MAYOR AND CITY COUNCIL:
Malcolm Lilienthal
Mayor (District 3)
Karlee Meyer
Mayor Pro Tem (District 1)
Russ Brown
Council Member (District 2)
Joe Males
Council Member (District 4)
Linda Krupa
Council Member (District 5)
Christopher Lopez
City Manager
Steven Graham
Interim City Attorney
John P. Maier
City Clerk
CITY COUNCIL AGENDA
CITY OF HEMET, CALIFORNIA
Tuesday, April 26, 2022
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
REGULAR MEETING AT 7:00 P.M.
In accordance with the Governor’s Declarations of Emergency for the State of California (Executive Orders N-25-20 and N-29-20) and the Governor’s Stay at Home Order (Executive Order N-33-20), the City of Hemet is providing alternative measures for the public to attend/view City Council Meetings.
Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.
Live Stream: This meeting will be live streamed on the City's website at hemetca.gov/agenda.
Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.
Teleconference: Residents may also submit public comments by teleconference during Communications from the Public by using the following Zoom link:
City Council Meeting Zoom
Webinar ID: 845 8145 8328
Passcode: 745765
Telephone: Dial(for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782
We appreciate your understanding during this unprecedented time of social distancing under the Safer at Home orders. These procedures may be modified in the future as social and public gathering protocols change. Thank you.
Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provide in an alternate format, please contact the City Cl erk’s Office at (951) 765-2307 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102 -35.104 ADA Title II)
Page
CLOSED SESSION – 5:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
At this time, members of the public may only comment on an item appearing on the agenda. Please adhere to the following when addressing the Council:
Comments will be limited to 3 minutes or less.
Comments should be directed to the Council as a whole and not directed to individual Council Members.
Please follow the adopted rules of decorum: Resolution No. 4545.
4. DISCUSSION ITEMS
4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Christopher Lopez, City Manager Employee Organization: HMMA, HFFA, SEIU, and HNSPEA
4.B PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title of Position: City Manager
4.C THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Government Code Section 54957
Consultation with Cyber Security Personnel
4.D CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED
LITIGATION
Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (2)
5. ADJOURNMENT OF CLOSED SESSION
6. WORK STUDY SESSION - 6:00 P.M.
6.A A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
Staff Report #22-158 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
1. Receive the report on the Council Protocols from the Council Protocols Ad -Hoc Committee with assistance from the City Manager and City Attorney;
2. Review, discuss, and revise the Council Protocols as the Council deems appropriate;
3. Adopt a Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols, as amended if applicable.
11 - 103
REGULAR MEETING - 7:00 P.M.
7. CALL TO ORDER
8. ROLL CALL
9. INVOCATION
10. PLEDGE OF ALLEGIANCE
11. CITY ATTORNEY CLOSED SESSION REPORT
11.A City Attorney’s Report regarding Closed Session
Recommendation: Information Only.
12. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. • There is a 3-minute-per-person time limit for all general public comments on non-public hearing items. • All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
• Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
• You may also fill out a form and submit your comments online at www.hemetca.gov and it will be read aloud.
Submittal must be done before 2:00 p.m. the day of the meeting. • Please state your name and item you are commenting on before speaking.
12.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items
12.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
13. PRESENTATIONS
13.A Arbor Day Proclamation
Arbor Day - Proclamation
105
13.B Highlight Reel of Recent Accomplishments in Hemet
Staff Report #22-163 - Pdf
107 - 108
14. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.
14.A Approval of the Regular City Council Meeting Minutes of February 22, 2022, the Regular City Council Meeting Minutes of March 8, 2022, and the Regular City Council Meeting Minutes of March 22, 2022 Staff Report #22-136 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Approve the Regular City Council Meeting Minutes of February 22, 2022, the Regular City Council Meeting Minutes of March 8, 2022, and the Regular City Council Meeting Minutes of March 22, 2022. 109 - 132
14.B Second Reading and Adoption of Ordinance 1998, an Ordinance of the City Council of the City of Hemet, California, Adding Section 38 -3 to the Hemet Municipal Code Adopting a Military Equipment Use Policy and Procedure for Annual Review Thereof
Staff Report #22-159 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Second Reading and Adoption of Ordinance 1998, an Ordinance of the City Council of the City of Hemet, California, Adding Section 38 -3 to the Hemet Municipal Code Adopting a Military Equipment Use Policy and Procedure for Annual Review Thereof.
133 - 167
14.C A Resolution of the City Council of the City of Hemet, California, Authorizing Remote Teleconference Meetings of the City Council Pursuant to Assembly Bill 361
Staff Report #22-168 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt the Resolution of the City Council of the City of Hemet, California, Authorizing Remote Teleconference Meetings of the City Council Pursuant to Assembly Bill 361.
169 - 188
14.D Appointment of Jacob Beamesderfer, Robert "Blake" Booth, and John Wuerth to the City of Hemet Planning Commission
Staff Report #22-169 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Appoint Jacob Beamesderfer, Robert "Blake" Booth, and John Wuerth to the City of Hemet Planning Commission with the term expiring April 1, 2024.
189 - 201
14.E 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
Staff Report #22-142 - Pdf
Recommendation:
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 Agreement No. 08 - 5186S21 and all future Program Supp lement 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 al l future Program Supplement Agreements, Fund Exchange Agreements, and/or Fund Transfer Agreements associated with Agreement No. 08-5186S21.
203 - 229
14.F 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 Staff Report #22-160 - Pdf
Recommendation:
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.
231 - 244
14.G A Resolution of the City Council of the City of Hemet, California, Approving an Application for the Department of Interior, Bureau of 245 - 254
Reclamation, WaterSMART Grants: Small -Scale Water Efficiency Projects in the Amount of $100,000.00 and Authorize the City Manager to Execute All Documents
Staff Report #22-144 - Pdf
Recommendation:
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 Reclamation, WaterSMART Grants: Small -Scale Water Efficiency Projects in the Amount of $100,000.00 and Authorize the City Manager to Execute All Documents.
14.H A Resolution of the City Council of the City of Hemet, California, Accepting the FY2021 Grant Funding of $9,801 from the Sta te Homeland Security Grant Program (SHSGP), Administered through Riverside County Emergency Management Department for CERT, and Authorizing the Finance Director to Establish Appropriations in Public Safety Fund #232 for the Grant Performance Period
Staff Report #22-131 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
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.
2. Adopt 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 Managemen t Department for CERT, and Authorizing the Finance Director to Establish Appropriations in Public Safety Fund #232 for 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.
255 - 263
14.I Consideration of Authorizing a Letter of Support for Assembly Bill 2440 (Irwin) : Public Resources Code, relating to recycling.
Staff Report #22-161 - Pdf
Recommendation:
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.
265 - 300
15. DISCUSSION - ACTION ITEMS
15.A 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 Staff Report #22-157 - Pdf
Recommendation:
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.
301 - 313
15.B Fiscal Year 2022/2023 Budget Update
Staff Report #22-170 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Receive an informational progress update on the fiscal year 2022/2023 budget process.
315 - 316
16. CITY COUNCIL AND STAFF REPORTS
COUNCIL MEMBER BROWN
1. Infrastructure Commission
2. League of California Cities
3. Riverside County Habitat Conservation Agency
4. Ramona Bowl Board of Directors
5. Hemet San Jacinto Water Master Board *
6. Western Community Energy
7. Western Riverside Council of Governments *
8. CAJPIA Board
COUNCIL MEMBER KRUPA
1. Hemet Housing Authority
2. Investment Oversight Committee
3. Hemet Public Library Board of Trustees
4. Riverside County Airport Land Use Commission *
5. League of California Cities
6. Riverside County Transportation Commission *
7. Riverside Transit Agency
8. Western Riverside County Conservation Authority *
9. Hemet San Jacinto Water Master Board *
10. Planning Commission
COUNCIL MEMBER MALES
1. Skate Park Committee
2. Planning Commission
3. League of California Cities
4. Western Riverside County Conservation Authority *
5. Western Community Energy
MAYOR PRO TEM MEYER
1. Investment Oversight Committee
2. League of California Cities
3. CAJPIA Board
MAYOR LILIENTHAL
1. Hemet Housing Authority
2. Skate Park Committee
3. Community Action Commission of Riverside County
4. League of California Cities
5. Riverside County Transportation Commission *
6. Riverside Transit Agency *
7. Western Riverside Council of Governments *
AD-HOC COMMITTEE REPORTS
1. Council Protocols Ad-Hoc Committee (Brown/Krupa)
2. Vision and Mission Ad-Hoc Committee (Lilienthal/Meyer)
3. Clean up/Graffiti Ad-Hoc Committee (Lilienthal/Meyer)
4. Homeless Outreach Ad-Hoc Committee (Lilienthal/Meyer)
5. Business Outreach Ad-Hoc Committee (Males/Lilienthal)
6. City Attorney RFP Ad-Hoc Committee (Brown/Meyer)
7. Cal Trans Liaison Ad-Hoc Committee (Brown/Krupa)
8. CDBG Ad-Hoc Committee (Lilienthal/Males)
9. Banner Program Ad-Hoc Committee (Krupa/Males)
CITY MANAGER LOPEZ
17. FUTURE AGENDA ITEMS
If Members of Council have items for consideration at a future City Council meeting, please state the agenda item to provide direction to the City Manager.
1. Broadcasting of City Council Meetings
2. Animal Control Regulations for Businesses
3. Solar Feasibility
4. Review of Resolution No. 4703
5. Review of Section 82-172 of the City of Hemet Municipal Code
6. Traffic Study for Intersections of Myers Street/Devonshire Avenue & Warren Road/Devonshire Avenue
18. ADJOURNMENT
AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.
Date & Time: April 21, 2022 at 6:15 p.m.
Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are avail able for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to th e meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.
Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 26 2022
Department: City Attorney
Submitted by: Christopher Lopez, City Manager
Steven Graham, Interim City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Receive the report on the Council Protocols from the Council Protocols Ad-Hoc Committee with assistance from the City Manager and City Attorney;
2. Review, discuss, and revise the Council Protocols as the Council deems appropriate;
3. Adopt a Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols, as amended if applicable.
BACKGROUND:
At the February 25, 2020 meeting of the City Council, the City Council created the Council Protocols Ad-Hoc Committee and the Mayor assigned Councilmembers Brown and Krupa (then serving as Mayor and Mayor Pro Tem respectively) to the Committee. The Committee has met diligently with the City Manager and City Attorney, as required since that time to develop the Council Protocols attached to this report.
On February 8, 2022, the City Council held an initial discussi on regarding the City Council Protocols and determined to continue the item for one month to provide City Councilmembers the opportunity to review.
On February 22, 2022, the City Council adopted a Policy on Admonishments and Censure, and directed the City Attorney to revise the draft City Council Protocols to incorporate this new policy.
ANALYSIS:
Beginning in January 2021, the City Council held several community meetings to discuss and develop the City of Hemet Strategic Plan. The purpose of the Strategic Plan was to ensure that the City of
6.A
Hemet is a model of excellence in local government, providing a safe, well-planned community of equal opportunity for all. In particular, the Strategic Plan includes the following values:
• Open, honest, and representative form of democracy;
• Operating with the highest ideals of honor and integrity in order to merit the respect, trust, and confidence of the citizens of Hemet
• Acknowledging the Council's primary responsibility is to those who live, work, visit or otherwise come into contact with the City of Hemet
Of the five overarching goals, one that has received a significant amount of attention by the City Council in the following year has been an emphasis on Organizational Effectiveness, which includes the City Council adopting policies that provide consistency in governance and lessening of liabilities.
The Council Protocols included with this report intend o n providing both a procedure for the Councilmembers to govern themselves effectively, but also to serve as a guide to members of the public in their interactions with the Council. The operation of local government is highly regulated, under state laws such as the Brown Act and Political Reform Act, along with FPPC regulations and common law provisions related to due process. By adopting the Council Protocols, the Committee seeks to not only summarize existing law, but elevate the operation of the Hemet City Council to a higher level of transparency and ethical decision-making.
DISCUSSION:
The Council Protocols contain a significant number of provisions, which are outlined below and summarized in the attached PowerPoint Presentation. The City Council is requested to review, discuss, and revise the Council Protocols as the City Council deems appropriate.
PREVIOUS COUNCIL ACTION:
On February 25, 2020, the Council Protocols Ad -Hoc Committee was formed and Councilmembers Brown and Krupa were appointed. The Committee has met regularly since then to develop the Council Protocols.
On February 8, 2022, the City Council held an initial discussion regarding the City Council Protocols and determined to continue the item for one month to provide City Councilmembers the opportunity to review.
On February 22, 2022, the City Council adopted a Policy on Admonishments and Censure, and directed the City Attorney to revise the draft City Council Protocols to incorporate this new policy.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The Council Protocols are designed to meet the Strategic Plan Goal of Organizational Effectiveness, which seeks to "identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability". Finalizing the Council Protocols is listed as an Action Item under Organizational Effectiveness in the Strategic Plan.
6.A
FISCAL IMPACT:
None
ALTERNATIVE(S):
In the alternative to adopting the Council Protocols, the City Council may elect to do any of the following:
1. Refer the matter back to the Committee to incorporate the City Council's feedback into a future draft;
2. Direct staff, including the City Manager or City Attorney, to draft language amending the Council Protocols and return at a future City Council meeting
3. Table the item and do not approve the Council Protocols.
ATTACHMENT(S):
Attachment 1: HMT - Council Protocols Resolution
Attachment 2: Council Protocols PowerPoint
Attachment 4: Rosenberg's Rules of Order
Attachment 3_ Hemet - City Council Protocols
6.A
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA,
ADOPTING CITY COUNCIL PROTOCOLS
WHEREAS, the City Council of the City of Hemet, California, desires to operate in a transparent and efficient manner to give the public confidence in the City Council’s decision-making; and
WHEREAS, members of the Hemet City Council are required to comply with state ethics laws, conflict of interest regulations and disclosure, and all requirements related to open meeting laws; and WHEREAS, The City Council Protocols provides a procedure and guide for both the City Council and members of the public regarding important aspects of City Council protocol, responsibilities and activities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, AS FOLLOWS:
SECTION 1. The City Council hereby adopts the City of Hemet Council Protocols, attached to this Resolution as Exhibit “A” and incorporated herein as though set forth in full.
PASSED, APPROVED, AND ADOPTED ON this _______________ day of __________________ . 2022.
________________________________
Malcolm Lilienthal, Mayor
ATTEST:
________________________________
John Paul Maier, City Clerk
6.A
Hemet CityCouncil
February 8, 2022
City Council Protocols Subcommittee Report
Councilmembers Krupa and Brown
1
6.A
City
Council
Protocols
Report
The purpose of the City Council Protocols is
to document and formalize the way the
Hemet City Council does business. The
Protocols serve as a guide for members of
the public with business before the City
Council and as procedures for members of
the City Council.
The City
2 Council Protocols
primarily support the Strategic
Plan goal of Organizational
Effectiveness.
6.A
City
Council
Protocols
Report
Relevant Strategic Plan Values:
We believe in an open, honest, and
representative form of democracy.
We are dedicated to the highest ideals of
honor and integrity in order to merit the
respect, trust and confidence of the citizens
of Hemet.
We believe our primary responsibility is to
those who live, work, visit or otherwise
come in contact with our City.
3
6.A
City
Council
Protocols
Report
City Council Protocols Preamble
“The City Council for the City of Hemet
declares that residents, businesses, and City
staff of Hemet are entitled to have fair, open,
ethical, efficient
government and City officials should
continually strive
and accountable local
that
to earn the public’s
confidence. Accordingly, Members of the City
Council must pledge to hold themselves and
each other responsible for observing the
standards set forth in these Protocols, and to
enforce these Protocols when necessary to
preserve the integrity of City government or
the public’s image of the City.”
4
6.A
City
Council
Protocols
Report
City Council Protocols Outline
1. Definitions
2. Setting a Higher Standard
3. Openness
4. Fairness of Process
5. Agenda Preparation
6. Council Committees
7. Appointments
8. Councilmember Administrative Support
5
6.A
City
Council
Protocols
Report
City Council Protocols Outline
9. Use of City Resources and Personnel
10. Use of City Council Chambers
11. Community Relations and Policies
12. Ethical Decision-making
13. Efficiency andAccountability
14. Interaction of Members
15. Enforcement
16. Failure to Observe Council Protocols
Appendixes
6
6.A
City
Council
Protocols
Report
Setting a Higher Standard
Section 2
“By adopting these Protocols, the City
Council and each of its Members intends to
and not
existing
to supersede
legal framework
supplement
California’s
applicable to local governments. Similarly,
the City Council intends that these Protocols
will not existing
obligations,
merely restate
but will establish
legal
a higher
standard of conduct for Members in the
governance of the City…”
7
6.A
City
Council
Protocols
Report
Openness
Section 3
3.1 Public Meetings shall be compliant
with the Brown Act
3.2 Serial Meetings are prohibited
3.3 Closed Session Discussions shall
be confidential and held in
accordance with the Brown Act
8
6.A
City
Council
Protocols
Report
Fairness
Section 4
4.1 Members shall base their decisions
on the facts and merits of the matter
4.2 Once an application for approval of a
Development Project has been filed,
Members may only meet with person
pursuing the project at a noticed
or indirected by the Council,
presence of the City Manager
public meeting of the Council, as
the
or
designee.
9
6.A
City
Council
Protocols
Report
Fairness
Section 4
4.3 Members shall disclose meetings,
site visits, and independent research
related to Development Project
approvals before the City Council.
4.4 Members shall preserve fairness and
integrity by ensuring decorum during
City Council deliberations
10
6.A
City
Council
Protocols
Report
Fairness
Section 4
4.5 Rosenberg’s Rules of
adopted as the City
Order is
Council’s
parliamentary procedure
4.6 Quasi-judicial hearings (which
includes most Development Project
hearings)
attached
are
rules
governed by the
regarding Quasi-
judicial hearings
11
6.A
City
Council
Protocols
Report
Agenda Preparation
Section 5
Only the following may place items on City
Council agendas:
The City Council (5.4)
The Mayor (5.3)
The City Manager (5.2)
Council Subcommittees (5.5)
Individual members may not place items on
the City Council agenda (5.6)
12
6.A
City
Council
Protocols
Report
Council Committees
Section 6
The City Council establishes Council
Committees (6.1) and the Mayor appoints
Members to the Council Committee (6.1.1)
Council Committees shall report on their
progress each month to the entire Council
(6.1.1) and shall transmit their
recommendations to the City Council (6.2).
The City Manager may assign staff to
support Committees as resources allow (6.3)
13
6.A
City
Council
Protocols
Report
Appointments
Section 7
The Mayor appoints Members to the boards
of other public agencies (7.1) while keeping
in mind the best interests of the City, a fair
distribution of assignments, and any specific
knowledge held by individual Members
Each Member of the City Council shall have
the ability to applications for,
interview, and for City Council
review
nominate
one member of each Cityratification
Commission
14
6.A
City
Council
Protocols
Report
Appointments – Measure U
Section 7
Following each general election, the City
Council will set a date for interviews and
appointment to the Measure U Citizen
Oversight Committee.
The City Clerk will post a public notice with a
deadline at least 30 days before the
scheduled meeting soliciting applications to
the Measure U Committee. The applications
will be provided to each Member of the City
Council at least 14 days before the meeting.
15
6.A
City
Council
Protocols
Report
Appointments – Measure U
Section 7
The City Council shall interview each
applicant, after which, each Member shall
individually rank the applicants
The highest ranked applicant from each
Member shall be deemed nominated, thus
ensuring that each Member has an
opportunity to nominate one person of their
choice. In the event two Members ranked the
same person first, either Member may
choose to nominate their second-highest
applicant until there are 5 nominees
16
6.A
City
Council
Protocols
Report
Appointments – Measure U
Section 7
For the remaining 2 Measure U Committee
seats, the two applicants with the highest
average rank among all Members, who were
not otherwise nominated earlier, will be
deemed nominated
The City Council will vote to approve the
nominees. If any nominee is not approved by
the City any Member mayCouncil, then
another person until 7 personsnominate
meeting the residency requirements of
Measure U have are appointed
17
6.A
City
Council
Protocols
Report
Appointments – Vacancies
Section 7
Should any seat on the City Council become
vacant, the City Clerk shall notify the
Members and publish a public notice
soliciting applications for a period of 30 days
Following the application deadline, the Mayor
shall call a special meeting of the City
Council to consider the appointment of an
applicant to the vacated seat
18
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City
Council
Protocols
Report
Administrative Support
Section 8
Correspondence received will be processed
by staff unless marked personal or
confidential (8.1.1)
Correspondence from Members shall state
either the City Council’s adopted position on
a matter, or clearly identify that this is the
Member’s personal opinion or position
(8.1.2)
20
6.A
City
Council
Protocols
Report
Administrative Support
Section 8
Correspondence sent to the City generally
and related to Non-Agenda items will be
routed to City staff to draft a response (8.1.4)
Correspondence sent to the City generally
and related to Agenda items will be routed to
the City Clerk for incorporated into the
forthcoming meeting agenda packet(8.1.4)
Correspondence addressed to the Council or
a Member will be routed to the Council or
Member (8.1.4)
20
6.A
City
Council
Protocols
Report
Administrative Support
Section 8
The Mayor is the spokesperson for the City
of Hemet and shall make representations on
behalf of the Council and sign letters
representing the official position of the City
(8.2.1)
Members shall only use City letterhead and
the City Seal/Logo for official City business
(8.2.2 and 8.2.3). Such correspondence will
be copied to the entire Council. (8.2.5)
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City
Council
Protocols
Report
Administrative Support
Section 8
Members will be provided with non-City
letterhead stationary for communications,
which shall be mailed at the personal
expense of the Member (8.2.6)
The City Manager will prepare draft position
letters for the City Council when the Council
is asked to take an official position, for
Council approval at a subsequent meeting
(8.2.8) unless the matter is one of urgency, in
which case the Mayor may send a response
(8.2.9)
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City
Council
Protocols
Report
City Resources and Personnel
Section 9
City resources and personnel may not be
used for personal business (9.2)
Members may request City personnel appear
at outside events directly related to City
business (9.3.1) subject to the approval of
the City Manager
Members may request the City Manager
direct staff to perform research or the City
Attorney perform research (9.3.2 and 9.3.3)
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City
Council
Protocols
Report
City Council Chambers Use
Section 10
The City Council may designate any place
within its jurisdiction as the official Council
Chambers and their regular meeting place
(10.1)
The Council Chambers may be used for
educational election forums, but shall not be
used for political or commercial purposes.
(10.2)
24
6.A
City
Council
Protocols
Report
City Council Chambers Use
Section 10
City broadcasting capability shall be limited
to City Council, Planning Commission,
Advisory Bodies, and City-related emergency
or informational purposes (10.4)
25
6.A
City
Council
Protocols
Report
Community Relations
Section 11
The Mayor shall act as the ceremonial
representative of the City at public events
(11.1) and if not available, the Mayor Pro
Temor any Member appointed by the Mayor
Proclamations may be requested and issued
by the City Council. Unique proclamations
should be requested at least 4 weeks before
the Council meeting and routine
proclamations may be requested with less
time
26
6.A
City
Council
Protocols
Report
Community Relations
Section 11
Members participating in non-City organized
or sponsored events or organizations should
be clear that they are participating in their
individual capacity and not as a
representative of the City of Hemet.
27
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City
Council
Protocols
Report
Ethical Decision-making
Section 12
Incorporates “Guidelines for Making Ethical
Decisions”
Encourages nonparticipation for both actual
and perceived conflicts
Includes prohibition on Members participating
in decisions that affect a contractor or vendor
that has made a campaign contribution to the
Member
28
6.A
City
Council
Protocols
Report
Efficiency and Accountability
Section 13
Members are prohibited from interfering in
the executive operations of
government, including directing
the City
staff to
perform tasks or directing the City Manager
related to personnel matters
30
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City
Council
Protocols
Report
Interactions of Members
Section 14
Mayor is the Presiding Officer of the Council
and responsible for maintaining order and
decorum, as well as the City’s ceremonial
head of government and spokesman
Members shall maintain decorum at Council
meetings, dress professionally, and keep
discussions on topic
titles whenMembers shall only use their
conducting official City business or for
background/expertise purposes
30
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City
Council
Protocols
Report
Enforcement
Section 15
Members
they have
shall
read
sign a statement
and understood
affirming
the City
Protocols
The Council is responsible for monitoring and
take corrective action, including removal of an
offending Member from committees and other
governmental boards
31
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City
Council
Protocols
Report
Enforcement
Section 15
Any person may make a complaint that a
Member has violated the Council Protocols,
which shall be investigated by the City
Manager
The City Manager shall report their findings to
the City Council for a determination. The
Council may dismiss the complaint, issue a
warning, reprimand the offending Member, or
(in the most serious cases) censure the
Member
32
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City
Council
Protocols
Report
Failure to Observe
Section 16
The Council Protocols are procedural only
and the failure of the Council to adhere to the
Protocols will not invalidate any action taken,
nor provide a private right of action
33
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Discussion & Follow-up
34
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Rosenberg’s Rules of Order
REVISED 2011
Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg
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ii
MISSION and CORE BELIEFS
T o expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.
VISION
T o be recognized and respected as the leading advocate for the common interests of California’s cities.
About the League of California Cities
Established in 1898, the League of California Cities is a member organization that represents California’s incorporated cities.
The League strives to protect the local authority and automony of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine.
© 2011 League of California Cities. All rights reserved.
About the Author
Dave Rosenberg is a Superior Court Judge in Y olo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Y olo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Y olo-Solano Air Quality Management District, the Y olo County Economic Development Commission, and the Y olo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies.
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1 Table of Contents
About the Author ............................................................................................................ii Introduction ....................................................................................................................2 Establishing a Quorum ...................................................................................................2 The Role of the Chair ......................................................................................................2 The Basic Format for an Agenda Item Discussion ........................................................2 Motions in General .........................................................................................................3 The Three Basic Motions ................................................................................................3 Multiple Motions Before the Body .................................................................................4 T o Debate or Not to Debate ............................................................................................4 Majority and Super-Majority Votes ...............................................................................5 Counting Votes ................................................................................................................5 The Motion to Reconsider ..............................................................................................6 Courtesy and Decorum ..................................................................................................7 Special Notes About Public Input ..................................................................................7
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2 Establishing a Quorum
The starting point for a meeting is the establishment of a quorum.
A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three.
When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished.
The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body.
The Role of the Chair
While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself.
Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. T o the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often published agenda.
Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format:
Introduction
The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules — Robert’s Rules of Order — which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert’s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order.
Hence, the birth of Rosenberg’s Rules of Order.
What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg’s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly.
This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars:
1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings.
2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate.
3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process.
4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process.
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3 Ninth, the chair takes a vote. Simply asking for the “ayes” and then asking for the “nays” normally does this. If members of the body do not vote, then they “abstain. ” Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated.
T enth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. ”
Motions in General
Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus.
Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member’s desired approach with the words “I move … ”
A typical motion might be: “I move that we give a 10-day notice in the future for all our meetings. ”
The chair usually initiates the motion in one of three ways:
1. Inviting the members of the body to make a motion, for example, “A motion at this time would be in order. ”
2. Suggesting a motion to the members of the body, “A motion would be in order that we give a 10-day notice in the future for all our meetings. ”
3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time.
The Three Basic Motions
There are three motions that are the most common and recur often at meetings:
The basic motion. The basic motion is the one that puts forward a decision for the body’s consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser. ”
First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item.
Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item.
Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond.
Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input.
If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed).
Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion.
Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair.
Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion.
This is done in one of three ways:
1. The chair can ask the maker of the motion to repeat it;
2. The chair can repeat the motion; or
3. The chair can ask the secretary or the clerk of the body to repeat the motion.
Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it.
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4 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions.
Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended.
Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser.
T o Debate or Not to Debate
The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action.
There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion):
Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote.
Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote.
Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight. ” It requires a simple majority vote.
The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee. ” A motion to amend takes the basic motion that is before the body and seeks to change it in some way.
The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year. ”
“Motions to amend” and “substitute motions” are often confused, but they are quite different, and their effect (if passed) is quite different.
A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a “motion to amend” or a “substitute motion” is left to the chair. So if a member makes what that member calls a “motion to amend, ” but the chair determines that it is really a “substitute motion, ” then the chair’s designation governs.
A “friendly amendment” is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, “I want to suggest a friendly amendment to the motion. ” The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend.
Multiple Motions Before the Body
There can be up to three motions on the floor at the same time.
The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair.
When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser. ” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. ” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year. ” The proper procedure would be as follows:
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5 Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass.
Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass.
Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item.
Counting Votes
The matter of counting votes starts simple, but can become complicated.
Usually, it’s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated.
If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the “no” votes and double that count to determine how many “yes” votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote “no” then the “yes” vote of at least four members is required to achieve a two-thirds majority vote to pass the motion.
What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated.
Vote counting starts to become complicated when members vote “abstain” or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes.
In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold. ” The motion can contain a specific time in which the item can come back to the body. “I move we table this item until our regular meeting in October. ” Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote.
Motion to limit debate. The most common form of this motion is to say, “I move the previous question” or “I move the question” or “I call the question” or sometimes someone simply shouts out “question. ” As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a “request” rather than as a formal motion. The chair can simply inquire of the body, “any further discussion?” If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor.
However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the “question” as a formal motion, and proceed to it.
When a member of the body makes such a motion (“I move the previous question”), the member is really saying: “I’ve had enough debate. Let’s get on with the vote. ” When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body.
Note: A motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes. ” Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote.
Majority and Super Majority Votes
In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails.
All motions require a simple majority, but there are a few exceptions.
The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass:
Motion to limit debate. Whether a member says, “I move the previous question, ” or “I move the question, ” or “I call the question, ” or “I move to limit debate, ” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass.
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6 Now, exactly how does a member cast an “abstention” vote? Any time a member votes “abstain” or says, “I abstain, ” that is an abstention. However, if a member votes “present” that is also treated as an abstention (the member is essentially saying, “Count me for purposes of a quorum, but my vote on the issue is abstain. ”) In fact, any manifestation of intention not to vote either “yes” or “no” on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well.
Can a member vote “absent” or “count me as absent?” Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually “absent. ” That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais.
The Motion to Reconsider
There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed.
A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider.
First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.)
Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body — including a member who voted in the minority on the original motion — may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality.
If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time.
California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count.
After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of “those present” then you treat abstentions one way. However, if the rules of the body say that you count the votes of those “present and voting, ” then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are “present and voting. ” Accordingly, under the “present and voting” system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are “present”), but you treat the abstention votes on the motion as if they did not exist (they are not “voting”). On the other hand, if the rules of the body specifically say that you count votes of those “present” then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like “no” votes.
How does this work in practice?
Here are a few examples.
Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are “present and voting. ” If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails.
Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies.
If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three “yes, ” one “no” and one “abstain” also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed — so an effective 3-1 vote is clearly a two-thirds majority vote.
Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members “present. ” Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a “no” vote. Accordingly, if the votes were three “yes, ” one “no” and one “abstain, ” then the motion fails. The abstention in this case is treated like a “no” vote and effective vote of 3-2 is not enough to pass two-thirds majority muster.
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7 Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed.
Call for orders of the day. This is simply another way of saying, “return to the agenda. ” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed.
Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item:
Rule One: T ell the public what the body will be doing.
Rule Two: Keep the public informed while the body is doing it.
Rule Three: When the body has acted, tell the public what the body did.
Courtesy and Decorum
The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak.
The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body.
Can a member of the body interrupt the speaker? The general rule is “no. ” There are, however, exceptions. A speaker may be interrupted for the following reasons:
Privilege. The proper interruption would be, “point of privilege. ” The chair would then ask the interrupter to “state your point. ” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear.
Order. The proper interruption would be, “point of order. ” Again, the chair would ask the interrupter to “state your point. ” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate.
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City Council
Protocols
City of Hemet
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TABLE OF CONTENTS
Page
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1. DEFINED TERMS.................................................................................................2
2. SETTING A HIGHER STANDARD WITHIN THE EXISTING
FRAMEWORK ......................................................................................................2
3. OPENNESS ..........................................................................................................3
3.1 Public Meetings..........................................................................................3
3.2 Council Communications and Serial Meetings...........................................3
3.3 Closed Session Discussions. .....................................................................3
4. FAIRNESS OF PROCESS ...................................................................................3
4.1 Decisions on the merits..............................................................................3
4.2 Meetings with Applicants and Interested Persons. ....................................3
4.3 Disclose Meetings, Site Visits, and Independent Research.......................4
4.4 Decorum & Debate.....................................................................................4
4.5 Parliamentary Procedure: Rosenberg’s Rules of Order.............................4
4.6 Quasi-Judicial Hearings. ............................................................................5
4.7 Attentiveness at Meetings. .........................................................................5
5. AGENDA PREPARATION & PLACING ITEMS ON THE AGENDA .....................5
5.1 Preparing the Agenda. ...............................................................................5
5.2 Agency Items – Placement by City Manager. ............................................5
5.3 Agenda Items – Placement by Mayor. .......................................................5
5.4 Agenda Items – Placement by Council. .....................................................6
5.5 Agenda Items – Placement by Council Committee....................................6
5.6 Agenda Items – Placement by Individual Members...................................6
5.7 Consultation Regarding the Draft and Posted Agendas. ...........................6
5.8 Matters Not Appearing on the Agenda.......................................................7
6. COUNCIL COMMITTEES.....................................................................................7
6.1 Purpose......................................................................................................7
6.2 Committee Recommendations...................................................................8
6.3 Staffing. ......................................................................................................8
7. APPOINTMENTS..................................................................................................8
7.1 Appointments by Mayor to Other Public Agencies.....................................8
7.2 Appointments by Council to City Commissions..........................................9
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TABLE OF CONTENTS
(continued)
Page
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7.3 Measure U Citizen Oversight Committee.................................................10
7.4 City Council Vacancies ............................................................................11
8. COUNCIL MEMBER ADMINISTRATIVE SUPPORT .........................................12
8.1 Processing Correspondence....................................................................12
8.2 Council Correspondence..........................................................................13
9. USE OF CITY PERSONNEL, EQUIPMENT OR RESOURCES.........................14
9.1 Overview. .................................................................................................14
9.2 Use of City Resources. ............................................................................14
9.3 City Manager Authorization......................................................................15
10. USE OF CITY COUNCIL CHAMBERS...............................................................16
10.1 Primary Purpose. .....................................................................................16
10.2 Calendar...................................................................................................16
10.3 Parameters...............................................................................................16
10.4 City-Owned and Operated Television and Broadcasting Capability. .......17
11. COMMUNITY RELATIONS AND POLICIES ......................................................17
11.1 Mayor to Act as Council Ceremonial Representative...............................17
11.2 Honoring Residents and Other Worthy Persons......................................17
11.3 Council Member Participation in Community Activities. ...........................18
12. ETHICAL DECISION MAKING ...........................................................................19
12.1 Avoiding the Appearance of Impropriety..................................................19
12.2 Ethical Principles to Follow. .....................................................................19
13. EFFICIENCY AND ACCOUNTABILITY..............................................................22
13.1 Members Shall Not Interfere with Operations. .........................................22
13.2 Stay Out of Personnel Matters. ................................................................22
13.3 Orders and Direction to Employees. ........................................................22
13.4 Staff Liaisons to City Commissions / Committees and Outside Agencies. .................................................................................................23
13.5 Operations and Service Levels. ...............................................................23
13.6 Political Solicitation and Activities. ...........................................................23
14. INTERACTION OF MEMBERS ..........................................................................23
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TABLE OF CONTENTS
(continued)
Page
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14.1 Mayor. ......................................................................................................23
14.2 At Public Meetings. ..................................................................................24
14.3 Relations with Fellow Members. ..............................................................25
14.4 Public Communication and Appearance..................................................26
15. ENFORCEMENT ................................................................................................26
15.1 Member Responsibility.............................................................................26
15.2 Council Authority. .....................................................................................27
15.3 Violation of Oath of Office or the Law. .....................................................27
15.4 Violation of Protocols. ..............................................................................27
16. FAILURE TO OBSERVE COUNCIL PROTOCOLS............................................29 APPENDIX A – LEGAL FRAMEWORK & RESOURCES................................................1 APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS.............................1 APPENDIX C – ROSENBERG’S RULES OF ORDER....................................................1 APPENDIX D – EXPENSE REIMBURSEMENT FOR CITY COUNCIL ..........................1 APPENDIX E – Procedural Rules for Quasi-Judicial Hearings .......................................2
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PREAMBLE
The City Council for the City of Hemet (“City”) declares that residents, businesses, and City staff of Hemet are entitled to have fair, open, ethical, efficient and accountable local government and that City officials should continually strive to earn the public’s confidence. Accordingly, Members of the City Council must pledge to hold themselves and each other responsible for observing the standards set forth in these Protocols, and to enforce these Protocols when necessary to preserve the integrity of City government or the public’s image of the City.
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1. DEFINED TERMS
“Brown Act” means the California Ralph M. Brown Act; Sections 54950 – 54963 of Chapter 9, of Part I of Division 2 of Title 5 of the California Government Code as the Act or any of its sections or subparts may be amended from time to time. “City” means the municipal corporation and general law city incorporated as the City of Hemet, California.
“Council” means the City Council of the City of Hemet, acting through a majority of its Membership.
“Development Project” means those projects seeking or requiring a Specific Plan, Zone Change, Development Agreement, Density Bonus, Subdivision Tract Map, or a Conditional Use Permit for a sensitive use (i.e. adult business, massage parlor, etc.), or an industrial or commercial use having a building area of 20,000 square feet or more.
“FPPC” means the Fair Political Practices Commission established pursuant to Government Code Section 83100 et seq.
“FPPC Regulations” mean the rules and regulations promulgated by the FPPC to implement the Political Reform Act: Sections 18109—18997 of Division 6 of Title 2 of the California Code of Regulations.
“Members” mean all Members of the Council collectively. “Member” means each Member of the Council individually. “Political Reform Act” means the California Political Reform Act of 1974; Sections 81000 – 91014 of Title 9 of the California Government Code. “Serial Meeting” means a series of communications of any kind, by a majority of Councilmembers, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the City Council, as prohibited under Government Code section 59952.2.
2. SETTING A HIGHER STANDARD WITHIN THE EXISTING FRAMEWORK By adopting these Protocols, the City Council and each of its Members intends to supplement and not to supersede California’s existing legal framework applicable to local governments. Similarly, the City Council intends that these Protocols will not merely restate existing legal obligations, but will establish a higher standard of conduct for Members in the governance of the City. Members are referred to Appendix “A” (Legal Framework & Resources) for pertinent resources. Members are expected to be familiar with and to seek guidance about the applicability of the legal framework.
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3. OPENNESS
Openness or transparency in decision making is of the utmost importance in maintaining ethical, representative local governance. Members shall adhere to the following standards:
3.1 Public Meetings.
Members shall make it a priority to hold public meetings in accordance with the Brown Act. Members shall seek guidance from the City Attorney as to the accepted interpretation of Brown Act requirements and shall apply those provisions broadly in favor of the public’s right to participate in public decisions.
3.2 Council Communications and Serial Meetings.
Communications between Members shall be conducted in accordance with the Brown Act. Members shall not engage in “serial meetings” with colleagues – a discussion of City issues among a majority of Members either collectively (i.e., all meeting together) or in a sequence (A talks to B who talks to C). Members shall not use other persons as intermediaries to accomplish a serial meeting or to circumvent the Ralph M. Brown Act.
3.3 Closed Session Discussions.
As part of a properly agendized meeting, Members may only hold sessions closed to the public, at advisement of the City Attorney, in accordance with the commonly accepted interpretation of Brown Act requirements. Discussions held in closed session are to be directly limited to the matter at hand. Such discussions, along with materials reviewed, are confidential and shall not be disclosed except as the City Attorney may advise.
4. FAIRNESS OF PROCESS
Members shall comply with the meeting and hearing procedures set forth by Council Ordinance or Resolution. Additionally, in order to cultivate an environment of fairness and to encourage public confidence in City decisions, Members shall adhere to the following standards of conduct:
4.1 Decisions on the merits.
Members shall base their decisions on the facts and merits of each matter, not upon personal or other biases, and shall strive to make decisions that are in the best interests of the community as a whole.
4.2 Meetings with Applicants and Interested Persons.
Except as provided below, a Member may meet and/or communicate with any person interested in a Development Project at any time before or after the filing
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of an application for the Development Project. All meetings and communications must be in compliance with the Brown Act.
After an application for an approval or permit has been filed with the City relating to the Development Project, Members shall only meet and communicate with the project applicant and/or owners (including their agents, representatives and contractors) with regard to the Development Project as part of a noticed and agendized Council meeting, as may otherwise be directed by Council (e.g., at an ad hoc Committee meeting), or in the presence of the City Manager or his/her designee.
4.3 Disclose Meetings, Site Visits, and Independent Research.
Prior to any Council deliberations regarding a Development Project at a noticed Council meeting, Members shall publicly disclose information about the Development Project that they have obtained from sources other than those presented in the staff report. For example, Members should disclose meetings with the project owner, property owner and/or applicant, the Members own site visit, communications received from members of the public, or interested parties concerning the project. Disclosure is required to provide for transparent decision making and to share information the other Members and the public that may influence their decision or that of Members.
4.4 Decorum & Debate.
To ensure the fairness and integrity of the deliberative process, the presiding officer shall preserve decorum and conduct meetings in an orderly manner consistent with Council Resolution 4545, as it may be amended, or repealed and replaced, from time to time.
Members are encouraged to ask probing questions, engage in debate, and challenge assertions where necessary in making decisions. However, Members agree to conduct themselves in a manner that is civil, polite and respectful, exhibiting courtesy and respect to their fellow Members and the public. Members shall refrain from unnecessarily interrupting speakers and shall not engage in abusive conduct, personal charges or verbal attacks upon the character or motives of other Members, City staff and/or the public.
4.5 Parliamentary Procedure: Rosenberg’s Rules of Order.
Except as may otherwise be adopted by Council or as may otherwise be provided by applicable provisions of state law or federal law or the State or Federal Constitutions, the conduct of Council meetings shall be governed by the system of parliamentary procedures set forth in the latest revised edition of Rosenberg’s Rules of Order. Irregularities or mistakes in the application or practice of such order or parliamentary procedures in general shall not invalidate an otherwise legal decision or action of the Council. Members are referred to Rosenberg’s Rules appended hereto as Appendix “C” for reference.
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4.6 Quasi-Judicial Hearings.
Except as may otherwise be adopted by Council or as may otherwise be provided by applicable provisions of state law or federal law or the State or Federal Constitutions, the conduct of quasi-judicial hearings shall be governed by the rules set forth in Appendix “E” attached hereto.
4.7 Attentiveness at Meetings.
Members shall remain attentive to the business at hand at Council and Committee meetings. Members shall not communicate via phone calls, text messages or e-mails from the dais regarding any matter that is currently being considered by the Council. Members shall place cell-phones and other communication devices in “off” or “silent” mode unless being used to review the agenda, staff reports or other pertinent information. Members shall refrain from side-bar conversations with other Members while at the dais.
5. AGENDA PREPARATION & PLACING ITEMS ON THE AGENDA
5.1 Preparing the Agenda.
The Brown Act requires that no action may be taken by Council outside of a properly noticed and agendized public meeting. The City shall adhere to the requirements of the Brown Act in noticing Meetings and in preparing, posting and providing agendas for Council meetings. Prior to agenda posting, a draft agenda shall be prepared by the City Manager and City Clerk in consultation with the City Attorney and the City’s Department Heads.
5.2 Agency Items – Placement by City Manager.
Subject to the authority reserved to the Council in 5.4, below, the Council authorizes the City Manager to prepare and place such items on the agenda for each Council meeting, whether regular, special or emergency, as the City Manager reasonably determines to be necessary for the orderly management and operation of the City. The City Manager shall also have authority to remove items from the agenda or to reschedule items to subsequent Council meetings.
5.3 Agenda Items – Placement by Mayor.
Subject to the authority reserved to Council in Section 5.4 below and the authority of the City Council as a whole to control its agenda, the Council authorizes the Mayor to place such items on the agenda for each Council meeting, whether regular, special or emergency, as the Mayor reasonably determines to be necessary for consideration by Council. The Mayor shall consult with the City Manager in advance of the agenda publication deadline regarding such items to ensure they are ready for Council discussion, do not unduly interfere with other City Council business, and that Brown Act requirements may be met.
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5.4 Agenda Items – Placement by Council.
Future Agenda Items. The agenda for each regular Council meeting shall designate a place for Council to identify “future agenda items” which the Council, by the affirmative vote of a majority of its Membership, may direct the City Manager to place on the agenda of a future Council meeting, and may specify the relative priority of the item along with date or time frame within which the item shall return to Council for study, discussion, or action. The items must be items of City Business or other items relevant to the City including without limitation informational presentations or ceremonial items.
5.4.1 Further Work on Existing Item. The Council may by the affirmative vote of a majority of its Membership, direct the City Manager to place items related to or in furtherance of an existing agenda item on a future agenda of the City Council to study, discuss, or act.
5.5 Agenda Items – Placement by Council Committee.
Where a Council Committee (whether standing or ad hoc) has been established as provided for in these Protocols, the Council Committee, is authorized to direct the City Manager to submit an update, report, and/or recommendation of the Council Committee, directly related to its subject jurisdiction on an upcoming agenda of the Council either as an update report, a study item or an item for discussion and action.
5.6 Agenda Items – Placement by Individual Members.
Individual Members may not direct the City Manager to place an item on a future Council meeting agenda. Individual Members may consult with and recommend to the City Manager items of City Business that they desire to be included on an agenda. However, Members are encouraged to utilize the process identified in Section 5.4 to place matters on a Council agenda.
5.7 Consultation Regarding the Draft and Posted Agendas.
Each Member is encouraged to schedule time with the City Manager to review the draft agenda for an upcoming meeting for the purpose of preparing for the meeting and having an opportunity to ask questions and obtain desired facts in advance of the meeting or to have such available at the meeting. Members are encouraged to identify to the City Manager and/or City Attorney any questions or additional information they desire related to any item on the posted agenda as soon as possible before the holding of a regular or special meeting, so as to provide the City Manager or City Attorney sufficient time to adequately address the question or request.
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5.8 Matters Not Appearing on the Agenda.
No action or discussion shall take place on any item not appearing on the agenda for a regular meeting as posted, unless it falls under a noted exception within the Brown Act (i.e. item of subsequent need or emergency item). However, where an item has been raised by a member of the public during the public comment period, a Member may, ask the speaker for additional information or for contact information. The Member may also inquire of the City Manager about the topic, or the Council may direct the City Manager to review the matter and report back at a subsequent meeting or to have the appropriate Department Head following up with the speaker.
6. COUNCIL COMMITTEES
6.1 Purpose.
From time to time, the Council will find it desirable to create a Committee of the Council consisting of two of its Members. These Committees are typically formed to study, investigate, and make recommendations to the full Council regarding specific topics. In some instances these are standing Committees subject to the agenda and open meeting requirements of the Brown Act and in other instances these are ad hoc Committees that are not open to the public. In order for the Committees to serve effectively, it is necessary to establish certain policies for the conduct of City business by Committees.
6.1.1 Appointment.
Council Committees shall be appointed by the Mayor. Committee Members shall be promptly notified of their selection and the scope of the Committee assignment. The Mayor shall designate the term of the Committee and identify whether it is a standing appointment (on-going) or a short-term (ad hoc) assignment.
a) Standing Committee.
Standing Committee is a Committee that has a continuing subject matter jurisdiction or has a meeting schedule that is fixed by the Council and must comply with the same agenda and meeting requirements as does a full meeting of the Council. Standing Committees may include staff members or members of the public as Members of the Committee.
b) Ad Hoc Committee.
Ad Hoc Committee is a Committee that has a specific purpose and limited duration, does not have a continuing subject matter
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jurisdiction, and does not have a meeting schedule that is fixed by the Council. Ad Hoc Committees may only include two Council Members as Members, but may request that the City Manager provide certain staff members to assist the Committee.
c) Committee Meetings.
Council Committee meetings shall be scheduled at times which allow for each Member to attend. Each Member should make an effort to accommodate the Committee meeting schedule. The schedule of Committee meetings shall be promptly communicated to each Committee Member. Individual Committee Members shall not meet with other citizens or organizations during a fact finding process or any other reason associated with the scope of the Committee’s purpose without first notifying all other Committee Members.
d) Communications.
Committee Members are obligated to keep the full Council well informed of the Committees’ meetings and work and shall report to the full Council at least once per month either by written or oral report offered at a regular Council meeting.
6.2 Committee Recommendations.
Generally, Committee Members should reach agreement on findings and recommendations to present to the City Council. When the opinions of Committee Members are divergent, each Member may submit his/her findings and recommendations separately to the City Council. Although written minutes of each Committee meeting are not required, Committee findings and recommendations should be presented to the City Council in a written document.
6.3 Staffing.
The City Manager may assign staff to Committees for the purposes of administrative services, to attend Committee meetings, and to assist with Committee presentations to the City Council, as staff are available for such tasks.
7. APPOINTMENTS
7.1 Appointments by Mayor to Other Public Agencies.
The Mayor shall at least annually or as more often as is reasonably necessary, appoint Members to positions (including alternates) with other governmental entities (e.g., Hemet / San Jacinto Water Master; Riverside Transit Agency; WRCOG, RCTC, etc.), and other public oriented organizations on which the City is entitled to positions (e.g., voting delegates at the League of California Cities).
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In making these appointments, the Mayor shall be mindful of the best interests of the City, of creating a fair distribution of assignments among the Members, and any specific knowledge or interest expressed by Council Members as may be appropriate under the Brown Act.
7.2 Appointments by Council to City Commissions.
Except for those committees, boards, and commissions (collectively referred to herein as “City Commissions”) that have an alternative procedure, such as the Measure U Oversight Committee, which is governed by the terms of Measure U adopted by the voters of Hemet and Section 7.3 below, all appointments to City Commissions shall be through the following process:
Each Commission seat shall be assigned a number 1 through 5 each corresponding to a separate Member’s District.
When a Commission seat becomes vacant, or in advance of the current term of an appointee expiring, the City Clerk shall provide notice to the public as provided under the Maddy Act soliciting for interested persons to submit completed applications to the City Clerk. The City Clerk may group several vacant or expiring seats in one public notice.
The above does not prohibit a Member whose Commission appointee seat(s) become vacant or are expiring, from directly communicating with potential applicants within their District or the City at-large (or sphere of influence where allowed by City Ordinance) and encouraging them to submitting an application for their open seat(s).
All applications for a particular Commission seat, received by the City Clerk on or prior to the submittal deadline, shall be provided to the relevant Member for review and consideration.
Within the time specified by the City Clerk, the Member may conduct any interview or meeting process determined best in their own judgement. The Member is encouraged contact the City Department Head assigned to the Commission to discuss the specific knowledge, skills, experience or other traits, that may be helpful in serving on the Commission
The Member shall then nominate and submit the name of one person per Commission seat assigned to them for ratification by the City Council. No Commissioner may be seated without their appointment first being ratified by a majority of the members of the City Council voting at a duly noticed regular City Council meeting.
Notwithstanding the expiration of a term, any person appointed to a Commission shall continue to serve until a successor is appointed or the seat is otherwise vacated.
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7.3 Measure U Citizen Oversight Committee
7.3.1 Qualifications. The Measure U Citizen Oversight Committee (“Committee”) is composed of seven members. All members of the Committee must be either:
(a) a resident of the City of Hemet;
(b) a resident of the City of Hemet’s Sphere of Influence; or (c) own a business having its primary offices located within the City of Hemet.
7.3.2 Applications.
(a)On or about the first regular meeting of December of each even- numbered year, the City Council shall set a future meeting date for interviews and consideration for appointment to the Committee. (b)The City Clerk shall thereafter post a public notice soliciting applications to the Committee with the deadline for returning applications set at least thirty days prior to the date set by the City Council for interviews. All applicants for appointment or reappointment must fill out a City of Hemet Measure U Citizen Oversight Committee application as approved by the City Council. The City Clerk shall transmit the applications to the members of the City Council at least fourteen days prior to the date set by the City Council for interviews and consideration of appointment to the Committee.
7.3.3 Appointment.
(a)On the day and time set by the City Council for interviews and consideration of appointment to the Committee, the City Council shall interview each applicant. Each City Councilmember shall then rank the applicants in order of preference.
(b)The top-ranked applicant for each City Councilmember shall be deemed nominated to the Committee. In the event two or more Councilmembers have the same applicant as their top-ranked applicant, then either Councilmember may elect to nominate their second ranked applicant, if not already nominated.
(c)The City Clerk shall then tally the remaining applicants, and the applicants receiving the highest ranks who were not nominated in the manner described above shall be deemed nominated to the Committee until there are seven nominations.
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(d)The City Clerk shall then verify that the seven nominations contain a sufficient number of residents of the City of Hemet (a minimum of four).
If a sufficient number of residents have been nominated, the City Clerk shall read the names of the seven nominees to the Committee and the City Council shall vote whether to approve the nominations to the Committee.
(e)If there are fewer than four residents nominated to the Committee through the process described above, or in the event that the City Council does not approve any of the applicants nominated in the process described above, the City Council may receive nominations from City Councilmembers and vote upon such nominations until seven applicants have been appointed to the Committee.
(f)The foregoing shall not be construed to limit the authority of the City Council to appoint any qualified person to the Committee or require the appointment of any person. The purpose of this section is only to describe the process by which nominations to the Committee will be considered by the City Council.
7.4 City Council Vacancies
Consistent with state law, the preference of the City Council is to fill any vacancy that may occur on the City Council by appointment rather than incur the costs of calling a special election. Therefore, to ensure that the City Council has adequate time to receive and consider applications for appointment, the following actions shall be taken in the event a vacancy occurs on the City Council:
7.4.1The City Clerk shall immediately notify the remaining members of the City Council of any vacancy that occurs.
7.4.2The City Clerk shall publish a Notice of City Council Vacancy in a newspaper of general circulation for the City of Hemet stating that the City Council is seeking applications for appointment to fill a vacancy on the City Council. The notice shall state the length of the term to be filled, the deadline by which applications must be received, and the date by which an appointment must be made. Applications will only be considered from applicants who meet the residency and voter registration requirements of the Hemet Municipal Code for the district in which the vacancy exists. The deadline for receiving applications shall be no later than thirty (30) days after the vacancy occurs.
7.4.3The application may request the applicant provide such information as the City Council may desire, and amend from time to time, but shall include the applicant’s name, age, primary residence address for the previous thirty (30) days, whether applicant is a registered voter, and a certification from the applicant that all information contained in the application is true and correct.
7.4.4Following the application deadline, the Mayor shall call a special
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meeting of the City Council for consideration of appointing any applicant the City Council determines qualified to fill the vacancy. If an applicant is appointed by the City Council, the applicant shall immediately take the oath of office and subsequently assume the duties as prescribed.
8. COUNCIL MEMBER ADMINISTRATIVE SUPPORT
8.1 Processing Correspondence.
8.1.1When incoming correspondence (whether in writing or by email or other electronic format) is received addressed to a Member, it is opened by staff and placed in Member’s mailbox. Correspondence Mail marked “personal” or “confidential” shall be provided to the Member unopened.
8.1.2Correspondence sent from the full Council or a Member regarding City projects, programs, actions, or issues must reflect the position of the Council (i.e. determined by not less than a majority of the Council’s Membership), unless the Member clearly identifies that they are stating their own personal opinion or position regarding the matter.
8.1.3If a Member desires staff action regarding individually received mail, such as having it listed on the agenda or requesting a response from staff, the Member shall submit the request to the City Manager.
8.1.4 Types of Correspondence.
a) General Correspondence (Non-Agenda Items).
If the correspondence relates to a City matter not on a forthcoming agenda, it is routed by the City Manager to the appropriate Department Head or staff member who may draft a response with copies to Council Members and appropriate staff members. b) City Council Meeting/Agenda Related Correspondence.
If the correspondence relates to an item on a forthcoming City Council meeting agenda, it is provided to the City Clerk for inclusion in the Council packet for that business item and copied to the City Manager and appropriate staff members.
c) Correspondence Addressed to a Member.
If the correspondence is addressed to the full City Council or an individual Member, then it shall be routed directly to the full Council if so addressed or to the individual Member as the case may be.
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8.2 Council Correspondence.
8.2.1 Mayor is Spokesperson. When appropriate, the Mayor shall make representations on behalf of the entire Council as provided at a Council meeting, and shall sign any letters representing the official position of the City Council.
8.2.2 Use of City Letterhead. Members shall only use City letterhead for the purpose of corresponding as a matter of official City business or matters within the scope of the Member’s official duties as a Council Member.
8.2.3 Use of City Seal & Logos. Members shall adhere to the City’s ordinance and polices regarding use of the City Seal and Logos.
8.2.4 Additional Restrictions on Use of City Letterhead, Seal & Logos. In addition to the restrictions by City ordinance or policy, Members shall not use City letterhead, City Seal or Logos, or other City resources where doing so would create the appearance of impropriety, including without limitation:
a)Using public office for personal gain or to promote personal business,
b)Giving preferential treatment to any person or group, c)Pursuing primarily personal interests or purposes,
d)Impeding governmental responsiveness or efficiency.
e)Use for Member campaign purposes.
8.2.5 Response Copied to Council. All Council Member
correspondence using City letterhead shall be copied to the full Council, to be received and filed at the next regularly scheduled meeting. For example, responses to citizen letters shall be copied to the full Council along with the original citizen correspondence.
8.2.6 Personal Correspondence.
Upon request, City Council Members shall be provided individual non-City letterhead stationery and envelopes for use in communications. These communications (including e-mail responses) shall be prepared by and sent at the expense of individual Council Members. Council Members may
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utilize the City's outgoing mail service; however, postage shall be at the Council Member’s expense. Personal correspondence to or from Council Members do not require listing on the City Council agenda.
8.2.7 Correspondence Responding to Proposed County, State or Federal Legislation.
A request to the City to take a position on County, State, or Federal Legislation or regulations from a Member or recognized organization shall be brought to the City Manager who shall place the request on the agenda for the next available Council meeting. The City Manager shall provide a proposed position letter or resolution for Council consideration at the meeting. A vote of the majority of Council Membership shall be required for the City to take a position on the legislation or regulation. At the direction of Council, the City Manager shall send the letter or resolution to the organization or governmental entity.
8.2.8 Urgency Matters.
If the proposed legislation or regulation is considered by the City Manager or Mayor to be extremely beneficial or extremely detrimental to the City’s interests, a letter may be prepared immediately for the Mayor’s signature, with copies being provided to the whole Council.
This procedure is particularly appropriate if the City’s position is similar or identical to a past City position on this matter and/or is consistent with the position taken by the League of California Cities.
9. USE OF CITY PERSONNEL, EQUIPMENT OR RESOURCES
9.1 Overview.
The City has a great many complex services, programs and projects being carried out at the direction of the Council. The orderly management and control of these programs and projects are essential to the effective and efficient accomplishments of these efforts. The Council’s role is to provide policy direction and the role of the City Manager is to organize and carry out the policies.
Effective management and control require Council and professional staff to maintain their respective roles. The following rules and procedures are designed to help assure clear direction and efficiency of City operations.
9.2 Use of City Resources.
State law prohibits the use of City personnel or other public resources for any personal use or personal business and other non-City activity by elected or appointed official of which said use is not directly related to City business.
Member campaign activities are considered personal and not City business.
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9.3 City Manager Authorization.
9.3.1 Outside Activities.
The use of City personnel or other resources for outside activities which are directly related to City business, such as JPAs or recognized community groups, requested by an individual Member shall be considered by the City Manager and approved at the City Manager’s discretion or by the Council as an agendized item at a regular public meeting. Prior to volunteering or encouraging the use of staff for an issue of a Council Committee, ad hoc Committee, neighborhood meeting, regional board, the board of another jurisdiction, or other activity, a Member shall confer with the City Manager, the latter of whom shall determine if it conforms to Council policy or if it is necessary to present the request for staff use to the Council at a City Council meeting.
9.3.2 Requests for Research or Information from City Staff.
Council Members shall make their request for services or information to the City Manager and not directly to City staff. The individual Member may make his/her request orally or in writing to the City Manager. The use of City staff to respond to an individual Member’s request for any purpose that is likely to exceed two (2) hours of total staff time must be approved by the majority vote of the Council Membership. The City Manager shall provide an estimate of the cost and how the request affects the Council’s goals and projects. This request shall then be agendized at a regular Council meeting for Council consideration. Members should be mindful of limited staff and City resources.
9.3.3 Request for Research or Information from City Attorney.
Council Members may request information or research from the City Attorney on a given topic directly when it is anticipated that the request can be completed by the City Attorney in less than an hour. Requests for legal review that are anticipated to take more than one hour to complete shall be directed to the Council for consideration during a Council meeting.
Requests for new information or policy direction shall be brought to the full Council at a regular meeting for consideration.
9.3.4 Requests from Public.
Requests from the public (including governmental entities) for information whether directly or to Member or City staff shall be treated as a public
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records request and handled in accordance with the City’s policies and the Public Records Act.
10. USE OF CITY COUNCIL CHAMBERS
10.1 Primary Purpose.
The City Council may designate any location within the City of Hemet that meets the requirements of the Brown Act as its regular meeting place and such location shall be known as the City Council Chambers. The primary purpose of the City Council Chambers is for meetings of the City Council, and may be used for meetings of the Planning Commission, Infrastructure Commission, other City Council advisory bodies, and Task Forces established by the Council or City Manager for City business, as may be convenient or appropriate. The Council may consider other uses of the Chambers consistent with the provisions set forth below.
10.2 Calendar.
A calendar of use shall be maintained by the City Clerk’s office, and all requests for use should be regularly calendared or scheduled through that office.
10.3 Parameters.
10.3.1The City Council Chambers shall not be used for political or commercial purposes except as outlined herein. The City shall allow the use of the Council Chambers for the conduct of educational election forums, whether for city, county, state, or national offices/ballot measures, if all of the following conditions are met:
a)The forum is not a campaign event, rally or activity, or political fundraising event; and
b)The forum is open to the public; and
c)The forum is for educational purposes, which may include candidate debates or meetings with the community; and
d)When the event is chaired and moderated in an impartial and objective way which is fair to all candidates/ballot measures.
10.3.2 Special Rules for Ballot Measures.
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a)In accordance with Government Code Section 54964, staff shall ensure that any use of City funds to promote or host a forum on any ballot measure complies with the following requirements: (1) any use of funds for informational activities related to the forum is not prohibited by the Constitution or laws of the State of California, and (2) any informational materials provided through the use of City funds constitutes an accurate, fair, and impartial presentation of relevant facts to aid the voters in reaching an informed judgment regarding the ballot measure. In accordance with Government Code
Section 54964, staff shall also ensure that City funds are not used for the purpose of supporting or opposing the election or defeat of any candidate.
10.4 City-Owned and Operated Television and Broadcasting Capability.
Use of City-owned and operated television and broadcasting capability shall be limited to broadcast of City Council, Planning Commission, and other City advisory body meetings, and for City-related emergency or informational purposes as authorized by the City Manager. Use of the video broadcasting system by an outside agency is not allowed except with the permission of the City Council at least two weeks prior to the event. If such use is granted it is subject to appropriate personnel – equipment – overhead charges as established by the City Manager.
11. COMMUNITY RELATIONS AND POLICIES
11.1 Mayor to Act as Council Ceremonial Representative.
The Mayor has been delegated the responsibility to act as the City Council’s ceremonial representative at public events and functions. In the Mayor’s absence, the “Mayor Pro Tem” assumes this responsibility. In both the Mayor and Mayor Pro Tem’s absence, the Mayor shall appoint another Member to assume this responsibility.
11.2 Honoring Residents and Other Worthy Persons.
It is the policy of the City Council to honor people and organizations who have contributed to the improvement or to the welfare of the City. Recommendations may be made by citizens to an appropriate Commission, Board, or Committee or directly to the City Council. The City Council may request the advice of a Commission, Board or Committee to determine merit or, if desirable, to hold a public hearing prior to a formal dedication. Recognition may also be given to individuals for their personal achievement or for enhancing the image of the City.
The accolades could include awards, certificates, resolutions or proclamations. In addition, perpetual plaques or awards can be bestowed on individuals.
11.2.1 Proclamations and Resolutions of Support.
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If any person requests a proclamation or resolution of support for any person or organization, the following procedure should be followed:
a)Incoming requests for proclamations or resolutions of support shall be provided to the City Manager, or their designee, in writing at least four (4) weeks prior to the Council meeting date and should include the draft content of the proclamation or resolution. Content may be changed
after submission at the discretion of the City Manager. The matter shall then be scheduled for an upcoming City Council meeting for approval, and may thereafter be presented by the Mayor at the Council meeting or an event, or be picked up/mailed. In the event that the Mayor is unable to attend an event, the “Mayor Pro Tem” or a Member may attend on
behalf of the Council.
b)If a request for a proclamation or resolution is submitted with insufficient content, the requestor should be contacted and advised that a certificate of recognition is more appropriate for the occasion.
c)If a request for a certificate of recognition is submitted with insufficient content that requestor should be contacted to provide additional information about the request.
d)Certain requests for recognition are considered routine in nature and may be processed by the City Manager in
whatever manner deemed appropriate, without the need for the four (4) weeks advance notice discussed above. Such routine requests include, but are not limited to Student of the Month, New Business Recognitions, Recognition of certain days/weeks/months to coincide with their customary
observance (a standing list of which may be approved by the Council and updated as the Council directs) and recognition of significant life events for Hemet residents (e.g.,
recognition of Centenarians, 50-year anniversaries) and retirements of City staff following significant years of service. e)If a request for a perpetual plaque or award is submitted, or if a request for dedication of a municipal building, room, or facility, is submitted, the request shall be directed to Infrastructure Commission for public hearing consistent with the City’s naming policy. If after the public hearing the Infrastructure Commission recommends dedication to the
Council, the Council shall hold a public hearing prior to taking action on the dedication request.
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11.3 Council Member Participation in Community Activities.
From time to time, Members may choose to participate in non-city organized or sponsored organizations, activities, committees, events, and task forces. When a Member participates in these types of activities, the Member is not acting on behalf of the City Council. Members may identify themselves as Members of the Council, but must indicate that they are acting as an individual Member, rather than representing the Council. Acting or participating on behalf of the City Council is limited to those instances when the Council has formally designated the Member as its representative to the organization or for the activity.
12. ETHICAL DECISION MAKING
Members shall observe the highest standards of ethical conduct in dealing with the community and carrying out their official duties. In every action and decision, Members should avoid even the appearance of impropriety and are strongly encouraged to apply the guidelines for “Making Ethical Decisions” provided below.
12.1 Avoiding the Appearance of Impropriety.
12.1.1 Making Ethical Decisions.
Members are referred to Appendix “B” (Guidelines for Making Ethical Decisions) for the process Members are encouraged to utilize in making City related decisions.
12.1.2 Council Members May Need to Refrain From Participating.
Conflict-of-interest issues are complex and opaque to the public. Some situations are not “legal” conflicts of interest, but may nevertheless pose the “appearance of impropriety” to the public. In such situations, the Member should not participate in the matter.
12.1.3 Smell Test.
Council Members shall do an ethical “smell check” or “gut check” regarding the matter. What is your conscience telling you?
12.1.4 Assistance.
To assist in making a decision not to participate, Members should consult the Guidelines for Making Ethical Decisions (below), the City Attorney or the FPPC helpline, and/or their constituents.
12.2 Ethical Principles to Follow.
12.2.1 Be a Good Steward.
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Good stewardship of the public’s interest must be the Member’s primary concern.
12.2.2 The Common Good.
Members shall work for the common good of the citizens and not for any private gain, political advantage or personal interest.
12.2.3 Fairness and Equity.
Members shall treat all members of the public and issues before them in a fair and equitable manner.
12.2.4 Impartiality.
Members shall be independent of special interests and impartial in decision making.
12.2.5 Avoid Personal Interests.
Members are prohibited from using their official positions to influence decisions in which they have a personal financial interest, are members of an interested organization, or have a personal relationship that would be affected.
12.2.6 No Personal Gain.
Members shall not take advantage of, or use, public property and equipment, public services, confidential public information, public resources, or other opportunities afforded by their office, for personal gain.
12.2.7 Appearing Before Council.
Members shall not appear before the City Council or other City Board or Commission representing any private interest or community group.
Council Members are permitted to speak as a member of the public on any matter that affects them personally, but may not participate in the matter as a Member.
12.2.8 Gifts.
Members shall refrain from accepting gifts, favors or promises of future benefits that might compromise their independence, or the appearance that they are independent and unbiased.
12.2.9 Campaign Contributions.
As an integral part of running for an elective office, Members have a right to receive campaign contributions, to the extent and as allowed by law.
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Members should review and become familiar with the City’s local campaign contribution limitation.
12.2.10 Conflict where Campaign Contribution Received.
No Member shall not participate in any City decision or action where the Member has accepted a campaign contribution from any Contractor, Vendor or Developer that has a direct interest in the decision or action, within the past twelve (12) months unless the Member’s participation would be legally required pursuant to Section 18705 “Legally Required Participation” of the FPPC Regulations.
For the purposes of this section, "Contractor" and "Vendor" means any person or entity who has an existing contract, agreement, or other arrangement to provide the City with goods, services, or other items, or who has an interest in or expectation of obtaining such a contract, agreement or arrangement in the future. The terms “Contractor” and “Vendor” include agents and representatives of the Contractor or Vendor, and where the Contractor or Vendor is a business entity, includes all owners, principals, shareholders, partners (whether general or limited), members, officers, directors, and managers.
Example: Member A received a $250 campaign contribution from Contractor X during the most recent election eight (8) months ago. The City Council is now being asked to vote on an amendment to the agreement with Contractor X. Because Member A received a campaign contribution within the past twelve (12) months, Member A would be prohibited from participating in the decision on amending the contract.
For the purposes of this section, "Developer" means any person or entity who is currently seeking, or who has an interest in or expectation of seeking from the City a Specific Plan, Zone Change, Development Agreement, Density Bonus, Subdivision Tract Map, or a Conditional Use Permit for a sensitive use (i.e., adult business, massage parlor, etc.), or an industrial or commercial use having a building area of 20,000 square feet or more. "Developer" includes agents and representatives of the Developer, and where the Developer is a business entity, includes all owners, principals, shareholders, partners (whether general or limited), members, officers, directors, and managers.
Example: Member B received a $250 campaign contribution from Developer X during the most recent election ten (10) months ago. The City Council is now being asked to vote on Developer’s application to construct a 25,000 square foot distribution facility. Because Member B received a campaign contribution within the past twelve (12) months and because the facility is over 20,000 square feet in size, Member B would be prohibited from participating in the decision regarding the application.
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13. EFFICIENCY AND ACCOUNTABILITY
The City of Hemet operates under a council-manager form of government under which the Council’s role is to provide legislative direction, set City policy and monitor its implementation. The City Manager serves as the City’s administrative head and is responsible for directing the day-to-day operations of the City and for administering all City business.
13.1 Members Shall Not Interfere with Operations.
No Member of the City Council shall interfere with the execution by the City Manager of his/her powers and duties; nor shall any Member direct the City Manager to appoint or remove any officer or employee of the City. Except for the purpose of inquiry, no Council Member shall deal with the administrative services of City except by and through the City Manager; nor shall any Council Member give any order or direction to any subordinate officer or employee of City. This section shall not apply during a period of disaster proclaimed by the Governor or City Council in accordance with California law, when the normal functioning of the City’s government is not feasible based on the Circumstances.
13.2 Stay Out of Personnel Matters.
Members shall not interfere with the appointment, evaluation, discipline or removal by the City Manager of any Department Head or employee of the City.
13.2.1 Exception – City Attorney.
The City Attorney is hired, appointed, evaluated, and removed directly by the Council.
13.2.2 Exception – City Manager.
The City Manager is hired, appointed, evaluated and removed directly by the City Council.
13.3 Orders and Direction to Employees.
Only the City Manager may give orders and direction to City employees.
Members shall not direct the work or actions of City employees.
13.3.1 Requests for Information.
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All Members shall direct requests for information, research, or reports to the City Manager and applicable Department Head or his/her designee, and not to City Employees. If there is a legal question, it should be directed to the City Attorney. Questions regarding elections and disclosure statements may be addressed to the City Clerk.
13.3.2 Responses.
Responses to Member substantive information inquiries shall be provided to all Members of the same category (e.g., a response to a request by a Council Member shall be provided to all Council Members).
13.3.3 Notification.
Where the City Manager or Department Head provides general facts or information about the City, a program, or a City event to one Member, it should be provided to all Members of the same category.
13.4 Staff Liaisons to City Commissions / Committees and Outside Agencies.
Members serving as the City’s representative to a City Commission or Committee or to an outside agency may interact directly with the City employee assigned to that effort by the City Manager.
13.5 Operations and Service Levels.
Criticisms of City operations and service levels may be made only to the City Manager and not to City employees or Department Heads, unless first cleared through the City Manager or expressed in general during a Council meeting.
13.6 Political Solicitation and Activities.
Members shall not solicit political support from City employees (e.g., financial contributions, display of posters or lawn signs, name on support list, etc.).
Members shall not engage in political activities at City Hall or other City facilities.
This provision is not intended to impair the free exercise of federal and state constitutional and statutory rights by City employees.
14. INTERACTION OF MEMBERS
14.1 Mayor.
14.1.1 Honorary Presiding Officer.
The positions of Mayor is generally considered honorary and ceremonial, but also serves an important procedural role as the presiding officer at
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meetings of the City Council. Persons appointed to the position by a majority of the City Council serve at the pleasure of the City Council.
14.1.2 Maintain Order, Decorum and Procedure.
The Mayor is responsible for maintaining order and decorum of meetings and enforcing the City’s decorum rules where necessary. The Mayor is responsible for the order of business at meetings, the efficient flow of business during meetings, and for preserving the right of the public to be heard in an orderly fashion.
14.1.3 Ceremonial Head.
The Mayor is the ceremonial head of the City and signs all proclamations, officiates at all City functions, and welcomes visiting dignitaries.
14.1.4 Spokesperson.
The Mayor is the official spokesperson for the City and has the lead responsibility for communications with the press and public on official City business. The Mayor shall work on press releases and statements to the press with the City Manager and shall report the majority position adopted by the Council, and not his or her personal opinion on matters. This section shall not be construed to prevent the dissemination of information from the City Manager on factual matters related to the operation of the City (?).
14.2 At Public Meetings.
14.2.1 Follow Rules of Order, Decorum and Procedure.
Members shall adhere to the rules of order, decorum and procedure for the conduct of public meetings adopted by the City Council from time to time. Abiding by these rules will maintain civility and the orderly conduct of business.
14.2.2 Keep Conduct Professional.
Members shall conduct themselves in an orderly, professional, and business-like manner to ensure that the business of the City shall be attended to efficiently and thoroughly.
14.2.3 Professional Attire.
Members should wear professional and business-like attire at public meetings. The Mayor may allow business casual attire during the summer or for special events or occasions.
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14.2.4 Keep Comments on Topic.
Public meetings are to attend to and resolve City business. Members shall avoid being overly repetitious and shall endeavor to limit their comments to the subject matter at hand. Members are encouraged to fully express their views and to explore the views of others, but Members should also be mindful of avoiding lengthy or unproductive debates.
14.2.5 Ask Questions in Advance.
When preparing for public meetings, Members are encouraged to provide their questions far enough in advance to the City Manager or City Attorney so that meaningful information and responses can be shared at the meeting.
14.3 Relations with Fellow Members.
14.3.1 Civility.
Members shall always practice civility. By doing so, the Member helps the City to fulfill its potential by putting the common good ahead of personal rivalries or irritations. Civility is best fostered by a collective commitment to following established rules of procedure.
14.3.2 Team Spirit.
While Members may occasionally disagree, Members shall strive foster a collegiate or team-oriented environment among themselves.
14.3.3 Retreats, Goal Setting and Training.
To encourage a strong working relationship and communication, Members should have at least one retreat, goal setting session, and/or group training session each year.
14.3.4 Different Points of View.
Members shall exercise tolerance for the different opinions, perspectives, and points of view of their colleagues and shall recognize their right to express these views on matters of City business within the established rules of decorum and order of business.
14.3.5 Managing Conflict.
Members shall manage disagreement with civility and professionalism and shall not allow disagreement to turn into open conflict or hostility.
Members shall refrain from abusive conduct, personal charges or verbal
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attacks upon the character or motives of other Members, City employees and/or members of the public.
14.4 Public Communication and Appearance.
14.4.1 Personal versus City Positions.
It is an important part of each Member’s responsibility to communicate with the public. In communications regarding City business, it is important to distinguish a Member’s personal views and opinions and the adopted City position. When appearing before another governmental agency or organization, the Member shall clearly set forth the City’s official position, and then may express their own position.
a) Expressing Dissent.
Each Member has a right under the First Amendment to express their views and opinions, even if contrary to the official position of the City. However, Members shall express their dissenting views with tact and civility.
14.4.2 Use of Official Titles.
Members may use their official title only when conducting official City business, for informational purposes, or as an indication of background and expertise, after having carefully considered whether they are exceeding or appearing to exceed their authority.
14.4.3 Response to Public Communication.
Members are encouraged to respond promptly to letters, telephone calls and other communications received from members of the Public who have requested a response. Members are not required to respond to commercial solicitations or to anonymous, obnoxious, or harassing communications.
15. ENFORCEMENT
15.1 Member Responsibility.
Upon adoption of these Protocols and thereafter upon assuming office, each Member shall sign a statement affirming they read and understood these Protocols. Each Member is responsible for adhering to these Protocols, as well as the laws that comprise the basic legal framework for local government discussed in the first part of the Protocols.
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15.2 Council Authority.
Only the City Council has the authority, but not the legal obligation, to monitor each Member’s adherence to these Protocols and to take corrective action for violations, as provided below.
15.2.1 Training and Education.
The City Council shall sponsor periodic training opportunities for Members to become more familiar with the Protocols and the legal framework (See Appendix “A”).
15.2.2 Council Members.
Under California law, the Council does not have the legal authority to remove Members elected or appointed to the City Council or to otherwise deprive them of their office. However, as provided in Section 15.4, a majority of the Council Members may remove a Council Member from all Council honorary and/or ceremonial positions and ad-hoc and standing Committees, as well as from positions with other governmental agencies or other organizations they hold by virtue of appointment by the City Council.
15.3 Violation of Oath of Office or the Law.
All Members take an oath upon assuming office, pledging to uphold the Constitutions of the State of California and United States of America, laws of the City, and the statutes of the state and the federal government. In addition, Members commit to disclosing to the appropriate authorities and/or to the City Council any behavior or activity that may qualify as corruption, abuse, fraud, bribery or other violation of the law.
Constitutional and legal violations do not fall under these enforcement procedures and should rather be investigated and enforced under the appropriate civil or criminal proceedings by the appropriate authorities.
15.4 Violation of Protocols.
15.4.1 Complaint.
Where any person has substantial evidence that a Member has materially violated these Protocols, they may file a written statement with the City Clerk who shall then provide it to the City Council at the next regularly scheduled City Council meeting.
15.4.2 Enforcement.
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The City Council shall enforce these Protocols against Members utilizing the procedures outlined in the City of Hemet’s Admonition/Censure Policy, attached hereto as Appendix F.
16. FAILURE TO OBSERVE COUNCIL PROTOCOLS
These Protocols are adopted to expedite the transaction of the business of the Council in an orderly fashion and are procedural only and the failure to strictly observe such rules does not affect the jurisdiction of the Council or invalidate action taken at a meeting that is otherwise held in conformity with law. These Protocols shall not be construed as creating any private right of action with any person for their enforcement, enforcement of the Protocols rests exclusively with the City Council in their sound discretion.
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APPENDIX A – LEGAL FRAMEWORK & RESOURCES
1.0 Legal Framework
Law or Regulations Citation
California Laws
California Constitution Article XI §§ 2, 5, 7, & 11.
General City Authority
Ralph M. Brown Act Government Code §§ 54950 et seq.
Open Meeting Laws
California Public Records Act Government Code §§ 6250 et seq.
Public Records Disclosure
California Political Reform Act Government Code §§ 81000 et seq.
Conflicts, Disclosures & Campaigns
FPPC Regulations 2 Cal. Code Regs. §§ 18109 et seq.
Conflicts, Disclosures & Campaigns
Legally Required Participation2 Cal. Code Regs. § 18708 California Anti-Self Dealing Law Government Code §§ 1090 et seq.
Self Interest in Contracts
California Incompatibility of Office Law Government Code § 1126 & § 1099 Holding Two Public Offices
Hemet City Documents
City Municipal Code Chapter 2 “Administration”
City Council Rules of Order and Protocols
Reimbursement Policy
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2.0 Online Resources
Resource Web Address
State of California www.ca.gov/index.asp
Portal to State Websites
Official Cal. Legislative Information www.leginfo.gov
California Bills & Codes Online
Cal. Fair Political Practice Commission www.fppc.ca.gov Conflict of Interest Info
Cal. Attorney General https://oag.ca.gov
See AG Opinions
Cal. Senate www.senate.ca.gov
Bill Information Online
Cal. Secretary of State www.sos.ca.gov
Election Information
LA County Registrar–Recorder/County Clerk www.lavote.net Election Information
League of California Cities www.cacities.org
Municipal resources
Institute for Local Government www.ca-ilg.org
Municipal resources
Cal. Association of Joint Powers Authorities www.cajpa.org Risk Management & Training
Marrkula Institute for Applied Ethics www.scu.edu/ethics/practicing/decision Ethical Decision Making
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APPENDIX B – GUIDELINES FOR MAKING ETHICAL DECISIONS1
How to Make an Ethical Decision. When presented with an opportunity to participate in making a decision for the City, the City Official should:
A. Recognize whether an ethical issue is involved.
1. Will the decision result in damage or injury to people?
2. Is there a clear good or bad result?
3. Is the result compelled under the law or does it hinge on budgetary, efficiency, or other community concerns?
4. Ethical decisions are often not the easiest decision, nor the most popular.
B. Get the facts.
1.Read the staff report and get questions answered by the City Manager in advance.
2.Are there alternatives that would lead to better or worse results?
3.What are the viewpoints of the stakeholders? Are some more important than others?
4.Are there any unanticipated consequences?
C. Evaluate alternative actions. Which option will:
1.Produce the most good and do the least harm? (See The Markkula Center’s Utility Test.)
a.Identify the alternative actions that are possible and the persons and groups (the stakeholders) who will be affected by these actions.
b.For each of the most promising alternatives, determine the benefits and costs to each person or group affected.
c.Select the action in the current situation that produces the greatest benefits over costs for all affected.
1 From the Markkula Center for Applied Ethics at the University of Santa Clara, available at https://www.scu.edu/media/ethics-center/resources/making.pdf
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d.Ask what would happen if the action were a policy for all similar situations.
2.Best respect the rights of all who have a stake? (See The Markkula Center’s Rights Test.)
a.Identify the right being upheld or violated.
b.Explain why it deserves the status of a right.
c.Ask whether that right conflicts with the rights of others.
3.Treat people equally or proportionately? (See The Markkula Center’s Justice Test.)
a.What is the distribution of benefits and burdens? Is the distribution fair?
b.If disagreement persists over which outcome is fair, select a fair process to decide the issue.
4.Best serve the community as a whole? (See The Markkula Center’s Common Good Test.)
a.Identify what parts of the common good are involved.
b.Explain obligations to promote or protect the common good. c.Discern whether the proposed action conflicts with an obligation to promote or protect the common good.
5.Lead the City Official to act as the sort of person or official as they want to be? (See The Markkula Center’s Virtue Test.)
a.Will the action help to make you the kind of person you want to be?
b.Will the action fit the City’s reputation or vision of what it would like to be?
c.Will the action maintain the right balance between
excellence and success for the City?
D. Make a decision and test it.
1.Which approach best suits the situation and arrives at the most ethical decision?
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2.Which option is likely to be most respected by the Member’s colleagues and constituents?
E. Act and reflect on the outcome.
1. How can the decision be implemented to best reflect the intention and reasons for the decision?
2. What was the end result of the decision and what feedback has the City Official received?
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APPENDIX C – ROSENBERG’S RULES OF ORDER
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APPENDIX D – EXPENSE REIMBURSEMENT FOR CITY COUNCIL
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APPENDIX E – Procedural Rules for Quasi-Judicial Hearings Rule 1 - Hearing Procedures
1.01 The Mayor shall announce the agenda item number and state the subject of the agenda item. The Mayor shall then identify that the agenda item is a quasi- judicial hearing and announce that the hearing is open.
1.02 The Mayor shall direct the City Clerk to administer the following oath to any person that desires to testify before the City Council on the item:
"Any member of the public wishing to address this City Council on this item please stand and raise your right hand."
The City Clerk shall then administer the following oath:
"Do you solemnly affirm that the testimony you are about to give before the City Council will be the truth, the whole truth, and nothing but the truth? If so, please say 'I do."'
1.03 The Mayor shall then request that the members of the City Council disclose any communications they have had under Rule 6 or any item required to be disclosed under the Council Protocols.
1.04 The Mayor shall then invite the City Manager, or other appropriate City staff member, to report on the item including any recommendation that they might have. The City Manager, or other appropriate City staff member shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to report on the item.
1.05 The Mayor shall then ask members of the City Council if they have any questions for the City staff giving the report. At this point, the members of the City Council may ask clarifying questions to the City staff person who reported on the item and City staff shall be given a reasonable amount of time to respond.
1.06 The Mayor shall then invite the applicant or appellant, if any, to provide evidence and testimony on the item. The applicant or appellant shall have a reasonable amount of time, not to exceed fifteen (15) minutes, to provide evidence and testimony.
1.07 The Mayor shall then ask members of the City Council if they have any questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given time to respond.
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1.07 The Mayor shall then invite any members of the public to provide evidence and testimony on the item. The Mayor shall inquire as to whether the member of the public has been sworn in and request that they state their name and address for the record. Members of the public shall have a reasonable amount of time, not to exceed three (3) minutes, to provide evidence and testimony.
1.08 The Mayor shall then invite the applicant or appellant, if any, to provide any rebuttal evidence and testimony. The applicant or appellant shall have a reasonable amount of time, not to exceed five (5) minutes, to provide rebuttal evidence and testimony.
1.09 The Mayor shall then ask members of the City Council if they have any final questions for the applicant or appellant. At this point, the members of the City Council may ask clarifying questions to the appellant or applicant and they shall be given a reasonable amount of time to respond.
1.10 The Mayor shall then announce that the public hearing is closed and invite a motion for the City Council to consider. The Mayor shall announce the name of the member of the City Council who makes the motion. The Mayor shall then invite a second to the motion and announce the name of the member of the City Council who seconds the motion.
1.11 The Mayor shall then invite members of the City Council to discuss the motion. If there is no desired discussion, or after the discussion has ended, the Mayor shall then announce that the City Council will vote on the motion. If there has been no discussion or only brief discussion, the vote may proceed immediately. If there has been substantial discussion, the Mayor may ask the City Clerk to read the motion before the vote is taken.
1.12 The City Council shall memorialize the decision in writing and may instruct the City Manager to prepare a written decision for approval during a subsequent meeting of the City Council.
Rule 2 - Hearings Are Informal; Rules of Evidence
Quasi-judicial hearings before the City Council are intended to be informal in nature and accessible to members of the public. Formal rules of evidence and discovery do not apply.
Rule 3 - Records of Proceedings
The City Clerk shall record all quasi-judicial hearings by audio and/or video recording device, as available.
Rule 4 - Time Limits
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Notwithstanding the time limits contained in Rule 1 above, the Mayor shall give City staff providing the report on the item, the applicant or appellant bringing the matter before the City Council, and any other person with a direct interest in the decision sufficient time to provide evidence and testimony, and may, at the discretion of the Mayor, allow for additional time.
Rule 5 - Oaths; Identification
Any person wishing to provide testimony during a quasi-judicial hearing may do so without the oath described in these Rules being administered or providing their name and address. The City Council may determine both the weight and credibility given to unsworn or anonymous testimony.
Rule 6 – Communications
6.01 Members of the City Council may receive information relevant to the item through communications with any person prior to the hearing. These communications are known as "ex parte communications" and are substantive oral or written communications concerning quasi-judicial matters that occur outside of the quasi-judicial hearing. Such communications raise due process concerns for the parties involved in the hearing. When members of the City Council have had ex parte communications relevant to the quasi-judicial hearing, the Member of the City Council shall disclose the communication and the substance of the information received at the beginning of the hearing.
6.02 While the hearing is before the City Council, there shall be no communication, direct or indirect, regarding any issue in the proceeding, to the members of the City Council, without notice and an opportunity for all persons present at the hearing to participate in the communication.
6.03 Ex parte communications after the hearing has closed and before the final decision is rendered are prohibited because there is no opportunity for rebuttal.
Rule 7 – Attention
The Members of the City Council shall be attentive to the evidence and testimony being presented.
Rule 8 - Identification of Quasi-Judicial Matters on the Agenda The City Manager, in consultation with the City Attorney, will identify agenda items involving quasi-judicial decisions on the agenda for the City Council with reference given to these Rules. This identification is intended to inform the City Council, interested parties, and the public that these Rules will apply to the item, but the failure to identify an item shall not be cause for continuance.
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APPENDIX F – ADMONITION/CENSURE POLICY
CITY OF HEMET
ADMONITION/CENSURE POLICY
I. Purpose
This policy applies the elected officials of the City of Hemet and concerns conduct offensive to the laws, regulations, rules, and norms governing ethical, effective, and transparent government. Any action taken by the City Council under this policy shall be a final action and is not subject to an appeal or reconsideration.
II. Policy
It is the policy of the Council that all elected officials of the City shall perform their duties in an ethical and lawful manner that furthers the public interest.
Actions counter to these principals undermines the effectiveness of the City government as a whole and foster distrust from the public.
The Council therefore determines that it may take action to admonish or censure any elected official of the City, by the affirmative votes of a majority of the members of the Council for any of the following (“Violations”):
A. Conviction of, or plea of guilty or nolo contendre to, any crime or offense (other than minor traffic violations or similar offenses) which is likely to have a material adverse impact on the City’s or elected official’s reputation;
B. Failure of the elected official to observe or perform any of his or her duties and obligations, or failure to follow the provisions of state law or City ordinance or policy, when such failure continues for a period of thirty (30) days from the date of his or her receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure; C. Conviction of any crime involving an “abuse of office or position,” as that term is defined in Government Code Section 53243.4;
D. Any action or inaction by the elected official that materially and adversely: (a) impedes or disrupts the operations of City or its organizational units; (b) is detrimental to employees or
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public safety; or (c) violates City’s properly established rules or procedures.
Depending on the circumstances of alleged violations, the Council may initiate an investigation of the allegations prior to the filing of a request for any of the actions described in this policy. An investigation, however, is not required.
Nothing in this policy shall preclude individual elected officials from making public statements regarding such alleged conduct. While the Council has broad discretion in deciding certain actions it may choose to take for violations of the above, which would not require the Council to adopt policy, including but not limited to voting to remove a elected official from a Committee or Board, a vote of no confidence in a particular elected official, or reassignment of duties as authorized by state law, this policy provides definitions and procedures related to two types of actions: admonition and censure.
III. Admonition
An admonition of an elected official is informal in nature. An admonition may be issued in response to a particular alleged Violation and may be issued by the Council without any findings of fact regarding allegations. As an admonition it is by its nature a warning or reminder, the Council is not required to conduct an investigation or separate hearings to determine whether the allegation is true. The Council recognizes the right to criticize is protected by the First Amendment, and that the Council may do so as a body.
IV. Censure
Censure is an official reprimand or condemnation made by Council in response to specified conduct by an elected official of the City. Censure is disciplinary in nature and requires the formal adoption of a resolution setting forth the elected official’s alleged Violation(s). Although not required, censure could involve an investigation and it must protect the due process rights of the elected official being investigated. Censure carries no fine or suspension of the rights of the elected official.
V. Procedure
A.Admonition. The Council may determine, by a vote of a majority of its members, to make an informal admonition at any Council meeting during the Reports of Councilmembers portion of the meeting. The Councilmember moving the informal admonition must state on the record the basis for the informal admonition, including the alleged Violation(s). After receiving the motion, the Presiding Officer shall ask
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for a second. If no second is received, the motion shall not be considered. If a second to the motion to admonish is received, the City Council shall, after discussion and public comment, vote on whether to make the informal admonition.
The vote on the informal admonition shall then be entered into the minutes by the City Clerk and shall state the following:
1. The name of the elected official admonished and the
particular type of behavior that is alleged to be Violation(s); and
2. Any direction given to the elected official to correct the behavior that is alleged to be Violation(s).
B.Censure. The Council may, as part of a public hearing item placed on the agenda at a regular meeting of the Council, discuss and take action on to formally censure an elected official. The City Clerk shall provide a formal notice of the public hearing to the elected official who is the subject of the potential censure. The notice shall contain the specific allegations and/or charges on which the proposed censure is based and the date and time that the matter will be heard. At the hearing, the Councilmembers who requested the hearing shall have a cumulative total time of no more than 10 minutes to state the reason(s) they are requesting the censure, and the elected official who is the subject of the action shall have up to 10 minutes to respond. Following the hearing, the Council may take action by a majority vote of its members setting forth its findings and decision.
The Council may direct the City Attorney to prepare for adoption at the next regularly scheduled Council meeting, a resolution of censure that clearly sets forth the facts supporting the allegations of misconduct giving rise to the censure. A resolution of censure may include the imposition of such actions against the elected official that are permitted by law, such as removal from a Committee or Board, a vote of no confidence in a particular elected official, or reassignment of duties as authorized by state law.
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City of HemetCalifornia
P roclamation
Arbor Day
WHEREAS, In 1872, J. Sterling Morton proposed to the Nebraska Board ofAgriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with theplanting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and theworld; and WHEREAS, trees can reduce the erosion of our precious topsoil by windandwater, cut heating and cooling costs, moderate the temperature, cleanthe air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for ourhomes, fuel for our fires and countless other wood products; and WHEREAS, trees in our city increase property values, enhance theeconomic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy andspiritual renewal.
THEREFORE, Malcolm Lilienthal, Mayor of Hemet, along with the HemetCity Council, do hereby proclaim April 29, 2022 as:
Arbor Day
in the City of Hemet and urge all citizens and civic organizations tobecome engaged in our community's joint efforts to maintain andimprove our natural resources.
Presented April 26, 2022
Malcolm Lilienthal, Mayor
Karlee Meyer, Mayor Pro Tem
Russ Brown, Council Member
Linda Krupa, Council Member
Joe Males, Council Member
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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
Ericka Murphy, Assistant to the City Manager;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Highlight Reel of Recent Accomplishments in Hemet
RECOMMENDED ACTION:
No action requested.
BACKGROUND:
This recurring agenda item is meant to inform the Council and community on various accomplishments Hemet staff have made.
DISCUSSION:
In an attempt to highlight the City team's milestones and accomplishments, staff d eveloped a one - minute highlight reel that we'd like to share periodically at Council Meetings.
Staff is hopeful that these periodic videos will encourage both the Hemet team and the community to continue the hard work.
See the video here: https://youtu.be/x2AE8jTIbQk
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.
This action aligns with Council adopted objectives: deliver messaging to the community that connects, is consistent, and relevant; increase transparency for the public; and: increase the community's pride within the City. It aligns with action item: develop bi-monthly video updates for the community.
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FISCAL IMPACT:
There is no fiscal impact.
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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
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Approval of the Regular City Council Meeting Minutes of February 22, 2022, the Regular City Council Meeting Minutes of March 8, 2022, and the Regular City Council Meeting Minutes of March 22, 2022
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the Regular City Council Meeting Minutes of February 22, 2022, the Regular City Council Meeting Minutes of March 8, 2022, and the Regular City Council Meeting Minutes of March 22, 2022.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 2: Increase transparency for the public.
ATTACHMENT(S):
Attachment 1: City Council Meeting - Feb 22 2022 - Minutes Attachment 2: City Council Meeting - Mar 08 2022 - Minutes Attachment 3: City Council Meeting - Mar 22 2022 - Minutes
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MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, February 22, 2022
CLOSED SESSION – 6:00 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:01 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.
2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal
Absent:
Staff Present: City Manager Lopez
Interim City Attorney Graham
City Clerk Maier
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.
Council recessed into Closed Session at 6:02 p.m.
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City Council Meeting
February 22, 2022
4. DISCUSSION ITEMS
4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Christopher Lopez, City Manager Employee Organization: HMMA, HFFA, HPMA, and HPOA
4.B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (1)
5. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 7:00 p.m.
REGULAR MEETING - 7:00 P.M.
6. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:04 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.
7. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal
Absent:
Staff Present: City Manager Lopez
Interim City Attorney Graham
City Clerk Maier
8. INVOCATION
Invocation was given by Terry Larned.
9. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Males.
10. CITY ATTORNEY CLOSED SESSION REPORT
10.A City Attorney’s Report regarding Closed Session
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City Council Meeting
February 22, 2022
Action: Interim City Attorney Graham stated settlement direction was provided for Item 4.B, CARRIED 5-0, from the 6:00 p.m. Closed Session. Interim City Attorney Graham stated there were no other reportable actions.
11. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, there were five speakers: Sue Savage, Ann Smith, Jerrianne Franklin, Pat Gregory, and Marianne Derouin.
12. PRESENTATIONS
12.A Highlight Reel of Recent Accomplishments in Hemet
City Manager presented the Highlight Reel of Recent Accomplishments in Hemet.
13. PUBLIC HEARINGS
13.A Conduct a Public Hearing and Receive Direction Regarding the Redistricting Process for the City of Hemet City Council Boundaries
Mayor Lilienthal opened the Public Hearing.
Mayor Lilienthal closed the Public Hearing.
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve Option 1: The City’s current district boundaries and re-adopt the existing district boundaries following the required public hearings, continue the City’s Redistricting process, and direct the City’s redistricting consultant to draw draft map(s), considering majority/minority voting districts.*
*This Public Hearing was taken at 8:00 p.m., as noticed in the Public Hearing Notice.
13.B An Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code Second Story Design Criteria for Residential Construction
Mayor Lilienthal opened the Public Hearing.
Terry Larned spoke about development plans for new homes at the property behind his house; expressed concerns, highlighting that the property is in San Jacinto and residents should be involved in the discussion; and urged the City Council to assist in the matter.
Mayor Lilienthal closed the Public Hearing.
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL BROWN, CARRIED 5-0, to:
1. Open a public hearing and take testimony, if any; and
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City Council Meeting
February 22, 2022
2. Introduce, read by title only, and waive further reading of an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code Second Story Design Criteria for Residential Construction, as amended to include the following additional Section (3) (f) For the purposes of this section, the term "adjacent to a single-story home" shall mean property that shares a boundary with, including at a point, any property that contains an existing single-story structure zoned and used for residential purposes.
Council Member Brown requested that staff help facilitate better communication with the City of San Jacinto related to Mr. Larned’s comments.
13.C An Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code for Outdoor Seating Parklets for Restaurants, Including Design Criteria Mayor Lilienthal opened the Public Hearing.
Mayor Lilienthal closed the Public Hearing.
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to:
1. Open a public hearing and take testimony, if any; and
2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code for Outdoor Seating Parklets for Restaurants, Including Design Criteria.
13.D An Ordinance of the City Council of the City of Hemet, California, Approving Zone Change 21-004, Amending the Official Zoning Map to Change the Zone District Designations of Thirty-Three (33) Parcels Totaling 25.06 Acres, to Change the Office Professional (OP) and General Commercial (C-2) Zones to the Multiple Family (R-3) Zone
Mayor Lilienthal opened the Public Hearing.
Mitch Slagerman spoke in support of staff’s recommendation.
Mayor Lilienthal closed the Public Hearing.
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to:
1. Open a public hearing and take testimony, if any; and
2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Approving Zone Change 21-004 Amending the Hemet City
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City Council Meeting
February 22, 2022
Zoning Map to Change the Zone District designations for thirty-three (33) parcels totaling 25.06 acres to change the Office Professional (OP) and General Commercial (C-2) zones to the Multiple Family (R-3) Zone. (State Street Corridor); and
3. Adopt a Resolution of the City Council of the City of Hemet, California, Adopting A Negative Declaration (Nd) (State Clearinghouse No. 2021120350); For Change of Zone No. (ZC 21-004), Amending the Official Zoning District Designations of Thirty-Four (33) Parcels Totaling 25.06 Acres to Change the Existing Zoning On Properties West Of State Street From Professional Office (Op) to Multiple Family Residential (R-3) North of Oakland Avenue, and From General Commercial (C-2) Between Oakland Avenue and Menlo Avenue to Multiple Family Residential (R-3).
13.E An Ordinance of the City Council of the City of Hemet, California, Specific Plan Amendment No. 22-001 Amending the Downtown Specific Plan (SP 16-001) on 360+ Acres located Between Gilbert Street on the West, Oakland Avenue on the North, Santa Fe Street on the East and Acacia Avenue on the South (APN Various)
Mayor Lilienthal opened the Public Hearing.
Mayor Lilienthal closed the Public Hearing.
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to:
1. Open a public hearing and take testimony, if any; and
2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Specific Plan Amendment 22-001 Amending the Downtown Specific Plan (SP 16-001) on 360+ Acres Located Between Gilbert Street on the West, Oakland Avenue on the North, Santa Fe Street on the East and Acacia Avenue on the South (APN Various); as amended restricting the approval for only Section C, the Gilbert Property, incorporate additional communication to the surrounding businesses, and bring the additional properties for future consideration.
14. RECEIVE AND FILE
14.A FY2020/2021 Annual Comprehensive Financial Report
Action: By consensus, the City Council received and filed the Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2021.
Council Member Males wanted to note for the record that vehicles purchased with Measure U funds will be labeled with a funded by Measure U Funds sticker.
15. CONSENT CALENDAR
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to approve the Consent Calendar, with the removal of Item 15.B for separate consideration.
14.A
City Council Meeting
February 22, 2022
15.A A Resolution of the City Council of the City of Hemet, California, Authorizing the Submission of the SB1383 Local Assistance Grant Application to Cal Recycle in the amount of $111,882.00 and Authorize the City Manager to Execute all Related Documents Necessary to Obtain the Grant Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-030 of the City Council of the City of Hemet, California, authorizing the submission of the SB1383 Local Assistance Grant Application to Cal Recycle in the amount of $111,882.00 and authorize the City Manager to execute all related documents necessary to obtain the grant.
15.B A Resolution of the City Council of the City of Hemet, California, Authorizing the Submission of the SB619 Notice of Intent to Comply with SB1383 Requirements and Authorizing the City Manager to Execute all Related Documents Necessary to Support the Submission of the Notice to CalRecycle by March 1, 2022
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-031 of the City Council of the City of Hemet, California, Authorizing the Submission of the SB619 Notice of Intent to Comply with SB1383 Requirements and Authorizing the City Manager to Execute all Related Documents Necessary to Support the Submission of the Notice to CalRecycles by March 1, 2022, as amended to include additional Whereas, that the city objects to the imposition of fines for local agencies under SB1383, based off of broad mandates from the State legislature.
15.C A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Two (2) Fully Outfitted 2022, Ford Utility RWD for the Total Amount of $124,141.33 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract# 091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-032 of the City Council of the City of Hemet, California, Awarding the Purchase of Two (2) Fully Outfitted 2022, Ford Utility RWD for the Total Amount of $124,141.33 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract# 091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement.
16. DISCUSSION - ACTION ITEMS
16.A Discussion of the Taxpayer Protection and Government Accountability Act Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-1 (MAYOR PRO TEM MEYER VOTING NO), to direct staff to bring a
14.A
City Council Meeting
February 22, 2022
Resolution to the City Council at the first meeting in March 2022 to oppose AG# 21-0042A1, the Taxpayer Protection and Government Accountability Act.
MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR LILIENTHAL, to continue the meeting past 10:00 p.m.
16.B A Resolution of the City Council of the City of Hemet, California, Adopting a Policy on Admonishment and Censure of Elected Officials of the City of Hemet Action: MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-033 of the City Council of the City of Hemet, California, adopting a Policy on Admonishment and Censure of Elected Officials of the City of Hemet.
16.C Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Pension and Other Post Employment Benefits Rate Stabilization Policy
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-1 (MAYOR PRO TEM MEYER VOTING NO), to adopt Resolution 2022- 034 of the City Council of the City of Hemet, California, approving a Pension and Other Post Employment Benefits Rate Stabilization Policy, approving Option A: establishing annual contributions to include a contribution of 15% of a given year’s surplus to fund the Pension Trust from all eligible City Funds, and amending verbiage in the Policy that use the word shall to may.
16. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, Mayor Pro Tem Meyer, and Mayor Lilienthal gave reports.
17. FUTURE AGENDA ITEMS
Mayor Meyer asked Council if there were any requests for Future Agenda Items: MOTION BY MAYOR LILIENTHAL, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to add a Traffic Study at Myer, Warren, and Devonshire to the list of future items.
18. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 10:47 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on March 8, 2022.
APPROVAL: ATTEST:
_______________________________
Mayor Lilienthal
_____________________________
John Paul Maier, MMC
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City Council Meeting
February 22, 2022
City Clerk
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MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, March 8, 2022
CLOSED SESSION – 5:00 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Meyer presiding.
2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal
Absent:
Staff Present: City Manager Lopez
City Attorney Graham
City Clerk Maier
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.
Council recessed into Closed Session at 6:01 p.m.
4. DISCUSSION ITEMS
4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Christopher Lopez, City Manager Employee Organization: HMMA, HFFA, HPMA, and HPOA
4.B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section
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City Council Meeting
March 8, 2022
54956.9
Number of Cases (1)
Interim City Attorney Graham requested to add one item of to the agenda and noted that this item came to the attention of the City after the posting of the agenda. MOTION MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to add the Mariah Hereford, et al. v. City of Hemet, et al. USDC Case No. 5.22 cv394.
4.C CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Mariah Hereford, et al. v. City of Hemet, et al.
USDC Case No. 5:22 cv 394
5. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 6:00 PM.
6. WORK STUDY SESSION - 6:00 P.M.
6.A A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
Action: The City Council continued the discussion to the next Regular Scheduled City Council Meeting.
Mayor Lilienthal recessed the meeting at 6:54 p.m.
REGULAR MEETING - 7:00 P.M.
7. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.
8. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal
Absent:
Staff Present: City Manager Lopez
City Attorney Graham
City Clerk Maier
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9. INVOCATION
Invocation was given by Mayor Pro Tem Meyer.
10. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Brown.
11. CITY ATTORNEY CLOSED SESSION REPORT
11.A City Attorney’s Report regarding Closed Session
Action: Interim City Attorney Graham stated there were no reportable actions from the 6:00 p.m. Closed Session.
12. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, the following citizen spoke: Jessica Munoz, Pat Gregory, Marianne Derouin, Norm Kyriss, Terry Larned, Larry Graves, and Dennis Fletcher.
13. PRESENTATIONS
13.A Youth Art Month Proclamation
Mayor Lilienthal presented the proclamation.
13.B Red Cross Month Proclamation
Council Member Brown presented the proclamation.
14. PUBLIC HEARING
14.A An Ordinance of the City Council of the City of Hemet, California, Amending Section 2-45 of Article II (City Council) of Chapter 2 (Administration) of the Hemet Municipal Code Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirmed such revised Council District Boundaries
Mayor Lilienthal opened the Public Hearing.
Karen Borja, requested that any map presented to the City Council should comply with the FAIR Maps Act and the California Voting Rights Act. Additionally, one e-comment was submitted by Ms. Borja on March 8, 2022 at 2:41 p.m.
Henry Castillo of Best Best & Krieger responded to public inquiry, stated that in review of the District boundaries such maps were not feasible without losing the integrity of the districts due to the population distribution and while complying with the other governing principles of redistricting. Mr. Castillo further noted that the City has maintained compliance in the Hearing
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process and allowed for additional participation, notably an additional Community Work Shop held on Saturday, February 12, 2022, and added that no translation services were requested during the duration of the redistricting process.
Mayor Lilienthal closed the Public Hearing.
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to select Option 1: Map A, consideration of retaining Boundary Map and introduce an Ordinance entitled: An Ordinance of the City Council of the City of Hemet, California, Amending Section 2-45 of Article II (City Council) of Chapter 2 (Administration) of the Hemet Municipal Code Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirmed such revised Council District Boundaries.
15. RECEIVE AND FILE
15.A The City of Hemet Warrant Registers Dated January 27, 2022, in the amount of $2,063,018.25 and February 10, 2022, in the amount of $1,947,779.70. The Payroll Periods of January 10, 2022 - January 23, 2022, in the amount of $742,277.61 and January 24, 2022 - February 6, 2022, in the amount of $691,002.88.
Action: By consensus, the City Council received and filed the City of Hemet Warrant Registers.
15.B Measure U Citizen Oversight Committee Letter of Support Action: By consensus, the City Council received and filed the Letter of Support of Measure U fund usage from the Measure U Citizen Oversight Committee.
16. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve the Consent Calendar, with the removal of Item 16.O for separate consideration.
16.A Approval of the Regular City Council Meeting Minutes of February 8, 2022 Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve the Regular City Council Meeting Minutes of February 8, 2022.
16.B Second Reading and Adoption of Ordinance 1992, an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code Second Story Design Criteria for Residential Construction
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to waive full reading and adopt by title only Ordinance 1992, an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90
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(Zoning) of the Hemet Municipal Code Second Story Design Criteria for Residential Construction.
16.C Second Reading and Adoption of Ordinance 1993, an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code for Outdoor Seating Parklets for Restaurants, Including Design Criteria.
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to waive full reading and adopt by title only Ordinance 1993, an Ordinance of the City Council of the City of Hemet, California, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code for Outdoor Seating Parklets for Restaurants, Including Design Criteria
16.D Second Reading and Adoption of Ordinance 1994, an Ordinance of the City Council of the City of Hemet, California, Approving Zone Change 21-004 Amending The Official Zoning Map To Change The Zone District Designations Of Seven (7) Parcels Totaling 7.79 Acres To Change The Office Professional (OP) Zone To The Multiple Family (R-3) Zone
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to waive full reading and adopt by title only Ordinance 1994, an Ordinance of the City Council of the City of Hemet, California, Approving Zone Change 21-004 Amending The Official Zoning Map To Change The Zone District Designations Of Seven (7) Parcels Totaling 7.79 Acres To Change The Office Professional (Op) Zone To The Multiple Family (R- 3) Zone.
16.E Second Reading and Adoption of Ordinance 1995, an Ordinance Of City Council Of The City Of Hemet, California, Specific Plan Amendment 22-001 Amending The Downtown Specific Plan (Sp 16-001) Zoning Map To Change The Zone District Designation Of One (1) Parcel Totaling 0.51 Acres From Institutional (I) To Downtown Commercial (Dc), Located On The East Side Of Gilbert Avenue, North Of Kimball Avenue
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to waive full reading and adopt by title only Ordinance 1995, an Ordinance of City Council of the City of Hemet, California, Specific Plan Amendment 22-001 Amending the Downtown Specific Plan (SP 16-001) Zoning Map to Change the Zone District Designation of One (1) Parcel Totaling 0.51 Acres From Institutional (I) to Downtown Commercial (DC), Located on the East Side of Gilbert Avenue, North of Kimball Avenue.
16.F A Resolution of the City Council of the City of Hemet, California, Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act
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Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-035 of the City Council of the City of Hemet, California, Opposing Initiative 21-0042A1, the Taxpayer Protection and Government Accountability Act.
16.G Monthly Investment Reports from November 2020 to January 2022 Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to receive and file 15 monthly Investment Reports for the period from November 2020 to January 2022.
16.H A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Two Fire Apparatus from KME Rev Group in the Amount of $1,726,292.76, and Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $863,146.38 to Account #115-3241-5400 for the Purchase, and Authorizing the City Manager to Execute All Documents Regarding the Purchase Order
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-036 of the City Council of the City of Hemet, California, Awarding the Purchase of Two Fire Apparatus from KME Rev Group in the Amount of $1,726,292.76, and Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $863,146.38 to Account #115-3241-5400 for the Purchase, and Authorizing the City Manager to Execute All Documents Regarding the Purchase Order.
16.I A Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to Agreement for Services Between the City of Hemet and Harris & Associates, Inc. Changing the Total Not-to-Exceed Compensation Amount for Option Year One from $267,904.52 to $289,071.00 and Option Year Two from $338,262.61 to $381,018.90 and Amending Exhibit B which Contains the District List to Add CFD 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe) and Authorizing the City Manager to Execute the Amendment and Purchase Orders in Support of the Amendment
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-037 of the City Council of the City of Hemet, California, approving the First Amendment to Agreement for Services between the City of Hemet and Harris & Associates, Inc., changing the total not-to-exceed compensation amount for Option Year One from $267,904.52 to $289,071.00 and Option Year Two from $338,262.61 to $381,018.90, and amending Exhibit B which contains the District List to add CFD 2019-01 (McSweeny), CFD 2021-01 (Saddle Point) and CFD 2021-02 (Heritage Pointe), and authorizing the City Manager to execute the Amendment and purchase orders in support of the Amendment.
16.J A Resolution of the City Council of the City of Hemet, California, Awarding
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Wheeler Paving, Inc. the 2021/22 SB1 Pavement Rehabilitation Project, CIP 5727, in the Amount of $1,283,386.25, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed $128,000, which is approximately 10% of the contract amount, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to Resolution 2022-038 of the City Council of the City of Hemet, California, Awarding Wheeler Paving, Inc. the 2021/22 SB1 Pavement Rehabilitation Project, CIP 5727, in the Amount of $1,283,386.25, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed $128,000, which is approximately 10% of the contract amount, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.
16.K A Resolution of the City Council of the City of Hemet, California, Rejecting the Low Bidder’s, Horizons Construction Co. Int’l, Inc., Bid Proposal for the 2021/22 Citywide Slurry Seal Project, CIP 5725, Awarding American Asphalt South, Inc. the 2021/22 Citywide Slurry Seal project, CIP 5725, in the Amount of $409,245, and Waiving any Minor Bid Irregularities, and Authorizing the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed $41,000, which is approximately 10% of the contract amount, and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-039 of the City Council of the City of Hemet, California, Rejecting the Low Bidder’s, Horizons Construction Co. Int’l, Inc., Bid Proposal for the 2021/22 Citywide Slurry Seal Project, CIP 5725, Awarding American Asphalt South, Inc. the 2021/22 Citywide Slurry Seal project, CIP 5725, in the Amount of $409,245, and Waiving any Minor Bid Irregularities, and Authorizing the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed $41,000, which is approximately 10% of the contract amount, and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.
16.L A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Utilize Robert Half International on an As-Needed Basis for a Two-Year Term and Authorizing the City Manager to Execute all Contracts and Purchase Orders in Support of Temporary Staffing Agency Services Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-040 of the City Council of the City of Hemet, California, authorizing the City Manager to utilize Robert Half International on an as-needed basis for a two-year term and authorizing the City Manager to execute all contracts and purchase orders in support of temporary staffing agency services.
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16.M A Resolution of the City Council of the City of Hemet, California, Approving a Landscape Maintenance Agreement within State of California Highway Right of Way Located on State Route 74 within the City of Hemet in the Final Form and Format as Approved by the City Attorney, and Authorize the Mayor and City Manager to Take all Actions Necessary to Implement the Agreement with the State of California
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-041 of the City Council of the City of Hemet, California, Approving a Landscape Maintenance Agreement within State of California Highway Right Of Way located on State Route 74 within the City of Hemet in the final form and format as approved by the City Attorney, and authorize the Mayor and City Manager to take all actions necessary to implement the Agreement with the State of California.
16.N A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the Hemet Police Officers Association (HPOA) and authorize the Finance Director to record a supplemental appropriation in the amount of $622,045 for FY 2021- 2022 in support of the Memorandum of Understanding
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-042 of the City Council of the City of Hemet, California, authorizing the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Hemet Police Officers Association (HPOA) for the three-year period of July 1, 2021 through June 30, 2024 and authorize the Finance Director to record a supplemental appropriation in the amount of $622,045 for FY 2021-2022 in support of the Memorandum of Understanding.
16.O A Resolution of the City Council of the City of Hemet, California, Approving an Agreement with Lynn Merrill and Associates, Inc. for Public Works Administration and Operational Support for FY2021-FY2024 Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to adopt Resolution 2022-043 of the City Council of the City of Hemet, California, approving an agreement with Lynn Merrill and Associates, Inc. for Public Works administration and operational support for FY2021-FY2024.
17. DISCUSSION - ACTION ITEMS
17.A A Resolution of the City Council of the City of Hemet, California, Approving the Application for the State Department of Parks and Recreation Proposition 68 Per Capita Grant Funds in the Amount of $229,752 and Authorize the City Manager to Execute All Documents in Relation to the Application Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-044 of the City Council of the City of
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Hemet, California, approving the application for the State Department of Parks and Recreation Proposition 68 Per Capita Grant Funds in the amount of $229,752 and authorize the City Manager to execute all documents in relation to the application.
17.B Consideration of Allocations for 2022-2023 Program Year Community Development Block Grant
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to review and discuss the City Council Ad Hoc Committee's recommendation allocations of $878,386 in 2022-2023 Community Development Block Grant (CDBG) funding.
18. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, Mayor Pro Tem Meyer, and Mayor Lilienthal gave reports.
17. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items; no changes were made.
18. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 9:17 p.m. The next Regular City Council Meeting will be at 6:00 p.m. on March 22, 2022.
APPROVAL: ATTEST:
_______________________________
Mayor Lilienthal
_____________________________
John Paul Maier, MMC
City Clerk
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MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, March 22, 2022
CLOSED SESSION - 5:00 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:06 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.
2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Lilienthal
Absent: Mayor Pro Tem Meyer
Staff Present: City Manager Lopez
Interim City Attorney Graham
City Clerk Maier
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.
Council recessed into Closed Session at 6:07 p.m.
4. DISCUSSION ITEMS
4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Christopher Lopez, City Manager Employee Organization: HMMA, HFFA, HNSPEA, and HPMA
4.B CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
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Mariah Hereford, et al. v. City of Hemet, et al.
USDC Case No. 5:22 cv 394
5. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 7:00PM.
6. WORK STUDY SESSION - 6:00 P.M.
6.A A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
Action: By consensus, the City Council continued the discussion of the Work Study to April 12, 2022.
1. Receive the report on the Council Protocols from the Council Protocols Ad-Hoc Committee with assistance from the City Manager and City Attorney;
2. Review, discuss, and revise the Council Protocols as the Council deems appropriate;
3. Adopt a Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols, as amended if applicable.
REGULAR MEETING - 7:00 P.M.
7. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:03 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.
8. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Lilienthal
Absent: Mayor Pro Tem Meyer
Staff Present: City Manager Lopez
Interim City Attorney Graham
City Clerk Maier
MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER), to excuse the absence of Mayor Pro Tem Meyer.
9. INVOCATION
Invocation was given by Officer Reynoso.
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10. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Norm Kyriss.
11. CITY ATTORNEY CLOSED SESSION REPORT
11.A City Attorney’s Report regarding Closed Session
Action: Interim City Attorney Graham stated there were no reportable actions from the 6:00 p.m. Closed Session.
12. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, the following citizen spoke Dennis Fletcher and Terry Larned. One e-comment was received by Robert Betancourt Jr.
13. PRESENTATIONS
13.A Women's History Month Proclamation 2022
13.B Reality Rally 2022 Video Presentation
13.C Highlight Reel of Recent Accomplishments in Hemet
13.D My Water Advisor 2.0 Customer Engagement Kick Off
The City Council received a presentation regarding the My Water Advisor 2.0 in order to promote use of the program among the community.
14. PUBLIC HEARING
14.A An Ordinance of the City Council of the City of Hemet, California, Amending Division 3, "Water Conservation Plan," of the City's Municipal Code Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to open a public hearing and take testimony, if any; and waive full reading, read by title only, and introduce an Ordinance No. 1997 of the City Council of the City of Hemet, California, Amending Division 3, "Water Conservation Plan," of the City's Municipal Code.
15. RECEIVE AND FILE
15.A Investment Report for February 2022
Action: By consensus, the City Council received and filed the Investment Report for February 2022.
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15.B Update to Council regarding the Water Shut-Off Moratorium Action: By consensus, the City Council received and filed an update regarding the Water Shut- Off Moratorium.
16. CONSENT CALENDAR
MOTION BY COUNCIL MEMBER BROWN, SECOND BY KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to approve the consent calendar.
16.A Second Reading and Adoption of Ordinance 1996, an Ordinance of the City Council of the City of Hemet, California, Amending Section 2-45 of Article II (City Council) of Chapter 2 (Administration) of the Hemet Municipal Code Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirmed such revised Council District Boundaries Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to waive full reading and adopt by title only Ordinance 1996, an Ordinance of the City Council of the City of Hemet, California, Amending Section 2- 45 of Article II (City Council) of Chapter 2 (Administration) of the Hemet Municipal Code Regarding By-District Elections, Adjusting the Boundaries of City Council Election Districts and Confirmed such revised Council District Boundaries.
16.B Consideration of a Letter of Support for Assembly Bill 1599, a Measure to Repeal Proposition 47
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to approve a letter of support to Assembly Bill 1599, a measure to repeal Proposition 47.
16.C A Resolution of the City Council of the City of Hemet, California, Accepting the Growth Allocation for FY20-21 State COPS Supplemental Law Enforcement Services Account (SLESA) in the amount of $79,294.91, and authorizing the finance department to increase budget in the established revenue and expenditure accounts by the amount of $79,294.91.
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt Resolution 2022-045 of the City Council of the City of Hemet, California, Accepting the Growth Allocation for FY20-21 State Citizen's Option for Public Safety (COPS) Supplemental Law Enforcement Services Account (SLESA) in the Amount of $79,294.91, and Authorizing the Finance Department to Increase Budget in the Established Revenue and Expenditure Accounts by the Amount of $79,294.91.
16.D A Resolution of the City Council of the City of Hemet, California, Awarding an Additional Services Agreement which will add an additional Twenty (20) Flock Safety Cameras and One (1) Raven Audio-Detection Device for $83,500.00
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from Flock Safety and Authorizing the City Manager to Execute the Additional Services Agreement and Purchase Orders in Support of the Additional Services Agreement
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt Resolution 2022-046 of the City Council of the City of Hemet, California, Awarding an Additional Services Agreement which will add an additional Twenty (20) Flock Safety Cameras and One (1) Raven Audio-Detection Device for $83,500.00 from Flock Safety and Authorizing the City Manager to Execute the Additional Services Agreement and Purchase Orders in Support of the Additional Services Agreement.
16.E A Resolution of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map 36892, Located at Southeast Corner of Thornton Avenue and Elk Street (D.R. Horton Los Angeles Holding Company, Inc.)
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt Resolution 2022-047 of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement, Improvement Security, and Final Tract Map 36892, Located at Southeast Corner of Thornton Avenue and Elk Street (D.R. Horton Los Angeles Holding Company, Inc.).
16.F A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of an Eventide NexLog DX 96 Analog Channel System with an extended warranty program for the Amount of $112,903.15 from Goserco, Inc., utilizing the CMAS Contract #3-17-70-2565D and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt Resolution 2022-048 of the City Council of the City of Hemet, California, awarding the purchase of an Eventide NexLog DX 96 Analog Channel System with an extended warranty program for the Amount of $112,903.15 from Goserco, Inc., utilizing the CMAS Contract #3-17-70-2565D and authorizing the City Manager to execute the agreement and purchase orders in support of the agreement.
16.G A Resolution of the City Council of the City of Hemet, California, Accepting $248,200 in SB 821, "Bicycle and Pedestrian Facilities Program" funding for the State Street Sidewalk Improvements, CIP 5728, direct the Finance Director to establish a supplemental appropriation of $248,200 into SB821 (Fund 223) and reduce the Measure "A" project budget from $300,000 to $82,733 (Fund 222), and Authorize the City Manager to Execute Agreement No. 22-62-063-00 with the Riverside County Transportation Commission Substantially in the Form and Format Attached and in Such Final Form as Approved by the City Attorney
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Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022-049 of the City Council of the City of Hemet, California Accepting $248,200 in SB 821, "Bicycle and Pedestrian Facilities Program" funding for the State Street Sidewalk Improvements, CIP 5728, direct the Finance Director to establish a supplemental appropriation of $248,200 into SB821 (Fund 223) and reduce the Measure "A" project budget from $300,000 to $82,733 (Fund 222), and Authorize the City Manager to Execute Agreement No. 22-62-063-00 with the Riverside County Transportation Commission Substantially in the Form and Format Attached and in Such Final Form as Approved by the City Attorney.
17. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, and Mayor Lilienthal gave reports.
18. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items; no changes were made.
19. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 8:40 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on April 12, 2022.
APPROVAL: ATTEST:
_______________________________
Mayor Lilienthal
_____________________________
John Paul Maier, MMC
City Clerk
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 26 2022
Department: Police Department
Submitted by: Christopher Lopez, City Manager
Eddie Pust, Police Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Second Reading and Adoption of Ordinance 1998, an Ordinance of the City Council of the City of Hemet, California, Adding Section 38 -3 to the Hemet Municipal Code Adopting a Military Equipment Use Policy and Procedure for Annual Review Thereof
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Second Reading and Adoption of Ordinance 1998, an Ordinance of the City Council of the City of Hemet, California, Adding Section 38 -3 to the Hemet Municipal Code Adopting a Military Equipmen t Use Policy and Procedure for Annual Review Thereof.
BACKGROUND:
On September 30, 2021, California Governor Gavin Newsom signed Assembly Bill 481 (AB 481), which became effective January 1, 2022. The bill requires law enforcement agencies to create a M ilitary Equipment Use Policy which must be adopted by local municipalities by May 1, 2022. Due to recent events in our nation, the public has asked that state and local leaders enact law enforcement reforms and statewide standards for safe de-escalation techniques.
AB 481 identifies certain law enforcement equipment as “military equipment” and subsequently requires oversight from a governing body for purchase and usage. The governing body for the Hemet Police Department is the elected Hemet City Council or their appointed body.
ANALYSIS:
The purpose of this request is to seek approval and support from the Hemet City Council in adopting the Hemet Police Department’s AB 481 Specialized Equipment List of specialized equipment and the Hemet Police Department’s Specialized Equipment Use Policy. The Specialized Equipment Use Policy establishes an ongoing standard and policy for safe de -escalation techniques and the use and application of “military equipment”; which is attached as required by AB 481.
14.B
The AB 481 Specialized Equipment List, identi fies items currently deployed by law enforcement agencies in this county, as well as others throughout the State of California, and the nation. AB481 lists “military equipment” that is recognized and more appropriately identified by local, state, and federal law enforcement entities as specialized police equipment.
Specialized police equipment is used only by highly trained and experienced law enforcement professionals. The Hemet Police Department’s itemized list of specialized equipment is attached to this staff report, as required by AB 481. This itemized list of specialized equipment ranges from modernized tools, aerial drones, armored vehicles, and chemical agents, whose primary purpose is the preservation of human life during critical incidents. Thes e critical incidents often involve the apprehension of high - risk suspects, search and rescue, and immediate responses to catastrophic events. The use of this specialized equipment reduces liability to the department and the City. The use also reduces the potential for physical injury to the public and department personnel. It also allows for the application of de-escalation tactics during high -risk encounters with armed and violent suspects. The tools, equipment, and resources outlined in this specialized equipment list can function as a force-multiplier, in some cases. This helps to reduce manpower hours and is ultimately a cost savings to the city.
The Association of Riverside County Chiefs of Police and Sheriff (ARCCOPS) have endorsed the list of specialized equipment which is already in use across the county. For context, the Riverside County Sheriff’s Department, the Riverside County District Attorney’s Office, and the Menifee and Murrieta Police Departments, over a span of many years, have acqui red similar tools with approval from their respective Board of Supervisors and City Councils. This has been accomplished during the annual budget processes, or as individual board agenda item purchases. The Hemet Police Department has obtained similar approval from the City Council to acquire and use specialized equipment.
Through the Association of Riverside County Chiefs of Police and Sheriff's (ARCCOPS) mutual aid agreement, all cities within Riverside County, including the Hemet Police Department, have agreed to accept the use of each agency's Specialized/Military Equipment Use policy, related to any enforcement action throughout Riverside County.
As part of the Hemet Police Department’s mission to provide law enforcement services to the City of Hemet, it also works in conjunction with the Menifee and Murrieta Police Departments to provide Special Weapons and Tactics services (S.W.A.T.). This is done under the guidance of an approved and consolidated Memorandum of Understanding between the three c ities. This memorandum of understanding allows for the shared use of resources and specialized equipment that are identified by AB481 as “military equipment.” The Department also operates in various capacities with various incorporated cities, as well as providing county-wide mutual aid services upon request.
The Hemet Police Department, and its Riverside County law enforcement partners, are responsible for ensuring the highest standard of public safety, the protection of its community, and the apprehen sion of criminal offenders. To help achieve and maintain the highest standard of public safety, it is important that the Hemet Police Department receive support from its local elected officials, who are committed to funding operational needs. This include s the approval to purchase and finance necessary tools, protective gear, and specialized equipment for the purpose of helping protect and save lives and property. With the City Council’s partnership and approval, the Hemet Police Department can operate with the most advanced technology, equipment, and resources available, and allowing the Hemet Police Department to be successful in their purpose of protecting and serving the community with increased effectiveness, preparedness, and proper lifesaving tactics. The continued use of specialized equipment will allow the Hemet Police Department to operate within the same professional and uniformed standards as other successful law enforcement agencies across the county, state, and country.
14.B
Although some of t he specialized equipment and resources, listed as “military equipment” in AB481 can be found in a military environment, the purpose for the equipment deployed by law enforcement is significantly different.
For reference, the Hemet Police Department’s Sp ecialized Equipment Use Policy and Specialized Equipment List are attached to this document.
PREVIOUS COUNCIL ACTION:
Introduced for first reading at the April 12, 2022 Regular City Council Meeting, with the following action:
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-1 (MAYOR PRO TEM MEYER VOTING NO), to:
1. Introduce by title and waive the full reading of an Ordinance of the City Council of the City of Hemet, California, Adding Section 38 -3 to the Hemet Municipal Code Adopting a Military Equipment Use Policy and Procedure for Annual Review Thereof; as amended to change the phrase within the Ordinance and Policy from “Military Equipment” to “Specialized Equipment,” and
2. Direct the City Clerk to plac e the Ordinance on the Consent Calendar for the next regularly scheduled meeting of the City Council for Second Reading and Adoption.
This report provides for the City Council to waive further reading and adopt the Ordinance. The Ordinance shall be effective 30 days from adoption.
STRATEGIC PLAN INTEGRATION:
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 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.
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.
FISCAL IMPACT:
The approval and support from the Hemet City Council in adopting the Hemet Police Department’s Specialized Equipment List and the Hemet Police Department’s Specialized Equipment Use Policy is
14.B
vital to the effectiveness of the Hemet Police Department in the resolution of critical incidents. Support from the City Council will significantly decrease the fiscal impact on Hemet residents and businesses, from the use of approved specialized equipment by the Hemet Police Department. While there is no fiscal impact related to the adoption of this list, a considerable fiscal impact to Hemet residents and businesses may result from civil liability, if the Hemet Police Department is not properly equipped with the specialized equipment and tools that are required to resolve critical incidents safely and effectively.
ALTERNATIVE(S):
The City Council may choose not to adopt an ordinance approving the Hemet Police Department’s current and future Specialized Equipment List and its Specialized Equipment Use Policy; however, the Hemet Police Department would not have the authority to establish an ongoing standard and policy for safe de -escalation techniques and the use and application of “military equipment” as required by AB481.
ATTACHMENT(S):
Attachment 1_ Ordinance, Adding Section 38-3
Attachment 2: Hemet Police Department's Specialized Equipment Policy and Specialized Equipment List
Attachment 3_ AB481 HMC38-3
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City of Hemet Ordinance No. xxxx
-1-
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. xxxx
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, ADDING SECTION 38-3 TO THE
HEMET MUNICIPAL CODE ADOPTING A SPECIALIZED
EQUIPMENT USE POLICY AND PROCEDURE FOR
ANNUAL REVIEW THEREOF
WHEREAS, the California Legislature enacted AB 481, adding Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to the acquisition of specialized law enforcement equipment, referred to by the California Legislature as “military equipment” and its deployment by local law enforcement agencies; and
WHEREAS, the Hemet Police Department must obtain approval from the City Council of a policy to use specialized equipment, referred to in Government Code Section 7070 as military equipment; and
WHEREAS, the Hemet Police Department must publish on an annual basis a report regarding such specialized equipment; and
WHEREAS, the City Council may approve the policy for the use of the specialized equipment if it determines that the specialized equipment meets specified standards; and WHEREAS, the City Council must annually review the ordinance and determine whether to renew of the authorization; and
THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.The findings described above are hereby incorporated into this Ordinance
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City of Hemet Ordinance No. xxxx
-2-
as though set forth in full below.
Section 2.Section 38-3 is hereby added to the Hemet Municipal Code to read as follows:
“Sec. 38-3. – Adoption of Specialized Equipment Use Policy.” (a)Purpose and Intent.
The purpose and intent of this Ordinance is to comply with the statutory provisions of AB 481, codified as Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to the acquisition of specialized law enforcement equipment, referred to by the California Legislature as “military equipment” and its deployment by local law enforcement agencies.
(b)Adoption of Specialized Equipment Use Policy.
The City Council hereby approves the Specialized Equipment Use Policy on file with the Chief of Police of the Hemet Police Department. (c)Findings.
The City Council adopts and incorporates the findings required by Government Code Section 7071(d).
(d)Annual Specialized Equipment Report.
1. On an annual basis, but no later than March 31 of each year, the Chief of Police, or their designee, shall prepare a Specialized Equipment Report that contains the information required by Government Code Section 7072(a) for the previous calendar year.
2. Within thirty (30) days of the preparation of the Specialized Equipment Report described in subsection (a) above, the Chief of Police, or their designee, shall cause to be held at least one public community engagement meeting to discuss the Specialized Equipment Report. The public community meeting shall be noticed by the City Clerk in the same manner as required for regular
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City of Hemet Ordinance No. xxxx
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meetings of the City Council and shall be held in a convenient location within the City of Hemet.
(e)Publication.
The Chief of Police, or their designee, shall cause the current Specialized Equipment Use Policy and the Specialized Equipment Report to be made available on the City of Hemet’s website for public inspection. (f)Renewal and Amendments to Specialized Equipment Use Policy.
1.Annual Renewal.
Each year no later than June 30, the Chief of Police, or their designee, shall submit the Specialized Equipment Report described in subsection (d) above to the City Council, along with either a renewal of the existing Specialized Equipment Use Policy, or an amended policy with proposed changes.
2.Amendments.
The Chief of Police, or their designee, shall submit any proposed amendments to the Specialized Equipment Use Policy to the City Council prior to implementation.
3.Renewal and Approval of Amendments.
The items described in subsections (a) and (b) shall be submitted as a receive and file item at a regular meeting of the Hemet City Council held pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5) where the opportunity for public comment is provided, no sooner than thirty (30) days after the proposed renewal or amendment has been made available on the City of Hemet’s website for public inspection. If the City Council takes no action on proposed renewal or amendment, then the Specialized Equipment Use Policy along with any amendments, shall go into effect immediately without
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City of Hemet Ordinance No. xxxx
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further action of the City Council and the findings described in subsection (c) above shall be conclusively presumed made by the City Council.
Section 3.If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held for any reason to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.
INTRODUCED at the regular meeting of Hemet City Council on April 12, 2022. .
_________________________
Malcom Lilienthal, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________ _________________________
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City of Hemet Ordinance No. xxxx
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John Paul Maier, City Clerk Steven Graham
City Attorney
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City of Hemet Ordinance No. xxxx
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the day of 2022
AYES: Council Members: None.
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_________________________________
John Paul Maier, City Clerk
14.B
14.B
Policy
705
Hemet Police Department
Policy Manual
Copyright Lexipol, LLC 2022/04/19, All Rights Reserved.
Published with permission by Hemet Police Department ***DRAFT*** Specialized Equipment - 1 Specialized Equipment
705.1 PURPOSE AND SCOPE
State MODIFIED
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of specialized equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
705.1.1 DEFINITIONS
State MODIFIED
Definitions related to this policy include:
Governing body – The elected or appointed body that oversees the Department.
Specialized equipment – Means equipment that is "militaristic in nature" and is identified in Government Code Section 7071 (c) (1-15).
705.2 POLICY
State MODIFIED
It is the policy of the Hemet Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to specialized equipment. 705.3 SPECIALIZED EQUIPMENT COORDINATOR
Best Practice MODIFIED
The Operations Division Captain or their designee will act as the specialized equipment coordinator. The responsibilities of the specialized equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as specialized equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all specialized equipment annually. (d) Collaborating with any allied agency that may use specialized equipment within the jurisdiction of Hemet Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
14.B
Hemet Police Department
Policy Manual
Specialized Equipment
Copyright Lexipol, LLC 2022/04/19, All Rights Reserved.
Published with permission by Hemet Police Department ***DRAFT*** Specialized Equipment - 2 (f) Preparing the annual specialized equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of specialized equipment, and how the Department will respond in a timely manner.
705.4 SPECIALIZED EQUIPMENT INVENTORY
State MODIFIED
The following constitutes a list of qualifying equipment for the Department:
See attachment: Hemet PD Specialized Equipment List (041922).pdf 705.5 APPROVAL
State MODIFIED
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the specialized equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed specialized equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the specialized equipment at issue (Government Code § 7071). The specialized equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting specialized equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for specialized equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring specialized equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of specialized equipment within the jurisdiction of this department. (e) Using any new or existing specialized equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of specialized equipment.
(g) Acquiring specialized equipment through any means not provided above. 705.6 COORDINATION WITH OTHER JURISDICTIONS
State MODIFIED
Specialized equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the specialized equipment is approved for use in accordance with this policy.
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Hemet Police Department
Policy Manual
Specialized Equipment
Copyright Lexipol, LLC 2022/04/19, All Rights Reserved.
Published with permission by Hemet Police Department ***DRAFT*** Specialized Equipment - 3 705.7 ANNUAL REPORT
State MODIFIED
Upon approval of a specialized equipment policy, the Chief of Police or the authorized designee should submit a specialized equipment report to the governing body for each type of specialized equipment approved within one year of approval, and annually thereafter for as long as the specialized equipment is available for use (Government Code § 7072).
The Chief of Police or the authorized designee should also make each annual specialized equipment report publicly available on the department website for as long as the specialized equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of specialized equipment in department inventory.
705.8 COMMUNITY ENGAGEMENT
State MODIFIED
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of specialized equipment.
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Policy Manual
Copyright Lexipol, LLC 2022/04/19, All Rights Reserved.
Published with permission by Hemet Police Department ***DRAFT*** Attachments - 4 Attachments
14.B
Attachment
Policy Manual
Copyright Lexipol, LLC 2022/04/19, All Rights Reserved.
Published with permission by Hemet Police Department
***DRAFT*** Hemet PD Specialized Equipment List
(041922).pdf - 5
Hemet PD Specialized Equipment List (041922).pdf
Hemet PD Specialized Equipment List (041922).pdf
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Section One: Hemet Police Department Specialized Equipment Inventory Pursuant to CA Gov’t Code §7070 (c)(1-15)
1. Unmanned Aircraft Systems (UAS/Drones)
Quantity Owned / Sought: (2) DJI Phantom 4 Pro’s, (1) DJI Mavic 2 Enterprise owned, and (1) DJI Matrice 300 RTK sought
Lifespan: Approximately 5 years
Purpose/Capabilities/Description:
o Search and locate reported missing children or at- risk adults o Search and rescue operations to locate lost or inj ured hikers o A law enforcement specific application involving A erial drones are used for open terrain or large field searches as a force -multiplier to assist in high-risk apprehensions of armed or violent suspects. Aerial drones can be used as an interior search tool to locate suspec ts barricaded inside a residence or commercial structure.
o Unmanned robotics have numerous applications and a re used instead of personnel in high-risk environments to increase safety for law enforcement
o Gain visual/audio data, deliver Crisis Negotiation Phone, open doors, disrupt packages, and remotely clear buildings and structures
Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $25,000. Ongoing cost as sociated with remotely piloted aircraft/ground vehicles and maint enance is estimated to be approximately $7,500 per year.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy r ights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or t ransmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and o bservers shall take reasonable precautions to avoid inadvertently recor ding or transmitting images of areas where there is a reasonable expecta tion of privacy.
Reasonable precautions can include, for example, de activating or turning imaging devices away from such areas or per sons during UAS operations.
14.B
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
2. Armored vehicles with breaching or entry apparat us attachable Quantity Owned/Sought: LENCO BEAR-CAT, 1 owned
Lifespan: Approximately 25 years
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counte r-Attack Truck (BEAR-CAT). The BEAR-CAT, or rescue vehicles, are p rimarily used during high-risk tactical enforcement operations, o fficer rescues, and vehicle borne interventions. Additional deployments are used during criminal unrest and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects. o Rescue vehicle for on-campus active shooter incide nts to rescue injured victims.
o 4X4 capability to transport or evacuate victims in floods, fires, or other natural disasters.
o Rescue vehicles provide numerous safety capabiliti es for law enforcement, victim rescues, and overall community safety. o BEAR-CAT vehicles have attachable metal booms that can be used for breaching structures, fences, or ramming objects du ring high-risk incidents, to include active shooter incidents on s chool grounds or buildings.
Fiscal Impacts: There was no initial cost for our armored vehicle as it was obtained through a Department of Homeland Security grant in 2008. Annual maintenance cost approximately $1,500.
Legal/Procedural Rules Governing Use : Use shall be in accordance with California State law regarding the operation of motor vehicles.
Training Required: The Southwest Cities SWAT Team provides internal training for staff members prior to allowing them t o operate these vehicles.
The officers are trained in vehicle operation, equipment use, and driving.
3. Command and Control Vehicles used to facilitate the operational control and direction of public safety units.
Quantity Owned/Sought: 1 owned
Lifespan: 20-year lifespan on chassis and vehicle structure. Upgrades needed every 5-7 years to maintain IT systems.
14.B
Purpose/Capabilities/Description:
o Command vehicles are built in various platforms to include ½ ton pickup chassis, vans, trailers, and RV style configurations. Vehicles are built to better assist in command and control during law enf orcement operations, natural disasters, and public safety is sues. Vehicles are designed with additional communication abilities, c omputers, white boards, lightening, generators, and mission essenti al supplies.
Purchase cost was approximately $35,000 in 2001.
Fiscal Impact: Annual maintenance cost is approximately $500.
Legal/Procedural Rules Governing Use : Use shall be in accordance with California State law regarding the operation of motor vehicles.
Training Required: The CNT team and designated Command Post personnel are trained quarterly in vehicle operatio n, equipment use, and driving.
4. Assault weapons defined under PC 30510 & PC 3051 5
Quantity Owned/Sought: (4) Colt AR15-A2, (2) Colt M4A2, (12) Colt M16A1, (12) Colt Commando, (2) Rockriver, (9) HK MP 5, (3) .308 Remington 700, and (1) .308 HK G3A3 rifles owned. None Sought
Lifespan: 15 years
Purpose/Capabilities/Description:
o The Colt automatic and semiautomatic rifle can fir e 5.56mm projectile bullet.
o Inventory includes AR-15 style rifles that functio n at semi-automatic capability and SWAT trained officers are issued ful l-automatic M4 style rifles.
o Increased accuracy and precision at long-range dis tance to address a threat, if present and feasible.
o Officer’s may deploy the patrol rifle in any circu mstance where the officer can articulate a reasonable expectation that the rifle may be needed. o Currently used by most law enforcement agencies ac ross the nation.
14.B
Fiscal Impacts: The initial cost of AR-15 style rifles are approxi mately $1200-$1500 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Hemet Police Department Policies on Use of Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as re gular department firearms training and qualifications as required by law and policy.
5. Diversionary Devices
Quantity Owned/Sought: Defensive Technologies low roll, 30 owned.
Lifespan: 5 years for the 12-gram reload, and 25 maximum uses for the low-roll body.
Purpose/Capabilities/Description:
o Light Sound Diversionary Device (LSDD-“Flashbangs” ) are used to minimize risk to all parties through the temporary distraction or disorientation of armed and violent suspects that pose significant danger to law enforcement personnel and community.
o The effects of the LSDD reduce a suspect’s reactio nary capabilities and allow for momentary disorientation which creates a tactical advantage.
LSDD is a hand delivered device and generally deployed on the exterior of structures
o Provides a humane fright to aggressive dogs that p ose a threat to law enforcement personnel
o A diversionary device is ideal for distracting dan gerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations.
Fiscal Impact: Initial cost per item $82.44. No annual maintenance cost.
Legal/Procedural Rules Governing Use: HPD policy is to utilize diversionary devices only for official law enforcem ent purposes and pursuant to State and Federal law regarding use of force.
Training Required: The Southwest Cities SWAT team provides internal training by POST certified instructors for staff members prior to allowing them to use any of these items.
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6. Chemical Agents and Smoke canisters
Quantity Owned / Sought: Defensive Technologies chemical agents & smoke canisters
Lifespan: 5 years
Purpose/Capabilities/Description:
o To limit the escalation of conflict where employme nt of lethal force is prohibited or undesirable.
o Chemical agents are deployed through various means to include hand delivery and weapon launchable, such as pepper ball. Munitions are 40mm caliber, shotgun ferret rounds or canister shotgun launched ordinance.
Hand delivered chemical agents are placed in metal burn boxes to reduce fire hazards
o May be used for dangerous and/or combative subject s, riot/crowd control and civil unrest incidents, circumstances where a t actical advantage may be gained, potentially viscous animals, training ex ercises or approved demonstrations, circumstances where a tactical adva ntage can be obtained.
Fiscal Impact: Initial cost per item $50.00. No annual maintenance cost.
Legal/Procedural Rules Governing Use: HPD policy is to utilize chemical agents only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.
Training Required: Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
7. 37mm / 40mm Less Lethal launchers and Kinetic En ergy Munition
Quantity Owned/Sought: Defensive Technologies 40mm single launcher, (11) Owned. Sage 37mm single launcher (1) owned and Sche rmuly 37mm single launcher (1) owned / None sought
Lifespan: Approximately 15 years
Purpose/Capabilities/Description:
o The 37mm/40mm Less Lethal Launchers and Kinetic En ergy Munitions are intended for use as a less lethal use of force option. o Less lethal 37mm/40mm launchers and rubber project ile munitions are configured for high and low energy impact. Munitions have the additional benefit as a barrier round for breaking vehicle and residential glass so that chemical munitions can be deployed.
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o 37mm/40mm less lethal launchers have been effectiv e in disarming violent suspects, armed suspects, and subjects who are suicidal with minimal injury and risk to the person, law enforcement or the public. o 37mm/40mm less lethal launchers are light weight, versatile and used worldwide by police and corrections officers.
o The 37mm/40mm launcher family of products is avail able in single-shot, spring-advance multi, and pump-advance multi-versions.
Fiscal Impacts: The initial cost of each 37/40mm launcher was approximately $1200. The ongoing costs for munition s will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: HPD policy is to utilize less lethal and chemical agents only for official law en forcement purposes and pursuant to State and Federal law regarding use of force.
Training Required: Officers must complete a department, POST certified 37/40mm course as well as regular training and qualifications as required by law and policy. Various Hemet Police Department policies on Use of Force and Crowd Control.
8. Less Lethal Bean Bag Launchers (shotguns)
Quantity Owned/Sought: (17) owned / None sought
Lifespan: 25 years
Purpose/Capabilities/Description:
o To limit the escalation of conflict where employme nt of lethal force is prohibited or undesirable.
o Less lethal bean bags are deployed through a marke d/orange colored easily identifiable less lethal shotgun. The bean bag round is a small led pellet filled munition made of high-density cloth. The bean bag is the predecessor to 40mm less lethal launcher, having si milar benefits as other less lethal platforms
Authorized Use: Situations for use of the less lethal weapon systems may include, but are not limited to:
Self-destructive, dangerous and/or combative
individuals, riot/crowd control and civil unrest in cidents, circumstances where a tactical advantage can be obtained, potentially vicious animals.
Fiscal Impact: Annual maintenance is approximately $20 for each shotgun
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Legal/Procedural Rules Governing Use: utilize the less lethal shotgun only for official law enforcement purposes, and pur suant to State and Federal law, including those regarding the use of force
Training Required: All officers are trained in the 12 gauge less letha l shotgun, as a less lethal option by POST certified in-service training and police academy training.
9. Non-handheld battering rams, slugs and breaching equipment apparatuses that are explosive in nature
Quantity Owned/Sought: (3) Remington 12GA “breaching” shotguns owned / None sought
Lifespan: 15 years
Purpose/Capabilities/Description:
o Explosive breaching tools are used to breach forti fied structures to establish a point of entry. Explosive charges are fashioned t o produce little to no fragmentation at the time of detonation. Explosive breaching effectively reduces the time spent overcoming a fortified door or structure. The reduction in time mitigating a hardened structure i ncreasing officer safety and the element of surprise. Blast injuries are red uced by using low yield explosives that mechanically overcome door frames a nd locking mechanisms. Explosive breaching mandates extensive schooling and certification processes
o Avon frangible shotgun ammunition is used to breac h doors and points of entry on fortified doors or structures. The rounds are used to impact door hinges, doorknobs and locks.
Fiscal Impacts: The initial cost of a breaching shotguns is approx imately $800 each. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: Diversionary devices and explosive breaching tools are only for official law enforcement purposes and pursuant to State and Federal law regarding use of force.
Training Required: SWAT officers assigned as team breachers receive POST certified training in the use and deployment o f these breaching shotguns and frangible shotgun ammunition.
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Section Two: Specialized Equipment Inventory known to be owned and/or utilized by law enforcement agencies with which the Hemet Police Department collaborates with and/or may require assistance from in a mutual -aid situation for law enforcement services, Pursuant to CA Gov’t Code §7070(c) (1-15)
1. Mine Resistant Ambush Protected Vehicle (MRAP)
Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: The MRAP is a large ballistic armored rescue vehicle deployed during search warrant servi ces and primarily in open desert areas requiring extreme off-road capabi lity. The MRAP is also used for large parcel outdoor illegal marijuana grow enforcement. Operation requires a Class “B” driver’s license. Capable of transporting personnel and equipment while providing them with armored protection from gunfire.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a n eed to move personnel and/or resources into areas in which they have reas on to expect potential armed resistance requiring its protection.
Training Required: None, Equipment owned, maintained and operated by another agency.
2. Armored Vehicles with breaching or entry apparat us or water cannon
Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description:
o LENCO Ballistic Engineered Armored Response Counte r-Attack Trucks (BEARCATS). The BEARCAT’s are primarily used during high-risk tactical enforcement operations, officer rescues, a nd vehicle borne interventions. Additional deployments are used duri ng criminal unrest
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and riots. Rescue vehicles provide ballistic safety during containment and apprehension of armed violent suspects.
o Rescue vehicle for on-campus active shooter incide nts to rescue injured victims
o 4X4 capability to transport or evacuate victims in a natural disaster o BOMB-CAT bullet resistant rescue vehicle provision ed with a front mounted Water Cannon. BOMB-CAT use is for tactical operatio ns and explosive ordinance mitigation and fire suppression
o Rescue vehicles provide numerous safety capabiliti es for law enforcement, victim rescues, and overall community safety
o TAC-CAT vehicle- A tracked bullet resistant caterp illar tractor driven and deployed during high-risk and tactical operations, with various hydraulic boom attachments including claw, chemical agent dis persal box and ram extension
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Use shall be in accordance with California State law regarding the operation of motor vehicles.
Training Required: None, Equipment owned, maintained and operated by another agency.
3. Long Range Acoustic Device (LRAD)
Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description: LRAD is an acoustic hailing device used for emitting amplified public announcements du ring search warrant services, barricaded suspects, or tactical operatio ns. The loud audible technology ensures broadcasted announcements are lo ud and clear while offering advantages over less amplified patrol car PA systems. The larger LRAD 1000 system is portable and can be used for cr iminal unrest and rioting to provide clear dispersal orders for unlaw ful assembly. LRAD can also be used for any public announcements or safety advisements during natural disasters or evacuations
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
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Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and L ocal laws governing police use of force, crowd control, etc.
Training Required: None, Equipment owned, maintained and operated by another agency.
4. Unmanned, remotely piloted, powered ground vehicles Quantity Owned/Sought: None
Lifespan: Unknown
Purpose/Capabilities/Description:
o Deliver Crisis Negotiation Phone, open doors, disr upt packages o Vehicles are capable of being remotely navigated t o provide scene information and intelligence in the form of video a nd still images transmitted to first responders.
o Deliver chemical agent inside a structure without placing officers in harm’s way.
o Gain visual/audio data and remotely clear building s and structure o Unmanned robotics have numerous applications and a re used instead of personnel in high-risk environments to increase safety for law enforcement
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use:
The use of unmanned, remotely
piloted, powered ground vehicles potentially involv es privacy considerations. Absent a warrant or exigent circums tances, operators and observers shall adhere to all applicable privacy la ws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).
Training Required: None, Equipment owned, maintained and operated by another agency.
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Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about th e use of each specific type of Specialized Equipment in this policy by contacting the Specialized Equipment Use Coordinator by any of the following means:
1. Via phone call to: (951) 765-2400
2. In person at the Hemet Police Department: 450 E. Latham Avenue, Hemet, CA. 92543
The Hemet Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
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Hemet City Police
Department
Ordinance No. 38-3 Adoption & Public Hearing
April 26, 2022 – Second Reading
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Background
On September 30, 2021, California Gov. Gavin Newsom signed Assembly Bill 481, which became effective January 1, 2022.
AB 481 identifies certain specialized law enforcement equipment as “military equipment” and requires oversight from the Municipal City Council for purchase and use of what the bill has deemed “military equipment.” The law requires a Municipal Police Department and other law enforcement agencies to create a Use Policy that has been adopted by the City Council after holding a public meeting to seek the public’s input.
(As directed by the Hemet City Council, an amendment has been completed within the Ordinance and Policy, changing “Military Equipment” to “Specialized Equipment”).
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Purpose of Ordinance
• Seek approval and support from the City Council for the acquisition and deployment of current and future specialized police equipment. • Consider the public’s concerns about safety, civil rights and the public’s welfare.
• Approve the current Use Policies which establish on-going standards for safe de-escalation techniques and police equipment use and application consistent with AB 481.
• Once a year, Ordinance No. 38-3 and its Use Policies will be submitted to City Council for review and approval.
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Purpose of Police Equipment
“Specialized Equipment”
• The preservation of human life
• Search and Rescue Operations
• Evacuating victims
• Fast responses to catastrophic events
• Reduce liability of physical injury to public and department personnel • High-risk apprehensions
• Allow for safe and effective de-escalation tactics
• Less-lethal use of force option
• Specialized Police Equipment will act as a resource-multiplier in some cases to reduce manpower hours, which ultimately saves the city money
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City Impact
• No impact due to Specialized Police Equipment is already in use by our department.
• No Impact to mutual aid requests and current MOU’s we currently have with other cities
• No impact to any of our County-wide task forces that we supervise or assign an officer.
• No fiscal impact related to the adoption of the ordinance and use policy. A considerable fiscal impact to Hemet residents and businesses may result from civil liability, if the Hemet Police Department is not properly equipped with specialized equipment necessary to resolve critical incidents safely and effectively.
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Public Hearing Findings
A Public Hearing is conducted for the following findings:
• Determine if the Specialized Equipment is necessary and a reasonable alternative to solve a critical incident safely and effectively
• Determine if the Use Policy will safeguard the public’s welfare, safety, civil rights and civil liberties
• If purchasing, determine the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer or civilian safety (no purchases at this time)
• Determine existing police equipment complies with the Use Policy; if not, remedy non-conforming issues and ensure future compliance (no known non-compliance issues)
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Post Public Hearing
• Formally Adopt Ordinance No. 38-3 for the current deployment and future acquisition of specialized law enforcement equipment
• On an annual basis, a Specialized Equipment report shall be prepared, a community engagement meeting shall be held, and a report shall be provided to City Council with existing equipment or an amended policy with proposed changes.
• Direct the Police Chief to send copy of Use Policy and Specialized Equipment list to the Governor’s Office
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QUESTIONS?
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 26 2022
Department: City Attorney
Submitted by: Steven Graham, Interim City Attorney;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Authorizing Remote Teleconference Meetings of the City Council Pursuant to Assembly Bill 361
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt the Resolut ion of the City Council of the City of Hemet, California, Authorizing Remote Teleconference Meetings of the City Council Pursuant to Assembly Bill 361.
BACKGROUND:
The Governor of the State of California proclaimed the State of Emergency, effective Marc h 4, 2020, due to an outbreak of a respiratory illness, the novel Coronavirus (known as COVID -19). The City Council of Hemet previously proclaimed a "Local State of Emergency" on March 16, 2020. The City of Hemet has since incorporated remote teleconferenc ing into its public meetings to allow public participation by individuals who desire to maintain social distancing. The City of Hemet has utilized the Zoom platform to allow for greater participation from the public, elected officials, City Staff, Board Members, Commissioners, and interested parties during the State of Emergency orders.
ANALYSIS:
The City of Hemet is committed to preserving and encouraging public access and participation to all City Council, Commission, and Board Meetings of the City of Hemet.
DISCUSSION:
Assembly Bill No. 361 was approved by the California Legislature and signed into law by the Governor on September 16, 2021. The legislation authorizes the City of Hemet to continue providing public participation to meetings of the City Council and other legislative bodies through remote teleconference, using services such as telephone conferencing and Zoom meetings.
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Adopting this resolution would formalize the City Council's practice of allowing maximum public participation for those persons who desire to participate using these remote teleconferencing services to continue to do so during the COVID-19 pandemic. This resolution must be readopted every 30 days, so it is anticipated that if the City Council adopts the resolution, it will be brought forward every 30 days for ratification until the City Council determines otherwise.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 2: Increase transparency for the public.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
FISCAL IMPACT:
There is no fiscal impact.
ATTACHMENT(S):
Attachment 1: Resolution - Hemet AB 361
Attachment 2: Bill Text - AB-361 Open meetings_ state and local agencies_ teleconferences_
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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,
AUTHORIZING REMOTE
TELECONFERENCE
MEETINGS OF THE CITY
COUNCIL PURSUANT TO
ASSEMBLY BILL 361
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council is committed to
preserving and nurturing public access and participation at public meetings of the City of Hemet; and,
WHEREAS, all meetings of the City Council and
Planning Commission are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the conduct of public business; and,
WHEREAS, the Brown Act, Government Code
section 54953(e) makes provision for remote
teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of
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Government Code section 549539(b)(3), subject to the
existence of certain conductions; and,
WHEREAS, a required condition is that a state of
emergency is declared by the Governor pursuant to
Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, it is further required that state or local
officials have imposed or recommended measures to
promote social distancing, or, the meeting would present imminent risks to the health and safety of attendees; and WHEREAS, such prerequisites now exist in the form
of a state of emergency declared by the Governor and
recommendations from state and local health officials
regarding social distancing such that members of the public may desire to participate remotely rather than attend in person; and
WHEREAS, to ensure the public may continue to
participate fully in meetings of the City Council, Planning Commission and other legislative bodies, the City Council does hereby find that the City Council, Planning Commission and any other legislative body of the City, may conduct their meetings without compliance with the provisions of
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Government Code section 54953(b)(3) so long as the
meetings are conducted in the manner required by
Government Code section 54953(e).
NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF HEMET FINDS, DETERMINES, ORDERS AND
RESOLVES AS FOLLOWS:
SECTION 1.The recitals set forth above are hereby
adopted as findings in support of this Resolution.
SECTION 2.The City Manager and all other City
officials are hereby authorized and directed to take such actions necessary to effectuate the intent and purpose of this Resolution including conducting meetings of the City
Council, Planning Commission, and other legislative bodies in compliance with Government Code section 54953(e) as
needed.
SECTION 3. This Resolution shall take effect
immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 26th day
of April 2022.
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____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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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:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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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 1/13 SHARE THIS:
Date Published: 09/17/2021 09:00 PM
AB-361 Open meetings: state and local agencies: teleconferences.(2021-2022)
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.
The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.
Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.
Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials Home Bill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites
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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 2/13 have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.
This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.
This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.
Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.
The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment.
The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in
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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 3/13 connection with the operations of California State University campuses.
The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.
The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended: