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, May 10, 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: 865 7799 3022
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 – 4:00 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, HNSPEA, and SEIU
4.B PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957
Title of Position: City Manager
4.C CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95
Claimant: Tiffany Eatherton
Agency Claimed Against: City of Hemet
5. ADJOURNMENT OF CLOSED SESSION
6. WORK STUDY ITEMS - 5:00 P.M.
6.A A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
Staff Report #22-190 - Pdf
Recommendation:
13 - 105
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.
6.B Emergency Sleeping Cabins (Palette Shelter Housing) Staff Report #22-171 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Receive a report and provide direction on a Zoning Code Amendment to establish criteria for pre -fabricated palette shelter homes on public and private property.
107 - 150
6.C Discussion of Public Safety Needs and Spending Plan for Fiscal Year 2022-2023
Recommendation:
It is respectfully recommended that the City Council:
Receive an informational presentation on the Public Safety Needs and Spending Plan for Fiscal Year 2022-2023.
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 National Police Officers Week and Peace Officers Memorial Day Proclamation
National Police Officers Week and Peace Officers Memorial Day - Proclamation
151
13.B Asian American & Pacific Islander Month Month Proclamation Asian American and Pacific Islander Month - Proclamation 153
13.C National Nurses Week Proclamation
National Nurses Week - Proclamation
155
13.D Public Works Week Proclamation
Public Works Week - Proclamation
157
13.E Global Love Day Proclamation
Global Love Day - Proclamation
159
14. RECEIVE AND FILE
14.A The City of Hemet Warrant Registers Dated March 24, 2022, in the amount of $966,443.90, March 28, 2022, in the amount of $103,636.32 and April 7, 2022, in the amount of $2,035,301.05; the Payroll Periods of March 7, 2022 - March 20, 2022, in the amount of $729,271.45 and March 21, 2022 - April 3, 2022, in the amount of $1,104,514.54.
Staff Report #22-177 - Html
Recommendation:
It is respectfully recommended that the City Council:
Receive and file the City of Hemet Warrant Registers.
161 - 162
15. 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.
15.A Approve City Council Member Brown as the Primary Delegate and Human Resource s Manager Norma Rangel as the Alternate Voting Delegate for the California Joint Powers Insurance Authority (CJPIA) Annual Board of Directors Meeting Held on July 20, 2022 Staff Report #22-164 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Approve City Council Member Brown as the Primary Delegate and Human Resources Manager Norma Rangel as the Alternate Voting Delegate for the California Joint Powers Insurance Authority (CJPIA) Annual Board of Directors Meeting Held on July 20, 2022. 163 - 165
15.B A Resolution of the City Council of the City of Hemet, California, to Approve an Agreement with VPLS for Firewall System Replacement in the Amount of $154,413.08, Authorize the Finance Director to Record a Supplemental Appropriation in the Amount of $162,133.73; and Authorize the City Manager to Execute the Agreement, Purchase Orders, and all Other Supporting Documents Related to the Agreement
Staff Report #22-175 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, to approve an Agreement with VPLS for firewall system replacement in the amount of $154,413.08, authorize the Finance Director to record a Supplemental Appropriation in the amount of $162,133.73; and authorize the City Manager to execute the Agreement, purchase orders, and all other supporting documents related to the Agreement.
167 - 211
15.C A Resolution of the City Council of the City of Hemet, California, Awarding a Five-year Agreement for Uniform, Floor Mat and Towel Rental Services with Unifirst and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement
Staff Report #22-174 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, awarding a five -year Agreement for uniform, floor mat and towel rental services and authorizing the City Manager to execute the agreement and purchase orders in support of the agreement.
213 - 252
15.D A Resolution of the City Council of the City of Hemet, California, Approving the City of Hemet’s Five -Year Measure ‘A’ Local Streets and 253 - 265
Roads Capital Improvement Plan (CIP) for Fiscal Year 2022 -2023 through Fiscal Year 2026 -2027 for the Riverside County T ransportation Commission (RCTC) Measure ‘A’ Local Funds Program
Staff Report #22-060 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving the City of Hemet’s Five -Year Measure ‘A’ Local Streets and Roads Capital Im provement Plan (CIP) for Fiscal Year 2022 -2023 through Fiscal Year 2026 -2027 for the Riverside County Transportation Commission (RCTC) Measure ‘A’ Local Funds Program.
15.E A Resolution of the City Council of the City of Hemet, California, Awarding United Engineering & Construction, Inc. the Hemet Fire Station No. 4 Fire Training Facility, CIP 5734, in the Amount of $621,150 and Waive Any Minor Bid Irregularities; Authorize the Finance Director to Appropriate an Additional $351,150 of Unencumbered Measure "U" Funds to the Project Account to Fund the Total Project Costs; Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures not to Exceed $62,000, 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 Staff Report #22-143 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Counc il of the City of Hemet, California, Awarding United Engineering & Construction, Inc. the Hemet Fire Station No. 4 Fire Training Facility, CIP 5734, in the amount of $621,150 and waive any minor bid Irregularities; Authorize the Finance Director to appropriate an additional $351,150 of unencumbered Measure "U" funds to the project account to fund the total project costs; Authorize the City Manager to execute all contract documents and Approve additional construction expenditures not to exceed $62,000, 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. 267 - 390
15.F A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the New Position, Student Intern I/II
Staff Report #22-192 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
391 - 398
Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the new position, Student Intern I/II.
15.G A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Assignment and Assumption Agreement with Contech Engineered Solutions, LLC and Leonida Builders, Inc. and Take Other Related Actions
Staff Report #22-176 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Assignment and Assumption Agreement with Contech Engineered Solutions, LLC and Leoni da Builders, Inc. and Take Other Related Actions.
399 - 413
15.H A Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment for Services between the City of Hemet and CSG Consultants, Inc. for a Contract Amount not to Exceed a Total of $390,968.75 for the Entire Contract Term and the Replacement of Exhibit "B" Compensation
Staff Report #22-167 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment for Services between the City of Hemet and CSG Consultants, Inc. for a Contract Amount not to Exceed a Total of $390,968.75 for the Entire Contract Term and the Replacement of Exhibit "B" Compensation.
415 - 425
15.I A Resolution of the City Council of the City of Hemet, California, Approving the ARPA Public Works Apprentice Program, Amend the Budgeted Position List to include 15 Temporary Part -time Maintenance Aides for the Duration of the Program, and Authorize the Finance Department to Establish Appropriations in 270-7012-1100 in the Amount of $223,170.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funding for the Public Works Apprentice Program Staff Report #22-166 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt A Resolution of the City Council of the City of Hemet, California, Approving the ARPA Public Works Apprentice Program, Amend the Budgeted Position List to include 15 Temporary Part -time Maintenance Aides for the Duration of the Program, and Authorize the F inance 427 - 447
Department to Establish Appropriations in 270-7012-1100 in the Amount of $223,170.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funding for the Public Works Apprentice Program.
15.J A Resolution of the City Counc il of the City of Hemet, California, Approving the ARPA Student Worker Program, Amend the Budgeted Position List to include 10 Temporary Part -Time Student Intern positions for the Duration of the Program, and Authorize the Finance Department to Establish A ppropriations in 270 -7013-1100 in the Amount of $148,750.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funding for the Student Worker Program
Staff Report #22-165 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, to approve the ARPA Student Worker Program, Amend the Budgeted Position List to include 10 Temporary Part -Time Student Intern positions for the duration of the Program, and Authorize the Finance Department to Establish Appropriations in 270-7013-1100 in the Amount of $148,750.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funding for the Student Worker Program.
449 - 470
16. DISCUSSION - ACTION ITEMS
16.A Design Concept for Hemet Outdoor Fitness Court
Staff Report #22-178 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Review the photos in the attached link and identify the top three choices of each Council Member.
Once selected, these photos will be voted on by the public in a citywide poll. The winning entry will be displayed on the City of Hemet's future outdoor fitness court.
471 - 472
16.B Consideration of A uthorizing a Letter of Support for a Grant Funding Application for Coachella Valley-San Gorgonio Pass Rail Corridor Service Project
Staff Report #22-191 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Review, discuss and give direction regarding the proposed letter of support for the Coachella Valley-San Gorgonio Pass Rail Corridor Service Project Multimodal Project Discretionary Grant Funding Application. 473 - 476
16.C Consideration of Authorizing a Letter of Support for Additional Funding Allocation from the State of California for the I-15 Express Lane Extension Project
Staff Report #22-195 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Review, discuss and give direction regarding the proposed letter of support for additional funding allocation from the State of California for the I-15 Express Lane Extension Project.
477 - 480
17. 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. Hemet Housing Authority
2. Skate Park Committee
3. League of California Cities
4. Riverside Transit Agency *
5. Western Riverside Council of Governments *
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
18. 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
19. 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: May 5, 2022 at 5:00 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 - May 10 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
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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
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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
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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
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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)
21
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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)
22
6.A
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)
23
6.A
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
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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
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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
6.A
Discussion & Follow-up
34
6.A
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
6.A
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 Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - May 10 2022
Department: City Council
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director, Monique Alaniz-Flejter, Principal Planner;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Emergency Sleeping Cabins (Palette Shelter Housing)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Receive a report and provide direction on a Zoning Code Amendment to establish criteria for pre - fabricated palette shelter homes on public and private property.
BACKGROUND:
Valley Restart is requesting approval to install Palette Shelter Village Homes (Emergency Sleeping Cabins) to serve the homeless population within the City. These cabins provide an immediate and inexpensive housing alternative while transitioning to permanent housing. Additionally, Valley Restart has obtained a grant for the development through State Emergency Solutions Grant Program - Coronavirus (ESG-CV) program, which must expended by June 30, 2022. Currently, the Zoning Code and the Building Code does not address this type of emergency housing.
Staff is seeking policy direction from the Council regarding whether a palette shelter housing solution is a policy desire for the City of Hemet.
ANALYSIS:
Valley Restart is requesting approval to install Palette Shelter Village Homes (PSV) and associated Community Bathrooms and Showers. As illustrated below, the Palette Shelter Home proposed is a pre- manufactured aluminum product totaling 64 square feet and includes storage shelves, two (2) sleeping bunks per unit, air conditioning and heat. The bathrooms would include door locks, showers, toilets, wash station, air-conditioning, fan, power outlets and towel racks. The initial phase involves installation of six (6) palette homes with the potential for expansion in the future.
6.B
Source: Palletshelter.com/build-a-village/
Source: The Orion, News Editor Ava Norgrove February 6, 2022
6.B
Overview
Pursuant to Section 90-303 of the Hemet Municipal Code, which was adopted in 2013 (Ordinance 2013- 1867), Valley Restart Shelter is permitted in the C -1 zone by right unless the building is expanded, exceeds a capacity of 35 beds nightly, exc eeds the capacity of five (5) single men, five (5) single women, and nine (9) family rooms to house a parent and dependent children.
In a typical scenario, expansion of the building or facility to increase the number of beds and facilities would be subject to a Conditional Use Permit. However, the zoning code did not include provisions for transitional or temporary accommodations, nor i s there criteria set forth in any other part of the Municipal Code to address Palette Shelter homes.
DISCUSSION:
Examples of Shelter Housing in Other Cities
Other cities such as the City of Riverside, the City of Redondo Beach, the City of Torrance, an d the City of Santa Cruz have embraced this concept to address the immediate need to provide housing for the homeless. The distinction between these communities is that the palette shelter housing was placed on City property. The City of Riverside adopted a Resolution declaring the establishment of emergency housing at designated public facilities to be urgent for the preservation of life, health, and property, as well as adopted Building Code ordinance for emergency sleeping cabins. This option provides the City the ability to manage and modify the program as necessary.
Staff is seeking direction on the following alternatives:
1. Does the Council wish to allow Palette Shelter Homes at the Valley Restart facility on a permanent basis?
• This option would include a Zoning Code Amendment to include relaxed building standards, specific site criteria, and an update to the number of allowable beds and operational plan for the Valley Restart facility.
6.B
• Pursuant to Section 90 -893, Emergency Shelters are also permitted in the Commercial Manufacturing (C-M) zone, subject to a Conditional Use Permit. Consider allowing Palette Shelter housin g as an ancillary use in conjunction with the operation of an Emergency Shelter facility.
2. Does the Council wish to allow Palette Shelter Homes at the Valley Restart facility on a temporary trial basis?
• This would require consensus from Valley Restart.
• A Zoning Code Amendment could be established with a sunset provision.
3. Does the Council wish to declare the establishment of emergency housing at designated public facilities? If so, would the Council like to identify the Valley Restart property as a "public facility" for the purposes of the declaration?
• This option would require consensus from Valley Restart to allow a lease-lease-back option that allows the Palette Shelter Village to be maintained and operated by the Valley Restart at their discretion.
4. Does the Council wish to identify other City-owned property to be established under this program, to be operated and maintained by Valley Restart?
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 2: Explore and implement homelessness solutions for the City of Hemet.
FISCAL IMPACT:
None
ATTACHMENT(S):
Attachment 1: Letter from Applicant
Attachment 2: Condensed Plans
Attachment 3: Example Building Code (City of Riverside)
6.B
onaLams,
02/22/2022
CityofHemetc/oPlanningDepartment/DevelopmentReviewCommitteeSubjectProperty:200E.MenloAve.,Hemet,CA92543Project:Installationofa6PalletSheltervillageHomes(PSV)/infrastructure/Oneunitwith2ADACommunityBathroomsandShowers.
Thepurposeofthe6PSVhomesistoincreaseourbedcapacityatValleyRestartShelter.The6PSVwillguidethefuturecharacterandindependentidentityoftheorganizationsprogramanditsparticipants.TheValleyRestartisworkingwithresidentsandstakeholderstoidentifyhowtomaintainandimprovethequalityoflifeinourcommunitiesthroughupdatedgoals,policies,mapping,andimplementationguides.Theresultingplans,guides,andmapswillbeimplementedbyCountygovernment,localauthority,communityresidents,localstakeholders,and/orserviceproviders.Theimprovementsincludeinstallingatotalof6PSVhomestothepropertyandaoneunitwith2ADAbathroomstoincludesinksandstandupshowers.Ourconstructionteamswillberunningundergroundutilities,ablockwall,andsidewalkleadingintothe6PSVhomesarea.Thepallethomeswillconsistof64sqft.storageshelves,asleepingbunk,electricityairconditioningandheat.Thebathroomswillprovideasafeandprivatespacewithdoorlocks,showers,toilets,washstation,air-conditioning,automaticfan,poweroutletsandtowelracks.
IhaveattachedthecutsheetsforyourreviewandperyourrequestourArchitectwillupdatetheplantoreflecttheproposedlandscapedesignrequestedbytheplanningdepartment.Pleaseadviseiffurtherdetailisrequiredwiththissubmittalpacket.
Thank
951-390-9200AgentforOwnerVRS—ProjectConsultantMember
6.B
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IJA VIERLOPEZherebycertifythatwearetheowner(s)oftheabove-describedproperty.iamrespectfullyrequestingprocessingandapprovaloftheabovereferencedpermlt(s)review.Iherebyauthorize:SONIAMARTHALAMAStoactonourbehalfduringtheprocessingandpresentationofthisrequest.TheyshallbetheprincipalcontactwiththeCityinprocessingthisapplication.
Signature
AuthorizedAgentforOwner:SoniaMarthaLamasDate
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41052StormwaterdrainageandretentionduringconstructionThisProjectwhichdisturblessthanoneacreorsoilandisnotpartolalargercommonplanatdevelopmentwhichintotaldisturbsanacreormore,shallmanagestormwaterdrainageduringconstructioninordertomanagestormwaterdrainageduringconstruction,oneormoreolthelallawingmeasuresshallbeimplementedtopreventlloodingoradjacentproperty,preventerosionandretainsoilrunallanthesite12Retentionbasinsoisullicientsizeshallbeutilizedtoretainstormwateronthesitewherestormwaterisconveyedtoapublicdrainagesystem,collectionpoint,gutterorsimilardisposalmethod,watershallbelitteredbyuseolabarriersystem,wattleorothermethodapprovedbytheentorcingagency.Compliancewithlawlullyenactedstormwatermanagementordinance 4too3Surlacedrainage;Thesiteshallbeplannedanddevelopedtokeepsurlacewaterlromenteringbuildingsconstructionplansshallindicatethesitegradingawaytrainbuildingsatleast2zoradrainagesystemthatwillmanagesurlacewaterllowsExamplesoimethodstomanagesurlacewaterinclude,butarenotlimitedto,thelallawingzI2345 swdleswatercollectionanddisposalsystemsFrenchdrainswaterretentiongardensotherwatermeasureswhichkeepsurlacewaterawaylrombuildingsandaidingroundwaterrecharge4303Indoorwateruse:1EachplumbingliittureandlittingshallmeetreducedllowratesspeciliedinTable43032 431133PlumbingliituresandlittingsPlumbinglixtures(waterclosetsandurinals)andlittings(Faucetsandshowerhedds)shallmeetthestandardsreterencedinTable45033 43044304I IrrigationcontrollersAutomaticinspectionI Controllersshallbeweather-orsoiln'laisture—basedcontrollersthatautomaticallyadjustirrigationinresponsetochangesinplants‘needsasweatherconditionschange2Weathar—basedcontrollerswithoutintegralrainsensorsorcommunicationsystemsthataccounttarlocalrainlallshallhaveaseparatewiredorwirelessrainsensorwhichconnectsorcommunicateswiththecontro||er(s)Soilmoisture—basedcontrollersarenotrequiredtohaverainsensorinput 4406ENHANCEDDURABILITVANDREDUCEDMAINTENANCE44051Jointsandopenings:Openingsinthebuildingenvelopeseparatingconditionedspacelromunconditionedspaceneededtoaccomodategas.plumbing,electricallinesandothernecessarypenetrationsmustbesealedincompliancewiththeCalilarniaEnergyCodeExceptions:Annulorspacesaroundpipes,electriccables.conduitsor protectedagainstthepassageblrodentsbyclosingsuchopeningsconcretemasonryora methodacceptabletotheentorcingagency.4405CONSTRUCTIONW ASTEREDUCTION,DISPOSALANDRECYCLING44051Constructionwastereductionatatleast50percent:Recycleand/cirsalvagelorreuseaminimumat50percentorthenonhazardousconstructionanddemolitiondebris.ormeetalocalconstructionanddemolitionwastemanagementordinance.whicheverismorestringentExceptions:I2Excavatedsailandlond—clearingdebrisAlternatewastereductionmethodsdevelopedbyworkingwithlocalagenciesitdiversionorrecyclelocilitiescapableatcompliancewiththisitemdonotexistararenotlocatedreasonablyclosetothejobsite44082ConstructionWasteManagementPlan:Where0local'prisdictiandoesnothaveaconstructionanddemolitionwastemanagementardinance.aconstructionwastemanagementplanshallbesubmittedtorapprovaltotheentorcingagencythat:I 2345
Identifiesthematerialstobedivertedlromdisposalbyrecycling,reuseontheprojectorsalvagetorlutureuseorsaleSpeciliesitmaterialswillbesortedon—sileormixedfortransportationtoadiversionlacilityIdentitiesthediversioniocilitywherethematerialcollectedwillbetakenIdentitiesconstructionmethodsemployedtoreducetheamountatwastegeneratedSpecitiesthattheamountatmoterialsdivertedshallbecalculatedbyweightorvolume.butnotbyboth440821Documentation:Documentationshallbeprovidedtotheentorcingagencywhichdemonstratescompliancewithsection44052.items1through5Thewastemanagementplanshallbeupdatedasnecessaryandshallbeaccessibleduringconstructionlorexaminationbytheentorcingagency440822IsolatedJobsiles:Theentorcingagencymaymakeexceptiontotherequirementsatthissectionwhenjabsilesarelocatedinareasbeyondthehoulboundariesatthediversionlacility. 4410BUILDINGMAINTENANCEANDOPERATION44101Operationandmaintenancemanual1Atthetimeatlinalinspection,amanual,compactdisc,web—basedreleronceorothermediaacceptabletotheentorcingagencywhichincludesallorthelallawingshallbeplacedinthebuilding:1.Directionstotheowneroroccupantthatthemanualshallremainwiththebuildingthroughoutthelitecycleatthestructure2Operationandmaintenanceinstructionslorthelollowing:AEquipmentandappliances,includingwater-savingdevicesandsystems,HV ACsystems.woler—heolingsystemsandothermajorappliancesandequipmentRootandyarddrainage.includingguttersanddownspoutsspaceconditioningsystems,includingcandensorsandairlittersLandscapeirrigationsystems moon:
Waterreusesystems3 y,woterandwasterecoveryprovidersonmethodstolurtherreduceresourceconsumption,includingeyce4Publictransportationand/orcarpooloptionsavailableinthearea5Educationalmaterialanthepositiveimpactsatoninteriorrelativehumiditybetween30-60percentandwhatmethodsonoccupantmayusetomaintaintherelativehumiditylevelinthatrange6inlarmotionaboutwater—conservinglandscapeandirrigationdesignandcontrollerswhichconservewater7instructionslormaintainingguttersanddownspoutsandtheimportanceordivertingwateratleast5feetawaylromtheloundation5iniormatiananrequiredroutinemaintenancemeasure,including.butnotlimitedtocaulking,pointing,gradingaroundthebuildingetc9toAcopyatallspecialinspectionveriticationsrequiredbytheentorcingagencyorthiscode4so: FIREFLACES45031General:Anyinstalledgaslireplaceshallbeadirect-ventsealed-combustiontypeAnyinstalledwoodstavcorpelletstoveshallcomplywithUSEPAPhaseIIemissionlimitswhereapplicableWaodstaves,pelletslavesandlireplacesshallalsocomplywithapplicablelacalordinances450445041Coveringoiductopeningsandprotectionatmechanicalequipmentduringconstruction:Atthetimeatroughinstallationarduringstorageontheconstructionsiteanduntillinalstartuportheheatingandcoolingequipment,allductandotherrelatedairdistributioncomponentopeningsshallbecoveredwithtape,plastic.sheetmetalorothermethodsacceptabletotheentorcingagencytoreducetheamountatdustordebriswhichmaycollectinthesystem45042FinishmoterialpollutantcontrolFinishmaterialsshallcomplywiththissection45042I FinishmoterialpollutantcontrolAdhesives.sealantsandcountsusedonthepoecshallmeettherequirementsolthelollowingstandardsunlessmorestringentlocalorregionalairpollutionorairg ymanagementdistrictrulesapply;l Adhesives,adhesivebondingprimers,adhesiveprimers,sealants,sealantprimers.andcoulksshallcomplywithlocalorregionalairpollutioncontrolorairqualitymanagementdistrictruleswhereapplicableorSCAOMDrule1155voclimits,asshowninTable45041or45042.asapplicablesuchproductsalsoshallcomplywiththerulellsaprohibitionontheuseorcertaintoxiccompounds(chlorolorm,ethylenedichloride,methylenechloride,perchloraethyteneandtrichloroethylene),exceptloraerosolproducts.asspeciliedinsubsection2below2 Aerosoladhesives.andsmallerunitsizesatadhesives.andsealantorcaulkingcompounds(inunitsolproduct,lesspackaging,whichdonotweighmorethan1poundanddonotconsistatmorethanislluidounces)shollcomplywithstatewidevocstandardsandotherrequirements,includingprohibitionsonuseatcertaintoxiccompounds.atcalilorniocodeolRegulationsTitle17,commencingwithsection94507450422 PointsandcoatingsArchitecturalpointsandcoatingsshallcomplywithvoclimitsinTablelattheARBArchitecturalsuggestedcontrolMeasure.asshowninTable45043.unlessmorestringentlocallimitsapplyThevoccanlenllimittorcoatingsthatdonotmeetthedelinitianstorthespecialtycoatingscategorieslistedinTable45043shallbedeterminedbyclossilyingthecoolingasaFlat.Non?atorNonllat—l-tighGlosscoating,basedonitsglass.asdelinedinsubsections421,435,and437atthe2013caiilarniaAirResourcesBoard,suggestedcontrolllleosure,andthecorrespondingFlat.NontlotorNanllal-l-lighclassvoclimitinTable45043shallapply.450423 AerosolpaintsandcoatingsAerosolpaintsandcoatingsshallmeettheProduct—WeightedMIRlimitstorRocinsection94522(o)(3)andotherrequirements,includingprohibitionsonuseatcertaintoxiccompoundsandozonedepletingsubstances,inSection94522(c)(2)and(d)(2)atcalilorniacodeolRegulations,TitleI7.commencingwithsection94520;andinareasunderthejurisdictionoitheBayAreaAirauolilyManagementDistrictadditionallycomplywiththepercentvocbyweightorproductlimitsatRegulations5.Rule49A50624 VeriticatianVerilicatianatcompliancewiththissectionshallbeprovidedattherequestoltheentorcingagencyDocumentationmayinclude,butisnotlimitedto,thelallowing:l Manulacturer'sproductspecilication2 Fieldverilicationoion—siteproductcontainers45043 CarpetSystemsAllcarpetinstalledinthebuildinginteriorshallmeetthetestingandproductrequirementsatoneatthelollowing1 carpetscRuglnstitute'sGreenLabelPlusProgram2 colitorniaDepartmentatPublicHealthstandardPracticetorthetestingatvocs(speciticatian01350)3 NSF/ANSI140atthecoldlevel4 scientiliccertilicationssystems‘indoorAdvantageGold 450431CarpetCushionAllcarpetcushioninstalledinthebuildinginteriorshallmeettherequirementsatthecarpetandRugInstituteGreenLabelProgram450432 CarpetAdhesiveAllcarpetadhesiveshallmeettherequirements0!Table45041 45044 Resilientlloaringsystemwhereresilientlloaringisinstalled,atleast50percentollloorarchreceivingresilientlloaringshallcomplywiththevocemissionlimitsdelinedinthecollaborativetorhighperlormanceschools(CHPS)Low—amittingMaterialsListorcertiliedundertheresilientFloorcoveringinstitute(Rrcl)F|oarScareprogram 45045 compositewoodproductsHardwoodplywood,particleboardandmediumdensityliberbaardcompositewoodproductsusedantheinteriororexterioratthebuildingshallmeettherequirementstorlarmaldehydeasspeciliedinARB'sAirToxicscontrolMeasurelorcompositewood(17ccR93120atsea),byorbelarethedatesspeciliedinthosesections.asshowninTable45045450451DocumentationverilicationorcompliancewiththissectionshallbeprovidedasrequestedbytheenlorcingagencyDocumentationofthelollawing:l Productcertilicationsandspeciiicotians2 chainatcustodycertilications3 othermethodsacceptabletotheentorcingagency4505INTERIORMOISTURECONTROL45052 concreteslablaundatiansconcreteslabloundotiansrequiredtohaveavaporretarderbycolilornioBuildingCode,ccR,title24,Part2.chapter19,shallalsocomplywiththissection450521CapillarybreakAcapillarybreakshallbeinstalledincompliancewithatleastoneatthelollowing:l. A4-inch(101.5mm)thickbaseatisinch(127mm)orlargercleanaggregateshallbeprovidedwithavaporbarrierindirectcontactwithconcreteandaconcretemixdesign,whichwilladdressbleeding,shrinkage,andcurling,shallbeusedForadditionalinformation,seeAmericanconcreteinstitute,Act3022R—062 otherequivalentmethodsapprovedbytheentorcingagency.3 Aslabdesignspeciliedbyalicenseddesignprolessianai 45053 MaisturecontentorbuildingmaterialsBuildingmaterialswithvisiblesignsatwaterdamageshallnotbeinstalledWallandlloorlromingshallnotbeenclosedwhenthelromingmembersexceed19percentmoisturecontentMoisturecanlenlshallbeveriticdincompliancewiththetallawing21 Moisturecontentshallbedeterminedwitheitheraprabe—typemoisturemeter2 Moisturereadingsshallbetakenatapaint2reel(510mm)to4leel(1219mm)lrornthegradestampedendateachpiecetobeveri?ed3 Atleastthreerandommoisturereadingsshallbeperlormedonwallandlloorlromingwithdocumentationacceptabletotheentorcingagencyprovidedatthetimeatapprovaltoenclosethewallandlloorlrominginsulationproductswhicharevisiblywetorhaveahighmoisturecontentshallbereplacedorallowedtodrypriortoenclosureinwallorlloorcavitieswet-appliedinsulationproductsshalliollowthemonuraclurer'sdryingrecommendationspriortoenclosure 4505 INDOORAlRQUALITYANDEXHAUST45051BathroomexhaustionsMechanicalexhausttanswhicheilhaustdirectlyfrombathroomsshallcomplywiththeIollowing:1 FansshallbeENERGYSTARcamplaintandbeductedtoterminateoutsidethebuilding2 Unlesslunclianingas0componentatawholehouseventilationsystem.tonsmustbecontrolledbyahumidistatwhichshallbereadilyaccessiblet-lumidistotcontrolsshallbecapableoladjustmentbetweenarelativehumidityrangeor50to50percentNote:Forthepurposesatthissection,abathroomisaroomwhichcontainsabathtub,showerortub/showercombination 4507 ENVIRONMENTALCOMFORT45071 OpeningsWholehouseexhaustlansshallhaveinsulatedarcoverswhichclosewhenthetanisallCoversar45072 HeatingandAir—conditioningsystemdesignHeandair—canditianingsystems,shallbesized,designedandhavetheirequipmentselectedusingthelotmethods:l TheheatlossandheatgoinisestablishedaccordingtoACCAManualJ,ASHRAEhandbooksorotherequivalentdesignsoltwareor methods2 DuctsystemsaresizedaccordingtoAccA29-0ManualD.ASHRAEhandbooksorotherequivalentdesignsoltwareorpnethads3 SelecthealingandcoolingequipmentaccordingtoACCA35-5Manual5orotherequivalentdesignsoltwareormethodsException:useatalternatedesigntempraluresnecessarytoensurethesystemslunction
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6.B
ATTACHMENT 3
Section 16.34.040 Emergency sleeping cabins.
A. General. Emergency sleeping cabins shall have an interior floor area of not less than 70 square feet (6.5 m2) for one occupant. Where more than one person occupies the cabin, the required floor area shall be increased at the rate of 50 square feet (4.65 m 2) for each occupant in excess of one. The interior floor area shall not exceed 400 square feet (37 m2), excluding lofts.
B. Live loads. Emergency sleeping cabins shall be designed to resist intrusion of wind, rain, and to support the following live loads:
1. Floor live loads not less than 40 pounds per square foot (1.92 kPa) of floor area.
2. Horizontal live loads not less than 15 pounds per square foot (718 Pa) of vertical wall and roof area.
3. Roof live loads not less than 20 pounds per square foot (958 Pa) of horizontal roof area.
4. In areas where snow loads are greater than 20 pounds per square foot (958 Pa), the roof shall be designed and constructed to resist these additional loads.
C. Minimum ceiling height. Habitable space and hallways in emergency sleeping cabins shall have a ceiling height of not less than 80 inches (2032 mm). Bathrooms, toilet rooms, and kitchens, if provided, shall have a ceiling height of not less than 76 inches (1930 mm). Obs tructions shall not extend below these minimum ceiling heights including beams, girders, ducts, lighting and other obstructions.
Exception: Ceiling heights in lofts constructed in accordance with Section N108 are permitted to be less than 80 inches (2032 mm).
D. Means of egress. Emergency sleeping cabins shall be provided with at least two forms of egress placed remotely from each other. One form of egress may be an egress window complying with Section O104.4.1. When a loft is provided, one form of egress s hall be an egress window complying with Section O104.4.1, provided in the loft space.
E. Egress window. The bottom of the clear opening of the egress window shall not be more than 44 inches (1118 mm) above the floor. The egress window shall have a minimum net clear opening height of 24 inches (610 mm), and a minimum net clear opening width of 20 inches (508 mm). The egress window shall have a minimum net clear opening area of 5 square feet (0.465 m2).
F. Plumbing and gas service. If an emergency sleeping cabin contains plumbing or gas service, it shall comply with all applicable requirements of the California Plumbing Code and the California Mechanical Code.
G. Electrical. Emergency sleeping cabins shall be provided with all of the following installed in compliance with the California Electrical Code:
1. Continuous source of electricity.
6.B
Exception: The source of electricity may be solar power or emergency generator.
2. At least one interior lighting fixture.
3. Electrical heating equipment listed for residential use and a dedicated receptacle outlet for the electrical heating equipment.
Exception: Electrical heating equipment and a dedicated receptacle outlet for said equipment are not required if a nonelectrical source of heat is provided.
4. At least one GFCI-protected receptacle outlet for use by the occupant(s).
H. Ventilation. Emergency sleeping cabins shall be provided with means of ventilation (natural and/or mechanical) allowing for adequate air replacement, as determined by the enforcing agency.
I. Smoke alarms. Emergency sleeping cabins shall be provided with at least one smoke alarm installed in accordance with the California Residential Code, Section R314.
J. Carbon monoxide alarms. If an emergency sleeping cabin contains a fuel -burning appliance(s) or a fireplace(s), a carbon monoxide alarm shall be installed in accordance with the California Residential Code, Section R315.
6.B
City of HemetCalifornia
Proclamation
National Police Week & Peace Officers Memorial Day
WHEREAS, in 1963 the Congress of the United States and President John F. Kennedyproclaimed May 15 as Peace Officers Memorial Day, and the week in which it falls asNational Police Week; and WHEREAS, there are approximately 800,000 law enforcement officers serving incommunities across the nation, including our loyal officers of the City of Hemet PoliceDepartment; and WHEREAS, the members of the City of Hemet Police Department play a critical role insafeguarding the rights and freedoms of the citizens of Hemet; and WHEREAS, it is important all citizens recognize the duties of their law enforcementagencies which includes protecting the innocent against violence, deception and theweak against oppression or intimidation; and WHEREAS, it is fitting and proper that we express our gratitude for the dedicatedservice and courageous deeds of law enforcement officers and for the contributions theyhave made to the well-being of our people; and NOW, THEREFORE, Mayor Malcolm Lilienthal, along with the Hemet City Council dohereby proclaim May 15, 2022 as Peace Officer Memorial Day and the week of May 15,2022 as National Police Week and calls upon all citizens of the City of Hemet tocommemorate law enforcement officers, past and present, who have rendered adedicated service to their communities and, in doing so, have established for themselvesan enviable and enduring reputation for preserving the rights and security of allcitizens.
Presented May 10, 2022
Malcolm Lilienthal, Mayor
Karlee Meyer, Mayor Pro Tem
Russ Brown, Council Member
Linda Krupa, Council Member
Joe Males, Council Member
13.A
13.B
13.C
13.D
Malcolm Lilienthal, Mayor
Karlee Meyer, Mayor Pro Tem
Russ Brown, Council Member
Linda Krupa, Council Member
Joe Males, Council Member
WHEREAS, The Love Foundation, Inc., a non-profit organization, has announced GLOBALLOVE DAY to facilitate in establishing LOVE & PEACE on our planet; and WHEREAS, GLOBAL LOVE DAY will establish a worldwide focus towards "unconditionallyloving each other as we love ourselves"; and WHEREAS, we are One Humanity on this planet; and
WHEREAS, all life is interconnected and interdependent; and WHEREAS, all share in the Universal bond of love; and
WHEREAS, love begins with self-acceptance and forgiveness; and WHEREAS, with respect and compassion we embrace diversity; and WHEREAS, together we make a difference through love; and WHEREAS, The Love Foundation, Inc. invites mankind to declare May 1, 2022 as GLOBALLOVE DAY, a day of forgiveness and unconditional love. GLOBAL LOVE DAY will act as amodel for all of us to follow, each and every day.
NOW THEREFORE, Malcolm Lilienthal, Mayor of Hemet, along with the Hemet City Council,proclaim May 1st 2022 as:GLOBAL LOVE DAY in the City of Hemet and invite all citizens to observe this day, which honors the public cause forGlobal Love, World Peace, and Universal Joy.
City of HemetCalifornia
Proclamation
Presented MAY 10, 2022
Global Love Day
13.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - May 10 2022
Department: Finance
Submitted by: Christopher Lopez, City Manager
Lorena Rocha, Finance Director;
☒ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
The City of Hemet Warrant Registers Dated March 24, 2022, in the amount of $966,443.90, March 28, 2022, in the amount of $103,636.32 and April 7, 2022, in the amount of $2,035,301.05; the Payroll Periods of March 7, 2022 - March 20, 2022, in the amount of $729,271.45 and March 21, 2022 - April 3, 2022, in the amount of $1,104,514.54.
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Receive and file the City of Hemet Warrant Registers.
BACKGROUND:
The City of Hemet Warrant Registers Dated March 24, 2022, in the amount of $966,443.90, March 28, 2022, in the amount of $103,636.32 and April 7, 2022, in the amount of $2,035,301.05.
The Payroll Periods of March 7, 2022 - March 20, 2022, in the amount of $729,271.45 and March 21, 2022 - April 3, 2022, in the amount of $1,104,514.54.
ANALYSIS:
In this month's warrant register the following payment was in excess of $500,000.00.
Check # Vendor Amount Description 200256 Kaiser Foundation Health Plan $761,811.11 Medical Insurance Active Employees
Medical Insurance for Active Employees for March and April 2022.
STRATEGIC PLAN INTEGRATION:
14.A
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):
VOUCHER LISTING 03_24_22
VOUCHER LISTING 03_28_22
voucher list 04_07_22
14.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - May 10 2022
Department: Administration
Submitted by: Christopher Lopez, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Approve City Council Member Brown as the Primary Delegate and Human Resources Manager Norma Rangel as the Alternate Voting Delegate for the California Joint Powers Insurance Authority (CJPIA) Annual Board of Directors Meeting Held on July 20, 2022
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve City Council Member Brown as the Primary Delegate and Human Resources Manager Norma Rangel as the Alternate Voting Delegate for the California Joint Powers Insurance Authority ( CJPIA) Annual Board of Directors Meeting Held on July 20, 2022.
BACKGROUND:
On April 14, 2020, at a Regular City Council Meeting, the City Council reaffirmed its interest in taking a more proactive approach toward risk management through membership with the California Joint Powers Insurance Authority (CJPIA).
The California Joint Powers Insurance Authority (CJPIA) will hold its Annual Board of Directors Meeting on Wednesday, July 20, 2022, at 7 p.m. in La Palma, California. Multiple alternates may be designated, including elected officials or staff members from the City of Hemet.
On January 11, 2022, Regular City Council Meeting, the City Council appointed Council Member Brown as the primary delegate and Mayor Pro Tem Meyer as the alternate delegate. Mayor Pro Tem Meyer will not be available to attend the Annual Board of Director's Meetin on Wednesday, July 20, 2022, at 7:00 p.m. in La Palma, California.
On September 28, 2021, Regular City Council Meeting, the City Council approved the appointment of Finance Director Lorena Rocha as an alternative voting delegate in the absence of Council Member Brown and Mayor Pro Tem Meyer.
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ANALYSIS:
The Annual Board of Directors Meeting typically includes the annual report as well as updates on the strategic plan and overall operations.
DISCUSSION:
The JPIA is seeking certification of the primary voting delegate and alternates to represent the City of Hemet at the California Joint Insurance Authority Board of Directors meeting on Wednesday, July 20, 2022, at 7 p.m. in La Palma California. Council Member Russ Brown is the primary voting delegate on behalf of the City Council of the City of Hemet.
If the primary d elegate is unavailable to attend the California Joint Insurance Authority Board of Directors Meeting on July 20, 2022, staff recommends assigning Human Resources Manager Norma Rangel as a voting alternate to attend.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
There is no fiscal impact.
ALTERNATIVE(S):
The City Council may select a voting alternate to represent the City of Hemet.
ATTACHMENT(S):
Attachment 1: Certification of Agency Voting Delegate Form 2022 FINAL
15.A
2022 ANNUAL BOARD OF DIRECTORS MEETING
VOTING DELEGATE/ALTERNATE FORM
On an annual basis, the California JPIA asks members to update their information in order that we may better serve you. If you have had a reorganization, please forward us your Notice of Reorganization with your current governing body and your list of Appointments for the California JPIA Director and Alternate(s), along with this form. In accordance with the Authority’s Bylaws, your governing body must designate one voting delegate and at least one alternate. You may designate additional alternates. The voting delegate must be a member of the governing body. Alternate(s) may be from the governing body or from staff.
Please note: In order to vote at the Annual Board of Directors Meeting, voting delegates and alternates must be designated by your governing body. Please attach either your appointment list or minute action as proof of designation. As an alternative, your agency may sign this form, affirming that the designation reflects the action taken by the governing body.
1. VOTING DELEGATE - PRIMARY
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:
Title: Title:
If you have more than two alternates, please attach a separate sheet.
PLEASE ATTACH APPOINTMENT LIST DESIGNATING VOTING DELEGATE AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the governing body to designate the voting delegate and alternate(s).
Name: Title: ______________________________
Email: ___ Phone: ________________________
Signature: Date: ______________________________
Please complete and return to:
By Mail: By Email:
California JPIA E-mail: [email protected]
ATTN: Veronica Ruiz
8081 Moody Street
La Palma, CA 90623
If you have questions or need assistance with the Board of Directors Certification or updating your governing body information, please contact Agency Clerk Veronica Ruiz at (562) 467-8736 or [email protected] .
8081 Moody Street, La Palma, CA 90623 | www.cjpia.org | (562) 467-8700 AGENCY:
15.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - May 10 2022
Department: Information Technology
Submitted by: Christopher Lopez, City Manager
Scott Underwood, IT Operations/Network System Supervisor;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, to Approve an Agreement with VPLS for Firewall System Replacement in the Amount of $154,413.08, Authorize the Finance Director to Record a Supplemental Appropriation in the Amount of $162,1 33.73; and Authorize the City Manager to Execute the Agreement, Purchase Orders, and all Other Supporting Documents Related to the Agreement
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Counc il of the City of Hemet, California, to approve an Agreement with VPLS for firewall system replacement in the amount of $154,413.08, authorize the Finance Director to record a Supplemental Appropriation in the amount of $162,133.73; and authorize the City Manager to execute the Agreement, purchase orders, and all other supporting documents related to the Agreement.
BACKGROUND:
Due to the sensitive nature of the scope of work and very real threat of intentional attacks on city systems, certain portions of this proposal have been omitted to protect city operations. All proposals are on file with the City Clerk's office.
The City of Hemet's current firewall system was purchased in Fiscal Year 2012/2013.
This system provides front-line security between City of Hemet operations and threats associated with the Internet and internally. This system has been in operation 24 hours a day, seven days a week, 365 days a year for the past nine years.
During June 2020, the City was notified of the upcoming end -of-support of our current firewall system in 2022.
ANALYSIS:
15.B
After end-of-support, existing hardware will no longer be covered under existing replacement terms.
Additionally, critical security vulnerabilities will remain vulnerable to exploitation.
Due to liability and security concerns, many of our City Departments and Divisions cannot utilize hardware and software solutions beyond their end -of-support. Additionally, the use of end -of-support solutions impacts our ability to obtain insurance coverage.
On October 19, 2021, the City of Hemet contracted with ClientFirst Technology Consulting LLC (ClientFirst) to assist with a vendor-agnostic review of our current firewall system. With that information, ClientFirst created a request for proposal (RFP) for a replacement firewall system. That RFP was released on January 12, 2022.
Through the RFP process, the City yielded a total of five firewall options from four different vendors utilizing three different Firewall manufacturers.
Novacoast
Check Point
(6200)
VPLS FortiGate
(201F)
VPLS FortiGate
(1101E)
MGT FortiGate
(201F)
Nth Generation
Palo Alto (3220)
$381,036.55 $154,413.08 $591,839.45 $165,295.00 $820,291.88
All of the options were reviewed by ClientFirst and City Staff. Of the five solutions, the FortiGate 201F firewall system solution provided by VPLS met all the requirements of the RFP and was also the lowest bidder.
DISCUSSION:
The use of Internet -connected devices and services continues to grow each year. This use expands equally by our citizenry and staff. The public demand for instant access to services includes services provided by their government. While the use of the Inter net brings exciting opportunities to enhance City services, it also opens those services to threats that can have a debilitating effect on our ability to provide them.
Our ability to protect City operations from internal and external threats is fundament al to providing reliable public services. Many of our new employees have never had the experience of working without the assistance of technology. Unfortunately, our ability to perform these services at any level without the aid of technology lessens with every passing year.
Without moving forward on replacing our firewall system, strategic goals related to enhancing customer service and streamlining processes are also in jeopardy of not being fully implemented. These include:
• ORGANIZATIONAL EFFECTIVENESS:
• Objective: Evaluate existing practices to ensure continuity with industry best practices. • Action Item: Evaluate the IT function and future needs. • Action Item: Identify new technologies to assist with law enforcement / public safety. • PARTNERING & COLLABORATION:
• Objective: Develop programs to offer support to the community’s businesses.
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• Action Item: Develop a “one -stop shop” in City Hall for processing of all business -related documents.
• ECONOMIC OPPORTUNITY:
• Objective: Develop business practices that welcome new development by streamlining processes.
• Objective: Provide resources to help new businesses to enhance the customer service experience.
• Action Item: Develop a one-stop permitting system by using technology. • Action Item: Maximize the use of virtual inspections to minimize delays to the public. • Action Item: Develop concierge service to enhance the customer service experience.
With this information in mind, City Staff asks that City Council consider th e information presented and consider adopting the attached resolution.
PREVIOUS COUNCIL ACTION:
On December 8, 2020, City Council directed staff to explore other options related to the replacement of the City’s firewall system and extend basic support and licensing thru September 30, 2021.
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.
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
The proposed action aligns with Council adopted Strategic Action Item: Evaluate the IT function and future needs.
FISCAL IMPACT:
Funding for this agreement in the amount of $154,413.08 will come from a supplemental budget appropriation from Information Technology fund balance (Fund No. 680). The budget appropriation request includes an additional 5% contingency of $7,720.65. Therefore, the total supplemental budget appropriation for this project is $162,133.73.
ATTACHMENT(S):
Attachment 1: Firewall Resolution
Attachment 2: VPLS_PROPOSAL
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City of Hemet Resolution No. 2022-XXX
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING AN
AGREEMENT WITH VPLS FOR FIREWALL SYSTEM
REPLACEMENT IN THE AMOUNT OF $154,413.08;
AUTHORIZE THE FINANCE DIRECTOR TO RECORD A
SUPPLEMENTAL APPROPRIATION IN THE AMOUNT
OF $162,133.73; AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE AGREEMENT,
PURCHASE ORDERS AND ALL OTHER SUPPORTING
DOCUMENTS RELATED TO THIS AGREEMENT.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet’s existing firewall system was purchased in 2012/2013 and official expiration of support and licensing is scheduled for June 2022; and
WHEREAS, the City of Hemet conducted a vendor-agnostic review and procurement assistance process with ClientFirst Consulting Group, LLC to evaluate our existing firewall solution, create a proposal for replacement firewall solutions and assist in their evaluation; and
WHEREAS, a request for proposal was released for public bid on January 12, 2022 that yielded five firewall system options from four different vendors utilizing three different manufacturers;
WHEREAS, an evaluation of the proposed solutions was conducted by ClientFirst Consulting Group LLC and City of Hemet Information Technology Staff; and
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City of Hemet Resolution No. 2022-XXX
WHEREAS, all proposed solutions are on file with the City Clerk’s office; and WHEREAS, the results of the evaluation concluded that the solution provided by VPLS both met all requirements stated in the request for proposal and was the lowest cost at $154,413.08; and
WHEREAS, City Staff request a five percent contingency in the amount of $7,720.65 be added to the replacement cost submitted in the agreement by VPLS; and
WHEREAS, the City Council finds that an agreement with VPLS for firewall system replacement meets the strategic plan goal of promoting Organizational Effectiveness by evaluating the I.T. function and future needs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2. City Council Actions.
a) The Finance Director, or her designee, is authorized to record a supplemental appropriation utilizing information technology fund balance (Fund No. 680) for the purchase of a replacement firewall solution in the amount of $162,133.73.
b) The City Manager, or his designee, is authorized and directed to execute any purchase orders, agreements, or other documents necessary to effectuate the purchase of a replacement firewall solution with VPLS in an amount not to exceed $162,133.73 in aggregate, so long as such purchase
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City of Hemet Resolution No. 2022-XXX
orders, agreements, or other documents are in a form approved by the City Attorney.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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15.B
Prepared by:
VPLS
Daniel Seah
[email protected]
Prepared for:
City of Hemet
Christopher Lopez
[email protected]
We have prepared a quote for you
City of Hemet - 201F Firewall Refresh from Checkpoint
Quote # VPLS-031234
Version 2
15.B
https://www.vpls.com
888-365-2656
Saturday, April 30, 2022
City of Hemet
Christopher Lopez
445 E Florida Ave
Hemet, CA 92543
[email protected]
Dear Christopher,
Thank you for your inquiry. We are pleased to provide you with this quote.
Unless another VPLS contract form is noted, this quote is subject solely and exclusively to the VPLS Terms and Conditions attached hereto and incorporated by this reference herein. These Terms contain the entire understanding of the parties with respect to the sale of product contained within this quote and supersede all prior communications between the parties, regardless of form. In no event shall pre-printed terms on any customer document (PO, confirmation, etc.) modify or add to the VPLS Terms referenced herein.
VPLS Locations:
LA1 1200 W. 7th St. , Los Angeles, CA
LA2 600 W. 7th St. , Los Angeles, CA
LAX 2260 E. El Segundo Blvd, El Segundo, CA
SNA 1400 South Grand Avenue Santa Ana, CA
EM1 1400 65th Street Suite 150, Emeryville, CA
SV7 534 Stockton Ave, San Jose, CA
DA1 2800 Summit Ave, Plano, TX
PX1 2500 West Union Hills Drive, Phoenix, AZ
DC1 1807 Michael Faraday Court, Reston, VA
IAD2 21701 Filigree Court, Building D, Ashburn, VA
SIN1 Tai Seng Avenue, Singapore, SG
HKG1 43 Container Port Road, Kwai Chung, HK
Daniel Seah
VPLS
Page: 2 of 6Page 9 of 45
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https://www.vpls.com
888-365-2656
Hardware
Description Price Qty Ext. Price
FG-201F 18 x GE RJ45 (including 1 x MGMT port, 1 X HA port, 16 x switch ports), 8 x GE SFP slots, 4 x 10GE SFP+ slots, NP6XLite and CP9 hardware accelerated, 480GB onboard SSD storage.
$3,983.26 6 $23,899.56
FC-10-F201F-
950-02-60
FortiGate-201F 5 Year Unified Threat Protection (UTP) (IPS, Advanced Malware Protection, Application Control, Web & Video Filtering, Antispam Service, and 24x7 FortiCare)
$14,439.36 6 $86,636.16
SP-CABLE-FS-
SFP+3
10GE SFP+ Passive Direct Attach Cable, 3 m for Systems with SFP+ and SFP/SFP+ slots
Qty 4x per HA pair to connect each pair to WAN switch and LAN switch (switches not included in quote)
$81.78 12 $981.36
FC1-10-M3004-
248-02-60
FortiManager - VM Support 5 Year 24x7 FortiCare Contract (1 - 10 devices/Virtual Domains)
$1,478.32 1 $1,478.32
FMG-VM-10-
UG
Upgrade license for adding 10 Fortinet devices/Virtual Domains; allows for total of 2 GB/Day of Logs and 200 GB storage capacity. $723.44 1 $723.44
FC1-10-AZVMS
-465-01-60
FortiAnalyzer-VM Subscription License with Support 5 Year Subscription license for 5 GB/Day Central Logging & Analytics.
Include 24x7 FortiCare support, IOC, SOC subscription, and FortiGuard Outbreak Detection service.
$3,617.16 1 $3,617.16
Subtotal: $117,336.00
Training
Description Price Qty Ext. Price
FT-FGT-SEC NSE 4/FortiGate Security and Certification Training - 3 days $2,900.00 2 $5,800.00 Subtotal: $5,800.00
Professional Services
Description Price Qty Ext. Price
VPLS-Fixed Fee
Service
Fixed Project and SOW Fee
Fixed fee labor for service or project work.
$29,100.00 1 $29,100.00
Note: Please review the scope of work on the back of the proposal Subtotal: $29,100.00
Page: 3 of 6Page 10 of 45
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https://www.vpls.com
888-365-2656
Shipping
Description Qty
VSOL - Shipping TBD 1
Page: 4 of 6Page 11 of 45
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https://www.vpls.com
888-365-2656
City of Hemet - 201F Firewall Refresh from Checkpoint
Quote Information: Prepared for: Prepared by:
Quote #: VPLS-031234 City of Hemet VPLS
Version: 2
Delivery Date: 04/29/2022
Expiration Date: 05/15/2022
445 E Florida Ave
Hemet, CA 92543
Christopher Lopez
[email protected]
Daniel Seah
Fax 866-599-9593
[email protected]
Quote Summary
Description Amount
Hardware $117,336.00
Training $5,800.00
Professional Services $29,100.00
Subtotal: $152,236.00
Estimated Tax: $2,177.08
Total: $154,413.08
Payment Options
Description Payments Interval Amount
Term Options
Net 30 1 One-Time $154,413.08
Summary of Selected Payment Options
Description Amount
Term Options: Net 30
Total of Payments $154,413.08
Shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
By signing, I affirm that I am authorized to sign for purchases on behalf of my organization.
Page: 5 of 6Page 12 of 45
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https://www.vpls.com
888-365-2656
VPLS City of Hemet
Signature:
Name: Daniel Seah
Title:
Date: 04/29/2022
Signature:
Name: Christopher Lopez
Title: City Manager
Date:
Page: 6 of 6Page 13 of 45
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STATEMENT OF WORK
City of Hemet
Firewall Upgrades and Installation
Services
PREPARED FOR
City of Hemet
PREPARED BY
John Headley, CISSP
Fortinet NSE8 #003155
Wednesday, February 23, 2022
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www.vpls.com
(888) 365-2656
15.B
Base VPLS MSA SLA.docx 1
VPLS
MASTER SERVICES AGREEMENT
TERMS AND CONDITIONS
This Master Services Agreement (“MSA”) is entered as of the date as set forth per this contract above by and between VPLS, Inc. (“Company” ) and __________________ (“Customer”) listed above and contains the general terms and conditions applicable to the purchases of services from the Company (“Services ”). Company and Customer are each referred to as a “ Party” and are collectively referred to as the “ Parties .” The agreement among the Parties consists of th is Agreement (including, without limitation, the Company Master Services Agreement Terms and Conditions herein below), Signed Order Form(s) and all Service Level Agreements that are entered into by the Parties on, as of or after the date of this Agreement (collectively referred to as the “ Agreement ”).
Effective Date: Set forth per Signed Order Form
Service Commencement Date: Defined in the Proposal
Premises Covered: 1400 65th Street Suite 150 Emeryville, CA 94608 534 Stockton Avenue San Jose, CA 95126
600 W. 7th Street Los Angeles, CA 90017
2800 Summit Avenue Plano, TX 75074
2500 W. Union Hills Drive Phoenix, AZ
1807 Michael Faraday Ct. Reston, VA 20190
2260 East El Segundo, Los Angeles, CA
2600 West Germann Road, Chandler, AZ 85286
1400 South Grand Avenue, Santa Ana, CA 92705
3375 Koapaka Street Suite D-198, Honolulu, HI 96819
3080 Raymond St. Santa Clara, CA 95054
Definitions
• “Signed Order Form” shall mean a quote for service that has been signed by Custo mer and countersigned by Company ;
• “Service Level” shall mean a defined operational standard against which the current service is measured;
• “Initial Term” shall mean the term, as measured in months, of the Signed Order Form; • “Affiliates” shall mean an y business equity in which EvoDC, LLC or VPLS, Inc. has an ownership interest in or with which EvoDC, LLC or VPLS, Inc. has an affiliation , including , but not limited to, the following:
• EvoDC, LLC.
• SWITCH & DATA CA TWO, LLC.
• Evocative – Cyberverse, LLC.
• EVODC Garland, LLC.
• Evocative, Inc.
• Fiber Internet Center, LLC.
• Cyberverse, Inc.
• Krypt Technologies, DBA VPLS, Inc.
• VPLS Solutions, LLC.
• ZR Systems Group LLC
• EVODC Raymond LLC
• EVODC McKinney Data Center, LLC
• VPLS Chappaqua, LLC
• “Customer Materials” means any documents, data, know -how, methodologies, software and other materials provided to the Company by Customer, including computer programs, reports, and specifications.
• “Deliverables” means all documents, work product and othe r materials that are delivered to Customer hereunder and prepared by or on behalf of Company in the course of performing the Services , including any items identified as such in a Signed Order Form or Service Level Agreement.
• “Pre-Existing Materials ” mean s all documents, data, know -how, methodologies, software and other materials, including computer programs, reports and specifications, provided by or used by
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Base VPLS MSA SLA.docx 2
Company in connection with performing the Services , which are developed by Company prior to commen cement or inde pendently of this Agreement.
• “Services” means any professional or other services to be provided by Company under this Agreement, Service Level Agreements, and/or Signed Order Forms entered into by the parties and attached to this Agreement.
You engage Company to provide the Services set forth in the Service Level Agreements attached hereto .
1. Scope of Agreement.
a) General . Subject to the terms and conditions of this Agreement, Company will provide the Services to Customer based on each Service Level Agreement selected by Customer and executed pursuant to a Signed Order Form (each an “SLA” and collectively the “SLAs”). b) Service Level Agreements . Each SLA shall be effective and incorporated into this Agreement when (or as of the date) mutually agreed upon and duly executed by the Parties. Each Service Level Agreement shall be dated for identification and include a detailed description of the Services to be performed.
c) Service Delivery. Requests for Services will be on Company orders (each such order that is signed and date, a “Signed Order Form”) stating the pricing and (if and as applicable) the term (“Service Term”) for which Services are requested. A Signed Order Form will be executed and delivered about each type of Services requested, and by signing and delivering the Signed Order Form the Customer shall be deemed to have executed and delivered the SLA corresponding with the Service s requested pursuant to the Signed Order Form (which corresponding SLA will be deemed incorporated in full in such Signed Order Form by reference as if fully set forth therein). Unless otherwise indicated on the Signed Order Form, the Service will continue for a term equal to the term on the Signed Order Form at the expiration of the Service Term at Company’s then current rates. Company will notify Customer electronically or in writing (a) of acceptance of the Customer ’s Signed Order Form by delivering the estimated date by which Company will install or provide the Service and (b) when Service is installed or provided, at which time billing will commence (“Service Commencement Date”). Unless Customer notifies Company within three (3) days of the Service Commencement Date that Service is not working properly, the Service will be deemed accepted . The billing for the Service will then commence on the Service Commencement Date. In some circumstances, not all of the Services may be delivered on the Service Commencement Dat e. In these cases, unless the Customer notifies Company within three (3) days of the Service Commencement Date that the portion of the Services installed is not working, the installed portions of the Service wi ll be deemed accepted. The billing for the portion of the Service installed will then commence on the Service Commencement date. If Company cannot complete installation due to Customer delay or inaction, Company may begin charging Customer for the Servic e and Customer shall pay such charges on the date that the installation would have been completed except for the Customer delay or inaction. The term of the contract begins upon delivery and acceptance of all items in the applicable Signed Order Form.
2. Serv ice Levels; Support Services.
a) Commitments . The Service level commitments (“Service Levels”) for Services are stated in the applicable SLA for each Service. Maintenance of the Service may result in limited Service interruptions.
Company may (among other reasons) suspend the Services to carry out periodic or non -routine maintenance or upgrade work on the network or its equipment , or to the facility infrastructure and/or equipment. Company reserves the right to perform emergency maintenance as needed. Periods of force majeure and maintenance (including emergency, routine or any other maintenance performed by Company ) are “Excused Outages.” Notwithstanding anything contained herein (or in any SLA or Signed Order Form) to the contrary, Customer shall not be entitled to any credit or compensation whatsoever in the event of any interruption of Service or failure to meet Service Levels due to or because of Excused Outages .
b) Credits . If Company does not meet a Service Level (based on the records of Company ) applicable service credits will be issued upon Customer’s request to Company’s Customer Service. Credits must be requested within 5 days after the event -giving rise to the credit. Customer's sole remedies for any
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Base VPLS MSA SLA.docx 3
outages, failures to deliver or defects in Service are contained in the Service Levels (if any ). c) Support Services . Company will provide 24/7 customer and technical support services to Customer via e-mails sent to [email protected] and or [email protected] through submissions and telephone through calls made to (888) 365 - 2656. Company will be required to respond to support requests in accordance with the provisions of the SLAs.
d) Change of Services . Changes to the Services provided by Company will be reflected in additional Service Level Agreements (or amendments to SLAs) duly executed by the Parties. Such additional Service Level Agreements (or amendments to SLAs) shall fully document the impact of such changes on existing SLAs and pricing information for the Services reflected therein.
3. Fees and Payment Schedule.
a) Charges . Invoices/rents are delivered monthly. Invoices are due upon receipt (the “ Payment Date”) of the month in which services will be rendered. Fixed charges are billed in advance and usage -based charges are billed in arrears; partial months being prorated. Standard charges of Company apply to moves, adds or changes agreed to by Company . Past due amounts bear interest at the lesser of 5% per month or the highest rate allowed by law. Customer agrees to pay all Service charges, even if incurred as the result of unauthorized use. In the event Customer does not remit payment of all amounts due under a n invoice within five (5) business days following the Payment Date, Company may, at its discretion, cease providing Services to Customer without any notice, including without limitation (if and as applicable, access to the facility, and, or premises). In the event Customer does not remit payment of all amounts due under an invoice by the tenth (10) day following the Payment Date, Company may, at its discretion, assert a possessory lien on and maintain possession of all Customer equipment as c ollateral for amounts owed . As security for the obligations of Customer under this Agreement, including without limitation amounts owed under this Agreement, Customer agrees and hereby grants to Company a continuing security interest in all of Customer's e quipment. Company may take all such action as necessary to perfect (or continue to perfect) Company’s security interest in Customer's equipment, including without limitation, the filing of financing statements, and Customer shall assist Evocative and execu te any further instruments as Company reasonably requests to perfect (or continue to perfect) Company 's security interest or to effect the purposes of this Agreement.
b) Disputes and Related Matters . If Customer disputes an invoice, Customer will pay the undi sputed amount by the due date and submit written notice of the disputed amount detailing the nature of the dispute and the invoices disputed. Disputes must be submitted within 30 days of the date of the invoice or the right to dispute is waived , and a dispute will not be deemed validly made in accordance with the terms hereof unless accompanied by a detailed account or description of the dispute d amounts and reasonable basis for the dispute . If a dispute is reso lved against Customer, Customer will pay the disputed amounts plus interest from the due date within 30 days. If any change in applicable law or regulation affects the delivery of Service, Company may pass any increased costs through to Customer and Custom er may terminate the affected Service without termination liability by delivering written notice to Company within 30 days.
c) Security Deposit . Company may require a security deposit (in each case, the “Security Deposit ”) as a condition to accepting a Signed Order Form or, for a) usage-based Services at any time; or b) non- usage based Service if Customer fails to timely pay Company or otherwise breaches its obligations, or Company reasonably determines that Customer has had an adverse change in financial condition. The Security Deposit usually will be equal to the monthly recurring charges (“MRC”) specified in the corresponding Signed Order Form; provided, however, that the Security Deposit may be an amount equal to up to six months’ MRC if Customer fails to timely pay Company or otherwise breaches its obligations, or Company reasonably determines that Customer has had an adverse change in financial condition. The Security Deposit may be required with respect to Colocation and Power Services. The Security Deposit may also be required with respect to other Services described herein, if applicable, should the conditions identified above be present with the Compan y.
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d) Use and Increase d Security Deposit . If Customer fails to pay any amount when due, then Company may draw upon the Security Deposit in the amount of payment due but not made. If Customer’s actual MRC increase or Customer’s required monthly payments are received more than five (5) days after the payment due date for two (2) months during contract term, Company in addition to its other remedies hereunder, shall be entitled at its sole discretion to increase the required Security Deposit up to or equal to six months’ MRC. Within five (5) business days after receipt of written notice of any deficiency in the amount of the Security Deposit (either due to withdrawals by Company or an increase in the required amount), Customer shall deposit with Company cash or cashier’s check in an amount sufficient to restore the Security deposit to its original or required increased amount. Customer’s failure to do so shall constitute a material breach hereunder. Within thirty days (30) days after the later of (a) expiration or earlier termination of the Agreement or (b) Customer’s vacating the Premises, and provided no default exists hereunder, Company shall return the Security Deposit less any portion thereof as Company shall have used to satisfy Customer’s oblig ations under this Agreement. e) Third-Party License Fees. Customer shall be responsible for all Third-Party License Fees as set forth in any SLAs and/or Signed Order Forms. Third-Party License Fees may increase year over year from the Vendor therefore Company will provide notice of any fee increase from the Vendor and applicable effective date.
Customer will be responsible fo r the increased fees unless otherwise terminated prior, in which no early termination fee shall apply.
f) Power Price Increases – Power prices may increase year over year from a power provider. Company will provide notice of any increase in power fees and the applicable effective date, subject to a 5% cap ( e.g., power fees will not increase more than 5% during a contract term year). Customer will be responsible for the increased power fees unless otherwise terminated prior to the applicable effective data, in which no early termination fee shall apply.
g) Price Increases . Except as specifically set forth i n the Signed Order From, Company reserves the right to increase pricing at any time following expiration of the stated or applicable Term; provided, however, that notwithstanding anything contained herein (or in any SLA or Signed Order Form to the contrary), if any change in applicable law or regulation affects the delivery of Service (even if during the Term), Company may pass any increased costs through to Customer and Customer may terminate the affected Service without termination liability by de livering written notice to Company within 30 days.
h) Audit Rights . During the Term and for a period of at least one year thereafter, Company and Customer shall maintain accurate records sufficient to verify the accuracy of payments due hereunder. Customer shall have the right, at its expense and no more than once per calendar year during the Term and for a period of one year thereafter, to examine and audit such records, to verify the correctness of the amounts paid under this Agreement. If any such audit re veals an overpayment by Customer, then Company shall immediately refund or credit to Customer, at Customer’s option, the incremental difference between the amount due and the actual amount that was paid, together with interest calculated at the rate of fiv e percent per year (or such lower rate as may be required by law, if applicable). Company reserves the right to verify the accuracy of the amounts invoiced and amounts paid and to notify Customer of any errors in the amounts invoiced and/or amounts paid.
4. Taxes and Tax Like Fees. Except for the net income tax of Company , Customer is responsible for all taxes, fees, surcharges, license fees, foreign withholding (which will be grossed up) and other tax like charges imposed on or incident to the provision, sale or use of Service (whether imposed on Company or its affiliates). Company may recover taxes, fees, and certain costs of administering the same through a percentage surcharge(s) on the Services. Valid exemption certific ates will be given prospective effect upon receipt by Company .
5. LIABILITY LIMITATIONS. - NOTWITHSTANDING ANYTHING CONTAINED HEREIN (OR IN ANY
SLA OR SIGNED ORDER FORM) TO THE CONTRARY, THE MAXIMUM LIABILITY AND
OBLIGATION OF COMPANY AS A RESULT OF OR IN CON NECTION WITH THE DELIVERY OF ANY
SERVICE HEREUNDER OR THE OBLIGATIONS HEREUNDER (INCLUDING WITHOUT
LIMITATION, AS A RESULT OF ANY BREACH OF THIS AGREEMENT OR ANY GROSS
NEGLIGENCE OF COMPANY ) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY
CUSTOMER TO COMPANY FOR THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM A ROSE; AND PROVIDED FURTHER THAT, FOR THE
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AVOIDANCE OF ALL DOUBT, CUSTOMER SHALL NOT BE ENTITLED TO RECOVER ANY
AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY FOR THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE MONTH IN WHICH THE FIRST CLAIM
AROSE IN CONNECTION WITH OR AS A RESULT OF THE DELIVERY OF ANY SERVICES HEREUNDER OR THE OBLIGATIONS HEREUNDER. EXCEPT FO R THE INDEMNIFICATION OBLIGATIONS SET FORTH UNDER SECTION 7(c) HEREOF AND SUBJECT TO THE OBLIGATIONS SET FORTH IN SECTION 7(c) HEREOF, NEITHER PARTY WILL BE LIABLE FOR ANY DAMAGES
FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVIN GS,
LOSS OF DATA, THE COST OF PURCHASING REPLACEMENT SERVICES, OR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES IN ANY WAY RELATED TO THIS AGREEMENT OR ANY ORDER. COMPANY WILL HAVE NO LIABILITY FOR ANY CLAIMS RELATING TO 9 11 OR OTHER EMERGENCY REFERRAL CALLS. COMPANY MAKES
NO WARRANTIES OR REPRESENTATIONS RESPECTING THE SERVICE, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE .
6. Term and Termination
a) Term. The initial term of this Agreement shall commence on the Service Commencement Date and shall continue thereafter until the latest termination date reflected in the Signed Order Form (the “Specified Period”) , unless earlier terminated in accordance with the terms and conditions set forth herein and/or within an SLA (the “ Initial Term”). Following expiration of the Initial Term and provided Customer is not then in default, unless a written notice of cancellation is given by ei ther party at least 30 days prior to the end of the Initial Term, each Service will renew automatically for additional periods equal in length to the Specified Period (on a successive basis), unless (in the case of any such renewal period) earlier terminat ed in accordance with the terms and conditions set forth herein and/or within an SLA (each such renewal period, a “Renewal Term”). The Initial Term along with any and all Renewal Terms are collectively referenced as the “Term.” . Company shall have the rig ht to terminate or cancel certain Services without terminating or cancelling other Services and without terminating this Agreement, provided further that if the Company terminates or cancels any Services, the Services that are not terminated or cancelled (and the Term for such non -terminated and/or non -cancelled Services) shall continue based on the conditions outlined herein as well as identified within the applicable SLAs. For the avoidance of doubt, i n the case that certain Services are terminated, the Term, as described above shall continue for the non -terminated Services.
b) Termination . If (i) Customer fails to pay Company any charges (other than charges that are rightfully disputed in accordance with the terms hereof) when due and such failure continues for two (2) days after written notice from Company or (ii) either party fails to observe any other material term of this Agreement and such failure continues for 30 days after written notice from the other party, then the non - defaulting party may terminate this Agreement, any SLA or any Signed Order Form, in whole or in part, and subject to the limitations of this Agreement, pursue any r emedies it may have at law or in equity. If Customer cancels or terminates Service for convenience (or if Company terminates Service for cause (e.g. violation of Acceptable Use Policy) ), Customer will pay Company a termination charge equal to the sum of (i) 100 percent of any third party cost for the remainder of the Agreement incurred by the Company in providing the or preparing for providing the Services outlined in the Agreement; (ii) 100 percent of the next twelve (12) months (such period of twelve (12 ) months, the “12 -Month Period”) of monthly recurring charge s (MRCs) for the Services outlined in the Agreement that remain under the then-current Term ; (iii) 50 percent of the MRCs for the Services outlined in the Agreement for the period remaining during the then -current term following the 12 -Month Period (if and as applicable) (for the avoidance of doubt, the remainder of the Agreement ); (iv) the “out-of-pocket” costs (if any) of the Company incurred in constructing facilities necessary for delivery of Services (or any portion thereof) ; and (v) all unpaid amounts for Services a ctually provided . In lieu of installation Service Level credits, if installation of a Service is delayed by more than 180 business days beyond the date by which Compan y committed to deliver such Service to the Customer, Customer may terminate the affected Service without liability upon written notice to Company , provided , however, that (i) such notice is delivered prior to delivery of a notice by Company for commencemen t of the affected Service , (ii) th e foregoing right shall not apply where Company is constructing facilities , and (iii) the foregoing right shall not apply to any Services other than the specific Service that is actually delayed by more than the above - specified time period .
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c) Termination for Insolvency . Either Party may immediately terminate this Agreement in the event the other Party (a) admits in writing its inability to pay its debts as they become due, fails to satisfy any judgment against it, or otherwise ceases operations of its business in the ordinary course, (b) is adjudicated bankrupt or becomes insolvent, (c) winds up or liquidates its business voluntarily or otherwise, (d) applies for, consents to or suffers the appointment of, or the taking of possession of by, a receiver, custodian, assignee, trustee, liquidator or similar fiduciary of itself or of all or any substantial portion of its assets, (e) makes a general assignment for the benefit of creditors, (f) commences a voluntary case under any state or federal bankruptcy laws (as now or hereafter in effect), (g) files a petition seeking to take advantage of any other law providing for the relief of debtors, (h) acquiesces to, or fails to have dismissed, within 30 days, any petition filed against it in any involuntary case pursuant to such bankruptcy laws and/or (i) takes any action for the purpose of effecting any of the foregoing. Notwithstanding anything contained herein to the contrary, no such termination under this Section 6(c) shall affect the obligations of Customer to pay amounts payable for any Services delivered here under or amounts otherwise due or payable to Company hereunder. d) Effect of Termination . Upon any termination or expiration of this Agreement, all rights and licenses granted by either Party to the other herein shall terminate and be of no further force or effect; provided, however, that no termination or expiration of this Agreement shall affect the Customer’s payment obligations hereunder with respect to Services provided or any amounts that may be otherwise due or payable by Customer hereunder . Each party shall (i) return to the other party all documents and tangible materials (and any cop ies) containing , reflecting, incorporating or based on the other party’s Confidential Information, ( ii) permanently erase all of the other party’s Confidential Information from its computer systems and (iii) certify in writing to the other party that is has complied with the requirements of this clause.
7. General
a) General Data Protection Regulation (GPDR) Compliance and California Consumer Privacy Act (CCPA) Compliance. Company is not responsible for either GPDR Compliance or CCPA Compliance with respect to third-party customer data that is being stored and/or utilized by Customer’s. Company does not engage in selling, sharing, buying or purchasing of third-party’s personal information. Company will notif y its Customers (but not third -parties or end-users) of any data breach of Company’s facilities and/or equipment that occurs during the providing of any services outlined in any SLA or Signed Order Form. Company will notify users of data breaches within 72 hours of occurrence. b) No Assignment . Customer may not assign its rights or obligations under this Agreement or any Order without the prior written consent of Company , not to be unreasonably withheld . Customer may not resell Service provided pursuant to this Agreement, but Customer may use such Service in the normal course of its business.
c) Indemnification . Customer shall indemnify , hold harmless and defend Company , its officers, employees, directors, affiliates and th eir agents against any claims , damages or losses (of any nature whatsoever , including without limitation, attorneys’ fees and court costs ) arising from , related to or in connection with Custom er’s use of the Service s. Nothing in this Agreement, express or implied, confers upon any third party any right, benefit or remedy under this Agreement. This Agreement shall be binding upon, and enforceable by, and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
d) Insurance. Customer shall, at Customers’ expense, procure and maintain throughout the Term of this Agreement, a policy or policies of insurance in accordance with the terms and requirements set forth below.
Customer hereby waives its rights against the Company with respect to any claims or damages or losses (including any claims for bodily injury to persons and/or damage to property) which are caused by or result from (i) risks insured against under any insurance policy carried by Cust omer at the time of such claim, damage, loss or injury, or (ii) risks which would have been covered under any insurance required to be obtained and maintained by Customer under this Agreement had such insurance been obtained and maintained as required; provided, however, that in no event shall Customer be deemed to have waived its right against Company with respect to any claims or damages or losses (including any claims for bodily injury to persons and/or damage to property) which are caused by or result from the gross negligence or willful misconduct of any member of the Company.
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Commercial general liability insurance (including
contractual liability):
$2,000,000 single limit; $5,000,000 aggregate limit
All Risk” Personal Property Insurance Full Replacement Value of Tenant’s Personal Property in Tenant Space
Workers’ Compensation Insurance In accordance with the laws of the state in which the Property is located, and Employer’s Liability insurance with a limit not less than $1,000,000 Bodily Injury
Each Accident; $1,000,000 Bodily Injury By Disease -
Each Person; and $1,000,000 Bodily Injury By Disease
- Policy Limit
All insurance required under this Agreement shall be issued by insurers with a “General Policyholders Rating” of at least A-, X, as set forth in “Best’s Insurance Guide.” Such insurers shall be authorized to do business in the state in which the Building is located. The commercial general liability policies procured hereunder shall name the Company as additional insureds. Prior to occupying the Building and upon subsequent requests of Company, Customer shall submit to Company evidence that Customer has the insurance policies required hereunder in effect and, if requested by Company, shall provide Company with certificates of insuran ce evidencing such policies. All insurance policies procured hereunder shall contain a provision stating that the insurer shall endeavor to provide at least thirty (30) days written notice to Company and all others named as additional insureds prior to an y cancellation or material modification of such policy. If Customer does not deliver to Company a certificate or other proof of renewal or coverage from another insurance carrier at least fifteen (15) days prior to the expiration dates of each expiring policy, Company may obtain such insurance on behalf of Customer, and Customer shall, within ten (10) days after Company’s demand therefor, pay to Company an amount equal to the cost of such insurance policies plus an administrative surcharge of ten percent (10%).
e) Confidential Information – “Confidential Information” means any information that is treated as confidential by a party, including without limitation , trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers , pricing and marketing. Confidential Information shall n ot include information that : (a) is already known to the Receiving Party without restriction on use or disclosure prior to receipt of such inf ormation from the Disclosing Party; (b) is or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, the Receiving Party; (c) is developed by the Receiving Party independently of, and without reference to, any Confidential Information of the Disclosing Party; or (d) is received by the Receiving Party from a third party who is not under any obligation to the Disclosing Party to maintain the confidentiality of such information. Each of t he Parties agree s not to use the other Party’s Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of the Parties’ respective legal rights under the Agreement, or as may be required by law. Each of the Parties agrees not to disclose the other’s Confidential Information to any third person except as follows: (i) to such Party’s respective service providers, agents and representatives, provided that such service providers, agents or representatives agree to confidentiality measures that are at least as stringent as those stated in this Agreement; (ii) to law enforcement or government agency if requested pursuant to valid legal authority; (iii) to law enforcement or government agency if the Party making such disclos ure to a law enforcement or government agency reasonably believes that the other Party’s conduct may violate applicable criminal law; (iv) as required by law; or (v) in response to a subpoena or other compulsory legal process; provided, however, that in the event of any disclosure by a Party pursuant to the immediately foregoing clauses (ii), (iv) and (v) hereunder, such Party agrees to give the other Party written notice of at least seven (7) days prior to such disclosure of Confidential Information under such clauses (or prompt notice in advance of such disclosure, if seven days advance notice is not reasonably feasible), unless such notice is not legally permissible under applicable law (as reasonably determined by the Party making such disclosure pursuant to any such clause).
f) Intellectual Property - .”Intellectual Property Rights” means all (a) patents, patent disclosures and inventions (whether patentable or not); (b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, (c) copyrights and copyrightable works (including computer programs), and rights in data and databases, (d ) trade secrets, know -how and
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other confidential information, and (e) all other intellectual property rights, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world. As between Customer and Company, all Intellectual Property Rights and all other rights in and to the Services and Deliverables (except for any Confidential Information of Customer or Customer Materials) and the Pre-existing Materials shall be owned by Company. Company hereby grants Customer a license to use all such rights free of additional charge and on a non -exclusive, worldwide, and royalty -free basis to the extent necessary to enable the Customer to make reasonable use of the Deliverables and the Services. Customer and its licensors are, and shall remain, the sole and exclusive owner of all right, title and interest in and to the Customer Materials, including all Intellectual Property Rights therein. Company shall have no right or license to use any Customer Materials except solely during the Term of the Agreement to the extent necessary to provide the Services to Customer.
All other rights in and to the Customer Materials are expressly reserved by Customer. g) Representations and Warranties – Each party represents and warrants to the other party that: (a) it is duly organized, validly existing and in good standing as a corporation or other entity as represented herein under the laws and regulations of its jurisdiction of incorporation, organization or chartering; (b) it has the full right, power and authority to enter into this Agreement, to grant the rights and licenses granted hereunder and to perform its obligations hereunder ; (c) the execution of this Agreement by its representative whose signature is set forth at the end hereof has been duly authorized by all necessary corporate action of the party; and (d) when executed and delivered by such party, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms. h) Dispute Resolution and Jury Waiver . This Agreement and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of California applicable to contracts wholly made and to be performed within the State of California without regard to conflict of laws principals. Each Party irrevocably submi ts to the sole and exclusive jurisdiction of the courts of the State of California and the Federal courts of the Northern or Southern District of California, situated in the County of San Francisco or County of Los Angeles at the election of Company . Each Party irrevocably consents to the exercise of personal jurisdiction over each of the Parties by such courts and waives any right to plead, claim or allege that California is an inconvenient forum. To limit the cost of resolving any disputes between the par ties, and as a material inducement to each party to enter into this Agreement, fully permitted by law, Company and Customer each expressly waives its right to trial by jury in any trial held because of a claim arising out of, in connection with, or in any manner related to this Agreement in which Company and Customer are adverse parties, including cross -complaint by one against the other. i) Publicity; Press Releases . Neither Party shall be entitled to use the name, service or trademarks, logos or otherwise identify or refer to the other Party in any press releases, publicity, marketing or promotional material without the prior, express approval of such other Party in each instance. j) Contract Expiration . Upon expiration of the contract term specified on the Signed Order Form, Company reserves the right to correct pricing to current market rates. k) Contract Cancellation . Notwithstanding anything contained herein to the contrary, Customer is required to give written notice to Customer’s intent to terminate this Agreement and any connections or other Services, which termination will take effect after 30 days. l) Arbitration . Except for disputes regarding unpaid Customer fees due to Company , a ny claim or controversy arising out of or relating to the Agreement, or any breach thereof between the Parties, shall be submitted to arbitration in San Francisco or Los Angeles, California, before an experienced arbitrator who has been an attorney, retired judge or C-level executive selected in accordance with the Rules of the American Arbitration Association, as the exclusive remedy for such claim or controversy.
Either party desiring to arbitrate shall give written notice to the other party within a reasonable period after the party becomes aware of the need for arbitration. The decision of the arbitrator shall be final and binding. Judgment on any award rendered by such arbitrator may be entered in any court having jurisdiction over the subject matter of the controversy. The fees and costs of the arbitrator shall be paid equally by the Parties. With respect to disputes regarding un paid Customer fees, Company shall have right to file a lawsuit to attempt to collect these un paid fees.