-SD, a Disabled Veteran Business Enterprise commercial real estate ?rm founded in 2019 by Commander Nicholas Norris and Brian Gruber, has speci?c expertise in representing tenants, buyers, and sellers of commercial property. Our mission is to professionally represent clients and uphold the traits and characteristics that the ?rms’ CoFounder, Mr. Norris, witnessed and honed during his tenure as a SEAL of?cer.

While fonned in 2019, Range Partners-SD’s executives have a oombined 28-year industry track record in real estate acquisition and support services resulting in over $2 Billion in transaction value. By example, we have conducted real estate acquisition projects ranging in size from 10,000 to nearly 400,000 square feet, as well as other real estate acquisition support services for a diverse portfolio of project management scopes including, but not limited to, a 560-acre facility that serves military families.

The Range Partners-SD and CBRE partnership promises to serve the VA with the highest quality of service, tirelessly pursuing the best outcomes.

The following organizational chart outlines our leadership team, which willbe supported by a pool of partners who are transaction specialists and post award project managers that all work on large federal and private leasing contracts.

Executive Summary
NickNorris — Range Partners-SD
(DVBE)
Project Manager
Account Management

14.B

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Range Partners | 092721 | On-Call Real Estate Broker Services Project Leadership: Nicholas Norris willserve as the Project Manager (PM) for this contract.

Mr. Norris has led real estate teams in two prominent real estate ?rms over the past 7 years with an additional 11 years of directly relatable federal experience as a servicemember in the United States Navy.

As the PM, Mr. Norris will be the City’s primary point of contact at the national level and the senior executive on all aspects of account-related responsibilities, including leasing activities, licensing requirements, training, project schedules, contract compliance, and overall quality control. Mr. Norris willbe supported by the Alternate Project Manager (APM), Brian Gruber, who will have day to day responsibilities for task order management, regardless of scope.

The PM and APM will participate in regular project status meetings, evaluation reviews, and all performance reviews.

Reporting to Mr. Gruber, Jon Hamby willserve as the Project Manager. Jon Hamby of Range Partners-SD willserve as the team lead overseeing all assignments relating to due diligence and post award services. Reporting to Mr. Hamby willbe Rob Clark of TTLAssociates and Mr.

Danny Mapili of DM Consulting. Mr. Clark will be utilized on an as needed basis for property condition, environmental, industrial hygiene, geotechnical engineering, materials testing, and any potential drilling services.

Collectively, the three executive partners, Nick Norris, Brian Gruber, and Jon Hamby willbe responsible for managing task orders pertaining to the negotiations and procurement of any lease, purchase, or sale assignment.

Quality Control
Range Partners-SD recognizes that having a training program that adheres to a commitment of getting it right the ?rst time, combined with a thorough, consistently applied quality control plan (QCP), delivers outstanding results. Allteam member and any subcontractor utilized in the performance of this contract willbe provided a copy of our QCP and be required to prepare a QCP for its ?rm that is aligned with the Account Team’s QCP.

At the conclusion of each assignment, Range Partners-SD willperform an audit of the ?le to ensure each assignment has met its overall quality control objectives. A sample QCP can be made available at the City's request, and Mr. Norris (PM) will be responsible for the design and maintenance of the QCP.

Geographical Coverage
Range Partners-SD has practiced across California and is now representing the VA nationally.

In collaboration with its partners, Range Partners-SD has successfully managed a widespread team of brokers across multiple U.S. offices. We stand ready to manage any task order provided by the City.

Range Partners-SD | 6

14.B

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Range Partners | 092721 | On-Call Real Estate Broker Services Range Partners-SD | 7
Subcontractor Leadership: Range Partners-SD has been party to numerous partnerships and co-broker agreements in its history. Our Co-Founder and PM, Nicholas Norris, is a highly adept leader who is more than capable of directing and monitoring all involved parties. Mr. Norris has more than ?ve years’ experience as a managing partner where he is directly responsible for the performance of company employees, independent contractors, partners, co-brokers, and thirdparty vendors. Mr. Norris‘ leadership is also showcased by more than 11 years’ experience planning, delegating, and executing combat missions and directing SEALs at the squad, platoon, and team levels, including his time as Of?cer in Command of SEAL Quali?cation Training.

Subcontractor Interface Plan and Reporting Structure: Brian Gruber (APM), reporting to Mr.

Norris, will be the primary point of contact at the subcontractor level. He willdelegate tasks, monitor progress, implement required changes, and ensure that all subcontracted procedures are brought to a timely and bene?cial conclusion.

Range Partners-SD holds itself, its partners, and any subcontractors to the highest levels of integrity. Augmenting our internal standards are the VA’s con?ict systems and policies. As a prerequisite to our national contract, Range Partners-SD has undergone federal ethics training consistent with FAR standards. We work tirelessly to ensure a con?ict never arises. However, if a perceived con?ict arises, the City can rest assured Range Partners-SD’s con?ict management systems will identify the con?ict. Range Partners-SD will immediately disclose the con?ict to the City and present a mitigation strategy in accordance with the con?icts mitigation plan (preapproved by the City).

To reinforce the critical nature of con?ict systems and policies, Range Partners-SD personnel is required to take an annual ethics training program consistent with FAR standards, which informs all members of the con?ict policies.

Monitoring of Subcontractor Procedures
Con?icts of Interest Mitigation

14.B

Range Partners | 092721 | On-Call Real Estate Broker Services CA brokerage license; FAR training 9+ Master's
Degree
CA brokerage license 4+ Master's
Degree
CA brokerage license 16+
Ohio EPA Voluntary Action Certi?ed 34 Bachelofs
National Registry of Environmental De9'ee
Professionals
Registered Environmental Property
Assessor
Certi?cations:

OSHA 40-Hour HAZWOPER and
Refreshers
Phase I and Phase IIESA
Underground Storage Tanks
Baseline Environmental
Assessments
Risk-Based Corrective Action
Groundwater Modeling
National Environmental Policy Act
Af?liations: Michigan Associations of
Environmental Professionals
Range Partners-SD | 8
The Range Partners-SD’s team has an extensive understanding of providing real estate services to federal, private, public, and educational institutions. Resumes and credentials can be found in the following pages.

The quali?cations matrix below summarizes the professional experience, licenses, and training for the Range Partners-SD team members.

Staf?ng Matrix
Staffing Plan
Name
Nicholas Norris,
Range Partners-SD
Brian Gruber,
Range Pariners-SD
Jon Hamby,
Range Par1ners—SD
Rob Clark,
Licenses and Qualifications Years’
Expe?ence
Educa?on

14.B

emstenan
‘s tenure a
Relevant Experience
Range Partners | 092721 | On-Call Real Estate Broker Services Nicholas Norris
Range Partners-SD
2014 30th St. #201 San Diego, CA 92104
[email protected]
Real Estate Broker #01911071
Nicholas Norris is a Founding Partner of Range Partners-SD and exclusively repres ts and buyers in commercial real estate transactions. Nick s a combat leader in the SEAL Teams is both the qualifying factor for Range Partners-SD’s Disabled Veteran Business Enterprise and Service-Disabled Veteran-Owned designations and the guiding feature for its company culture Regardless of pressure or circumstance, Nick serves as a quiet professional, bringing his diverse background, market knowledge, and uncompromising principles to every real estate engagement. His depth of experience, unwavering dedication, and genuine nature creates an extremely capable teammate in all commercial transactions.

Militarv Historv
Of?cer in Charge, SEAL Quali?cation Training, NSW BTC
Platoon Commander, SEAL Team Three
0 Cross Functional Team Lead, NSW Support Activity One
Squad Leader, SEAL Team Three
0 Bronze Star with Combat Distinguishing Device x2
Point Lorna Nazarene University, 69,909 square feet (multiple leases and purchase) Georgia Tech Applied Research Corporation, 23,831 square feet (multiple leases) Deccan International, 11,400 square feet (lease)
Corelation, 69,267 square feet (multiple leases)
Housecall Pro, 30,657 square feet (multiple leases)
Epsilon Systems Solutions, 45,868 square feet (lease)
Lindsay & Brownell,17,292 square feet (lease)
San Diego Zoo Global, 5,000 square feet (multiple leases) DRS, 67,792 square feet (multiple leases)
Procopio, 48,572 square feet (multiple leases)
Zoological Society of San Diego, 21,549 square feet (multiple leases) Govx, 14,938 square feet (multiple leases)
o Envision Solar, 48,827 square feet (lease)
Education
University of San Diego, Masters Degree
United States Naval Academy, Bachelor's Degree
Range Partners-SD | 9

14.B

Relevant Exgerience
Relevant Exgerience
Range Partners | 092721 | On-Call Real Estate Broker Services Brian Gruber
Range Partners-SD
2014 30th St. #201 San Diego, CA 92104
[email protected]
Real Estate Salesperson #02057397
Brian Gruber is a Founding Partner of Range Partners-SD and exclusively represents tenants and buyers in commercial real estate transactions. Brian has been invaluable to Range Partners-SD’s Disabled Veteran Business Enterprise and Service-Disabled Veteran-Owned certi?cations and relentlessly pursues every opportunity to support his clients with the designation. His innate ability to listen intently, communicate effectively, and think creatively provides immeasurable support for his clients and their commercial transactions.

Point Loma Nazarene University, 69,909 square feet (multiple leases and purchase) Georgia Tech Applied Research Corporation, 23,831 square feet (multiple leases) Deccan International, 11,400 square feet (lease)
Corelation, 69,267 square feet (multiple leases)
Housecall Pro, 30,657 square feet (multiple leases)
Epsilon Systems Solutions, 45,868 square feet (lease)
Lindsay & Browne|l,17,292 square feet (lease)
San Diego Zoo Global, 5,000 square feet (multiple leases) DRS, 67,792 square feet (multiple leases)
Education
Loma Linda University, Master's Degree
California Polytechnic University, San Luis Obispo, Bachelor’s Degree Jon Hamby
Range Partners-SD
2014 30th St. #201 San Diego, CA 92104
[email protected]
Real Estate Salesperson #01495917
Jon Hamby is a Partner with Range Partners-SD and exclusively represents tenants and buyers in commercial real estate transactions. His diverse commercial real estate background encompasses syndication, debt/equity structuring, acquisitions, dispositions, portfolio/asset management, and investment analysis, with over $1 Billionin transactional experience. As a business owner and investor, Jon has extensive knowledge and unique perspective from both sides of the negotiating table and is able to spot opportunities where others see roadblocks.

Cosmetic Laboratories of America, ~400,000 square feet (lease) Nuvasive, 220,000 square feet (lease audit)
JELDWEN, 140,000 square feet (lease)
Genesis Healthcare Partners, 75,000 square feet (multiple leases and purchase) Coast Medical Center, 40,000 square feet (syndication, acquisition, lease-up, construction management, disposition)
Solute Consulting, 25,000 square feet (purchase)
Range Partners-SD | 10

14.B

Relevant Experience
Range Partners | 092721 | On-Call Real Estate Broker Services Rob Clark
1'|'L Associates, Inc.
1915 North 12"‘Street, Toledo, OH 43604
rc|[email protected]
Mr. Clark has more than 34 years of experience performing, managing and directing environmental assessment, environmental site investigation, remediation, brown?eld redevelopment, and National Environmental Policy Act (NEPA) projects. Through his experience as TTL's Technical Service Director for Environmental Services, Rob has learned how to cost-effectively design, implement, and manage remedial investigations to characterize and delineate site contamination. From these data, he has developed remedial action alternatives using the risk-based corrective action approach, leading to the completion of cost-effective and technically sound remedial actions and regulatory closure. He has also assembled and led multi-disciplined teams of environmental, geotechnical, civil engineering and construction professionals, and specialty service subcontractors to perform site investigation and development services across wide geographic areas. Furthermore, Mr.

Clark has ensured client-speci?c technical and project schedule requirements are met and consistent with a high standard of performance.

Phase I Environmental Site Assessments and NEPA Environmental Assessments, Department of Veterans Affairs, throughout the United States 0 Site lnvestigation/Assessment, Downriver Community Conference Brown?eld Consortium, Southeast Michigan
Environmental Site Investigation and Site Development Services, CVS Pharmacy, Various Locations in the Central and Eastern United States NEPA Environmental Assessments, US Department of Veterans Affairs, National Energy Business Center, throughout the United States
Leaking Underground Storage Tank Site Investigation and Remediation, United States Steel, Ecorse, Michigan
o Environmental Site Investigations, The Andersons, Saginaw/Bay City, Michigan.

Remedial lnvestigationslFeasibi|ity Studies (RI/FS), U.S. Environmental Protection Agency (Various Locations)
Range Partners-SD | 1

14.B

'I'- Range Partners '|—. | 092721 -— | On-Call --311‘... Real Estate Broker Services Broker’s License
Range Partners-SD's California license is in good standing condition. Likewise, Range PartnersSD's has an excellent reputation in local and state-wide communities. As another layer of value Range Partners-SD is quali?ed as both a Disabled Veteran Business Enterprise and a ServiceDisabled Veteran-Owned Small Business. Our organization has the local market knowledge, expertise, and required licenses to perform any assignment effectively and legally.

A valid copy of Range Partners-SD's corporate brokerage license is included below. We can provide copies of individual licenses upon the City's request.

Range Partners-SD | 12

14.B

Range Partners | 092721 | On-Call Real Estate Broker Services Range Partners-SD | 13

14.B

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Range Partners | 092721 | On-Call Real Estate Broker Services Insurance Requirements
Range Partners-SD’s insurance policies are in good standing condition.

A valid copy of Range Partners-SD’s certi?cate of insurance is included below. Original certi?cates willbe provided prior to commencing services.

Range Partners-SD | 14

14.B

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Range Partners | 092721 | On-Call Real Estate Broker Services

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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATEHOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINGINSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER Llcense # 0E67168
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Range Partners-SD | 15

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14.B

Range Partners | 092721 | On-Call Real Estate Broker Services Fee Schedule
Range Partners-SD services provided in the pursuit of a successful real estate sale, purchase, or lease, shall follow the below reimbursement schedule. In all other conditions, Range Partners-SD’s services shall have a ?at ?ve hundred and twenty dollars ($520) per hour reimbursement rate.

Successful Real Estate Sale: Three percent (3%) of the sale price - to be reimbursed by the City Successful Real Estate Purchase: Three percent (3%) of the purchase price -to be reimbursed by the seller
Successful Real Estate Lease/Sublease(City is the Lessor): Three percent (3%) of the gross rental amounts for years one (1) through five (5) and one-point-five percent (1.5%)thereafter, due fifty percent (50%) upon lease/subleaseexecution and ?fty percent (50%) upon lease/subleasecommencement — to be reimbursed by the City 0 Successful Real Estate Lease/Sublease(City is the Lessee): Four percent (4%)of the gross rental amounts for years one (1) through ?ve (5) and two percent (2%)thereafter, due fifty percent (50%) upon lease/subleaseexecution and fifty percent (50%) upon lease/sublease commencement — to be reimbursed by the lessor
Range Partners-SD | 16

14.B

REMPX
(_ormn2rci.ui brui<em?'a
Active Land Listings
®
Advantage DEH?|$
September 22,. 202;
53:21:: I ._".._..-... _.—.!-...- _ ....... .....r.... -' 4—-——'» — =.l I I:a|.aLc D|uI\cI ecu vIu:a 1']- Da... .-..a. I\Cn nrr “CC Following is the information requested:

1. 1702 W. Park Ave., Medical Office Building Site — Redlands _.-- _ F‘; i A I‘\._..,J._ U 1:‘ she — 2. 30790 Via Pessaro, The Hideaway, La u,uInLa

3. 0 Sierra Hwy., 390 acres — Rosamond

4.0 Poppet Flats Rd 3 — 20 acre parcels — San Jacinto

5. Reinhardt Canyon 346 acres — County
Hi!My name is Dennis Friedman and I am a Commercial agent with Re/MaxCommercial in Redlands, CA. I acquired my Real estate license in 1979 and afterjust a few years in the business, I decided that Vacant Land,industrialand Special UseFiropertieswere my passion. Mostof my Buyers &Sellersare either previous customers or referrals. My full Bio is at dfriedman.com

1. List years in business, previous names of the firm, if any.

2. Describe experience (minimum ?ve years previous experience with proven effectiveness) your firm or organization has in pertinent real estate experience.

3. Experience in assisting similar size entities, including allservices for government agencies.

4. List of at least three references where and when your firm provided similar services. Please provide names and telephone numbers of contact persons for each reference.

5. Additional services offered through your firm.
l have sold vacant land, industrial & special use
properties in and around the Inland Empire for 42 years. Primarily with RE/MAXAdvantage, Commercial Division & NAI Capital Commercial.

Two significant, Off Market Deals, 600 N. Puente Ave., Brea, CA. 52,000 s.f. Industrial. I listed & sold this property & business last year for $11,200,000. Another Off Market deal, 26 acres Vacant Land, Bloomington, CA. is in escrow for $33,500,000. We will be closing escrow mid - 2022. More related information below.

See below.

Refer to ‘Clients Past and Present’ below,
contact names and numbers to be supplied upon request.

Vacant Land, Industrial, Medical, Educational, Special Use Properties, Retail & Business Sales.

6. Fee Schedule:

State your commission rate for listing and selling of subject property. 3% of sales price, split 50/50between State any other costs the City of Hemet may anticipate relating to the real estate services to be provided.

Listing & Selling Agents/Brokers.

None

14.B

Pending Land Sales:

6. 10850 Reche Canyon Rd., 20 acres — Moreno Valley

7. 51050 Bonita Ave., 20 acres — Cabazon

8. 865 Clark St., 1.3 acres — Riverside

9. 68000 Silver Creek Rd., 596 acres — Banning/Idyllwild

10. 6700 Boulder Ave., 3.42 acre Medical Site — San Bernardino

11. 0 Cassia Rd., Expired Tentative Tract Map — Adelanto

12.0 Palm Ave., Commercial/Office site — Highland

1. 640 acres, Joshua Tree — gst closed escrow 9-27-2021

2. 601 acres, Reche Canyon — Just closed escrow 9—24—2021

3. 560 acres, Moreno Valley — Will close escrow 10-13-2021

4. 115 acres, Cabazon

5. 19 acres, Reche Canyon

6. 1 acre, Loma Linda

7. 26 acres, Bloomington

8. Wood Rd & Cajalco, 20 & 80 acres, Perris

9. 9039 Cajalco Rd., .87 acres — Corona
2021 Closed Sales year to date
1241 S. State College Blvd.,Bench 2 Bench Technologies — Fullerton — Business & Real Estate sale 4663 E. Guasti Rd.,West Coast Supplies — Ontario — Business sale Smiley Blvd25 & 35 acre parcels — Redlands
0 Paine Rd 16 acres — Lake Arrowhead
22826 Spruce St., 5 acres, 60 Freeway Property — Moreno Valley 14081 Broadway, Retail site — Cabazon
10001 Bellflower Ave., Former Military Academy - Cherry Valley 857 Jefferson Ave., Freeway Retail site — San Bernardino 0 Chamberlaine Rd., Expired Tentative Tract Map — Adelanto 220 acres Captain Cook, Hawaii
1741 Plum Ln., 1 acre Medical Office Building Site — Redlands 1442 Mt. Vernon Ave., Retail Site — San Bernardino
1157 Mt. Vernon Ave., Site — San Bernardino

14.B

CLIENTS( REFERENCES
Past Sales:

AAAClubs in San Bernardino & Redlands
Social Security Office — Redlands
YMCA& YWCA— San Bernardino
Trinity Anza - +/-900 acre Campus & Conference Center (at risk, teenage boys) Trinity Whitewater (at risk, teenage boys)
Trinity Mentone /AdvancedEducational Services, (at risk teenage boys).

AES Facility — Church St — Redlands
AES Facility — Stillman Ave — Redlands
Trinity Youth Services Headquarters — 3 Administrative Office Buildings & Facilities Warehouse — Colton Durham School Services — Former Center Chevrolet, Lease — San Bernardino Durham School Services — San Bernardino International Airport, Lease Solon Academy — Rialto (Trinity Youth Services)
Foster Placement Center — Rubidoux (Trinity Youth Services) Winonics — Brea 52,000 s.f. building, Business & Real Estate sale - Brea Quail Ranch Golf Course - +/-880 acres Moreno Valley
Palmmarket.com
Trinity Youth Services
Northern Trust
Advanced Educational Services
JR Controls, West Coast Supply, Bench 2 Bench Technologies, Winonics lnc., Savage Trust Paul Cliff — Gresham & Savage
ESRI
Crawford Investment Services
Hillwood
Fleetyards Inc.

Howard Industrial
First Industrial
Canyon Steel Fabricators

14.B

[email protected]
INTERNETPRESENCE& BIO:

Thank you for your consideration. Please contact me for any additional information or to schedule an in-person interview,
Best regards,
DFriedman.com
Dennis Friedman Commercial
Dennis Friedman Re/MaxCommercial
Dennis Friedman Land
Dennis Friedman Realtor
Dennis Friedman
Senior Vice President
RE/MAX Commercial
611 W. Redlands Blvd., Ste. C
Redlands, CA 92373
Direct 909.798.0777
Cell 310.739.0408
BRE# 00694499
ADVERTISING:

Costar, Loopnet, AIRCRE,Crexi, Rea|Nex (PropertyLine), Landwatch, Farms 8: Land, CRMLS

14.B

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CANCELLATION
CERTIFICATE OF LIABILITYINsURANCE 06/14/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING |NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: Ifthe certi?cate holder is an ADDITIONAL INSURED, the poIicy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certi?cate holder in lieu of such endorsement(s).

PRODUCER House Account
Austin 8.Austin Insurance Services, Inc. 2';gN,fD_ Em: (800) 987-1475 a Division of Brown 8. Brown f{5V'5'}{'éss:
3697 MLDIab'° B"’dvSte 100 INSURERISIAFFORDING COVERAGE NA|C# Lafayette CA 94549 INSURERA: Arch Insurance Company 11150 “SURE” INSURER B
-JoeMiller Inc , DBA: RE/MAX Advantage/RE/MAX Advantage INSURERC Property Management/RE/MAX Lakeside/Advantage Escrow INSURER D 611 W. Redlands BlvdSte C NSURER E, Redlands CA 92373 WSURERF. COVERAGES CERTIFICATE NUMBER REVISION NUMBER:
'ET°.5‘ TYPE OF INSURANCE 3.1”;"" POLICY NUMBER ,.,:I‘,.’,t5B,*Y$Vy, (??I'5‘SIy§'W) LIMITS COMMERCIALGENERAL LIABILITY

AUTOMOBILE LIABILITY

UMBRELLALIAB

EXCESS LIAB
N/A
Per claim limit 1,000,000 Errors & Omissions _ _ A SPL100D877-00 06/20/2021 06/20/2022 Aggregate |ImIt 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Addtional Insured and Certi?cate Holder:

RelMax, LLC and
Re/Max California 8. Hawaii
5075 S Syracuse St.

Denver, CO. 80237
Additional Locations: 27169 Hwy 189 Ste 1, Blue Jay, CA 92317; 28200 Hwy 189 Ste C205, Lake Arrowhead, CA 92352; 33733 Yucaipa Bl, Ste 11,

CERTIFICATE HOLDER

SHOULD ANYOF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOENOTICE WILLBE DELIVEREDIN
ACCORDANCE WITHTHE POLICY PROVISIONS.

AUTHORIZEDREPRESENTATIVE
©1988-2015 ACORD CORPORATION. All rights reserved
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD

THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVEBEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD

INDICATED NOTWITHSTANDINGANYREQUIREMENT, TERMOR CONDITION OF ANYCONTRACTOR OTHER DOCUMENTWITH RESPECT TO WHICH THIS

CERTIFICATE MAYBE ISSUED OR MAYPERTAIN, THE INSURANCEAFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS,

EXCLUSIONSANDCONDITIONSOF SUCH POLICIES LIMITSSHOWN MAYHAVEBEEN REDUCED BYPAIDCLAIMS IMUH

EACH OCCURRENCE
IJI'\|V|I'\\.'JC |\J |"E|Vl EIJ CLAIMS-MADE OCCUR PRFMISFS IFH m'.r:I)rrenr:e\ MED EXP {AM one Dersom PERSONAL8.ADVINJURY
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AUTOS ONLY AUTOS ONLY
OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE DED RETENTION 5 WORKERS COMPENSATION v=r< AND EMPLOYERS' LIABILITY Y , STAT‘ 'T': ANYPROPRIETOR/PARTNER/ExEcuTIvE E L.EACH ACCIDENT OI=I=IcER/MEMBER EXCLUDED? (Mandatory In NH) E L DISEASE- EA EMPLOYEE
Ifyes, describe under
POLICY
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- $%@(?$€6%$95 $

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2888 E. Florida Ave., Suite 1, Hemet, CA 92544 (951)652-4700 (888)266-7101 & Associates
City of Hemet
445 E Florida Ave
Hemet, CA 92543
Ref: RFP for on Call Broker Services Broker Quali?cations SoCal Preferred Realty, Inc Dba SoCal Realtors & Associates and it Broker Michael Perciful, (Broker)respectfully request the opportunity to provide real estate related broker services to the City of Hemet (City). It is understood that the City is required under the Surplus Land Act to liquidate unused City owned properties.

Broker quali?cations:

Licensed real estate broker as of 2008.

Oversees 28 real estate sales licensees and broker associates Member of SRCAR a local Realtor® trade association.

Member of C.A.R. the state Realtor® trade association
2017 - President of SRCAR
2018 - 2022 Chairman of the SRCAR Professional Standards committee 2012 - 2016 City of Hemet Planning Commission
2016 - 2020 City Council, City of Hemet
Michael oversees the successful closing and compliance of over 100 real estate transactions per year. With experience with residential, commercial, and land sales.

Having been a planning commissioner for 5 years before becoming an elected city council member for 4 years having experience working with city staff. SoCa1 Realtors & Associates is located in the City and Michael has been a resident of the City for over 20 years. Michael has extensive knowledge if the local real estate market having both lived in the city and o?ice in the city.

14.B

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Our fee structure is simple, the fee to the City is 6%, to be split 50/50 with a cooperating broker, unless the Broker represents the Buyer as a dual agent in which the commission willbe reduced to 4% or what is negotiated under a separate contract with potential buyers. There are no “a la carte” fees all cost related to the marketing of City owned property will come from the stated commission at the successful close of escrow.

Additional fees related to the closing, including but not limited to Title and Escrow charges, willbe the responsibilityof the City. Online marketing willinclude the local Multiple Listing Service,with a reach of over 100,000 Realtors® statewide and also Commercial and land listing sites.

14.B

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GREATAMERICAN.
01/05/202]
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DECLARATIONS
for

REAL ESTATE PROFESSIONAL
m3”“A"cE “ROW ERRORS & OMISSIONS INSURANCE POLICY
301 E. Fourth Street, Cincinnati, OH 45202
THIS IS A CLAIMS MADE INSURANCE POLICY.

THIS POLICY APPLIES ONLY TO THOSE CLAIMS THAT ARE FIRST MADE AGAINST AN INSURED DURING THE POLICY PERIOD. ALL CLAIMS MUST BE REPORTED IN WRITING TO THE COMPANY DURING THE POLICY PERIOD OR WITHIN SIXTY (60) DAYS AFTER THE END OF THE POLICY PERIOD.

Insurance is afforded by the company indicated below: (A capitalstock corporation) Great American Fidelity Insurance Company
Note: The Insurance Company selected above shall herein be referred to as the Company.

Policy Number: RAB4447092-21 Renewal of: RAB4447092-20
Program Administrator: Herbert H. Landy Insurance Agency Inc. 100 River Ridge Drive, Suite 301
Norwood, MA 02062
item 1. Named Insured: SoCaI Preferred Realty Inc dba SoCal Realtors & Associates Item 2. Address: 2888 E. Florida Ave Suite 1
City, State, Zip Code: Hemet, CA 92544
Attn:

Item 3. Policy Period: From To 01/05/2022
(Month,Day, Year) (Mo?h,Day, Year)
(Both dates at 12:01 a.m. Standard Time at the address of the Named Insured as stated in Item 2.) (inclusive of claim expenses):
$ 1,000,000 Limit of Liability - Each Claim
$ 1,000,000 Limit of Liability - Policy Aggregate
N/A Limit of Liability - Initial Claim Expense Aggregate $ 500,000 Limit of Liability - Fair Housing Claims
$ 500,000 Limit of Liability - Fungi Claims
Item 4. Limits of Liability:

5.50.“?
Item 5. Deductible (inclusive of Claim Expense): $ 2,500 Each Claim Item 6, Premium; :3 2,964.00 Additional Premium 3% CA Tax 88.92 & 0.25% CA Stamping Fee 7.41 Item 7. Retroactive Date (if applicable): 01/05/2009
Item 8. Forms, Notices and Endorsements attached:

D43180 (08/19) D43444 (03/17) D43411 (05/13)
D43442 (03/15) D43447 (06/17) D43448 CA (06/17)
IL7324 (08/12) Authorized Repre
D4318] (03/15) Page 1 ofl

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Policy Number:
648116406

BUSINESSOWNERSPOUCYDECLARATIONS
Allstate Insurance Company
Named Insured: SO CAL PREFERRED REALTY INC EffectiveDate: 01-13-2022 12:01A.M.,Standard Time
AgentName: NOBLE FAMILY INS AGENCY
Described Premises: See Schedule of Locations
Mortgage Holder Name and Address: See Schedule Of Mortgagees

SECTIONI - PROPERTY
Blanket Insurance
Blanket # Type of Property Limitof Insurance
Deductibles(Apply per location, per occurrence)
Property Optional Coverage (Other Than Equipment Windstorm or HailPercentage Prem. No. Deductible Breakdown Protection Coverage) Deductible Deductible For Additional Deductible lnfomnation: See Schedule of Deductibles Additional Coverages - Optional Higher LimitsI Extended Number Of Days (Per Policy) Additional Limitof Insurance I
Coverage Premium Extended Number of Days
Forgery or Alteration
Business Income - Extended Number of Days for Ordinary Days Pavroll Expense Extended Business lncorne — Extended Number of Days Davs Electronic Data - Increased Limit(Section I Property)
Interruption of Computer Operations - Increased Limit
Additional Coverages - Optional Higher (Per Premises)
Additional
Coverage Prem No. Premium Limitof Insurance
Other: See Schedule of AdditionalCoverages - Per Premises Optional Optional RevisedTime
Prem No. Deductible Deductible
Equipment Breakdown Protection Coverage

THESE DECLARATIONSAREPARTOFTHEPOLICYDECLARATIONSCONTAININGTHENAMEOFTHEINSUREDANDTHEPOLICYPERIOD . DBCW01 01 16 Copyright. Insurance Services Office, Inc., 2009 Allstate Insurance Company
UUi $ 500 $ 500
S 12.500
Insured Full Copy

14.B

SECTIONII—LIABILITYANDMEDICALEXPENSES
Each paid claimfor the following coverages reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II- Liabilityin the Businessowners Coverage Form and any attached endorsements.

Coverage Limitof Insurance
LiabilitvAnd Medical Expenses Per Occurrence
MedicalExpenses Per person
Damage To Premises Rented To You AnvOne Premises
Other Than Products I Completed Operations Aggregate
Productsl Completed Operations Aggregate
Optional Coverages —App|icab|e only ifan 'X"is shown in the boxes below:

Coverage Limitof Insurance
Broadened Coverage For Damage to Premises Per Occurrence Rented to You
Self-storage Facilities— Customer Goods Legal Per Occurrence Liability(Optional Increased Limits)
Motels — Liabilityfor Guests’ Property Per Occurrence
(Optional Limits) Per Guest
Motels- Liabilityfor Guests’ Property In Safe Per Occurrence Deposit Boxes
Deductible
Property Damage LiabilityDeductible: $
Per Claim Per Occurrence
Fonns and Endorsements: See Schedule of Forms and Endorsements Premium for this Businessowners Policy: $7 5 8 .0 0

THESE DECLARATIONSAREPARTOFTHEPOLICYDECLARATIONSCONTAININGTHENAMEOFTHEINSUREDANDTHEPOLICYPERIO D
DBCW01 01 16 Copyright, Insurance Services Office,Inc, 2009 Allstate Insurance Company
$ 1.000.000
S 10.000
$ 100,000
$ 2.000.000
$ 2.000.000
500
lnsured Full Copy

14.B

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jan 25 2022
Department: City Attorney
Submitted by: Steven Graham, Interim City Attorney;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing Remote Teleconference Meetings of the City Council Pursuant to Assembly Bill 361 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt the Resolution of the City Council of the City of Hemet, California, Authorizing Remote Teleconference Meetings of the City Council Pursuant to Assembly Bill 361.

BACKGROUND:

The Governor of the State of California proclaimed the State of Emergency, effective March 4, 2020, due to an outbreak of a respiratory illness, the novel Coronavirus (known as COVID-19). The City Council of Hemet previously proclaimed a "Local State of Emergency" on March 16, 2020. The City of Hemet has since incorporated the promotion of social distancing, including the utilization of remote teleconference meetings to promote social distancing to prevent imminent risk to the health and safety of attendees.

As a product of the Statewide emergency, cities throughout the State and County have widely used the platform of teleconferencing technologies. The City of Hemet has utilized the Zoom platform to allow for greater participation from the public, elected officials, City Staff, Board Members, Commissioners, and interested parties during the State of Emergency orders.

This report provides for the City Council's formal adoption of authorizing teleconferencing for local meetings to allow participation of the public, elected officials, staff, and interested parties due to the increasing spread of the novel coronavirus (COVID-19) across the State.

ANALYSIS:

The City of Hemet is committed to preserving and encouraging public access and participation to all City Council, Commission, and Board Meetings of the City of Hemet.

14.C

Pursuant to the declaration, the City has restricted public access at City facilities including City Hall and other facilities used for legislative body meetings. Approving such a policy will provide for essential operations to continue to conduct business, performing essential functions provided to the greatest extent possible to help mitigate the spread of coronavirus.

DISCUSSION:

Assembly Bill No. 361 was approved by the California Legislature and signed into law by the Governor on September 16, 2021. The legislation authorizes the City of Hemet to continue providing public participation to meetings of the City Council and other legislative bodies through remote teleconference, using services such as telephone conferencing and Zoom meetings.

Adopting this resolution would formalize the City Council's practice of allowing maximum public participation for those persons who desire to participate using these remote teleconferencing services to continue to do so during the COVID-19 pandemic. This resolution must be readopted every 30 days, so it is anticipated that if the City Council adopts the resolution, it will be brought forward every 30 days for ratification until the City Council determines otherwise.

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.

GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 2: Evaluate existing practices to ensure continuity with industry best practices.

Objective 3: Provide Council with policies that are consistent while lessening liabilities.

FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENT(S):

Attachment 1: Resolution - Hemet AB 361
Attachment 2: Bill Text - AB-361 Open meetings_ state and local agencies_ teleconferences_

14.C

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE CITY COUNCIL
PURSUANT TO ASSEMBLY BILL 361
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council is committed to preserving and nurturing public access and participation at public meetings of the City of Hemet; and, WHEREAS, all meetings of the City Council and Planning Commission are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the conduct of public business; and,
WHEREAS, the Brown Act, Government Code section 54953(e) makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 549539(b)(3), subject to the existence of certain conductions; and,
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and

14.C

WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the meeting would present imminent risks to the health and safety of attendees; and WHEREAS, such prerequisites now exist in the form of a state of emergency declared by the Governor and recommendations from state and local health officials regarding social distancing such that members of the public may desire to participate remotely rather than attend in person; and
WHEREAS, to ensure the public may continue to participate fully in meetings of the City Council, Planning Commission and other legislative bodies, the City Council does hereby find that the City Council, Planning Commission and any other legislative body of the City, may conduct their meetings without compliance with the provisions of Government Code section 54953(b)(3) so long as the meetings are conducted in the manner required by Government Code section 54953(e).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. The City Manager and all other City officials are hereby authorized and directed to take such actions necessary to effectuate the intent and purpose of this Resolution including conducting meetings of the City Council, Planning Commission, and other legislative bodies in compliance with Government Code section 54953(e) as needed.

SECTION 3. This Resolution shall take effect immediately upon adoption.

14.C

PASSED, APPROVED AND ADOPTED this 25th day of January 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

14.C

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 25th 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.C

1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 1/13 SHARE THIS: Date Published: 09/17/2021 09:00 PM
AB-361 Open meetings: state and local agencies: teleconferences. (2021-2022) Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

14.C

1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 2/13 have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.

This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment.

The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in

14.C

1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 3/13 connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.

The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 4/13 (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website. (f) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 5/13 (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website. (f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 6/13 otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 7/13 (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing.

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 8/13 (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 9/13 (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 10/13 (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 11/13 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 12/13 (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.

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1/20/22, 1:08 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 13/13 (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jan 25 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
Ericka Murphy, Assistant to the City Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Ratifying the Community Development Block Grant - Coronavirus (CDBG-CV) Hemet CARES Business Support Grant Criteria and Funding Recommendations for Rounds One and Two
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, to Ratify the Community Development Block Grant - Coronavirus (CDBG-CV) Hemet CARES Business Support Grant Criteria and Funding Recommendations for Rounds One and Two.

BACKGROUND:

In response to the economic hardships experienced by small businesses during the COVID-19 pandemic, the City of Hemet established the Hemet CARES Business Support Program, as part of the Hemet CARES Initiative (Coronavirus Aid, Relief and Economic and Security Act).

The City of Hemet applied for CDBG Funds in February 2021 and was awarded $320,000 to provide thirty-two $10,000 grants to eligible Hemet businesses. On April 27, 2021, the City Council reconvened the CDBG-CV Ad Hoc Committee with Council Members Linda Krupa and Russ Brown. The Ad Hoc Committee reallocated CDBG-CV 3 funds from a canceled project, resulting in $360,000 being available for the Hemet Cares Business Support Program. Staff developed criteria based on HUD reporting requirements which include meeting the following criteria.

1. Demonstrate use of CDBG-CV funds only for activities that prevent, prepare for, and respond to coronavirus; and

2. Demonstrate benefit to low-and-moderate-income (LMI) persons (must invest at least 70% of CDBG-CV grant funds for activities that benefit LMI persons); or

3. Meet a need having a particular urgency (referred to as urgent need); or

4. Aid in the prevention or elimination of slums or blight; and

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5. Demonstrate use of funds to provide either (1) jobs or (2) goods and services to a low- and moderate-income area.

HUD also provided an alternative individual public benefit standard to allow grantees to demonstrate that CDBG assistance was provided due to business disruption related to coronavirus (in which case, no monetary standard applies).

ANALYSIS:

Based on HUD's requirements for grantees, and the information the City is required to report, staff developed the following evaluation criteria. Staff modeled its criteria after completing a survey of other cities. The five criteria to evaluate applications are (1) Percentage of net income loss/gain; (2) Age of business; (3) Current number of employees (including independents that work in the establishment fulltime); (4) Anticipated unmet financial need; and (5) Location – within City of Hemet boundary lines. All applications with scores of 50 points and higher qualify for the full $10,000 grant and a reporting period would be initiated for each recipient to track the spending of funds and the subsequent impact.

Based on the criteria (Attachment 1), a full ten points are given for businesses within City limits; more points are given for longer businesses, and for businesses with more employee impact.

As provided by HUD, the following summarizes the elements that the City will need to report back to HUD. Grants will be in the first and third categories: Direct Assistance and Microenterprise Assistance.

DISCUSSION:

The City received 23 applicants in Rounds 1 and 2. All applicants that qualified under the criteria are:

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1. Golden Moon Fine Restaurant (Round 1)

2. Fiesta Party (Round 1)

3. Men's Trendz (Round 1)

4. DNA Services Unlimited (Round 1)

5. Willdebietz Musik Conservatory (Round 1)

6. Vero's Ice Cream (Round 1)

7. PK Bookkeeping (Round 1)

8. Paragon Traders, LLC/Meineke (Round 1)

9. Nanami Sushi Inc. (Round 1)

10.Jahz's Hair Salon (Round 1)

11.Empire Mobility (Round 1)

12.Alexia's Hair Studio (Round 2)

13.Harvard Street Bakery (Round 2)

14.Coast Home Inspections (Round 2)
Under the initial review, the eight businesses that did not qualify were:

1. GV Construction

2. J & J's Cafe

3. Hemet Downtown Farmer's Market

4. Crimsons LLC

5. VIP TOTS - nonprofits do not qualify

6. Hoka Hey Crossfit Gym

7. Baddiez Boutique

8. Yolanda's Beauty Salon
In the interest of funding as many businesses as possible, staff proposes a safety net for all unqualified applicants to be automatically filtered through. HUD provides more discretion to grantees for businesses with 5 or fewer employees: microenterprises. For this second evaluation, there is no requirement for a net income loss, however, applicants must be able to demonstrate their status as a microenterprise throughout the reporting period, and must indicate a need as a consequence of the pandemic.

HUD defines a “microenterprise” as a commercial enterprise that has five (5) or fewer employees, one or more of whom is the owner. They include a range of service providers and retail businesses that typically serve a specific need of their community. Some examples are the roving automobile mechanic or the hairdresser who serves the neighborhood.

The businesses that qualify as microenterprises and sufficiently demonstrated losses as a result of the pandemic, and subsequently qualify for the $10,000 grant are:
• Hoka Hey Crossfit Gym - Crossfit Gym with 1 LMI employee • Baddiez Boutique - Women's Apparel Store with 3 employees, 1LMI • GV Construction - Construction Company with 4 employees • J & J's Cafe - Restaurant with 4 employees, 1 LMI
Unlike special economic development, CDBG microenterprise activities do not require a public benefit test. Also, microenterprise activities have more options for meeting a National Objective, as the limited clientele criteria for LMI benefit can be applied to activities if the business owner is LMI.

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The Ad Hoc reconvened on January 13, 2021 and after evaluation, recommended the attached criteria and grantees for the full Council's approval. The recommended approvals, totaling $180,000 of the available $360,000 are as follows:

1. Golden Moon Fine Restaurant (Round 1)

2. Fiesta Party (Round 1)

3. Men's Trendz (Round 1)

4. DNA Services Unlimited (Round 1)

5. Willdebietz Musik Conservatory (Round 1)

6. Vero's Ice Cream (Round 1)

7. PK Bookkeeping (Round 1)

8. Paragon Traders, LLC/Meineke (Round 1)

9. Nanami Sushi Inc. (Round 1)

10.Jahz's Hair Salon (Round 1)

11.Empire Mobility (Round 1)

12.Alexia's Hair Studio (Round 2)

13.Harvard Street Bakery (Round 2)

14.Coast Home Inspections (Round 2)

15.Hoka Hey Crossfit Gym (Round 2)

16.Baddiez Boutique (Round 2)

17.GV Construction (Round 2)

18.J & J's Cafe (Round 2)
All grantees, including microenterprises, will be subject to a reporting period after being selected. During that period, grantees must provide evidence of how the fund helped prevent, prepare for, and respond to Coronavirus. Funds can be used to drive economic recovery as a response to the coronavirus recession in many sectors of the economy. For example, a grantee may choose to assist a business that will hire persons who became unemployed during 2020; or a grantee may choose to assist startup businesses or to restart businesses closed since January 2020 as a result of the economic effects of the coronavirus. The twenty listed businesses have demonstrated their eligibility under the City's criteria, either "Direct Assistance to For-Profit" or "Microenterprise Assistance." The four that did not meet either criteria are as follows:

1. Hemet Downtown Farmer's Market

2. Crimsons LLC

3. VIP TOTS - nonprofits do not qualify

4. Yolanda's Beauty Salon
While VIP Tots cannot qualify, the three remaining businesses that did not will be contacted to determine whether they can provide further evidence demonstrating their qualifications under HUD's requirements. Staff will identify the deficit in these applications and articulate them to the respective applicant, and work with each business to collect the qualifying documents. Those that are able to provide these documents will be recommended for approval in Round 3.

The program is only offered to for profit businesses, and as staff did for Rounds 1 and 2, staff will conduct an aggressive outreach campaign to solicit business applicants for the next round. This includes:
• Emails to all City businesses on file
• Direct calls to all City businesses on file
• Advertising through the Chamber of Commerce
• Sharing application material in the City lobby

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• Hand delivering application material to businesses
Staff will also continue to work hand in hand with each business to ensure that they have help for each step of the application process, including getting documents that qualify for reporting to HUD. While the application is detailed in scope, it ensures that staff can adequately report back to HUD.

Staff recommends the adoption of the criteria and ratification of the funding for the twenty listed businesses, as recommended by the City Council CDBG Ad Hoc Committee.

PREVIOUS COUNCIL ACTION:
• On November 10, 2020, this item was presented to the Hemet City Council for consideration and request to approve the Substantial Amendment for the CDBG-CV round 1 funding allocation.

City Council approved by a vote of 5/0.
• On February 23, 2021, this item was presented to the Hemet City Council for consideration and request to approve the Substantial Amendment for the CDBG-CV round 3 funding allocation.

City Council approved by a vote of 4/0.
• On April 27, 2021, a request to reconvene the CDBG-CV Ad Hoc committee was presented to Hemet City Council for consideration, and Council Members Brown and Krupa were reactivated to reallocate 2020-21 CDBG-CV funding. City Council approved by a vote of 4/0. • On June 22, 2021, the Council approved the Community Development Block Grant - Coronavirus (CDBG-CV3) Substantial Amendment. City Council approved by a vote of 4/0.

STRATEGIC PLAN INTEGRATION:

GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

The proposed action aligns with Action Item: provide $320,000 in CDBG small business grants.

FISCAL IMPACT:

There is no general fund impact. The CDBG-CV funds are included in the FY 2021/22 Community Development Block Grant budget, Fund 240.

ATTACHMENT(S):

Attachment 1: Scoring Criteria
Attachment 2: Resolution Of The City Council Of The City Of Hemet, California, To Ratify The Community Development Block Grant - Coronavirus (Cdbg-Cv) Hemet Cares Business Support Grant Criteria

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EXHIBIT A

HEMET CARES SMALL BUSINESS SUPPORT GRANT PROGRAM
Scoring Criteria
First, the Reviewing Committee which comprises of staff members will verify business eligibility based on self-reported data submitted on the application for the eligibility criteria set forth in the Program Guidelines.

Staff will review submit eligible applications based upon five criteria. Scores will be added and result in a sum total score.

1. Percentage of net income loss/gain

2. Age of business

3. Current number of employees (including independent that work in establishment full-time)

4. Anticipated unmet financial need

5. Location – within Hemet City boundary lines
All applications receiving a total score of 50 points and higher based on the five criteria will be submitted to the Reviewing Committee for approval. All applications will be scored on a scale of 0 – 78 points. Each of the criteria is worth between a minimum of 0 points and a maximum of 20 points. Should there be a tie in scores, net income loss percentages will be compared by the hundredth/thousandth decimal.

Selection criteria are weighted as follows:

Percentage of net income loss: Compare current net income to pre-pandemic net income. - 0-24% net income loss: 4 points
- 25-49% net income loss: 8 points
- 50-74% net income loss: 12 points
- 75% or higher net income loss: 20 points
Age of business: To support longstanding businesses.
- Less than 1 year: 0 points
- 1-2 years: 4 points
- 3-5 years: 8 points
- 5+ years: 16 points
Employee impact: Total number of current and/or will-hire employees for job creation. - 1 employee: 2 points
- 2-4 employees: 4 points
- 5-10 employees: 8 points
- 11+ employees: 16 points

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Anticipated unmet financial need:
- $1,000 - $2,500: 4 points
- $2,501 - $5,000: 8 points
- $5,001 - $7,500: 12 points
- $7,501 or more: 16 points
Location: Business address must be located within City of Hemet district lines - Within Hemet boundaries: 10 points
- Not within Hemet boundaries: 0 points
Any business that does not meet the minimum 50-point scale, staff will evaluate the demonstrated need and if the business is a microenterprise, staff may submit the application to the Reviewing Committee for approval. Staff reserves the right to consider all circumstances surrounding impact from the pandemic, including access to additional/outside capital and/or other COVID-19 relief assistance when determining final grant recipients.

Grantees are responsible for articulating the impact they experienced due to the pandemic before and throughout the grant reporting period. Staff will verify business eligibility based on self-reported data, and may ask for additional information for qualification. Application does not guarantee approval. All applicants must qualify under the HUD guidelines.

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City of Hemet 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, RATIFYING THE

COMMUNITY DEVELOPMENT BLOCK GRANT -

CORONAVIRUS (CDBG-CV) HEMET CARES

BUSINESS SUPPORT GRANT CRITERIA AND

FUNDING RECOMMENDATIONS FOR ROUNDS ONE

AND TWO
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), Public Law 116-136, was signed by President Donald J. Trump on March 27, 2020, and made available Five Billion Dollars ($5,000,000,000) in U.S. Department of Housing and Urban Development (“HUD”) Community Development Block Grant Coronavirus (“CDBG-CV”) funds, to prevent, prepare for, and respond to the coronavirus pandemic (“COVID 19”); and
WHEREAS, the first allocation of CDBG-CV funds was based on the fiscal year 2020 entitlement formula, pursuant to which the City received an allocation of CDBG-CV funds in the amount of Five Hundred Forty-Two Thousand Five Hundred and Twenty-Nine Dollars ($542,529) (“CDBG-CV 1”); and
WHEREAS, HUD’s subsequent allocations of CDBG-CV funds were based on a formula for geographical areas that considered factors such as the risk of transmission of COVID-19, high numbers or rates of sheltered and unsheltered homeless, and economic and housing market conditions as determined by HUD,

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City of Hemet Resolution No. 2022-xxx
pursuant to which the City received Five Hundred Thirty-Five Thousand Seven Hundred and Seventy-Three Dollars ($535,773) for HUD’s third allocation of CDBGCV funds (“CDBG-CV 3”); and, WHEREAS, the City Council of the City of Hemet (“City Council”), on February 23, 2021, approved the Community Development Block Grant-Coronavirus (CDBGCV 3) Substantial Amendment to the 2020-25 Consolidated Plan and 2020/21 Annual Action Plan; and
WHEREAS, the City Council, on February 23, 2021, approved a program that would provide assistance to small businesses impacted by COVID-19 (“Hemet CARES Business Support Program”); and
WHEREAS, the City Council, on April 27, 2021, reconvened the CDBG-CV Ad Hoc Committee of Council Members Linda Krupa and Russ Brown to reallocate CDBG-CV 3 funds from a cancelled project; and
WHEREAS, the City Council, on June 22, 2021, approved the Community Development Block Grant-Coronavirus (CDBG-CV 3) Substantial Amendment to the 2020-25 Consolidated Plan and 2020/21 Annual Action Plan due to the reallocation of funds; and
WHEREAS, each eligible small business application must meet the Hemet CARES Business Support criteria with a score of 50 points and above, or qualify as a microenterprise; and
WHEREAS, the CDBG-CV Ad Hoc Committee met on June 21, 2021, November 18, 2021, and January 13, 2022, to review and evaluate the grant applications for the Hemet CARES Business Support Program; and

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City of Hemet Resolution No. 2022-xxx
WHEREAS, the Ad Hoc Committee recommended issuing grants to eighteen eligible applications, in the amount of Ten Thousand Dollars ($10,000) per grant application (“Hemet CARES Business Support Grant Awards”), totaling One Hundred and Eighty Thousand Dollars ($180,000.00) in CDBG-CV 3 funds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. The above recitals are all true and correct.

SECTION 2. The City Council accepts and awards the twenty Hemet CARES Business Support Grant Awards for Rounds One and Two as follows:

1. Golden Moon Fine Restaurant

2. Fiesta Party

3. Men's Trendz

4. DNA Services Unlimited

5. Willdebietz Musik Conservatory

6. Vero's Ice Cream

7. PK Bookkeeping

8. Paragon Traders, LLC/Meineke

9. Nanami Sushi Inc.

10. Baddiez Boutique

11. Jahz's Hair Salon

12. Empire Mobility

13. Alexia's Hair Studio

14. Harvard Street Bakery

15. Coast Home Inspections

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City of Hemet Resolution No. 2022-xxx

16. J & J's Cafe

17. GV Construction

18. Hoka Hey Crossfit Gym
SECTION 3. This Resolution shall take effect upon its adoption.

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City of Hemet 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 of Hemet 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: Krupa, Brown, Males, Mayor Pro Tem Meyer, Mayor Lilienthal
NOES: Council Members: None.

ABSTAIN: Council Members: None.

ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jan 25 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 Consolidated List of Proclamations for the Year of 2022
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 calendar year 2022 Proclamations List.

BACKGROUND:

The City Council holds its regular meetings on each calendar month's second and fourth Tuesdays and occasionally presents proclamations to observe various community groups and staff. In previous years, members of the City Council have requested to place proclamations on the City Council agendas and/or have issued proclamations on behalf of the City of Hemet. The purpose of discussion for such a list is to create continuity and availability of an official record and for the City Council to acknowledge, collectively as a legislative body, proclamations to be recognized by the City of Hemet.

ANALYSIS:

In accordance with the Ralph M. Brown Act, and to adhere to best practices, all members of the City Council must acknowledge and approve, collectively as a legislative body, proclamations to be recognized by the City of Hemet.

The City of Hemet City Council has the authority to approve a proposed consolidated list in an effort to promote consistency and continuity with previous years and to expedite the proclamation distribution process to the individual groups being recognized.

The consolidated list includes dates proclaimed or requested by members of the City Council in 2021, in addition to other special dates which the City Council may choose to recognize on behalf of the City

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of Hemet. The City Council has the authority to add or remove proclamations from the consolidated list as they desire.

Once the approved list is identified, staff will prepare the necessary proclamations to be included in the agenda backup and presented at a publicly noticed council meeting.

On January 11, 2022, Regular City Council Meeting, the City Council provided direction to staff to include language on the proposed Resolution that allows the recognition of individuals, groups, organizations, and special events under special circumstances on a case-by-case basis. Such special circumstances will include, but not be limited to, milestone events in which the City Council deems appropriate to recognize and proclaim on behalf of the City of Hemet DISCUSSION:

As proclamations emerge on future agendas, the new items will be added to the consolidated list of proclamations, which will then be brought back for discussion and consideration by the City Council on an annual basis. The City Council, as a legislative body, may also choose to remove or add any proclamations from the consolidated list.

The City Clerk's Department recommends approving the proposed consolidated list, in addition to any changes the City Council may desire, in an effort to improve organizational effectiveness and promote efforts to allow the various groups recognized to celebrate their proclamation, especially in time for their event date(s).

PREVIOUS COUNCIL ACTION:

The City Council has previously issued special presentations of proclamations to various community groups and staff on a meeting-to-meeting basis.

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.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ALTERNATIVE(S):

Do not adopt the Resolution and provide further direction to staff.

ATTACHMENT(S):

Attachment 1: Resolution - Proclamations
Attachment 2: Exhibit A - Proclamations Calendar 2022

15.A

15.A

City of Hemet Resolution No. 2022-008

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-008

A RESOLUTION OF THE

CITY COUNCIL OF THE

CITY OF HEMET,

CALIFORNIA, APPROVING

THE CONSOLIDATED LIST

OF PROCLAMATIONS
FOR THE YEAR OF 2022
The City Council of the City of Hemet, California
(hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council proclaims specific
days, weeks and months in observance for local,
national and international special events; and,
WHEREAS, the City of Hemet provides
proclamations intended for the recipient of individuals, groups, organizations or special events being
recognized by the City Council; and,
WHEREAS, in an effort to promote
organizational effectiveness, the consolidated list of
proclamations for the calendar year of 2022 will allow
individuals, groups and organizations to have access to future dates and proclamations in which the City
Council will recognize; and,

15.A

City of Hemet Resolution No. 2022-008
WHEREAS, the City Council may continue to
add dates of observance for individuals, groups,
organizations and special events to the consolidated list of proclamations; and,
WHEREAS, the City Council will continue to
have the authority to recognize individuals, groups,
organizations and special events that are not included
on the list, but instead will be recognized under “special circumstances”; and,
WHEREAS, the aforementioned “special
circumstances” will include, but not be limited to,
milestone events in which the City Council deems
appropriate to recognize and proclaim on behalf of the
City of Hemet; and,
WHEREAS, in accordance with the Ralph M.

Brown Act, and to adhere to best practices, all
members of the City Council must acknowledge and
approve, collectively as a legislative
body, proclamations by the City of Hemet.

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET FINDS, DETERMINES,
ORDERS AND RESOLVES AS FOLLOWS: Approve
the dates of observance as listed in Exhibit A, the
consolidated list of proclamations for the year of 2022.

15.A

City of Hemet Resolution No. 2022-008
PASSED, APPROVED AND ADOPTED this
11th day of January, 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:

15.A

City of Hemet Resolution No. 2022-008
_____________________________
John Paul Maier, City Clerk

15.A

City of Hemet Resolution No. 2022-008
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: Krupa, Brown,
Males, Mayor Pro Tem Meyer,
Mayor Lilienthal
NOES: Council Members: None.

ABSTAIN: Council Members: None.

ABSENT: Council Members: None.
_____________________________
John Paul Maier, City Clerk

15.A

15.A

Prospective Proclamations - 2022
Date Proclamation Title
Month of January National Volunteer Blood Donor Month
January 9, 2022 Law Enforcement Appreciation Day
January 17, 2022 Martin Luther King Jr. Day
January 27, 2022 International Holocaust Remembrance
Day
Month of February Black History Month
February 4, 2022 United Services Organizations Day
Month of March American Red Cross Heart Month
March 31, 2022 Cesar Chavez Day
Month of April DMV/Donate Life Month
April 22, 2022 Earth Day
Month of May Conservation Appreciation Month
Month of May Sikh Awareness and Appreciation Month
Month of May National Bike Month
Month of May Asian American & Pacific Islander Month
May 6 – May 12, 2022 National Nurses Week
May 15 – May 21, 2022 Public Works Week
June 19, 2022 Juneteenth
Month of July Parks and Recreation Month
Month of August National Back-to-School Month
August 26, 2022 Women’s Equality Day
Month of September National Preparedness Month
Month of September Suicide Prevention Month
Month of September Library Sign-up Month
September 11, 2022 Patriot Day
September 15 – October 15, 2022 National Hispanic Heritage Month Month of October Breast Cancer Awareness Month
Month of October Disability Employment Awareness Month
Month of October Adopt-A-Dog Month
Month of October Domestic Violence Awareness Month
Month of October Pride Month
October 2 – October 10, 2022* Water Professionals Appreciation Week October 9 – October 15, 2022 Fire Prevention Week
October 23 – October 31, 2022 Red Ribbon Week
Month of November Diabetes Awareness Month
Month of November Military Appreciation Month
November 11, 2022 Veterans Day
November 10, 2022 USMC 247th Birthday
December 3, 2022 International Day of Persons with
Disabilities
December 5, 2022 International Volunteer Day
*Denotes no established date.

15.A

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jan 25 2022
Department: City Attorney
Submitted by: Christopher Lopez, City Manager
Steven Graham, Interim City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols RECOMMENDED ACTION:

It is respectfully recommended that the City Council:
(1) Receive the report on the Council Protocols from the Council Protocols Ad-Hoc Committee with assistance from the City Manager and City Attorney;
(2) Review, discuss, and revise the Council Protocols as the Council deems appropriate; (3) Adopt a Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols, as amended if applicable.

BACKGROUND:

At the February 25, 2020 meeting of the City Council, the City Council created the Council Protocols Ad-Hoc Committee and the Mayor assigned Councilmembers Brown and Krupa (then serving as Mayor and Mayor Pro Tem respectively) to the Committee. The Committee has met diligently with the City Manager and City Attorney, as required since that time to develop the Council Protocols attached to this report.

ANALYSIS:

Beginning in January 2021, the City Council held several community meetings to discuss and develop the City of Hemet Strategic Plan. The purpose of the Strategic Plan was to ensure that the City of Hemet is a model of excellence in local government, providing a safe, well-planned community of equal opportunity for all. In particular, the Strategic Plan includes the following values:
• Open, honest, and representative form of democracy;

15.B

• Operating with the highest ideals of honor and integrity in order to merit the respect, trust, and confidence of the citizens of Hemet
• Acknowledging the Council's primary responsibility is to those who live, work, visit or otherwise come into contact with the City of Hemet
Of the five overarching goals, one that has received a significant amount of attention by the City Council in the following year has been an emphasis on Organizational Effectiveness, which includes the City Council adopting policies that provide consistency in governance and lessening of liabilities.

The Council Protocols included with this report intend on providing both a procedure for the Councilmembers to govern themselves effectively, but also to serve as a guide to members of the public in their interactions with the Council. The operation of local government is highly regulated, under state laws such as the Brown Act and Political Reform Act, along with FPPC regulations and common law provisions related to due process. By adopting the Council Protocols, the Committee seeks to not only summarize existing law, but elevate the operation of the Hemet City Council to a higher level of transparency and ethical decision-making.

DISCUSSION:

The Council Protocols contain a significant number of provisions, which are outlined below and summarized in the attached PowerPoint Presentation. The City Council is requested to review, discuss, and revise the Council Protocols as the City Council deems appropriate.

PREVIOUS COUNCIL ACTION:

On February 25, 2020, the Council Protocols Ad-Hoc Committee was formed and Councilmembers Brown and Krupa were appointed. The Committee has met regularly since then to develop the Council Protocols.

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 Council Protocols are designed to meet the Strategic Plan Goal of Organizational Effectiveness, which seeks to "identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability". Finalizing the Council Protocols is listed as an Action Item under Organizational Effectiveness in the Strategic Plan.

FISCAL IMPACT:

None
ALTERNATIVE(S):

In the alternative to adopting the Council Protocols, the City Council may elect to do any of the following:
(1) Refer the matter back to the Committee to incorporate the City Council's feedback into a future draft;

15.B

(2) Direct staff, including the City Manager or City Attorney, to draft language amending the Council Protocols and return at a future City Council meeting;
(3) Table the item and do not approve the Council Protocols.

ATTACHMENT(S):

Attachment 1: HMT - Council Protocols Resolution
Attachment 2: Hemet City Council Protocols Presentation Attachment 3: Hemet - City Council Protocols
Attachment 4: Rosenberg's Rules of Order

15.B

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2021-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA,

ADOPTING CITY COUNCIL PROTOCOLS
WHEREAS, the City Council of the City of Hemet, California, desires to operate in a transparent and efficient manner to give the public confidence in the City Council’s decision-making; and
WHEREAS, members of the Hemet City Council are required to comply with state ethics laws, conflict of interest regulations and disclosure, and all requirements related to open meeting laws; and WHEREAS, The City Council Protocols provides a procedure and guide for both the City Council and members of the public regarding important aspects of City Council protocol, responsibilities and activities.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, AS FOLLOWS:

SECTION 1. The City Council hereby adopts the City of Hemet Council Protocols, attached to this Resolution as Exhibit “A” and incorporated herein as though set forth in full.

PASSED, APPROVED, AND ADOPTED ON this _______________ day of __________________ . 2022.
________________________________
Malcolm Lilienthal, Mayor
ATTEST:
________________________________
John Paul Maier, City Clerk

15.B

Hemet City Council
January 25, 2022
City Council Protocols Subcommittee Report
Councilmembers Krupa and Brown
1

15.B

City
Council
Protocols
Report
The purpose of the City Council Protocols is
to document and formalize the way the
Hemet City Council does business. The
Protocols serve asa guide for members of
the public with business before the City
Council and as procedures for members of
the City Council.
2 The City Council Protocols
primarily support the Strategic
Plan goal of Organizational
Effectiveness.

15.B

City
Council
Protocols
Report
Relevant Strategic Plan Values:
 We believe in an open, honest, and
representative form of democracy.  We are dedicated to the highest ideals of honor and integrity in order to merit the
respect, trust and confidence of the citizens
of Hemet.
 We believe our primary responsibility is to
those who live, work, visit or otherwise
come in contact with our City. 3

15.B

City
Council
Protocols
Report
City Council Protocols Preamble
“The City Council for the City of Hemet
declares that residents, businesses, and City
staff of Hemet are entitled to have fair, open,
ethical, efficient and accountable local
government and that City officials should
continually strive to earn the public’s
confidence. Accordingly, Members of the City
Council must pledge to hold themselves and
each other responsible for observing the
standards set forth in these Protocols, and to
enforce these Protocols when necessary to
preserve the integrity of City government or
the public’s image of the City.”
4

15.B

City
Council
Protocols
Report
City Council Protocols Outline

1. Definitions

2. Settinga Higher Standard

3. Openness

4. Fairness of Process

5. Agenda Preparation

6. Council Committees

7. Appointments

8. Councilmember Administrative Support
5

15.B

City
Council
Protocols
Report
City Council Protocols Outline

9. Use of City Resources and Personnel

10. Use of City Council Chambers

11. Community Relations and Policies

12. Ethical Decision-making

13. Efficiency and Accountability

14. Interaction of Members

15. Enforcement

16. Failure to Observe Council Protocols
Appendixes
6

15.B

City
Council
Protocols
Report
Settinga Higher Standard
Section2
“By adopting these Protocols, the City
Council and each of its Members intends to
supplement and not to supersede
California’s existing legal framework
applicable to local governments. Similarly,
the City Council intends that these Protocols
will not merely restate existing legal
obligations, but will establisha higher
standard of conduct for Members in the
governance of the City…”
7

15.B

City
Council
Protocols
Report
Openness
Section3

3.1 Public Meetings shall be compliant
with the Brown Act

3.2 Serial Meetings are prohibited 3.3 Closed Session Discussions shall be confidential and held in
accordance with the Brown Act
8

15.B

City
Council
Protocols
Report
Fairness
Section4

4.1 Members shall base their decisions
on the facts and merits of the matter

4.2 Once an application for approval ofa
Development Project has been filed,
Members may only meet with person
pursuing the project ata noticed
public meeting of the Council, as
directed by the Council, or in the
presence of the City Manager or
designee.
9

15.B

City
Council
Protocols
Report
Fairness
Section4

4.3 Members shall disclose meetings,
site visits, and independent research
related to Development Project
approvals before the City Council. 4.4 Members shall preserve fairness and integrity by ensuring decorum during
City Council deliberations
10

15.B

City
Council
Protocols
Report
Fairness
Section4

4.5 Rosenberg’s Rules of Order is
adopted as the City Council’s
parliamentary procedure

4.6 Quasi-judicial hearings (which
includes most Development Project
hearings) are governed by the
attached rules regarding Quasi-
judicial hearings
11

15.B

City
Council
Protocols
Report
Agenda Preparation
Section5
Only the following may place items on City
Council agendas:

The City Council(5.4)
The Mayor(5.3)
The City Manager(5.2)
Council Subcommittees(5.5)
Individual members may not place items on
the City Council agenda(5.6)
12

15.B

City
Council
Protocols
Report
Council Committees
Section6
The City Council establishes Council
Committees(6.1) and the Mayor appoints
Members to the Council Committee(6.1.1)
Council Committees shall report on their
progress each month to the entire Council (6.1.1) and shall transmit their recommendations to the City Council(6.2).

The City Manager may assign staff to
support Committees as resources allow(6.3)
13

15.B

City
Council
Protocols
Report
Appointments
Section7
The Mayor appoints Members to the boards
of other public agencies(7.1) while keeping
in mind the best interests of the City,a fair
distribution of assignments, and any specific
knowledge held by individual Members
Each Member of the City Council shall have
the ability to review applications for,
interview, and nominate for City Council
ratification one member of each City
Commission
14

15.B

City
Council
Protocols
Report
Appointments– MeasureU
Section7
Following each general election, the City
Council will seta date for interviews and
appointment to the MeasureU Citizen
Oversight Committee.

The City Clerk will posta public notice witha
deadline at least 30 days before the
scheduled meeting soliciting applications to
the MeasureU Committee. The applications
will be provided to each Member of the City
Council at least 14 days before the meeting.
15

15.B

City
Council
Protocols
Report
Appointments– MeasureU
Section7
The City Council shall interview each
applicant, after which, each Member shall
individually rank the applicants
The highest ranked applicant from each
Member shall be deemed nominated, thus
ensuring that each Member has an
opportunity to nominate one person of their
choice. In the event two Members ranked the
same person first, either Member may
choose to nominate their second-highest
applicant until there are5 nominees
16

15.B

City
Council
Protocols
Report
Appointments– MeasureU
Section7
For the remaining2 MeasureU Committee
seats, the two applicants with the highest
average rank among all Members, who were
not otherwise nominated earlier, will be
deemed nominated
The City Council will vote to approve the
nominees. If any nominee is not approved by
the City Council, then any Member may
nominate another person until7 persons
meeting the residency requirements of
MeasureU have are appointed
17

15.B

City
Council
Protocols
Report
Appointments– MeasureU
Section7
The City Council shall interview each
applicant, after which, each Member shall
individually rank the applicants
The highest ranked applicant from each
Member shall be deemed nominated, thus
ensuring that each Member has an
opportunity to nominate one person of their
choice. In the event two Members ranked the
same person first, either Member may
choose to nominate their second-highest
applicant
18

15.B

City
Council
Protocols
Report
Appointments– Vacancies
Section7
Should any seat on the City Council become
vacant, the City Clerk shall notify the
Members and publisha public notice
soliciting applications fora period of 30 days
Following the application deadline, the Mayor
shall calla special meeting of the City
Council to consider the appointment of an
applicant to the vacated seat
19

15.B

City
Council
Protocols
Report
Administrative Support
Section8
Correspondence received will be processed
by staff unless marked personal or
confidential(8.1.1)
Correspondence from Members shall state
either the City Council’s adopted position on a matter, or clearly identify that this is the Member’s personal opinion or position (8.1.2)
20

15.B

City
Council
Protocols
Report
Administrative Support
Section8
Correspondence sent to the City generally
and related to Non-Agenda items will be
routed to City staff to drafta response(8.1.4)
Correspondence sent to the City generally
and related to Agenda items will be routed to
the City Clerk for incorporated into the
forthcoming meeting agenda packet(8.1.4)
Correspondence addressed to the Council or a Member will be routed to the Council or Member(8.1.4)
21

15.B

City
Council
Protocols
Report
Administrative Support
Section8
The Mayor is the spokesperson for the City
of Hemet and shall make representations on
behalf of the Council and sign letters
representing the official position of the City (8.2.1)
Members shall only use City letterhead and
the City Seal/Logo for official City business (8.2.2 and 8.2.3). Such correspondence will be copied to the entire Council. (8.2.5)
22

15.B

City
Council
Protocols
Report
Administrative Support
Section8
Members will be provided with non-City
letterhead stationary for communications,
which shall be mailed at the personal
expense of the Member(8.2.6)
The City Manager will prepare draft position
letters for the City Council when the Council
is asked to take an official position, for
Council approval ata subsequent meeting
(8.2.8) unless the matter is one of urgency, in
which case the Mayor may senda response
(8.2.9)
23

15.B

City
Council
Protocols
Report
City Resources and Personnel
Section9
City resources and personnel may not be
used for personal business(9.2)
Members may request City personnel appear
at outside events directly related to City
business(9.3.1) subject to the approval of
the City Manager
Members may request the City Manager
direct staff to perform research or the City
Attorney perform research(9.3.2 and9.3.3)
24

15.B

City
Council
Protocols
Report
City Council Chambers Use
Section 10
The City Council may designate any place
within its jurisdiction as the official Council
Chambers and their regular meeting place (10.1)
The Council Chambers may be used for
educational election forums, but shall not be
used for political or commercial purposes. (10.2)
25

15.B

City
Council
Protocols
Report
City Council Chambers Use
Section 10
City broadcasting capability shall be limited
to City Council, Planning Commission,
Advisory Bodies, and City-related emergency
or informational purposes(10.4)
26

15.B

City
Council
Protocols
Report
Community Relations
Section 11
The Mayor shall act as the ceremonial
representative of the City at public events (11.1) and if not available, the Mayor Pro Tem or any Member appointed by the Mayor
Proclamations may be requested and issued
by the City Council. Unique proclamations
should be requested at least4 weeks before
the Council meeting and routine
proclamations may be requested with less
time
27

15.B

City
Council
Protocols
Report
Community Relations
Section 11
Members participating in non-City organized
or sponsored events or organizations should
be clear that they are participating in their
individual capacity and not asa
representative of the City of Hemet.
28

15.B

City
Council
Protocols
Report
Ethical Decision-making
Section 12
Incorporates “Guidelines for Making Ethical
Decisions”
Encourages nonparticipation for both actual
and perceived conflicts
Includes prohibition on Members participating
in decisions that affecta contractor or vendor
that has madea campaign contribution to the
Member
29

15.B

City
Council
Protocols
Report
Efficiency and Accountability
Section 13
Members are prohibited from interfering in
the executive operations of the City
government, including directing staff to
perform tasks or directing the City Manager
related to personnel matters
30

15.B

City
Council
Protocols
Report
Interactions of Members
Section 14
Mayor is the Presiding Officer of the Council
and responsible for maintaining order and
decorum, as well as the City’s ceremonial
head of government and spokesman
Members shall maintain decorum at Council
meetings, dress professionally, and keep
discussions on topic
Members shall only use their titles when
conducting official City business or for
background/expertise purposes
31

15.B

City
Council
Protocols
Report
Enforcement
Section 15
Members shall signa statement affirming
they have read and understood the City
Protocols
The Council is responsible for monitoring and
take corrective action, including removal of an
offending Member from committees and other
governmental boards
32

15.B

City
Council
Protocols
Report
Enforcement
Section 15
Any person may makea complaint thata
Member has violated the Council Protocols,
which shall be investigated by the City
Manager
The City Manager shall report their findings to
the City Council fora determination. The
Council may dismiss the complaint, issuea
warning, reprimand the offending Member, or
(in the most serious cases) censure the
Member
33

15.B

City
Council
Protocols
Report
Failure to Observe
Section 16
The Council Protocols are procedural only
and the failure of the Council to adhere to the
Protocols will not invalidate any action taken,
nor providea private right of action
34

15.B

Discussion & Follow
-up
35

15.B

City Council
Protocols
City of Hemet

15.B

TABLE OF CONTENTS
Page
-i1. DEFINED TERMS.................................................................................................2

2. SETTING A HIGHER STANDARD WITHIN THE EXISTING
FRAMEWORK ......................................................................................................2

3. OPENNESS..........................................................................................................3

3.1 Public Meetings..........................................................................................3

3.2 Council Communications and Serial Meetings...........................................3

3.3 Closed Session Discussions......................................................................3

4. FAIRNESS OF PROCESS ...................................................................................3

4.1 Decisions on the merits..............................................................................3

4.2 Meetings with Applicants and Interested Persons. ....................................3

4.3 Disclose Meetings, Site Visits, and Independent Research.......................4

4.4 Decorum & Debate.....................................................................................4

4.5 Parliamentary Procedure: Rosenberg’s Rules of Order.............................4

4.6 Quasi-Judicial Hearings. ............................................................................5

4.7 Attentiveness at Meetings..........................................................................5

5. AGENDA PREPARATION & PLACING ITEMS ON THE AGENDA.....................5

5.1 Preparing the Agenda. ...............................................................................5

5.2 Agency Items – Placement by City Manager. ............................................5

5.3 Agenda Items – Placement by Mayor. .......................................................5

5.4 Agenda Items – Placement by Council. .....................................................6

5.5 Agenda Items – Placement by Council Committee....................................6

5.6 Agenda Items – Placement by Individual Members...................................6

5.7 Consultation Regarding the Draft and Posted Agendas. ...........................6

5.8 Matters Not Appearing on the Agenda.......................................................7

6. COUNCIL COMMITTEES.....................................................................................7

6.1 Purpose......................................................................................................7

6.2 Committee Recommendations...................................................................8

6.3 Staffing.......................................................................................................8

7. APPOINTMENTS..................................................................................................8

7.1 Appointments by Mayor to Other Public Agencies.....................................8

7.2 Appointments by Council to City Commissions..........................................9

15.B

TABLE OF CONTENTS
(continued)
Page
-ii7.3 Measure U Citizen Oversight Committee.................................................10

7.4 City Council Vacancies ............................................................................11

8. COUNCIL MEMBER ADMINISTRATIVE SUPPORT .........................................12

8.1 Processing Correspondence....................................................................12

8.2 Council Correspondence..........................................................................13

9. USE OF CITY PERSONNEL, EQUIPMENT OR RESOURCES.........................14

9.1 Overview. .................................................................................................14

9.2 Use of City Resources. ............................................................................14

9.3 City Manager Authorization......................................................................15

10. USE OF CITY COUNCIL CHAMBERS...............................................................16

10.1 Primary Purpose. .....................................................................................16

10.2 Calendar...................................................................................................16

10.3 Parameters...............................................................................................16

10.4 City-Owned and Operated Television and Broadcasting Capability. .......17

11. COMMUNITY RELATIONS AND POLICIES ......................................................17

11.1 Mayor to Act as Council Ceremonial Representative...............................17

11.2 Honoring Residents and Other Worthy Persons......................................17

11.3 Council Member Participation in Community Activities............................18

12. ETHICAL DECISION MAKING ...........................................................................19

12.1 Avoiding the Appearance of Impropriety..................................................19

12.2 Ethical Principles to Follow. .....................................................................19

13. EFFICIENCY AND ACCOUNTABILITY..............................................................22

13.1 Members Shall Not Interfere with Operations. .........................................22

13.2 Stay Out of Personnel Matters.................................................................22

13.3 Orders and Direction to Employees. ........................................................22

13.4 Staff Liaisons to City Commissions / Committees and Outside Agencies. .................................................................................................23

13.5 Operations and Service Levels. ...............................................................23

13.6 Political Solicitation and Activities. ...........................................................23

14. INTERACTION OF MEMBERS ..........................................................................23

15.B

TABLE OF CONTENTS
(continued)
Page
-iii14.1 Mayor. ......................................................................................................23

14.2 At Public Meetings. ..................................................................................24

14.3 Relations with Fellow Members. ..............................................................25

14.4 Public Communication and Appearance..................................................26

15. ENFORCEMENT ................................................................................................26

15.1 Member Responsibility.............................................................................26

15.2 Council Authority......................................................................................27

15.3 Violation of Oath of Office or the Law. .....................................................27

15.4 Violation of Protocols. ..............................................................................27

16. FAILURE TO OBSERVE COUNCIL PROTOCOLS............................................29 APPENDIX A – LEGAL FRAMEWORK & RESOURCES................................................1 APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS.............................1 APPENDIX C – ROSENBERG’S RULES OF ORDER....................................................1 APPENDIX D – EXPENSE REIMBURSEMENT FOR CITY COUNCIL ..........................1 APPENDIX E – Procedural Rules for Quasi-Judicial Hearings .......................................2

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PREAMBLE
The City Council for the City of Hemet (“City”) declares that residents, businesses, and City staff of Hemet are entitled to have fair, open, ethical, efficient and accountable local government and that City officials should continually strive to earn the public’s confidence. Accordingly, Members of the City Council must pledge to hold themselves and each other responsible for observing the standards set forth in these Protocols, and to enforce these Protocols when necessary to preserve the integrity of City government or the public’s image of the City.

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1. DEFINED TERMS
“Brown Act” means the California Ralph M. Brown Act; Sections 54950 – 54963 of Chapter 9, of Part I of Division 2 of Title 5 of the California Government Code as the Act or any of its sections or subparts may be amended from time to time. “City” means the municipal corporation and general law city incorporated as the City of Hemet, California.
“Council” means the City Council of the City of Hemet, acting through a majority of its Membership.
“Development Project” means those projects seeking or requiring a Specific Plan, Zone Change, Development Agreement, Density Bonus, Subdivision Tract Map, or a Conditional Use Permit for a sensitive use (i.e. adult business, massage parlor, etc.), or an industrial or commercial use having a building area of 20,000 square feet or more.
“FPPC” means the Fair Political Practices Commission established pursuant to Government Code Section 83100 et seq.
“FPPC Regulations” mean the rules and regulations promulgated by the FPPC to implement the Political Reform Act: Sections 18109—18997 of Division 6 of Title 2 of the California Code of Regulations.
“Members” mean all Members of the Council collectively. “Member” means each Member of the Council individually. “Political Reform Act” means the California Political Reform Act of 1974; Sections 81000 – 91014 of Title 9 of the California Government Code. “Serial Meeting” means a series of communications of any kind, by a majority of Councilmembers, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the City Council, as prohibited under Government Code section 59952.2.

2. SETTING A HIGHER STANDARD WITHIN THE EXISTING FRAMEWORK By adopting these Protocols, the City Council and each of its Members intends to supplement and not to supersede California’s existing legal framework applicable to local governments. Similarly, the City Council intends that these Protocols will not merely restate existing legal obligations, but will establish a higher standard of conduct for Members in the governance of the City. Members are referred to Appendix “A” (Legal Framework & Resources) for pertinent resources. Members are expected to be familiar with and to seek guidance about the applicability of the legal framework.

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3. OPENNESS
Openness or transparency in decision making is of the utmost importance in maintaining ethical, representative local governance. Members shall adhere to the following standards:

3.1 Public Meetings.

Members shall make it a priority to hold public meetings in accordance with the Brown Act. Members shall seek guidance from the City Attorney as to the accepted interpretation of Brown Act requirements and shall apply those provisions broadly in favor of the public’s right to participate in public decisions.

3.2 Council Communications and Serial Meetings.

Communications between Members shall be conducted in accordance with the Brown Act. Members shall not engage in “serial meetings” with colleagues – a discussion of City issues among a majority of Members either collectively (i.e., all meeting together) or in a sequence (A talks to B who talks to C). Members shall not use other persons as intermediaries to accomplish a serial meeting or to circumvent the Ralph M. Brown Act.

3.3 Closed Session Discussions.

As part of a properly agendized meeting, Members may only hold sessions closed to the public, at advisement of the City Attorney, in accordance with the commonly accepted interpretation of Brown Act requirements. Discussions held in closed session are to be directly limited to the matter at hand. Such discussions, along with materials reviewed, are confidential and shall not be disclosed except as the City Attorney may advise.

4. FAIRNESS OF PROCESS
Members shall comply with the meeting and hearing procedures set forth by Council Ordinance or Resolution. Additionally, in order to cultivate an environment of fairness and to encourage public confidence in City decisions, Members shall adhere to the following standards of conduct:

4.1 Decisions on the merits.

Members shall base their decisions on the facts and merits of each matter, not upon personal or other biases, and shall strive to make decisions that are in the best interests of the community as a whole.

4.2 Meetings with Applicants and Interested Persons.

Except as provided below, a Member may meet and/or communicate with any person interested in a Development Project at any time before or after the filing

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of an application for the Development Project. All meetings and communications must be in compliance with the Brown Act.

After an application for an approval or permit has been filed with the City relating to the Development Project, Members shall only meet and communicate with the project applicant and/or owners (including their agents, representatives and contractors) with regard to the Development Project as part of a noticed and agendized Council meeting, as may otherwise be directed by Council (e.g., at an ad hoc Committee meeting), or in the presence of the City Manager or his/her designee.

4.3 Disclose Meetings, Site Visits, and Independent Research.

Prior to any Council deliberations regarding a Development Project at a noticed Council meeting, Members shall publicly disclose information about the Development Project that they have obtained from sources other than those presented in the staff report. For example, Members should disclose meetings with the project owner, property owner and/or applicant, the Members own site visit, communications received from members of the public, or interested parties concerning the project. Disclosure is required to provide for transparent decision making and to share information the other Members and the public that may influence their decision or that of Members.

4.4 Decorum & Debate.

To ensure the fairness and integrity of the deliberative process, the presiding officer shall preserve decorum and conduct meetings in an orderly manner consistent with Council Resolution 4545, as it may be amended, or repealed and replaced, from time to time.

Members are encouraged to ask probing questions, engage in debate, and challenge assertions where necessary in making decisions. However, Members agree to conduct themselves in a manner that is civil, polite and respectful, exhibiting courtesy and respect to their fellow Members and the public. Members shall refrain from unnecessarily interrupting speakers and shall not engage in abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City staff and/or the public.

4.5 Parliamentary Procedure: Rosenberg’s Rules of Order.

Except as may otherwise be adopted by Council or as may otherwise be provided by applicable provisions of state law or federal law or the State or Federal Constitutions, the conduct of Council meetings shall be governed by the system of parliamentary procedures set forth in the latest revised edition of Rosenberg’s Rules of Order. Irregularities or mistakes in the application or practice of such order or parliamentary procedures in general shall not invalidate an otherwise legal decision or action of the Council. Members are referred to Rosenberg’s Rules appended hereto as Appendix “C” for reference.

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4.6 Quasi-Judicial Hearings.

Except as may otherwise be adopted by Council or as may otherwise be provided by applicable provisions of state law or federal law or the State or Federal Constitutions, the conduct of quasi-judicial hearings shall be governed by the rules set forth in Appendix “E” attached hereto.

4.7 Attentiveness at Meetings.

Members shall remain attentive to the business at hand at Council and Committee meetings. Members shall not communicate via phone calls, text messages or e-mails from the dais regarding any matter that is currently being considered by the Council. Members shall place cell-phones and other communication devices in “off” or “silent” mode unless being used to review the agenda, staff reports or other pertinent information. Members shall refrain from side-bar conversations with other Members while at the dais.

5. AGENDA PREPARATION & PLACING ITEMS ON THE AGENDA

5.1 Preparing the Agenda.

The Brown Act requires that no action may be taken by Council outside of a properly noticed and agendized public meeting. The City shall adhere to the requirements of the Brown Act in noticing Meetings and in preparing, posting and providing agendas for Council meetings. Prior to agenda posting, a draft agenda shall be prepared by the City Manager and City Clerk in consultation with the City Attorney and the City’s Department Heads.

5.2 Agency Items – Placement by City Manager.

Subject to the authority reserved to the Council in 5.4, below, the Council authorizes the City Manager to prepare and place such items on the agenda for each Council meeting, whether regular, special or emergency, as the City Manager reasonably determines to be necessary for the orderly management and operation of the City. The City Manager shall also have authority to remove items from the agenda or to reschedule items to subsequent Council meetings.

5.3 Agenda Items – Placement by Mayor.

Subject to the authority reserved to Council in Section 5.4 below and the authority of the City Council as a whole to control its agenda, the Council authorizes the Mayor to place such items on the agenda for each Council meeting, whether regular, special or emergency, as the Mayor reasonably determines to be necessary for consideration by Council. The Mayor shall consult with the City Manager in advance of the agenda publication deadline regarding such items to ensure they are ready for Council discussion, do not unduly interfere with other City Council business, and that Brown Act requirements may be met.

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5.4 Agenda Items – Placement by Council.

Future Agenda Items. The agenda for each regular Council meeting shall designate a place for Council to identify “future agenda items” which the Council, by the affirmative vote of a majority of its Membership, may direct the City Manager to place on the agenda of a future Council meeting, and may specify the relative priority of the item along with date or time frame within which the item shall return to Council for study, discussion, or action. The items must be items of City Business or other items relevant to the City including without limitation informational presentations or ceremonial items.

5.4.1 Further Work on Existing Item. The Council may by the affirmative vote of a majority of its Membership, direct the City Manager to place items related to or in furtherance of an existing agenda item on a future agenda of the City Council to study, discuss, or act.

5.5 Agenda Items – Placement by Council Committee.

Where a Council Committee (whether standing or ad hoc) has been established as provided for in these Protocols, the Council Committee, is authorized to direct the City Manager to submit an update, report, and/or recommendation of the Council Committee, directly related to its subject jurisdiction on an upcoming agenda of the Council either as an update report, a study item or an item for discussion and action.

5.6 Agenda Items – Placement by Individual Members.

Individual Members may not direct the City Manager to place an item on a future Council meeting agenda. Individual Members may consult with and recommend to the City Manager items of City Business that they desire to be included on an agenda. However, Members are encouraged to utilize the process identified in Section 5.4 to place matters on a Council agenda.

5.7 Consultation Regarding the Draft and Posted Agendas.

Each Member is encouraged to schedule time with the City Manager to review the draft agenda for an upcoming meeting for the purpose of preparing for the meeting and having an opportunity to ask questions and obtain desired facts in advance of the meeting or to have such available at the meeting. Members are encouraged to identify to the City Manager and/or City Attorney any questions or additional information they desire related to any item on the posted agenda as soon as possible before the holding of a regular or special meeting, so as to provide the City Manager or City Attorney sufficient time to adequately address the question or request.

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5.8 Matters Not Appearing on the Agenda.

No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless it falls under a noted exception within the Brown Act (i.e. item of subsequent need or emergency item). However, where an item has been raised by a member of the public during the public comment period, a Member may, ask the speaker for additional information or for contact information. The Member may also inquire of the City Manager about the topic, or the Council may direct the City Manager to review the matter and report back at a subsequent meeting or to have the appropriate Department Head following up with the speaker.

6. COUNCIL COMMITTEES

6.1 Purpose.

From time to time, the Council will find it desirable to create a Committee of the Council consisting of two of its Members. These Committees are typically formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances these are standing Committees subject to the agenda and open meeting requirements of the Brown Act and in other instances these are ad hoc Committees that are not open to the public. In order for the Committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by Committees.

6.1.1 Appointment.

Council Committees shall be appointed by the Mayor. Committee Members shall be promptly notified of their selection and the scope of the Committee assignment. The Mayor shall designate the term of the Committee and identify whether it is a standing appointment (on-going) or a short-term (ad hoc) assignment.
a) Standing Committee.

Standing Committee is a Committee that has a continuing subject matter jurisdiction or has a meeting schedule that is fixed by the Council and must comply with the same agenda and meeting requirements as does a full meeting of the Council. Standing Committees may include staff members or members of the public as Members of the Committee.
b) Ad Hoc Committee.

Ad Hoc Committee is a Committee that has a specific purpose and limited duration, does not have a continuing subject matter

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jurisdiction, and does not have a meeting schedule that is fixed by the Council. Ad Hoc Committees may only include two Council Members as Members, but may request that the City Manager provide certain staff members to assist the Committee.
c) Committee Meetings.

Council Committee meetings shall be scheduled at times which allow for each Member to attend. Each Member should make an effort to accommodate the Committee meeting schedule. The schedule of Committee meetings shall be promptly communicated to each Committee Member. Individual Committee Members shall not meet with other citizens or organizations during a fact finding process or any other reason associated with the scope of the Committee’s purpose without first notifying all other Committee Members.
d) Communications.

Committee Members are obligated to keep the full Council well informed of the Committees’ meetings and work and shall report to the full Council at least once per month either by written or oral report offered at a regular Council meeting.

6.2 Committee Recommendations.

Generally, Committee Members should reach agreement on findings and recommendations to present to the City Council. When the opinions of Committee Members are divergent, each Member may submit his/her findings and recommendations separately to the City Council. Although written minutes of each Committee meeting are not required, Committee findings and recommendations should be presented to the City Council in a written document.

6.3 Staffing.

The City Manager may assign staff to Committees for the purposes of administrative services, to attend Committee meetings, and to assist with Committee presentations to the City Council, as staff are available for such tasks.

7. APPOINTMENTS

7.1 Appointments by Mayor to Other Public Agencies.

The Mayor shall at least annually or as more often as is reasonably necessary, appoint Members to positions (including alternates) with other governmental entities (e.g., Hemet / San Jacinto Water Master; Riverside Transit Agency; WRCOG, RCTC, etc.), and other public oriented organizations on which the City is entitled to positions (e.g., voting delegates at the League of California Cities).

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In making these appointments, the Mayor shall be mindful of the best interests of the City, of creating a fair distribution of assignments among the Members, and any specific knowledge or interest expressed by Council Members as may be appropriate under the Brown Act.

7.2 Appointments by Council to City Commissions.

Except for those committees, boards, and commissions (collectively referred to herein as “City Commissions”) that have an alternative procedure, such as the Measure U Oversight Committee, which is governed by the terms of Measure U adopted by the voters of Hemet and Section 7.3 below, all appointments to City Commissions shall be through the following process:

Each Commission seat shall be assigned a number 1 through 5 each corresponding to a separate Member’s District.

When a Commission seat becomes vacant, or in advance of the current term of an appointee expiring, the City Clerk shall provide notice to the public as provided under the Maddy Act soliciting for interested persons to submit completed applications to the City Clerk. The City Clerk may group several vacant or expiring seats in one public notice.

The above does not prohibit a Member whose Commission appointee seat(s) become vacant or are expiring, from directly communicating with potential applicants within their District or the City at-large (or sphere of influence where allowed by City Ordinance) and encouraging them to submitting an application for their open seat(s).

All applications for a particular Commission seat, received by the City Clerk on or prior to the submittal deadline, shall be provided to the relevant Member for review and consideration.

Within the time specified by the City Clerk, the Member may conduct any interview or meeting process determined best in their own judgement. The Member is encouraged contact the City Department Head assigned to the Commission to discuss the specific knowledge, skills, experience or other traits, that may be helpful in serving on the Commission
The Member shall then nominate and submit the name of one person per Commission seat assigned to them for ratification by the City Council. No Commissioner may be seated without their appointment first being ratified by a majority of the members of the City Council voting at a duly noticed regular City Council meeting.

Notwithstanding the expiration of a term, any person appointed to a Commission shall continue to serve until a successor is appointed or the seat is otherwise vacated.

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7.3 Measure U Citizen Oversight Committee

7.3.1 Qualifications. The Measure U Citizen Oversight Committee (“Committee”) is composed of seven members. All members of the Committee must be either:
(a) a resident of the City of Hemet;
(b) a resident of the City of Hemet’s Sphere of Influence; or (c) own a business having its primary offices located within the City of Hemet.

7.3.2 Applications.
(a) On or about the first regular meeting of December of each evennumbered year, the City Council shall set a future meeting date for interviews and consideration for appointment to the Committee. (b) The City Clerk shall thereafter post a public notice soliciting applications to the Committee with the deadline for returning applications set at least thirty days prior to the date set by the City Council for interviews. All applicants for appointment or reappointment must fill out a City of Hemet Measure U Citizen Oversight Committee application as approved by the City Council. The City Clerk shall transmit the applications to the members of the City Council at least fourteen days prior to the date set by the City Council for interviews and consideration of appointment to the Committee.

7.3.3 Appointment.
(a) On the day and time set by the City Council for interviews and consideration of appointment to the Committee, the City Council shall interview each applicant. Each City Councilmember shall then rank the applicants in order of preference.
(b) The top-ranked applicant for each City Councilmember shall be deemed nominated to the Committee. In the event two or more Councilmembers have the same applicant as their top-ranked applicant, then either Councilmember may elect to nominate their second ranked applicant, if not already nominated.
(c) The City Clerk shall then tally the remaining applicants, and the applicants receiving the highest ranks who were not nominated in the manner described above shall be deemed nominated to the Committee until there are seven nominations.

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(d) The City Clerk shall then verify that the seven nominations contain a sufficient number of residents of the City of Hemet (a minimum of four).

If a sufficient number of residents have been nominated, the City Clerk shall read the names of the seven nominees to the Committee and the City Council shall vote whether to approve the nominations to the Committee.
(e) If there are fewer than four residents nominated to the Committee through the process described above, or in the event that the City Council does not approve any of the applicants nominated in the process described above, the City Council may receive nominations from City Councilmembers and vote upon such nominations until seven applicants have been appointed to the Committee.
(f) The foregoing shall not be construed to limit the authority of the City Council to appoint any qualified person to the Committee or require the appointment of any person. The purpose of this section is only to describe the process by which nominations to the Committee will be considered by the City Council.

7.4 City Council Vacancies
Consistent with state law, the preference of the City Council is to fill any vacancy that may occur on the City Council by appointment rather than incur the costs of calling a special election. Therefore, to ensure that the City Council has adequate time to receive and consider applications for appointment, the following actions shall be taken in the event a vacancy occurs on the City Council:

7.4.1 The City Clerk shall immediately notify the remaining members of the City Council of any vacancy that occurs.

7.4.2 The City Clerk shall publish a Notice of City Council Vacancy in a newspaper of general circulation for the City of Hemet stating that the City Council is seeking applications for appointment to fill a vacancy on the City Council. The notice shall state the length of the term to be filled, the deadline by which applications must be received, and the date by which an appointment must be made. Applications will only be considered from applicants who meet the residency and voter registration requirements of the Hemet Municipal Code for the district in which the vacancy exists. The deadline for receiving applications shall be no later than thirty (30) days after the vacancy occurs.

7.4.3 The application may request the applicant provide such information as the City Council may desire, and amend from time to time, but shall include the applicant’s name, age, primary residence address for the previous thirty (30) days, whether applicant is a registered voter, and a certification from the applicant that all information contained in the application is true and correct.

7.4.4 Following the application deadline, the Mayor shall call a special

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meeting of the City Council for consideration of appointing any applicant the City Council determines qualified to fill the vacancy. If an applicant is appointed by the City Council, the applicant shall immediately take the oath of office and subsequently assume the duties as prescribed.

8. COUNCIL MEMBER ADMINISTRATIVE SUPPORT

8.1 Processing Correspondence.

8.1.1 When incoming correspondence (whether in writing or by email or other electronic format) is received addressed to a Member, it is opened by staff and placed in Member’s mailbox. Correspondence Mail marked “personal” or “confidential” shall be provided to the Member unopened.

8.1.2 Correspondence sent from the full Council or a Member regarding City projects, programs, actions, or issues must reflect the position of the Council (i.e. determined by not less than a majority of the Council’s Membership), unless the Member clearly identifies that they are stating their own personal opinion or position regarding the matter.

8.1.3 If a Member desires staff action regarding individually received mail, such as having it listed on the agenda or requesting a response from staff, the Member shall submit the request to the City Manager.

8.1.4 Types of Correspondence.
a) General Correspondence (Non-Agenda Items).

If the correspondence relates to a City matter not on a forthcoming agenda, it is routed by the City Manager to the appropriate Department Head or staff member who may draft a response with copies to Council Members and appropriate staff members. b) City Council Meeting/Agenda Related Correspondence.

If the correspondence relates to an item on a forthcoming City Council meeting agenda, it is provided to the City Clerk for inclusion in the Council packet for that business item and copied to the City Manager and appropriate staff members.
c) Correspondence Addressed to a Member.

If the correspondence is addressed to the full City Council or an individual Member, then it shall be routed directly to the full Council if so addressed or to the individual Member as the case may be.

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8.2 Council Correspondence.

8.2.1 Mayor is Spokesperson. When appropriate, the Mayor shall make representations on behalf of the entire Council as provided at a Council meeting, and shall sign any letters representing the official position of the City Council.

8.2.2 Use of City Letterhead. Members shall only use City letterhead for the purpose of corresponding as a matter of official City business or matters within the scope of the Member’s official duties as a Council Member.

8.2.3 Use of City Seal & Logos. Members shall adhere to the City’s ordinance and polices regarding use of the City Seal and Logos.

8.2.4 Additional Restrictions on Use of City Letterhead, Seal & Logos. In addition to the restrictions by City ordinance or policy, Members shall not use City letterhead, City Seal or Logos, or other City resources where doing so would create the appearance of impropriety, including without limitation:
a) Using public office for personal gain or to promote personal business,
b) Giving preferential treatment to any person or group, c) Pursuing primarily personal interests or purposes,
d) Impeding governmental responsiveness or efficiency.
e) Use for Member campaign purposes.

8.2.5 Response Copied to Council. All Council Member
correspondence using City letterhead shall be copied to the full Council, to be received and filed at the next regularly scheduled meeting. For example, responses to citizen letters shall be copied to the full Council along with the original citizen correspondence.

8.2.6 Personal Correspondence.

Upon request, City Council Members shall be provided individual non-City letterhead stationery and envelopes for use in communications. These communications (including e-mail responses) shall be prepared by and sent at the expense of individual Council Members. Council Members may

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utilize the City's outgoing mail service; however, postage shall be at the Council Member’s expense. Personal correspondence to or from Council Members do not require listing on the City Council agenda.

8.2.7 Correspondence Responding to Proposed County, State or Federal Legislation.

A request to the City to take a position on County, State, or Federal Legislation or regulations from a Member or recognized organization shall be brought to the City Manager who shall place the request on the agenda for the next available Council meeting. The City Manager shall provide a proposed position letter or resolution for Council consideration at the meeting. A vote of the majority of Council Membership shall be required for the City to take a position on the legislation or regulation. At the direction of Council, the City Manager shall send the letter or resolution to the organization or governmental entity.

8.2.8 Urgency Matters.

If the proposed legislation or regulation is considered by the City Manager or Mayor to be extremely beneficial or extremely detrimental to the City’s interests, a letter may be prepared immediately for the Mayor’s signature, with copies being provided to the whole Council.

This procedure is particularly appropriate if the City’s position is similar or identical to a past City position on this matter and/or is consistent with the position taken by the League of California Cities.

9. USE OF CITY PERSONNEL, EQUIPMENT OR RESOURCES

9.1 Overview.

The City has a great many complex services, programs and projects being carried out at the direction of the Council. The orderly management and control of these programs and projects are essential to the effective and efficient accomplishments of these efforts. The Council’s role is to provide policy direction and the role of the City Manager is to organize and carry out the policies.

Effective management and control require Council and professional staff to maintain their respective roles. The following rules and procedures are designed to help assure clear direction and efficiency of City operations.

9.2 Use of City Resources.

State law prohibits the use of City personnel or other public resources for any personal use or personal business and other non-City activity by elected or appointed official of which said use is not directly related to City business.

Member campaign activities are considered personal and not City business.

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9.3 City Manager Authorization.

9.3.1 Outside Activities.

The use of City personnel or other resources for outside activities which are directly related to City business, such as JPAs or recognized community groups, requested by an individual Member shall be considered by the City Manager and approved at the City Manager’s discretion or by the Council as an agendized item at a regular public meeting. Prior to volunteering or encouraging the use of staff for an issue of a Council Committee, ad hoc Committee, neighborhood meeting, regional board, the board of another jurisdiction, or other activity, a Member shall confer with the City Manager, the latter of whom shall determine if it conforms to Council policy or if it is necessary to present the request for staff use to the Council at a City Council meeting.

9.3.2 Requests for Research or Information from City Staff.

Council Members shall make their request for services or information to the City Manager and not directly to City staff. The individual Member may make his/her request orally or in writing to the City Manager. The use of City staff to respond to an individual Member’s request for any purpose that is likely to exceed two (2) hours of total staff time must be approved by the majority vote of the Council Membership. The City Manager shall provide an estimate of the cost and how the request affects the Council’s goals and projects. This request shall then be agendized at a regular Council meeting for Council consideration. Members should be mindful of limited staff and City resources.

9.3.3 Request for Research or Information from City Attorney.

Council Members may request information or research from the City Attorney on a given topic directly when it is anticipated that the request can be completed by the City Attorney in less than an hour. Requests for legal review that are anticipated to take more than one hour to complete shall be directed to the Council for consideration during a Council meeting.

Requests for new information or policy direction shall be brought to the full Council at a regular meeting for consideration.

9.3.4 Requests from Public.

Requests from the public (including governmental entities) for information whether directly or to Member or City staff shall be treated as a public

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records request and handled in accordance with the City’s policies and the Public Records Act.

10. USE OF CITY COUNCIL CHAMBERS

10.1 Primary Purpose.

The City Council may designate any location within the City of Hemet that meets the requirements of the Brown Act as its regular meeting place and such location shall be known as the City Council Chambers. The primary purpose of the City Council Chambers is for meetings of the City Council, and may be used for meetings of the Planning Commission, Infrastructure Commission, other City Council advisory bodies, and Task Forces established by the Council or City Manager for City business, as may be convenient or appropriate. The Council may consider other uses of the Chambers consistent with the provisions set forth below.

10.2 Calendar.

A calendar of use shall be maintained by the City Clerk’s office, and all requests for use should be regularly calendared or scheduled through that office.

10.3 Parameters.

10.3.1 The City Council Chambers shall not be used for political or commercial purposes except as outlined herein. The City shall allow the use of the Council Chambers for the conduct of educational election forums, whether for city, county, state, or national offices/ballot measures, if all of the following conditions are met:
a) The forum is not a campaign event, rally or activity, or political fundraising event; and
b) The forum is open to the public; and
c) The forum is for educational purposes, which may include candidate debates or meetings with the community; and
d) When the event is chaired and moderated in an impartial and objective way which is fair to all candidates/ballot measures.

10.3.2 Special Rules for Ballot Measures.

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a) In accordance with Government Code Section 54964, staff shall ensure that any use of City funds to promote or host a forum on any ballot measure complies with the following requirements: (1) any use of funds for informational activities related to the forum is not prohibited by the Constitution or laws of the State of California, and (2) any informational materials provided through the use of City funds constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. In accordance with Government Code
Section 54964, staff shall also ensure that City funds are not used for the purpose of supporting or opposing the election or defeat of any candidate.

10.4 City-Owned and Operated Television and Broadcasting Capability.

Use of City-owned and operated television and broadcasting capability shall be limited to broadcast of City Council, Planning Commission, and other City advisory body meetings, and for City-related emergency or informational purposes as authorized by the City Manager. Use of the video broadcasting system by an outside agency is not allowed except with the permission of the City Council at least two weeks prior to the event. If such use is granted it is subject to appropriate personnel – equipment – overhead charges as established by the City Manager.

11. COMMUNITY RELATIONS AND POLICIES

11.1 Mayor to Act as Council Ceremonial Representative.

The Mayor has been delegated the responsibility to act as the City Council’s ceremonial representative at public events and functions. In the Mayor’s absence, the “Mayor Pro Tem” assumes this responsibility. In both the Mayor and Mayor Pro Tem’s absence, the Mayor shall appoint another Member to assume this responsibility.

11.2 Honoring Residents and Other Worthy Persons.

It is the policy of the City Council to honor people and organizations who have contributed to the improvement or to the welfare of the City. Recommendations may be made by citizens to an appropriate Commission, Board, or Committee or directly to the City Council. The City Council may request the advice of a Commission, Board or Committee to determine merit or, if desirable, to hold a public hearing prior to a formal dedication. Recognition may also be given to individuals for their personal achievement or for enhancing the image of the City.

The accolades could include awards, certificates, resolutions or proclamations. In addition, perpetual plaques or awards can be bestowed on individuals.

11.2.1 Proclamations and Resolutions of Support.

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If any person requests a proclamation or resolution of support for any person or organization, the following procedure should be followed:
a) Incoming requests for proclamations or resolutions of support shall be provided to the City Manager, or their designee, in writing at least four (4) weeks prior to the Council meeting date and should include the draft content of the proclamation or resolution. Content may be changed
after submission at the discretion of the City Manager. The matter shall then be scheduled for an upcoming City Council meeting for approval, and may thereafter be presented by the Mayor at the Council meeting or an event, or be picked up/mailed. In the event that the Mayor is unable to attend an event, the “Mayor Pro Tem” or a Member may attend on
behalf of the Council.
b) If a request for a proclamation or resolution is submitted with insufficient content, the requestor should be contacted and advised that a certificate of recognition is more appropriate for the occasion.
c) If a request for a certificate of recognition is submitted with insufficient content that requestor should be contacted to provide additional information about the request.
d) Certain requests for recognition are considered routine in nature and may be processed by the City Manager in
whatever manner deemed appropriate, without the need for the four (4) weeks advance notice discussed above. Such routine requests include, but are not limited to Student of the Month, New Business Recognitions, Recognition of certain days/weeks/months to coincide with their customary
observance (a standing list of which may be approved by the Council and updated as the Council directs) and recognition of significant life events for Hemet residents (e.g.,
recognition of Centenarians, 50-year anniversaries) and retirements of City staff following significant years of service. e) If a request for a perpetual plaque or award is submitted, or if a request for dedication of a municipal building, room, or facility, is submitted, the request shall be directed to Infrastructure Commission for public hearing consistent with the City’s naming policy. If after the public hearing the Infrastructure Commission recommends dedication to the
Council, the Council shall hold a public hearing prior to taking action on the dedication request.

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11.3 Council Member Participation in Community Activities.

From time to time, Members may choose to participate in non-city organized or sponsored organizations, activities, committees, events, and task forces. When a Member participates in these types of activities, the Member is not acting on behalf of the City Council. Members may identify themselves as Members of the Council, but must indicate that they are acting as an individual Member, rather than representing the Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Member as its representative to the organization or for the activity.

12. ETHICAL DECISION MAKING
Members shall observe the highest standards of ethical conduct in dealing with the community and carrying out their official duties. In every action and decision, Members should avoid even the appearance of impropriety and are strongly encouraged to apply the guidelines for “Making Ethical Decisions” provided below.

12.1 Avoiding the Appearance of Impropriety.

12.1.1 Making Ethical Decisions.

Members are referred to Appendix “B” (Guidelines for Making Ethical Decisions) for the process Members are encouraged to utilize in making City related decisions.

12.1.2 Council Members May Need to Refrain From Participating.

Conflict-of-interest issues are complex and opaque to the public. Some situations are not “legal” conflicts of interest, but may nevertheless pose the “appearance of impropriety” to the public. In such situations, the Member should not participate in the matter.

12.1.3 Smell Test.

Council Members shall do an ethical “smell check” or “gut check” regarding the matter. What is your conscience telling you?

12.1.4 Assistance.

To assist in making a decision not to participate, Members should consult the Guidelines for Making Ethical Decisions (below), the City Attorney or the FPPC helpline, and/or their constituents.

12.2 Ethical Principles to Follow.

12.2.1 Be a Good Steward.

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Good stewardship of the public’s interest must be the Member’s primary concern.

12.2.2 The Common Good.

Members shall work for the common good of the citizens and not for any private gain, political advantage or personal interest.

12.2.3 Fairness and Equity.

Members shall treat all members of the public and issues before them in a fair and equitable manner.

12.2.4 Impartiality.

Members shall be independent of special interests and impartial in decision making.

12.2.5 Avoid Personal Interests.

Members are prohibited from using their official positions to influence decisions in which they have a personal financial interest, are members of an interested organization, or have a personal relationship that would be affected.

12.2.6 No Personal Gain.

Members shall not take advantage of, or use, public property and equipment, public services, confidential public information, public resources, or other opportunities afforded by their office, for personal gain.

12.2.7 Appearing Before Council.

Members shall not appear before the City Council or other City Board or Commission representing any private interest or community group.

Council Members are permitted to speak as a member of the public on any matter that affects them personally, but may not participate in the matter as a Member.

12.2.8 Gifts.

Members shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence, or the appearance that they are independent and unbiased.

12.2.9 Campaign Contributions.

As an integral part of running for an elective office, Members have a right to receive campaign contributions, to the extent and as allowed by law.

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Members should review and become familiar with the City’s local campaign contribution limitation.

12.2.10 Conflict where Campaign Contribution Received.

No Member shall not participate in any City decision or action where the Member has accepted a campaign contribution from any Contractor, Vendor or Developer that has a direct interest in the decision or action, within the past twelve (12) months unless the Member’s participation would be legally required pursuant to Section 18705 “Legally Required Participation” of the FPPC Regulations.

For the purposes of this section, "Contractor" and "Vendor" means any person or entity who has an existing contract, agreement, or other arrangement to provide the City with goods, services, or other items, or who has an interest in or expectation of obtaining such a contract, agreement or arrangement in the future. The terms “Contractor” and “Vendor” include agents and representatives of the Contractor or Vendor, and where the Contractor or Vendor is a business entity, includes all owners, principals, shareholders, partners (whether general or limited), members, officers, directors, and managers.

Example: Member A received a $250 campaign contribution from Contractor X during the most recent election eight (8) months ago. The City Council is now being asked to vote on an amendment to the agreement with Contractor X. Because Member A received a campaign contribution within the past twelve (12) months, Member A would be prohibited from participating in the decision on amending the contract.

For the purposes of this section, "Developer" means any person or entity who is currently seeking, or who has an interest in or expectation of seeking from the City a Specific Plan, Zone Change, Development Agreement, Density Bonus, Subdivision Tract Map, or a Conditional Use Permit for a sensitive use (i.e., adult business, massage parlor, etc.), or an industrial or commercial use having a building area of 20,000 square feet or more. "Developer" includes agents and representatives of the Developer, and where the Developer is a business entity, includes all owners, principals, shareholders, partners (whether general or limited), members, officers, directors, and managers.

Example: Member B received a $250 campaign contribution from Developer X during the most recent election ten (10) months ago. The City Council is now being asked to vote on Developer’s application to construct a 25,000 square foot distribution facility. Because Member B received a campaign contribution within the past twelve (12) months and because the facility is over 20,000 square feet in size, Member B would be prohibited from participating in the decision regarding the application.

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13. EFFICIENCY AND ACCOUNTABILITY
The City of Hemet operates under a council-manager form of government under which the Council’s role is to provide legislative direction, set City policy and monitor its implementation. The City Manager serves as the City’s administrative head and is responsible for directing the day-to-day operations of the City and for administering all City business.

13.1 Members Shall Not Interfere with Operations.

No Member of the City Council shall interfere with the execution by the City Manager of his/her powers and duties; nor shall any Member direct the City Manager to appoint or remove any officer or employee of the City. Except for the purpose of inquiry, no Council Member shall deal with the administrative services of City except by and through the City Manager; nor shall any Council Member give any order or direction to any subordinate officer or employee of City. This section shall not apply during a period of disaster proclaimed by the Governor or City Council in accordance with California law, when the normal functioning of the City’s government is not feasible based on the Circumstances.

13.2 Stay Out of Personnel Matters.

Members shall not interfere with the appointment, evaluation, discipline or removal by the City Manager of any Department Head or employee of the City.

13.2.1 Exception – City Attorney.

The City Attorney is hired, appointed, evaluated, and removed directly by the Council.

13.2.2 Exception – City Manager.

The City Manager is hired, appointed, evaluated and removed directly by the City Council.

13.3 Orders and Direction to Employees.

Only the City Manager may give orders and direction to City employees.

Members shall not direct the work or actions of City employees.

13.3.1 Requests for Information.

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All Members shall direct requests for information, research, or reports to the City Manager and applicable Department Head or his/her designee, and not to City Employees. If there is a legal question, it should be directed to the City Attorney. Questions regarding elections and disclosure statements may be addressed to the City Clerk.

13.3.2 Responses.

Responses to Member substantive information inquiries shall be provided to all Members of the same category (e.g., a response to a request by a Council Member shall be provided to all Council Members).

13.3.3 Notification.

Where the City Manager or Department Head provides general facts or information about the City, a program, or a City event to one Member, it should be provided to all Members of the same category.

13.4 Staff Liaisons to City Commissions / Committees and Outside Agencies.

Members serving as the City’s representative to a City Commission or Committee or to an outside agency may interact directly with the City employee assigned to that effort by the City Manager.

13.5 Operations and Service Levels.

Criticisms of City operations and service levels may be made only to the City Manager and not to City employees or Department Heads, unless first cleared through the City Manager or expressed in general during a Council meeting.

13.6 Political Solicitation and Activities.

Members shall not solicit political support from City employees (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.).

Members shall not engage in political activities at City Hall or other City facilities.

This provision is not intended to impair the free exercise of federal and state constitutional and statutory rights by City employees.

14. INTERACTION OF MEMBERS

14.1 Mayor.

14.1.1 Honorary Presiding Officer.

The positions of Mayor is generally considered honorary and ceremonial, but also serves an important procedural role as the presiding officer at

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meetings of the City Council. Persons appointed to the position by a majority of the City Council serve at the pleasure of the City Council.

14.1.2 Maintain Order, Decorum and Procedure.

The Mayor is responsible for maintaining order and decorum of meetings and enforcing the City’s decorum rules where necessary. The Mayor is responsible for the order of business at meetings, the efficient flow of business during meetings, and for preserving the right of the public to be heard in an orderly fashion.

14.1.3 Ceremonial Head.

The Mayor is the ceremonial head of the City and signs all proclamations, officiates at all City functions, and welcomes visiting dignitaries.

14.1.4 Spokesperson.

The Mayor is the official spokesperson for the City and has the lead responsibility for communications with the press and public on official City business. The Mayor shall work on press releases and statements to the press with the City Manager and shall report the majority position adopted by the Council, and not his or her personal opinion on matters. This section shall not be construed to prevent the dissemination of information from the City Manager on factual matters related to the operation of the City (?).

14.2 At Public Meetings.

14.2.1 Follow Rules of Order, Decorum and Procedure.

Members shall adhere to the rules of order, decorum and procedure for the conduct of public meetings adopted by the City Council from time to time. Abiding by these rules will maintain civility and the orderly conduct of business.

14.2.2 Keep Conduct Professional.

Members shall conduct themselves in an orderly, professional, and business-like manner to ensure that the business of the City shall be attended to efficiently and thoroughly.

14.2.3 Professional Attire.

Members should wear professional and business-like attire at public meetings. The Mayor may allow business casual attire during the summer or for special events or occasions.

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14.2.4 Keep Comments on Topic.

Public meetings are to attend to and resolve City business. Members shall avoid being overly repetitious and shall endeavor to limit their comments to the subject matter at hand. Members are encouraged to fully express their views and to explore the views of others, but Members should also be mindful of avoiding lengthy or unproductive debates.

14.2.5 Ask Questions in Advance.

When preparing for public meetings, Members are encouraged to provide their questions far enough in advance to the City Manager or City Attorney so that meaningful information and responses can be shared at the meeting.

14.3 Relations with Fellow Members.

14.3.1 Civility.

Members shall always practice civility. By doing so, the Member helps the City to fulfill its potential by putting the common good ahead of personal rivalries or irritations. Civility is best fostered by a collective commitment to following established rules of procedure.

14.3.2 Team Spirit.

While Members may occasionally disagree, Members shall strive foster a collegiate or team-oriented environment among themselves.

14.3.3 Retreats, Goal Setting and Training.

To encourage a strong working relationship and communication, Members should have at least one retreat, goal setting session, and/or group training session each year.

14.3.4 Different Points of View.

Members shall exercise tolerance for the different opinions, perspectives, and points of view of their colleagues and shall recognize their right to express these views on matters of City business within the established rules of decorum and order of business.

14.3.5 Managing Conflict.

Members shall manage disagreement with civility and professionalism and shall not allow disagreement to turn into open conflict or hostility.

Members shall refrain from abusive conduct, personal charges or verbal

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attacks upon the character or motives of other Members, City employees and/or members of the public.

14.4 Public Communication and Appearance.

14.4.1 Personal versus City Positions.

It is an important part of each Member’s responsibility to communicate with the public. In communications regarding City business, it is important to distinguish a Member’s personal views and opinions and the adopted City position. When appearing before another governmental agency or organization, the Member shall clearly set forth the City’s official position, and then may express their own position.
a) Expressing Dissent.

Each Member has a right under the First Amendment to express their views and opinions, even if contrary to the official position of the City. However, Members shall express their dissenting views with tact and civility.

14.4.2 Use of Official Titles.

Members may use their official title only when conducting official City business, for informational purposes, or as an indication of background and expertise, after having carefully considered whether they are exceeding or appearing to exceed their authority.

14.4.3 Response to Public Communication.

Members are encouraged to respond promptly to letters, telephone calls and other communications received from members of the Public who have requested a response. Members are not required to respond to commercial solicitations or to anonymous, obnoxious, or harassing communications.

15. ENFORCEMENT

15.1 Member Responsibility.

Upon adoption of these Protocols and thereafter upon assuming office, each Member shall sign a statement affirming they read and understood these Protocols. Each Member is responsible for adhering to these Protocols, as well as the laws that comprise the basic legal framework for local government discussed in the first part of the Protocols.

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15.2 Council Authority.

Only the City Council has the authority, but not the legal obligation, to monitor each Member’s adherence to these Protocols and to take corrective action for violations, as provided below.

15.2.1 Training and Education.

The City Council shall sponsor periodic training opportunities for Members to become more familiar with the Protocols and the legal framework (See Appendix “A”).

15.2.2 Council Members.

Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 15.4, a majority of the Council Members may remove a Council Member from all Council honorary and/or ceremonial positions and ad-hoc and standing Committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council.

15.3 Violation of Oath of Office or the Law.

All Members take an oath upon assuming office, pledging to uphold the Constitutions of the State of California and United States of America, laws of the City, and the statutes of the state and the federal government. In addition, Members commit to disclosing to the appropriate authorities and/or to the City Council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law.

Constitutional and legal violations do not fall under these enforcement procedures and should rather be investigated and enforced under the appropriate civil or criminal proceedings by the appropriate authorities.

15.4 Violation of Protocols.

15.4.1 Complaint.

Where any person has substantial evidence that a Member has materially violated these Protocols, they may file a written statement with the City Clerk who shall then provide it to the City Manager and City Attorney and the affected Member. The name of the complainant shall initially be redacted and kept confidential and not disclosed until it has been determined as provided in Section 15.4.2 that there is substantial evidence that the Member has materially violated the Protocols.

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15.4.2 Investigation.

Upon receipt of a Complaint as provided in Section 15.4.1, or upon the direction of the City Council, the City Manager, in consultation with the City Attorney, shall investigate and report, within not more than thirty (30) days, as to whether there is substantial evidence in support of an allegation that a Member has materially violated these Protocols. If the City Manager concludes, with the concurrence of the City Attorney, that there is not substantial evidence to support an alleged violation or that the violation was not material they shall so report to the Council and the matter shall be deemed dismissed unless the Council directs that a public meeting be held pursuant to Section 15.4.3. If the City Manager, with the concurrence of the City Attorney, concludes that there is substantial evidence to support an alleged material violation of the Protocols, they shall issue a report to the City Council and the Member. The affected Member shall have thirty (30) days to provide any written comments or evidence to the City Manager, City Attorney and City Council in response to the report.

15.4.3 Enforcement.

The City Council shall enforce these Protocols against Members depending upon the extent and severity of the violation by means of either (i) a warning; (ii) a written reprimand; or (iii) censure. The following procedure shall be utilized:
a) Receipt of Report.

Upon receipt of the Report, the Council shall hold a public meeting at which it shall determine whether the complaint should be dismissed, a warning should be issued, a written reprimand should be issued, or censure issued. In the event the Council determines that it appears that anything other than a dismissal or warning is appropriate, it shall set a public hearing to be held within thirty (30) days and provide written notice and opportunity to be heard to the affected Member.
b) Dismissal.

Where the Council, based on the Report and any statement from the affected Member, determines that it is clear that no violation occurred or that only a trivial or de minimus violation occurred, or that the complaint was motivated by revenge or other improper motives, the Council may dismiss the complaint.

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c) Warning.

Where the Council, based on the Report and any statement from the affected Member, determines that there is some evidence that only a minor violation or a questionable practice has occurred, the Council may issue a written warning to the affected Member specifying the violation(s) and requesting corrective action. d) Reprimand.

Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted, determines that there is substantial evidence that the Member has materially violated one or more provisions of the Protocols, the Council may adopt a resolution reprimanding the affected Member for their conduct, stating that any violations shall cease, and requesting corrective action. The affected Member may file a rebuttal to the Reprimand with the City Clerk which shall become a matter of public record.
e) Censure.

Where the Council, based on the Report, any statement from the affected Member, and other evidence accepted at a public hearing of the matter, determines that there is substantial evidence that the Member has materially violated one or more provisions of these Protocols, and that such violation(s) impugn the integrity or dignity of the City or that such violations are egregious or chronic in nature, then the Council may adopt a resolution censuring the affected Member by condemning his/her actions, removing the Member from all appointive positions representing the City in front of other governments and agencies, demoting them if they hold the honorary position of Mayor or Mayor Pro Tempore, stating that the violations shall cease, and demanding corrective actions. The affected Member may file a rebuttal to the Censure with the City Clerk which shall become a matter of public record.
f) Removal from Office.

Notwithstanding any of the provisions in this Section 15.0, the City Council may not remove any Member from their elective office for sustained material violations of the Protocols.

16. FAILURE TO OBSERVE COUNCIL PROTOCOLS
These Protocols are adopted to expedite the transaction of the business of the Council in an orderly fashion and are procedural only and the failure to strictly observe such rules does not affect the jurisdiction of the Council or invalidate action taken at a

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meeting that is otherwise held in conformity with law. These Protocols shall not be construed as creating any private right of action with any person for their enforcement, enforcement of the Protocols rests exclusively with the City Council in their sound discretion.

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APPENDIX A – LEGAL FRAMEWORK & RESOURCES

1.0 Legal Framework
Law or Regulations Citation
California Laws
California Constitution Article XI §§ 2, 5, 7, & 11.

General City Authority
Ralph M. Brown Act Government Code §§ 54950 et seq.

Open Meeting Laws
California Public Records Act Government Code §§ 6250 et seq.

Public Records Disclosure
California Political Reform Act Government Code §§ 81000 et seq.

Conflicts, Disclosures & Campaigns
FPPC Regulations 2 Cal. Code Regs. §§ 18109 et seq.

Conflicts, Disclosures & Campaigns
Legally Required Participation 2 Cal. Code Regs. § 18708 California Anti-Self Dealing Law Government Code §§ 1090 et seq.

Self Interest in Contracts
California Incompatibility of Office Law Government Code § 1126 & § 1099 Holding Two Public Offices
Hemet City Documents
City Municipal Code Chapter 2 “Administration”
City Council Rules of Order and Protocols
Reimbursement Policy

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2.0 Online Resources
Resource Web Address
State of California www.ca.gov/index.asp
Portal to State Websites
Official Cal. Legislative Information www.leginfo.gov
California Bills & Codes Online
Cal. Fair Political Practice Commission www.fppc.ca.gov Conflict of Interest Info
Cal. Attorney General https://oag.ca.gov
See AG Opinions
Cal. Senate www.senate.ca.gov
Bill Information Online
Cal. Secretary of State www.sos.ca.gov
Election Information
LA County Registrar–Recorder/County Clerk www.lavote.net Election Information
League of California Cities www.cacities.org
Municipal resources
Institute for Local Government www.ca-ilg.org
Municipal resources
Cal. Association of Joint Powers Authorities www.cajpa.org Risk Management & Training
Marrkula Institute for Applied Ethics www.scu.edu/ethics/practicing/decision Ethical Decision Making

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APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS1
How to Make an Ethical Decision. When presented with an opportunity to participate in making a decision for the City, the City Official should:

A. Recognize whether an ethical issue is involved.

1. Will the decision result in damage or injury to people?

2. Is there a clear good or bad result?

3. Is the result compelled under the law or does it hinge on budgetary, efficiency, or other community concerns?

4. Ethical decisions are often not the easiest decision, nor the most popular.

B. Get the facts.

1. Read the staff report and get questions answered by the City Manager in advance.

2. Are there alternatives that would lead to better or worse results?

3. What are the viewpoints of the stakeholders? Are some more important than others?

4. Are there any unanticipated consequences?
C. Evaluate alternative actions. Which option will:

1. Produce the most good and do the least harm? (See The Markkula Center’s Utility Test.)
a. Identify the alternative actions that are possible and the persons and groups (the stakeholders) who will be affected by these actions.
b. For each of the most promising alternatives, determine the benefits and costs to each person or group affected.
c. Select the action in the current situation that produces the greatest benefits over costs for all affected.
1 From the Markkula Center for Applied Ethics at the University of Santa Clara, available at https://www.scu.edu/media/ethics-center/resources/making.pdf

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d. Ask what would happen if the action were a policy for all similar situations.

2. Best respect the rights of all who have a stake? (See The Markkula Center’s Rights Test.)
a. Identify the right being upheld or violated.
b. Explain why it deserves the status of a right.
c. Ask whether that right conflicts with the rights of others.

3. Treat people equally or proportionately? (See The Markkula Center’s Justice Test.)
a. What is the distribution of benefits and burdens? Is the distribution fair?
b. If disagreement persists over which outcome is fair, select a fair process to decide the issue.

4. Best serve the community as a whole? (See The Markkula Center’s Common Good Test.)
a. Identify what parts of the common good are involved. b. Explain obligations to promote or protect the common good. c. Discern whether the proposed action conflicts with an obligation to promote or protect the common good.

5. Lead the City Official to act as the sort of person or official as they want to be? (See The Markkula Center’s Virtue Test.)
a. Will the action help to make you the kind of person you want to be?
b. Will the action fit the City’s reputation or vision of what it would like to be?
c. Will the action maintain the right balance between
excellence and success for the City?
D. Make a decision and test it.

1. Which approach best suits the situation and arrives at the most ethical decision?

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2. Which option is likely to be most respected by the Member’s colleagues and constituents?
E. Act and reflect on the outcome.

1. How can the decision be implemented to best reflect the intention and reasons for the decision?

2. What was the end result of the decision and what feedback has the City Official received?

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APPENDIX C – ROSENBERG’S RULES OF ORDER

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APPENDIX D – EXPENSE REIMBURSEMENT FOR CITY COUNCIL

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APPENDIX E – Procedural Rules for Quasi-Judicial Hearings Rule 1 - Hearing Procedures

1.01 The Mayor shall announce the agenda item number and state the subject of the agenda item. The Mayor shall then identify that the agenda item is a quasijudicial hearing and announce that the hearing is open.

1.02 The Mayor shall direct the City Clerk to administer the following oath to any person that desires to testify before the City Council on the item:
"Any member of the public wishing to address this City Council on this item please stand and raise your right hand."
The City Clerk shall then administer the following oath:
"Do you solemnly affirm that the testimony you are about to give before the City Council will be the truth, the whole truth, and nothing but the truth? If so, please say 'I do."'

1.03 The Mayor shall then request that the members of the City Council disclose any communications they have had under Rule 6 or any item required to be disclosed under the Council Protocols.

1.04 The Mayor shall then invite the City Manager, or other appropriate City staff member, to report on the item including any recommendation that they might have. The City Manager, or other appropriate City staff member shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to report on the item.

1.05 The Mayor shall then ask members of the City Council if they have any questions for the City staff giving the report. At this point, the members of the City Council may ask clarifying questions to the City staff person who reported on the item and City staff shall be given a reasonable amount of time to respond.

1.06 The Mayor shall then invite the applicant or appellant, if any, to provide evidence and testimony on the item. The applicant or appellant shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to provide evidence and testimony.

1.07 The Mayor shall then ask members of the City Council if they have any questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given time to respond.

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1.07 The Mayor shall then invite any members of the public to provide evidence and testimony on the item. The Mayor shall inquire as to whether the member of the public has been sworn in and request that they state their name and address for the record. Members of the public shall have a reasonable amount of time, not to exceed three (3) minutes, to provide evidence and testimony.

1.08 The Mayor shall then invite the applicant or appellant, if any, to provide any rebuttal evidence and testimony. The applicant or appellant shall have a reasonable amount of time, not to exceed five (5) minutes, to provide rebuttal evidence and testimony.

1.09 The Mayor shall then ask members of the City Council if they have any final questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given a reasonable amount of time to respond.

1.10 The Mayor shall then announce that the public hearing is closed and invite a motion for the City Council to consider. The Mayor shall announce the name of the member of the City Council who makes the motion. The Mayor shall then invite a second to the motion and announce the name of the member of the City Council who seconds the motion.

1.11 The Mayor shall then invite members of the City Council to discuss the motion. If there is no desired discussion, or after the discussion has ended, the Mayor shall then announce that the City Council will vote on the motion. If there has been no discussion or only brief discussion, the vote may proceed immediately. If there has been substantial discussion, the Mayor may ask the City Clerk to read the motion before the vote is taken.

1.12 The City Council shall memorialize the decision in writing and may instruct the City Manager to prepare a written decision for approval during a subsequent meeting of the City Council.

Rule 2 - Hearings Are Informal; Rules of Evidence
Quasi-judicial hearings before the City Council are intended to be informal in nature and accessible to members of the public. Formal rules of evidence and discovery do not apply.

Rule 3 - Records of Proceedings
The City Clerk shall record all quasi-judicial hearings by audio and/or video recording device, as available.

Rule 4 - Time Limits

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Notwithstanding the time limits contained in Rule 1 above, the Mayor shall give City staff providing the report on the item, the applicant or appellant bringing the matter before the City Council, and any other person with a direct interest in the decision sufficient time to provide evidence and testimony, and may, at the discretion of the Mayor, allow for additional time.

Rule 5 - Oaths; Identification
Any person wishing to provide testimony during a quasi-judicial hearing may do so without the oath described in these Rules being administered or providing their name and address. The City Council may determine both the weight and credibility given to unsworn or anonymous testimony.

Rule 6 – Communications

6.01 Members of the City Council may receive information relevant to the item through communications with any person prior to the hearing. These communications are known as "ex parte communications" and are substantive oral or written communications concerning quasi-judicial matters that occur outside of the quasi-judicial hearing. Such communications raise due process concerns for the parties involved in the hearing. When members of the City Council have had ex parte communications relevant to the quasi-judicial hearing, the Member of the City Council shall disclose the communication and the substance of the information received at the beginning of the hearing.

6.02 While the hearing is before the City Council, there shall be no communication, direct or indirect, regarding any issue in the proceeding, to the members of the City Council, without notice and an opportunity for all persons present at the hearing to participate in the communication.

6.03 Ex parte communications after the hearing has closed and before the final decision is rendered are prohibited because there is no opportunity for rebuttal.

Rule 7 – Attention
The Members of the City Council shall be attentive to the evidence and testimony being presented.

Rule 8 - Identification of Quasi-Judicial Matters on the Agenda The City Manager, in consultation with the City Attorney, will identify agenda items involving quasi-judicial decisions on the agenda for the City Council with reference given to these Rules. This identification is intended to inform the City Council, interested parties, and the public that these Rules will apply to the item, but the failure to identify an item shall not be cause for continuance.

15.B

Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg

15.B

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MISSION and CORE BELIEFS
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

VISION
To be recognized and respected as the leading advocate for the common interests of California’s cities.

About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.

The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.

About the Author
Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.