Hemet City Council
May 24, 2022

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TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 7
house and are used to working across these topics seamlessly. Dudek will also review to ensure the analysis addresses all potential environmental impacts of the project, including indirect impacts and off-site impacts. Project alternatives or project scenarios are not anticipated to be included in the MND or require review by Dudek.

Dudek will review the mitigation measures identified to ensure they can be regulated by the City and would reduce impacts below a level of significance. This review shall include ensuring the measures identify the parties responsible for implementing the measure, when measures shall be implemented, performance criteria, and an enforcement mechanism to ensure implementation. While Dudek anticipates providing comments after a full review, our Project Manager will be available to the City to address any potential concerns as they arise.

Two rounds of reviews/comments are included in our budget estimate for each the Draft IS/MND and Final IS/MND, with the second round of each assuming to involve confirmation that the first-round review comments were adequately addressed. As included in Task 12, Dudek will conduct a meeting as needed to review comments with the City and project applicant team. Dudek finds that a working meeting that allows for open discussion of comments and questions, leading to a faster and more complete resolution of issues.

IS/MND Noticing
Dudek will provide one draft version of the Notice of Intent (NOI) to Adopt an MND to the City for review with the second peer review letter. The notice contents shall be prepared in accordance with CEQA Guidelines Section 15072(g). Upon receipt of comments, Dudek will prepare revisions and provide a final PDF of the NOI to the City.

Upon City’s authorization and posting of the MND document on the City’s website, Dudek will distribute the NOI.

The distribution list to agencies and organizations shall be provided by the City. Dudek will utilize publicly available assessor’s office data to obtain mailing addresses for the contiguous property owners and tenants (CEQA Section 15072(b)(3). It is assumed that the distribution will include up to 80 notices sent via regular mail and up to 20 notices sent to agencies/organizations via return-receipt requested. Dudek will provide the City with a digital copy (PDF) of the return-receipt mailers for their records. If the City desires to do additional noticing, such as through the newspaper or posting on the site, the City shall complete such extra noticing. Dudek shall file the notice with the County Clerk and, if a state agency is involved, the State Clearinghouse. In addition, Dudek shall provide notice per CEQA Guidelines Section 15072(e) and (f) to the transit agency and US Department of Defense, if applicable. If there is a responsible or trustee agency, said agency shall receive a copy of the IS/MND for review. While it is expected the State Clearinghouse will send the document to agencies for review, it is assumed that Dudek may send up to five responsible or trustee agencies a thumb drive containing a PDF of the IS/MND. No recirculation of the MND is assumed in this scope.

If a public agency provided written comments on the Draft MND, Dudek shall provide a written notice on behalf of the City to that agency for the hearing of the project per CEQA Guidelines Section 15073.

Dudek shall prepare a Notice of Determination (NOD) for the City review prior to the project hearing. If the project is approved, Dudek will file the notice with the County Clerk and State Clearinghouse within 5 days. The NOD shall include the information identified in CEQA Guidelines Section 15075(b).

TASK 12 MEETINGS AND MANAGEMENT
Dudek will host a peer review overview meeting via Zoom with each comment memoranda submitted to the City.

This meeting is anticipated to be run by Dudek; Dudek will prepare an agenda, conduct the meeting, and provide meeting notes. The meeting will be approximately 30 to 60 minutes long depending on the number of discussion items identified. The first two meetings would include the project manager and up to five technical staff from

15.K

TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 8
Dudek. The two meetings that are regarding the Final IS/MND would only include the Dudek project manager, as the technical reports are assumed to be finalized at that stage. In addition to Dudek staff, these meetings are assumed to include the City staff and project applicant team members necessary to review the discussion items.

Dudek staff will attend up to three public hearings. Dudek will provide staff support during public meetings as needed, including responding to Planning Commission inquiries regarding the technical analysis in the IS. As such, it is assumed that the Dudek staff attending the hearings will include the project manager and two technical staff. It is assumed that the hearings will last approximately two hours, and that only the Project Manager would attend in person. The technical specialists will join virtually.

It is anticipated that Dudek will require approximately 16 hours of management time over the course of the approximately 9-month period Dudek is expected to be active on this project. If Dudek’s involvement extends past 9 months, additional management and meeting time would be needed.

TASK 1 3 OPTIONAL TASK: HEALTH RISK ASSESSME NT REVIEW
Dudek will review the construction or operational health risk assessment prepared for the project. Dudek will review the AERMOD, HARP2, and emission calculations inputs and outputs to determine CEQA adequacy. Dudek will ensure that the South Coast Air Quality Management District’s modeling guidelines are adhered to. The review comments will be incorporated into the peer review memorandum.

Assumptions
▪ Dudek will provide up to two reviews of each applicant-provided document identified above under Scope of Services.
▪ If requested by the City, Dudek will print three hard copies each of the Draft MND and the Final MND.

If the City does not require these IS/MND copies, this budget may be utilized to print additional notices should more be required beyond those identified in Task 11. ▪ While no determination has been formally made by the City or Dudek, it is assumed for scoping purposes that the document to be peer-reviewed in Task 11 is an MND. This scope does not include a review of an Environmental Impact Report. If an EIR is required, Dudek will provide a revised scope and cost.
▪ Additional services, such as additional rounds of comments or attendance at additional meetings, will be provided upon request, and billed on a time and materials basis in accordance with our current standard schedule of charges.
▪ Dudek is not responsible for completing redline revisions to project applicant -provided technical documents.
▪ Dudek is not responsible for editorial review. If such editorial issues hinder the ability to understand the document, Dudek will provide a comment indicating the project applicant’s consultant shall complete an editorial review.
▪ Dudek will provide comments on report organization if it hinders the ability to understand the information provided; however, Dudek is also not responsible for reformatting documents provided by the project applicant.
▪ It is Dudek’s understanding that the project description provided by the City in the March 8, 2022 request for proposal will be the subject of the analysis completed by Kimley-Horn and Associates (Kimley-Horn) in the IS/MND and associated technical documents. If such project description information changes after the initiation of work or the project scope is greatly increased, additional reviews and efforts not included herein will be needed.

15.K

TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 9
▪ No recirculation of the MND is assumed in this scope. ▪ It is assumed that no changes to the project applicant-provided technical analysis will be necessary due to public review comments, and the project applicant will complete the response to comments and other minor editorial clarifications in the Final IS/MND after public review. ▪ It is assumed the project applicant will prepare and provide the Mitigation, Monitoring, and Reporting Program for the City’s use.
▪ It is expected the project will require two hearings, but up to three hearings are included herein in the event an appeal is filed. If an appeal is filed that results in the need for additional reviews or other consultation support, Dudek will provide a contract amendment to cover such additional scope. At this time, it is not foreseeable what additional work may be required as a result of an appeal nor is a specific appeal anticipated, so no such appeal support effort is included herein.

Deliverables
▪ First Review Comment Letter (Word File and PDF) on the Draft IS/MND and Technical Reports ▪ Meeting Agenda, Meeting Attendance, and Meeting Minutes for the Review First Comment Letter ▪ AB 52 and SB 18 Letters and First Meeting
▪ Second Review Comment Letter (Word File and PDF) on the Draft IS/MND and Technical Reports ▪ Draft Notice of Intent (Word File)
▪ Meeting Agenda, Meeting Attendance, and Meeting Minutes for the Review Second Comment Letter ▪ AB 52 and SB 18 Second Meeting (if needed)
▪ Final Notice of Intent (Word File and PDF) to the distribution list, State Clearinghouse, and County Clerk ▪ Three hardcopies of the Draft IS/MND for City use, if needed. ▪ First Review Comment Letter (Word File and PDF) on the Final IS/MND ▪ Meeting Agenda, Meeting Attendance, and Meeting Minutes for the Review First Comment Letter ▪ Second Review Comment Letter (Word File and PDF) on the Final IS/MND ▪ Meeting Agenda, Meeting Attendance, and Meeting Minutes for the Review First Comment Letter ▪ Three hardcopies of the Final IS/MND for City use, if needed. ▪ Draft Notice of Determination (Word File)
▪ Final Notice of Determination (Word File and PDF) to the City, State Clearinghouse, and County Clerk. ▪ Attendance of up to Three Hearings
2 Schedule
The following Table 1 presents the review schedule proposed by Dudek. It is anticipated that Dudek will be involved with this project for approximately 9 months.

15.K

TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 10
Table 1. Schedule Estimate
Task Duration 1
Reports (PDFs) provided by City to Dudek —
Dudek completes 1st Peer Review of IS/MND and Tech Reports AB 52 and SB 18 Initiated
3 weeks
City Reviews the Peer Review Memo 1 week
Comments Released to Project Applicant 1 day
Meeting to Review 1st Peer Review 4 days
Project Applicant Completes Revisions Unknown
(3 weeks assumed)
Dudek Completes 2nd Peer Review of IS/MND and Tech Reports Dudek Prepares Draft NOI
2 weeks
City Reviews the Peer Review Memo/Draft NOI 1 week
Comments Released to Project Applicant 1 day
Meeting to Review 2nd Peer Review 4 days
Project Applicant Completes Revisions;
Provides Final IS/MND to City
Unknown
(2 weeks assumed)
Dudek Finalizes NOI; Distributes IS/MND for Public Review 1 week Public Review 30 days
Project Applicant Completes Response to Comments and
Administrative Final IS/MND
Unknown
(3 weeks assumed)
Dudek completes 1st Peer Review of RTCs and Final IS/MND 2 weeks City Reviews the Peer Review Memo 1 week
Comments Released to Project Applicant 1 day
Meeting to Review 1st Peer Review 4 days
Project Applicant Completes Revisions Unknown
(2 weeks assumed)
Dudek completes 2nd Peer Review of Final IS/MND;
Dudek Prepares Draft NOC
1 week
City Reviews the Peer Review Memo/Draft NOC 1 week
Comments Released to Project Applicant 1 day
Meeting to Review 2nd Peer Review 4 days
Project Applicant Finals the IS/MND Unknown
(1 week assumed)
Hearing 1 2 weeks
Hearing 2 2 weeks
Dudek Distributes the NOD 5 days
Total Schedule 37 Weeks (9 Months)
Notes:
1 It is unknown the time it will take for the Applicant to prepare revisions to their documents. Assumptions are included for scoping purposes, but these items are out of the control of Dudek and cannot be guaranteed by Dudek. In addition, estimated City review times are included here for schedule estimation purposes but, similarly, are out of the control of Dudek. As such, this schedule is assumed to be an estimate of the anticipated timeline.

15.K

TO: CANDACE SUNDS
SUBJECT: PROPOSAL FOR CEQA CONSULTING SERVICES FOR THE JD FIELDS PIPE FACILITY, CITY OF HEMET MARCH 2022 11
It is also noted that there are three hearings budgeted and only two included in this schedule. The addition of another hearing or an appeal would extend the schedule. Note the time allocated to meeting to review comments is including three days for the Applicant to review comments prior to the meeting. 3 Cost Proposal and Fee Schedule
Fee and hourly rates of each team member by task are provided under separate cover.

Dudek looks forward to this opportunity to continue to work with the City of Hemet. Please feel free to reach out with any questions or comments.

Sincerely,
____________________________________
Dawna Marshall
Project Manager
Att.: Cost Proposal and Fee Schedule under separate cover

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Community Development
Submitted by: Christopher Lopez, City Manager
H. P. Kang, Community Development Director, Lionel Martinez, Code Compliance Manager;

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

TITLE:

Code Compliance Strategic Plan - Neighborhood Enhancement Program (NEP)

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive an update on the Neighborhood Enhancement Programs (NEP) incorporated within the Code Compliance Division's Strategic Plan Objectives.

BACKGROUND:

On March 18, 2021, the City of Hemet started the “Strike Team Hemet” involving Hemet Police Department, Hemet Fire Department, Public Works Department, Community Development Department and City Manager's office. This team was assigned to take an area of the city and improve curb appeal through education, informational handouts, and physical support to the community.

On March 29, 2021, the Code Compliance Division adopted the Target Area as their first Neighborhood Enhancement Program (NEP) Project # 1, addressing curb appeal. This was the beginning of NEP Projects that were to come within the parameters of the Strategic Plan. Since that time, Community Development Department has been analyzing and implementing the goals of the Strategic Plan along with the City Manager's Office, City Attorney's office, and the City Council.

ANALYSIS:

The Neighborhood Enhancement Program (NEP) was created for the City to work side-by-side with our community to promote the health, safety, and welfare of our citizens by providing on -going physical support, education, and collaboration in creating a safe e nvironment, increasing cleanliness, and uphold and increasing property values.

Here are the basic questions of the program.

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What is the program?
This program is to enhance the Quality of Life for the residents, visitors, and developers. This program will be a top priority based on Council Goals and policies outlined in the adopted Strategic Goals.

Why is it being addressed?
The purpose of the program is the enhance and improve the city’s image. The city's goal is to address the “Broken Window” syndrome and tackle the issues immediately to prevent and minimize the negative impacts that follow from ignoring the issues.

Who will address?
This program will only work with the cooperation of all departments collectively. Community Development, Police Department, Fire Department, Public Works Department, and Finance to work together to educate, inform, assist in implementing the program.

When will start?
Some items on the program is already in place and being worked in collaboration with multiple departments. This program will identify the key roles each department will play in effort to address the concerns of the community. The program will start with the direction of the City Manager once we the plan ironed out.

Where are we Implementing the program?
The program will be implemented on major corridors (e.g., Florida, State, Sanderson, Stetson, San Jacinto, etc.). The program will identify the major access points as well in and out of the city such as Warren and Domenigoni, Domenigoni and State, State and Florida, Florida and Warren, etc. This does not mean we ignore the other part of the city. However, we will be concentrated on these areas until the issues are addressed and corrected.

Based on the established City Council goals and the Strategic Plan staff created the following programs.

Hotels/Motels: City will identify hotels and motels to address in a scheduled manner. The city has initially completed a windshield survey for the following Hotels and Motels.

California Budget Motel, Diamond Inn, and Florida Inn (Florida Ave)

These are the most prominent hotels and motels with issues that need immediate attention. Community Development Department (Code Compliance Division) can initiate the contact and start the education program. The education program will encompass all hotels, motels, inns, etc.

1. Broken windows/doors

2. Non-Op vehicles (AVA)

3. Illegal construction

4. TOT (transit Oriented Tax)

5. Pavement/parking lot

6. Landscape

7. Trash enclosure

8. Illegal pool conversions (fill)
Mobile home/RV parks: City has identified several mobile home and RV parks that require immediate health and safety issues addressed. Town and Country Mobile Home Park (St ate Street) has had a recent fire and the access was limited for the Fire Department to do their job. Code Compliance has

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now contacted and working with the property owner to address the issues that includes fire lane blockage, parking area being stacked with private property (furniture, outdoor living area, canopies, etc.), stacking of combustible materials adjacent to living quarters, etc.

1. Fire safety lanes

2. Fire fuel management

3. Trash and debris control

4. Access for emergency vehicles and safe ingress and egress

Alcohol sales businesses: City observed boarded building and abandoned businesses that are being ignored allowing trash, graffiti, and homeless to gather. One place identified in the windshield survey is the “Bacardees Bar and Grill” on State Street. This building is boarded up with signs of electrical fire, trash, graffiti and signs of homeless encampment. Although this property is not in operation, we need to address the issues that damages the image of the city.

1. Excessive calls for service

2. Public Health and Safety concerns

3. Increase in violations (illegal sale of alcohol, violation of ABC regulations)

4. Revocation process
Vacant lot/Vacant properties: Such properties require communications with the property owner to address weeds, illegal dumping, trash and debris, homeless encampment, etc. The location that was identified in the windshield survey is located at the northeast corner of Florida and Yale. This location has been used for dumping, consistent weed growth, and illegal sale s of good on the weekends. The other location observed is near Tahquitz and Florida on the north side of Florida west of Tahquitz. This is a vacant lot with a temporary fencing around the property that has been ignored. As a result, weeds, brush, trash and torn screening material now dominate this lot.

1. Trash and debris control

2. Graffiti

3. Fencing

4. Board ups
Graffiti: Graffiti has been an issue for many, if not all cities in California. We are currently in the phase to address the graffiti issues within 48 hours of identification. We are working with property owners to provide a property access agreement to abate graffiti if the property owner does not address within 48 hours per HMC Section 46-34 including cost incur based on Sec 46-37.

1. Graffiti removal for private properties

2. Property/business owner permission

3. 48-hour removal

4. Free paint to match existing

5. City incurs the cost including labor and material
LOGISTICS:

The program can only work with the collaboration of legal team and all Departments involved.

Legal team

1. Provide necessary legal documents to aid for possible court and administrative hearings.

2. Provide process for property tax assessments

3. Provide Property Access Agreement language (draft is available from staff) Community Development Department team

1. Draft language for education materials

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2. Draft process/timing/procedure for the property/business owners to follow

3. Follow up on discussions with property/business owners

4. Coordinate AVA (abandoned vehicles) matters

5. Follow up on necessary plan checks/permits

6. Graffiti program has been completed and both Public Works and CDD has agreed to the timing and process method.

7. CDD has placed CofA to include the property access agreement Quality of Life Team

1. Assist in abatement

2. Junk and trash removal

3. Graffiti abatement initial contact

4. Graffiti removal
With the cooperation and collaboration of various departments, the city can enhance and improve the city and the interaction of the citizens, visitors, developers who live, work and play in the city of Hemet.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

The proposed action aligns with Council's adopted objective: Enhance the visual appearance of the community to make it attractive and reduce blight. The main objective is to protect the health, safety, and welfare of our community by seeking compliance through education and working together.

FISCAL IMPACT:

There are no fiscal impacts.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Finance
Submitted by: Christopher Lopez, City Manager
Lorena Rocha, Finance Director;

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

TITLE:

Third Quarter Fiscal Year 2021/2022 Budget Update

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive and file the Third Quarter Fiscal Year 2021/2022 Budget Update Report.

BACKGROUND:

It is considered a best practice to review the annual budget on an ongoing basis to ensure the fiscal integrity of all City of Hemet operations. Since the Fiscal Year 2021-22 Budget was adopted on June 22, 2021, quarterly reports have been presented to the City Council to enhance transparency regarding the fiscal position of the City.

ANALYSIS:

The Fiscal Year 2021-22 quarterly budget activity reports reflects unaudited revenue and expenditure activity through March 31, 2022 for all funds.

DISCUSSION:

The General Fund (including Measure U) has collected 73% of revenues budgeted through the end of the second quarter. Of that amount, Measure U has collected 71% of revenues budgeted. The total for General Fund is slightly higher than this same time period last year when revenue collections were at 67% of budget. Measure U's revenues 1 year ago were slightly higher at 72.6% of revenues budgeted.

Property taxes collected in December 2021 have remitted to the City, with the balance expected in the fourth quarter. Sales tax revenues, although generally received two months in arrears, continue to come in strong and are on track to meet or exceed revenue projections. Because sales tax revenues

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are received two months in arrears, we will not have a complete picture of Sales Tax revenues for the year until approximately late August or early September.

General Fund expenditures are running slightly under budget through the end of the third quarter at

60.49% mainly due to vacancies and projects that have yet to be completed.

Measure U expenditures are also under budget at approximately 46% due to one time equipment purchases that have not been completed.

Non-General Fund Revenues are meeting or exceeding projections while expenditures remain below target for this time of year mainly due to projects that have not been completed.

STRATEGIC PLAN INTEGRATION:

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 2: Increase transparency for the public.

FISCAL IMPACT:

No Fiscal Impact

ATTACHMENT(S):

Attachment 1: Q3 FY2022 General Fund
Attachment 2: Q3 FY2022 Non General Fund Revenues
Attachment 3: Q3 FY2022 Non General Fund Expenditures

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CITY OF HEMET

GENERAL FUND (INCLUDING MEASURE U)- REVENUE AND EXPENDITURE REPORT AS OF MARCH 31, 2022
Initial
Budget
Purchase Order
Carryovers
Continuing
Appropriations
Council Approved
Amendments
(includes Mid-Year)
Adjusted
Budget
Year to Date
Actual
% of Budget
Rcvd / Used
% of Budget
Remaining

REVENUE SUMMARY
GENERAL ADMIN 962,600 - - - 962,600 839,403 87.20% 12.80% PROPERTY TAXES (includes VLF) 15,017,000 - - 320, 000 15,337,000 8,791,297 57.32% 42.68% SALES TAXES 14,000,000 - - 750,000 14,750,000 10,930,584 74.11% 25.89% MEASURE U 12,000,000 - - 1,200,000 13,200,000 9,396,620 71.19% 28.81% OTHER TAXES & FEES 6,621,889 - - - 6,621,889 4,579,244 69.15% 30.85% LICENSES & PERMITS 72,764 - - - 72,764 72,714 99.93% 0.07% FINES & FORFEITURES 135,100 - - (28,000) 107,100 73,668 67.89% 32.11% USE OF MONEY & PROPERTY 390,500 - - - 390,500 70,381 18.86% 81.14% INTERGOVERNMENTAL 340,000 - - 30,175 370,175 281,911 19.01% 80.99% MUTUAL AID REIMBURSEMENTS 500,000 - - 700,000 1,200,000 1,284,041 23.49 % 76.51% CHARGES FOR SERVICES 448,700 - - (24,000) 424,700 390,773 92.01% 7.99% OTHER FINANCING SOURCES 2,338,100 - - - 2,338,100 1,819,645 77.83% 22.17% COMMUNITY DEVELOPMENT 2,290,746 - 510,317 387,000 3,188,063 4,394,446 137.84% -37.84% Total revenue before transfers 55,117,399 0 510,317 3,3 35,175 58,962,891 42,924,726 72.80% 27.20% TRANSFERS IN 144,000 - - - 144,000 134,896 93.68% 6.32% TOTAL RESOURCES 55,261,399 0 510,317 3,335,175 59,106,891 43,059,621.88 7 2.85% 27.15%

EXPENDITURE SUMMARY
Projected Year End
Expenditures
CITY COUNCIL 148,900 - - - 148,900 97,625 65.56% 34.44% 0.2% 148,900 PEG FEES PROJECTS - - 540,110 73, 950 614,060 55,505 0.00% 100.00% 0.1% 100,000 CITY MANAGER 1,318,900 - - 250 1,319,150 875,409 66.36% 33.64% 2.2% 1,319,15 0 CITY CLERK 571,000 - - 5,000 576,000 319,754 55.51% 44.49% 0.8% 576,000 FINANCE 1,175,200 21,000 8,750 1,204,950 855,832 71.03% 28.9 7% 2.2% 1,204,950 CITY TREASURER 89,300 - - - 89,300 18,972 21.24% 78.76% 0.0% 89,300 HUMAN RESOURCES 507,500 1,832 28,500 537,832 409,753 76.19 % 23.81% 1.0% 537,832 POLICE DEPARTMENT 21,033,100 23,200 106,229 45,000 21,207,530 14,508,600 68.41% 31.59% 37.0% 21,207,530 POLICE DEPARTMENT- MEASURE U 9,410,900 344,664 699,420 170,395 10,625,379 5,146,94 2 48.44% 51.56% 13.1% 10,625,379 FIRE DEPARTMENT 10,084,200 (0) - 14,990 10,099,190 7,168,194 70. 98% 29.02% 18.3% 10,099,190 FIRE DEPARTMENT-MUTUAL AID 400,000 - - 700,000 1,100,000 889,834 80.89% 19.11% 2.3 % 1,100,000 FIRE DEPARTMENT - MEASURE U 5,430,800 75,346 991,615 1,612,583 8,110,345 3,460,14 2 42.66% 57.34% 8.8% 8,110,345 ANIMAL REGULATION 318,000 - - - 318,000 232,730 73.19% 26.81% 0.6% 318,000 LIBRARY 1,525,600 - - 48,578 1,574,178 1,103,720 70.11% 29.89% 2.8% 1,574,178 PARKS 950,600 - - 185,530 1 ,136,130 733,131 64.53% 35.47% 1.9% 1,136,130 COMMUNITY DEVELOPMENT 3,530,600 251,296 259,648 217,000 4,258,544 2,469,188 57.98% 42.02% 6.3% 4,2 58,544 NON-DEPARTMENTAL 22,000 - - - 22,000 6,444 29.29% 70.71% 0.0% 22,000 ENGINEERING 1,561,800 99,351 - 257,500 1,898,651 867,142 45.67% 54.33% 2.2% 1,898,651 Total expenditures before transfers 58,078,400 816,69 0 2,597,021 3,368,026 64,840,137 39,218,916 60.49% 39.51% 64,326,077 TRANSFERS OUT 20,000 - - - 20,000 15,714 0.00% 100.00% 20,000 TOTAL USES 58,098,400 816,690 2,597,021 3,368,026 64,860,137.12 39, 234,630 60.49% 39.51% 64,346,077

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CITY OF HEMET

NON-GENERAL FUND - REVENUE AND EXPENDITURE REPORT
AS OF MARCH 31, 2022
Initial
Budget
Continuing
Appropriations
Council
Approved
Amendments
Adjusted
Estimate
Year to Date
Actual
% of Budget
Remaining
130 PUBLIC SAFETY TOWING 61,000 - - 61,000 44,800 26.56% 221 GAS TAX 3,616,300 - - 3,616,300 2,317,801 35.91% 222 MEASURE A 2,030,000 - - 2,030,000 965,945 52.42% 223 ARTICLE 3 / SB 821 - - - - - 0.00% 224 AQMD 110,000 - - 110,000 53,352 51.50% 231 ASSET FOREITURE 13,700 - 13,700 12,580 0.00% 234 PUBLIC SAFETY CFD 815,000 - - 815,000 403,939 50.44% 241 GENERAL PLAN 91,200 - - 91,200 16 1,976 0.00% 254 STORM DRAIN/SEWER 3,759,700 - - 3,759,700 2 ,594,434 30.99% 270 AMERICAN RESCUE PLAN - 2,216,407 2,216,407 2,216,407 788 HEARTLAND BOND 810,000 - - 810,000 4 23,818 47.68% 11,306,900 0 2,216,407 13,523,307 9,195,052 32.01%
315 PUBLIC MEETINGS FACILITIES 2,000 - - 2,000 - 0.00% 316 GENERAL FACILITIES 244,000 - - 244,000 415,258 0.00% 326 FLOOD CONTROL 231,400 - - 231,400 911 ,734 -294.01% 329 BRIDGES/STREETS 1,199,400 - - 1,199,400 2,4 51,141 0.00% 331 LAW ENFORCEMENT 142,400 - - 142,400 2 56,133 0.00% 332 FIRE FACILITIES 218,000 - - 218,000 3 03,643 -39.29% 361 PARK DEVELOPMENT 458,900 - 30,000 488,900 6 93,309 0.00% 362 VALLEY WIDE DVL 86,400 - - 86,400 140,131 0.00% 363 LIBRARY FACILITIES 237,000 - - 237,000 387,463 -63.49% 370 CAPITAL PROJECTS FUND - 8,443,460 - 8,443,460 1,776,700 0.00% 375 CITY EMERGENCY / DISASTER FUND - - - - - 100.00% 2,819,500 8,443,460 30,000 11,292,960 7,335,511 35.04% 571 WATER 12,962,200 - - 12,962,200 10,654,393 17.80% 12,962,200 - - 12,962,200 10,654,393 17.80% 225 L&LMD 1,731,227 - - 1,731,227 974,478 43.71% 227 LIGHTING DIST POST 218 393,979 - - 393,979 202 ,007 48.73% 228 LANDSCAPE DIST POST 218 1,944,398 - - 1,944,398 1 ,043,258 46.35% 229 PUBLIC WORKS CFD - - - - - 100.00% 4,069,604 - - 4,069,604 2,219,743 45.46% 380 EQUIPMENT REPLACEMENT 10,000 - - 10,000 331, 933 -3219.33% 680 ADMINISTRATIVE SERVICES 1,637,200 - - 1,637,200 1 ,267,254 22.60% 681 WORKERS COMP 1,424,700 - - 1,424,700 1,188,900 16. 55% 682 MEDICAL/DENTAL 305,000 - - 305,000 180,180 40.9 2% 683 LIABILITY FUND 1,779,800 - - 1,779,800 1,427,520 1 9.79% 684 VEHICLE MAINTENANCE 1,464,300 - - 1,464,300 1,096 ,160 25.14% 685 FACILITIES MAINTENANCE 1,663,200 - - 1,663,200 1, 269,572 23.67% 686 PW ADMINISTRATION 0 - - - 0 100.00% 689 OPEB 4,867,000 - - 4,867,000 3,680,406 24.38% 690 UNEMPLOYMENT BENEFITS 25,000 - - 25,000 18,7 56 24.98% 691 CITY ATTORNEY ALLOCATION 1,625,000 - - 1,625,000 1,465,001 9.85% 692 EMERGENCY SERVICES 0 - - - 0 100.00% 14,801,200 - - 14,801,200 11,925,682 19.43% 232 PUBLIC SAFETY GRANTS - 220,950 122,774 343,724 109,431 68.16% 236 COPS /AB 3229 3,000 218,789 175,000 396,789 129,2 95 67.41% 237 LLEBG - - - - - 100.00% 240 CDBG 878,386 841,313 - 1,719,699 267,545 84.44% 242 HOME - Program Income 7,500 - - 7,500 - 100.00% 245 CALHOME 1,600 - - 1,600 - 0.00% 246 HOME 11,000 - - 11,000 - 0.00% 247 NSP GRANT - - - - - 0.00% 260 INDIAN GAMING GRANTS - - - - - 0.00% 901,486 1,281,051 297,774 2,480,311 506,271 79.59% TOTAL GRANT FUNDS

TOTAL ENTERPRISE FUND
ASSESSMENT DISTRICT FUNDS:

TOTAL ASSESSMENT DISTRICT
INTERNAL SERVICE FUNDS:

TOTAL INTERNAL SERVICE

GRANT FUNDS

SPECIAL REVENUE FUNDS

TOTAL SPECIAL REVENUES
DEVELOPMENT IMPACT FEE FUNDS:

TOTAL IMPACT FEE FUNDS
ENTERPRISE FUND:

REVENUE SUMMARY

15.M

CITY OF HEMET

NON-GENERAL FUND - REVENUE AND EXPENDITURE REPORT
AS OF MARCH 31, 2022
Initial
Budget
Purchase Order
Carryovers
Continuing
Appropriations
Council
Approved
Amendments
Adjusted
Budget
Year to Date
Actual
% of Budget
Remaining
Projected Year
End Expenditures
130 PUBLIC SAFETY TOWING 52,100 - - - 52,100 39,687 23.82% 45,000 221 GAS TAX 1,549,700 10,930 3,038 ,256 1,651,500 6,250,386 1,810,572 71.03% 3,621,143 222 MEASURE A - 94,819 8,379,948 3,100,000 11,574,767 1,058,560 90.85% 2,117,121 223 ARTICLE 3 / SB 821 - - - - - 100.00% - 224 AQMD 5,000 - - 557,291 562,291 35,378 93.71% 562,291 231 ASSET FOREITURE - 8,569 - 8,569 7,530 12.13% 8,569 234 PUBLIC SAFETY CFD 626,000 - - - 626,000 220,919 64.71% 626,000 241 GENERAL PLAN - - 50,739 - 50 ,739 3,696 92.72% 10,000 254 STORM DRAIN/SEWER 2,917,800 - 6,578,207 1,574,000 11,07 0,007 1,953,156 82.36% 3,906,313 270 AMERICAN RESCUE PLAN - - 2,216,407 2,216,407 1,072,483 51.61% 2,216,407 788 HEARTLAND BOND 753,900 - - - 753,900 607,577 19.41% 753,900 5,904,500 105,749 18,055,718 9,099,198 33,165,166 6,809,558 79.47% 13,866,744 315 PUBLIC MEETINGS FACILITIES - - - 4,444 4,444 - 0.00% 4,444 316 GENERAL FACILITIES - 500,000 4,444 504,444 5,000 99.01% 31,100 326 FLOOD CONTROL - - 2,080,111 4,444 2,0 84,555 670 99.97% 10,000 329 BRIDGES/STREETS - 8,925 4,223,942 457,944 4,6 90,811 10,627 99.77% 800,000 331 LAW ENFORCEMENT - - - 4,444 4,444 - 10 0.00% 4,444 332 FIRE FACILITIES - - - 4,445 4,445 - 10 0.00% 4,445 361 PARK DEVELOPMENT - 12,000 473,760 4,445 490,205 136,213 72.21% 490,205 362 VALLEY WIDE DVL - - - 4,445 4,445 - 0. 00% 4,445 363 LIBRARY FACILITIES 159,500 - - 4,440 163,940 66,723 59.3 0% 125,800 370 CAPITAL PROJECTS FUND - 7,265,551 1,009,424 89,300 8,364,275 1,558,325 0.00% 2,000,000 375 CITY EMERGENCY / DISASTER FUND - - - - - - 0.00% - 159,500 7,286,476 8,287,236 582,795 16,316,008 1,777,559 89.11% 3 ,474,883 571 WATER 11,323,100 104,848 15,621,48 4 3,174,386 30,223,818 7,347,620 75.69% 14,695,241 11,323,100 104,848 15,621,484 3,174,386 30,223,818 7,347,620 75.69% 14,695,241 225 L&LMD 1,690,500 - 17,09 5 26,500 1,734,095 1,072,839 38.13% 1,734,095 227 LIGHTING DIST POST 218 280,420 - 500 280,920 155,185 44.76% 280,920 228 LANDSCAPE DIST POST 218 1,906,550 - 62,500 1,969,050 1,192,101 39.46% 1,969,050 229 PUBLIC WORKS CFD - 29,000 29,000 29,452 -1.56% 29,000 3,877,470 - 17,095 89,500 4,013,065 2,449,577 38.96% 4,013,065 380 EQUIPMENT REPLACEMENT - - - 475,772 475,772 - 100.00% 475,772 680 ADMINISTRATIVE SERVICES 1,666,000 - - 10,000 1,676,000 1,097,536 34.5 1% 1,676,000 681 WORKERS COMP 1,584,700 - - 1,500 1,58 6,200 1,140,675 28.09% 1,586,200 682 MEDICAL/DENTAL 305,000 - - - 3 05,000 180,556 40.80% 305,000 683 LIABILITY FUND 1,898,600 - - 1,500 1, 900,100 1,698,408 10.61% 1,900,100 684 VEHICLE MAINTENANCE 1,441,500 - - 92,000 1,533,500 1,031,861 32.71% 1,533,500 685 FACILITIES MAINTENANCE 1,663,100 - 363,673 750 2,027,523 1,053,534 48.04 % 2,027,523 686 PW ADMINISTRATION - - - - - 100 100.00% - 689 OPEB 4,907,100 - - - 4,907,100 3,031,144 38.23% 4,907,100 690 UNEMPLOYMENT BENEFITS 25,000 - - - 25,000 10,094 59.62% 25,000 691 CITY ATTORNEY ALLOCATION 1,625,000 - - - 1,625,000 387,419 7 6.16% 800,000 692 EMERGENCY SERVICES - - - - - 144 100.00% - 15,116,000 - 363,673 581,522 16,061,195 9,631,470 40.03% 15,236,195 232 PUBLIC SAFETY GRANTS - - 220,950 122,774 343,724 51,689 84.9 6% 343,724 236 COPS /AB 3229 - - 218,788 - 21 8,788 164,134 24.98% 218,788 237 LLEBG - - - - - 0.00% - 240 CDBG 881,758 - 1,535, 826 3,250 2,420,834 810,774 66.51% 2,420,834 242 HOME - Program Income - - - - - 0.00% - 245 CALHOME - - - - - - 0.00% - 246 HOME - - - - - - 0.00% - 247 NSP GRANT - - - - - 198 0.00% - 260 INDIAN GAMING GRANTS - - - 0.00% - 881,758 - 1,975,564 126,024 2,983,346 1,026,795 65.58% 2,983,346

EXPENDITURE SUMMARY

TOTAL GRANT FUNDS

TOTAL ENTERPRISE FUND
ASSESSMENT DISTRICT FUNDS:

TOTAL ASSESSMENT DISTRICT
INTERNAL SERVICE FUNDS:

TOTAL INTERNAL SERVICE

GRANT FUNDS

SPECIAL REVENUE FUNDS

TOTAL SPECIAL REVENUES
DEVELOPMENT IMPACT FEE FUNDS:

TOTAL IMPACT FEE FUNDS
ENTERPRISE FUND:

15.M

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 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:

An Ordinance of the City Council of the City of Hemet, California, Amending Article V of Chapter 2 Related to Purchasing

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Waive Full reading and Introduce by Title Only An Ordina nce of the City Council of the City of Hemet, California, Amending Article V of Chapter 2 Related to Purchasing; and,

2. Direct the City Clerk to Place the Ordinance for Second Reading and Adoption on the Agenda of the Next Regularly Scheduled Meeting of the City Council.

BACKGROUND:

The City of Hemet is required to have a Purchasing Ordinance under Government Code Section 54201 and Public Contract Code 20160 to provide guidance and direction to City staff on the purchase of goods, services, and for the co nstruction of public projects. The purpose of the City's Purchasing Ordinance is to ensure that the City of Hemet receives high -quality goods, services, and construction at competitive prices, and to ensure equal access to businesses seeking to provide suc h goods, services, and construction.

Over the last year and a half, the Finance Department and City Attorney's Office have kept an ongoing list of issues related to procurement, including ambiguous language that requires interpretations, practices based on past process rather than codified ordinance language, inefficiencies that have hindered City operations and, in some cases, outdated procedures that have resulted in significant cost increases to the City.

After reviewing those noted issues, the Finance Department and City Attorney's Office have drafted the attached amendment to the City's Purchasing Ordinance in an attempt to resolve these matters. A summary of the more significant changes is discussed belo w and the entire Ordinance is attached to this Staff Report.

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1) Emergency Purchases. There have been several instances, especially concerning public projects, where the City has been unable to efficiently react to an emergency situation because the City Manager has not been delegated emergency authority. The proposed Ordinance includes provisions for the emergency purchase of goods and services (Section 2 -331(a)) and public projects (Section 2 -333(i)) up to $500,000, contingent upon the City Manager repor ting the expenditures at the next regular meeting.

2) Annual Purchasing Limits. The City oftentimes seeks to obtain goods and services with "locked -in" pricing over several years, however, oftentimes a contract may have a low amount on an annual basis, but over the entire term of the agreement, the total amount will exceed the City Manager's authority (currently set at $50,000). Additionally, existing contracts authorize the City Manager to extend the term of the agreement but not to increase the amount e xpended under the agreement. The proposed Ordinance retains the $50,000 limit on City Manager's purchasing authority, but that limit is on an annual basis. Existing contract language requires the City Council to appropriate funds for multi -year agreements for the agreement term to continue, so the City Council will still have oversight authority.

However, the City Council's action on extending contracts would now be handled through the budget process rather than needing staff to bring each extension back to City Council for approval.

3) Increased Purchasing Limits for Motor Vehicles. While the City Manager's general purchasing authority would remain at $50,000, there would be a single exception for motor vehicles that would increase the City Manager's aut hority to $75,000. This change is in response to increases in motor vehicle prices over the last year and decreases in available supply. Many departments are having issues purchasing single vehicles because cooperative purchasing agreements do not have ava ilable vehicles and purchasing off the lot is difficult when it oftentimes takes weeks to obtain City Council approval. Usually, when a vehicle is available at a local dealer in Riverside County, the City may have days to effectuate a purchase.

4) Increa sed Descriptions for "Exempt" Purchases. The new Purchasing Ordinance includes an expanded explanation for when a purchase is exempt from the competitive purchasing requirements, including emergencies, small value (less than $5,000), Sole Source, Piggyback ing, Cooperative Purchasing, Purchases Not Supported, No Bids Received, and City Council Authorization (4/5ths vote).

5) Bids Received. Finally, a common issue has occurred where despite the City using new processes to increase bid responses, the City still does not receive the minimum number of responsive bids. The Purchasing Ordinance would not allow the City to proceed with a purchase so long as at least three vendors were solicited regardless of the number that actually respond.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

None

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ALTERNATIVE(S):

The City Council may make amendments to the proposed Purchasing Ordinance or decline to approve the Purchasing Ordinance.

ATTACHMENT(S):

Attachment 1: Hemet Purchasing Ordinance Cover
Attachment 2: Exhibit A to Procurement Ordinance_final_v3

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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. xxxx

AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

AMENDING ARTICLE V OF
CHAPTER 2 RELATED TO

PURCHASING

THE CITY COUNCIL OF THE CITY OF HEMET DOES
HEREBY ORDAIN AS FOLLOWS:

SECTION 1.Amendment.

Division 3 of Article V of Chapter 2 the Hemet Municipal Code is hereby amended to read as set forth in Exhibit “A” attached hereto and incorporated herein by reference.

SECTION 2. Repeal.

Division 4 of Article V of Chapter 2 of the Hemet
Municipal Code is hereby repealed.

SECTION 3. Environmental Determination.

The City Council finds the adoption of this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378 because the

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activity relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment under Section 15378(b)(5)), and 15061(b)(3) (the activity will not have an effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Article 3, because this ordinance has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 4. Severability.

If any provision of this Ordinance or the application
thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. The City Council of the City of Hemet declares that they would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 5. Certification.

The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the
provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.

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INTRODUCED at the regular meeting of Hemet City
Council on May 24, 2022.
.
_________________________
Malcolm Lilienthal, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________
_________________________
John Paul Maier, City Clerk Steven Graham
City Attorney

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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet,
do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the day of 2022
AYES: Council Members: None.

NOES: Council Members: None.

ABSTAIN: Council Members: None.

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

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Created: 2022-02-10 09:55:28 [EST]
(Supp. No. 64, Update 3)

DIVISION 3. PURCHASING
Sections:

Sec. 2-326. Purpose and Intent; Procurement Ethics.

Sec. 2-327. Definitions.

Sec. 2-328. Procurement Procedures – Goods and Services.

Sec. 2-329. Informal Procurement – Goods and Services.

Sec. 2-330. Formal Procurement – Goods and Services.

Sec. 2-331. Exceptions to Competitive Procurement -- Goods and Services.

Sec. 2-332. Local Preference.

Sec. 2-333. Public Projects.

Sec. 2-334. Change Orders – All Procurement.

Sec. 2-335. Designation of Surplus Personal Property.

Sec. 2-336. Disposition Method.

Sec. 2-337. Other Methods of Disposal.

Sec. 2-338. Unclaimed Property.

Sec. 2-326. Purpose and Intent; Procurement Ethics.
(a)Purpose and Intent. This division is adopted pursuant to Government Code § 54201 et seq. with respect to Goods and Services, and pursuant to Public Contract Code § 20160 et seq. with respect Public Projects, to provide guidance and direction regarding Procurement to ensure that the City and its departments will receive high quality products and services at minimum cost to the taxpayer. The policies and procedures contained in this division are not intended to conflict with the Public Contracts Code or any other applicable law governing the solicitation of Bids and award of Contracts for Public Projects.
(b)Procurement Ethics. All City officers and employees directly or indirectly involved in Procurement shall adhere to the following ethical standards:
(1) City officers and employees shall strive to maximize the value of every expenditure of public funds. (2) City funds and resources shall be used with care and guided by prudent judgment and good business practices.
(3) Public funds shall be spent solely for the benefit of the public and in a manner that is consistent with all applicable federal, state, and local laws, regulations, policies, and procedures. (4) City officers and employees shall ensure that all Procurements are conducted with integrity under the principles of open and fair competition.
(5) All Procurements shall be conducted with professional courtesy, impartiality, and objectivity in order to foster respect and public trust.
(6) City officers and employees shall not interfere with the carrying out of the duties and responsibilities of other city officers and employees under this division. (7) All actual or potential conflicts of interest related to the Procurement process shall be reported immediately to the Finance Director or City Manager. Actual and perceived conflicts of interest shall be avoided throughout the entire Procurement process.

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Created: 2022-02-10 09:55:28 [EST]
(Supp. No. 64, Update 3)

(8) Positive business relationships shall be fostered and maintained through professional, fair, and equal treatment of all Vendors and Contractors.

Sec. 2-327. Definitions.

The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Best Value” shall mean the expected outcome of a solicitation that in the City's estimation will provide the greatest overall benefit to the City, including price, quality, durability, servicing, delivery time, Vendor reputation, standardization, and/or other factors that, in the Purchasing Officer’s judgment, demonstrate overall benefit to the City.
“Bid” shall mean an offer or proposal submitted by a Bidder setting forth the price for the Goods, Services, or Public Project to be provided.
“Bidder” shall mean any individual, firm, entity, partnership, or corporation or combination hereof, submitting a Bid.
“Change Order” shall mean a City-issued document used to modify a Purchase Order to add, delete, or revise the quantity, price or scope of Goods, Services, or Public Project being provided. “Competitive Procurement” shall mean a process involving the solicitation of Goods, Services, or Public Projects, under the authority and supervision of the Purchasing Officer, by Formal Procurement or Informal Procurement pursuant to procedures and circumstances intended to foster effective, broad-based competition within the private sector to provide Goods, Services, or Public Projects to the City. “Contract” shall mean any type of legally recognized agreement to provide Goods, Services, or a Public Project, no matter what it may be titled or how described, including executed Purchase Orders, but does not include any agreement for collective bargaining, utility extensions, subdivision improvements or any agreements whereby an owner of real property or his or her authorized representative agrees to construct improvements of a public nature on property to be dedicated to the City.
“Contractor” shall mean any party who Bids on or enters into a Contract with the City for a Public Project. “Cooperative Purchasing” shall mean a purchasing method whereby the Procurement requirements of two or more governmental entities are combined in order to obtain the benefit of volume Procurement or reduction in administrative expenses and may include other agencies who conduct volume procurements on behalf of government agencies.
“Department Head” shall mean the director of a department of the City of Hemet or that department head’s designee.
“Electronic Bidding System” shall mean the electronic program used by the City for Bidding that provides a secured platform for the solicitation and submission of Bids in compliance with Bidding policies and procedures. “Emergency” shall mean either: (a) regarding Public Projects, as defined in this division, the meaning provided in Public Contract Code § 1102, or (b) regarding all Procurement unrelated to Public Projects, a safety condition or situation which makes Bidding procedures, either formal or informal, impractical or not in the City’s best interests. “Finance Director” shall mean the Director of the Finance Department for the City of Hemet.

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“Force Account” shall mean work performed on Public Projects using internal City resources, including, but not limited to, labor, equipment, materials, supplies and subcontracts of the City. “Formal Bid” shall mean a Bid submitted in response to a Formal Procurement. “Formal Procurement” shall mean Competitive Procurement by written notice inviting Bids, Requests for Proposals, or Request for Qualifications.
“Goods” shall mean supplies, materials, equipment, and other things included within the definition of “goods” in Section 2015 of the California Uniform Commercial Code. “Informal Bid” shall mean a Bid submitted in response to Informal Procurement. “Informal Procurement” shall mean Competitive Procurement by Bid, price quotation, or proposal for any Procurement that is conveyed by mail, fax, email or other electronic means, or other written manner that does not require a sealed Bid or proposal, public opening, or other formalities. “Lowest Responsive Bidder” means the Bidder for Goods or Services who submits the lowest priced responsive Bid in response to the City’s invitation or request therefor, after adjustments for Qualified Local Vendors. “Lowest Responsible Bidder” shall mean the Bidder for a Public Project who fully complies with all Bid requirements and whose past performance, reputation, and financial capability is deemed acceptable, and who has offered the most advantageous pricing or cost benefit, based on the criteria stipulated in the Bid documents. “Negotiated Contract” shall mean the Procurement of Goods, Services, and Public Projects through a negotiation procedure instead of Competitive Procurement. “Nonprofessional Services” shall mean services that are not affiliated with a Public Project that require manual skills rather than specialized skill or professional certification. "Personal Property" shall include money, goods, chattels, negotiable instruments, written evidence of rights in legal actions, evidences of debts, and other items of intrinsic value which are not considered by law to be real property, but shall exclude animals.
“Procure” or “Procurement” shall mean buying, purchasing, renting, leasing or otherwise acquiring or obtaining Goods, Services, or Public Projects, and all functions and procedures related thereto, including through use of Electronic Bidding System.
“Professional Services” shall mean all services that are not affiliated with a Public Project performed by persons or firms in a professional occupation, including, but not limited to, consulting and performance services for accounting, financial, economic, auditing, redevelopment, computer hardware and software support, engineering, architectural, landscape architectural, planning, environmental, land surveying, construction project management, personnel, social services, animal control, lobbying, grant-writing, legal, management, communication and other similar professional functions. “Purchasing Officer” shall mean an employee whose responsibility it is to Procure all Goods, Services, and Public Projects for the City.
“Public Project” shall have the meaning set forth in Public Contract Code § 22002(c), and for purposes of this division, shall include maintenance work as defined in subsection (d) thereto, as allowed by Public Contract Code § 22003.

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“Qualifying Local Vendor” shall mean a Vendor of Goods and Nonprofessional Services that: (1) has fixed facilities with employees and a business street address (post office box or residential address shall not suffice to establish a local presence) located within the City limits; (2) has a City business license, and (3) if related to a Procurement of Goods, all sales tax returns for the Goods purchased are reported to the state through a business within the geographic boundaries of the City.
“Responsible Bidder” shall mean a Bidder for Goods or Services who is determined by the City Manager, Purchasing Officer, or Department Head, as may be applicable, to be responsible based on the following criteria:
(1) Bidder’s ability, capacity, and skill, (2) Bidder’s facilities and resources, (3) Bidder’s character and reputation, (4) Bidder’s record of performance with the City, and (5) Bidder’s compliance with laws, regulations, guidelines, and orders governing prior Contracts performed by the Bidder. “Services” shall mean Nonprofessional Services and Professional Services. “Surplus Personal Property” shall mean inventory of Personal Property not needed by the City at the present time or in the foreseeable future, such as obsolete supplies, equipment, and scrap materials that have little or no useful life, not including real property.
"Unclaimed Property" shall mean Personal Property of others taken into the possession of the Police Department or left in its possession or turned over to it by a person who found or saved such property, but does not include: (1) property subject to confiscation under the laws of the State or of the United States; (2) vehicles, the storage, sale, or other disposition of which is governed by the provisions of the Vehicle Code; and (3) property held as evidence, dangerous or deadly weapons, narcotics or dangerous drugs, explosives or property of any kind whatsoever, which is prohibited, restricted or outlawed by state or federal statutes, or which has been intentionally abandoned by its owner, based on an objectively reasonable belief supported by facts or evidence that the property has been intentionally abandoned or relinquished. “Vendor” shall mean any party who Bids on or enters into a Contract with the City for Goods or Services.

Sec. 2-328. Procurement Procedures – Goods and Services. (a)Requisitions. Department Heads shall submit Procurement requests to the Purchasing Officer by standard requisition procedures prior to initiating any Procurement and shall identify the type and quantity of Goods and/or Services required to fulfill the responsibilities of their respective departments. Prior to submitting requisitions, Department Heads shall ensure that the required Goods and Services are budgeted.
(b)Method of Procurement. Procurement shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the requirements of this division. The procedure to be followed in awarding Contracts for Goods and Services is determined initially by the estimated cost to the City for the Goods and/or Services, as follows:

Dollar Amount (Not to Exceed Annual Amount) Procurement Method Up to $5,000.00 No competitive procurement.
$5,000.01 - $50,000.00 See Informal Procurement (Sec. 2-329) $50,000.01 and up See Formal Procurement (Sec. 2-330)

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(c)Scoring Methodology and Selection. The Purchasing Officer shall coordinate with Department Heads to determine the methodology that will be used to score and/or select Bid(s) and shall ensure that Informal Procurement and Formal Procurement is used appropriately in accordance with the terms and conditions of this division, including Sec. 2-329 (Informal Procurement) and Sec. 2-330 (Formal Procurement). (d)Form of Contract. Procurement valued at $2,500 to $35,000 may be memorialized by purchase order with standard terms and conditions previously approved by the City Attorney. Procurement valued at more than $35,000 shall require a written agreement for Goods or Services and shall be reviewed and approved by the City Attorney, and such agreement shall be in addition to and not in lieu of a purchase order.

Notwithstanding the foregoing, the City Attorney may authorize the use of a purchase order (with no additional written agreement) for Procurement of Goods or Services over $35,000 if use of a purchase order would sufficiently protect the City’s interest. Blanket purchase orders may be used but shall still comply with the requirements of subsection (e). Procurement valued at under $2,500 shall not require a purchase order.
(e)Contract Authority.
(1) After a Bidder is selected, no Services shall be commenced and no Goods shall be delivered until a fully-executed Contract is obtained in accordance with the following signature requirements:

Dollar Amount (Not to Exceed Annual Amount) Approval Authority Up to $5,000.00 Department Head
$5,001.01 - $20,000.00 Purchasing Officer
$20,000.01 - $35,000.00 Finance Director
$35,000.01 - $50,000.00 City Manager (without Council approval) $50,000.01 and up City Manager (with Council approval)
(2) Notwithstanding any other language in this Code to the contrary, the City Manager shall have the approval authority to purchase motor vehicles in an amount not to exceed $75,000, using the most efficient procurement procedure available under this Ordinance. (f)Contract Administration. Department Heads shall supervise the inspection of Goods purchased to ensure that the items conform to the quality expectations of the City. It shall be the responsibility of Department Heads to monitor adherence to the terms and conditions of Contracts for Services and to provide coded and approved invoices to the Finance Department for payment in a timely fashion. (g)Payment. The Finance Director shall be responsible for issuing payments to Vendors after receiving properly coded and approved invoices. The Finance Director has a duty to withhold payments to Vendors if any of the following are true:
(1) The term of the Contract has expired;
(2) The not-to-exceed amount specified by Contract has been exceeded; or (3) The Services performed or Goods received are outside the scope of the Contract. (h)Written Records. Written records for Procurement shall be maintained in accordance with the City’s retention schedule and shall be made available to the public for inspection. Such records shall include any and all Bids and supporting materials, and the business name, address, representative, and telephone number of the Vendor, as well as a description of the Bid items, including unit quantities where applicable, unit prices or lump sum amount quoted by the Vendor, and the date the Bid was received.

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Sec. 2-329. Informal Procurement – Goods and Services.

Procurement of Goods, Professional Services, and Nonprofessional Services of an estimated value of $50,000.00 or less, on an annual basis, may be made pursuant to the procedures in this section. (a)Informal Quotes. At least three (3) Informal Bids shall be solicited by means of a written or verbal request. Responses to the City’s request shall be in writing. (b)Award. For Procurement of Goods, the Contract shall be awarded to the Lowest Responsive Bidder. For Procurement of Professional Services or Nonprofessional Services, the Contract shall be awarded to the Responsible Bidder that provides the Best Value to the City or the Lowest Responsive Bidder, as deemed appropriate by the Purchasing Officer.
(c) Other Requirements not Specified. Unless otherwise stated herein in this section 2-329, subsections (d) – (g) in section 2-330 shall apply to Informal Procurement.

Sec. 2-330.Formal Procurement – Goods and Services.

Procurement for Goods, Nonprofessional Services, and Professional Services of an estimated value greater than $50,000.00, on an annual basis, shall be made pursuant to the procedure prescribed in this section. (a)Goods and Nonprofessional Services. Goods and Nonprofessional Services shall be Procured in accordance with the following:
(1) Bid Notice. Notices inviting Bids shall include a general description of the Goods to be purchased or the Nonprofessional Services to be performed and shall state where and when Bid packages may be secured and the time and place of the Bid opening. If Bidder’s security is required, as set forth in subsection (4) herein, notices shall state this fact and the type and amount of the security required.

If the Purchasing Officer requires a performance or payment bond, as set forth in subsection (6) herein, notices shall state the form and amount of the bonds required. (2) Publication and Mailing. At least ten (10) calendar days before the opening of Bids, a notice inviting Bids shall be published in a newspaper of general circulation in the City, or as otherwise permitted by law. Such notice may also be published on the City's Electronic Bidding System. (3) Bidders’ List. The Purchasing Officer may establish and maintain a list of prospective Bidders. It shall not be the responsibility of the Purchasing Officer to ensure that the list contains current information with respect to the address, service, or product of the prospective Bidder. The Purchasing Officer is authorized to mail or otherwise distribute written invitations for Bids directly to the appropriate prospective Bidders appearing on the list and to other prospective Bidders. (4) Bidder's Security. The Purchasing Officer may require each Bid to be accompanied by a Bidder's bond, certified or cashier's check, or cash, in an amount not more than ten percent (10%) of the total Bid. When Bid security is required, Bidders shall be entitled to return of Bid security; however, if a successful Bidder refused to or failed to execute the Contract within twenty (20) business days after the notice of award has been mailed or otherwise delivered in a written format, unless, and to the extent the City is not responsible for the delay, its Bid security shall be deemed forfeited. (5) Bid Opening Procedures. Formal Bids submitted in paper format shall be submitted to the Purchasing Officer in accordance with the notice inviting Bids and shall be identified as a Bid on the envelope. Notwithstanding the foregoing, a Bidder who submits its Formal Bid through the Electronic Bidding System, pursuant to subsection (g), shall not be required to also submit the Formal Bid in paper format. Bids shall be opened in public at the time and place stated in the public notice. A record of the Bids received shall be available for public inspection after the Bids have been opened, indicating the amount Bid by the various Bidders and the basis for awarding the

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Contract if other than the Lowest Responsive Bidder is awarded the Contract. Such list shall be available for at least thirty (30) days after the award has been made. (6) Performance and Payment Bonds. The Purchasing Officer may require performance and payment bonds before a Contract is awarded for Goods or Nonprofessional Services in such amounts as the Purchasing Officer shall find reasonably necessary to protect the best interest of the City and to comply with law.
(b)Professional Services. Professional Services shall be Procured in accordance with the following:
(1) Bid Notice. Notices inviting Bids shall include a general description of the Professional Services to be Procured and the time and place for the submission of Bids. (2) Publication. Notices inviting Bids shall be published on the City’s website and/or on the City’s Electronic Bidding System.
(3) Bid Opening Procedures. Formal Bids submitted in paper format shall be submitted to the Purchasing Officer in accordance with the notice inviting Bids and shall be identified as a Bid on the envelope. Notwithstanding the foregoing, a Bidder who submits its Formal Bid through the Electronic Bidding System, pursuant to subsection (g), shall not be required to also submit the Formal Bid in paper format.
(c)Award of Contracts. Except as otherwise provided herein, Contracts shall be awarded based on the methodology the notice inviting Bids stated would be used for evaluation of the Bids. Contracts for Goods shall be awarded to the Lowest Responsive Bidder. Contracts for Professional Services and Nonprofessional Services shall be awarded to the Responsible Bidder that provides the Best Value to the City or the Lowest Responsive Bidder, as deemed appropriate by the Purchasing Officer. (d)Rejection of Bids/Cancellation of Solicitation. Any and all Bids submitted pursuant to this section may be rejected by the City. The City may also cancel any open solicitation of Bids when it is in the City’s best interest to do so.
(e)Tie Bids. If two or more Bids received rank equally under the methodology being used, and if the public interest will not permit the delay or re-advertising for Bids, the City may award the Bid to either Bidder. (f)Failure to Contract. If a successful Bidder refuses or fails to execute a Contract within twenty (20) days of award, the City may choose not to award the Contract and either reject all Bids or award the Contract to the second place Bidder.
(g)Use of Electronic Means. Consistent with the stated policy of promoting efficient public contract law, consistent with the best of modern practice and research, the City shall be authorized to use an Electronic Bidding System, so long as the purpose and intent of applicable state law, this division, and any supplemental rules or regulations are met. In using an Electronic Bidding System, the City shall provide Bidders with an electronic receipt showing the date and time the submitted Bid was received.

Sec. 2-331. Exceptions to Competitive Procurement -- Goods and Services.

For Procurement of Goods, Professional Services, and Nonprofessional Services, the following situations are not subject to the Competitive Procurement requirements in sections 2-329 and 2-330:
(a)Emergencies. Upon determining that an Emergency exists, City Manager may dispense with otherwise applicable Competitive Procurement procedures and signature authority requirements to authorize a Procurement necessary to address, avoid, or ameliorate the circumstances creating the Emergency or

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the resulting damage or potential damage, up to an amount not to exceed Five Hundred Thousand Dollars ($500,000). An Emergency Procurement will be limited in scope and duration to the extent necessary to satisfy the Emergency need. The City Manager must report to the Council any Emergency purchase made and the basis therefor at the next Council meeting following the Emergency Procurement.
(b)Small Value Procurement. Competitive Procurement shall not be required when the value of the Goods, Professional Services, or Nonprofessional Services is equal to or less than $5,000. (c)Sole Source. Procurement may be made or Contract awarded without a Competitive Procurement process when there is only one reasonable and practicable source for the required Goods or Services because of the unique quality of the Goods or Services; availability; compatibility with existing city programs, equipment or systems; or fitness for a particular use. Such a sole source purchase must be determined to meet the Procurement policies and procedures and be recommended for approval by the Purchasing Officer.
(d)Piggyback. Procurement may be made or Contract awarded without a Competitive Procurement process when the Purchasing Officer determines that Competitive Procurement has been conducted by another public agency and the price to the City is equal or better than the price to that public agency. (e)Cooperative Purchasing. Procurement may be made or Contract awarded without a Competitive Procurement process when the Purchasing Officer determines that Goods or Services may be obtained through Cooperative Purchasing. Nothing in this subsection shall prohibit the Purchasing Officer from obtaining Bids for the purpose of determining whether the Cooperative Purchasing price is the lowest price or greatest value to the City.
(f)Purchases Not Supported by Competitive Bidding Process. Except where otherwise required by law or by applicable funding conditions, Goods and Services may be Procured without a Competitive Procurement process for Procurements which are not readily adaptable to the open market and bidding processes.

Such procurements include but are not limited to: (1) utility services (telephone, gas, water, sewer and electricity) provided to City buildings and facilities, (2) franchises awarded by the Council, (3) insurance or bond premiums, and (4) subscriptions, memberships, software licenses, and advertisements. (g)No Bids Received. Procurement may be made or Contract awarded without a Competitive Procurement process when no Bids are received pursuant to sections 3-329 and 2-330. (h)Council Waiver. Notwithstanding any provisions of this division, Council may waive procurement requirements for Goods and Services by a 4/5ths vote upon making written findings that it is in the City’s best interest to do so.

Sec. 2-332. Local Preference.

The City has established a local vendor preference program to be applied in the Procurement of Goods and Nonprofessional Services. The adjustment to a Formal Bid or Informal Bid provided by a Qualifying Local Vendor shall be implemented according to the following:
(a)Preference. Preference shall be given to Vendors that submit a written statement in their Bid requesting to be considered a Qualifying Local Vendor and certifying that they meet the criteria in the definition of Qualifying Local Vendor set forth in Sec. 2-327.
(b)False Certifications. False certifications shall be immediate grounds for rejection of any Bid or if the Contract is awarded, grounds for voiding the Bid, terminating any agreement, and seeking damages thereto. Failure to certify the above information shall result in the Bid being considered by the City without any adjustment for the Vendor as described in subsection (c) below.

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(c)Application of Local Vendor Preference.
(1) If the award criteria is Lowest Responsive Bidder, a Qualified Local Vendor shall be given a five percent reduction in price.
(2) If the award criteria is Best Value to the City, the City shall include criteria that gives Qualifying Local Vendors preference in the evaluation process. The equivalent of a five percent preference will be added to the final evaluated score of each Qualifying Local Vendor. If the five percent preference causes a Qualifying Local Vendor to have the best overall score, the Qualifying Local Vendor may be deemed the Vendor that provides the Best Value to the City, provided, said Qualifying Local Vendor must elect to reduce the price portion of its submission to match the price portion of the lowest Bid.

Sec. 2-333. Public Projects.

By resolution adopted pursuant to Public Contract Code § 22003, the City Council has elected to have the City be subject to the Uniform Public Construction Cost Accounting Act (Public Contract Code §§ 22000—22045) (the "Act"). As such, the City is subject to the procedures set forth in article 2 (commencing with section 22010) of the Act, may utilize the bidding procedures set forth in Article 3 (commencing with section 22030) of the Act when contracting for all Public Projects, including maintenance. The purpose of this division is to supplement the Act. Nothing in this division shall be construed in a manner that conflicts with the Act. Procurement for Public Projects shall be made pursuant to the procedure prescribed in this section and in accordance with the Public Contract Code.
(a)No Competitive Procurement. Public Projects of fifty thousand dollars ($50,000) or less may be performed by Force Account or Negotiated Contract.
(b)Informal Procurement. Public Projects which are in accordance with the limits established in Public Contract Code § 22032(b) may be Procured pursuant to Informal Procurement as follows:
(1) Contractors List. The Procurement Officer shall maintain a list of Contractors, identified according to categories of work. Such list shall be maintained in accordance with Public Contract Code § 22043, together with any criteria promulgated from time to time. (2) Bid Notice. At least ten (10) calendar days before Bids are due, a notice inviting Bids shall be mailed, faxed, or emailed to all Contractors on the list for the category of work being bid and to all construction trade journals specified pursuant to the requirements of California Public Contract Code § 22036. Notwithstanding the foregoing:
(A) The Purchasing Officer may elect to notify additional Contractors and trade journals. (B) If there is no list of qualified Contractors maintained by the City for the particular category of work to be performed, the notice shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission. (C) If the product or service is proprietary in nature, such that it can be obtained only from a certain Contractor or Contractors, the notice inviting Bids may be sent exclusively to those Contractor(s).
(D) If all Bids for Public Projects are in excess of the monetary limits provided in Public Contract Code § 22034(d), then the City Council may award the contract consistent with Public Contract Code § 22034(d).

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(3) Bidder’s Security. The notice inviting Bids shall state that a payment bond is required from the successful Bidder in an amount not less than one hundred percent (100%) of the total amount payable pursuant to the Public Project Contract. The payment bond shall be in a form of a bond and not a deposit or other security in lieu of a bond.
(c)Formal Procurement. Unless otherwise provided by the Public Contract Code, the following procedures shall apply to Procurement for Public Projects:
(1) Bid Notice. Notices inviting Bids shall include a distinct description of the Public Project to be performed and shall state where and when Bid packages may be secured and the time and place of the Bid opening.
(2) Publication And Mailing. Notice inviting Bids shall be published at least fourteen (14) calendar days before the opening of Bids in a newspaper of general circulation in the City or as otherwise permitted by law through the City's Electronic Bidding System, pursuant to Public Contract Code § 22037.

Notices may also be sent electronically, if available, by either facsimile or electronic mail, and mailed to all construction trade journals specified in the Public Contract Code § 22036, at least fifteen (15) calendar days before Bid opening.
(3) Bidder's Security. The notice inviting Bids shall state that a payment bond is required from the successful Bidder in an amount not less than one hundred percent (100%) of the total amount payable pursuant to the Public Project Contract. The payment bond shall be in a form of a bond and not a deposit or other security in lieu of a bond.
(4) Bid Opening Procedures. Formal Bids shall be submitted to the Purchasing Officer in accordance with the notice inviting Bids and shall be identified as a Bid on the envelope when submitted in paper format. Bids shall be opened in public at the time and place stated in the public notice. A record of the Bids received shall be available for public inspection after the Bids have been opened, indicating the amount bid by the various Bidders and the basis for awarding the Contract if other than the Lowest Responsive Bidder is awarded the Contract. Such list shall be available for at least thirty (30) days after the award has been made.
(d) Award of Contracts. The Department Head or Purchasing Officer, as may be applicable, shall award a Contract for a Public Project to the Lowest Responsible Bidder. (e)Rejection of Bids/Cancellation of Solicitation. Any and all Bids submitted pursuant to this section may be rejected by the City. The City may also cancel any open solicitation of Bids when it is in the City’s best interest to do so.
(f)Tie Bids. If two or more Bids received rank equally under the methodology being used, and if the public interest will not permit the delay or re-advertising for Bids, the City may award the Bid to either Bidder. (g)Failure to Contract. If a successful Bidder refuses or fails to execute a Contract within ten (10) days of award, the City may choose not to award the Contract and either reject all Bids or award the Contract to the second place Bidder.
(h)Use of Electronic Means. Consistent with the stated policy of promoting efficient public contract law, consistent with the best of modern practice and research, and pursuant to the authority granted by Public Contract Code §§ 1600 and 1601, the City shall be authorized to use an Electronic Bidding System, so long as the purpose and intent of applicable state law, this division, and any supplemental rules or regulations are met. In using an Electronic Bidding System, the City shall provide Bidders with an electronic receipt showing the date and time the submitted Bid was received.

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(i)Emergency. Pursuant to Public Contract Code § 22050, upon determining that an Emergency exists, City Manager may dispense with otherwise applicable Competitive Procurement procedures and signature authority requirements to authorize a Procurement necessary to address, avoid, or ameliorate the circumstances creating the Emergency or the resulting damage or potential damage, up to an amount not to exceed Five Hundred Thousand Dollars ($500,000). An Emergency Procurement will be limited in scope and duration to the extent necessary to satisfy the Emergency need. The City Manager must report to the Council any Emergency purchase made and the basis therefor at the next Council meeting following the Emergency Procurement.
(j) “No Competitive Advantage.” The Purchasing Officer may dispense with otherwise applicable Competitive Procurement procedures if the advertisement for Bids would be undesirable, impractical, or impossible, and if Competitive Procurement would not result in any advantage to the City in efforts to contract for the greatest public benefit. In such instances, the Purchasing Officer may Procure Public Projects through Negotiated Contract, Cooperative Purchasing, or by piggybacking off a Competitive Procurement that has been conducted by another public agency when the price to the City is equal to or better than the price to the public agency. If the Purchasing Officer dispenses with otherwise applicable Competitive Procurement procedures pursuant to this subsection (j), the City Council shall approve or ratify such determination by making written findings that there is no competitive advantage to be gained by competitively bidding the Public Project.
(k)Signature Authority and Contract Required. For purposes of Contract authority and form of the Contract, the requirements set forth in Sec. 2-328(e) and (f) shall apply.

Sec. 2-334. Change Orders – All Procurement.

The City Manager may approve a Change Order of up to ten percent of the original Contract for Goods, Services, or Public Projects in an amount not to exceed $25,000.00, whichever is less, provided that adequate budget is available.

Sec. 2-335. Designation of Surplus Personal Property.

The City Council, City Manager, or any Department Head may declare any Personal Property held by such department as surplus. Such declaration shall be in writing, and such Personal Property, together with such written declaration, shall be delivered to the Purchasing Officer. The Purchasing Officer shall store such Personal Property and maintain a written inventory for review by each Department Head. If any Department Head has a use for such Personal Property, he or she may so request from the Purchasing Officer, who shall have the authority to assign the Personal Property to any department.

Sec. 2-336. Disposition Method.
(a)Low Value Items. If no Department Head has a use of the Surplus Personal Property, pursuant to Sec. 2- 335, and the Surplus Personal Property’s estimated value is five thousand dollars ($5,000.00) or less, the Purchasing Officer shall:
(1) Make an investigation of the market conditions of property of the type declared surplus and determine a price for item(s) which, in his/her opinion, will be competitive with prices in the open market,
(2) Sell such property at such prices by advertising in the most appropriate means which, in his or her opinion, will bring the greatest number of potential purchasers, (3) Ensure that at least three (3) days before the sale, notice is published in a newspaper of general circulation published and distributed in the City, or posted on the City's website, containing a general

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description of the type of property to be sold; the place where the items may be examined; and the place where the purchase price is to be paid and the property delivered, and (4) Ensure the terms of all such sales are in cash in the amount of the full purchase price. (b)High Value Items. If no Department Head has a use of the Surplus Personal Property, pursuant to Sec. 2- 335, and the Surplus Personal Property’s estimated value is more than five thousand dollars ($5,000.00), the Purchasing Officer shall:
(1) Determine whether to sell the item by electronic bid or public auction, contracting with a professional auctioneer or online auction service if it is in the City’s best interest, (2) Ensure that at least five (5) days before the sale, notice is published in a newspaper of general circulation published and distributed in the City, or posted on the City's website, containing a general description of the type of property to be sold and the time and place of such Bid opening or auction, (3) Ensure the terms of all sales are in cash in the amount of the full purchase price, and (4) Ensure that the sale by sealed or electronic bid or auction are to the highest responsible bidder.

Sec. 2-337. Other Methods of Disposal.
(a)Trade. Notwithstanding any provisions of this division for the sale of Surplus Personal Property in the open market or by auction, the Purchasing Officer may trade in Surplus Personal Property for an amount he/she determines to be reasonable, to be allowed toward the purchase of a similar type of Personal Property. Typical situations where this might apply would be in the disposal of used motor vehicles and other machinery and equipment for which trade-ins are commonly permitted by the manufacturer/dealer.
(b)Disposal of Unserviceable Property. When any Surplus Personal Property is deemed to be unserviceable, junk or scrap, or no longer suitable for its original purpose, the Purchasing Officer may destroy or sell the item for scrap.
(c)Nonprofits/Public Agencies. Upon written finding of public purpose and approval of the City Council, the Purchasing Officer may sell or donate items directly to public agencies and nonprofit organizations, without advertising the items pursuant to Sec. 2-336.

Sec. 2-338. Unclaimed Property.
(a)Generally. Pursuant to Civil Code § 2080.6, the City has elected to adopt and follow reasonable regulations, in lieu of the default provisions in the Civil Code, for the care, restitution, sale, or destruction of Unclaimed Property in its possession. Unclaimed Property found, recovered, or held by the City shall be disposed of in the following manner:
(1) All property which is subject to the provisions of the Penal Code and regulated thereby shall be handled in accordance with such provisions, notwithstanding any other provisions of this division. (2) If the owner of property appears and claims it within four (4) months, the City shall release such property to the owner.
(3) If the property is not claimed in accordance with paragraph (2) above, such property shall be transferred to the custody of the Purchasing Officer to be disposed of as follows:

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(A) Any such property may be determined by resolution of the City Council to be needed for City use and shall thereby be converted for such use.
(B) Property not otherwise needed for City use may be disposed of pursuant to section 2-336 and section 2-337.
(b)Money. Notwithstanding section 2-338(a), pursuant to Government Code §§ 50050 and 50051, the following process shall apply to Unclaimed Property that is money (excluding restitution to victims):
(1) Three Year Period to Claim. Money that remains unclaimed for a period of more than three (3) years becomes the property of the City not less than forty-five (45) days nor more than sixty (60) days after an initial public notice is published, as set forth in subsection (b)(2). (2) Initial Public Notice. At any time after the expiration of the three (3) year period, the City treasurer shall cause a notice to be published once week for two consecutive weeks in a newspaper of general circulation. The notice shall include the following information:
(A) The individual or business name as shown on the issued check, (B) The check date, number, and the amount of money on the issued check, and (C) A statement announcing that the money shall become the property of the City on the date that is not less than forty-five (45) days after the first publication of the notice. (3) Proof of Publication. A proof of publication from the newspaper is to be retained in accordance with the City’s records retention policy as proof that the City published the required notice for two consecutive weeks.
(4) Claim. Before the date the unclaimed money becomes the property of the City, a party of interest may file a claim which must include the following information:
(A) The claimant’s name, address, and telephone number, (B) Social security number or federal employer identification number, (C) Proof of identity such as a copy of a driver’s license, social security card, or birth certificate, (D) The amount of the claim, and
(E) The grounds for which the claim is found.
(5) Review. The City treasurer shall accept or reject that claim. If rejected, the party who submitted the claim may file a verified complaint seeking to recover all, or a designated part, of the money in a court of competent jurisdiction within Riverside County and serve a copy of the complaint and the summons upon the treasurer and city clerk. The copy of the complaint and summons shall be served within thirty (30) days of receiving notice that the claim was rejected. The treasurer shall withhold the release of the portion of unclaimed money for which a court action has been filed as provided in the section until a decision is rendered by the court.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Finance
Submitted by: Christopher Lopez, City Manager
Candace Sunds, Procurement Administrator;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Appointing Jamaar Boyd -Weatherby of Jones Mayer as Hearing Officer and Authorizing the City Manager to Execute an Agreement with Jones Mayer for Hearing Officer Services

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, appointing Jamaar Boyd - Weatherby of Jones Mayer as Hearing Officer and Authorizing the City Manager to Execute an Agreement with Jones Mayer for Hearing Officer Services.

BACKGROUND:

In January 2022, the City Council adopted Ordinance No. 1989, amending the Hemet Municipal Code as part of the City's strategy to improve the effectiveness and efficiency of Code Enforcement. O ne of the significant changes is a reorganization of the City's administrative hearing process to hold hearings on administrative enforcement appeals, abatement hearings, and approval of cost recovery. Section 1- 120 of the Hemet Municipal Code requires tha t the Hearing Officer be appointed by resolution of the City Council and authorizes the City Manager to establish rules and regulations for the Hearing Officer.

On April 11, 2022, the City posted a Request for Proposals in PlanetBids notifying 79 vendor s of the need for Hearing Officer Services. While the City only received one proposal from Jones Mayer, attached to this staff report, City staff recommends City Council approval. The attorney who would primarily serve as Hearing Officer is Jamaar Boyd -Weatherby, a highly qualified attorney with almost 19 years of experience who has served as Hearing Officer for several cities throughout Southern California, including San Bernardino, Chula Vista, Carlsbad, and Anaheim. In addition, Mr. Boyd - Weatherby has ex tensive experience in municipal law acting as city prosecutor, police litigation counsel, and work on internal investigations and appeals.

The appointment of the Hearing Officer would allow the City to begin holding hearings on administrative citation appeals, administrative civil penalties, abatements, and cost recovery by July 2022. The term

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of the appointment would be for three (3) years. During that time, Jones Mayer would be prohibited from doing any other legal work for the City (to prevent the appearance of bias or conflict of interest).

STRATEGIC PLAN INTEGRATION:

GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.

Objective 2: Increase transparency for the public.

FISCAL IMPACT:

Hearing Officer Services provided by Jones Mayer shall be billed at an hourly rate of $240 with a total annual not to exceed amount of $50,000.00 for a 3 year term ending June 30, 2025. Funding for this Agreement in the amount Not to Exceed $50,000 annually for a total of $150,000 over 3 years will come from the legal services fund. As costs are recovered they will be deposited back into this account to replenish itself.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution Hearing Officer
Attachment 2: Proposal by Jones Mayer for City of Hemet - Hearing Officer Services

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City of Hemet Resolution No. 2021-XXX

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX

A RESOLUTION OF THE

CITY COUNCIL OF THE

CITY OF HEMET,

CALIFORNIA,

APPOINTING JAMAAR

BOYD-WEATHERBY OF

JONES MAYER AS

HEARING OFFICER AND

AUTHORIZING THE CITY

MANAGER TO EXECUTE

AN AGREEMENT WITH

JONES MAYER FOR

HEARING OFFICER

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

WHEREAS, Section 1-120 of the Hemet
Municipal Code requires that the City Council appoint
the City’s Hearing Officer by resolution; and
WHEREAS, the City of Hemet issued a Request
for Proposals (“RFP”) on April 11, 2022 for Hearing
Officer Services; and
WHEREAS, Jamaar Boyd-Weatherby of the law
firm Jones Mayer responded to the RFP and has been

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City of Hemet Resolution No. 2021-XXX
determined to be qualified to perform the services of
Hearing Officer; and
WHEREAS, the City Council finds that
appointment of Jamaar Boyd-Weatherby as Hearing
Officer meets the strategic plan goal of promoting
Quality of Life by ensuring that Hemet is safe, clean,
attractive and comfortable for all who live, work, and
visit as well as the strategic plan goal of Organizational Effectiveness by providing services to the community
and ensuring financial stability.

NOW, THEREFORE, THE CITY COUNCIL OF THE

CITY OF HEMET DOES HEREBY FIND AND
RESOLVE AS FOLLOWS:

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

SECTION 2. City Council Actions.
a) Jamaar Boyd-Weatherby of the law
firm Jones Mayer is appointed as the
City of Hemet’s Hearing Officer
pursuant to Section 1-120 of the

16.B

City of Hemet Resolution No. 2021-XXX
Hemet Municipal Code for a term not
to exceed three (3) years.
b) The City Manager, or his designee,
is authorized and directed to execute
any purchase orders, agreements, or
other documents necessary to obtain
the services of Jamaar Boyd-
Weatherby as Hearing Officer, in an
amount not to exceed $50,000 per
fiscal year, so long as such purchase
orders, agreements, or other
documents are in a form approved
by the City Attorney.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

16.B

City of Hemet Resolution No. 2021-XXX

16.B

16.B

1 RESPONSE TO REQUEST FOR PROPOSAL

RE HEARING OFFICER SERVICES

FOR THE CITY OF HEMET

FULLERTON
3777 North Harbor Blvd.

Fullerton, CA 92835
P: 714-446-1400 I F: 714-446-1448

JONES MAYER
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WWW.JONES-MAYER.COM

CITRUS HEIGHTS
6349 Auburn Blvd.

Citrus Heights, CA 95621
P: 916-771-0635 I F: 916-771-0690

16.B

April 27, 2022

Submitted Via PlanetBids
Candace Sunds, Procurement Administrator
City of Hemet Finance Department - Purchasing Division
445 East Florida Avenue
Hemet, CA 92543

Re: Proposal for Hearing Officer Services for the City of Hemet

Dear Ms. Sunds:

Let me begin by thanking you for the opportunity to respond to the Request for Proposal for Hearing Officer Services (“RFP”). Jones Mayer is qualified to provide the City of Hemet with legal services related to Hearing Officer Services as outlined in the Scope of Services of the RFP.

The firm has extensive experience serving as administrative hearing officers for municipalities throughout the state. Due to our experience as City Attorneys and City Prosecutors, we also bring the unique combination of experience that will assist in handling the unique legal issues that arise during hearings involving cities. We are confident in our ability to provide informed and competent neutral evaluations of the appeals to ensure that the city can effectively enforce the code while simultaneously protecting due process and the procedural rights of the appellants.

Jones Mayer is a premier law firm focused on providing a full spectrum of legal services to cities and municipal agencies throughout California. Jones Mayer has offices in the Cities of Fullerton and Citrus Heights, California. Our firm currently is comprised of 14 Partners, 16 Associates, 11 Of Counsel, 4 Paralegals and 17 staff members . Jones Mayer is exclusively a municipal law firm. Our firm has provided legal services in all areas of the law associated with the representation and legal needs of our cities and other governmental entities for over 30 years.

Jones Mayer is service -oriented and committed to advising and assisting our clients with all facets of their operations . Jones Mayer is creative in finding solutions , and is pro active in helping our client cities avoid legal pitfalls. A hallmark of this firm’s service is responsiveness and an ongoing commitment to working closely with our clients. This team approach has provided an exceptional level of efficiency and responsiveness to the needs of our clients. The attorneys of Jones Mayer pride themselves on their quick return of phone calls and the firm’s flexibility in responding to our clients’ needs. Our problem-solving attitude with a hands-on and client centered style has proven tremendously successful in each of our cities.

Jones Mayer hereby proposes that Jamaar M. Boyd- Weatherby act as the primary Administrative Hearing Officer for the City of Hemet . His extensive years of experience in 1 QM]

JONES MAYER
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16.B

evaluating code enforcement cases makes him well qualified to serve as the A dministrative Hearing Officer for the City of Hemet . M r. Boyd-Weatherby has been with the law offices of Jones Mayer since June of 2008. Mr. Boyd- Weatherby served as the Administrative Hearing Officer for the City of San Bernardino from 2015 until 2017. Mr. Boyd-Weatherby serves as a hearing officer for the C ity of Anaheim, the City of Carlsbad, the City of Lynwood and the City of Chula Vista. Mr. Boyd-Weatherby has heard well over 200 cases as a hearing officer. The range of cases that were handled while serving as a neutral hearing officer include: nuisance abatement, administrative citations for property maintenance pursuant to the municipal codes, building code and/or zoning code; violations of the prohibition against short term rentals (e.g. Airbnb), business license violations, property forfeiture hearings, animal control cases -- including determinations of animals being deemed to be dangerous or vicious, and the regulation of illegal marijuana dispensaries. He has also served as the Deputy City Prosecutor for the Cities of San Bernardino, Westminster, Rancho Cucamonga, Lakewood, Stanton, Costa Mesa, Rialto, Buena Park, Fullerton, Fontana, Whittier, La Habra, Brea, Rolling Hills Estates and Upland. His other areas of practice include litigation, municipal law, police litigation, labor and employment law, and Pitchess motions.

Mr. Boyd-Weatherby is based out of the Fullerton office. Mr. Boyd-Weatherby’s contact information is:

Jamaar M. Boyd-Weatherby, Partner

JONES MAYER
3777 N. Harbor Blvd.

Fullerton, CA 92835
Office: (714) 446-1400
Email: [email protected]

We have provided full details of our qualifications as a firm, along with the specifics on our proposed Administrative Hearing Officer in the attached response. We would welcome the opportunity to provide high quality, creative and responsive legal services to the City of Hemet. If you have any questions or concerns, please feel free to contact me by phone at (714) 446-1400 or by email at [email protected].

Very truly yours,

Richard D. Jones
President

RDJ:kfk
Enclosures

2 JONES MAYER
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16.B

JONES MAYER

PROPOSAL TO PROVIDE HEARING OFFICER SERVICES

TABLE OF CONTENTS

Cover Letter ......................................................................................................................... 1 Table of Contents ................................................................................................................. 3 Primary Approach to the Administrative Hearing Officer Position .................................... 4 Resume of Proposed Hearing Officer Including Active California State Bar Number ...... 4 Demonstrate Proposed Hearing Officer Meets the Minimum Qualifications ..................... 4 Three References for which the Proposer has Provided Services Similar to Those of Administrative Hearing Officer or Municipal Law Experience .......................................... 5

Writing Sample of Administrative Hearing Order .............................................................. 5 Rate(s) of Compensation and Description of any Reimbursable Charges .......................... 5 Insurance Requirements ...................................................................................................... 6 Acknowledgement of Terms, Conditions, Attachments and Addenda ............................... 6 City of Hemet Business License .......................................................................................... 6 Diversity .............................................................................................................................. 6 Closing ................................................................................................................................. 6 Attachment A: Resume of Jamaar M. Boyd-Weatherby .................................................... 7 Attachment B: Writing Sample of an Administrative Hearing Order ................................ 9

3 JONES MAYER
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16.B

• Primary Approach to the Administrative Hearing Officer Position

The primary approach to the Administrative Hearing Officer position is to preserve the legitimacy of the administrative code enforcement effort by remaining neutral. The process by which a governmental entity undertakes to gain compliance with laws and regulations pertaining to property maintenance carries with it an element of due process. That element of due process requires a neutral party, such as a hearing officer, to provide those duties similar to a judge in Superior Court. A judge in Superior Court must be viewed with a level of trust for his or her impartiality. A hearing officer is no different. A hearing officer that is perceived as partial will not be trusted by the general community, and the entire proceeding will be viewed as a “kangaroo court.”

It will be the job of the Administrative Hearing Officer to provide a check and balance between the enforcement authority and the individual property owner. On those occasions where the evidence supports the violation alleged, the hearing officer should uphold the citation. In those cases where the hearing officer is not convinced that the evidence supports the alleged violation, in order to establish his or her level of impartiality, the hearing officer must reject the citation. In a circumstance where the violation was well proven, but equity and fairness dictate perhaps time to comply, a reduction in the penalty, or, the carrot and stick approach, whereby a penalty is reduced if a property owner brings the property into compliance on some specified date in the distant future, that should be the course of action. This would be the approach we would take to fulfilling the obligations of Administrative Hearing Officer for the City of Hemet.

• Resume of Proposed Hearing Officer Including Active California State Bar Number In addition to the above cover letter describing Mr. Boyd-Weatherby’s relevant experience, education, and training, a copy of his resume is attached hereto as Attachment A and includes his current California State Bar Number.

• Demonstrate Proposed Hearing Officer Meets the Minimum Qualifications Jamaar M. Boyd -Weatherby is an attorney in good standing with the State Bar of California. Mr. Boyd-Weatherby has 14 years of experience in municipal law . He has had no direct relationship with the City of Hemet. He has not been employed by or under contract with the City of Hemet, nor has he had a relative employed by the City. Mr. Boyd-Weatherby is able to perform the Scope of Services and other agreement requirements, includi ng conducting hearings at City of Hemet’s City Hall.

Mr. Boyd-Weatherby is prepared to attend hearings on appeals arising from administrative citations, abatement orders, administrative civil penalties, notices of violation, cannabis permitting and other administrative hearings as may be assigned by the City of Hemet from time to time. Mr. 4 JONES MAYER
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16.B

Boyd-Weatherby is aware that hearings will occur as requested by the City Manager or his or her designee, and is prepared to accept the following responsibilities:

• Scheduling hearings;
• Reviewing case documentation;
• Conducting hearings;
• Preparing a written determination; and
• Performing all other services as outlined in the agreement for services, including all work necessary for the effective handling of the City’s appeal hearings.

• Three References for which the Proposer has Provided Services Similar t o Those of Administrative Hearing Officer, Or Municipal Law Experience

City of Anaheim
Tiffany Gomez
Revenue & Licensing Supervisor
Anaheim Planning & Building Dept.
200 South Anaheim Blvd., Suite 136
Anaheim, CA 92805
(714) 765-5170
[email protected]
City of Carlsbad
Amber Molifua
Senior Office Specialist
Community Development Dept.
1635 Faraday Avenue
Carlsbad, CA 92008
(442) 339-2820
[email protected]

City of Lakewood
Charles Carter
Code Enforcement Manager
5050 Clark Avenue
Lakewood, CA 90713
(562)-866-9771
[email protected]

• Writing Sample of an Administrative Hearing Order
A writing sample of an Administrative Hearing Order is attached hereto as Attachment B.

• Rate(s) of Compensation and Description of Any Reimbursable Charges

Jones Mayer proposes that the billing rate for the performance of the work as the Administrative Hearing Officer be $240.00 per hour.

The maximum amount of legal fees within a fiscal year, without express written authorization to exceed, shall be $50,000.00. If the Vendor hits $50,000.00, the Vendor will obtain approval to continue to provide legal services to the City. Without express authorization from the City, the Vendor will cease to bill and perform legal services.

We generally do not bill fax, word processing, or small reproduction matters (under 100 pages). The firm will charge the client for actual necessary costs incurred for all of the following, including but not limited to: court filing fees, attorney services (includes service of process fees, arbitrators, and mediators), messenger services, Lexis -Nexis research, overnight/express mail service, mileage, parking fees, travel expenses, if applicable, including meals, hotel, air travel and 5 QM]

JONES MAYER
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16.B

car rentals, actual costs for large reproduction projects if performed by an outside service, or $0.10 per page (b/w) and $0.20 per page (color) if performed in house, and any other expense not listed above which becomes necessary to the successful resolution of a client matter.

• Insurance Requirements
Jones Mayer will provide the necessary certificate of insurance prior to commencement of any work as well as an underwriter’s endorsement per Exhibit C of the RFP’s Hearing Officer Services Agreement.

• Acknowledgement of Terms, Conditions, Attachments and Addenda

Jones Mayer will meet and exceed all terms and conditions of the RFP, and by submission of this proposal hereby acknowledges and incorporates the Attachments and any A ddenda of the RFP.

• City of Hemet Business License

Jones Mayer is not currently in possession of a City of Hemet Business License but will be able to obtain one.
• Diversity

Jones Mayer is an extremely diverse firm which actively promotes diversity and inclusiveness. Our attorneys and staff come from a variety of ethnic and religious backgrounds, including Latino, Vietnamese, Chinese, African American, Middle Eastern, Armenian, Caucasian, Muslim, Jewish, Latter -day Saint, Catholic and other denominations. We have a number of employees with physical disabilities, employees who are gay and lesbian, as well as employees who are married, single, domestic partners, with and without children, men and women. We have hired from a wide variety of law schools, from the ranks of public defenders, prosecutors, insurance companies, non-profits , and straight from law schools. We offer a clerkship program and actively seek out employees of all backgrounds, economic strata, and seek to ensure that our firm is as diverse as the cities we serve throughout California.

• Closing

Thank you once again for the opportunity to submit this proposal to provide Hearing Officer Services to the City of Hemet. We look forward to meeting with you to further discuss the needs of the City and our ability to exceed the City’s expectations.

6 JONES MAYER
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16.B

Attachment A
Resume - Jamaar M. Boyd-Weatherby
7 JONES MAYER
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16.B

JAMAAR M.

BOYD­

WEATHERBY
Partner
Practice Areas
Labor and Employment
Litigation
Code Enforcement
Education
J.D. University of California,
Berkeley (Boalt Hall), 2003
B.A. Cal Poly - Pomona,
2000
Bar and Court Admissions
California Supreme Court
United States District Court
for the Central District of
California
United States District Court
for the Northern District of
California
(714) 446-1400
Mr. Boyd- Weatherby specializes in litigation, including cases involving tort liability, contract disputes, labor and employment law, and state and federal civil rights. Mr.

Boyd-Weatherby also has a specialization in advising
agencies in issues regarding PERS, Meyers-Milias-Brown
Act (“MMBA”), Peace Officers Procedural Bill of Rights
Act (“POBR”), and the Firefighter Procedural Bill of
Rights Act (“F FBOR”). He has also ex tensively advised clients regarding COVID-19 policies and procedures.

Mr. Boyd-Weatherby is also an experienced investigator.

He has investigated a range of topics including sexual
harassment, hostile work environment, and criminal acts by m unicipal emp loyees including police and fire
personnel. He has served as Deputy City Prosecutor for a number of cities throughout Southern California . Mr.

Boyd-Weatherby also works on police litigation, Pitchess motions, internal investigations, and appeals.

Mr.

Boyd-Weath
erby received his J.D. from the
University of California-Berkeley (Boalt Hall) and his
B.A. in philosophy from Cal Poly-Pomona.

He was ad
mitted to the California Bar in 2004. Mr.

Boyd- Weatherby joined the firm in June of 2008.
• He has also been named a California Rising Star
Attorney in 2009-2010 and 2014-2017 in Super
Lawyers Southern Ca lifornia magazine.
• While working at Jones & Mayer as a City
Prosecutor and the Orange County Public
Defender’s Office, he has had 33 jury trials and
a number of administrative and bench trials. He is
also experienced in litigating in front of the Public
Employee Relations Board (“PERB”).
• He s erved as a trainer in the Lawyers Without
Borders, Liberia Project in 2010.

California State Bar No. 230838
8

16.B

Attachment B
Writing Sample
Administrative Hearing Order
9 JONES MAYER
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-1-

FINDINGS OF FACT AND STATEMENT OF DECISION OF ADMINISTRATIVE OFFICER

BEFORE THE

ADMINISTRATIVE HEARING OFFICER

FOR THE CITY OF

In re the Matter of

Petitioner,

v.

CITY OF

Respondent.

Case No.

FINDINGS OF FACT AND

STATEMENT OF DECISION OF

ADMINISTRATIVE HEARING

OFFICER AFTER HEARING

INTRODUCTION

1. This matter involves the appeal of the (“ of
the imposition of the City of findings regarding Transient Occupancy Tax (“TOT”) .

Hearing Officer Jamaar M. Boyd -Weatherby (“Hearing Officer”) heard this matter on March 3, 2021. The meeting was conducted over a video conferencing platform.

2. The following Findings of Fact, Conclusions of Law, and Decision of Order are based on the witness testimonies and exhibits presented during the evidentiary hearing for this matter held on March 3, 2021. Exhibits were received into evidence at the hearing.

3. The Hearing Officer considered the testimony of all witnesses at the evidentiary hearing and all exhibits received into evidence. The mere fact that a particular witness testimony or exhibit may not be specifically referred to below dos not and shall not be construed to mean that said testimony or exhibit was not considered.

4. The court reporter certified the Reporter’s Transcript (RT) on March 17 , 2021 and provided to all counsel. The parties presented post hearing briefs that were submitted on April 6, 2021.
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FINDINGS OF FACT AND STATEMENT OF DECISION OF ADMINISTRATIVE OFFICER

THE PARTIES

5. Petitioner is a “d/b/a” corporation that operates in the City of The was represented by Mr. (“Mr.

6. Respondent City of (“City”) is a municipal corporation. The City was represented by Assistant City Attorney at the hearing.

ISSUE

7. This is a challenge to the amount of tax assessed by the City on the for the period of July 1, 2017 until October 31, 2020 (“Audit Report”), including interest and penalties.

The Audit findings were prepared on January 19, 2021.

FINDINGS OF FACT AND CONCLUSIONS OF LAW
A. Jurisdictional Matters

8. This matter is before the Hearing Officer resulting from an appeal by the The appeal was filed on January 27, 2021 in order to cha llenge the Audit Report which found that the had underpaid TOT for the Audit Period.

9. Pursuant to Municipal Code section 2.12.060.030, a hearing before the Hearing Officer was set where the could appear and offer evidence why the tax assessed by the City should not be so fixed.

B. Procedural Background

10. The evidentiary hearing for this matter was held on March 3, 2021.

11. Witnesses were sworn in and questions by counsel, followed by cross -examination and re-direct examination.

12. The called Ms. D (“ Ms. D ”) as their sole witness. Ms.

D is the General Manager of the

13. The City called M (“Ms. M ”) as their sole witness. Ms. M is a Senior Management Auditor for the City of

14. A summary of the testimony received at the hearing is included below in Section C.

15. All of the exhibits that were considered by the Hearing Officer were included and 11 ---
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FINDINGS OF FACT AND STATEMENT OF DECISION OF ADMINISTRATIVE OFFICER

attached to the transcript for the Hearing. They were also admitted into evidence. The also presented a new spreadsheet with the closing brief. Due to the City’s inability to respond to the brief, it was not substantively considered in this Hearing Order.

16. The entire matter was taken under submission by the Hearing Officer at the conclusion of the hearing, pending receipt of the Parties’ Post Hearing Briefs.

C. The Hearing

1. The City of Transient Occupancy Tax

17. The City of imposes a Transient Occupancy Tax of 15% for the occupancy of space in a hotel within its jurisdiction.

18. Rent is defined by the Municipal Code as “the consideration charged by an operator for accommodations including, without limitation, any (1) unrefunded advance rental deposits or (2) separate charges levied for items or services which are part of such accommodations including, but not limited to: furniture, fixtures, appliances, linens, towels, non - coin-operated safes, and maid service.” (AMC § 2.12.005.080 (emphasis added).)

19. A hotel is defined as “any structure or portion thereof, which is occupied by persons for lodging or sleeping purposes for periods of less than 30 consecutive days[.] ” (AMC §

2.12.005.040 (emphasis added).)
Testimony
D

20. Ms. D serves as t he General Manager for the She indicated that the provided public parking. (RT 13:14-13:25) . The people who entered the parking lot would put use their credit cards as tickets as they entered the parking facility. (Id). Ms. D claimed that non -hotel guest would have access to “in/out” privileges. (RT 13:14-13:25).

However, the non-hotel guest would have to come into the hotel and pay for “in/out” privileges at the front desk. (RT 13:14- 13:25). This procedure has been present for the last four years. (RT 20:15-20:20). Ms. D testified that the hotel allocated a number of hotel parking spaces for public parking monthly. D indicated that there were normally parking spaces available for non-guest at the hotel. (R T 15:8-16:15). D presented a spreadsheet that indicated that 12 --
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FINDINGS OF FACT AND STATEMENT OF DECISION OF ADMINISTRATIVE OFFICER

over 50% of Petitioner’s parking was available for use. (RT 15:8-16:15).

21. In addition, Ms. D testified that there was no site visit by the City’s auditors. (RT 15:7). In response to the statements that there was no “in and out privileges” for non -guests and the public’s use of the parking was “way less than 50%” from the December 22, 2020 email, D indicated that she did not provide accurate information during the audit process. (RT 21:19-21:21).

M

22. Ms. M testified on behalf of the City. Ms. M conducted the audit for the City.

Ms. M indicated that she initially reached out to the hotel to schedule the audit. (RT 29:23- 29:25). Ms. M indicated that the hotel requested that the audit be conducted remotely due to the pandemic. (RT 30:3-30:5). During the audit process, Ms. M communicated with the General Manager D regarding the hotel’s public parking and she was informed that the hotel did not regularly have public parking. See, December 22, 2020 Email.

Ms. M indicated that she was not provided the spreadsheets that was submitted during the hearing regarding “available” parking. As such, it was not considered part of the audit’s findings. (RT 31:10-12).

23. Ms. M indicated that the audit findings that the had not paid the proper TOT on the parking due to the lack of public parking. Ms. M reviewed the records and made the determination tha t was deficient in the remittance of TOT to the City.

Per the City’s calculation, the was deficient by $ 367,629.27. See, January 19, 2021 Audit Findings.

DECISION AND ORDER
Appropriate Guidelines

24. Section (c)(7) of the 2011 Guidelines provides that charges for Transient hotel parking shall not be subject to the TOT when the following requirements are met:
a) “The hotel parking facility is available to all members of the public, regardless of whether they are guests in the hotel, with 24 hour in and out privileges; b) the hotel charges current market rates for public parking which are comparable with 13 ■
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FINDINGS OF FACT AND STATEMENT OF DECISION OF ADMINISTRATIVE OFFICER

rates charged for hotel guests and
c) Public Parking is a primary and regular use of the hotel parking.”

The 2020 guidelines, in relevant part, add that “public parking is a primary [more than 50%].” While it is theoretically possible for the parking to be divided into additional subcategories of parking (e.g. employee, tenant, etc), the record in this appeal only addressed two categories of parking: hotel guest and non-guest. Given that there are only two categories, “primary” can only mean more than 50%. As such, this opinion will use the 2020 guidelines because there is no distinction between the guidelines for purposes of this hearing.

In & Out Privileges

25. The presented evidence that it allowed for “in and out” privileges for non- guest. This privilege was established by a sign that indicated that non-guest were required to pay additional money to obtain the privilege by going into the hotel and making the request. See, Petitioner’s Hearing Exhibit 2. While this practice does not appear to meet a normal expectation of what “in and out” privileges means, the guidelines does not specify the meaning or expectations associated with the term. In intuitively, the City’s position that “in and out of privileges should not require people to pay extra money or take additional steps” seems reasonable. However, the guidelines and the AMC does not specifically prohibit (or allow ) the practice of requiring non- guests to obtain additional permission to enter and exit the hotel. As such, it appears that the hotel meets the subsection 7(c)(a) of the guidelines.

Regular & Primary

26. The second issue is whether the hotel’s practice meets the qualifications for “regular and primary” use. Per the evidence before me, it does not. As indicated by Ms. D in the December 22, 2020 email, the use of the parking by non- guest is not a normal practice. Ms.

D email was given considerable weight. She is the General Manager of the hotel. She is also the person that is the most intimately aware of how the hotel facilities and accommodations are being utilized. Her candid response to the auditor on how the hotel was being operated provided considerable guidance on whether public parking is “regular or primary” at the hotel. 14 ■
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FINDINGS OF FACT AND STATEMENT OF DECISION OF ADMINISTRATIVE OFFICER

Per her statement, it was not “regular or primary.” Further, her assessment within the December 22, 2020 email regarding the lack of public parking was also consistent with the findings of the City. The City’s Audit determined that the only 4% to 38% for non-guest parking.

Per the Oxford Dictionary, “r egular” is defined as “arranged in or constituting a constant or definite pattern, especially with the same space between individual instances.” The use that was presented by appellants was “ available.” However, a parking space that is “available” may not ever be used. It cannot be said that the “ available” parking is regular because it is not, per se, a “constant or definite pattern” of use. Further, given the amount that it was determined that the hotel provided non-guest parking, the use cannot be said to be “primary.” As noted above, there are only two categories of parking that were discussed in the hearing: guest and non-guest. Thus, in order to be primary in this case, there would have to be more than 50%. The evidence determined that the non-guest parking did not exceed 50%. As such, the Appellants did not meet the requirements of Guidelines that the use be “regular and primary.” Transient Occupancy Tax

27. Lastly, it cannot be forgotten that the guidelines are part of the City’s TOT. “TOT” means “transient occupancy tax.” Per the Oxford dictionary, transient means “lasting only for a short time.” “Occupancy” means “the action or fact of occupying a place.” If the TOT was based on “availability” of the parking spaces, the tax would literally have be renamed to reflect that it is an “availability tax.” T he spaces would have to be taxed/regulated without consideration for actual use or occupying of the space. It would It is unclear how this would be different from a property ta x. It is equally unclear if the Appellant would receive a more favorable result if the spaces were taxed on an availability basis. Nevertheless, it must be emphasized that there is no dispute between the parties that the TOT guidance is appropriate in this case. As such, the methodology of collecting taxes for a TOT are controlling rather than “available use” determination advanced by the Appellants. The City’s methodology was appropriate for TOT purposes.
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FINDINGS OF FACT AND STATEMENT OF DECISION OF ADMINISTRATIVE OFFICER

Conclusion

28. It must also be emphasized that the Municipal Code provides a rebuttable presumption that the amount of the tax assessed by the City is correct and the burden of proof is upon the Appellant to establish otherwise. See, AMC § 2.12.060.030. While the argument that Appellant advanced is notable in the creativity of legal analysis, the creativity was not sufficient to overcome the presumption. As such, the amount indicated on the audit report is upheld and the is responsible for paying the outstanding TOT to the City. Under A.M.C section 2.12.060.060, this decision final and conclusive and shall be the final administrative procedure available to the parties. The parties may have the right to appeal this decision to a court of competent jurisdiction. If the parties seek judicial review of this decision, the parties must comply with the timelines and pro cedures established in the Code of Civil Procedure for the appeal of this ruling.

Dated: May 7, 2021

/x/ Jamaar Boyd-Weatherby
Jamaar M. Boyd-Weatherby
Hearing Officer

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - May 24 2022
Department: Public Works
Submitted by: Christopher Lopez, City Manager
Noah Rau, Public Works Director/City Engineer;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Adopting a List of Projects for FY 2022- 2023 Funded by SB1, the Road Repair and Accountability Act of 2017

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, adopting a list of projects for FY 2022-2023 funded by SB1, the Road Repair and Accountability Act of 2017.

BACKGROUND:

The City of Hemet must adopt a budget each fiscal year appropri ating revenues and expenditures for Road Maintenance and Rehabilitation Account (RMRA) funds in accordance with SB1. The City must also submit an adopted list of projects to the California Transportation Commission (CTC) each fiscal year in order to receive RMRA funds.

The City Engineer has prepared the RMRA proposed project list.

ANALYSIS:

The City is expected to receive approximately $1,926,719 of RMRA funding in FY 2022-2023. There is one project proposed to be funded with the City’s FY 2022-2023 RMRA apportionment:
2022-2023 SB1 Pavement Rehabilitation
• Project Description: The reconstruction of approximately 250,000 square feet or 1.3 miles of existing residential streets throughout the City.

• Project Location:
o Trevor Lane - westerly limit to easterly limit
o Woodland Drive - westerly limit to Meridian Street
o Cawston Avenue - Devonshire Avenue to Menlo Avenue

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o Olive Tree Lane - westerly limit to San Jacinto Street o Los Tilos Road - Olive Tree Lane to the northerly limit o Santa Fe Street - Oakland Avenue to Menlo Avenue

• Estimated Project Schedule: Start design January 2023, Complete construction April 2023

• Estimated Useful Life: 20 years

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 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

FISCAL IMPACT:

There is no General Fund impact related to this item.

ALTERNATIVE(S):

1. Do not adopt the Resolution adopting the list of projects for FY 2022 -2023 funded by SB1, the Road Repair and Accountability Act of 2017.

2. Provide alternate direction to staff.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1 - Reso-20220524-Adopt_RMRA_Projects-FINAL
Attachment 2: ex-20220509-Location_Map_22-23_SB1_Pvmt_Rehab

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA, ADOPTING A LIST OF PROJECTS
FOR FISCAL YEAR 2022-23 FUNDED BY SB1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $1,926,719 in RMRA funding in Fiscal Year 2022-2023 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

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CITY COUNCIL RESOLUTION NO. 2022-XXX
2 WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost- effective projects that also meet the communities’ priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate roughly 250,000 square feet of streets/roads with one project throughout the City this year and hundreds of similar projects into the future; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “At Lower Risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “Good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive co-benefits statewide.

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

1. The foregoing recitals are true and correct.

2. The following list of proposed projects will be funded in-part or solely with fiscal year 2022-2023 Road Maintenance and Rehabilitation Account revenues:
a) 2022-2023 SB1 Pavement Rehabilitation
•Project Description: The reconstruction of approximately 250,000 square feet or 1.3 miles of existing residential streets throughout the City. •Project Location:
i. Trevor Lane - westerly limit to easterly limit
ii. Woodland Drive - westerly limit to Meridian Street
iii. Cawston Avenue - Devonshire Avenue to Menlo Avenue

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CITY COUNCIL RESOLUTION NO. 2022-XXX
3 iv. Olive Tree Lane - westerly limit to San Jacinto Street v. Los Tilos Road - Olive Tree Lane to northerly limit
vi. Santa Fe Street - Oakland Avenue to Menlo Avenue
•Estimated Project Schedule: Start design January 2023, Complete construction April 2023.
•Estimated Useful Life: 20 years
PASSED, APPROVED, AND ADOPTED this 24th day of May, 2022.

________________________________
Malcolm Lilienthal, Mayor

ATTEST: APPROVED AS TO FORM:
__________________________ ________________________________ John Maier, City Clerk Steven Graham, Interim City Attorney

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CITY COUNCIL RESOLUTION NO. 2022-XXX
4 State of California )
County of Riverside )
City of Hemet )
I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 24th day of May 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Maier, City Clerk

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Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community
Hemet, CA
445 E Florida Avenue
Hemet, CA 92543 May 2022
2022/23 SB1 PAVEMENT REHABILITATION

LOCATION MAP
Legend
Project Streets
City Boundary
City Council Districts
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HRG PLOT: 12:26:31 PM 5/9/2022 BY: ckeys FILE: J:\2018\181743\CIP\_CIP Admin\_RMRA\2022-23\ex-20220509-Location_Map_22-23_SB1_Pvmt_Rehab.mxd

MENLO AVE

SANTA FE ST

CAWSTON AVE

SAN JACINTO ST

WHITTIER AVE

MERIDIAN ST

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