Hemet City Council
April 26, 2022

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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.Page 16 of 20

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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.

14.C

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Apr 26 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
John Maier, City Clerk;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

Appointment of Jacob Beamesderfer, Robert "Blake" Booth, and John Wuerth to the City of Hemet Planning Commission

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Appoint Jacob Beamesderfer, Robert "Blake" Booth, and John Wuer th to the City of Hemet Planning Commission with the term expiring April 1, 2024.

BACKGROUND:

The City of Hemet Planning Commission was created in accordance with the provisions of the State Planning Act. The Planning Commission of the City of Hemet sha ll consist of five (5) members appointed by the City Council. A quorum of transaction of business shall be three members, and the majority of those members present shall have the power to decide all matters properly before the commission. Each Commissioner serves a two-year term. The Commission meets on the first and third Tuesday of every month.

Commissioner Jacob Beamesderfer was appointed by City Council on May 12, 2020, to fill the vacancy left by James Ollerton's term expiration.

Commissioner John Wuerth was appointed by City Council on April 10, 2018, to fill a term expiration.

Commissioner Wuerth was then reappointed by City Council on April 28, 2020.

Robert "Blake" Booth is being recommended as the newest member of the Planning Commission after an extensive recruitment process and will replace Lori VanArsdale whose term expired on April 1, 2022.

The three Planning Commissioner's new terms would expire on April 1, 2024.

ANALYSIS:

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For there to be a quorum of transactions of business, the Planning Commission must have at least three members appointed, with all three members being present to decide matters before the Commission. If there is no quorum, there can be no transaction of business on behalf of the Planning Commission.

DISCUSSION:

Commissioners Jacob Beamesderfer and John Wuerth are recommended to be re -appointed by their respective Council Members, Mayor Pro Tem Meyer and Council Member K rupa. The appointment of Robert "Blake" Booth is recommended by Council Member Joe Males, to fill Commissioner Lori VanArsdale's term expiration, which occurred on April 1, 2022.

STRATEGIC PLAN INTEGRATION:

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 2: Develop concepts and programs to enhance the quality of life services.

ALTERNATIVE(S):

City Council can direct staff to solicit additional applications to fill the vacancies on the Planning Commission or provide alternative direction to staff.

ATTACHMENT(S):

Attachment 1: Beamesderfer, Jacob - Application
Attachment 2: Wuerth, John - Application
Attachment 3: Booth, Robert - Application

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RECEllIED
SEPllzuig. cit . .CityofHemet )6itCii’:ili-liric?ert?ceApplicationforAppointmenttoV olunteerCommissions/Boardslcommittees ThankyouforyourinterestinservingyourcommunitylnterestedapplicantsareencouragedtoContacttheCityClerk'sO?iceformoreinformationaboutthebene?tsandresponsibilitiesofAdvisoryBody service,Applicationswillbekeptonfileforoneyear,duringWl'llChtimetheapplicantwillbegiventheopportunitytointerviewforanyopeninglotwhichtheapplicantiseligible.

CityClerksoffice(951)765-2316- 445E.FloridaAvenue,Hemet,CA92543 '1.CONTACTINFORMATION:NamedunnoBeurnesdeiter HomeAddress:—City,Hamel ZlpI52513 _ NameandAddressofBusiness(itapplyingasbusinessowner)
Mobilei=iione_ HomePhone.jWorkPhone PersonalEmailAddress.__ WorkEmailAddress’m __,_
2, APPLYlNGFOR(MARKONEORMORE):Applicantsareencouragedtoapplyfornomorethan2AdvisoryBodiesbestsuitingtheirskillsandinterests.Ifapplyingformultiplebodies.pleaserankthoseinorderofprelerenoe“1'beingmostpreierred.Quali?cationstormembership:Meetoneofthelollowingcriteria,1)TheindividualiscurrentresidentoftheCitywhohaslivedinthecityforatleastoneyearimmediatelypriortotheindividualsappointmenttotheboard,commissionorcommittee;or2)CurrentresidentoftheCityofHemefs“Sphereolinfluence“whohaslivedInthecityorinthecity'ssphereofinfluencelotatleastoneyearimmediatelypriortotheindividualsappointmenttotheboard,commissionorcommittee.Seeattachedforspeci?cqualifications.El Planningcommission Cl LibraryBoardCl MeasureUCitizenOversightCommitteeEl InfrastructureCommissionU MobileHomeRentReviewCommission3. QUALIFICATIONS:YouareencouragedtoattacharesumeorotheradditionaldocumentationthatmaybeofinteresttotheCityCouncilintheirevaluationofyourapplication,AreyouaCityresident7ElYes,#ofyears35 :1No,areyouaresidentoftheSphereoiInfluence’?ElYes I3NoRelevantExperience(employment.communityorganizations,etc)(Attachoaaesifdesired Mycareerforthepast13yearsisaHearingAidSpecialisthereinourValley.IcurrentlyworkasaClinicManageratSonusHearingCareProfessionalsandpriortothatforthelast12yearsIworkedatJestersHearingAidCenter.NotonlydoIfitpatientsinneedwiththeirhearingaidsbutlmyselfhavewornhearinghearingaidsmostmylifeaswell.Myjobincludesbutnotlimitedto;Audiometrictesting,programminghearingaids,takingimpressionsofear.servicelrepairsandworkingwithinsurance.Ienjoyhelpingourcommunityonepersonatatimetohear.lwouldenjoybeinginvolvedwithourcommunityandbeavoiceofthepeople.

AdvisoryBodyExperience(bodyandagency)‘Current: TermFrom totoPrevious. TermFrom Page10Page 3 of 13

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4.AlDDlTtt‘.tNAil.thlFtLiFtiMM‘t0tii:The?ityCouneilwouildillremoreintornnationaboutyourinterestineeryingonan/tdyiaoryBody.PleaaeindicateyouroornrneintaandyiewarelativetothesubjectmatterMmMMmp[HthgM?d;yQg furwhich_youareapplying:(Attachpageeifde~airegN.M);W_MMMMMmm llyeALW AYShadthecieeiretobeapartofwhatagoing:oninouryalleytSinceIwee2yeareoldWeliyedinthei-lernet‘Valley,wenttoschoolhere,havefarnilyhere,anddomybeattoeupportourlanaihueineae.Myfatherdedioatedl20yearstotheGityofl-liernetPolioeDepartmentandnowihavethedeeiretobeinvolved.IcurrentlydomybeattobeintouchwiththeeurrentPlanningandinfrastructureCornrniaeifonongolnge.ifirnplernentedIwouidlovetornalregreatthingshappenforthievalleyonceagain.alidiiiiiiiiiuhe:HEADC:/ti?Er~‘~’UE'l_"7i7"133"W"'i ”iunderstandthat,itiamappointedtoanhdyieor‘yBody.lwiilberenuiredtocomply‘with;theC i Whitey,AdvisoryBodyPoliciesandtinntlietioflntereatCode;applipahleproyieionsatthePelitinaliFteiorrnAntincludingtilingtiinanrrsialinterestdiaoloeureatatentente(FormTtiiii;andeppiitzalnieproyiaionaofthe iBrownAct;andthatimustcompleteatatemnwenidetedethioatrainingandeexuaiharaeernentpreventiontrainingooursee,iunderstandthat,whiteCityataftwillmeiteagoodfaithetforttoeducatemeregarding 1theserequirements,iamresponsibleformyconducteaanAdvisoryMember.IunderstandthatallAdvisoryElodyIt/lernhereaerveatthenleaaureoftheCityCouncilandmayberemovedfromofficeduetopoorattendance,unacceptableoonduot,ortoranyotherreaeon.lunderatandthatAdlyienryBodyrnernberaarevolunteers,arenotCityemployees.anddonotreceivebenetitaorproteotionaotherthanworlrere”oornpeneetinninoaeeofinjuryinthecourseofduty.IunderstandthatthisiaapuhlibdbnurnentlandthatintorrnatiencontainedwithinitmayheprovidedtothepublicuponrequestInregardtotheonlineavailabilityofmyinformation,ideoiarethetollowing:A.iflareappointed,ieu=thori.tetheCitytopoetthefollowingoonte.-ctintorntetiontohecitapplicablebelow)onitawebaite.iunderstandthatotherweheiteenotoontrolledibytheCitymayprovideIinlratoaCitywebpagethathasmyperannaiinformationonit.llaieoauthorizetheCitytoupdatei mypersonaieontaotinfor*rnati:nnon‘rtewehaiteifmyoontaotintorrnetionchengea?CellPhone HomePhone WorlrPhone@Pe~reenalEntailaddreeeif]BusinessErneiiaddreaeFurther,,ifmyhomeaddressandtelephonerrurnherareotherwisenon-riianioeable~undertheUalitorniaPublicRecordsActtctaliiiornia;GnyerrmnentCode6250eteenti,lunrieratandthatbyagreeingtothereleaseoftheinferrnaitonabnve,,thisirltorrnaito~nmaybeprovidedbytheCityinresponsetoerenueatmadeunderthePuhiioRecorderhotORllBeItiamappointed,idonotauthorizethemytopostmycontentintorrnaitononitswebsite.The W
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Page11Page 4 of 13

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DocliSignEnvelopeID:7B8F3B76~BA8i»4EBO99FD-74769F563BDF CityofHemet
ApplicationforAppointmenttoV olunteerCommissions/Boardslcommittees Thankyouforyourinterestinservingyourcommunity.InterestedapplicantsareencouragedtocontacttheCityClerksOfficeformoreinformationaboutthebene?tsandresponsibilitiesofAdvisoryBodyservice.Applicationswillbekeptonfileforoneyear,duringwhichtimetheapplicantwillbegiventheopportunitytointerviewforanyopeningforwhichtheappiicantiseligible, CityClerk'sof?ce(951)765-2316— 445E.FloridaAvenue,Hemet,CA92543

1. CONTACTINFORMATION:NamezuoiinWuerlh HomeAddreSSI—eCity:Hemel ZiP:92543NameandAddressofBusiness(ifapplyingasbusinessowner) MobilePhon HomePhoneWorkPhon PersonalEm|Addres,
WorkEmailAddress:

2. APPLYINGFOR(MARKONEORMORE]:Applicantsareencouragedtoapplyfornomorethan2AdvisoryBodiesbestsuitingtheirskillsandinterests.Ifapplyingformultiplebodies,pleaserankthoseinorderofpreference“1"beingmostpreferred.Qualificationsformembership:Meetoneofthefollowingcriteria,1)TheindividualiscurrentresidentoftheCitywhohaslivedinthecityforatleastoneyearimmediatelypriortotheindividualsappointmenttotheboard,commissionorcommittee:or2)CurrentresidentoftheCityofHemel’s“Sphereofin?uence"whohaslivedinthecityorinthecity'ssphereofin?uenceforatleastoneyearimmediatelypriortotheindividual'sappointmenttotheboard,commissionorcommittee.Seeattachedforspeci?cqualifications.Kl PlanningCommission Cl LibraryBoardEl MeasureUCitizenOversightCommitteeEl InfrastructureCommissionEl MobileHomeRentReviewCommission3. QUALIFICATIONS:YouareencouragedtoattacharesumeorotheradditionaldocumentationthatmaybeofinteresttotheCityCouncilintheirevaluationofyourapplication.AreyouaCityresident’!l:|Yes,#ofyears lXlNo,areyouaresidentoftheSphereofIn?uence?lXiYes ElNoRelevantExperience(employment,communityorganizations,etc.):(Attachpagesifdesired) IhaveenjoyedmytimetodateonthePlanningCommission.MyexperiencewithEasternMunicipalWaterDistrictprovidesvaluableinsightintoelementsoftheplanningandconditioningprocess.MylongtermresidencyandhistorywithintheCityhelpsprovideaHemet-centricperspectiveinevaluatingproiectsthatcomebeforetheCommission.

AdvisoryBodyExperience(bodyandagency):Current: Term:From toPrevious: Term:From to

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DocuSlgnEnvelopeID:7B8F3B76—BA8‘l-4EBC—99FD-74769F5638DF

4.ADDITIONALINFORMATION:TheCityCouncilwouldlikemoreinformationaboutyourinterestinservingonanAdvisoryBody.PleaseindicateyourcommentsandviewsrelativetothesubjectmatteroftheAdvisoryBody(ies)forwhichyouareapplying:(Attachpagesifdesired.)TheopportunitytoserveonthePlanningCommissionhasprovidedagreatopportunitytobecomemorefamiliarwithhowdecisionsaremadethatimpactourcommunity.IhopethatIhavebeenabletoprovidevaluetotheCommissionbymyinvolvementandcontribution.Irespectfullyrequesttobeappointedtoanotherterm.

5.SIGNATURE:READCAREFULLY-Iunderstandthat,ifIamappointedtoanAdvisoryBody,Iwillberequiredtocomplywith:theCity’sEthicsPolicy,AdvisoryBodyPoliciesandConflictofInterestCode;applicableprovisionsofthePoliticalReformActincludingfilingfinancialinterestdisclosurestatements(Form700);andapplicableprovisionsoftheBrownAct;andthatImustcompletestate-mandatedethicstrainingandsexualharassmentpreventiontrainingcourses.Iunderstandthat,whileCitystaffwillmakeagoodfaithefforttoeducatemeregardingtheserequirements,IamresponsibleformyconductasanAdvisoryMember.IunderstandthatallAdvisoryBodyMembersserveatthepleasureoftheCityCouncilandmayberemovedfromofficeduetopoorattendance,unacceptableconduct,orforanyotherreason.IunderstandthatAdvisoryBodymembersarevolunteers,arenotCityemployees,anddonotreceivebenefitsorprotectionsotherthanworkers’compensationincaseofinjuryinthecourseofduty.Iunderstandthatthisisapublicdocument,andthatinformationcontainedwithinitmaybeprovidedtothepublicuponrequest.Inregardtotheonlineavailabilityofmyinformation,Ideclarethefollowing:xA.IfIamappointed,IauthorizetheCitytopostthefollowingcontactinformation(checkapplicablebelow)onitswebsite.IunderstandthatotherwebsitesnotcontrolledbytheCitymayprovidelinkstoaCitywebpagethathasmypersonalinformationonit.IalsoauthorizetheCitytoupdatemypersonalcontactinformationonitswebsiteifmycontactinformationchanges.CellPhone HomePhone WorkPhonePersonalEmailaddressXBusinessEmailaddressFurther,ifmyhomeaddressandtelephonenumberareotherwisenon-disclosableundertheCaliforniaPublicRecordsAct(CaliforniaGovernmentCode6250etseq.),Iunderstandthatbyagreeingtothereleaseoftheinformaitonabove,thisinformaitonmaybeprovidedbytheCityinresponsetoarequestmadeunderthePublicRecordsAct.ORB.IfIamappointed,IdonotauthorizetheCitytopostmycontactinformaitononitswebsite.TheCitymayhowever,discloseontheInternetandinallothervenuesthatfactthatIserveonaCityAdvisoryBody.

Docusignedby:

ApplicantsSignaturez?olw”Date:99,“292929¢ooo4 ab...

ForOfficeUseOnlyAssignedtoCommission/Committee/Board:PlanningCommissionLibraryBoard ElEvidenceofHemetResidentInfrastructureCommissionMeasureUCommittee5‘EvidenceSphereofinfluence)MobileHomeRentReviewCommissionSta1‘Initials:ExpirationofTerm:

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JohnJ.Wuerth
SUMMARVOFQUALIFICATIONS:Myprofessionalexperienceincludesover24yearsofactivitiesrelatingtowater,sewerandrecycledwaterwithincreasingresponsibility.MycombinationofcontributionsanddedicationresultinacomprehensiveunderstandingofthecorefunctionsofEasternMunicipalWaterDistrictparticularlyinthoseareasrelatedtoWaterResources.MytrackrecordshowsIamcapableofcontributingbeyondmypositionbyproactivelyidentifyingandsolvingchallenges.IcombinerelationalandstrategiccompetencieswithinnovativethinkingandpossessasinceredesiretocontributetotheDistrictandtheregion.MycontributionhasevolvedandgrownwiththeneedsoftheDistrictandIlookforwardtoandembracetheopportunitytocontinuethatgrowthinthefuture.

EMWDExperience,March1996toPresent
EngineeringDepartmentPositions:
o SeniorRecycledWaterProgramAnalyst,Aug2016topresent
0 RecycledWaterProgramAnalyst,Nov2013toAug2016
o PrincipleEngineeringTechnicianII,Feb2007toNov2013
o SeniorEngineeringTechnician/CivilEngineerAssistant,Feb2005toFeb2007 DistinguishingQualifications:
u AcceleratedRetrofitProgramManagement- Activitiesincludedeveloping,implementing,andmonitoringgoals,budgetbenchmarksandobjectives.Extensivefinancialanalysis,stakeholdercoordination,processdevelopment,andmaintainingpositivecustomerrelationshipshavebeennecessaryforProgramsuccess, 0 Theleadroleintheresearch,analysisandwritingofgrantapplications,monitoringdemandsanddevelopingrecommendationstooptimizegrantbenefits.Utilizevarioussourcesoidataandassumptionstoanalyzemultiplealternativesandscenariosandmakerecommendationstomanagement.WorkcloselywithseveralagenciesincludingtheBureauofReclamation,StateWaterResourcesControlBoardandMetropolitanWaterDistrictformanagingexistingagreementsandnegotiatingnewones. a Projectmanagementexperienceofstudiesandprojectsincludingdevelopingrequestforproposals,consultantselectionandperformancemanagement, o ProvideRecycledWaterProgramanalysisandrecommendationstotheNewBusinessDevelopmentDepartmentrelativetoconditioningdevelopmentrequiringathoroughunderstandingofstandards,policiesandprocesses.Analyzeanddeveloprecommendedrecycledwaterinfrastructurerequirementsfortheexpansionofthedistributionssystem. a Performtechnicalanalysistoidentify,evaluateandprioritizecapitalimprovementprogramrequests;developcostestimates,costbenefitanalysesandproject/programschedules. 9 Establishandmaintainpositiveandproductiveprofessionalrelationshipswithjurisdictionaland Page1of4

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partneragenciesincludingtheStateWaterResourcesControlBoard,BureauofReclamation,MetropolitanWaterDistrict,RiversideCounty,variouscities,andlanduseagencies.0 Participateonavarietyofprofessionalandindustryspecificcommitteesrelatingtowaterresourcestostayabreastofcurrent,proposedandanticipatedissueswhichcouldaffectDistrictprogramsandinitiatives.RecentlyledtherevitalizationoftheInlandEmpireChapterWateReuseandcurrentlyserveastheChapterPresident.0 Excellentoralcommunicationskillswith10years’experiencespeakingtoaudiencesatthelocal,stateandnationallevel.ContributionsandExperience:0 ProjectManager/Lead0AcceleratedRetrofitProgramMetropolitanWaterDistrictLocalResourcesProgramCoordinationRecycledWaterEnterpriseDataManagementSunCityPondsEvaluation(2016)RecycledWaterStorageDataOptimizationStudy(2016)DeveloperCandidacyRefinementStudy(2014)RetrofitPlanningStudy(2011)FullYardIrrigationFeasibilityStudy(2008)oRecycledWaterIntegratedBusinessProcessProgramDevelopment(2007)0 TechnicalSupportandAnalysis0SanJacintoIndirectPotableReuseProject(current)RecycledWaterStrategicPlan(2016)RecycledWaterFacilitiesMasterPlan(2016)IndirectPotableReusePhaseIStudy(2014)AmericanReinvestmentandRecoveryAct(HR30)SystemStabilizationProgramconsistingof$50Minrecycledwaterinfrastructuredesignandconstruction.RecycledWaterOperationsPlan(2011)RecycledWaterFacilitiesMasterPlan(2011)IntegratedResourcesPlan(2011)RecycledWaterStrategicPlan(2010)DiamondValleyLakeAreaRecycledWaterUseandStorageInitialFeasibilityStudy(2009)

OOOOOOOOO OOOOOOO
FieldEngineeringDepartmentConstructionInspectorI/II,June1999toAugust20010 GainedextensiveknowledgeofEMWDfacilitiesandoperations.0 Ledandfacilitatedcoordinationbetweencounty,cities,developers,contractorsandEMWD.0 Gainedbroadexperienceinconflictmanagementandresolution.OperationsandMaintenanceBranchMaintenancePlanner/Scheduler,Aug2001toFeb20050 SupportedthedevelopmentofthestructureandcontentofMaximo0 DevelopmentofprocessesandproceduresfortheimplementationofMaximo0 SupportedtheintegrationofMaximointoDistrictbusinessprocessesPage2of4

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PlantMaintenanceTechnicianI/ll,March1996toJune1999PerformedjourneylevelmaintenanceataWaterReclamationfacilityinclusiveoftheplanning,scheduling,andperformanceofvariousmaintenancetasks.Gainedextensiveknowledgeoftheoperationandmaintenanceoftheregionalwaterreclamationfacilities.Education:MasterofArts— LeadershipandOrganizationalStudies,AzusaPacificUniversity(2015)BachelorofScience— OrganizationalLeadership,AzusaPacificUniversity(2010)AssociatesDegreeinAvionicElectronics,CommunityCollegeoftheAirForce(2003) WateReuseInlandEmpireChapter— PresidentCANPeople— PresidentHemetWrestlingClub— PresidentRiversideCountyWaterTaskForce— MemberKiwanisofHemetValley— MemberKnightsofColumbus— MemberHemetSportsmanClub— MemberAwards:WateReuseCalifornia— RecycledWaterStaffPersonoftheYear(2013)EmployeeoftheQuarter— ApriltoJune2015CustomerServiceAward— March2008 Leadershipskillsdevelopedthroughtheintegrationofeducationaltheoryandworkexperience.Strongrelationalandstrategiccorecompetenciesthathelptounderstandimpactsofprojects,policiesandprogramsacrossinstitutionalandstakeholderboundarieswhilemaintainingfocusonlongtermstrategicobjectives.Strongemotionalintelligencethatensurestheabilitytoestablishandmaintainproductiveworkingrelationshipswithstaff,managementandregionalstakeholders.Innovative,hardworkingandloyalwithatrackrecordofsignificantcontributionstoEMWDandtheregion.

Page3of4

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References:
o AndrewKotyuk— CityofSanJacintoCouncilMember
0 (3-1
o BehroozMortazavi
—
WaterResourcesEngineers,Inc.Principle
0 in
a MikeGow— LakeHemetMunicipalWaterDistrictGeneralManager 0 (1)W1
o DougMarshall
—
LakeHemetMunicipalWaterDistrictBoardMember
0 (ET
9 DanJaggers— BeaumontCherryValleyWaterDistrictGeneralManager 0 (I) W
0 KristenJensen— CityofHemetPublicWorksDirector
0 (ET
9 DeanWetter—Va|leyWideRecreationandParksDistrictGeneralManager 0 lg)‘
a JamesGarcia— StateWaterResourcesControlBoardWaterResourcesControlEngineer 0 (ii
a RayMokhtari— MetropolitanWaterDistrictSeniorCivilEngineer 0 (-l ‘
o RalphPhraner— RetiredEMWDDirectorofWaterResourcesManagement 0 (1)W
Page4of4

14.D

From: [email protected]
To: City Clerk Staff
Subject: Online Form Submittal: Advisory Body Application Date: Friday, January 7, 2022 10:12:52 AM
Warning: This email originated from outside the City of Hemet. Think before you click! Advisory Body Application
Hemet Public Library Board of Trustees - 3 Year Term
The Library Board consists of five members appointed by the City Council for three year terms. It meets on the 3rd Friday of each month at 10:00 a.m.

Responsibilities are statutory and include setting policy on the operation and services of the Library. The Board advises the City Council on the budgetary needs of the Library, its services, and other related matters.

Infrastructure Commission - 2 Year Term
Established by Ordinance No. 1958, this commission is intended to periodically review and provide comments regarding public facilities and works of improvement that are planned by the City, including without limitation, City parks, open space and other recreational or community facilities and City capital improvement. The commission shall have its regular meeting on the last Monday of every other month on odd months at 4:00 p.m. The commission shall consist of five (5) voting members appointed by the City Council.

Measure U Citizen Oversight Committee - 2 Year Term
In accordance with Hemet City Ordinance No. 1918, the Measure U Citizen Oversight Committee consists of 7 members appointed by the city council to serve two (2) year terms. The purpose of the committee is to independently review and advise upon the City’s proposed expenditures of Measure U Funds as well as the actual expenditures of Measure U Funds and review of the annual audit conducted of Measure U Funds as required by the Ordinance. The Committee is advisory only and reports its comments directly to the City Council. Eligible community members must reside within the city limits or the sphere of influence or own a business having its primary offices located within the city limits. A majority (4 or more) of the committee members shall be residents of the City of Hemet.

Mobile Home Rent Review Commission - 3 Year Term
Established by Ordinance No. 772, an initiative of the voters of the City of Hemet, this Commission meets by request only and with duties as outlined in the Hemet Municipal Code. It consists of five members appointed by the City Council to 3 year terms. The Commission shall be made up of one mobile home park owner, one mobile home park tenant and three “at large” residents who do not live in mobile home parks.

Planning Commission - 2 Year Term
Created in accordance with the provisions of the State Planning Act, the Commission consists of five members appointed by the City Council to serve two year terms. The Commission meets on the first and third Tuesdays of the month at 6:00 p.m.

14.D

(Section Break)
Application for Appointment to Volunteer Commissions/Boards/Committees Thank you for your interest in serving your community. Interested applicants are encouraged to contact the City Clerk’s Office for more information about the benefits and responsibilities of Advisory Body service. Applications will be kept on file for one year, during which time the applicant will be given the opportunity to interview for any opening for which the applicant is eligible. City Clerk’s office (951) 765-2316 – 445 E. Florida Avenue, Hemet, CA 92543 First Name Robert
Last Name Booth
Address1
Address2 Field not completed.

City Hemet
State CA
Zip 92545
Name and Address of
Business (if applying
as a business owner)
Tougher Than Hell Church
Personal Email
Address
Mobile or Home Phone
Number
Applying For (Mark
One or More):

Planning Commission
Qualifications Field not completed.

Are you a City
Resident?
Yes
Yes, number of years: 1
List Relevant
Experience
(employment,
Pastor, Community Organizer

14.D

community
organizations, etc.):

Advisory Body
Experience (body and
agency)
N/A
Additional Information: I am interested in seeing Hemet return do return to a city of beauty and one we are proud to live in.
(Section Break)
Read Carefully - Complete Section A or B then SIGN
I understand that, if I am appointed to an Advisory Body, I will be required to comply with: the City’s Ethics Policy, Advisory Body Policies and Conflict of Interest Code; applicable provisions of the Political Reform Act including filing financial interest disclosure statements (Form 700); and applicable provisions of the Brown Act; and that I must complete state-mandated ethics training and sexual harassment prevention training courses. I understand that, while City staff will make a good faith effort to educate me regarding these requirements, I am responsible for my conduct as an Advisory Member. I understand that all Advisory Body Members serve at the pleasure of the City Council and may be removed from office due to poor attendance, unacceptable conduct, or for any other reason. I understand that Advisory Body members are volunteers, are not City employees, and do not receive benefits or protections other than workers’ compensation in case of injury in the course of duty. I understand that this is a public document, and that information contained within it may be provided to the public upon request. In regard to the online availability of my information, I declare the following:

A.1 Field not completed.

A.2 Business Email Address
B. If I am appointed, I do not authorize the City to post my contact informaiton on its website. The City may however, disclose on the internet and in all other venues that fact that I serve on a City Ad
(Section Break)
Date of Submission 1/7/2022 10:15 AM
Applicants Signature Robert Blake Booth
Email not displaying correctly? View it in your browser.

14.D

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Apr 26 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Steve Loriso, City Engineer;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Administering Agency- State Master Agreement No. 08 -5186S21 and all future Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements associated with Agreement No. 08-5186S21 with the California Department of Transportation (Caltrans); and Authorizing the City Manager or Designee to execute Master Agreement and all future Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements associated with Agreement No. 08-5186S21

RECOMMENDED ACTION:

It is respectfully requested that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Administering Agency-State Master Agreem ent No. 08 -5186S21 and all future Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements associated with Agreement No. 08 - 5186S21 with the California Department of Transportation (Caltrans); and Authorize the City Manager or Designee to execute Master Agreement and all future Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements associated with Agreement No. 08 - 5186S21.

BACKGROUND:

The City of Hemet is eligible to receive transportation grant funding from state and federal sources.

The City has received Master Agreement No. 08-5186S21 covering the general requirements of state- funded projects. Prior to claiming these funds, the California Department of Transportation (Caltrans) requires certain written agreements be filed. In order to meet Caltrans’ requirements, a Resolution delegating authority to the City Manager or his designee is required to execute the agreements between the City and State.

ANALYSIS:

A project funded with Federal or State monies has specific funding limits and terms defined in what is known as a Program Supplement Agreement (PSA). A PSA is a project specific agreement and, as its

14.E

name indicates, it supplements the Master Agreement. A PSA allows the City to submit reimbursement claims to Caltrans for costs incurred on a project funded with a State grant. Local agencies typically delegate the authority to execute PSAs to City Managers by a City Council Resolution.

Adopting the recommended Resolution authorizes the City Manager or his designee to execute the Administering Agency -State Master Agreement No. 08 -5186S21 and all future Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements associated with Agreement No. 08-5186S21 for State-funded Transportation Projects.

HSIPSL-5186(019) is the Caltrans Project Number associated with City of Hemet CIP 5724 (Traffic Signal Visibility Upgrades). This project number is associated with t he grant application made by the City of Hemet for the Highway Safety Improvement Program (HSIP), where the City will receive $299,300 in grant funds for preliminary engineering, construction, construction management, and inspection services. CIP 5724 wil l provide for the installation of traffic signal head backplates with retroreflective borders.

The execution of Master Agreement No. 08 -5186S21 and the PSA does not make any awards for construction, however, it will allow staff to proceed with requesting reimbursement from Caltrans.

PREVIOUS COUNCIL ACTION:

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Enhance the visual appearance of the community to make it attractive and reduce blight through continual rehabilitation of City infrastructure.

FISCAL IMPACT:

There is no General Fund impact associated with this action. Authorizing the execution of the Master Agreement, Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements allows the City to submit reimbursement claims to Caltrans.

ALTERNATIVE(S):

1. Do not approve the Agreements.

2. Provide alternate directions to staff.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

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ATTACHMENT(S):

Attachment 1: Reso-04042022 Agreement
Attachment 2: 08-5186S21 City of Hemet unsigned
Attachment 3: 5186019 PSA to Agency

14.E

CITY COUNCIL RESOLUTION NO. 2022-xxx

CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX

A RESOLUTION OF THE

CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA,

APPROVING THE

ADMINISTERING AGENCY-

STATE MASTER
AGREEMENT NO. 08-
5186S21 AND ALL FUTURE

PROGRAM SUPPLEMENT

AGREEMENTS, FUND

EXCHANGE AGREEMENTS,

AND/OR FUND TRANSFER

AGREEMENTS ASSOCIATED
WITH AGREEMENT NO. 08-
5186S21 WITH THE

CALIFORNIA DEPARTMENT

OF TRANSPORTATION
(CALTRANS); AUTHORIZE

THE CITY MANAGER OR

DESIGNEE TO EXECUTE

MASTER AGREEMENT, ALL

FUTURE PROGRAM

SUPPLEMENT

AGREEMENTS, FUND

EXCHANGE AGREEMENTS,

AND/OR FUND TRANSFER

AGREEMENTS ASSOCIATED
WITH AGREEMENT NO. 08-
5186S21
WHEREAS, the City Council (“City Council”) of
the City of Hemet (the “City”) is eligible to receive
federal and/or state funding for certain transportation projects; and

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CITY COUNCIL RESOLUTION NO. 2022-xxx
WHEREAS, Master Agreements, Program
Supplement Agreements, Fund Exchange
Agreements, and/or Fund Transfer Agreements need
to be executed with the California Department of
Transportation (“Caltrans”) prior to such funds can be
claimed; and
WHEREAS, City Council wishes to delegate
authorization to the City Manager for execution of the
Master Agreement, all Program Supplement
Agreements, Fund Exchange Agreements, and/or
Fund Transfer Agreements associated with
agreement No. 08-5186S21, and any amendments
thereto with Caltrans; and

NOW, THEREFORE, THE CITY COUNCIL OF

THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:

1. Approve the Administering
Agency-State Master Agreement
No. 08-5186S21 and all future
Program Supplement Agreements,
Fund Exchange Agreements, and/or
Fund Transfer Agreements
associated with Agreement No. 08-
5186S21 with the California
Department of Transportation
(Caltrans); and

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CITY COUNCIL RESOLUTION NO. 2022-xxx

2. Authorize the City Manager or
Designee to execute Master
Agreement, all future Program
Supplement Agreements, Fund
Exchange Agreements, and/or Fund
Transfer Agreements associated
with Agreement No. 08-5186S21.

PASSED, APPROVED AND ADOPTED this
26th day of April 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of
Hemet, do hereby certify that the foregoing resolution
was adopted by the Hemet City Council on the 26 th
day of April 2022, and was passed by the following
vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

14.E

14.E

MASTER AGREEMENT

ADMINISTERING AGENCY-STATE AGREEMENT FOR

STATE-FUNDED PROJECTS
08 City of Hemet
-------- ---------------------------------------------- District Administering Agency
Agreement No. 08-5186S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Hemet, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:

1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and

2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and

3. WHEREAS, said PROJECT will not receive any federal funds; and

4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.

NOW, THEREFORE, the PARTIES agree as follows:

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ARTICLE I - PROJECT ADMINISTRATION

1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.

2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.

3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.

5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.

6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.

7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.

8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).

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14.E

9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.

10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.

11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.

12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.

13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY.

Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.

14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.

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14.E

15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.

16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.

18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.

19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.

20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.

21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.

22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.

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14.E

23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.

24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.

ARTICLE II - RIGHTS-OF-WAY

1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.

2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal.

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14.E

(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.

3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.

ARTICLE III - MAINTENANCE AND MANAGEMENT

1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.

2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.

3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires.

Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY.

All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.

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14.E

4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.

ARTICLE IV - FISCAL PROVISIONS

1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.

2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.

3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period

4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.

5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.

6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.

7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.

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14.E

8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.

9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.

10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.

11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.

12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.

13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.

14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.

15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess
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14.E

of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.

16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.

17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments.

ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.

18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.

19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.

20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.

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constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.

22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.

ARTICLE V

AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS

1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.

2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.

3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.

4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.

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5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.

6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.

7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.

8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.

9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.

ARTICLE VI - MISCELLANEOUS PROVISIONS

1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.

2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.

3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.

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5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.

6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.

7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.

9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.

10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.

11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

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12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.

The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.

13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.

14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.

15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.

16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.

17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.

18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the Page of 1613Page 21 of 27

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extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.

19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.

20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.

21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.

IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.

STATE OF CALIFORNIA City of Hemet

DEPARTMENT OF TRANSPORTATION
By______________________________ By_______________________________ ________________________________ _______________________________ Chief, Office of Project Implementation City of Hemet Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative)
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EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM

1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.

2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.

3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.

4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.

5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act.

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(b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.

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1/6/22

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SPECIAL COVENANTS OR REMARKS
08-RIV-0-HEM
HSIPSL-5186(019)

1. A. This PROJECT has received STATE funds from Highway Safety Improvement Program (HSIP). The ADMINISTERING AGENCY agrees to administer the PROJECT in accordance with the Highway Safety Improvement Program (HSIP) Guidelines, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT.

B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W) and Construction (Con).

A phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.

C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.

D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.

E. This PROJECT is subject to the delivery requirements enacted by the HSIP guidelines. The delivery requirements may be accessed at: https://dot.ca.gov/programs/local-assistance/fed- and-state-programs/highway-safety-improvement-program/delivery-requirements-status- approved-projects.

F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.

G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W and CON costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and
2 Page of 3Program Supplement 08--518-Z64- SERIAL

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SPECIAL COVENANTS OR REMARKS
08-RIV-0-HEM
HSIPSL-5186(019)
payment.

H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.

I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).

J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.

K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 3 Page of 3Program Supplement 08--518-Z64- SERIAL

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Apr 26 2022
Department: Community Development
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director, Lionel Martinez, Code Compliance Manager;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Four (4) 2022 Ford F-150 Lightning Pro 4WD Supercrew from National Auto Fleet Group in an Amount Not to Exceed $200,000

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, awarding the purchase of four (4) 2022 Ford F-150 Lighting Pro 4WD SuperCrew from National Auto Fleet Group in an amount not to exceed $200,000.

BACKGROUND:

The item was continued from the April 12, 20222 City Council meeting to research the possible available grants to cover the proposed expenditure.

The Building Division is responsible for the inspections for all residential and commercial inspections in the City of Hemet. Currently, one of the vehicles operated by the Building Division is a 2005 Ford F - 150 gas engine truck to travel to inspection sites through the City of Hemet. This vehicle currently has approximately 111,000 miles.

The Code Compliance Division is in a similar situation. Two of the three trucks are 17 years old, 2005 Ford F-150 gas vehicles, with high mileage. The vehicles are in constant need of maintenance and repairs to keep them on the road safely to allow our Code Off icers to perform their daily duties. Cost for maintenance and repair continue to increase yearly as these trucks have reached their useful life.

These vehicles are vital to ensuring the Code Compliance and Building Divisions can perform their functions throughout the City.

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The Electric Vehicles (F -150 Ford Lightning Pro Trucks) have Zero emissions, incur 40% less in maintenance costs, have an EPA-estimate range of 230 to 300 miles on a full charge, and shows our Hemet residents their city is doing their part in helping keep air quality clean and safe for future generations.

ANALYSIS:

At April 12, 2022, City Council meeting, staff was directed to revisit possible grants that may be available in purchasing electric vehicles. After further research, grants available are for passenger vehicles and oversize vehicles, and heavy-duty trucks to help with reducing high emissions. Staff found the following grant program:

• California HVIP Eligible Vehicles – Hybrid and Zero-Emission Truck and Buses. This grant only applies to Over Sizes and Heavy-Duty Trucks: Shuttle Buses, School Buses, Box Trucks, Panel Vans, and Heavy-Duty Trucks.
• California Clean Vehicle Rebate Project (CVRP) offers rebate for the purchase or lease of new, eligible zero-emission, and plug-in hybrid light-duty vehicles.

Both these grants do not offer the Ford F-150 Lighting Pro Truck nor any other light-duty electric trucks to meet the needs of Code Compliance and Building & Safety Divisions. These light -duty trucks, such as F-150s are critical and necessary to help assist in abating trash, debris, and illegal vendor products from our public right of way. Also, these vehicles are used to help assist with emergency logistic support and the removal of homeless encampments that cause a potential Health & Safety Hazard to our community.

At this time AQMD does not have any grants that would fit the needs of the department. However, staff did find the Enel X grant which provides grant funding for rebates on the installation of a Level 2 Commercial EV charging stations and DC fast charging stations. Staff would be following up on this grant for the future charging stations.

On January 25, 2022, City Council approved the 2021/2022 mid -year budget which included the purchase of these vehicles. The funding will come entirely from the 2021/2022 Equipment Replacement Fund. Historically, operational departments and divisions contri bute a portion of their budget to the vehicle replacement fund to plan for future vehicle replacements to plan for these types of expenditures.

The City of Hemet has utilized the National Auto Fleet Group to purchase city vehicles for various departments. We are piggybacking on the existing contract ( Sourcewell Contract 091521 -NAF) to purchase vehicles due to the fleet pricing.

The vehicles are necessary to assist in abating any trash, debris, and illegal vendor products (health hazard edible products) to the City Yard for disposal. Additionally, the truck format is necessary in assisting with emergency logistic support as well as negotiating rough terrains of hillsides and unpaved muddy homeless investigating and searching in aids rainfall. It after and during areas also encampments and possible removals of abandoned debris where larger vehicles may not be able to access.

Staff is requesting Ford F -150 Lightning trucks based on the availability and the capacity of the truck functionality. The current supply chain issues will place the delivery of the vehicles to six months to a year. Other electric trucks are not scheduled to arrive until years 2023 to 2024. Additionally, the F - 150 Lightnings will provide zero-emission and reduction in fuel cost with a maximum range of 320 miles to a full charge. Also, the Ford F-150 Lightning has the capacity to provide outlets on the field for small

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hand tools and a "fronk" (front trunk) to store the necessary tools for immediate board -ups without adding aftermarket storage units to the bed of the truck.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

The proposed action aligns with Council adopted objective: Enhance the visual appearance of the community to make it attractive and reduce blight.

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

The proposed action aligns with Council adopted objective: Operate in a financially susta inable manner.

FISCAL IMPACT:

No General Fund Impact. Full funding for this purchase of the vehicles is available in the Equipment Replacement the towards contribute year, departments/divisions Each 380. No. Fund budget Equipment Replacement Fund to accumulate funds to purchase vehicles to replace inventory.

The funds are accumulated in the Equipment Replacement Fund's reserve and internally tracked by the Finance Department with each department/division having its own allocation. When surplus items are sold at auction, the revenue is posted back into the Equipment Replacement Fund and added to the department/division's allocation.

ALTERNATIVE(S):

If the City Council selects to not approve this purchase, the maintenance and repairs costs will continue to increase and the increase chance of these vital vehicles being out of service and unusable. The 2005 F-150 Ford Trucks and other similar vehicles, according to our city fleet mechanics, are continuing to become more difficult to keep these trucks in service.

ATTACHMENT(S):

Attachment 1_ Resolution - four F150 Lightning
Attachment 2_ MemberQuotes-F-150 Electric Truck

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City of Hemet Resolution No. 2021-XXX

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AWARDING THE
PURCHASE OF FOUR (4) 2022 FORD F-150
LIGHTNING PRO 4WD SUPERCREW FROM

NATIONAL AUTO FLEET GROUP IN AN AMOUNT NOT
TO EXCEED $200,000
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Code Compliance and Building Divisions of the Community Development Department are currently using high mileage 2005 Ford F-150 gas engine trucks which are nearing the end of their useful life and are experiencing higher than normal maintenance resulting in a replacement need; and WHEREAS, it is anticipated that transitioning to fully electric vehicles for the Code Compliance and Building Divisions of the Community Development Department will decrease operating costs by reducing fuel and maintenance requirements; and WHEREAS, pursuant to Hemet Municipal Code (“HMC”) Section 2-329(b), competitive bidding is not required if the City can buy directly from a vendor at a price established by competitive bidding by another federal, state, county or local government agency in substantial compliance with the City’s procurement procedures even if the City has not joined with that public agency in a cooperative purchase agreement; and
WHEREAS, Sourcewell, a service cooperative created by the Minnesota legislature as a local unit of government, has previously issued a Request for

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City of Hemet Resolution No. 2021-XXX
Proposal for the purchase of fleet vehicles and awarded contract #0915221-NAF to National Auto Fleet Group, which includes unit pricing for a 2022 Ford F-150 Lightning Pro 4WD Super Crew in the amount of $45,862.10 as described in the attached Exhibit A.

WHEREAS, the City Council finds that it is appropriate to “piggyback” off of the competitive procurement initiated by Sourcewell; and
WHEREAS, the City Council finds that the purchase of the four (4) 2022 Ford F-150 Lightning Pro 4WD Super Crew meets the strategic plan goal of promoting Quality of Life by ensuring that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit as well as the strategic plan goal of Organizational Effectiveness by providing services to the community and ensuring financial stability.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE AS FOLLOWS:

SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.

SECTION 2. City Council Actions.
a) The City Manager, or his designee, is authorized and directed to utilize the Internal Service Fund: Equipment Replacement (Fund No. 380) for the purchase and outfitting of four (4) 2022 Ford F-150 Lightning Pro 4WD Super Crew vehicles, and to allocate the expenses to the Code Compliance Division and Building Division.
b) The City Manager, or his designee, is authorized and directed to execute any purchase orders, agreements, or other documents necessary to

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City of Hemet Resolution No. 2021-XXX
effectuate the purchase, equipping and outfitting of four (4) 2022 Ford F- 150 Lightning Pro 4WD Super Crew vehicles in an amount not to exceed $200,000.00 in aggregate, so long as such purchase orders, agreements, or other documents are in a form approved by the City Attorney. c) The City Manager, or his designee, is authorized and directed to evaluate the existing vehicles replaced by this Resolution and to determine whether such vehicles shall be reassigned to another Department of the City or shall be designated as surplus to the City. If designated as surplus to the City, then the City Manager is authorized and directed to either: (1) sell the replaced vehicles at public auction and return the proceeds to Fund 380 or, (2) return to the City Council for finding of public purpose and approval to transfer the vehicles to another public agency or nonprofit that will use the vehicles to provide services within the City of Hemet.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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One Unit (MSRP) One Unit Total % Savings Total Savings
Contract Price $42,264.00 $42,164.00 0.237 % $100.00
Tax (8.7500 %)   $3,689.35
Tire fee   $8.75
Total   $45,862.10
Jesse Cooper
Account Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
2/7/2022                                        Quote ID: 31403 Order Cut Off Date: TBA
Candace Sunds
City of Hemet
Procurement
445 E. Florida Ave
Hemet, California, 92543
Dear Candace Sunds ,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

One (1)  New/Unused ( 2022 Ford F-150 Lightning (W1E) Pro 4WD SuperCrew 5.5' Box 145" WB , ) and delivered to your specified location, each for
- per the attached specifications.

This vehicle(s) is available under the  Sourcewell Contract 091521-NAF  . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,

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Purchase Order Instructions & Resources

In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:

Email:  [email protected]
Fax:    (831) 480-8497
Mail:  National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076

We will send a courtesy confirmation for your order and a W-9 if needed.

Additional Resources
Learn how to track your vehicle:                                     www.NAFGETA.com Use the upfitter of your choice:                                  www.NAFGpartner.com Vehicle Status:                                         [email protected] General Inquiries:                                   [email protected]

For general questions or assistance please contact our main office at:
1-855-289-6572

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Vehicle Configuration Options
ENGINE
Code Description
99L ENGINE: DUAL EMOTOR - STANDARD BATTERY, -inc: 98 kWh usable capacity standard range high-voltage battery (STD)

TRANSMISSION
Code Description
44L TRANSMISSION: SINGLE-SPEED, (STD)
PRIMARY PAINT
Code Description
YZ OXFORD WHITE
PAINT SCHEME
Code Description
___ STANDARD PAINT
SEAT TYPE
Code Description
VS MEDIUM DARK SLATE, VINYL BUCKET FRONT SEATS, -inc: 2-way manual driver/passenger w/flow-through console and floor shifter
OPTION PACKAGE
Code Description
110A EQUIPMENT GROUP 110A STANDARD
ADDITIONAL EQUIPMENT
Code Description
96W TOUGH BED SPRAY-IN BEDLINER

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2022 Ford F-150 Lightning Pro 4WD SuperCrew 5.5' Box 145" WB

CODE MSRP
W1E $39,974.00

99L $0.00
44L $0.00
YZ $0.00
___ $0.00
VS $0.00
110A $0.00
96W $595.00
$40,569.00
$0.00
$1,695.00
$42,264.00
Est City:  MPG
Est Highway:  MPG
Est Highway Cruising Range: N/A mi
2022 Fleet/Non-Retail Ford F-150 Lightning Pro 4WD SuperCrew 5.5' Box 145" WB
WINDOW STICKER

MODEL
2022 Ford F-150 Lightning Pro 4WD SuperCrew 5.5' Box 145" WB

OPTIONS
ENGINE: DUAL EMOTOR - STANDARD BATTERY, -inc: 98 kWh usable capacity standard range high-voltage battery (STD) TRANSMISSION: SINGLE-SPEED, (STD)
OXFORD WHITE
STANDARD PAINT
MEDIUM DARK SLATE, VINYL BUCKET FRONT SEATS, -inc: 2-way manual driver/passenger w/flow-through console and floor shifter EQUIPMENT GROUP 110A STANDARD
TOUGH BED SPRAY-IN BEDLINER
Please note selected options override standard equipment

SUBTOTAL
Advert/ Adjustments
Manufacturer Destination Charge
TOTAL PRICE

Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.

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Standard Equipment

MECHANICAL
Engine: Dual eMotor - Standard Battery -inc: 98 kWh usable capacity standard range high-voltage battery Transmission: Single-Speed
GVWR: 8,250 lbs
Transmission w/Driver Selectable Mode
Full-Time All-Wheel
Driver Selectable Rear Locking Differential
Battery w/Run Down Protection
Class IV Towing Equipment -inc: Hitch and Trailer Sway Control Trailer Wiring Harness
2000# Maximum Payload
HD Front Shock Absorbers and Gas-Pressurized Rear Shock Absorbers Front And Rear Anti-Roll Bars
Electric Power-Assist Speed-Sensing Steering
Permanent Locking Hubs
Double Wishbone Front Suspension w/Coil Springs
Trailing Arm Rear Suspension w/Coil Springs
Regenerative 4-Wheel Disc Brakes w/4-Wheel ABS, Front And Rear Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
Lithium Ion Traction Battery w/10.5 kW Onboard Charger and 14 Hrs Charge Time @ 220/240V

EXTERIOR
Wheels: 18" Machined w/Black High Gloss Pockets
Tires: 275/65R18 A/T
Regular Box Style
Aluminum Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Black Front Bumper w/Black Rub Strip/Fascia Accent and 2 Tow Hooks Black Rear Step Bumper
Black Side Windows Trim
Black Door Handles
Black Manual Side Mirrors w/Manual Folding
Fixed Rear Window
Deep Tinted Glass
Variable Intermittent Wipers
Aluminum Panels
Black Grille
Tailgate Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Ford Co-Pilot360 - Autolamp Auto On/Off Projector Beam Led Low/High Beam Directionally Adaptive Auto High-Beam Daytime Running Lights Preference Setting Headlamps w/Delay-Off
Cargo Lamp w/High Mount Stop Light
LED Brakelights
Headlights-Automatic Highbeams

ENTERTAINMENT
Radio: AM/FM Stereo w/6 Speakers

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Radio w/Seek-Scan, Clock, Speed Compensated Volume Control and Radio Data System Fixed Antenna

INTERIOR
Vinyl Bucket Front Seats -inc: 2-way manual driver/passenger w/flow-through console and floor shifter Driver Seat
Passenger Seat
60-40 Folding Split-Bench Front Facing Fold-Up Cushion Rear Seat Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Traction Battery Level, Power/Regen, Traction Battery Temperature and Trip Odometer
Power Rear Windows
FordPass Connect 4G Mobile Hotspot Internet Access
Front Cupholder
Rear Cupholder
3 12V DC Power Outlets
Compass
Remote Keyless Entry w/Integrated Key Transmitter and Panic Button Cruise Control w/Steering Wheel Controls
Dual Zone Front Automatic Air Conditioning
HVAC -inc: Underseat Ducts and Console Ducts
Locking Glove Box
Driver Foot Rest
Interior Trim -inc: Cabback Insulator, Metal-Look Door Panel Insert and Metal-Look Interior Accents Full Cloth Headliner
Urethane Gear Shifter Material
Day-Night Auto-Dimming Rearview Mirror
Driver And Passenger Visor Vanity Mirrors
Full Floor Console w/Locking Storage, Mini Overhead Console w/Storage, 3 12V DC Power Outlets and 7 120V AC Power Outlets Front Map Lights
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Plastic Floor Trim
Cargo Area Concealed Storage
Pickup Cargo Box And Cargo Space Lights
Smart Device Remote Engine Start
SYNC 4 Connected Navigation (w/Free 3-Year Trial) Integrated Navigation System w/Voice Activation SYNC 4 w/Enhanced Voice Recognition -inc: 12" LCD capacitive touchscreen w/swipe capability, information on demand panel, wireless phone connection, cloud connected, AppLink w/App catalog, 911 Assist, wireless Apple CarPlay and Android Auto compatibility, digital owners manual, conversational voice command recognition and connected built-in navigation, Note: Navigation services require SYNC4 and FordPass Connect (optional on select vehicles), complimentary connect service and the FordPass app (see FordPass Terms for details), Eligible vehicles receive a complimentary 3-year trial of navigation services that begins on the new vehicle warranty start date, Customers must unlock the navigation service trial by activating the eligible vehicle w/a FordPass member account, If not subscribed by the end of the complimentary period, the connected navigation service will terminate, and the system will revert to embedded offline navigation, Connected service and features depend on compatible AT&T network availability, Evolving technology/cellular networks/vehicle capability may limit functionality and prevent operation of connected features, FordPass App, compatible w/select smartphone platforms, is available via a download, Message and data rates may apply
Instrument Panel Bin, Dashboard Storage, Interior Concealed Storage, Driver / Passenger And Rear Door Bins Power 1st Row Windows w/Driver And Passenger 1-Touch Up/Down Delayed Accessory Power
Power Door Locks w/Autolock Feature
Outside Temp Gauge
Digital Appearance

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Seats w/Vinyl Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Perimeter Alarm
3 12V DC Power Outlets and 7 120V AC Power Outlets
SAFETY
AdvanceTrac w/Roll Stability Control Electronic Stability Control (ESC) And Roll Stability Control (RSC) ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Reverse Sensing System Rear Parking Sensors
Ford Co-Pilot360 - BLIS (Blind Spot Information System) Blind Spot Ford Co-Pilot360 - Pre-Collision Assist with Automatic Emergency Braking (AEB) Lane Keeping Alert Lane Keeping Assist
Lane Keeping Alert Lane Departure Warning
Collision Mitigation-Front
Driver Monitoring-Alert
Collision Mitigation-Rear
Tire Specific Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1st And 2nd Row Airbags
Airbag Occupancy Sensor
Mykey System -inc: Top Speed Limiter, Audio Volume Limiter, Early Low Fuel Warning, Programmable Sound Chimes and Beltminder w/Audio Mute
Rear Child Safety Locks
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners Ford Co-Pilot360 - Reverse Camera Back-Up Camera

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Apr 26 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Travis Holyoak, Water/Waste Water Superintendent;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving an Application for the Department of Interior, Bureau of Reclamation, WaterSMART Grants: Small -Scale Water Efficiency Projects in the Amount of $100,000.00 and Authorize the City Manager to Execute All Documents

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving an Application for the Department of Interior, Bureau of Recl amation, WaterSMART Grants: Small -Scale Water Efficiency Projects in the Amount of $100,000.00 and Authorize the City Manager to Execute All Documents.

BACKGROUND:

The U.S. Bureau of Reclamation (USBR) has announced the availability of funds for small-scale water efficiency projects through FY 2022 WaterSMART Grants: Small-Scale Water Efficiency Projects. The funding is intended to conserve and use water more efficiently, mitigate conflict risk in areas at a high risk of future water conflict, and accomp lish other benefits that contribute to water supply reliability in the western United States.

In March of 2022, the City acquired the services of The Ferguson Group to assist staff in the grant application process to meet the application deadline of April 28, 2022.

ANALYSIS:

The proposed program provides rebates to residential and commercial property owners with existing irrigation systems to upgrade to a Weather Based Irrigation Controller (WBIC). WBIC is designed to reduce water waste outdoors while keeping landscapes health y. Weather-based irrigation controllers (WBICs) are one option for homeowners and businesses to achieve water -efficient irrigation scheduling. By using local weather data and landscape conditions to tailor watering schedules, weather-based irrigation contr ollers determine when and how much to water. The City anticipates

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providing rebates to 500 residential properties and 20 commercial properties. Residential rebates will be available for up to $200 per property, while commercial rebates will be available fo r up to $4,000.

The City will encourage and inform residents to consider purchasing EPA -identified WaterSense verified WBIC.

The City has also received support letters for the grant and the program from Eastern Municipal Water District and The Hemet -San Jacinto Watermaster. EMWD has done similar programs in the past to encourage water conservation.

The City is applying for grant funding in the amount of $100,000.00 with a 100% match. Total funds available for the landscape irrigation controller rebate program will be $200,000.00 to provide rebates to approximately 500 residential properties and 20 commercial properties over a two (2) year period.

The project period is estimated to be from March 31, 2023, to March 31, 2025.

Staff recommends the adoption of this resolution for water conservation practices through the recently passed 2022 Water Conservation Ordinance and 2022 Urban Water Management Plan to provide rebates to residents and commercial property owners with existing irrigation systems to upg rade to a Weather Based Irrigation Controller (WBIC).

DISCUSSION:

The City of Hemet desires to improve water monitoring and management of its entire service area. The project involves establishing a landscape irrigation controller rebate program. The C ity recognizes the need for water conservation practices through the recently passed 2022 Water Conservation Ordinance and 2022 Urban Water Management Plan.

The City of Hemet seeks funding to support outdoor water conservation through irrigation efficie ncy measures. The proposed project develops a rebate program to incentivize residential and commercial property owners to install weather-based irrigation controllers (WIBCs).

Approximately 30 percent of all potable water consumption is used to irrigate ornamental landscapes, and 50 percent or more of that water is wasted due to inefficient application methods, making this project a priority conservation strategy for the city. This program is identified in the City's recently updated water conservation pl an (2022) and City code. The City anticipates an annual water savings of 12.58 AF per year resulting from the installation of WIBCs at 520 properties. The water service area generally extends from Menlo Avenue on the north to Stetson Avenue on the south and from Sanderson Avenue on the west to San Jacinto Street on the east. The population within the water service is an estimated 30,433 and is projected to grow to 33,386 by 2045. The City has 8,814 residential connections and 161 commercial connections. The proposed Rebate Program will be offered on a first- come-first-serve basis to 500 residential and 20 commercial water customers in the City’s 5.25 square mile water boundary service area.

The City’s water supply sources include groundwater pumped from the San Jacinto Basin and treated, imported water purchased from the Metropolitan Water District (MWD) of Southern California through the Eastern Municipal Water District (EMWD). The City’s main source of water supply is groundwater pumped from the San Jac into Basin. The City’s three active wells (Wells 2A, 10A, and 12) produce groundwater from the San Jacinto Basin which covers an area of approximately 60 square miles. The San Jacinto Basin is drained by the San Jacinto River and is recharged by surface runoff from adjacent mountains and hills, by rainfall directly on the valley floor, and by return flow from water applied from overlying uses. The San Jacinto Basin serves as a natural storage reservoir and filtering system for

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wells constructed therein. In addition, the San Jacinto Basin has a Groundwater Replenishment Program which uses untreated imported water to recharge the San Jacinto Basin.

PREVIOUS COUNCIL ACTION:

None.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

The proposed action aligns with Council adopted objective:

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blig ht.

By establishing a landscape irrigation controller rebate program, the City desires to improve water monitoring and management of the water service area.

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 1: Operate in a financially sustainable manner by seeking grant funding for programs and projects. Also, meets the action item of utilize a grant writer to apply for grants in line with priority goals.

FISCAL IMPACT:

There is no general fund fiscal impact related to the adoption of this Resolution. If awarded, the grant requires a 100% match which will come from the FY 2022/23 water budget.

ALTERNATIVE(S):

Council may choose to not approve the grant application and forego the grant opportunity.

REVIEWED BY LEGAL:

☐ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: WaterSmart - Resolution
Attachment 2: EMWD Support Letter
Attachment 3: Watermaster Support Letter

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING APPLICATION

FOR THE DEPARTMENT OF INTERIOR, BUREAU OF
RECLAMATION, WATERSMART GRANTS: SMALL -

SCALE WATER EFFICIENC Y PROJECTS IN THE
AMOUNT OF $ 100,000.00 AND AUTHORIZE THE CITY

MANAGER TO EXECUTE ALL DOCUMENTS

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

WHEREAS, the City of Hemet desires to improve water monitoring and management of its entire service area; and
WHEREAS, the Project involves establishing a landscape irrigation controller rebate program; and
WHEREAS, the City recognizes the need for water conservation practices through the recently passed 2022 Water Conservation Ordinance and 2022 Urban Water Management Plan; and
WHEREAS, the U.S. Bureau of Reclamation (USBR) has announced the availability of funds for small -scale water efficiency projects through FY 2022 WaterSMART Grants: Small-Scale Water Efficiency Projects; and WHEREAS, said funding is intended to conserve and use water more efficiently; mitigate conflict risk in areas at a high risk of future water conflict; and accomplish other benefits that contribute to water supply reliability in the western United States; and WHEREAS, said funding includes grants at reasonable terms; and WHEREAS, the City will comply with all applicable laws and regulations relating to the project, including NEPA prior to implementation of the Project; and

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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WHEREAS, various documents are required to be filed with the USBR related to the FY 2022 WaterSMART Grants: Small -Scale Water Efficiency Projects application.

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. Approves the filing of project application(s) for the Department of Interior, Bureau of Reclamation, WaterSMART Grants: Small-Scale Water Efficiency Projects in the Amount of $100,000.00; and
SECTION 3. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for completion of the grant scope(s); and
SECTION 4. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

SECTION 5. This Resolution shall take effect upon its adoption.

PASSED, APPROVED AND ADOPTED this 26th day of April 2022.

____________________________
Malcom Lilienthal, Mayor

ATTEST:

_____________________________
John Paul Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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State of California )
County of Riverside )
City of Hemet )

I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 26th day of April 2022, and was passed by the following vote:

AYES: Council Members: None.

NOES: Council Members: None.

ABSTAIN: Council Members: None.

ABSENT: Council Members: None.

_____________________________
John Paul Maier, City Clerk

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April 4, 2022

United States Bureau of Reclamation
Water Resources and Planning Office
Ms. Robin Graber
Mail Code: 86-6300
P.O. Box 25007
Denver, CO 80225
Subject: Support for City of Hemet Grant Application

Dear Ms. Graber:

On behalf of Eastern Municipal Water District (EMWD), we would like to express our support for the City of Hemet’s grant application with the United States Bureau of Reclamation to support its Landscape Irrigation Controller Rebate Program.

This program would support the City’s efforts to expand its smart ir rigation controller program to local residents and businesses. Through the implementation of this program, the City would further create a culture of water use efficiency, which would result in reduced groundwater pumping and also further the City’s efforts to adapt to the water supply variabilities resulting from climate change and drought.

EMWD has provided similar programs for the customers in its service area and the program has been well-received. The City’s program could further enhance regional outdoor water use efficiency efforts.

EMWD supports the City’s continued efforts to seek grant funding to reduce costs to its ratepayers.

Should you have any questions, please contact me at 951-928-6130 or [email protected].

Sincerely,

Joe Mouawad, P.E.

General Manager

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IrimevjaeizxterWatennaster1315CoronaPointeCourt.Suite202Corona,(IA92879 WatermasrerBoardChairLindaKrupaVice-ChairStevePastorSecretary-TreasurerPhilipE.PauleBoardMembersBruceScottBrianHawkinsBoardAlternatesPhilAyalaRussBrownSusieEsquireDave“Joe”JorgensenRandyA.RecordDavidSlawsonAdvisorBehroozMortazaviLegalCounselLagerlof,LLC March29,2022BureauofReclamationWaterResourcesandPlanningOfficeMs.RobinGraberMailCode:86-6300P.O.Box25007Denver,[email protected]:SupportofCityofHemet’sApplicationforWaterSMARTSma||—Sca|eWaterEfficiencyGrant:LandscapeIrrigationControllerRebateProgramDearMs.Graber,Hemet—SanJacintoWatermaster(Watermaster)ispleasedtovoicesupportfortheCityofHemet’s(City)proposalforfundingfromtheU.S.BureauofReclamationfortheLandscapeIrrigationControllerRebateProgram.TheCity’sLandscapeIrrigationControllerRebateProgrambuildsontheCity’seffortstoconserve,bettermanage,andmakemoreefficientuseofitsgroundwatersupply.TheProgramwillproviderebatestoresidentialandcommercialcustomerswhoupgradetheirirrigationcontrollertoaweather-basedirrigationcontroller(WBIC).Byusinglocalweatherdataandlandscapeconditionstotailorwateringschedules,WBlCsdeterminewhenandhowmuchtowater,achievingawater-efficientirrigationschedule.Thisprogramwillhelpthecityadaptandmitigatetheeffectsofclimatechange,whilebeingmindfulstewardsofwaterresourcesduringaprolongeddrought.TheWatermaster,ajudicialorganizationintheCountyofRiverside,wasformedbyaJudgmententeredonApril18,2013,attheRiversideCountySuperiorCourt.TheWatermasterisresponsiblefortheimplementationofthePhysicalSolutionimposedbytheJudgmentinthewesternportionofRiversideCountywithintheSanJacintoRiverWatershedincludingtheCitiesofSanJacintoandHemet,aswellastheunincorporatedareasofWinchester,ValleVista,andCactusValley.UseoftheWBlCsbytheCitycustomerswillenhancemoreefficientuseofgroundwaterresourcesintheHemet—SanJacintoarea.

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HamaaciamWatermaster1315CoronaPointeCourt,Suite202Corona,CA92879 WatermasterlszzarziThankyouforconsideringtheCityofHemet’sLandscapeIrrigationControllerRebateProgramforU.S.BureauofReclamationfunding.ChairLindaKrupaVice-Chair_StevePastorSincerely,Secretary-TreasurerJ-PhilipE.Paule,,,,a,,,M,,,,,,,e,sBehroozMazavi,Ph.D.,P.E.BruceScott ‘
AdvisorB"“‘“”‘““"‘“SHemet-SanJacintoWatermasterBqardA1zernatesBehrooz@h2oengineersPh"Ayah714-794-5520RussBrownSusieEsquireDave“Joe"JorgensenRandyA.RecordDavidSlawsonAdviserBehroozMortazaviLegalCounselLagerlof.LLC

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Apr 26 2022
Department: Fire Department
Submitted by: Christopher Lopez, City Manager
Eddie Sell, Fire Chief;

☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Accepting the FY2021 Grant Funding of $9,801 from the State Homeland Security Grant Program (SHSGP), Administered through Riverside County Emergency Management Department for CERT, and Auth orizing the Finance Director to Establish Appropriations in Public Safety Fund #232 for the Grant Performance Period

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Accept the grant from the State Homeland Security Grant Prog ram administered through the Riverside County Emergency Management Department for CERT in the amount of $9,801 for the period of February 17, 2022 to May 31, 2023.

2. Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the FY20 21 Grant (SHSGP), Program Grant Security Homeland the from $9,801 of Funding State Administered through Riverside County Emergency Management Department for CERT, and Authorizing the Finance Director to Establish Appropriations in Public Safety Fund #232 f or the Grant Performance Period.

3. Authorize the Finance Director to establish appropriations in the Public Safety Grant Fund #232 to reflect the award amount of $9,801 under CERT.

BACKGROUND:

The CERT concept was developed and implemented by the Los Angeles City Fire Department in 1985.

The Whittier Narrows earthquake in 1987 underscored the area -wide threat of a major disaster in California. Further, it confirmed the need for training civilians to meet their immediate needs.

CERT became a national pro gram in 1993. There are now CERT programs in all 50 states, including many tribal nations and U.S. territories. Each is unique to its community and all are essential to building a Culture of Preparedness in the United States. There are over 2,700 local CERT programs nationwide and more than 600,000 people have trained since CERT became a national program.

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The Community Emergency Response Team (CERT) program educates volunteers about disaster preparedness for the hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations.

CERT offers a consistent, nationwide approach to volunteer training and organization that professional responders can rely on during disaster situations, allowing them to focus on more complex tasks.

The Hemet City Co uncil has previously approved participation in the California Office of Homeland Security Grant Program for the Community Emergency Response Team (CERT) training. Participation includes applying for available grant funds for training exercises and equipment to expand and increase the readiness of CERT Teams throughout the San Jacinto Valley.

The city first applied for this funding in 2013 and has been awarded funds each year for CERT. Through the SHSP Grant program, the city has been awarded $119,570 since its initial application. The annual awards have ranged from $10,000 to $42,000. These funds been used to purchase equipment and fund training for local CERT members

ANALYSIS:

The 2021 SHSP Grant for CERT will allow for the continuation of capable, equipped, and trained CERT Team members to see to the immediate needs of citizens within their respective neighborhoods in the event of a major catastrophic incident until City of Hemet first responders become available.

This equipment includes a portable generator and electrical tools as well as lifting jacks and supports.

This equipment provides local Hemet CERT Teams the resources to search, locate and remove victims from entrapment. All team members will be trained on the safe and proper use of the se tools, which given them the confidence to take action to help others. As the number and skill of these teams grow within the city, a culture of resilience is fostered within the community.

DISCUSSION:

Based on the projected operational priorities, the Fire Department plans to adhere to the following expenditure plan:

CERT Equipment:

(1) Portable Generator $2,500
(2) Tables (9) Chairs $1,280
Tools Extension Cords (4)
Tarps (8) Shovels (8) Wood Cribbing (22)
Pinch Point Bar (12) Wrench Bar (12)
Lifting Jack (2) Jack Stands (8)
$6,021
Total $9,801

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STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.

Objective 3: Increase Public Safety visibility and response.

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 2: Develop concepts and programs to enhance the quality of life services.

FISCAL IMPACT:

There is no impact to the General Fund as funds spent out of the Public Safety Grant Fund #232 are reimbursed through this grant; however, the Finance Director will need to establish appropriations in Public Safety Grant Fund #232 to reflect the grant award.

ATTACHMENT(S):

Attachment 1 Resolution CERT Grant
Attachment 2 FY21 Hemet CERT

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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, ACCEPTING THE FY2021
GRANT FUNDING OF $9,801 FROM STATE

HOMELAND SECURITY GRANT FOR CERT, AND

AUTHORIZING THE FINANCE DIRECTOR TO

ESTABLISH APPROPRIATIONS IN PUBLIC SAFETY
FUND #232 FOR THE GRANT PERFORMANCE
PERIOD
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Community Emergency Response Team (CERT) program educates volunteers about disaster preparedness for the hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization, and disaster medical operations. CERT offers a consistent, nationwide approach to volunteer training and organization that professional responders can rely on during disaster situations, allowing them to focus on more complex tasks.

WHEREAS, the Hemet City Council has previously approved participation in the California Office of Homeland Security Grant Program for the Community Emergency Response Team (CERT) training. Participation includes applying for available grant funds for training exercises and equipment to expand and increase the readiness of CERT Teams throughout the San Jacinto Valley.

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City of Hemet Resolution No. 2022-xxx
WHEREAS, the 2021 SHSP Grant for CERT will allow for the continuation of capable, equipped, and trained CERT Team members to see to the immediate needs of citizens within their respective neighborhoods in the event of a major catastrophic incident until City of Hemet first responders become available.

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

SECTION 1.Accept the grant from the State Homeland Security Grant Program administered through the Riverside County Emergency Management Department for CERT in the amount of $9,801 for the period of February 17, 2022 to May 31, 2023.

SECTION 2.Authorize the Finance Director to establish appropriations in Public Safety Grant Fund #232 to reflect the award amount of $9,801 to CERT to cover the purchase of necessary equipment.

PASSED, APPROVED AND ADOPTED this 12th day of April, 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________

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City of Hemet Resolution No. 2022-xxx
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 12th day of April, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:.

ABSTAIN: Council Members:.

ABSENT: Council Members:.
_____________________________
John Paul Maier, City Clerk

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450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOPHEPR.ORG ♦ TDD: 951.358.5124

Bruce Barton, Director
Emergency Management Department
February 17, 2022

City of Hemet
Fire Chief Eddie Sell
Fire Captain Laura Axcell

RE: FY21 State Homeland Security Program Grant (SHSP) Award - $ 9,801.00 Grant #2021-0081 CFDA#: 97.067

The California Office of Emergency Services (CalOES) has approved Riverside County’s FY 21 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests as of 2/17/2022.

The grant cycle for this grant will end on May 31, 2023. All final reimbursement requests are due no later than June 10, 2023.

Upon approval of pending paperwork this letter serves as authorization to begin spending and requesting reimbursement of your Anti -Terrorism Approval Authority (AT AA) app roved pr ojects. In an effort to ensure t hat all awarded funds are expended the State is requiring that reimbursement requests should be made at least every 6 months . E xpenses for equipment should be completed within the first 8 months after rec eiving this award letter. Training must b e completed or scheduled within the first year of this grant. Under extenuating circumstances some exceptions may be approved . Full Expenditure of the awarded funds is expected.

Riverside County Operational Area may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

Riverside County EMD does require you to provide a signed FY 21 Grant Assurance and completed and signed Workbook Face-Sheet as soon as possible. Modifications and Reimbursement Requests cannot be processed until we receive these documents. Please remember that changes to your grant will require the approval of the OA prior to i ncurring any costs.

All modificati ons, EHP’s, sole source procurement, EOC and construction requests require additional approvals from CalOES through the OA prior to incurring any costs.

By accepting this award, it is understood that you are agreeing to c omply with all applicable federal, state, and local requirements of the grant as put forth in the FY 21 Grant Assurances, federal and state guidances, and all provisions of 2 CFR 200 including part F - “Audit Requirements”. Any funds found owed as a result o f a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.

As always, please feel free to co ntact us wi th any question s you may have. I look forward to working with you and appreciate your cooperation and support.

Regards,

Joe Barron
Administrative Services Analyst II
Riverside County EMD

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Apr 26 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
Christopher Lopez, City Manager;

☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing

TITLE:

Consideration of Authorizing a Letter of Support for Assembly Bill 2440 (Irwin) : Public Resources Code, relating to recycling.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Consider authorization of a letter of support to Assembly Bill 2440 (Irwin): Public Resources Code, relating to recycling.

BACKGROUND:

CR&R, as well as the entire solid waste and recycling industry , is currently grappling with a significant amount of battery related truck and facility fires. The majority of these fires are related to the illegal and improper disposal of batteries. In particular, they are experiencing quite a few fires with regards t o the disposal of Lithium Ion Batteries. These types of batteries are found in all types of battery powered products from laptops to drones, to phones, etc. The list is endless. These fires are costing millions of dollars in damages and they are also a significant threat to public safety.

A letter of support for Assembly Bill 2440 (Irwin) would uphold efforts to require free collection for most loose and product-embedded batteries at convenient locations across the state and would also encourage manufacturers to be more responsible for the life cycle of their products by creating a producer -run program. Additionally, new practices would promote a circular economy by battery recycling to the extent that is economically and technically feasible.

ANALYSIS:

The Cell Phone Recycling Act of 2004 prohibits the sale of a cell phone in this state to a consumer unless the retailer of that cell phone has in place a take-back system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal.

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This bill would make the Rechargeable Battery Recycling Act of 2006 and the Cell Phone Recycling Act of 2004 inoperative as of September 30, 2026, and would repeal those acts as of January 1, 2027.

This bill would enact the Responsible Battery R ecycling Act of 2022, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of covered batteries and covered battery-embedded products, as defined.

The bill would require a producer or stewardship organization to develop, and submit for review and approval as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries and in a stewardship plan for covered battery - embedded products. The bill would require a stewardship organization or producer to have a complete stewardship plan approved by the department on or before December 31, 2025, in order to be in compliance with the act.

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.

Objective 3: Increase the community's pride within the City.

ALTERNATIVE(S):

Council can choose not to provide a letter of support for this piece of legislation.

ATTACHMENT(S):

Draft_Letter of Support AB 2440_IRWIN

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Apri
l 26, 2022
The H
onorable Bill Quirk, Chair
Assembly Environmental Safety and Toxic Materials Committee 1020 N Street, Room 171
Sacramento, CA 95814
Re: A
B 2440 (Irwin) Responsible Battery Recycling Act of 2022 – SUPPORT Dear
Chair Quirk:

We, the City of Hemet, are pleased to support AB 2440 (Irwin), which would create a convenient, statewide, producer-run collection and recycling program for loose and product-embedded batteries.

Due to the hazardous metals and corrosive materials that batteries contain, California classifies batteries as hazardous waste and bans them from solid waste landfills. When consumers are done with their loose batteries and portable electronics, they must collect, sort, and ultimately find an appropriate disposal option. Unfortunately, California currently lacks a streamlined and convenient collection and recycling system for batteries and batteries embedded in products.

Because of a combination of increased consumption and a lack of convenient disposal options, higher levels of toxic batteries and products are entering the waste stream.

When improperly discarded, lithium-ion (Li-ion) batteries in particular pose serious fire, health, and safety hazards. The influx of improperly disposed of Li-ion batteries into the waste stream has resulted in an alarming number of materials recovery facilities (MRFs), waste collection trucks, and landfills experiencing fires.

Oftentimes, Li-ion batteries are embedded in and irremovable from products, including portable electronics, such as phones, laptops, and power tools. When loose Li-ion batteries or Li-ion batteries embedded in products experience intense physical pressure – which is common in California’s waste processing system – the batteries can spark a fire or even explode. A 2018 California Product Stewardship Council survey found that 20 of the 26 MRFs surveyed experienced at least one fire during the previous two years, 65% of which were attributed to discarded batteries and 40% of those batteries were identified as Li-ion.1
For the average consumer, it can often be difficult to distinguish between chemistries of batteries, such as alkaline, nickel cadmium, and Li-ion. Therefore, to ensure the proper disposal of all battery chemistries and reduce the fire and safety risk, AB 2440 would require free collection for most loose and product-embedded batteries at convenient locations across the state. AB 2440 would also

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encourage manufacturers to be more responsible for the life cycle of their products by creating a producer-run program.

Lastly, AB 2440 would support a circular economy by battery recycling to the extent that is economically and technically feasible.

Manufacturers must be more responsible for the products they create – both loose batteries and ones embedded in other products – if we are going to protect our workers, communities, the environment, and waste management infrastructure from battery-related fires.

For these reasons, we are pleased to support AB 2440 (Irwin).

Sincerely,
__________________________
Malcolm Lilienthal, Mayor
__________________________
Karlee Meyer, Mayor Pro Tem
__________________________
Rus
s Brown, Council Member
__________________________
Linda Krupa, Council Member
__________________________
Joe Males, Council Member
Cc: The Honorable Jacqui Irwin
The Honorable Josh Newman
The Honorable Dianne Feinstein
The Honorable Chad Mayes
Erin Sasse, [email protected]
League of California Cities, [email protected]
J. Alex
Braicovich CR&R

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AMENDED IN ASSEMBLY MARCH 28, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2440
Introduced by Assembly Member Irwin
(Principal coauthor: Senator Newman)
(Coauthors: Assembly Members Lee, Mullin, Petrie-Norris, Stone, Ting, and Wicks)
(Coauthors: Senators Archuleta, Becker, Eggman, Wieckowski, and Wiener)
February 17, 2022
An act to add Article 5 (commencing with Section 42457) to Chapter

8.4 of, Article 7 (commencing with Section 42499.5) to Chapter 8.6 of, and Chapter 7.5 (commencing with Section 42420) to to, and to repeal Chapter 8.4 (commencing with Section 42451) and Chapter 8.6 (commencing with Section 42490) of,
Part 3 of Division 30 of the Public
Resources Code, relating to recycling.
legislative counsel’s digest
AB 2440, as amended, Irwin. Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2022. Responsible Battery Recycling Act of 2022.

The Rechar geable Battery Rec ycling Act of 2006 requires e very retailer, as defined, to ha ve in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. The act requires the system for the acceptance and collection of used rechar geable batteries to include, at a minimum, specified elements, including, among others, the tak e-back at no cost to the consumer of a used rechar geable battery of the type or brand that the retailer sold or previously sold.
98

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The hazardous waste control laws, among other things, authorize the Department of Toxic Substances Control to regulate the generation and disposal of hazardous w aste. Existing la w prohibits a person from intentionally disposing of or causing the disposal of a hazardous or extremely hazardous waste at a point not authorized by the hazardous waste control laws, as provided. Under existing department regulations, specified hazardous wastes, including certain batteries, are designated as “universal waste” and are regulated separately pursuant to universal waste management pro visions. A violation of the hazardous w aste control laws, including a regulation adopted pursuant to those laws, is a crime.

The bill w ould enact the Battery and Battery-Embedded Product Recycling and Fire Risk Reduction Act of 2022, which would prohibit a person from kno wingly disposing of a lithium-ion battery in a container or receptacle that is intended for the collection of solid waste or recyclable materials, unless the container or receptacle is designated for the collection of batteries for recycling, as provided.

The Cell Phone Recycling Act of 2004 pr ohibits the sale of a cell phone in this state to a consumer unless the retailer of that cell phone has in place a tak e-back system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal.

This bill would make the Rechargeable Battery Recycling Act of 2006 and the Cell Phone Recycling Act of 2004 inoperative as of September 30, 2026, and would repeal those acts as of January 1, 2027.

This bill would enact the Responsible Battery Recycling Act of 2022, which would r equire pr oducers, as defined, either individually or through the cr eation of one or mor e ste wardship or ganizations, to establish a ste wardship program for the collection and r ecycling of covered batteries and covered battery-embedded products, as defined.

The bill would r equire a pr oducer or ste wardship or ganization to develop, and submit for review and approval as specified, a stewardship plan and would pr escribe the standar ds and elements r equired to be contained in a ste wardship plan for co vered batteries and in a stewardship plan for covered battery-embedded products. The bill would require a ste wardship organization or pr oducer to have a complete stewardship plan approved by the department on or before December 31, 2025, in order to be in compliance with the act.

This bill would r equire a ste wardship organization or pr oducer to be audited annually, and submit a report and budget to the department, as prescribed, and would require a stewardship organization, producer, 98 — 2 — AB 2440

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manufacturer, distrib utor, r etailer, importer , r ecycler, or collection site to, among other things, provide the department with relevant records necessary to determine compliance with the act. The bill would require reports and records provided to the department to be pr ovided under penalty of perjury , thereby creating a state-mandated local pr ogram by expanding the crime of perjury. The bill would restrict public access to certain information collected for the purpose of administering a stewardship program.

This bill would r equire the department, on or befor e July 1, 2027, and eac h year ther eafter, to post on its internet website a list of producers, including the reported brands and names of covered batteries and covered battery-embedded products of each producer, that are in compliance with the act. The bill would prohibit a retailer or distributor from selling , distrib uting, of fering for sale , or importing a co vered battery or covered battery-embedded product in or into the state unless the pr oducer of the co vered battery or co vered battery-embedded product is listed on that list as in compliance on the act, e xcept as specified.

This bill would r equire a ste wardship organization or pr oducer to reimburse the department and the Department of Toxic Substances Control for their respective actual and reasonable regulatory costs that are directly related to implementing and enfor cing the act in r elation to the ste wardship or ganization’s or pr oducer’s activities. The bill would require the department and the Department of Toxic Substances Control to deposit those moneys into the Covered Battery and Covered Battery-Embedded Pr oduct Recycling Fund, whic h the bill would establish, and would authorize the department and any other r elevant state a gency to e xpend those mone ys, upon appr opriation by the Legislature, to implement and enforce the act.

This bill would pr ovide for enfor cement of the act, including authorizing the department to impose an administr ative civil penalty on a ste wardship or ganization, pr oducer, manufactur er, distrib utor, retailer, importer, recycler, or collection site in violation of the act not to exceed $10,000 per day, unless the violation is intentional, knowing, or reckless, then in that case not to e xceed $50,000 per day . The bill would require the department to deposit those moneys into the Covered Battery and Co vered Battery-Embedded Pr oduct Recycling P enalty Account, which the bill would establish in the fund, and would require the department to e xpend those mone ys, upon appr opriation by the Legislature, to implement and enfor ce the act. The bill would r equire 98 AB 2440 — 3 —

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the department, on or before January 1, 2025, and in consultation with the Department of Toxic Substances Contr ol, to adopt r egulations to implement the act.

Existing constitutional pr ovisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and a gencies be adopted with findings demonstr ating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution r equires the state to r eimburse local agencies and school districts for certain costs mandated by the state .

Statutory pr ovisions establish pr ocedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: no yes.​ State-mandated local program: no yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 7.5 (commencing with Section 42420) line 2 is added to Part 3 of Division 30 of the Public Resources Code, line 3 to read:
line 4
line 5 Chapter 7.5. Responsible Battery Recycling Act of 2022 line 6
line 7 Article 1. General Provisions
line 8
line 9 42420. This chapter shall be known, and may be cited, as the line 10 Responsible Battery Recycling Act of 2022.
line 11 42420.2. For purposes of this c hapter, the following terms line 12 have the following meanings:
line 13 (a)  “Collection site” means a permanent or temporary location line 14 at which covered batteries or covered battery-embedded products line 15 are collected and pr epared for transport in accordance with the line 16 requirements of this chapter.
line 17 (b)  “Consumer” means an owner of a co vered battery or line 18 covered battery-embedded product, including a person, business, line 19 corporation, limited partner ship, nonpr ofit or ganization, or line 20 governmental entity, and includes the ultimate pur chaser, owner, 98 — 4 — AB 2440

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line 1 or lessee of a co vered battery or a co vered battery-embedded line 2 product.
line 3 (c)  (1)  “Covered battery” means a device consisting of one or line 4 more electrically connected electr ochemical cells designed to line 5 receive, stor e, and deliver electric ener gy. A co vered battery line 6 includes an intact, unbr oken battery fr om which the electr olyte line 7 has been removed. A covered battery includes a battery pac k or line 8 a set of batteries that ar e connected to gether or encapsulated line 9 within an outer casing to form a complete unit.
line 10 (2)  “Covered battery” does not include any of the following:
line 11 (A)  A primary battery weighing o ver two kilo grams. F or line 12 purposes of this par agraph, “primary battery” means a line 13 nonrechargeable battery, including, but not limited to, alkaline , line 14 carbon-zinc, and lithium metal batteries.
line 15 (B)  A rechargeable battery weighing o ver five kilo grams and line 16 having a Watt-hour rating of more than 300 Watt-hours. line 17 (C)  A lead-acid battery, as defined in Section 42440. line 18 (D)  (i)  A battery contained in a motor vehicle . For purposes line 19 of this subparagraph, “motor vehicle” has the same meaning as line 20 defined in Section 415 of the Vehicle Code.
line 21 (ii)  Notwithstanding any other law, the exclusion in clause (i) line 22 does not apply to a battery contained in any of the following:
line 23 (I)  A motorized scooter.
line 24 (II)  A motorized skateboard.
line 25 (III)  A motorized hoverboard.
line 26 (IV)  A device intended to propel or move upon a highway only line 27 one individual person or property.
line 28 (E)  A fuel cell electrical g enerating facility. For purposes of line 29 this subparagraph, “fuel cell electrical g enerating facility” has line 30 the same meaning as “eligible fuel cell electrical g enerating line 31 facility,” as defined in paragraph (1) of subdivision (a) of Section line 32 2827.10 of the Public Utilities Code.
line 33 (d)  (1)  “Covered battery-embedded product” means a product line 34 containing a battery or battery pac k that is not designed to be line 35 removed from the product by the consumer.
line 36 (2)  “Covered battery-embedded product” does not include any line 37 of the following:
line 38 (A)  A medical device, as defined in Section 321(h) of Title 21 line 39 of the United States Code , if the medical de vice is not designed 98 AB 2440 — 5 —

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line 1 and mark eted for sale or r esale principally to consumer s for line 2 personal use.
line 3 (B)  A covered electronic device, as defined in subdivision (e) line 4 of Section 42463.
line 5 (C)  An energy storage system, as defined in subdivision (a) of line 6 Section 2835 of the Public Utilities Code.
line 7 (e)  “Department” means the Department of Resources Recycling line 8 and Recovery or a successor agency.
line 9 (f)  “Distributor” means a company that has a contr actual line 10 relationship with one or more producers to market and sell covered line 11 batteries or covered battery-embedded products to retailers. line 12 (g)  “Electrochemical cell” means a system consisting of an line 13 anode, a cathode, and an electrolyte, plus electrical or mechanical line 14 connections needed to allow the cell to deliver or receive electric line 15 energy.
line 16 (h)  “Importer” means both of the following:
line 17 (1)  A person qualifying as an importer of r ecord for purposes line 18 of Section 1484(a)(2)(B) of Title 19 of the United States Code with line 19 regard to the import of a co vered battery or a co vered line 20 battery-embedded pr oduct sold in or into the state that was line 21 manufactured or assembled by a company outside of the United line 22 States.
line 23 (2)  A per son importing a co vered battery or a co vered line 24 battery-embedded pr oduct sold in or into the state that was line 25 manufactured or assembled by a company outside of the state. line 26 (i)  (1)  (A)   “Producer” means the per son who manufactures line 27 the covered battery or covered battery-embedded product and who line 28 sells, offers for sale, or distributes the covered battery or covered line 29 battery-embedded product in or into the state.
line 30 (B)  If there is no per son who is the pr oducer of the co vered line 31 battery or co vered battery-embedded pr oduct for purposes of line 32 subparagraph (A), the producer of the covered battery or covered line 33 battery-embedded product is the person who imports the covered line 34 battery or covered battery-embedded product in or into the state line 35 for sale or distribution.
line 36 (C)  If there is no per son who is the pr oducer for purposes of line 37 subparagraphs (A) and (B), the producer is the person who sells line 38 the covered battery or the co vered battery-embedded product in line 39 or into the state.
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line 1 (2)  “Producer” does not include an admitted insurer possessing line 2 a certificate of authority fr om the Insur ance Commissioner line 3 pursuant to Section 700 of the Insurance Code.
line 4 (j)  (1)  “Rechargeable battery” means a battery that contains line 5 one or mor e voltaic or galvanic cells, electrically connected to line 6 produce electric energy, and that is designed to be recharged. line 7 (2)  “Rechargeable battery” does not include either of the line 8 following:
line 9 (A)  A battery that contains electrolytes as a free liquid. line 10 (B)  A battery that employs lead-acid tec hnology, unless that line 11 battery is sealed and contains no free liquid electrolytes. line 12 (k)  “Recycler” includes both of the following:
line 13 (1)  A person who dismantles covered battery-embedded products line 14 to recover components and r esiduals contained in the co vered line 15 battery-embedded products for the purpose of recycling. line 16 (2)  A person who changes the physical or chemical composition line 17 of co vered batteries or co vered battery-embedded pr oducts, in line 18 accordance with the r equirements of Chapter 6.5 (commencing line 19 with Section 25100) of Division 20 of the Health and Safety Code line 20 and the regulations adopted pursuant to that chapter, for purposes line 21 of recycling.
line 22 (l)  “Recycling” means using, reusing, or reclaiming a recyclable line 23 material.
line 24 (m)  “Recycling efficiency rate” means the r atio of the weight line 25 of co vered batteries and co vered battery-embedded pr oducts line 26 recycled by a producer or stewardship organization to the weight line 27 of co vered batteries and co vered battery-embedded pr oducts line 28 received by the producer or stewardship organization. line 29 (n)  “Retailer” means a per son who sells co vered batteries or line 30 covered battery-embedded products in or into the state to a person line 31 through any means, including , but not limited to, sales outlets, line 32 catalogs, the telephone, the internet, or any electronic means. line 33 (o)  “Stewardship organization” means an organization exempt line 34 from taxation under Section 501(c)(3) of the feder al Internal line 35 Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)) that is established line 36 by a group of producers in accordance with this chapter to develop line 37 and implement a stewardship program.
line 38 (p)  “Stewardship plan” or “plan” means a plan developed by line 39 a stewardship organization or producer pursuant to this chapter line 40 for the collection, transportation, and recycling, and the safe and 98 AB 2440 — 7 —

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line 1 proper mana gement, of co vered batteries or co vered line 2 battery-embedded products.
line 3 (q)  “Stewardship program” means a pr ogram established by line 4 a producer or stewardship organization pursuant to this chapter line 5 for the fr ee and con venient collection, tr ansportation, and line 6 recycling, and the safe and pr oper mana gement, of co vered line 7 batteries, covered battery-embedded products, or covered batteries line 8 and covered battery-embedded products pursuant to a stewardship line 9 plan approved by the department in accordance with this chapter. line 10 42420.4. On or befor e January 1, 2025, the department, in line 11 consultation with the Department of Toxic Substances Contr ol, line 12 shall adopt regulations to implement this chapter. line 13
line 14 Article 2. Producers and Stewardship Organizations for line 15 Covered Batteries and Covered Battery-Embedded Products line 16
line 17 42421. (a)  No later than 90 days after the effective date of this line 18 chapter, a pr oducer shall pr ovide to the department a list of line 19 covered batteries and covered battery-embedded products that the line 20 producer sells or offers for sale in the state. line 21 (b)  A producer, or a ste wardship organization on behalf of a line 22 group of producers, shall update the list described in subdivision line 23 (a) and pr ovide the updated list to the department on or befor e line 24 January 15 of each year or upon request of the department. line 25 42421.2. (a)  Producers may establish one or more stewardship line 26 organizations composed of pr oducers to develop and implement line 27 the co vered battery and co vered battery-embedded pr oduct line 28 recycling program established pursuant to this chapter. line 29 (b)  (1)  A pr oducer shall comply with this c hapter either line 30 individually or thr ough a ste wardship organization established line 31 pursuant to subdivision (a).
line 32 (2)  A producer shall not sell, distribute, offer for sale, or import line 33 a covered battery or a co vered battery-embedded pr oduct in or line 34 into this state unless the pr oducer is in compliance with this line 35 chapter.
line 36 (c)  Each producer covered under a ste wardship organization line 37 shall register with that stewardship organization. line 38 42421.4. To obtain a determination that a per son is not a line 39 producer under this chapter, the person shall request an exemption line 40 through the form and in the manner determined by the department 98 — 8 — AB 2440

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line 1 and provide the necessary data r equired for the department to line 2 make this determination.
line 3
line 4 Article 3. Stewardship Plan for Covered Batteries and Covered line 5 Battery-Embedded Products
line 6
line 7 42422. Within six months of the effective date of the regulations line 8 adopted by the department pursuant to Section 42420.4, a producer line 9 or ste wardship or ganization shall de velop and submit to the line 10 department a stewardship plan for the collection, transportation, line 11 and recycling, and the safe and pr oper management, of covered line 12 batteries, covered battery-embedded products, or covered batteries line 13 and co vered battery-embedded pr oducts in the state in an line 14 economically efficient and practical manner.
line 15 42422.1. A stewardship plan for covered batteries shall include line 16 all of the following standards and elements:
line 17 (a)  The names of pr oducers, distrib utors, importer s, line 18 manufacturers, brands, and covered batteries covered under the line 19 stewardship plan.
line 20 (b)  An e xplanation of the pr ocess by whic h the ste wardship line 21 organization or producer consulted with the advisory body created line 22 pursuant to subdivision (b) of Section 42422.4 to r eceive advice line 23 on the development and implementation of the stewardship plan. line 24 (c)  Provide for a fr ee and con venient collection system for line 25 covered batteries in each county of the state that meets all of the line 26 following requirements:
line 27 (1)  A minimum of ____ collection sites per county or one line 28 collection site per ____ people, whichever is greater. line 29 (2)  The department may adjust the minimum required collection line 30 sites to ensure that consumers have sufficient con venient access line 31 to collection sites.
line 32 (3)  The collection sites in eac h county shall be r easonably line 33 spread throughout the county to facilitate widespread access and line 34 convenience.
line 35 (d)  An e xplanation of the ste wardship or ganization’s or line 36 producer’s plans to meet the recycling efficiency rate established line 37 by the department pursuant to subdivision (i) of Section 42424.2. line 38 (e)  An explanation of how collection sites will be authorized line 39 and managed, including all of the following:
98 AB 2440 — 9 —

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line 1 (1)  A producer or stewardship organization shall include as a line 2 collection site under its stewardship program any entity that offers line 3 in writing to participate in the ste wardship program, even if the line 4 minimum thr esholds described in subdivision (c) have been line 5 achieved.
line 6 (2)  A producer or ste wardship organization shall include the line 7 offering entity as a collection site in the pr ogram within 90 days line 8 of r eceiving the written of fer to participate . The pr oducer or line 9 stewardship organization shall not be required to respond to offers line 10 pursuant to this par agraph until the pr oducer’s or ste wardship line 11 organization’s ste wardship plan has been appr oved by the line 12 department.
line 13 (3)  A producer or ste wardship organization may suspend or line 14 terminate a collection site or service that does not adher e to the line 15 collection site criteria in an approved stewardship plan. line 16 (4)  A collection site shall be oper ated to ensur e that co vered line 17 batteries are collected safely and handled in accordance with all line 18 applicable laws.
line 19 (5)  An e xplanation of the pr ocess by whic h the ste wardship line 20 organization or pr oducer will pr ovide for the collection and line 21 transport of co vered batteries fr om the collection sites to a line 22 recycler. A receipt or collection manifest shall be provided to the line 23 collection site by the ste wardship or ganization or pr oducer. A line 24 collection site and ste wardship organization or pr oducer shall line 25 each maintain these r ecords and mak e them available to the line 26 department upon request.
line 27 (6)  A list of all rules or conditions imposed by the stewardship line 28 organization or pr oducer as a condition of participation in the line 29 program for collection sites.
line 30 (7)  A producer or stewardship organization shall evaluate and line 31 consider the implementation of an incentive structure for collection line 32 sites to achieve the purposes of this chapter.
line 33 (f)  A pr oducer or ste wardship or ganization shall allow a line 34 consumer to dr op of f, at no c harge, co vered batteries at a line 35 collection site.
line 36 (g)  Provide collection sites with the necessary equipment, line 37 training, signage, safety guidance, and educational materials. line 38 (h)  (1)  The establishment and administr ation of a means for line 39 fully funding the stewardship program in a manner that equitably 98 — 10 — AB 2440

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line 1 distributes the stewardship program’s costs among the producers line 2 that are part of the stewardship organization.
line 3 (2)  The funding mechanism shall provide sufficient funding for line 4 the producer or stewardship organization to implement the plan, line 5 including the administrative, operational, and capital costs of the line 6 plan and the department’s and the Department of Toxic Substances line 7 Control’s actual and r easonable r egulatory costs incurr ed to line 8 implement and enforce this chapter.
line 9 (i)  A description of the process by which covered batteries will line 10 be processed and recycled following collection at collection sites, line 11 including both of the following:
line 12 (1)  A description of how covered batteries will not be landfilled line 13 and how all covered batteries will enter a recycling process. line 14 (2)  A description of how discar ded co vered battery r esidual line 15 materials will be , to the e xtent economically and tec hnically line 16 feasible, recycled.
line 17 (j)  Coordination with, and a description of methods used to line 18 coordinate activities with, all of the following:
line 19 (1)  Other stewardship programs for covered batteries. line 20 (2)  Existing battery collection and recycling programs, including line 21 electronic waste recyclers and dismantlers.
line 22 (3)  Community-based organizations qualified to run collection line 23 events to support regions with low rates of recycling. line 24 (4)  Other relevant stakeholders, as appropriate. line 25 (k)  Developing strategies, in consultation with the California line 26 Environmental Protection Agency’s Environmental Justice Task line 27 Force and other r elevant stak eholders, for collecting co vered line 28 batteries for recycling in areas and communities that face unique line 29 challenges associated with pr oper waste mana gement, suc h as line 30 poverty, language barriers, and illegal disposal. line 31 (l)  A comprehensive statewide education and outreach program line 32 designed to promote participation in the collection and recycling line 33 program offered by the stewardship organization. At a minimum, line 34 the compr ehensive state wide education and outr each pr ogram line 35 shall include all of the following:
line 36 (1)  A detailed description of the education and communications line 37 strategy being implemented to ef fectively promote participation line 38 in the program and provide the information necessary for effective line 39 participation of consumers, retailers, and others. 98 AB 2440 — 11 —

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line 1 (2)  An internet website that publicizes the location of collection line 2 sites and provides detailed information to consumer s on the free line 3 and con venient network of collection sites and any other line 4 information reasonably necessary to safely and conveniently access line 5 the collection and r ecycling services of fered as part of the line 6 stewardship plan.
line 7 (3)  All signage and materials r equired for collection sites by line 8 the ste wardship or ganization or pr oducer, and the method by line 9 which collection sites can access replacement materials. line 10 (4)  A description of ef forts to support participation by all line 11 California communities, including a description of ef forts to line 12 communicate with consumers in languages other than English, as line 13 described in subdivision (k).
line 14 (5)  A description of goals and metrics used to determine the line 15 success of the statewide education and outreach program. line 16 (6)  The statewide education and outr each program shall not line 17 promote the disposal of covered batteries in a manner inconsistent line 18 with the services offered by the stewardship plan. line 19 (7)  The statewide education and outr each plan shall include line 20 information for consumers about how to avoid improper disposal line 21 of covered batteries.
line 22 (m)  Developing str ategies in coor dination with other line 23 stewardship programs to implement pr oper labeling of co vered line 24 batteries to ensure proper collection and recycling, including, but line 25 not limited to, a uniform color , design, and labeling sc heme for line 26 batteries.
line 27 (n)  A contingency plan in the event the stewardship plan expires, line 28 is disapproved, or is revoked. The contingency plan shall describe line 29 how the ste wardship plan objectives can be carried out in the line 30 absence of a plan, either by the ste wardship or ganization or line 31 producer, or through an entity such as an escrow company. line 32 42422.2. A ste wardship plan for co vered battery-embedded line 33 products shall include all of the following standards and elements:
line 34 (a)  The names of pr oducers, distrib utors, importer s, line 35 manufacturers, brands, and co vered battery-embedded products line 36 covered under the stewardship plan.
line 37 (b)  An e xplanation of the pr ocess by whic h the ste wardship line 38 organization or producer consulted with the advisory body created line 39 pursuant to subdivision (b) of Section 42422.4 to r eceive advice line 40 on the development and implementation of the plan. 98 — 12 — AB 2440

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line 1 (c)  Provide for a fr ee and con venient collection system for line 2 covered battery-embedded pr oducts in eac h county of the state line 3 that meets all of the following requirements:
line 4 (1)  A minimum of ____ collection sites per county or one line 5 collection site per ____ people, whichever is greater. line 6 (2)  The department may adjust the minimum required collection line 7 sites to ensure that consumers have sufficient con venient access line 8 to collection sites.
line 9 (3)  The collection sites in eac h county shall be r easonably line 10 spread throughout the county to facilitate widespread access and line 11 convenience.
line 12 (d)  An e xplanation of the ste wardship or ganization’s or line 13 producer’s plans to meet the recycling efficiency rate established line 14 by the department pursuant to subdivision (i) of Section 42424.2. line 15 (e)  An explanation of how collection sites will be authorized line 16 and managed, including all of the following:
line 17 (1)  A producer or stewardship organization shall include as a line 18 collection site under its stewardship program any entity that offers line 19 in writing to participate in the ste wardship program, even if the line 20 minimum thr esholds described in subdivision (c) have been line 21 achieved.
line 22 (2)  A producer or ste wardship organization shall include the line 23 offering entity as a collection site in the pr ogram within 90 days line 24 of r eceiving the written of fer to participate . The pr oducer or line 25 stewardship organization shall not be required to respond to offers line 26 pursuant to this paragraph until the producer’s or the stewardship line 27 organization’s ste wardship plan has been appr oved by the line 28 department.
line 29 (3)  A producer or ste wardship organization may suspend or line 30 terminate a collection site or service that does not adher e to the line 31 collection site criteria in an approved stewardship plan. line 32 (4)  A collection site shall be oper ated to ensur e that co vered line 33 battery-embedded products are collected safely and handled in line 34 accordance with all applicable laws.
line 35 (5)  An e xplanation of the pr ocess by whic h the ste wardship line 36 organization or producer will provide for collection and transport line 37 of covered battery-embedded products from the collection sites to line 38 a recycler. A receipt or collection manifest shall be pr ovided to line 39 the collection site by the ste wardship organization or pr oducer. line 40 A collection site and stewardship organization or producer shall 98 AB 2440 — 13 —

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line 1 each maintain these r ecords and mak e them available to the line 2 department upon request.
line 3 (6)  A list of all rules or conditions imposed by the stewardship line 4 organization or pr oducer as a condition of participation in the line 5 program for collection sites.
line 6 (7)  A producer or stewardship organization shall evaluate and line 7 consider the implementation of an incentive structure for collection line 8 sites to achieve the purposes of this chapter.
line 9 (f)  A pr oducer or ste wardship or ganization shall allow a line 10 consumer to dr op off, at no c harge, co vered battery-embedded line 11 products at a collection site.
line 12 (g)  Provide collection sites with the necessary equipment, line 13 training, signage, safety guidance, and educational materials. line 14 (h)  (1)  The establishment and administr ation of a means for line 15 fully funding the stewardship program in a manner that equitably line 16 distributes the stewardship program’s costs among the producers line 17 that are part of the stewardship organization.
line 18 (2)  The funding mechanism shall provide sufficient funding for line 19 the producer or stewardship organization to implement the plan, line 20 including the administrative, operational, and capital costs of the line 21 plan and the department’s and the Department of Toxic Substances line 22 Control’s actual and r easonable r egulatory costs incurr ed to line 23 implement and enforce this chapter.
line 24 (i)  A description of the pr ocess by whic h co vered line 25 battery-embedded pr oducts will be pr ocessed and r ecycled line 26 following collection at collection sites, including both of the line 27 following:
line 28 (1)  A description of how co vered battery-embedded pr oducts line 29 will not be landfilled and how all co vered battery-embedded line 30 products will enter a recycling process.
line 31 (2)  A description of how discarded covered battery-embedded line 32 product residual materials will be, to the extent economically and line 33 technically feasible, recycled.
line 34 (j)  Coordination with, and a description of methods used to line 35 coordinate activities with, all of the following:
line 36 (1)  Other stewardship programs for covered battery-embedded line 37 products.
line 38 (2)  Existing battery collection and recycling programs, including line 39 electronic waste recyclers and dismantlers.
98 — 14 — AB 2440

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line 1 (3)  Community-based organizations qualified to run collection line 2 events to support regions with low rates of recycling. line 3 (4)  Other relevant stakeholders, as appropriate. line 4 (k)  Developing strategies, in consultation with the California line 5 Environmental Protection Agency’s Environmental Justice Task line 6 Force and other r elevant stak eholders, for collecting co vered line 7 battery-embedded products for recycling in areas and communities line 8 that face unique c hallenges associated with pr oper waste line 9 management, suc h as po verty, langua ge barrier s, and ille gal line 10 disposal.
line 11 (l)  A comprehensive statewide education and outreach program line 12 designed to promote participation in the collection and recycling line 13 program offered by the stewardship organization. At a minimum, line 14 the compr ehensive state wide education and outr each pr ogram line 15 shall include all of the following:
line 16 (1)  A detailed description of the education and communications line 17 strategy being implemented to ef fectively promote participation line 18 in the program and provide the information necessary for effective line 19 participation of consumers, retailers, and others. line 20 (2)  An internet website that publicizes the location of collection line 21 sites and provides detailed information to consumer s on the free line 22 and con venient network of collection sites and any other line 23 information reasonably necessary to safely and conveniently access line 24 the collection and recycling services offered as part of this plan. line 25 (3)  All signage and materials r equired for collection sites by line 26 the ste wardship or ganization or pr oducer, and the method by line 27 which collection sites can access replacement materials. line 28 (4)  A description of ef forts to support participation by all line 29 California communities, including a description of ef forts to line 30 communicate with consumers in languages other than English, as line 31 described in subdivision (k).
line 32 (5)  A description of goals and metrics used to determine the line 33 success of the statewide education and outreach program. line 34 (6)  The statewide education and outr each program shall not line 35 promote the disposal of co vered battery-embedded products in a line 36 manner inconsistent with the services of fered by the stewardship line 37 plan.
line 38 (7)  The statewide education and outr each plan shall include line 39 information for consumers about how to avoid improper disposal line 40 of covered battery-embedded products.
98 AB 2440 — 15 —

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line 1 (m)  Developing str ategies in coor dination with other line 2 stewardship pr ograms to implement pr oper labeling of line 3 covered-battery embedded pr oducts to ensur e proper collection line 4 and recycling, including, but not limited to, a uniform color, design, line 5 and labeling scheme for batteries.
line 6 (n)  A contingency plan in the event the stewardship plan expires, line 7 is disapproved, or is revoked. The contingency plan shall describe line 8 how the ste wardship plan objectives can be carried out in the line 9 absence of a plan, either by the ste wardship or ganization or line 10 producer, or through an entity such as an escrow company. line 11 42422.3. (a)  A producer or ste wardship organization shall line 12 review its ste wardship plan no less than e very five year s and line 13 determine whether revisions to the plan are necessary. line 14 (b)  If a producer or stewardship organization determines that line 15 revisions to the plan ar e necessary, the producer or stewardship line 16 organization shall submit to the department a r evised plan for line 17 review and approval in accordance with Section 42422.6. line 18 (c)  If a producer or stewardship organization determines that line 19 no revisions to the plan are necessary, the producer or stewardship line 20 organization shall send a letter to the department explaining that line 21 the producer or stewardship organization has reviewed the plan line 22 and determined that no revisions are needed. The department may line 23 disapprove the pr oducer’s or ste wardship or ganization’s line 24 determination within 30 days of r eceipt of that determination if line 25 the department concludes that the pr oducer or ste wardship line 26 organization cannot implement the objectives of this c hapter line 27 without revising the stewardship plan.
line 28 42422.4. (a)  In pr eparing a ste wardship plan pur suant to line 29 Section 42422.1 or 42422.2, and any updates to the plan pursuant line 30 to Section 42422.3, a producer or a stewardship organization shall line 31 engage in a consultative pr ocess with the advisory body cr eated line 32 by the department pur suant to subdivision (b). The producer or line 33 stewardship or ganization shall consider any written line 34 recommendations fr om the advisory body during the plan line 35 development process.
line 36 (b)  (1)  On or befor e January 1, 2025, the department shall line 37 create an advisory body for co vered battery and co vered line 38 battery-embedded product stewardship that includes, b ut is not line 39 limited to, r epresentatives fr om local go vernments, r ecyclers, line 40 retailers, the household hazar dous waste industry , 98 — 16 — AB 2440

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line 1 nongovernmental or ganizations, en vironmental or ganizations, line 2 community-based justice and public health organizations, and the line 3 solid waste industry.
line 4 (2)  Participation on the advisory body shall be voluntary. line 5 (3)  The advisory body is not a state body for purposes of Section line 6 11121 of the Government Code.
line 7 (c)  A producer or stewardship organization shall incorporate, line 8 to the extent feasible, the advisory body's r ecommendations into line 9 the producer’s or ste wardship organization’s stewardship plan, line 10 amendments to the plan, and annual report before submitting the line 11 plan, amendments to the plan, or annual report to the department. line 12 If the pr oducer or ste wardship or ganization is unable to line 13 incorporate the advisory body’s recommendations, it shall provide line 14 a written explanation to the department and the advisory body that line 15 also details whether the pr oducer or ste wardship organization line 16 plans to incorpor ate the r ecommendations into a subsequent line 17 stewardship plan, subsequent amendments to the plan, or a line 18 subsequent annual report.
line 19 42422.6. (a)  (1)  At least 90 days befor e submitting a line 20 stewardship plan to the department, a pr oducer or ste wardship line 21 organization shall submit its entire proposed stewardship plan to line 22 the Department of Toxic Substances Control for review. line 23 (2)  The Department of Toxic Substances Control shall review line 24 the plan for compliance with state and federal laws and regulations line 25 related to its authority . The Department of Toxic Substances line 26 Control shall determine compliance or noncompliance with those line 27 laws and regulations and provide to the producer or stewardship line 28 organization, and the department, that determination and an line 29 explanation for any finding of noncompliance , within 90 days of line 30 receipt of the plan.
line 31 (3)  If the Department of Toxic Substances Contr ol issues a line 32 determination of noncompliance , a pr oducer or ste wardship line 33 organization shall submit an updated pr oposed plan to the line 34 Department of Toxic Substances Control. The Department of Toxic line 35 Substances Control shall r eview the updated pr oposed plan for line 36 compliance with state and federal laws and regulations related to line 37 its authority. The Department of Toxic Substances Control shall line 38 determine compliance or noncompliance with these laws and line 39 regulations and pr ovide to the pr oducer or ste wardship line 40 organization, as well as to the department, that determination and 98 AB 2440 — 17 —

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line 1 an explanation for any finding of noncompliance, within 90 days line 2 of receipt of the updated proposed plan.
line 3 (4)  If, 90 days after submitting a plan to the Department of Toxic line 4 Substances Control, a producer or stewardship organization has line 5 not received a response, the producer or stewardship organization line 6 may submit a certification to the department that the stewardship line 7 plan is consistent with the laws and r egulations related to the line 8 Department of Toxic Substances Control’s authority line 9 (5)  A producer or ste wardship organization shall submit all line 10 determinations received from the Department of Toxic Substances line 11 Control when the pr oducer or stewardship organization submits line 12 its stewardship plan to the department.
line 13 (b)  The department shall r eview the ste wardship plan for line 14 compliance with this c hapter and shall appr ove, disapprove, or line 15 conditionally approve the plan within 90 days of r eceipt of the line 16 plan.
line 17 (c)  If the department disapproves a stewardship plan submitted line 18 by a producer or stewardship organization, the department shall line 19 explain how the ste wardship plan does not comply and pr ovide line 20 written notice to the ste wardship organization within 30 days of line 21 disapproval. The pr oducer or ste wardship or ganization shall line 22 resubmit to the department a r evised stewardship plan within 60 line 23 days of the disappr oval date the written notice was issued, and line 24 the department shall r eview the revised stewardship plan within line 25 90 days of resubmittal. If a revised stewardship plan is disapproved line 26 by the department, the producers operating under the stewardship line 27 plan shall not be in compliance with this c hapter until the line 28 department approves a stewardship plan submitted by the producer line 29 or stewardship organization.
line 30 (d)  On or befor e December 31, 2025, a pr oducer or a line 31 stewardship organization shall have a complete stewardship plan line 32 approved by the department in order to be in compliance with this line 33 chapter.
line 34 (e)  The approved plan shall be a public r ecord, e xcept that line 35 financial, production, or sales data reported to the department by line 36 the producer or stewardship organization is not a public r ecord line 37 for purposes of the California Public Recor ds Act (Chapter 3.5 line 38 (commencing with Section 6250) of Division 7 of Title 1 of the line 39 Government Code) and shall not be open to public inspection. The line 40 department may r elease financial, pr oduction, or sales data in 98 — 18 — AB 2440

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line 1 summary form only so the information cannot be attrib utable to line 2 a specific producer or distributor or to any other entity. line 3 42422.8. (a)  Within 270 days of receiving department approval line 4 of a ste wardship plan, a pr oducer or ste wardship organization line 5 shall fully implement its stewardship program.
line 6 (b)  All handling, collection, transport, and recycling of covered line 7 batteries or co vered battery-embedded pr oducts undertak en as line 8 part of a ste wardship program under this c hapter shall comply line 9 with all applicable state and federal laws.
line 10 (c)  A retailer with five or more locations in the state shall make line 11 all locations available to serve as a collection site for co vered line 12 batteries and co vered battery-embedded pr oducts smaller than line 13 ____ kilograms as part of a stewardship program in the county in line 14 which it is located.
line 15 (d)  A producer or ste wardship organization may petition the line 16 department to in vestigate noncompliant pr oducers, and the line 17 department shall respond to the petition in a timely manner. line 18
line 19 Article 4. Financial Provisions
line 20
line 21 42423. A stewardship organization or producer shall prepare line 22 and submit to the department, with the submission of a pr oposed line 23 stewardship plan, a proposed stewardship program budget for the line 24 next five calendar years that includes all of the following:
line 25 (a)  Anticipated r evenues and costs of implementing the line 26 stewardship pr ogram, including r elated pr ograms, pr ojects, line 27 contracts, and administr ative expenses. Administrative expenses line 28 shall include the department’ s and the Department of Toxic line 29 Substances Contr ol’s actual and r easonable r egulatory costs line 30 incurred to implement and enfor ce this chapter. For purposes of line 31 this subdivision, stewardship program implementation begins once line 32 the department appr oves a ste wardship or ganization’s or line 33 producer’s stewardship plan.
line 34 (b)  A r ecommended funding le vel sufficient to co ver the line 35 stewardship plan’s budgeted costs and to operate the stewardship line 36 program in a prudent and r esponsible manner o ver a multiyear line 37 period. For purposes of this par agraph, ste wardship pr ogram line 38 operation be gins once the department appr oves a ste wardship line 39 organization’s or producer’s stewardship plan.
98 AB 2440 — 19 —

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line 1 (c)  Any additional information that the department deems line 2 necessary to determine whether the budget meets the requirements line 3 of this chapter.
line 4 42423.2. (a)  Within 90 days of r eceipt, the department shall line 5 conditionally appr ove, appr ove, or disappr ove a ste wardship line 6 program b udget. If the department fails to act or does not line 7 disapprove a final ste wardship program budget within those 90 line 8 days, the budget shall be deemed approved.
line 9 (b)  (1)  If the department conditionally approves or disapproves line 10 the b udget, the ste wardship or ganization or pr oducer shall line 11 resubmit a r evised b udget addressing the department’ s written line 12 reasons for the department’ s decision within 30 days of the line 13 conditional approval or disapproval.
line 14 (2)  The department, within 60 days fr om the date the line 15 stewardship organization or producer resubmits a revised budget, line 16 shall approve or disapprove a final stewardship program budget. line 17 If the department fails to act or does not disappr ove a final line 18 stewardship program budget within those 60 days, the budget shall line 19 be deemed approved.
line 20 (c)  If the department disappr oves a r evised budget submitted line 21 pursuant to par agraph (1) of subdivision (b), the pr oducer or line 22 stewardship organization may submit only one additional revised line 23 budget, subject to r eview in accor dance with par agraph (2) of line 24 subdivision (b).
line 25 (d)  Until a b udget has been appr oved or deemed appr oved line 26 pursuant to this section, a ste wardship organization or producer line 27 shall mak e e xpenditures consistent with the most r ecent line 28 department-approved budget.
line 29 42423.4. (a)  The department and the Department of Toxic line 30 Substances Control shall notify eac h stewardship organization, line 31 and each producer that is not part of a stewardship organization, line 32 of the agency’s respective actual and reasonable regulatory costs line 33 that are directly related to implementing and enforcing this chapter line 34 in r elation to the ste wardship or ganization’s or pr oducer’s line 35 activities. This may include the dir ect costs associated with line 36 regulatory development pursuant to Section 42420.4. line 37 (b)  Producers and ste wardship or ganizations shall, on a line 38 schedule determined by the department, reimburse the department line 39 and the Department of Toxic Substances Control for incurred costs line 40 as described in subdivision (a). The reimbursement shall not exceed 98 — 20 — AB 2440

14.I

line 1 the department’s or the Department of Toxic Substances Control’s line 2 actual and reasonable regulatory costs to implement and enforce line 3 this chapter.
line 4 (c)  (1)  The department and the Department of Toxic Substances line 5 Control shall deposit all mone ys submitted for r eimbursement line 6 costs by a stewardship organization or producer pursuant to this line 7 section into the Covered Battery and Covered Battery-Embedded line 8 Product Recycling Fund, which is hereby established in the State line 9 Treasury.
line 10 (2)  Upon appr opriation by the Le gislature, mone ys in the line 11 Covered Battery and Co vered Battery-Embedded Pr oduct line 12 Recycling Fund shall be expended by the department and any other line 13 state agency with jurisdiction relevant to this chapter to implement line 14 and enforce this chapter, as well as to reimburse any outstanding line 15 loans made from other funds used to finance startup costs of the line 16 department’s and any other state a gency’s activities pursuant to line 17 this chapter.
line 18 (3)  The mone ys in the Co vered Battery and Co vered line 19 Battery-Embedded Product Recycling Fund shall not be expended line 20 for any other purpose.
line 21 42423.6. (a)  A stewardship organization or producer operating line 22 a stewardship program shall not maintain total program reserves line 23 exceeding 60 percent of its annual operating expenses, consistent line 24 with the r equirements of the F inancial Accounting Standar ds line 25 Board’s Accounting Standar ds Update 2016-14, Not-for -Profit line 26 Entities (Topic 958), and any future updates to that standard. line 27 (b)  The department, in appr oving the annual ste wardship line 28 program budget, may authorize the total reserves to be increased line 29 to up to 75 percent of the stewardship organization’s or producer’s line 30 annual oper ating e xpenses if the department determines the line 31 increase is necessary to implement the requirements of this chapter. line 32 (c)  If a ste wardship or ganization’s or pr oducer’s r eserves line 33 exceed the amount specified in subdivision (a) or (b), the line 34 department may require the organization or producer to increase line 35 spending on implementing the requirements of this chapter. 98 AB 2440 — 21 —

14.I

line 1 Article 5. Records, Audits, and Reports for Covered Batteries line 2 and Covered Battery-Embedded Products
line 3
line 4 42424. (a)  A stewardship organization or producer shall keep line 5 minutes, books, and records that clearly reflect the activities and line 6 transactions of the stewardship organization or producer. line 7 (b)  A stewardship organization or producer shall retain, at the line 8 stewardship organization’s or producer’s expense, an independent line 9 public accountant, certified in the United States, to annually audit line 10 the accounting books of the stewardship organization or producer. line 11 (c)  The stewardship organization or producer shall arrange for line 12 the audit to be delivered to the department with the following year’s line 13 annual r eport, commencing with the 2025 calendar year . The line 14 department shall review the audit for compliance with this chapter line 15 and consistency with the stewardship plan. The department shall line 16 notify the stewardship organization or producer of any compliance line 17 issues or inconsistencies.
line 18 (d)  The department may conduct its own audit if it determines line 19 that an audit is necessary to enfor ce the r equirements of this line 20 chapter and that the audit conducted pur suant to subdivision (b) line 21 is not adequate for this purpose. The stewardship organization or line 22 producer may obtain copies of the department’s audit upon request. line 23 (e)  The department shall not publicly disclose any confidential line 24 proprietary information in an audit conducted pur suant to this line 25 section.
line 26 42424.2. A ste wardship or ganization or pr oducer shall line 27 annually submit to the department, in the form and manner line 28 determined by the department, and make publicly available on its line 29 internet website, an annual report that includes, for the preceding line 30 calendar year, all of the following:
line 31 (a)  The ste wardship or ganization’s or pr oducer’s costs and line 32 revenues.
line 33 (b)  The quantity of co vered batteries and co vered line 34 battery-embedded products sold in the state by the pr oducer or line 35 producers in the ste wardship or ganization and the discar ded line 36 covered batteries or covered battery-embedded products collected line 37 for recycling through the stewardship program.
line 38 (c)  A list of the stewardship program’s collection sites, by name, line 39 location, and type.
98 — 22 — AB 2440

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line 1 (d)  The total weight of eac h battery c hemistry type that was line 2 collected.
line 3 (e)  A list of eac h battery r ecycling facility used by the line 4 stewardship program, by name and location.
line 5 (f)  A list of eac h battery-embedded pr oduct recycling facility line 6 used by the stewardship program, by name and location. line 7 (g)  An updated list of the names and locations of pr oducers, line 8 manufacturers, distrib utors, importer s, br ands, and co vered line 9 batteries and covered battery-embedded products covered under line 10 the stewardship plan.
line 11 (h)  The total weight of co vered batteries and co vered line 12 battery-embedded pr oducts r ecycled in the state during the line 13 preceding calendar year, including any conversion factor used to line 14 determine the number of co vered batteries and co vered line 15 battery-embedded products recovered.
line 16 (i)  The recycling efficiency rate of each battery chemistry type line 17 that was recycled.
line 18 (j)   The material r ecovery r ate of eac h individual battery line 19 material.
line 20 (k)  The total weight of r esidual materials fr om co vered line 21 battery-embedded products.
line 22 (l)  The uses for the r ecycled residual materials fr om covered line 23 battery-embedded products.
line 24 (m)  The weight of r esidual materials fr om co vered line 25 battery-embedded products by material type that wer e recycled line 26 and not recycled.
line 27 (n)  A description of methods used to collect, tr ansport, and line 28 recycle covered batteries or covered battery-embedded products, line 29 including any conversion factor used to determine the number of line 30 covered batteries or covered battery-embedded products recovered. line 31 (o)  A description of outreach efforts and education to consumers, line 32 manufacturers, distrib utors, and r etailers for the purpose of line 33 promoting the collection and r ecycling of co vered batteries or line 34 covered battery-embedded products.
line 35 (p)  (1)  A r eport on coor dination activities with other line 36 stewardship programs, including coor dinating e xisting co vered line 37 battery or co vered battery-embedded pr oduct collection and line 38 recycling pr ograms, and with other r elevant stak eholders, as line 39 appropriate, with regard to the proper management or recycling line 40 of discar ded co vered batteries or co vered battery-embedded 98 AB 2440 — 23 —

14.I

line 1 products, for purposes of providing the efficient delivery of services line 2 and avoiding unnecessary duplication of effort and expense. line 3 (2)  A description of str ategies in coor dination with other line 4 stewardship programs to implement pr oper labeling of co vered line 5 batteries and covered battery-embedded products to ensure proper line 6 collection and recycling.
line 7 (q)  (1)  Findings from an annual consumer awar eness study line 8 and e xamples of educational materials that wer e pr ovided to line 9 consumers in the fir st year of the ste wardship program and any line 10 changes to those materials in subsequent year s, as well as other line 11 mechanisms, including advertising of the pr ogram, to incr ease line 12 consumer awareness.
line 13 (2)  A description of any consultation with the California line 14 Environmental Protection Agency’s Environmental Justice Task line 15 Force and other r elevant stak eholders for collecting co vered line 16 batteries or covered battery-embedded products for recycling in line 17 areas and communities that face unique challenges. line 18 (r)  A demonstr ation of actions tak en by the ste wardship line 19 organization or pr oducer to comply with the r equirements line 20 established pursuant to Section 42422.1 or 42422.2. line 21 (s)  (1)  A report on activities the ste wardship organization or line 22 producer has undertaken in relation to all of the following:
line 23 (A)  Meeting the requirements established pur suant to Section line 24 42422.1 or 42422.2.
line 25 (B)  Making progress on meeting the r equirements established line 26 pursuant to Section 42422.1 or 42422.2.
line 27 (C)  Making progress on planned efforts to meet the requirements line 28 established pursuant to Section 42422.1 or 42422.2. line 29 (2)  Factors to be considered for purposes of paragraph (1) may line 30 include, but are not limited to, availability of takeback options and line 31 no-cost local curbside collections services, proximity to recyclers line 32 and no-cost collection points and events, and the state of current line 33 recycling technology.
line 34 (t)  A report on activities, whic h the ste wardship organization line 35 or pr oducer shall undertak e, to prioritize the use of r ecycling line 36 facilities located closer to the point of g eneration to minimize line 37 transport, support economic de velopment, and incr ease line 38 accountability.
line 39 (u)  If the pr oducer or ste wardship or ganization determines line 40 during a particular year that any of the activities undertak en to 98 — 24 — AB 2440

14.I

line 1 implement subdivision (t) wer e unsuccessful, the ste wardship line 2 organization or pr oducer shall identify the pr oblems with the line 3 current activities, and report on the new activities undertaken and line 4 progress made , in the following year’ s annual r eport. These line 5 modifications shall be made pur suant to the r equirements of line 6 Section 42422.3.
line 7 (v)  An electronic copy in the form and manner determined by line 8 the department of any r eport completed by the ste wardship line 9 organization or producer during the period covered by the annual line 10 report and a brief explanation of how the stewardship organization line 11 or producer anticipates the activities may benefit the stewardship line 12 program. The stewardship organization or pr oducer shall mak e line 13 these r eports publicly available fr ee of c harge. If the r eport line 14 contains trade secret or confidential information protected under line 15 existing law, the stewardship organization or producer shall only line 16 be required to pr ovide a description of the information and its line 17 relevance to the stewardship program that omits any of the trade line 18 secret or confidential information.
line 19 (w)  The progress toward attainment of the goals included in line 20 the stewardship organization’s or producer’s stewardship plan. line 21 (x)  Any modifications or r evisions to the ste wardship plan, line 22 including those required pursuant to Section 42422.3, whic h are line 23 subject to review under Section 42422.6, necessary to achieve the line 24 requirements established pursuant to Section 42422.1 or 42422.2. line 25 (y)  Any other information r elevant to compliance with the line 26 approved stewardship plan.
line 27 42424.4. (a)  No later than 90 days after the date the line 28 department receives the annual report submitted by a stewardship line 29 organization or pr oducer pur suant to Section 42424.2, the line 30 department shall notify the stewardship organization or producer line 31 of any deficiencies in the annual r eport. No later than 60 days line 32 after receiving this notice fr om the department, the ste wardship line 33 organization or pr oducer shall pr ovide additional information, line 34 modifications, or corr ections in r esponse to the department’ s line 35 notification.
line 36 (b)  Any pr oposed activities in the annual r eport shall be line 37 evaluated by the department for progress and shall be taken into line 38 consideration when appr oving, disappr oving, or conditionally line 39 approving the report.
98 AB 2440 — 25 —

14.I

line 1 (c)  Within 90 days of r eceipt of an annual r eport deemed line 2 complete pursuant to subdivision (a), the department shall review line 3 the report for compliance with this c hapter and shall appr ove, line 4 disapprove, or conditionally appr ove the annual r eport. If the line 5 department fails to act within 90 days of receipt of the report, the line 6 report shall be deemed approved.
line 7 (d)  (1)  If the department conditionally approves or disapproves line 8 the annual report, the stewardship organization or producer shall line 9 resubmit a r evised annual r eport addr essing the department’ s line 10 written reasons for its decision within 30 days of the conditional line 11 approval or disapproval.
line 12 (2)  The department, within 60 days from the date a stewardship line 13 organization or producer resubmits a revised annual report, shall line 14 approve or disappr ove a final annual r eport. If the department line 15 fails to act or does not disappr ove a final annual r eport within line 16 those 60 days, the annual report shall be deemed approved. line 17 (3)  If the department disappr oves a r evised annual r eport line 18 submitted pursuant to paragraph (1), the stewardship organization line 19 or producer may submit only one additional revised annual report, line 20 subject to review in accordance with paragraph (2). line 21
line 22 Article 6. Enforcement
line 23
line 24 42425. (a)  On or before July 1, 2027, and on or befor e July line 25 1 of each year thereafter, the department shall post on its internet line 26 website a list of producers that are in compliance with this chapter. line 27 The department shall list, as appropriate, the reported brands and line 28 names of covered batteries and covered battery-embedded products line 29 for each producer.
line 30 (b)  A producer that is not listed on the department’ s internet line 31 website pursuant to subdivision (a) that demonstrates compliance line 32 with this chapter before the next list is posted by the department line 33 may request a certification letter from the department stating that line 34 the pr oducer, br and, or co vered battery or co vered line 35 battery-embedded product is in compliance with this c hapter. A line 36 producer that receives this letter shall be deemed to be listed as line 37 compliant on the department’s internet website. line 38 (c)  (1)  A retailer or distributor shall monitor the department’s line 39 internet website to determine if a pr oducer, br and, or co vered line 40 battery or co vered battery-embedded pr oduct is in compliance 98 — 26 — AB 2440

14.I

line 1 with this c hapter for that br and or co vered battery or co vered line 2 battery-embedded product.
line 3 (2)  Except as pr ovided in subdivision (d), a r etailer or line 4 distributor shall not sell, distrib ute, offer for sale , or import a line 5 covered battery or co vered battery-embedded product in or into line 6 the state unless the pr oducer of the co vered battery or co vered line 7 battery-embedded product is listed as in compliance pur suant to line 8 subdivision (a) for that br and and co vered battery or co vered line 9 battery-embedded product.
line 10 (d)  (1)  Notwithstanding par agraph (2) of subdivision (c), a line 11 retailer or distributor may sell or distribute a covered battery or line 12 covered battery-embedded product if, on the date the r etailer or line 13 distributor ordered or purchased the covered battery or co vered line 14 battery-embedded product, the producer, brand, or covered battery line 15 or covered battery-embedded product was listed as compliant on line 16 the department’s internet website.
line 17 (2)  Notwithstanding paragraph (2) of subdivision (c), a retailer line 18 or distributor may, for any e xisting inventory in stock before the line 19 initial list was posted by the department pur suant to subdivision line 20 (a), sell or distribute that inventory.
line 21 (e)  (1)  If the department determines a pr oducer is not in line 22 compliance with this c hapter, the department shall r emove the line 23 producer, along with its brands and covered batteries or covered line 24 battery-embedded products, from the list of compliant pr oducers line 25 posted on the department’s internet website pursuant to subdivision line 26 (a).
line 27 (2)  A retailer shall not purchase a covered battery or covered line 28 battery-embedded product for sale in the state from a noncompliant line 29 producer until the pr oducer can pr ovide documentation to the line 30 retailer that its co vered batteries and co vered battery-embedded line 31 products ar e co vered by a ste wardship plan appr oved by the line 32 department or until the r etailer has obtained a letter fr om the line 33 department stating that the producer of each covered battery and line 34 covered battery-embedded pr oduct the r etailer intends to sell is line 35 in compliance with this chapter.
line 36 42425.2. (a)  The department may impose an administr ative line 37 civil penalty on a pr oducer, ste wardship or ganization, line 38 manufacturer, distributor, retailer, importer, recycler, or collection line 39 site that is in violation of this c hapter. The amount of the line 40 administrative civil penalty shall not exceed ten thousand dollars 98 AB 2440 — 27 —

14.I

line 1 ($10,000) per day, but, if the violation is intentional, knowing, or line 2 reckless, the department may impose an administrative civil penalty line 3 of not more than fifty thousand dollars ($50,000) per day. line 4 (b)  The department shall not impose a penalty pursuant to this line 5 section on a ste wardship organization or producer for a failur e line 6 to comply with this c hapter if the ste wardship organization or line 7 producer demonstr ates that it r eceived false or misleading line 8 information from a member of the ste wardship organization, as line 9 applicable, or other party that was the dir ect cause of the line 10 stewardship organization’s or producer’s failure to comply. line 11 (c)  The department shall deposit all penalties collected pursuant line 12 to this section into the Co vered Battery and Co vered line 13 Battery-Embedded Product Recycling Penalty Account, which is line 14 hereby cr eated in the Co vered Battery and Co vered line 15 Battery-Embedded Product Recycling Fund. Upon appropriation line 16 by the Legislature, these moneys shall be available for expenditure line 17 pursuant to paragraph (1) of subdivision (c) of Section 42423.4. line 18 42425.4. (a)  Upon a written finding that a pr oducer, line 19 stewardship or ganization, manufactur er, distrib utor, r etailer, line 20 importer, r ecycler, or collection site has not met a material line 21 requirement of this c hapter, in addition to any other penalties line 22 authorized under this chapter, the department may, after affording line 23 the entity a r easonable opportunity to r espond to, or r ebut, the line 24 finding, take any of the following actions to ensur e compliance line 25 with the requirements of this chapter:
line 26 (1)  Revoke the ste wardship or ganization’s or pr oducer’s line 27 stewardship plan approval or require the stewardship organization line 28 or producer to resubmit the plan.
line 29 (2)  Remove the pr oducer, along with its br ands and co vered line 30 batteries or co vered battery-embedded pr oducts, fr om the line 31 department’s list of compliant pr oducers, as specified in Section line 32 42425.
line 33 (3)  Impose additional r eporting r equirements r elating to line 34 compliance with the material r equirement identified by the line 35 department.
line 36 (b)  If a stewardship plan is revoked pursuant to paragraph (1) line 37 of subdivision (a) or terminated by the ste wardship organization line 38 or producer that submitted the plan, a producer no longer subject line 39 to that plan may , without being subject to administr ative civil line 40 penalties pursuant to Section 42425.2, sell or offer for sale covered 98 — 28 — AB 2440

14.I

line 1 batteries or covered battery-embedded products in the state for a line 2 period of up to one year after the stewardship plan was terminated line 3 or was revoked if the producer continues to operate under the most line 4 recent appr oved ste wardship plan to whic h the pr oducer was line 5 subject.
line 6 42425.6. (a)  A pr oducer, ste wardship or ganization, line 7 manufacturer, distributor, retailer, importer, recycler, or collection line 8 site shall do both of the following:
line 9 (1)  Upon request, provide the department with reasonable and line 10 timely access, as determined by the department and as authorized line 11 pursuant to Title 13 (commencing with Section 1822.50) of P art line 12 3 of the Code of Civil Pr ocedure, to its facilities and oper ations, line 13 as necessary to determine compliance with this chapter. line 14 (2)  Upon request, provide the department with relevant records line 15 necessary to determine compliance with this chapter. line 16 (b)  The records required by this c hapter shall be maintained line 17 and accessible for thr ee years. All reports and records provided line 18 to the department pursuant to this chapter shall be provided under line 19 penalty of perjury.
line 20 (c)  (1)  The department may impose administr ative civil line 21 penalties pursuant to Section 42425.2 on a producer, stewardship line 22 organization, manufactur er, distrib utor, r etailer, importer , line 23 recycler, or collection site that fails to provide the department with line 24 the access required pursuant to this section.
line 25 (2)  The department may post a notice on the department’ s line 26 internet website pur suant to Section 42425 that a pr oducer that line 27 fails to provide the department with access pursuant to this section, line 28 along with the producer’s brands and covered batteries or covered line 29 battery-embedded products, is no longer in compliance with this line 30 chapter.
line 31 SEC. 2. Article 5 (commencing with Section 42457) is added line 32 to Chapter 8.4 of P art 3 of Division 30 of the Public Resources line 33 Code, to read:
line 34
line 35 Article 5. Repeal
line 36
line 37 42457. This chapter shall become inoper ative on September line 38 30, 2026, and, as of January 1, 2027, is repealed. 98 AB 2440 — 29 —

14.I

line 1 SEC. 3. Article 7 (commencing with Section 42499.5) is added line 2 to Chapter 8.6 of P art 3 of Division 30 of the Public Resources line 3 Code, to read:
line 4
line 5 Article 7. Repeal
line 6
line 7 42499.5. This chapter shall become inoperative on September line 8 30, 2026, and, as of January 1, 2027, is repealed. line 9 SEC. 4. The Legislature finds and declar es that Section 1 of line 10 this act, which adds Chapter 7.5 (commencing with Section 42420) line 11 to Part 3 of Division 30 of the Public Resources Code, imposes a line 12 limitation on the public’s right of access to the meetings of public line 13 bodies or the writings of public officials and a gencies within the line 14 meaning of Section 3 of Article I of the California Constitution. line 15 Pursuant to that constitutional pr ovision, the Le gislature makes line 16 the following findings to demonstrate the interest protected by this line 17 limitation and the need for protecting that interest:
line 18 In order to ensure that the competitive mark et in the state for line 19 the manufactur e and sale of batteries and battery-embedded line 20 products is not compr omised, it is necessary that financial, line 21 production, and sales data and confidential proprietary information line 22 collected for the purpose of administering a stewardship program line 23 be confidential.
line 24 SEC. 5. No reimbursement is required by this act pursuant to line 25 Section 6 of Article XIII B of the California Constitution because line 26 the only costs that may be incurr ed by a local a gency or school line 27 district will be incurred because this act cr eates a new crime or line 28 infraction, eliminates a crime or infraction, or changes the penalty line 29 for a crime or infraction, within the meaning of Section 17556 of line 30 the Government Code, or changes the definition of a crime within line 31 the meaning of Section 6 of Article XIII B of the California line 32 Constitution.
line 33 SECTION 1. Chapter 7.5 (commencing with Section 42420) line 34 is added to Part 3 of Division 30 of the Public Resources Code, to line 35 read:
98 — 30 — AB 2440

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line 1 Chapter 7.5. Battery and Battery-Embedded Product line 2 Recycling and Fire Risk Reduction Act of 2022
line 3
line 4 Article 1. General Provisions
line 5
line 6 42420. (a)  The Le gislature finds and declares both of the line 7 following:
line 8 (1)  In order to reduce incidents of fires and ille gal dumping, line 9 increase recycling, and substantially reduce public agenc y costs line 10 for the end-of-life management of discarded batteries, battery line 11 packs, and battery-embedded products, the Battery and line 12 Battery-Embedded Product Rec ycling and Fire Risk Reduction line 13 Act of 2022 is hereby established to require producers of batteries, line 14 battery packs, and battery-embedded products offered for sale or line 15 sold in this state to develop, finance, and implement a convenient line 16 and cost-ef fective ste wardship program to reco ver and rec ycle line 17 batteries, battery packs, and battery-embedded products. line 18 (2)  In order to promote a circular economy, all batteries, battery line 19 packs, and battery-embedded products should enter a rec ycling line 20 process at end of life, and the incorporation of the resulting residual line 21 materials into new products should be pursued to the e xtent that line 22 it is economically and technically feasible.
line 23 (b)  In enacting this chapter , the Le gislature intends all of the line 24 following:
line 25 (1)  That consumers have the opportunity to drop off their waste line 26 batteries, battery packs, and battery-embedded products free of line 27 charge, and that the program established by this chapter leverages line 28 existing local infrastructure.
line 29 (2)  To ensure batteries, battery packs, and battery-embedded line 30 products are rec ycled to the e xtent that is economically and line 31 technically feasible.
line 32 (3)  That producers fund the free and con venient collection, line 33 transportation, and recycling, and the safe and proper management line 34 of, batteries, battery packs, and battery-embedded products. line 35 (4)  At the time of collection, there is no additional cost to the line 36 consumer, local governments, collection sites, or the state to recycle line 37 batteries, battery packs, and battery-embedded products. line 38
line 39 Article 2. Battery and Battery-Embedded Product Recycling line 40 and Fire Risk Reduction Act
98 AB 2440 — 31 —

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line 1 42422. A person shall not knowingly dispose of a lithium-ion line 2 battery by depositing it in a container or receptacle that is intended line 3 for the collection of solid waste or recyclable materials, unless the line 4 container or receptacle is designated for the collection of batteries line 5 for recycling pursuant to the universal waste provisions in Chapter line 6 6.5 (commencing with Section 25100) of Division 20 of the Health line 7 and Safety Code and implementing re gulations. Nothing in this line 8 section precludes the enforcement of an y state la w, including line 9 Chapter 6.5 (commencing with Section 25100) of Division 20 of line 10 the Health and Safety Code, or federal hazardous waste law with line 11 respect to waste batteries, including lithium-ion batteries.

O
98 — 32 — AB 2440

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Apr 26 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
Christopher Lopez, City Manager;

☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing

TITLE:

A Resolution of the City Council of the City of Hemet, California, Adopting a Policy for the Distribution of Event Tickets and Passes to City Officials

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Adopting a Policy for the Distribution of Event Tickets and Passes to City Officials.

BACKGROUND:

From time to time, the City of Hemet receives event tickets and passes from third party sources, or obtains them directly, for use by elected officials and employees (“Officials”) in ceremonial roles or other City-related activities. Officials are sometimes offered tickets and passes from third party sources for personal use, as well.

The City does not current ly have a formal ticket distribution policy, and Officials often have questions regarding whether the receipt of certain tickets is prohibited or otherwise subject to reporting requirements.

The California Fair Political Practices Commission (“FPPC”) is the administering agency for the Political Reform Act and promulgates regulations (“FPPC Regulations”) pertaining to conflicts of interest for elected officials and public employees. Under FPPC Regulations, tickets given to an Official are considered “gifts” and may be subject to mandatory reporting requirements depending on their value.

Moreover, Officials may not accept tickets from any single source totaling more than Five Hundred Twenty Dollars ($520) in a calendar year.

Pursuant to FPPC Regulation 18944.1 (“Section 18944.1”), a ticket is not considered a gift to an Official if a local agency distributes the ticket to the Official in accordance with a duly -adopted written policy consistent with the provisions of Section 18944.1, which requires that the policy describe the public purposes for the use of such tickets.

15.A

By adopting this resolution, the City Council would be adopting a policy (“Policy”) to ensure that any ticket provided to the City by any third party, or purchased or obtained directly by the City, is distributed to Officials in a manner that serves and pr omotes a public purpose of the City, consistent with the requirements of Section 18944.1. In doing so, any ticket received by the Official pursuant to the Policy would not be considered a “gift” for purposes of FPPC Regulations, but the City would need to post a Form 802 to identify persons that receive tickets and detail the public purpose for the distribution.

Additionally, this policy would support Officials’ efforts to comply with FPPC Regulations by providing guidance with regards to tickets they receive directly from third parties.

DISCUSSION:

City Distributed Tickets

Article III of the Policy applies to tickets received by the City and distributed to Officials (“City-Distributed Tickets”). It does not apply to any other item of value other than tickets, and it does not give any Official a right to tickets acquired by the City. Moreover, it prohibits an Official from selling City -Distributed Tickets or transferring City -Distributed Tickets to any person other than the Official’s spouse or dependent children.

Tickets may only be distributed under the following circumstances:

1. The Official reimburses the City for face value of the City -Distributed Ticket at the time it is distributed to the Official, or

2. The Official treats the City-Distributed Ticket as income consistent with federal and state income tax laws, or

3. The Official uses or behests the City -Distributed Ticket for one or more of the following public purposes:

a. Performance of a Ceremonial Role or function representing the City at the event for which the City Official may receive enough Tickets for the City Official and each member of his or her Immediate Family.

b. The job duties of the City Official require his or her attendance at the event for which the City Official may receive enough Tickets for the City Official and each member of his or her Immediate Family.

c. Economic or business development purposes on behalf of the City.

d. Intergovernmental relations purposes, including but not limited to attendance at an event with or by elected or appointed public officials from other jurisdictions, their staff members, and their guests.

e. Attracting or rewarding volunteer public service.

f. Supporting and/or showing appreciation for programs or services rendered by non -profit organizations benefiting Hemet residents.

g. Encouraging or rewarding significant academic, athletic, or public service achievements by Hemet students, residents, or businesses.

15.A

h. For use in connection with a City employee competition or drawing, for which there shall be made available no more than four (4) Tickets per event.

i. Recognition of contributions made to the City by former City Council Members or City Managers, for which such former City Council Member or City Manager may receive no more than four (4) Tickets per event.

The distribution will be determined by the City Manager who will be authorized to take any actions necessary to ensure that City-Distributed Tickets are not disproportionately provided to and/or used by any Official. The City Manager will also be authorized to purchase tickets for Officials, and one guest of the City Official, for events organized by local civic groups and non-profits in an amount not to exceed Two Hundred Dollars ($200.00) per person, provided all other requirements of the Policy are met.

All City-Distributed Tickets that are not reimbursed by the Official must be reported by the Official on a Form 802, and the City Manager, or his or her designee, will cause the form to be posted on the City’s website.

Tickets Received by Officials from Third Parties (not the City)

Article IV applies to tickets that are not distributed by the City but are given to Officials by third parties (“Third Party Tickets”). Article IV restates the FPPC’s general rule that Third -Party Tickets are considered “gifts” and may be subject to mandat ory reporting requirements depending on their value and that Officials may not accept tickets from any single source totaling more than Five Hundred Twenty Dollars ($520) in a calendar year.

A non-exhaustive list of exceptions to this general rule is provided, but Officials are advised to contact the City Attorney for further guidance. Under the following circumstances, Third Party Tickets would not be considered a “gift:”

1. Official does not use the ticket and does not give it to someone else.

2. Official does not use the ticket but donates it to a nonprofit or government agency, subject to certain restrictions, and does not claim a deduction for tax purposes.

3. Official receives the ticket from an organizer of an event for which the Official gives a speech.

4. Official receives the ticket (and another guest ticket) from an organizer of a fundraiser for a campaign committee, candidate, or nonprofit.

5. Official receives the ticket (and another guest ticket) for an event for which the Official performs a ceremonial role.

6. Official receives the ticket from the Official’s family.

7. Official receives the ticket from the Official’s dating partner, subject to disqualification under conflicts of interest laws.

8. Official receives the ticket because of an existing personal or business relationship unrelated to the Official’s position, and there is no evidence whatsoever at the time the ticket is given that the Official makes or participates in the type of government decisions that may have a reasonable, foreseeable material financial effect on the individual who would otherwise be the source of the ticket.

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9. Official receives the ticket as part of a reciprocal exchange between the Official and another individual so long as the total value of payments received by the Official within the calendar year is not substantially disproportionate to the amount paid by the City Official and no single payment is $520 or more.

Officials are advised to contact the City Attorney should they have any questions regarding the applicability of the exceptions set forth in Article IV.

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.

Objective 1: Operate in a financially sustainable manner.

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

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

Objective 4: Increase employee retention by training and creating a po sitive workplace.

Objective 5: Streamline fire prevention coordination efforts.

ATTACHMENT(S):

Attachment 1: Resolution Ticket Policy

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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;

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, ADOPTING A POLICY FOR

THE DISTRIBUTION OF EVENT TICKETS AND PASSES

TO CITY OFFICIALS

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

WHEREAS, from time to time, the City of Hemet (the "City") receives event tickets and passes from third party sources, or obtains them directly, for use by various City officials; and
WHEREAS, from time to time, City officials are offered tickets and passes from third party sources for personal use; and
WHEREAS, pursuant to section 18944.1 of Title 2 of the California Code of Regulations ("Regulations"), such tickets and passes are defined as those that provide admission to a facility, event, show or performance for an entertainment, amusement, recreational or other similar purpose; and
WHEREAS, the City desires to use and distribute such tickets and passes to further governmental and public purposes, such as the promotion of City businesses, resources, programs and facilities; and
WHEREAS, the City also desires to clarify the rules and regulations rel ated to City officials’ receipt of tickets and passes from third party sources for personal use; and
WHEREAS, tickets and passes are not considered gifts to public officials if the City distributes the tickets and passes in accordance with a duly adopted written policy consistent with the provisions of section 18944.1; and

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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WHEREAS, the attached policy must be maintained as a public record, is subject to inspection and copying under section 81008, and shall be posted on the City’s website within (30) days of adoption and sent to the Fair Political Practices Commission (“FPPC”).

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 hereby adopts the "Ticket Policy" attached hereto as Exhibit "A."
SECTION 3. The City Manager, or his designee, is hereby authorized to take any actions necessary to implement this policy, including posting the policy on the City’s website within thirty (30) days of adoption and sending a copy of the policy to the FPPC.

SECTION 4. This Resolution shall take effect upon its adoption.

PASSED, APPROVED AND ADOPTED this ____day of _____ 2022.

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Malcom Lilienthal, Mayor

ATTEST:

_____________________________
John Paul Maier, City Clerk

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CITY COUNCIL RESOLUTION NO. 2022-xxx
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State of California )
County of Riverside )
City of Hemet )

I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by t he Hemet City Council on the ____ day of _____ 2022, and was passed by the following vote:

AYES: Council Members: None.

NOES: Council Members: None.

ABSTAIN: Council Members: None.

ABSENT: Council Members: None.

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John Paul Maier, City Clerk

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1 CITY OF HEMET

TICKET POLICY

ARTICLE I. PURPOSE.

The purpose of this Policy is to ensure that any Ticket provided to the City by any third party, or purchased or obtained directly by the City, shall be distributed to City Officials by the Ticket Administrator in a manner that serves or promotes a public purpose of the City, and to clarify the regulations promulgated by the Fair Political Practices Commission (“FPPC”) regarding City Officials’ receipt of Tickets from third party sources.

ARTICLE II. DEFINITIONS.

Unless otherwise expressly provided herein, words and terms used in this P olicy shall have the same meaning as that ascribed to such words and terms in the California Political Reform Act of 1974 (Government Code Sections 81000, et seq. , as the same may from time to time be amended) and FPPC Regulations (Title 2, Division 6 of the California Code of Regulations, Sections 18110 et seq., as the same may from time to time be amended) (hereafter collectively referred to as “Political Reform Act”).

“Ceremonial Role” shall mean an act performed at an event by the City Official as a representative of the City at the request of the holder of the event or function where, for a period of time, the focus of the event is on the act performed by the City Official.

Examples of a ceremonial role include: throwing out the first pitch at a baseball game; cutting a r ibbon at an opening; making a presentation of a certificate, proclamation, award, or other item, such as the key to the City.

“City” or “City of Hemet ” shall mean and include the City of Hemet, the Hemet Housing Authority, any other affiliated agency created or activated by the Hemet City Council, and any departments, boards, and commissions thereof.

“City Official” means every member, officer, employee, or consultant of the City of Hemet, as defined in Government Code Section 82048. Such term shall include, without limitation, any City board or commission member or other appointed official or employee required to file an annual Statement of Economic Interests (FPPC Form 700).

“City Venue” means any facility owned, controlled, or operated by the City of Hemet.

“Immediate Family” means spouse and dependent children.

“Speech” means making a speech, participating on a panel, or making a substantive formal presentation at a seminar or similar event.

“Ticket” means and includes any form of admission privilege to a facility, event, show, or performance.

ARTICLE III. TICKETS ACQUIRED BY CITY.

Section 1 – Application.

a. Article III applies to T ickets for an entertainment, amusement, recreational , or similar purpose, that are either:

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2 (1) gratuitously provided to the City by an outside source;

(2) acquired by the City by purchase;

(3) acquired by the City as consideration pursuant to the terms of a contract for the use of a City venue; or

(4) acquired and distributed by the City in any other manner.

b. This Policy does not apply to any other item of value provided to the City or any City Official, regardless of whether received gratuitously or for which consideration is provided.

Section 2 - General Provisions.

a. No Right to Tickets. The use of Tickets is a privilege extended by the City and not the right of any person to which the privilege may from time to time be extended.

b. Limitation on Transfer of Tickets . Tickets distributed to a City Official pursuant to this Policy shall not be transferred to any other person, except to members of such City Official’s Immediate Family solely for their personal use.

c. Prohibition Against Sale of or Receiving Reimbursement for Tickets . No person who receives a T icket pursuant to this P olicy shall sell or receive reimbursement for the value of such Ticket.

d. Earmarks Prohibited. Tickets may not be earmarked by an outside source for use by a specific City Official.

Section 3 - Ticket Administrator.

a. City Manager. The City Manager shall be the Ticket Administrator for purposes of implementing the provisions of this Policy.

b. Oversight. The Ticket Administrator shall have the authority, in his or her sole discretion, to establish procedures for the distribution of Tickets in accordance with this Policy. All requests for Tickets which fall within the scope of this P olicy shall be made in accordance with the procedures established by the Ticket Administrator.

c. Ticket Value. The Ticket Administrator shall determine the face value of Tickets distributed by the City for purposes of this Policy.

d. Revocation/Suspension of Privileges. The Ticket Administrator, in his or her sole discretion, may revoke or suspend the Ticket privileges of any person who violates any provision of this Policy or the procedures established by the Ticket Administrator for the distribution of T ickets in accordance with this P olicy. The