Hemet City Council
June 28, 2022

15.E

minimum of six units per semester while maintaining a 2.0 GPA or higher. If the Police Cadet is successful in the program, they can be appointed to the position of Police Trainee and attend the police academy. They may also be given the opportunity to join the Hemet Police Department as a member of our professional staff in records, dispatch, or investigations.

Police Cadets will assist the department and serve our community by taking certain police r eports, performing traffic control duties, interacting with our community in the lobby of the Police Department, working with the Detective Bureau, helping with eradicating graffiti, and abating other issues of blight, and working in dispatch. By providin g these services, Police Cadets will help increase the Sworn Officer's free time. This additional free time will be directed to other proactive strategies to reduce crime and improve the quality of life for Hemet residents, businesses, and visitors.

Pursuant to the Meyers -Milias-Brown Act (MMBA), City staff has met and conferred with representatives from Hemet Non -Sworn Police Employees Association (HNSPEA). City representatives and HNSPEA representatives agreed upon the position, pay, and benefits.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

GOAL 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 4: Increase employee retention by training and creating a positive workplace.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution - Police Cadet
Attachment 2: Job Description - Police Cadet

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

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

HEMET, CALIFORNIA,

APPROVING THE NEW JOB

DESCRIPTION FOR POLICE
CADET
WHEREAS, the Police Cadet position
provides interested parties between the
ages of 18 to 24 an opportunity to
continue developing for a sworn or
professional staff position within the
Hemet Police Department while they
pursue a college degree; and,
WHEREAS, the Police Cadet is a part-
time position that requires the employee
to a minimum of six units per semester
while maintaining a 2.0 GPA or higher;
and,
WHEREAS, Police Cadets will assist the
department and serve our community by
taking certain police reports, performing
traffic control duties, interacting with our
community in the lobby of the Police
Department, working with the Detective
Bureau, helping with eradicating graffiti, and
abating other issues of blight, and working in
dispatch; and,
WHEREAS, Police Cadets will help
increase Sworn Officer free time which
will be directed to other proactive
strategies to reduce crime and improve
the quality of life for Hemet residents,
businesses, and visitors; and,
WHEREAS, Council approves the new
classification of Police Cadet.

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NOW, THEREFORE, BE lT RESOLVED, by the
City
Council of the City of Hemet, California,
approves an amendment to the City's
Classification and Compensation Plan to
include Police Cadet.

PASSED, APPROVED AND ADOPTED this 28th
day
of June, 2022.

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Malcolm Lilienthal, Mayor
ATTEST:

John Maier, City Clerk
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 28 th day of June, 2022, and was
passed by the following vote:

AYES: Council Member:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:

John Maier, City Clerk

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CITY OF HEMET
Class Code: 7302 Date Adopted: 2/8/1994

POLICE CADET

Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION

Under general supervision, performs various law enforcement station and field duties in support of police operations and activities; relieves sworn police officers in non-sworn duties; performs related duties as assigned.

DISTINGUISHING CHARACTERISTICS

The Police Cadet is a non-sworn class, part-time position responsible for performing non- emergency and non-hazardous civilian law enforcement duties.

Cadets will be provided with the opportunity to pursue a law enforcement career by applying for a sworn or civilian position. Incumbents may be appointed to Police Trainee to attend the police academy with a formal training program or they may be given the opportunity to pursue a civilian position such as; Dispatcher, Community Services Officer, Property and Evidence Technician, Public Safety Office Specialist, or Crime Scene Technician.

EXAMPLES OF DUTIES

Duties may include, but are not limited to, the following:

1. On a limited basis, takes select police reports from witnesses, victims, and other involved parties. No suspect contact will be included.

2. Takes fingerprints of citizens in the station.

3. Assists in traffic control and DUI check points duties when requested.

4. Assists with crime prevention activities such as neighborhood and business watch meetings, community groups and traffic safety presentations.

5. Performs central reception duties by telephone and at the front counter, acts as courier in the delivery of materials, supplies, and equipment as directed.

6. Assists in the maintenance of department vehicles and equipment; transports vehicles or equipment for repair.

7. Aids in the filing and classifying of materials in the Detective Bureau as requested.

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CITY OF HEMET
Class Code: 7302 Date Adopted: 2/8/1994

POLICE CADET

8. Assists with bookings, completes related forms; receives property and evidence.

9. Works in various divisions within the Police Department.

10. Assist with dispatch call taking duties as needed.

11. Perform clerical duties such as ordering, receiving and distributing supplies, processing mail, correspondence, and reports.

12. Perform functions necessary for graffiti removal and correct other issues related to quality of life and blight.

13. Provides first aid and CPR in case of life-threatening emergencies.

14. Performs other related duties and responsibilities not requiring Peace Officer powers.

QUALIFICATIONS GUIDELINES

Education:

Possess a high school diploma or equivalent. Currently enrolled an accredited college. Must be taking a minimum of 6 units per semester, be in good standing with the college or university, and maintain a 2.0 GPA or better (documentation from the college is required).

If the Police Cadet elects to continue towards completion of a Bachelor’s Degree, the Police Cadet may continue in the program until he or she has reached their 24th birthday. If the Police Cadet, prior to reaching their 24th birthday, fails to maintain a 2.0 minimum grade point average, discontinues education, drops below the required minimum number of units, or fails to be appointed as Police Trainee or Police employee, the Police Cadet will be released from employment. Police Cadets who complete a Bachelor’s Degree may remain in the program until their 24th birthday.

Age:

Minimum 18 years of age through 24 years of age.

CERTIFICATION/LICENSE AND/OR OTHER SPECIAL REQUIREMENTS

Must possess and maintain a valid California Driver's License.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 28 2022
Department: Administration
Submitted by: Eddie Pust, Acting City Manager
Ericka Murphy, Assistant to the City Manager;

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

TITLE:

Letters of Opposition to AB 2237, AB 1778, and AB 2438 to the Senate Transportation Committee

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve three letters of opposition to Assembly Bill 2237 (Friedman), Assembly Bill 2438 (Friedman), and Assembly Bill 1778 (Garcia).

BACKGROUND:

At its June Commission meeting, Riverside County Transportation Commission (RCTC) discussed the ongoing efforts the commission is making to oppose AB 2237 (Friedman), AB 2438 (Friedman), and AB 1778 (Cristina Garcia), which all passed the Assembly. The commission asked member agencies to join its efforts by also writing letters of opposition.

With the State's Climate Action Plan for Transportation Infrastructure (CAPTI), the three bills se ek compliance and alignment by California cities that would significantly impact local autonomy on spending for transportation needs. The attached letters of opposition highlight the constraints the bills would place on local government and the projects that are currently in the pipeline.

STRATEGIC PLAN INTEGRATION:

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

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

FISCAL IMPACT:

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There is no fiscal impact.

ATTACHMENT(S):

Attachment 1 - AB 2438
Attachment 2 - AB 1778
Attachment 3 - AB 2237

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445 E. Florida Ave. Hemet, CA 92543 | 951-765-2301
June 28, 2022
The Honorable Lena A. Gonzalez
Chair, Senate Committee on Transportation
California State Senate
State Capitol, Room 405
Sacramento, California 95814
RE: Opposition to AB 2438 (Friedman)
Dear Chair Gonzalez:

On behalf of the City of Hemet, we write in opposition to AB 2438 (Friedman). As written, AB 2438 would require specified funding program guidelines to align with the Climate Action Plan for Transportation Infrastructure (CAPTI), the California Transportation Plan (CTP), and greenhouse gas emissions reduction standards.

We recognize the State’s intention to secure an equitable and climate-resilient future, including for residents in Riverside County. However, AB 2438 appears to conflict with promises the State made in the voter-affirmed SB 1, despite CAPTI affirming its intent to not change program guidelines beyond current code.

Furthermore, AB 2438 fails to recognize the staggering investments the State must make—not just in coastal urban centers, but also in more inland regions—before a comprehensive rewrite of critical funding programs can be considered. To place the cart before the horse as AB 2438 does would deny under-resourced regions and their disadvantaged communities of a just transition to a climate-resilient future because many communities do not have the funding, infrastructure, or necessary rights-of-way to immediately transition away from roadway usage.

If it were not for voter-approved transportation plans and local sales tax measures in Riverside County, we would struggle to keep people and goods moving safely because of the limited state resources available to our region. As a result of historically limited state and federal funding, we have areas where transportation infrastructure and transit options are decades behind where we want them to be. With the dramatic growth of population and goods movement in our region, we may never catch up without overwhelming state investment.

Our community appreciates Assemblymember Friedman’s recognition of the need for the CTP to consider available resources before providing recommendations for the allocation of funds. Such an analysis that may be objectively compared to regional plans and priorities is long overdue, but we see this, along with substantial state investment in the development of multimodal systems in inland regions with new funds, as a prerequisite before a comprehensive rewrite of existing funding programs and directives for how local governments allocate funds may even be considered.

City of Hemet

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445 E. Florida Ave. Hemet, CA 92543 | 951-765-2301
The City is interested in turning the page toward innovative, sustainable transportation solutions that are accessible, equitable, and inclusive. But inequities look different from community to community and from region to region. We must work together if the state’s climate goals are going to be achieved.

AB 2438 does not provide our communities with the investments and flexibility required to build the capacity of our multimodal transit systems, therefore threatening to leave our region and others behind.

For these reasons, the City of Hemet opposes AB 2438. If you have any questions regarding AB 2438 and how it would impact our region, please contact Anne Mayer, Executive Director for the Riverside County Transportation Commission, at (951) 787-7141.

Sincerely,
Malcolm Lilienthal, Mayor Karlee Meyer, Mayor Pro Tem
Joe Males, Council Member
Linda Krupa, Council Member Russ Brown, Council Member

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445 E. Florida Ave. Hemet, CA 92543 | 951-765-2301
June 28, 2022
The Honorable Lena A. Gonzalez
Chair, Senate Committee on Transportation
California State Senate
State Capitol, Room 405
Sacramento, California 95814
RE: Opposition to AB 1778 (Cristina Garcia)
Dear Chair Gonzalez:

On behalf of the City of Hemet, we write in opposition to AB 1778 (Cristina Garcia). As written, AB 1778 would prohibit state funds or personnel time from being used for the funding or permitting of specified freeway projects in areas that fall within the zero to 50th percentile on the housing and environmental variables analyzed through the California Healthy Places Index.

If implemented, this bill would impact projects slated for or currently in construction, many of which were developed for the safety and operational improvement of the state highway system. Completely eliminating highway widenings and interchange expansions as an option in disadvantaged communities would negatively impact their ability to utilize the state highway system to make ends meet, or access employment and education opportunities.

Transportation projects already undergo extensive and interactive environmental review and permitting processes to meet state and federal requirements. This process includes community engagement, public comment, and mitigation of any adverse impacts from a project. The City strongly believes in collaboration, consensus, and local control in making regional transportation decisions.

The City of Hemet supports actions that reduce air pollution and provide mobility options for all communities across Riverside County and recognize efforts to address past transportation decisions that have instituted and perpetuated inequities, particularly to disadvantaged and low-income individuals and communities.

However, the City fears that this bill may unintentionally harm the very individuals and communities it seeks to uplift. Divesting from the state highway system in suburban and rural areas where housing is more available and affordable, could harm disadvantaged and low-income communities that rely on the highway system to get to jobs and education centers. This bill similarly fails to recognize the billions of dollars in state investments that would be needed to develop robust and reliable multimodal transit alternatives in these regions to place all communities on an equitable footing.

City of Hemet

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445 E. Florida Ave. Hemet, CA 92543 | 951-765-2301
For these reasons, the City of Hemet opposes AB 1778. If you have any questions regarding AB 1778 and how it would impact our region, please contact Anne Mayer, Executive Director for the Riverside County Transportation Commission, at (951) 787-7141.

Sincerely,
Malcolm Lilienthal, Mayor Karlee Meyer, Mayor Pro Tem
Joe Males, Council Member
Linda Krupa, Council Member Russ Brown, Council Member

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445 E. Florida Ave. Hemet, CA 92543 | 951-765-2301
June 28, 2022
The Honorable Lena A. Gonzalez
Chair, Senate Committee on Transportation
California State Senate
State Capitol, Room 405
Sacramento, California 95814
RE: Opposition to AB 2237 (Freidman), as Amended on April 18, 2022 Dear Chair Gonzalez:

The City of Hemet recognizes the State’s intention to secure an equitable and climate-resilient future, including for residents in Riverside County. For decades, Hemet, as a member of the Riverside County Transportation Commission (RCTC) has supported local investments in all modes of transportation to reduce traffic congestion and offer mobility choices—and has done so in a manner that preserves the region’s natural habitat via the Riverside County Integrated Project. Actions like these can be accomplished because we have the flexibility to be responsive to our community’s needs while also achieving regional transportation and environmental goals.

The City takes exception to two significant issues in this bill:

1. Constraints placed on voter-approved transportation sales tax measures; and

2. Prohibiting projects inconsistent with the Climate Action Plan for Transportation Infrastructure (CAPTI) from being funded.

AB 2237 fails to recognize the depth of funding self-help counties, like Riverside County, have already invested in all modes of transportation despite the State’s historical lack of funding resources until the implementation of Senate Bill 1. The City supports improving air quality and providing safe and efficient walking, biking, and transit access in our region. Riverside County residents approved in 1988 and again in 2002 Measure A, a half-cent sale tax that funds improvements for all transportation modes, including highways, commuter rail, public transit, rideshare programs, complete streets, and even habitat conservation. Projects funded with Measure A not only provide operational improvements to the state highway system and multi-modal transit alternatives, but also funds local transportation projects that provides substantial benefits to our communities. While it has taken decades to deliver some of these projects due to insufficient state and federal funding and cumbersome regulatory approval processes, their need in our communities has not changed, even as the State’s policies have. As a member of RCTC, we committed to our residents, based on their vote to support this Measure, to get the job done.

AB 2237 would reduce the local voice on mobility improvements by requiring new oversight by the California Air Resources Board and the California Transportation Commission on regional transportation City of Hemet

15.F

plans. This action is unnecessary, overly bureaucratic, and could eliminate local officials’ ability to respond to the needs of its communities. Regionally significant projects, like the ones included in voter- approved transportation sales tax measures, are already taken into account in regional transportation plans (RTP) and sustainable communities strategies (SCS). The SCS is designed to facilitate the delivery of a suite of projects that meet the varying mobility needs of each community and provide balance to the types of projects that are delivered.

The City disagrees with the bill’s requirement that projects found to be inconsistent with CAPTI, SCS, and other climate and air quality goals, should not be funded. While CAPTI will influence the modes of projects RCTC can deliver for our communities in the future, it should not be used to eliminate planned projects. The State should allow local transportation agencies the flexibility to adjust according to the needs of its residents to ensure a just transition to an even more robust multimodal transportation system.

Our community is interested in turning the page toward innovative, sustainable transportation solutions that are accessible, equitable, and inclusive. But inequities look different from community to community and from region to region. We must work together if the state’s climate goals are going to be achieved.

Still, the State must provide its own funding for regions like Riverside County — not just in coastal urban centers that are already built out — before a comprehensive review of pipeline projects can be considered. AB 2237 would deny under-resourced regions and their disadvantaged communities of a just transition to a climate-resilient future because many communities do not have the funding, infrastructure, or available space to eliminate roadway usage on command.

For these reasons, the City of Hemet opposes AB 2237. If you have any questions regarding AB 2237 and how it would impact our region, please contact Anne Mayer, Executive Director for the Riverside County Transportation Commission, at (951) 787-7141.

Sincerely,
Malcolm Lilienthal, Mayor Karlee Meyer, Mayor Pro Tem
Joe Males, Council Member
Linda Krupa, Council Member Russ Brown, Council Member

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 28 2022
Department: Fire Department
Submitted by: Eddie Pust, Acting City Manager
Kevin Kuhlman, Fire Battalion Chief;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, W aiving the Procurement Requirements set Forth in Section 2-331(h) of the Procurement Ordinance and Awarding the Purchase of (1) 2022 Chevrolet Tahoe LS 4x4 to Victorville Chevrolet in the Amount of $84,994.19 and Authorizing the City Manager to Execute All Documents Related to the Purchase

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Waiving the Procurement Requirements set Forth in Section 2-331(h) of the Procurement Ordinance and Awarding the Purchase of (1) 2022 Chevrolet Tahoe LS 4x4 to Victorville Chevrolet in the Amount of $84,994.19 and Authorizing the City Manager to Execute All Documents Related to the Purchase.

BACKGROUND:

The Fire Department purchased a vehicle for the Fire Chief back in 2016, a Ford Explorer. This vehicle was used by the prior Fire Chief and accumulated high mileage due to the residency of the prior Fire Chief. The Explorer currently has 148,763 miles and is in need of being placed into reserve status due to the high mileage. The purchase of a 2022 Chevy Tahoe will allow our Fire Chief to drive a reliable and dependable vehicle while representing our City and Department.

ANALYSIS:

The Fire Department continues to utiliz e every vehicle to the end of its useful life and in many cases, beyond that. The department works closely with Fleet services to ensure that our vehicles are well maintained and cared for. In re-purposing the 2016 Ford Explorer, and having it serve as a reserve unit, it allows the department to build capacity in the area of pool vehicles for Fire Admin personnel.

DISCUSSION:

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With the national shortage of both new and used vehicle inventory, it was difficult to locate the vehicle that was requested for this purchase. Funds were appropriated for this purchase in mid -year and staff began their search in January. Staff spent numer ous hours calling several Chevrolet dealers across the state. In addition, staff from purchasing assisted in looking through Sourcewell, a cooperative purchasing agency to find a suitable vehicle. Any vehicle that would arrive in a dealer's inventory would be sold within 3-5 days. As a result, staff was unable to find a dealer willing to provide a bid and thus eliminating the option of utilizing formal bidding procedures as laid out in the City's procurement code.

After 5 months of work, one dealer, Victorville Chevrolet was willing to hold a vehicle for a limited time.

Staff believes it is in the City's best interest to have City Council waive the procurement guidelines due to the lack of inventory of new vehicles nationwide, without which purchase would not be possible.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

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

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

FISCAL IMPACT:

There is no additional General Fund impact. Funding for this project has been identified from account #110-3200-5400 and is in the form of salary savings from the approved budget for EMS Operations in FY 21/22.

The total cost of this purchase is $84,994.19. The break down is as follows:

(1) 2022 Chevrolet Tahoe LS $ 76,285.00 (1) Doc Fee $ 85.00 (1) Theft Protection $ 995.00 (1) Cal Tire Fee $ 8.75 (1) TT&L $ 7,620.44

Total cost: $ 84,994.19

ATTACHMENT(S):

Victorville Chevy
Attachment 2-2022 Chevrolet Tahoe Resolution 6-2022
Attachment 2-2022 Chevrolet Tahoe Resolution 6-2022

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Mos.or N/AI‘-I/AMos.or N/AN/AMos.orMos.orN/A

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2.(pa'db)""‘F.EVChargingStation(paidto) N/‘°‘ $G.SalesTax(ontaxableitemsinAthroughF) $ (G)H.ElectronicVehicleRegistrationorTransferCharge(notagovernmentalfee)(paidto)MVSC $ 31‘QQ(H)1.(Optional)ServiceContract(s) 1-1.(paidto)N/A $ “(A(11)YearW‘)Make“/92.(paidto) N/IA $ N/A(12)ModelN/A__ OdometerJ /A3.(paidto) N7“ 35NM(13)VINN/A4.(paidto) N/A $ N/A(14)a.AgreedValueofProperty$A5.(paidto) N/'°‘ $ N/A(15)b.Buyer/Co-BuyerFtetainedTradeEquitys_ N/AJ.PriorCreditorLeaseBalance(e)paidbySellerto c.AgreedValueofPropertyVehicle1 N/‘QVehicle2 N/"‘ $ N“)(J) BeingTraded-In(a—b)s_ N/A(seedownpaymentandtrade-incalculation) d.PriorCreditorLeaseBalance$AK.(Optional)DebtCancellationAgreement$_A&(K)e.NetTrade-In(c—d)(mustbe20L.(Optional)UsedVehicleContractCancellationOptionAgreement$_:_N/_()_(L) forbuyer/co-buyertoretainequity)$JM.Other(paidto) N/A $ N/'1)(M) 2-ForN/A YearN/AMakeN/AN.Other(paidto)N/A $ N/A(N) Model_NZ()_:___Odometer__NL?_ForN/A VINN/ATotalCashPrice(AthroughN) $ (1)a.AgreedValueofProperty$TNL2.AmountsPaidtoPublicOfficials b.Buyer/Co-BuyerFtetainedTradeEquity$aw?A.VehicleLicenseFeesESTIMATED$ (A) c.AgreedValueofProperty.B.RegistratiorVTransfer/l'itlingFeesESTIMATED $______324-Q9(3) BeingTraded-In(a—b)$BAC.CaliforniaTireFees $_j8_~3'i(C)d.PriorCreditorLeaseBalance$ONED.Other N/A $ (‘V A(9) e.NetTrade-In(c—d)(mustbe20TotalOfficialFees(AthroughD) $ (2)forbuyer/co-buyertoretainequity)$__N[?3.AmountPaidtoInsuranceCompaniesTotalpremiumsfromStatementofinsurance) $_a(‘Li(3)TotalAgreedValueofProperty4.StateEmissionsCertificationFeeorStateEmissionsExemptionFee$___U.£(4)BeingTraded-In(1c+2c)$____)‘LL*5.Subtotal(1through4) $ (5)TotalPriorCreditorLease6.TotalDownpayment Balance(1d+2d)$___?.L*A.TotalAgreedValueofPropertyBeingTraded-in(seeTrade-inVehicle(s)):$e(1(.L&(A) TotalNetTrade-In(1e+2e)$?N_?’i_*Vehicle1$__eNL()j_Vehicle2$_?_._(i.&__ (*Seeitem6A—6CintheitemizationofAmountFinanced)B.TotalLessPriorCreditorLeaseBalance(e) $—§(iLUi(B)Vehicle1$VehicIe2$_ahL[?j OPTION:YoupaynofinancechargeiftheC.TotalNetTrade-In(A-B)(indicateifnegativenumber)$_.I1LLéL(0) AmountFinanced,item7,ispaidinfullonorVehicle1$__l1LL?:__Vehicle2$BELLN/A beforeN/A ,YearNH)D.DeferredDownpaymentPayabletoSeller ) SELLEFt’SINITIALS_l1~LL?_E‘ManufacturersRebate $—jiq7p-(E) AgreementtoArbitrate:Bysigningbelow,youagreethat,pursuantF.Other $1g.m.(F) totheA|'bi(|'é|i(lt)tfitProvisliononthereéetrsesidte(|J(g)1i:_C0n($g(,youa.Cash,CashEquivalent,Check,Creditcam,orDebitcam$4;j_m(%l.Wg;g;g;tg;gggug;g;g)é;;g,isijgmg?ggupigy.ggniggra'3;ToalDownpayment(CthroughG) $4 (5)informationconcerninaementtoarbitr.(Ifnegative,enterzeroonline6andentertheamountlessthanzeroasapositivenumberonline1Jabove)8399419 BuyerSignsX7.AmountFinanced(5less6) $4; (7)Co-BuyerSignsXTrade-InPayoffAgreement:Sellerreliedoninformationfromyouand/orthellenholderorlessorofyourtrade-invehicle(s)toarriveatthepayoffamountshownasthePriorCreditorLeaseBalanceinTrade-InVehicle(s).Youunderstandthattheamountquotedisanestimate.' SelleragreestopaythepayoffamountshownasthePriorCreditorLeaseBalanceinTrade-inVehicle(s)tothelienholderorlessorofthetrade-invehicle(s),oritsdesignee.iftheactualpayoffamountismorethantheamountshownasthePriorCreditorLeaseBalanceinTrade-inVehicle(s),youmustpaytheSellertheexcessondemand.ittheactualpayoffamountislessthantheamountshownasthePriorCreditorLeaseBalanceinTrade—lnVehicle(s),SellerwillrefundtoyouanyoverageSellerreceivesfromyourpriorllenholderorlessor.Exceptasstatedinthe“NOTICE”onthebackofthisoongact,anyassigneeofthiscontractwillnotbeobligatedtopaythePriorCreditorLeaseBalanceshowninTrade-inVehicle(s)oranyrefund.N/ Co-BuyerSignatureX NAUTOBROKERFEEDISCLOSUREifthiscontractreflectstheretailsaleofanewmotorvehicle,thesaleisnotsubjecttoafeereceivedbyanautobrokerfromusunlessthefollowingboxische?zBuyerSignatureX N/ANameofautobrokerreceivinfeeifaoIicablez
-binding.ntainstheentireagreementbetweenyouandusrelatingtothiscontract.Anychangetothecontractmustbein‘ “

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jtrqtrywzinmwwuIUIINUIIIIIIVIIIIUIUIIuvmyvuuuuvumo-vlilvvuvuvunauuvlV .P...»uuvvmu.........‘..,.........,.......,l._,...._...,,._..._..-......__.- ...-_ -___,_ ,, ,_,_V &'a-isTrader:Vetiole(s).Youunderstandthatmeamountquotedisanestimate.SeleragestopaythepayoffamountshownasthePriorCreditorLeaseBalanceinTrade-InVehicle(s)tothelienholderorlessorofthetrade-invehicle(s),oritsdesignee.iftheactualpayoffamountismorethantheamountshownasthePriorCreditorLeaseBalanceinTrade-InVehicle(s),youmustpaytheSellertheexcessondemand.IftheactualpayoffamountislessttantheamountshownasthePriorCreditorLeaseBalanceinTrade-InVehic|e(s),SellerwillrefundtoyouanyoverageSellerreceivesfromyourpriorlienholderorlessor.Exceptasstatedinthe‘NOTICE’onthebackofthiscongact,anyassigneeofthiscontractwillnotbeobligatedtopaythePriorCreditorLeas?BalanceshowninTrade-InVehicle(s)oranyrefund.BuyerSignatureX N/ Co-BuyerSignatureXAUTOBROKERFEEDISCLOSUREIfthiscontractre?ectstheretailsaleofanewmotorvehicle,thesaleisnotsubjecttoafeereceivedbyanautobrokerfromusunlessthefollowingboxischecked:N/ACINameofautobrokerreceivinfeeifalicable:

Co-BuyerXTHEMINIMUMPUBLICLIABILITYINSURANCELIMITSPROVIDEDINLAWMUSTBEMETBYEVERYPERSONWHOPURCHASESAVEHICLE.IFYOUAREUNSUREWHETHERORNOTYOURCURRENTINSURANCEPOLICYWILLCOVERYOURNEWLYACQUIREDVEHICLEINTHEEVENTOFANACCIDENT,YOUSHOULDCONTACTYOURINSURANCEAGENT.W ARNING:YOURPRESENTPOLICYMAYNOTCOVERCOLLISIONDAMAGEORMAYNOTPROVIDEFORFULLREPLACEMENTCOSTSFORTHEVEHICLEBEINGPURCHASED.IFYOUDONOTHA VEFULLCOVERAGE,SUPPLEMENTALCOVERAGEFORCOLLISIONDAMAGEMAYBEA V AILABLETOYOUTHROUGHYOURINSURANCEAGENTORTHROUGHTHESELLINGDEALER.HOWEVER,UNLESSOTHERWISESPECIFIED,THECOVERAGEYOUOBTAINTHROUGHTHEDEALERPROTECTSONLYTHEDEALER,USUALLYUPTOTHEAMOUNTOFTHEUNPAIDBALANCEREMAININGAFTERTHEVEHICLEHASBEENREPOSSESSEDANDSOLD.FORADVICEoNFULLCOVERAGETHATwILLROTECTYOUINTHEEvENTorLossonDAMAGETovounVEHICLE,YOUSHOULDCONTACTvounINSURANCEAGENT.THEBUYERLSIGNToACKNHATHEISHEUNDERSTANDSTHESEPUBLICLIABILITYTERMSANDCONDITIONS., srsx x N/O
NO-AU[‘J’J.‘.TI0l‘eIf\l.TERMS
Noticetobuyer:(1)Donotsignthisagreementbeforeyoureaditorifitcontainsanyblankspacestobefilledin.(2)Youareentitledtoacompletelyfilledincopyofthisagreement.(3)Youcanprepaythefullamountdueunderthisagreementatanytime.(4)Ifyoudefaultintheperformanceofyourobligationsunderthisagreement,thevehiclemayberepossessedandyoumaybesubjecttosuitandliabilityfortheunpaidindebtednessevidencedbythisagreement.Ifyouhaveacomplaintconcerningthissale,youshouldtrytoresolveitwiththeseller.complaintsconcerningunfairordeceptivepracticesormethodsbythesellermaybereferredtothecityattorney,thedistrictattorney,oraninvestigatorfortheDepartmentofMotorVehicles,oranycombinationthereof.Afterthiscontractissigned,thesellermaynotchangethefinancingorpaymttermseyouagreeinwritingtothechange.Youdonothavetoagreetoanychange,anditisanunfairordeceptivepracticeforthesellertomakeaunilateralchange. N/ABuyerSignatureX Co-BuyerSignatureXTheAnnualPercentageRatemaybenegotiablewiththeSeller.TheSellermayassignthiscontractandretainitsrighttoreceiveapartoftheFinanceCharge.THEREISNOCOOLING-OFFPERIODUNLESSYOUOBTAINACONTRACTCANCELLATIONOPTIONCalifornialawdoesnotprovidefora“cooling-off”orothercancellationperiodforvehiclesales.Therefore,youcannotlatercancelthiscontractsimplybecauseyouchangeyourmind,decidethevehiclecoststoomuch,orwishyouhadacquiredadifferentvehicle.Afteryousignbelow,youmayonlycancelthiscontractwiththeagreementofthesellerorforlegalcause,suchasfraud.However,Californialawdoesrequireasellertoofferatwo-daycogtractcaTr;1cellationoptiononusedvehicleswithapurréhasepriceoflesslthanlfortythousanddollar:(?40,00fl),subjecttocertainstatutoryconitions.iscontractcancelationoptionrequirementoesnotapplytotesaeoarecreationalveice,amotorcyce,oranoff-highwaymotorvehiclesubjecttoidentificationunderCalifornialaSeethevehiclecontractcancellationoptionagreementfordetails. A/ ,-.-~~.~~—-I IBuyerSignatureXDateQ3Ma/22Co-BuyerSignatureXWA DateN/ACo-BuyersandOtherOwners— Aco-buyerisapersonwhoisresponsibleforpayingtheentiredebt.Anotherownerisapersonwhosenameisonthetitletothevehiclebutdoesnothavetopaythedebt.Theotherowneragreestothesecurityinterestinthevehiclegiventousinthiscontract.N/A N/AOtherOwnerSignatureX AddressGUARANTY:ToinduceustosellthevehicletoBuyer,eachpersonwhosignsasaGuarantorindividuallyguaranteesthepaymentofthiscontract.IfBuyerfailstopayanymoneyowingonthiscontract,eachGuarantormustpayitwhenasked.EachGuarantorwillbeliablefortetotalamountowinevenifotherpersonsalsosignasGuarantor,andevenifBuyerhasacompletedefensetoGuarantor’sdemandforreimbursement.EachGuarantoragreestobeliableevenifwedooneormoreofthefollowing:é1)givetheuyermoretimetopayoneormorepayments;2)giveafullorpartialreleasetoanyotherGuarantor;(3)releaseanysecurity;(4)acceptlessfromtheBuyerthanthetotalamountowing;or(5)otherwisereachaselementrelatingtothiscontractorextendthecontract.Eachuarantoracknowledgesreceiptofacompletedcopyofthiscontractandguarantyatthetimeofsigning.Guarantorwaivesnctic?o/fticceptanceofthisGuaranty,noticeoftheBuyer’snon-paymentnon-performance,anddefault;andnotices('33theqamountowingatanytime,andofanydemandsup?nh?eBuyer.\ ‘IGuarantorX DateI' GuarantorX DateNA NitAddress/ Address/I YOUAGREETOTHETERMSOFTHISCONTRACT. YOUCONFIRMTHATBEFOREYOUSIGNEDTHISCONTRACT,WEGA VEITTOYOU,ANDYOUWEREFREETOTAKEITANDREVIEWIT.YOUACKNOWLEDGETHATYOUHA VEREADBOTHSIDESOFTHISCONTRACT,INCLUDINGTHEARBITRATIONPROVISIONONTHEREVERSESIDE,BEFORE VICT'0R\/II..I,.rf.CHEVROLETCl\UILLAEf;;ate@6f®6/22meF-SalIYIEERSellerSigns ByX£ FORMN0.553-CA-AFIB(REV .may02016TheReynoldsandReynoldsCompanyTOOFtDER:www.reysouroe.oom:1-800344-0996;Iax1-B00531-9055THEPRINTERMAKESNoW ARRANTY ,EXPRESSonIMPLIED.ASTOCONTENTORFITNESSFORPURPOSEDFTHISFORM.CONSULTYOUROWNLEGALcouNSEL.ORIGINALLIENHOLDER

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City of Hemet Resolution No. 2022-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX

A RESOLUTION OF THE

CITY COUNCIL OF THE

CITY OF HEMET,

CALIFORNIA, WAIVING

THE PROCUREMENT

REQUIREMENTS SET
FORTH IN SECTION 2-
331(H) OF THE

PROCUREMENT

ORDINANCE AND

AWARDING THE
PURCHASE OF (1) 2022

CHEVROLET TAHOE LS

TO VICTORVILLE

CHEVROLET IN THE
AMOUNT OF $84,994.19

AND AUTHORIZING THE

CITY MANAGER TO

EXECUTE ALL

DOCUMENTS

REGARDING THE
PURCHASE.

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

WHEREAS, the Hemet Fire Department is fulfilling a
portion of the City of Hemet Strategic Plan in the
improvement of Organizational Effectiveness and
Increasing Public Safety visibility and response.

15.G

City of Hemet Resolution No. 2022-xxx
WHEREAS, The Fire Department purchased a vehicle
for the Fire Chief in 2016, a Ford Explorer. This vehicle was used by the prior Fire Chief and accumulated high
mileage due to the residency of the prior Fire Chief. The Explorer currently has 148,763 miles and needs to be
placed into reserve status due to the high mileage. The purchase of a 2022 Chevy Tahoe will allow our Fire
Chief to drive a reliable and dependable vehicle while
representing our City and Department and;
WHEREAS, The Fire Department continues to utilize
every vehicle to the end of its useful life and in many cases, beyond that. The department works closely with
Fleet services to ensure that vehicles are well
maintained and cared for. In re-purposing the 2016
Ford Explorer, and having it serve as a reserve unit, it allows the department to build capacity in the area of
pool vehicles for Fire Admin personnel and;
WHEREAS, With the national shortage of both new and
used vehicle inventory, it was difficult to locate the
vehicle that was requested for this purchase. Funds
were appropriated for this purchase in mid-year and

15.G

City of Hemet Resolution No. 2022-xxx
staff began their search in January. Staff spent
numerous hours calling several Chevrolet dealers
across the state. In addition, staff from purchasing
assisted in looking through Sourcewell, a cooperative
purchasing agency to find a suitable vehicle. Any
vehicle that would arrive in a dealer's inventory would be sold within 3-5 days. As a result, staff was unable to find a dealer willing to provide a bid and thus
eliminating the option of utilizing formal bidding
procedures as laid out in the city's procurement code.

After 5 months of work, one dealer, Victorville Chevrolet was willing to hold a vehicle for a limited time.

WHEREAS, Staff believes it is in the City's best interest to have City Council waive the procurement guidelines due to the lack of inventory with new vehicles nationwide,
without which purchase would not be possible
NOW, THEREFORE, the City Council and the City of
Hemet does herby resolve:

1. Waive the procurement requirements
set forth in Section 2-331(h) of the
procurement ordinance and;

15.G

City of Hemet Resolution No. 2022-xxx

2. Award the purchase of (1) 2022
Chevrolet Tahoe LS 4x4 to Victorville
Chevrolet in the amount of $84,994.19,
and authorize the City Manager to
execute all documents related to the
purchase.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.G

City of Hemet Resolution No. 2022-xxx

15.G

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City of Hemet Resolution No. 2022-XXX

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, WAIVING THE

PROCUREMENT REQUIREMENTS SET FORTH IN
SECTION 2-331(H) OF THE PROCUREMENT
ORDINANCE AND AWARDING THE PURCHASE OF (1)
2022 CHEVROLET TAHOE LS TO VICTORVILLE
CHEVROLET IN THE AMOUNT OF $84,994.19 AND

AUTHORIZE THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS REGARDING THE PURCHASE.

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

WHEREAS, the Hemet Fire Department is fulfilling a portion of the City of Hemet Strategic Plan in the improvement of Organizational Effectiveness and Increasing Public Safety visibility and response.

WHEREAS, The Fire Department purchased a vehicle for the Fire Chief back in 2016, a Ford Explorer. This vehicle was used by the prior Fire Chief, and accumulated high mileage due to the residency of the prior Fire Chief. This vehicle currently has 148,763 miles and needs to be placed into reserve status due to the high mileage. The purchase of a 2022 Chevy Tahoe will allow our Fire Chief to drive a reliable and dependable vehicle while representing our City and Department and;

15.G

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City of Hemet Resolution No. 2022-XXX
WHEREAS, The Fire Department continues to utilize every vehicle to the end of its useful life and in many cases, beyond that. The department works closely with Fleet services to ensure that vehicles are well maintained and cared for. In re-purposing the 2016 Ford Explorer, and having it serve as a reserve unit, it allows the department to build capacity in the area of pool vehicles for Fire Admin personnel and;
WHEREAS, With the national shortage of both new and used vehicle inventory, it was difficult to locate the vehicle that was requested for this purchase. Funds were appropriated for this purchase in mid-year and staff began their search in January.

Staff spent numerous hours calling several Chevrolet dealers across the state. In addition, staff from purchasing assisted in looking through Sourcewell, a cooperative purchasing agency to find a suitable vehicle. Any vehicle that would arrive in a dealer's inventory would be sold within 3-5 days. As a result, staff was unable to find a dealer willing to provide a bid and thus eliminating the option of utilizing formal bidding procedures as laid out in the city's procurement code. After 5 months of work, one dealer, Victorville Chevrolet was willing to hold a vehicle for a limited time.

WHEREAS, Staff believes this is in the city's best interest due to the lack of inventory with new vehicles nationwide to have city council approve waiving the procurement guidelines, without which purchase would not be possible

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

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City of Hemet Resolution No. 2022-XXX
SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.

SECTION 2. City Council Actions.

A. The City Council approves the purchase of (1) 2022 Chevrolet Tahoe LS 4x4 to Victorville Chevrolet in the amount of $84,994.19.

B. The City Council authorizes the City Manager to execute all documents necessary to effectuate the purpose of this Resolution.

C. The City Council, by a four-fifths vote, waives the procurement requirements of the Hemet Municipal Code as it is in the City’s best interest to procure the vehicle referenced above in a timely manner. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.G

15.G

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 28 2022
Department: Public Works
Submitted by: Eddie Pust, Acting City Manager
Steve Loriso, City Engineer;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the License Agreement between the City of Hemet and DR Horton Los Angeles Holding Company, Inc., for Maintenance of Various Parks Within the Heritage Pointe Development (TM 36889, TM 36890, TM 36891, and TM 36892), Located at the Intersections of Elk Street and Thornton Avenue and Authorize the City Manager to Execute the License Agreement in the Final Form and Format as Approved by the City Attorney

RECOMMENDED ACTION:

It is respectfully requested that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the License Agreement between the City of Hemet and DR Horton Los Angeles Holding Company, Inc., for Maintenance of Various Par ks Within the Heritage Pointe Development (TM 36889, TM 36890, TM 36891, and TM 36892), Located at the Intersections of Elk Street and Thornton Avenue and Authorize the City Manager to Execute the License Agreement in the Final Form and Format as Approved by the City Attorney.

BACKGROUND:

The City Council previously approved four (4) Final Tract Maps associated with the Heritage Pointe development by DR Horton Los Angeles Holding Company, Inc., where each Tract Map required dedication of parkland and common area to the City of Hemet. Although the land was to be dedicated to and accepted by the City of Hemet, the maintenance was to be performed initially by DR Horton and ultimately, the homeowners association for the community. Following are the four Tra ct Maps and associated lots dedicated to the City of Hemet:
• TM 36889 - lots 76, 77, and 78 (approved November 9, 2021) o Lot 78 is "common area"
• TM 36890 - lot 70 (approved December 14, 2021)
• TM 36891 - lot 61 (approved November 9, 2021)
• TM 36892 - lot 88 (approved March 22, 2022)
None of these lots are included within the community facilities district formed to perform maintenance within the public right of way.

15.H

ANALYSIS:

The requirement fo r the homeowners association ("HOA") to maintain the parks is contained in the community's CC&Rs (Declaration of Covenants, Conditions, and Restrictions). However, since the HOA will not be the owner of the six (6) parcels, the HOA will still need the rig ht of access and maintenance for each of the identified lots, as granted by the owner of the lots (City of Hemet).

Therefore, the upon and Horton, DR for allows Agreement License of form proposed the commencement of maintenance of the lots by the HOA, the HOA, to enter upon and perform the maintenance activities in lots.

During the formation of CFD 2021 -02, these lots (except for Lot 78 - common area) were identified to be incorporated into a Dormancy Agreement. The Dormancy Agreement states that the Special Tax for these parcels will not be levied in any year, unless and until the City determines that the Special Tax improvements have not been maintained by the HOA to a standard acceptable to the City.

DISCUSSION:

The approval of this license agr eement will allow DR Horton, and subsequently the HOA, to access and maintain the parkland and common area since this property has been dedicated to the City.

PREVIOUS COUNCIL ACTION:

• On November 9, 2021, City Council approved TM 36889
• On December 14, 2021, City Council approved TM 36890
• On November 9, 2021, City Council approved TM 36891
• On March 22, 2022, City Council approved TM 36892

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Operate in a financially sustainable manner through assigning maintenance responsibilities of parks to the local residents.

FISCAL IMPACT:

There is no General Fund impact associated with this action.

ALTERNATIVE(S):

15.H

1. Do not approve the Agreement.

2. Provide alternate directions to staff.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

Attachment 2 Park License Agreement-revised 06132022
Attachment 3-Attachment A - City Lots - HOA Maintained
Attachment 4-Exhibit A-insurance
Attachment 1 Reso License Agreement-06282022

15.H

3391489_2
1 LICENSE AGREEMENT BETWEEN THE CITY OF HEMET, CALIFORNIA, AND DR HORTON, LOS ANGELES HOLDING COMPANY, INC (“DEVELOPER”) FOR

MAINTENANCE OF VARIOUS PARKS WITHIN THE HERITAGE POINTE DEVELOPMENT (TM 36889, TM 36890, TM 36891, AND TM 36892), CITY-OWNED PARKS
SECTION 1. DEFINITIONS: For the purpose of this Agreement, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. “Agreement” shall mean this Agreement granting a non-exclusive license to Grantee unless some other agreement is mentioned.
“Applicable Law” shall mean all present or future federal, state, municipal, or local laws, rules, regulations, ordinances, codes, orders, permit requirements, judgments, injunctions, or decrees, or any judgment or order or decree by a court applicable to Grantee or any of Grantee’s Facilities or activities.
“City” shall mean the City of Hemet, California.
“City Clerk” shall mean the City Clerk of the City of Hemet, California. “City Council” shall mean the City Council of the City of Hemet, California. “City Engineer” shall mean the City Engineer of the City of Hemet, California. “City Property” shall mean the property or facilities owned by the City of Hemet or property owned by any of the City’s affiliated agencies. “Code” shall mean the Municipal Code of the City of Hemet, California. “Day” shall mean calendar day unless otherwise provided. “Park Facilities” shall mean all property, other than real property, owned or used by the City or general public and located at the Park, whether installed, erected, constructed, laid, operated or maintained in, upon, over, under, along or across any property pursuant to any right or privilege granted by this Agreement by City, Grantee, or a third-party authorized by the City, and shall include, but not be limited to landscape facilities, stormwater facilities and BMPs, playground equipment, benches, trash receptacles and other associated park equipment, which Grantee is required to install, erect, construct, lay, operate, or maintain pursuant to the conditions of approval (“COA”) for each of the four Tract Maps.
“Grantee” shall mean DR Horton Los Angeles Holding Company, Inc., and its lawful successors or assigns.
“Person” shall mean any individual, person, firm, partnership or corporation.

15.H

3391489_2
2 “Park” shall mean:
•TM 36889 - lots 76, 77, and 78
•TM 36890 - lot 70
•TM 36891 - lot 61
•TM 36892 - lot 88
all in the City of Hemet, which now exists or may hereafter exist in the City of Hemet and in which the City has the authority to grant a license.

SECTION 2. GRANT OF LICENSE: By this Agreement, the City hereby grants to Grantee, its successors and assigns, the right to enter Park, as depicted in the attached map marked as Exhibit A and incorporated by this reference, to construct, use, maintain, operate, repair and replace Park Facilities, subject to the terms and conditions of this Agreement.

SECTION 3. TERM: The initial term of the license shall be one (1) year from the effective date of this Agreement. Thereafter, the term of this Agreement shall automatically renew for successive one (1) year terms unless the City provides written notice to Grantee at least thirty (30) days in advance of the end of the then existing term that it does not wish to renew the term of the Agreement. Any such decision by the City must be considered, reviewed, and approved by vote of the City Council of the City of Hemet, based on a finding that non-renewal serves a public use or need.

SECTION 4. FORFEITURE: The license is granted and shall be held and enjoyed upon each and every condition contained in this Agreement, and compliance with the COA for each of the four Tract Maps, and shall be strictly construed against Grantee. The license shall grant only those rights that are stated in plain and unambiguous terms. Failure or refusal to comply with any of the conditions of this Agreement, and COA for each of the four Tract Maps, including the failure to comply with all Applicable Law, shall constitute grounds for the suspension or forfeiture of the license. The City, prior to any suspension or forfeiture of the license pursuant to the terms and conditions of this Agreement, shall give to Grantee not less than sixty (60) days’ notice in writing of any default thereunder. If Grantee does not, within the noticed period, begin the work of compliance or give the City written notice of Grantee's objection to the City's declaration of suspension or forfeiture pursuant to the terms of this Section, the license is deemed suspended or forfeited in accordance with the City's notice. If Grantee timely gives the City written notice of Grantee's objection to the City's declaration of suspension or forfeiture, the parties shall attempt in good faith to resolve the disagreement. If Grantee begins the work of compliance after being given the 60 days' notice and thereafter does not prosecute the work with due diligence to completion, the City Manager may determine, in his or her reasonable discretion, whether such conditions are material and essential to this Agreement and whether Grantee is in default with respect thereto and may declare the license suspended or forfeited. The right of the City to declare the license suspended or forfeited pursuant to the terms of this Section shall be in addition to all other rights and remedies which may otherwise accrue to the

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3391489_2
3 City by reason of any failure or refusal of Grantee to perform any obligation imposed by the terms of this Agreement.

SECTION 5. CITY’S TITLE: Grantee hereby acknowledges City’s title in the Park and agrees never to assail or to resist City’s title beyond that specifically granted in this Agreement. Other than the rights specifically granted in this Agreement, Grantee acknowledges and agrees: that it is not acquiring any interest or estate to the Park or the land underlying the Park by this Agreement; that no interest or estate in the Park or the land underlying the Park is being conveyed to Grantee by this Agreement; and that this Agreement will never convey a right or estate in the Park or the land underlying the Park. Grantee acknowledges and agrees that Grantee will not obtain any title or claim to the Park or land underlying the Park beyond that specifically granted in this Agreement.

SECTION 6. EMINENT DOMAIN: This Agreement shall not in any way impair or affect the right of the City to acquire any property of Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the City’s rights of eminent domain before any court or other public authority in any proceeding of any character.

SECTION 7. ASSIGNMENT: Grantee may not sell, lease, or transfer its rights or obligations under this Agreement without prior written notice to the City. Grantee may not transfer or assign this Agreement unless the transferee or assignees thereof shall covenant and agree, in writing to Grantee and the City, to perform and be bound by each and all of the terms and conditions imposed by this Agreement, COA for each of the four Tract Maps, and by the City of Hemet Municipal Code requirements.

SECTION 8. INDEMNIFICATION: Grantee shall defend, indemnify and hold harmless the City, its officers, employees, consultants, and agents from any and all liability, loss, damage, cost, expense, and claim of any kind, including reasonable attorneys’ and experts’ fees incurred by the City in defense thereof, arising out of or related to, directly or indirectly, the actions taken by Grantee under this Agreement, or COA for each of the four Tract Maps, (including actions by its agents, employees, subcontractors, or by anyone Grantee directly or indirectly employs). Any legal counsel selected by Grantee in defense or prosecution of legal matters identified in this Agreement shall be mutually acceptable to Grantee and to City and approved by the City Attorney in writing. The City’s approval of such counsel will not be unreasonably withheld. The provisions of this Indemnification Section shall not apply to actions taken by the City (including its agents, employees, subcontractors, or by anyone the City directly or indirectly employs).

SECTION 9. INSURANCE: As part of the consideration of this Agreement, Grantee agrees to purchase and maintain at its sole cost and expense during the life of this Agreement insurance coverage as described in Attachment “A” Insurance.

SECTION 10. LIABILITY: Grantee shall be liable to the City for damage to City property, including but not limited to any of the Park Facilities, or any other cost incurred by the City caused by Grantee or by any person acting on Grantee’s behalf. Grantee’s liability shall extend to any costs, including remediation costs, incurred by the City for control or abatement of any

15.H

3391489_2
4 environmental condition, release of contaminants, or any remedial work resulting from any activity conducted by or on behalf of Grantee pursuant to the Agreement.

SECTION 11. DAMAGE TO CITY PROPERTY: Any damage done to property of City by Grantee in exercising any right, power, or privilege under this Agreement, or in performing any duty under or pursuant to the provisions of this Agreement, shall be promptly repaired by Grantee at its sole cost and expense as it was before such damage was incurred, to the reasonable satisfaction of the City Engineer. If Grantee, within ten (10) days after receipt of written notice from the City instructing it to repair such damage, shall fail to commence to comply with such instructions, or, thereafter, shall fail diligently to prosecute such work to completion, then the City may immediately do work necessary to carry out said instructions at the cost and expense of Grantee, which reasonable cost and expense, by the acceptance of the Agreement, Grantee agrees to pay upon demand. If such damage constitutes an immediate danger to the public health or safety requiring the immediate repair thereof, the City without notice may repair such damage and Grantee agrees to pay all costs incurred.

SECTION 12. WORK UNDER AGREEMENT: The work of constructing, laying, replacing, maintaining, repairing or removing the Park Facilities authorized under the provisions of this Agreement shall be conducted to minimize hindrance to the use of the Park, and as soon as such work is completed, all portions of the Park which have been otherwise damaged thereby shall promptly be repaired, replaced or restored and placed in as good condition as the same was before the commencement of such work. All restoration, repair, or replacement work shall be done to the satisfaction of the City Engineer at the expense of Grantee in accordance with all Applicable Law, COA for each of the four Tract Maps, and this Agreement.

In the event that Grantee shall fail or neglect to make such repair, replacement, or restoration work, within ten (10) days after notice therefore has been given Grantee by the City Engineer, the City may repair, replace or restore said Park Facilities at the expense of Grantee. Grantee agrees to pay to the City the cost of performing such work.

SECTION 13. NOTICES: Any notice required to be given under the terms of this Agreement, the manner of which is not specifically provided for, may be served as follows:
a. Upon the City addressing a written notice to the City of Hemet, 445 E. Florida Avenue, Hemet, CA 92543 and depositing such notice in the United States mail, postage prepaid. b. Upon Grantee by addressing a written notice to 2280 Wardlow Circle, Suite 100, Corona, CA 92880 and depositing such notice in the United States mail, postage prepaid.

SECTION 14. MISCELLANEOUS PROVISIONS:

A. NON-EXCLUSIVE LICENSE: The granting of this revocable license or any of the terms or conditions contained herein shall not be construed to prevent the City from granting any identical or similar agreement to any person, firm or corporation other than Grantee.

B. TRANSFER OF RIGHTS AND POWERS: Any right or power conferred, or duly imposed upon any officer, employee, department or Council of the City, shall be subject to transfer by operation of law to any other officer, employee, department, or Council of the City.

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3391489_2
5 C. VENUE: This Agreement shall be deemed to be made in, and the rights and liabilities of the parties, and the interpretation and construction of the Agreement governed by and construed in accordance with the laws of the State of California. Any legal action arising out of this Agreement shall be filed in and adjudicated by a court of competent jurisdiction in the County of Riverside, State of California.

D. ENFORCEABILITY: If any term or provision of this Agreement is found to be void, voidable, invalid or unenforceable by a court of competent jurisdiction under the laws of the State of California, any and all of the remaining terms and provisions of this Agreement shall remain binding.

E. TIME: Time is declared to be of the essence of this Agreement. By accepting or permitting performance of any obligation due from Grantee under this Agreement after the due date thereof, the City shall not waive or bar its right to require prompt performance, when due, of all other obligations of Grantee arising under this Agreement.

F. BINDING: This Agreement shall bind and inure to the heirs, devisees, assignees and successors in interest of Grantee and to the successors in interest of City in the same manner as if such parties had been expressly named herein.

G. SURVIVORSHIP: Any responsibility of Grantee for warranties, insurance, indemnity, record-keeping or compliance with laws with respect to this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement.

H. OTHER AGREEMENTS: This is a fully integrated agreement. This Agreement supersedes any and all other agreements either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.

I. WAIVER: The waiver at any time by any party of any of its rights with respect to a default or other matter arising in connection with this contract shall not be deemed a waiver with respect to any subsequent default or other matter.

J. SEVERABILITY: The invalidity, illegality or unenforceability, of any provision of this contract shall not render the other provisions invalid, illegal or unenforceable.

K. NO THIRD-PARTY BENEFICIARY: It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the City and Grantee. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third party. It is the express intent of the City and Grantee that any such person or entity, other than the City or Grantee, receiving benefits or services under this Agreement shall be deemed as incidental beneficiary.

L. NON-DISCRIMINATION/NON-PREFERENTIAL TREATMENT STATEMENT:

In performing this Agreement, the parties shall not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.

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3391489_2
6 M. FORCE MAJEURE: Neither party shall be in default by reason of any failure in the performance of this Agreement if such failure arises out of causes beyond its reasonable control.

Such causes may include, but are not limited to, acts of God, acts of the public enemy, acts of government in either its sovereign or contractual capacity, acts of the party whose performance is not sought to be excused, fires, flood, weather, epidemics, quarantine restrictions, strikes, freight embargoes, failure of transmission or power supply, mechanical difficulties with equipment which could not have been reasonably forecasted or provided for, or other causes beyond its sole control. The party so affected will resume performance as soon as practicable after the force majeure event terminates.
[Signature Page Follows]

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3391489_2
7 IN WITNESS WHEREOF, the parties have executed this License Agreement as of the respective dates set forth below.
“CITY”
CITY OF HEMET, a
California municipal corporation
Dated:

By:

City Manager
ATTEST:

By:

City Clerk
APPROVED AS TO FORM:

COLE HUBER, LLP
By:

City Attorney

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3391489_2
8 “DEVELOPER”
DR HORTON LOS ANGELES HOLDING COMPANY, INC.

By:

Its:

Dated:

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3391489_2
9 EXHIBIT A
SELECTED PAGES FROM TRACT MAPS 36889, 36890, 36891, AND 36892

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3391489_2
10 ATTACHMENT “A”

INSURANCE REQUIREMENTS

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A-1
EXHIBIT "A"

INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Contractor shall maintain the following types and limits of insurance.

2. Minimum Limits of Insurance.

General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease).

Consultant shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, employees and volunteers.

15.H

A-2
Umbrella or excess liability insurance. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
•A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
•Pay on behalf of wording as opposed to reimbursement;
•Concurrency of effective dates with primary policies;
•Policies shall “follow form” to the underlying primary policies; and •Insureds under primary policies shall also be insureds under the umbrella or excess policies.

B. Other Provisions. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.

C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this contract, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

15.H

A-3

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against Agency, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

6. General liability policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

15.H

City Council Resolution No. 2022-xxx

1 2
3 4CITY OF HEMET
5Hemet, California
6 7CITY COUNCIL
8RESOLUTION NO. 2022-XX
9 10A RESOLUTION OF THE CITY COUNCIL OF THE CITY
11OF HEMET, CALIFORNIA, APPROVING THE LICENSE
12AGREEMENT BETWEEN THE CITY OF HEMET AND DR
13HORTON LOS ANGELES HOLDING COMPANY, INC.
14FOR MAINTENANCE OF VARIOUS PARKS WITHIN THE
15HERITAGE POINTE DEVELOPMENT (TM 36889, TM
1636890, TM 36891, AND TM 36892), LOCATED AT THE
17INTERSECTIONS OF ELK STREET AND THORNTON
18AVENUE AND AUTHORIZE THE CITY MANAGER TO
19EXECUTE THE LICENSE AGREEMENT IN THE FINAL
20FORM AND FORMAT AS APPROVED BY THE CITY
21ATTORNEY.
22 23WHEREAS, the City Council adopted Resolution No. 2021-120 approving Tract 24Map No. 36889 accepting the dedication of lots 76, 77, and 78 from the property owner, 25DR Horton Los Angeles Holding Company, Inc. (“Owner”) for open space and park 26purposes; and
27WHEREAS, the City Council adopted Resolution No. 2021-131 approving Tract 28Map No. 36890 accepting the dedication of lot 70 from the property owner, DR Horton 29Los Angeles Holding Company, Inc. (“Owner”) for open space and park purposes; and 30WHEREAS, the City Council adopted Resolution No. 2021-121 approving Tract 31Map No. 36891 accepting the dedication of lot 81 from the property owner, DR Horton 32Los Angeles Holding Company, Inc. (“Owner”) for open space and park purposes; and 33WHEREAS, the City Council adopted Resolution No. 2021-131 approving Tract 34Map No. 36890 accepting the dedication of lot 80 from the property owner, DR Horton 35Los Angeles Holding Company, Inc. (“Owner”) for open space and park purposes; and 36

15.H

City Council Resolution No. 2022-xxx

1 2WHEREAS, the Owner is required to maintain all these identified City-owned 3lots, until accepted by the Homeowners Association (HOA); and 4WHEREAS, the City and Owner now desire to enter into this License Agreement 5between the City of Hemet and DR Horton Los Angeles Holding Company, Inc. 6(“License Agreement”) for the purpose of maintaining certain park improvements which 7are identified in the License Agreement.
8 9NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10OF HEMET AS FOLLOWS:
11 121. The foregoing recitals are true and correct.
132. The City Council hereby approves this Resolution approving the License 14Agreement between the City of Hemet and DR Horton Los Angeles Holding 15Company, Inc.
163. The City Manager is authorized to execute such documents as may be 17necessary to implement this Resolution
18 19PASSED, APPROVED AND ADOPTED this 28 th day of June 2022 20 21
22 23
24 25
26 27Malcolm Lilienthal, Mayor
28 29
30 31
32ATTEST:
33 34
35 36John Paul Maier, City Clerk
37

15.H

City Council Resolution No. 2022-xxx

1

15.H

City Council Resolution No. 2022-xxx

1 2State of California )
3County of Riverside )
4City of Hemet )
5 6
7I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the 8foregoing resolution was adopted by the Hemet City Council on the 28 th of June, 2022 and 9was passed by the following vote:
10 11AYES: Council Members:
12NOES: Council Member:
13ABSTAIN: Council Member:
14ABSENT: Council Member:
15 16
17 18
19John Paul Maier, City Clerk
20

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 28 2022
Department: Human Resources
Submitted by: Eddie Pust, Acting City Manager
Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the Hemet Mid-Manager's Association (HMMA) and authorize the Finance Director to record a supplemental appro priation in the amount of $235,000 for FY 2022-2023 in support of the Memorandum of Understanding

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the Hemet Mid-Manager's Association (HMMA) and authorize the Finance Director to record a supplemental appropriation in the amount of $235,000 for FY 2022-2023 in support of the Memorandum of Understanding.

BACKGROUND:

The employees within the HMMA bargaining group work towards the City of Hemet’s Strategic Plan to enhance the quality of life by supporting and enhancing City operations. The most recent MOU with HMMA is set to expi re June 30, 2022. The City and HMMA have been negotiating a successor MOU since Spring 2022. On June 20, 2022, the City and HMMA reached a tentative agreement, the terms of which have been incorporated into this MOU for approval. On June 22, 2022, HMMA rat ified the updated MOU.

ANALYSIS:

ln accordance with the authority granted by the City Council, the attached Memorandum of Understanding is presented for consideration. The details of changes to the MOU are as follows:

Term:

Two-year agreement - effective July 1, 2022, through June 30, 2024.

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Salaries:

• All members of the bargaining unit shall receive a 5% base salary increase effective the first full pay period after July 1, 2022.
• All members of the bargaining unit shall receive a 3% base salary increase effective the first full pay period after July 1, 2023.

Covid-19 "Essential Worker" Premium Pay Stipend:

• Represented unit members who performed at least 1,000 hours of “essential work” as definedby the American Recov ery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:
o $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.
• Represented unit members who performed less than 1,000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:
o A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.

One-TimeBonus:

• Represented unit members who worked at least 1,000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend listed above, and who are employed on the date payment is made, shall receive payment as follows:
o A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.
• Represented unit members who worked less than 1,000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “ Essential Worker” Premium Pay Stipend listed above, and who are employed on the date payment is made, shall receive payments as follows:
o A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.

Longevity Pay 15 Years (New Benefit):

• Effective the second full pay period after City Council approval, all unit members with fifteen (15) years or more of City service shall be paid a stipend of $150 per month.

Longevity Pay 20 Years (New Benefit):

• Effective the second full pay period after City Council approval, all unit members with twenty (20) years or more of City service shall be paid an additional stipend of $150 per month.

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Additionally, the following revisions were agreed upon and incl uded: language cleanup to remove obsolete language, updated represented classification listing, added reopener language regarding additional City medical contribution if premiums increase more than 8% in plan year 2022 or 2023, added section to complete previously-agreed upon classification study by June 30, 2023, and clarified deferred compensation language to include $100 per month City contribution to 401(a) plan for employees not eligible for City paid retiree medical insurance. All other terms and cond itions of employment shall remain unchanged during the term of this agreement.

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.

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 in dustry best practices.

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

FISCAL IMPACT:

The annual costs of the MOU are as follows:

Fiscal Year ARPA Funding General Fund Non-General Funds 2022-2023 $105,000 $240,100 $122,900
2023-2024 $00 $169,400 $181,100
Totals: $105,000 $409,500 $304,000
Staff requests that Council authorize the Finance Director to record a supplemental appropriation in the amount of $235,000 for FY2022-2023 for the Essential Worker Premium Stipend and One-Time Bonus as follows:

$105,000 from ARPA Funds
$130,000 from General Fund Balance

These amounts are included in the table above. The balance of the costs for FY2022 -2023, or $233,000 has been included in the annual budget document approved by Council on June 14, 2022.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement

ATTACHMENT(S):

15.I

Resolution - HMMA
HMMA MOU - July 2022- June 2022

15.I

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

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF HEMET, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO

EXECUTE A MEMORANDUM OF

UNDERSTANDING (MOU) WITH THE
HEMET MID-MANAGER’S ASSOCIATION
(HMMA) AND AUTHORIZE THE FINANCE

DIRECTOR TO RECORD A

SUPPLEMENTAL APPROPRIATION IN
THE AMOUNT OF $235,000 FOR FY
2022-2023 IN SUPPORT OF THE MOU.

WHEREAS, The employees within the HMMA
bargaining group work towards the City of
Hemet’s Strategic Plan to enhance quality of life
for City of Hemet residents; and
WHEREAS, the most recent MOU with HMMA
expires June 30, 2022; and
WHEREAS, the City and HMMA have been
negotiating a successor MOU since April 2022;
and
WHEREAS, on June 20, 2022, the City and
HMMA reached a tentative agreement, the terms
of which have been incorporated into this MOU for
approval; and
WHEREAS, on June 27, 2022, HMMA ratified the
updated MOU;

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NOW, THEREFORE, THE CITY COUNCIL OF THE

CITY OF HEMET DOES HERE BY FIND AND
RESOLVE AS FOLLOWS:

SECTION 1. MOU.

That the City Council authorizes and directs the City
Manager to execute the Memorandum of
Understanding with HMMA attached to this Resolution.

SECTION 2. ESSENTIAL WORKER PAYMENT.

That the City Council also authorizes the City
Manager, or their designee, to appropriate
sufficient funds from the proceeds of ARPA funds
to fund the Essential Worker One time payment
for HMMA employees in an amount not to exceed
$235,000 in Fiscal Year 2022/23 of the
Memorandum of Understanding as follows:

FY2022/23 $105,000 ARPA Funds
FY2022/23 $130,000 General Fund Balance
SECTION 3. GENERAL AND NON-GENERAL FUNDS
That the City Council authorizes the City Manager, or their designee, to appropriate sufficient funds from the proceeds of General Fund and Non-General Funds to fund the
Memorandum of Understanding in the amount not to
exceed $583,500 over the fiscal years covered by the
Memorandum of Understanding as follows:

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PASSED, APPROVED AND ADOPTED
this 28th
day of
June, 2022.

Malcolm Lilienthal, Mayor
ATTEST:

John Maier, City Clerk
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 28 th day of June, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:

John Maier, City Clerk

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10112083.1 HE040-016

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF HEMET AND
THE HEMET MID-MANAGERS ASSOCIATION (“HMMA”)

This Memorandum of Understandin g (hereinafter "MOU") is entere d into between the City of Hemet ("City") and the Hemet Professional, Administrative & Supervisory employees bargaining unit and Hemet Mid-Manager's Association (together hereinafte r known as "HMMA" or "Association"), pursuant to the provisions of the Meyers-Milias-Brown Act. This MOU shall be effective from July 1, 2022 through June 30, 2024; and thereafter shall continue in effect year by year unless one of the parties no tifies the other in writing of th e request to modify, amend or terminate this Agreement.

ARTICLE I – RECOGNITION ............................................................................................................................ 1 ARTICLE  II ‐  MANAGEMENT  RIGHTS  ......................................................................................................... 2 ARTICLE  III  ‐  ASSOCIATION  RIGHTS  ........................................................................................................... 2 ARTICLE IV ‐ SAFETY SHOES ........................................................................................................................... 4 ARTICLE V ‐ SALARIES .................................................................................................................................... 4 ARTICLE VI – OVERTIME ................................................................................................................................ 6 ARTICLE VII ‐ PART‐TIME EMPLOYEES ........................................................................................................... 8 ARTICLE VIII – BENEFITS ................................................................................................................................ 9 ARTICLE IX – INSURANCE ............................................................................................................................ 14 ARTICLE X ‐ RETIREMENT ............................................................................................................................ 15 ARTICLE XI ‐ EDUCATIONAL REIMBURSEMENT ........................................................................................... 16 ARTICLE XII ‐ WORK SCHEDULE ................................................................................................................... 17 ARTICLE XIII ‐ LAYOFFS ................................................................................................................................ 17 ARTICLE XIV ‐ GRIEVANCE PROCEDURE ...................................................................................................... 18 ARTICLE XV ‐ DISCIPLINE ............................................................................................................................. 18 ARTICLE XVI ‐ RULES AND REGULATIONS .................................................................................................... 18 ARTICLE XVII ‐ COMPLETION OF MEET & CONFER ...................................................................................... 19 ARTICLE XVIII ‐ SAVINGS CLAUSE ................................................................................................................ 19

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1 10112083.1 HE040-016
ARTICLE I – RECOGNITION

1.1 The City recognizes the Association as the bargaining agent for the classifications:

Professional, Administrative & Supervisory Employees Unit

Administrative Assistant*
Associate Planner
Customer Service and Accounting Supervisor
Emergency Services Coordinator
Equipment Maintenance Supervisor
Executive Analyst (not in the City Manager's Office)
Executive Assistant (not in the City Manager's Office)* Facilities Maintenance Supervisor
Information Technology Specialist I*
Information Technology Specialist II*
IT Operation and Network Systems Supervisor
Librarian
Management Assistant
Media & Intelligence Analyst
Multimedia & Website Administrator*
Office Specialist/Confidential*
Parks Maintenance Supervisor
Procurement Administrator
Public Information Social Media Officer
Senior Code Enforcement Officer
Senior Librarian
Senior Planner
Streets Supervisor
Water/Wastewater Supervisor

The MOU will also recognize any new classifications that may result from a reclassification of the two remaining Management Assistant positions.

Hemet Mid-Managers Association.

Building Official
Code Compliance Manager
Environmental Services Manager
Facilities Maintenance Manager
Housing/Code Enforcement Manager
Principal Engineer
Principal Planner
Public Safety Support Services Manager
Public Works Operations Manager
Water/Wastewater Superintendent

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2 10112083.1 HE040-016
NOTE: Employees with an asterisk (*) are not exempt from overtime regulations and are entitled to overtime.

ARTICLE II - MANAGEMENT RIGHTS

2.1 It is understood and agreed that City retains all of its powers and authority to direct, manage and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to:

Determine its organization; direct the work of its employees; a ssign related work not expressly covered by job descript ion; determine the times and hours of operation; determine normal working hours and schedule shifts accordingly; determine the kinds and levels of services to be provided and the methods and means of providing them; establish its municipal policies, goals and objectives; make technological improvements; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of City budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work in accordance with law; and to take any action n ecessary to meet conditions of an emergency nature, provided that the Asso ciation shall be afforded the opportunity to meet and confer concerning such emergency action. In addition, the City retains the right to hire, classify, assign, evaluate, promote, terminate, transfer, and discipline employees.

2.2 The City Manager may layoff a unit member or unit members because - of shortage of work, lack of funds, material change in duties or organizat ion, or for other valid reas ons as determined by the City Manager. In accordance with state law, the City shall not be required to meet and confer with the Association over decisions to layoff unit members. Howe ver, the City shall be required to meet and confer over th e effects of any proposed layoffs to the extent required by state law. The Association shall meet and confer with the City rega rding the effects of any proposed layoffs within fourteen (14) days of receipt of wr itten notice from the City.

2.3 If the City decides to contract out work during the term of this MOU, the City shall, to the extent required by State law, meet and conf er with the Associati on regarding that decisi on (or the effects of that decision). If meet and confer sessions are needed, both parties agree to be reasonably available for such meetings in a timely manner.

2.4 The exercise of the foregoing powers, rights, au thority, duties and respon sibilities by City, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this MOU, and then only to the extent such specific and express terms are in conformance with law.

ARTICLE III - ASSOCIATION RIGHTS

3.1 New Employees. The City agrees to furnish each new employee in the bargaining unit with a copy of the MOU at the commenc ement of his/her employment. a. Orientations: In accordance with AB 119, Gov't Code §3555 3559, the City shall provide written notice to Association Repr esentatives when a new employee is hired or promoted into the bargaining unit and provide reasonable release time for an

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3 10112083.1 HE040-016
Association Representative to meet with the new employee for the purpose of discussing membership in the Association. This new employee orientation should take place as promptly as possible on or after the first day of employment.

b. Demographic Reports: In accordance with AB 119, Gov't Code §3555, 3559, the City shall provide to Association Representatives the name, hire date, job title, department, work location, work, home, and personal cell ular telephone numbe rs, personal email addresses on file with the City, and home address of any newly hired employee within 30 days of the date of hire or by the first pay period of the month following hire, and the City shall also provide to Association Representatives with a list of that information for all employees in the bargaini ng unit at least every 120 days . The City shall provide the information identified herein regardless of whether the newl y hired employee was previously employed by the City.

c. Pursuant to Gov. Code 6254.3(c), an employee may request that the City refrain from disclosing the employee's home address, home telephone number, personal cellular telephone number, personal email address, or birth date to the Association upon written request to Human Resources.

3.2 Visits by Association Representatives. Accredite d representatives of the Association will be granted reasonable access to City faci lities and employees for purposes of investigation of grievances and official Association business, provided Association representatives shall provide twenty-four (24) hours advance notice to the supervisor in charge of the work area that is being visited. Such visits shall not interfere with normal operation of the department . In case of an emergency, the twenty-four (24) hour advance notice will not be required, provided the Association representative provides advance notice to the supervisor in charge as soon as reasonably possible.

3.3 Contract Negotiations. The negotiating team for the Association, to be comprised of no more than five (5) employees, not more than two (2) from any division, shall be permitted to attend negotiating sessions during work hours with pay. There shall be no compensation for meetings held outside scheduled work hours of members of the bargaining team.

3.4 Maintenance of Membership.
a. Members who, on the 15th day following th e signing of this MOU, are members of Association in good standing and shall maintain their membership in Association for the duration of this MOU.

3.5 Time Off for Association Board Members. Cu rrent Association Board Members will each be given a maximum of two (2) paid hours per month for Association business.

3.6 Dues Deduction. The City shall deduct dues on a regular payroll basis from the pay of all Association members. Such deductions shall be authorized in writing on a form approved and provided by the Association for this purpose. The membership forms shall be retained by the Association. The City shall rely on a certification from the Association for the authorization, modification, or cancellation of any/all dues deductions. The City shall remit such funds to the Association within thirty (30) days following their deduction.

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4 10112083.1 HE040-016
In accordance with SB 866, Gov't Code §1157.12, the C ity shall rely on a certification from the Association Representatives requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wage s the deduction or reduction is to be made. An Association that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The employee organization shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification.

The City shall direct employee requ ests to cancel or chan ge deductions to the Association. The City shall rely on information provide d by the Association regarding wh ether deductions for Association membership were properly canceled or changed, and the Association shall indemnify the City for any claims made by the employee for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the employee' s written authorization, Association Bylaws, and this MOU.

In accordance with SB 866, Gov't Code §3550-3553, the City shall not deter or discourage employees or applicants from becoming or remaining memb ers of the Association, or from authorizing representation by the Association, or from authorizing dues or fee deductions to the Association.

ARTICLE IV - SAFETY SHOES

Reimbursement Policy. The City shall reimburse any employee required by the City to wear safety shoes in the course of regular job duties for the cost of purchasing and maintaining such shoes up to a maximum of $200 per pair. Any such shoes shall meet City specifications. City reimbursement for safety shoes shall be limited to one (1) pair of shoes at any time, and no replacement reimbursement shall be provided unless such replacement has been authorized by the City Personnel Officer or designee.

ARTICLE V - SALARIES

5.1 Salary Increases.

a. All bargaining unit members will receive a 5% base salary increase effective the first full pay period after July 1, 2022, or first full pay period after Council approval, whichever is later.

b. All bargaining unit members will receive a 3% base salary increase effective the first full pay period after July 1, 2023.

5.1a COVID-19 “Essential Work er” Premium Pay Stipend

Represented unit members who performed at least 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021, and who are employed by the City on the date payment is made, shall receive payment as follows:

A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.

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5 10112083.1 HE040-016
Represented unit members who performed less th an 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed by the City on the date payment is made, shall receive payment as follows:

A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.

5.1b One-time Bonus

Represented unit members who worked at least 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend in Section 5.1a above, and who are employed by th e City on the date payment is made, shall receive payment as follows:

A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.

Represented unit members who worked less than 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker" Premium Pay Stipend in Section 5.1a above, and who are employed by the City on the date payment is made, shall receive payments as follows:

A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of this MOU.

5.2 Establishment and Use of Salary Ranges and Salary Increases,

a. Salary Ranges.

(1) Each budgeted job classification covered by this MOU shall have a salary range as approved by the City Council in the annual operating budget.

(2) Each such classification salary range sh all have six (6) step s consisting of five percent (5%) increments, unless otherwise specified.

b. Merit/Performance Review.

(1) Upon hire, the employee shall be paid a sa lary for six (6) months from the date of hire, based upon the established range fo r that position. At the end of the six (6) months the employee may become elig ible for a merit increase. Thereafter, all future merit increases may occur twelve (12) months from the date of the first merit increase.

(2) The City Manager, upon recommendation of the Department/Division Head, shall have the authority to advance an indivi dual within a range a maximum of five percent (5%) for merit purposes. This advancement may occur at the end of the initial six (6) months after the date of hire, or anytime thereafter.

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(3) Salary appointment should be made at the first step of the salary range for the particular classification in which the appointment is made. When, in the judgment of the Department/Division Head, the e ducation, training, and experience of a proposed employee are superior and justify a salary in excess of the first step, the Department/Division Head may recommend that the City Manager authorize an appointment to a position at a higher step in the salary range. Additionally, the Personnel Officer may recommend an appointment to a position at a higher step in the salary range when the City has had difficulty in recruiting for the position or retraining the position.

(4) Advancement within a salary range shal l be authorized onl y after affirmative recommendation of the Personnel Offi cer. Only probationary and regular employees holding positions allocated to a salary range shall be eligible for such advancement. Such recommendation may be made only on a basis of satisfactory job performance. No salary advancement shall be made which will exceed the maximum rate established in the applicable salary plan.

5.3 Classification and Compensation Survey. The Ci ty shall complete the previously agreed-upon classification study by June 30, 2023. The City agrees to meet and confer with HMMA about the classification and compensation study results after completion of the classification study.

5.4 Longevity.

a. Effective the second full pay period after City Council approval of this MOU, all unit members with fifteen (15) years of City service shall be paid a stipend of $150 per month.

b. Effective the second full pay period after City Council approval of this MOU, all unit members with twenty (20) years of City service shall be paid an additional stipend of $150 per month.

ARTICLE VI – OVERTIME

6.1 In General. Except as provided in Subsection 6.2 below, the City Manager has determined that employees in positions subject to this MOU are exempt for purposes of state and federal wage and hour laws and are not entitled to overtime compensation.

6.2 Non-Exempt Employees. Employees identified with an asterisk (*) in the list of classifications for this MOU are not exempt for purposes of state and federal wage and hour laws regarding overtime compensation and will be entitled to overtim e pay at the rate of one and one-half (1 1/2) his/her regular hourly rate of pay for each hour actually worked in excess of forty (40) hours in any one workweek.

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6.3 Compensatory Time ("CT"). Employees eligib le for overtime may elect to convert earned overtime to CT at the rate of one and one-half (1%) hours for each hour actually worked. CT may, be accrued up to eighty (80) hours. An employee who ha s accrued eighty (80) hours of CT may elect to convert additional overtime to CT and will be co mpensated for one and one-half (1%) hours for each additional hour of overtime actually worked.

(1) An employee who has requested the use of earned CT shall be permitted to use such time within a reasonable period after making the request if the use of the CT does not unduly disrupt the operations of the department.

(2) An employee at any time may request an d receive compensation for any CT. Such compensation shall be paid at the regular ra te earned by the employee at the time the employee receives such payment.

6.4 Disaster/Emergency Response. Association pe rsonnel not eligible for overtime will receive compensation for time worked outside their regularly-s cheduled duty, paid at th e rate of one and one- half (1 1/2 ) times their hourly rate, for services rendere d for participating in a disaster/ emergency response, requested by the Office of Emergency Services and assigned by the City Manager, outside the City limits. State or federal reimbursement for these services will revert to the City.

6.5 Administrative Leave (Stand By Pay).

Administrative leave must be used by December 31 of each year, cannot be carried forward to the following year, and cannot be conver ted to cash compensation or PTO. Administrative leave may be taken off, with Department Head or City Manager approva l as appropriate, subj ect to the City and Department needs and scheduling.

Administrative leave is provided to the following Association employees:

Building Official
Code Compliance Manager
Emergency Services Coordinator
Equipment Maintenance Supervisor
Facilities Maintenance Manager
Information Tech Specialist I
Information Tech Specialist II
IT OP & Network Systems Supervisor
Parks Maintenance Supervisor
Principal Engineer
Principal Planner
Public Works Operations Manager
Streets Supervisor
Water/Waste Water Superintendent
Water/Wastewater Supervisor

Administrative leave is provided to Association employees as follows:

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(1) Employees designated by the City Manager will receive up to six (6) days of administrative leave per year for:

a. Required attendance at most regularly scheduled City. Council meetings as recommended by the Department Head to the City Manager.

b. Required attendance at most regularly sc heduled Planning Commission meetings as recommended by the Department Head to the City Manager.

(2) Employees designated by the City Manager wi ll receive six (6) days of administrative leave per year for required standby (on the s cene within forty-five (45) minutes) on a regularly scheduled basis directing the empl oyee to maintain telephone or radio contact with the City:

ARTICLE VII - PART-TIME EMPLOYEES

7.1 Part-time Benefits.

Part-time employees, who work less than half-tim e, shall not receive any Association benefits.

Part-time employees, who work at least half-time, shall receive Association benefits as follows:

a. The following Association benefits are provided on the same basis as is given to a full- time employee:

(1) Retirement (subject to PERS requirements and eligibility) (2) Leave of Absence Without Pay
(3) Non-Occupational Disability Leave
(4) Professional Organizations
(5) Grievance and Disciplinary Appeals Procedure
(6) Deferred Compensation
(7) Optional Work Schedule

b. The following Association benefits are prorated on the basis of the percentage of hours that the employee works compared to a full-time employee:

(1) Personal Time Off
(2) Sick Leave
(3) Health Insurance, Including Dental & Vision
(4) Jury Duty

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(5) Holiday Policy
(6) Retiree Health Insurance Benefits pursuant to the Retiree Health Policy (7) Bereavement Leave

c. The following Association benefits are provided as indicated under the specific benefit:
(1) Administrative Leave
(2) Disability Insurance
(3) Life Insurance
(4) City Vehicles
(5) Educational Reimbursement

ARTICLE VIII – BENEFITS

8.1 Deferred Compensation. The City will provide a City-paid deferred compensation program, which shall be included as "salary" in any compensation review. The rate for City-paid deferred compensation for all employees is set at 2% of monthly salary.

8.2 Medical Examination Reimbursement. The City will reimburse all Association personnel for a medical examination by the physician of their choice, which could include EKG, X-rays, and any such other tests that the employee might elect to have. The reimbursement amount for direct costs incurred shall not exceed $250 per calendar year ($125 for part-time).

8.3 Personal Time Off. The City shall admini ster a Personal Time Off (PTO) PTO program combines earned vacation, management/supervisory leave, and a portion of sick leave benefits.

Association employees will accrue Personal Time Off according to the following table:

Length of
Service
Vacation
Days
Management/
Supervisory
Leave
Sick
Leave
Total
Personal
Time Off
Exempt Employees
1-12 yrs. 20 5 6 31
12 + years 21 5 6 32

OT Eligible Employees
1-3 yrs. 12 0 6 18
4-6 yrs. 15 0 6 21
7-9 yrs. 18 0 6 24
10-12 yrs. 20 0 6 26
12+ yrs. 21 0 6 27

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a. Use of Personal Time Off

(1) Accumulation of Personal Time Off (PTO) shall be limited to an amount equal to the earnings for a twenty-f our (24) month period at the employee's current PTO earning rate. A unit member who has reach ed the maximum accrual shall cease accruing additional PTO until the unit member's leave balance drops below the maximum accrual.

(2) PTO may be used as soon as indicated on the employee's pay stub (but may not be used in advance) and must be appr oved by the employee's supervisor and/or department head;

(3) In the event one or more holidays fall during a period when an _ employee is on PTO, the hour value that is equivalent to the employee's scheduled work period shall not be charged as PTO [i.e, for employees on a regularly scheduled ten (10) hour workday, the hour value shall be ten (10) hours. For employees on a regularly scheduled eight (8) hour wor kday, the hour value shall be eight (8) hours];

(4) PTO (and compensatory time) must be exhausted before a leave of absence without pay will be granted;

(5) When an employee is using PTO and becomes ill or injured, he or she may use sick leave when eligible;

(6) PTO sellback will be as follows:

(A) Can sell accumulated PTO not more than once each quarter.

(B) Must obtain approval of the City Manager for the sellback.

(C) May not sell more than one hundred seventy six (176) hours per calendar year.

(7) Shall be prohibited from selling any PTO if, during the past six (6) months, the employee has received discipline in the form of a suspension without pay, a reduction in salary, or a demotion.

(8) Upon termination of employment, an empl oyee will be paid for the balance of his/her PTO at the rate of one hundred percent ( 100%) of current salary.

Employees are required to use accrued PTO for pre-authorized planned leave.

(9) Existing vacation leave balance of a City employee promoted to an Association position will be transferred to PTO; accrual of additional PTO will begin upon the effective date of the promotion at the appropriate rate for the promoted employee's new classification.

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11 10112083.1 HE040-016
(10) PTO includes the right for an employee to take 8 hours per month to attend parent teacher conferences and other school events.

(11) Employees will be allowed to take up to 40 hours off each calendar year — up to eight hours per month — for school- or dayc are-related activities. This type of leave can be used for a broad range of activities, including to:

 Find or enroll a child in a school or licensed daycare program.  Attend a child's play, awards ceremony, sporting event, graduation or other activity.
 Address emergencies during which a child can't stay in school or daycare—such as a fire, natural disa ster or problem at school. The eight- hour monthly cap doesn't apply to emergencies.

8.4 Sick Leave.

a. Ninety-six (96) hours per year of sick leave will be placed in the employee's Sick Leave account to be used when an employee is ill. Sick leave shall be earned at the rate of eight (8) hours per month and will have no accumulation limitation.

b. Newly-hired Association members shall be given a credit of two hundred and forty hours of sick leave to their Sick Leave account for the first two and one-half (21/2 ) years of service.

Accrual of additional sick leave will commence at the beginning of the 31st month of service.

c. Existing sick leave balance of a City employee promoted to an Association position will be transferred; accrual of additional sick leave time will begi n upon the effective date of the promotion at the appropriate rate for the promoted employee's new classification. d. Sick leave shall be used for illness or injury which causes the employee to be absent from his/her duties,
e. Sick leave may be used for absences from dut y when the employee's presence is needed to attend to the illness of a member of his/her family. The use of sick leave under this subsection shall be limited to one-half (1/2) of annual potential accrual, which is 48 hours for full-time employees in accordance with Labor Code § 233.

f. Reasonable proof of illness may be requested.

g. Personal Time Off shall be applied when all sick leave has been used.

h. The following payoff provision for accumulated Si ck Leave upon retirement or disability, death, or resignation, shall apply:

(1) Twenty-five percent (25%) of all accumulated sick leave after five (5) years of service with the City; payoff shall be prorated upon last five (5) years of service,

(2) Fifty percent (50%) of all accumulated sick l eave after ten (10) years of service with the City; payoff shall be prorated upon last five (5) years of service.

(3) Seventy-five (75%) of all accu mulated sick leave after twen ty (20) years of service with the city; payoff shall be prorated upon last five (5) years of service.

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12 10112083.1 HE040-016

8.5 Holidays.

Association members receive the following paid holidays; a. Designated Date Designated Holiday

1. January 1 New Year’s Day

2. Third Monday in January Martin Luther King, Jr. Observation Day

3. Third Monday in February Washington’s Birthday

4. The last Monday in May Memorial Day

5. July 4 Independence Day

6. The First Monday in September Labor Day

7. November 11 Veterans Day

8. November 25 Thanksgiving

9. November 26 Friday after Thanksgiving

10. ½ Holiday – Day Before Christmas Christmas Eve

11. December 25 Christmas

12. ½ Holiday – Day Before New Year New Year’s Eve

13. Two Floating Holidays At Employee’s discretion, with Supervisor’s approval

In addition to the foregoing holidays and two floating holidays, every employee shall be entitled to accrue ten (10) hours in lieu of Columbus Day. This time shall be placed in the employee's floating holiday time bank upon Council approval of this MOU and at the beginning of each calendar year thereafter, for a total of three floating holidays.

b. Hour Value. The hour value for each holiday shall be equivalent to the employee's scheduled work period, i.e., if the holiday fa lls on a scheduled ten (10) hour work day, the employee's time off is ten (10) hours. If the holiday falls on a scheduled eight (8) hour day, the holiday time off is eight (8) hours, etc.

c. Procedure if Holiday Falls on Saturday or Sunday. For those employees whose normal work week is Monday through Friday, when a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

d. Procedure if Holiday Falls on Regular Day Off. If a holiday occurs on a day which is the full-time employee's regular day off, he/she sh all be entitled to holiday pay at the hour value that is equivalent to the employee's scheduled work period [i.e., for employees on a regularly scheduled ten (10) hour workday, the holiday pay shall be ten (10) hours. For employees on a regularly sche duled eight (8) hour workday, the holiday pay shall be eight (8) hours.]

8.6 Bereavement Leave.

a. Use of Bereavement Leave. Paid Bereavement Leave may be granted to an employee upon the request of the employee, upon the death of any of the following relatives of the

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13 10112083.1 HE040-016
requesting employee: spouse; child, including biological, step, adopted and foster children; parent, including biological, step, a doptive and foster pare nts; parent-in-law; grandparent; sibling; grandchild, includi ng biological, step, adopted and foster grandchildren.

b. Amount of Bereavement Leave: Employees ma y receive up to three (3) days of paid Bereavement Leave based upon the employee's usual work schedule.

8.7 Auto Allowance. Authorization for use of City -owned vehicles shall be pursuant to Resolution Number 3348. The auto allowance amount for all managers receiving an auto allowance shall be equal to five hundred dollars ($500) monthly.

8.8 Jury Duty. An employee on jury duty will rece ive full pay and benefits. Any compensation for such jury duty (except travel pay) shall be returned to the City.

8.9 Bilingual Pay. Effective upon Council approval of the MOU, the City shall establish a bilingual pay for employees called upon to speak a foreign language or American Sign Language translation services in assisting the public during the course and scope of pe rforming assigned duties based on business necessity. The number of members to be eligible shall be determined by the City with approval of the Personnel Officer and Department Director. To receive bilingual pay be nefit an employee must be certified as bilingual on a conversational level by passing an examination established by the Personnel Officer. Any employee expected to employ the bilingual skill shall be gi ven the opportunity to test for certification within thirty (30) calendar days of designation by the Department Director to employ such skill when called upon. It is understood that those receiving bilingual pay compensation may on occasion be required to leave their specific work location to assist othe r non-bilingual employees in serving the public. It is also understood that employees not r eceiving bilingual pay shall not be required to or expected to assist the public on other than an incidental basis. Authorized employees who pass the City's test will receive one hundred dollars (100.00 per month).

8.10 Leave of Absence Without Pay.

a. After all Personal Time Off ("PTO") and compensatory time has been used, the City Manager, upon recommendation of the Departme nt/Division Head, may grant a leave of absence without pay for any employee up to a maximum of sixty (60) calendar days.

Extensions of time beyond the initial sixty (60) calendar days up to one (1) year may also be granted by the City Manager. One (1) extension, fora total of two (2) years from the beginning of the initial sixty (60) days, may be granted. A leave without pay may be granted for any of the following reasons:

(1) To take a course of study which will increase the employee's usefulness on return to his or her position in the City's service; and

(2) For personal reasons acceptable to the Department Head and City Manager.

b. During an approved leave of absence without pay all employee benefits shall cease to be paid by the City. An employee may continue hi s/her health and life insurance benefits at the employee's expense.

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14 10112083.1 HE040-016

8.11 Non-Occupational Di sability Leave.

a. Upon submission of an appr opriate certificate from a li censed medical provider, an employee may be granted non-occupational disa bility leave. The employee utilizing non- occupational disability leave shall utilize all sick leave accredited to him/her and upon the expiration of sick leave shall utilize any accrued annual vacation leave and compensatory time. When all sick leave, annual vacation leave and compensatory time are exhausted, the remainder of the absence required will be on the basis of leave without pay. The leave without pay will constitute a break in continuous service with the City.

b. Non-occupational disability leave shall not extend beyond a maximum period of six (6) months. If additional leave is desired, the employee may request additional leave in accordance with Leave of Absence Without Pa y, Section 8.10. An employee shall not be entitled to more than one (1) such leave pur suant to Section 8.10 per twelve (12) month period.

8.12 Professional Organizations. Asso ciation personnel are encouraged to participate in professional organizations that directly relate to their career objectives and the performance of their responsibilities.

City-sponsored membership in professional organi zations and activities sh all be subject to the constraints of the adopted budget for that department/division.

ARTICLE IX – INSURANCE

9.1 Health Insurance

a. The City shall make available to all eligible employees and their dependents medical plans through commercial carriers offering at least one HMO and one PPO option. The City shall also make available self-funded dental and visi on plans. Benefit deta ils are available in benefit plan documents, which the City will distribute to all employees during open enrollment. Additional information can be requested from Human Resources.

b. Effective the first month after Council approval of this MOU, the City will contribute the sum of one thousand one hundred dollars ( $1,100.00) per month, per employee, towards the cost of health insurance, referred to as the City's maximum liability for medical coverage. The City will contribute 100% of the cost per month, per employee in paid status, toward the cost of dental and vision plans for such employee and his/her dependents.

c. In the event any of the plans contracted for and made available by the City to employees and their dependents as mentioned above should be terminated by the provider at no fault of the City, City agrees to meet and confer with Association regarding the affected health insurance issue. City agrees to notify Association if it changes insurance broker.

d. The parties agree to re-open to discuss an a dditional City contributi on to medical if the overall premiums increase by more than 8% in plan year 2022 or 2023.

9.2 Disability Insurance. On behalf of each employ ee, the City shall contribute an amount equal to the premium on a long-term disability plan. The plan shall provide coverage equal to sixty percent (60%) of total salary, with a maximum monthly benef it of eleven thousand five hundred dollars ($11,500),

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15 10112083.1 HE040-016
after a thirty (30) day waiting period. In no case sh all the policy require sick leave to be drawn beyond the initial thirty (30) day period.

9.3 Life Insurance.

a. For employees hired on or before Decembe r 3, 1996, the City will provide a term life insurance policy in the amount of one hundred thousand dollars ($100,000.00) for all employees covered by this MOU.

b. For employees hired after December 3, 1996, the City will provide a term life insurance policy in the amount of fifty thousand dolla rs ($50,000.00) for all employees covered by this MOU.

ARTICLE X - RETIREMENT

10.1 Retirement

a. Retirement Plans. The City will provide reti rement plans with the California Public Employees Retirement System ("CalPERS") as follows:

1. TIER I - For unit members hired prior to July 1, 2011, such plan shall be 2.7% at fifty- five (55) and the "single highest year" amendment, 1959 Survivor Benefits, Level 4, Post-Retirement Survivor Allowance, and Military Service Credit.

2. TIER II - For unit members hired from July 1, 2011 through December 31, 2012, or those hired thereafter who are CaIPERS "Classic" members, such plan shall be 2.5% at fifty-five (55) and the "single highest year" amendment, 1959 Survivor Benefits, Level 4, Post-Retirement Survivor Allowance, and Military Service Credit.

3. TIER III - For unit members hired on or after January 1, 2013, who are not CalPERS "Classic" members and are not eligible for reciprocity, such plan shall be 2% at sixty- two (62) and the "highest consecutive three year average" amendment.

b. Purchase Military Service Credit. City shall continue its contract with CaIPERS to allow employees to purchase, at their own expense, up to four (4) years of military service credit in accordance with applicable PERS law.

c. Employee Contributions. Association members in retirement Tiers I and II shall pay the full employee share of contribution (EPMC), but not to exceed eight percent (8%), to their respective retirement plans.

Association members in retirement Tier III shall pay at least fifty percent (50%) of the total normal cost:

d. Part-Time Retirement Benefits. Entitlement to the Public Employees Retirement System for part-time employees shall be determined in accordance with applicable State law.

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16 10112083.1 HE040-016

10.2 Retiree Health Insurance.

a. Association employees hired before January 1, 1998: For employees hired before January 1, 1998, the City will provide retiree health insurance benefits pursuant to Resolution Numbers 4198, 4190, 3349, 3317, and 3209.

b. For employees not eligible for City paid re tiree medical insurance per section 10.2a, the City will contribute one hundred dollars ($100.00) per month to a 401(a) deferred compensation plan established for each employee.

ARTICLE XI - EDUCATIONAL REIMBURSEMENT

11.1 Educational Reimbursement.

Full-time, regular Association employees shal l qualify for participation in the tuition reimbursement program. The program covers cour ses taken at accredited colleges, accredited universities, correspondence courses and other institutions. Reimbursement will be subject to the following:

a. The course elected must be of benefit to the City and directly related to the employee's current duties or future employment with th e City. Courses taken to satisfy a degree requirement may be approved, provided that th e degree goal is in the field of current employment of the employee or future employment with the City.

b. Each employee must attend on his/her own time and complete the course satisfactorily with a passing grade of "C" or its numerical equivalent, or a "pass" or "credit" for the class.

c. Such reimbursement shall include tuition, n ecessary books and park ing fees used to complete course requirements and parking fees, but shall not in clude travel time, mileage, or other miscellaneous costs.

d. Upon completion of the course, the employee shall attach the grade report along with receipts for eligible reimbursements to hi s/her approved application for educational assistance and present it to his/her Depa rtment Head. The Department Head will forward the records of completion to the Human Resources department.

e. Reimbursement is limited to two thousand dollars ($2,000.00) per calendar year.

f. Should the employee leave City service within one year after completion of a course paid for by the City, the costs of such course will be deducted from the employee's last paycheck. If the employee's last paycheck is insufficient to repay the costs of such course(s), the employee will be required to make appropriate arrangements, including a promissory note, to repay the balance within one (1) year of leaving City service. The City Manager may alter the above requirement in unusual circumstances.

g. Association employees may request prepayment or reimbursement of costs required for the course. Failure to present proper proof of completion will cause the amount of

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17 10112083.1 HE040-016
prepayment to be deducted from successive paychecks, not to exceed $50 per pay period, except in the case of a unit member who termin ates, in which case the total amount shall be deducted from monies due and owing the unit member.

h. Effective upon Council approval of the MOU, the City shall provide reimbursement pursuant to the guidelines out lined in the Tuition Reimbursement program. If an employee attains a degree in a subject relate d to his/her current job, provided that it exceeds the minimum requirement for the job held, the employee shall receive a one- time payment of $400.00 for an Associate level degree and $600.00 for a Bachelor's Degree. Request for payment shall be submitted within ninety (90) days of receiving degree.

ARTICLE XII - WORK SCHEDULE

12.1 Work Schedule. All employees shall work a "4/10" alternative work schedule, comprising eight (8), ten (10) hour days in the pay period. City may adjust employe e work days to provide coverage for all days of the week based on business need, while maintaining a 4/10 work schedule.

12.2 Limited Reopener. In the event the City reaches an ag reement with SEIU for a 9/80 work schedule during the term of this MOU, the Association agrees to a limited reopener on the issue of work schedules of all Association employees and agrees to meet and confer on the issue of work schedules to completion during the term of the MOU.

ARTICLE XIII - LAYOFFS

13.1 Order of Layoff.

The following order of layoff for empl oyees in an affected classifica tion, in an affected Department, shall be instituted prior to layoff of regular status employees:
a. Contract employees; temporary part-time employees;
b. Temporary full-time employees
c. Probationary employees; and
d. Regular part-time employees

13.2 Seniority. When the City orde rs a reduction in the work force, the layoff of regular status employees shall be first based upon seniority with in the affected classifi cation in the affected Department and secondly, based upon seniority in total service with the City.

13.3 Ties in Seniority. Regular status employees in the same Department with equal time in a classification and total service in the City shall be laid off based upon past performance evaluations.

13.4 Voluntary Demotion. A regular st atus employee who is subject to layoff may, in lieu of layoff, choose a demotion to a lower classification in the same Department, provided he/she gives written notice to his/her Department Head ten (10) calendar days after receiving notice of layoff. In addition, a regular

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18 10112083.1 HE040-016
status employee must have previously served in the lower classification and must have seniority in that classification over the regular status employee bei ng displaced within the sa me Department. Regular employees who elect to demote under this provisi on shall be placed on the step nearest their present salary within the range of classification to which they are demoting, provided such step shall not exceed present salary.

13.5 Notice. The City shall give, or send by regular and certified U.S. mail to the last known address of affected employees, written notice of layoff at least fourteen (14) calendar days prior to the effective date of the layoff. Notice is not affected by failure of the employee to return receipt for certified mail Under emergency circumstances, the notice period may be shortened.

13.6 Reemployment. Regular status employees laid off or taking voluntary demotion in service shall be reemployed in the inverse order of their layoff or demotion. Regular status employees laid off or taking a voluntary demotion in rank shall be maintained on the reem ployment list until such employee refuses to accept reinstatement or for two years, whichever occurs first. The seniority date of the returning employee, after re signation or termination, shall be the first working day after the break in service. Employees who have been laid off and are reinstated within the two-year period will retain their original seniority date.

13.7 Separation Pay. A regular status employee who is subject to layoff shall receive separation pay in the amount of two (2) weeks salary at the employee's then current salary.

ARTICLE XIV - GRIEVANCE PROCEDURE

The provisions of Article XIX, paragraphs 19.2 th rough 19.6, of the City of Hemet Personnel Rules ("Personnel Rules') shall apply to complaints regarding the alleged interpretation or interpretation of this MOU, the Personnel Rules, City's Municipal Code, Resolutions, Department Policy and Regulations.

ARTICLE XV - DISCIPLINE

The provisions of Article XVIII, pa ragraphs 18.2 through 18.12, of the Personnel Ru les shall apply to disciplinary actions against employees.

ARTICLE XVI - RULES AND REGULATIONS

16.1 The City shall have the right to issue reasonable employee rules and regulations not in conflict with the express terms of this MOU, provided that such rules and regulations are:

a. Discussed with the Union prior to adoption;

b. Submitted to the Union prior to adoption; and

c. Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to their implementation.

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19 10112083.1 HE040-016

ARTICLE XVII - COMPLETION OF MEET & CONFER

17.1 It is intended that this Ag reement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any othe r prior or existing understanding or agreements by the parties, whether formal or informal, regarding su ch matters are hereby superseded or terminated in their entirety.

17.2 Except as specifically provided in this MOU, the parties agree that neither the City nor the Association shall be required to meet and confer on any subject during the term of this Agreement.

17.3 Any agreement, alteration, understanding, variati on, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council.

17.4 The waiver of any breach, term, or conditio n of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provision.

ARTICLE XVIII - SAVINGS CLAUSE

18.1 Should any provision of this Memorandum of Understanding, or any application thereof, be unlawful by virtue of any federal, state or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision.

But in all other respects, the provisions of this MOU sh all continue in full force and effect for the term thereof.

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20 10112083.1 HE040-016

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF HEMET AND
THE HEMET MID-MANAGERS ASSOCIATION (“HMMA”)
July 1, 20122 through June 30, 2024

HMMA CITY OF HEMET
Jeffrey Natke, Chief Negotiator Eddie J. Pust, Acting City Manager Gregg Holyoak, HMMA President Melanie L. Chaney, Chief Negotiator Daniel Cortese, HMMA Secretary Lorena Rocha, Finance Director Martha Martinez, HMMA
Treasurer Norma C. Rangel, Human Resources Manager
APPROVED AS TO FORM:

Steven Graham, City Attorney
Dated:______________________________
ATTEST:

John Maier, City Clerk

15.I

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 28 2022
Department: Fire Department
Submitted by: Eddie Pust, Acting City Manager
Kevin Kuhlman, Fire Battalion Chief;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Waiving the Procurement Requirements Set Forth in Section 2-331(h) of the Procurement Ordinance and Awarding the Purchase of (1) 2022 Ford F150 to Gosch Ford in the Amount of $50,817.56, a nd Authorizing the City Manager to Execute All Documents Related to the Purchase

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Waiving the Procurement Requirements Set Forth in Section 2-331(h) of the Procurement Ordinance and Awarding the Purchase of (1) 2022 Ford F150 to Gosch Ford in the Amount of $50,817.56, and Authorizing the City Manager to Execute All Documents Related to the Purchase.

BACKGROUND:

The Hemet Fire Department has operated without a full -time Fire Prevention Officer for numerous years. During this time the department has contracted Fire Prevention, plan review, and inspection services to an outside agency. Although this contract assures that state-mandated inspection, as well as plan reviews for new construction, are completed, the department fails in maintaining a full -service Fire Prevention Bureau which diminishes the ability of the Fire Department to become proactive in Community Risk Reduction.

Beginning in March of 2022, this failure point in the department was corrected with the hiring of a full - time Fire Prevention Officer. With this hiring, an adequate vehicle is needed for reliable transportation in and around the city, as well as the ability to display to the citizens of the City of Hemet what their respective tax dollars are being used for. In FY22/23, the approval of an additional position in the Fire Prevention Bureau requires the department to purchase a second vehicle for transport while on duty.

ANALYSIS:

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Prior to the reinstatement of the Fire Prevention Officer, there was no departmental need for any additional vehicles for staff personnel to operate in this position. The contracting agency for inspections and plan review would provide their own vehicles. The Fire Department does not currently keep an inventory of vehicles that can be assigned when expansion occurs within the organization, thus requiring the purchase of new vehicles.

The purchase of the vehicle detailed in this staff report will add capa city to the department's current fleet and meet the Strategic Plan goals such as Quality of Life, Community Engagement, Partnership and Collaboration, and Organizational Effectiveness

DISCUSSION:

With the national shortage of both new and used vehicle i nventory, it was difficult to locate the vehicle that was requested for this purchase. Staff spent numerous hours calling several Ford dealers across the state. After reaching out to almost all California dealers, the staff was successful in locating a vehicle from a local dealer, Gosch Ford.

Staff believes it is in the City's best interest to have City Council waive the procurement guidelines due to the lack of inventory with new vehicles nationwide, without which purchase would not be possible.

PREVIOUS COUNCIL ACTION:

This vehicle purchase is made possible with the Adoption of Ordinance 1999. This Ordinance of the City Council of the City of Hemet, California was approved at the City Council meeting on June 14th, 2022.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

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

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

Objective 3: Develop programs to offer support to the community's businesses

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 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

There is no additional General Fund impact. Funding for this project has been identified from account #110-3225-5400 and is in the form of salary savings from the approved budget for EMS Operations in FY 21/22.

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The total cost of this purchase is $50,817.56. The breakdown is as follows:

(1) 2022 Ford F150 Stock # F-22522 $ 45,890.00 (1) Doc Fee $ 85.00 (1) Other fee $ 200.00 (1) Cal Tire Fee $ 8.75 (1) TT&L $ 4,633.81

Total: 50,817.56

ATTACHMENT(S):

Gosch Ford F150 Stock# F-22522
Attachment 2-2022 Ford F150 Resolution STK_F22522

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City of Hemet Resolution No. 2022-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX

A RESOLUTION OF THE

CITY COUNCIL OF THE

CITY OF HEMET,

CALIFORNIA, WAIVING

THE PROCUREMENT

REQUIREMENTS SET
FORTH IN SECTION 2-
331(H) OF THRE

PROCUREMENT

ORDINANCE AND

AWARDING THE
PURCHASE OF (1) 2022
Ford F150 TO GOSCH

FORD IN THE AMOUNT OF
$50,817.56 AND

AUTHORIZING THE CITY

MANAGER TO EXECUTE

ALL DOCUMENTS

REGARDING THE
PURCHASE.

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

WHEREAS, The Hemet Fire Department has operated
without a full-time Fire Prevention officer for numerous years. During this time the department has contracted
Fire Prevention, plan review and inspection services to an outside agency. Although this contract assures that

15.J

City of Hemet Resolution No. 2022-xxx
state mandated inspections, as well as plan reviews for new construction are completed, the department fails in maintaining a full-service Fire Prevention Bureau as
well as diminishes the ability for the Fire Department to become proactive in Community Risk Reduction.

Beginning in March of 2022, this failure point in the
department was corrected with the hiring of a full time Fire Prevention Officer. With this hiring, an adequate
vehicle is needed for reliable transportation in and
around the city, as well as the ability to display to the citizens of the City of Hemet what their respective tax dollars are paying being used for. In FY22/23, the
approval of an additional position in the Fire Prevention Bureau requires the department to purchase a second
vehicle for transport while on duty.

WHEREAS, the Hemet Fire Department is fulfilling a
portion of the City of Hemet Strategic Plan in the
improvement of Organizational Effectiveness and
Increasing Public Safety visibility and response. Along with developing programs to offer support to the
community’s businesses and streamline Fire Prevention
coordination efforts

15.J

City of Hemet Resolution No. 2022-xxx
WHEREAS, the purchase of the vehicle detailed in this
staff report will add capacity to our current fleet and meet the Strategic Plan goals such as Quality of Life,
Community Engagement, Partnership and
Collaboration, and Organizational Effectiveness, and:

WHEREAS, with the national shortage of both new and
used vehicle inventory, it was difficult to locate the
vehicle that was requested for this purchase. Staff
spent numerous hours calling several Ford dealers
across the state. After reaching out to almost all
California dealers, staff was successful in locating a
vehicle from a local dealer, Gosch Ford.

WHEREAS, Staff believes it is in the City's best interest to have City Council waive the procurement guidelines
due to the lack of inventory with new vehicles
nationwide, without which purchase would not be
possible.

NOW, THEREFORE, the City Council and the City of
Hemet does herby resolve

1. The City Council waive the procurement
requirements set forth in Section 2-

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City of Hemet Resolution No. 2022-xxx
331(h) of the procurement ordinance
and;

2. The City Council of the City of Hemet,
California, award the purchase of (1)
2022 Ford F150 to Gosch Ford in the
amount of $50,817.56, and authorize
the City Manager to Execute all
Documents Related to the Purchase.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.J

City of Hemet Resolution No. 2022-xxx

15.J

15.J

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 28 2022
Department: Fire Department
Submitted by: Eddie Pust, Acting City Manager
Kevin Kuhlman, Fire Battalion Chief;

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

TITLE:

A Resolution of the City Council of the City of Hemet California, Waiving the Procurement Requirements set Forth in Section 2 -331(h) of the Procurement Ordinance and Awarding the Purchase of (1) 2022 Ford F150 to Gosch Ford in the Amount of $52,318.19, an d Authorizing the City Manager to Execute All Documents Related to this Purchase

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet California, Waiving the Procurement Requirements set Forth in Section 2-331(h) of the Procurement Ordinance and Awarding the Purchase of (1) 2022 Ford F150 to Gosch Ford in the Amount of $52,318.19, and Authorizing the City Manager to Execute All Documents Related to this Purchase.

BACKGROUND:

The Hemet Fire Department has operated without a full -time Fire Prevention Officer for numerous years. During this time, the department has contracted Fire Prevention, plan review, and inspection services to an outside agency. Although this contract assures that state-mandated inspections, as well as plan reviews for new construction, are completed, the department fails to maintain a full-service Fire Prevention Bureau which diminishes the ability of the Fire Department to become proactive in Community Risk Reduction. Beginning in March of 2022, this failure point in the department was corrected with the hiring of a full -time Fire Prevention Officer. With this hiring, an adequate vehicle is needed for reliable transportation in and around the city, as well as the ability to display to the citizens of the City of Hemet what their respective tax dollars are being used for. In FY22/23, the approval of an additional position in the Fire Prevention Bureau requires the department to purchase a second vehicle for transport while on duty.

ANALYSIS:

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Prior to the reinstatement of the Fire Prevention Officer, there was no departmental need for any additional vehicles for staff personnel to operate in this position. The contracting agency for inspections and plan review would provide their own vehicles. The Fire Department does not currently keep an inventory of vehicles that can be assigned when expansion occurs within the organization, thus requiring the purchase of new vehicles.

The purchase of these vehicles detailed in this staff report will add capacity to the department's current fleet and meet the Strategic Plan goals such as Quality of Life, Community Engagement, Partnership and Collaboration, and Organizational Effectiveness.

DISCUSSION:

With the national shortage of both new and used vehicle inventory, it was difficult to locate the vehicle that was requested for this purchase. Staff spent numerous hours calling several Ford dealers across the state. After reaching out to almost all California dealers, staff was successful in locating a v ehicle from a local dealer, Gosch Ford.

Staff believes it is in the City's best interest to have City Council waive the procurement guidelines due to the lack of inventory with new vehicles nationwide, without which purchase would not be possible.

PREVIOUS COUNCIL ACTION:

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

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

FISCAL IMPACT:

There is no additional General Fund impact. Funding for this project has been identified from account #110-3225-5400 and is in the form of salary savings from the approved budget for EMS Operations in FY 21/22.

The total cost of this purchase is $52,318.19. The break down is as follows:

(1) 2022 Ford F150 Stock # F-22457 $ 47,280.00 (1) Doc Fee $ 85.00 (1) Other fee $ 180.00 (1) Cal Tire Fee $ 8.75 (1) TT&L $ 4,764.44

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Total: 52, 318.19

ATTACHMENT(S):

Ford F150 GOSCH Stock# 22457
Attachment 2-2022 Ford F150 Resolution STK_F22457
Attachment 2-2022 Ford F150 Resolution STK_F22457

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City of Hemet Resolution No. 2022-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX

A RESOLUTION OF THE

CITY COUNCIL OF THE

CITY OF HEMET,

CALIFORNIA, WAIVING

THE PROCUREMENT

REQUIREMENTS SET
FORTH IN SECTION 2-
331(H) OF THRE

PROCUREMENT

ORDINANCE AND

AWARDING THE
PURCHASE OF (1) 2022
Ford F150 TO GOSCH

FORD IN THE AMOUNT OF
$52,318.19 AND

AUTHORIZING THE CITY

MANAGER TO EXECUTE

ALL DOCUMENTS

REGARDING THE
PURCHASE.

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

WHEREAS, The Hemet Fire Department has operated
without a full-time Fire Prevention officer for numerous years. During this time the department has contracted
Fire Prevention, plan review and inspection services to an outside agency. Although this contract assures that

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City of Hemet Resolution No. 2022-xxx
state mandated inspections, as well as plan reviews for new construction are completed, the department fails in maintaining a full-service Fire Prevention Bureau as
well as diminishes the ability for the Fire Department to become proactive in Community Risk Reduction.

Beginning in March of 2022, this failure point in the
department was corrected with the hiring of a full time Fire Prevention Officer. With this hiring, an adequate
vehicle is needed for reliable transportation in and
around the city, as well as the ability to display to the citizens of the City of Hemet what their respective tax dollars are paying being used for. In FY22/23, the
approval of an additional position in the Fire Prevention Bureau requires the department to purchase a second
vehicle for transport while on duty.

WHEREAS, the Hemet Fire Department is fulfilling a
portion of the City of Hemet Strategic Plan in the
improvement of Organizational Effectiveness and
Increasing Public Safety visibility and response. Along with developing programs to offer support to the
community’s businesses and streamline Fire Prevention
coordination efforts

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City of Hemet Resolution No. 2022-xxx
WHEREAS, the purchase of this vehicle detailed in this
staff report will add capacity to our current fleet and meet the Strategic Plan goals such as Quality of Life,
Community Engagement, Partnership and
Collaboration, and Organizational Effectiveness, and:

WHEREAS, with the national shortage of both new and
used vehicle inventory, it was difficult to locate the
vehicle that was requested for this purchase. Staff
spent numerous hours calling several Ford dealers
across the state. After reaching out to almost all
California dealers, staff was successful in locating a
vehicle from a local dealer, Gosch Ford.

WHEREAS, Staff believes it is in the City's best interest to have City Council waive the procurement guidelines
due to the lack of inventory with new vehicles
nationwide, without which purchase would not be
possible.

NOW, THEREFORE, the City Council and the City of
Hemet does herby resolve

1. The City Council waive the procurement
requirements set forth in Section 2-

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City of Hemet Resolution No. 2022-xxx
331(h) of the procurement ordinance
and;

2. The City Council of the City of Hemet,
California, award the purchase of (1)
2022 Ford F150 to Gosch Ford in the
amount of $52,318.19, and authorize
the City Manager to Execute all
Documents Related to the Purchase.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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City of Hemet Resolution No. 2022-xxx

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City of Hemet Resolution No. 2022-XXX

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022- XXXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, WAIVING THE

PROCUREMENT REQUIREMENTS SET FORTH IN
SECTION 2-221(H) OF THRE PROCUREMENT
ORDINANCE AND AWARD THE PURCHASE OF (1)
2022 Ford F150 TO GOSCH FORD IN THE AMOUNT
OF $52,318.19 AND AUTHORIZE THE CITY MANAGER

TO EXECUTE ALL DOCUMENTS REGARDING THE
PURCHASE.

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

WHEREAS, The Hemet Fire Department has operated without a full-time Fire Prevention officer for numerous years. During this time the department has contracted Fire Prevention, plan review and inspection services to an outside agency.

Although this contract assures that state mandated inspections, as well as plan reviews for new construction are completed, the department fails in maintaining a full- service Fire Prevention Bureau as well as diminishes the ability for the Fire Department to become proactive in Community Risk Reduction. Beginning in March of 2022, this failure point in the department was corrected with the hiring of a full time Fire Prevention Officer. With this hiring, an adequate vehicle is needed for reliable transportation in and around the city, as well as the ability to display to the citizens of the City of Hemet what their respective tax dollars are paying being used for. In

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City of Hemet Resolution No. 2022-XXX
FY22/23, the approval of an additional position in the Fire Prevention Bureau requires the department to purchase a second vehicle for transport while on duty.

WHEREAS, the Hemet Fire Department is fulfilling a portion of the City of Hemet Strategic Plan in the improvement of Organizational Effectiveness and Increasing Public Safety visibility and response. Along with developing programs to offer support to the community’s businesses and streamline Fire Prevention coordination efforts WHEREAS, the purchase of this vehicle detailed in this staff report will add capacity to our current fleet and meet the Strategic Plan goals such as Quality of Life, Community Engagement, Partnership and Collaboration, and Organizational Effectiveness, and:

WHEREAS, the national shortage of both new and used vehicle inventory, it was difficult to locate the vehicle that was requested for this purchase. Staff spent numerous hours calling several Ford dealers across the state. After reaching out to almost all California dealers, staff was successful in locating a vehicle from a local dealer, Gosch Ford.

WHEREAS, Staff believes this is in the city's best interest due to the lack of inventory with new vehicles nationwide to have city council approve waiving the procurement guidelines, without which purchase would not be possible.

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City of Hemet Resolution No. 2022-XXX

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.

1. The City Council approves the purchase of (1) 2022 Ford F150 to Gosch Ford in the amount of $52,318.19.

2. The City Council authorizes the City Manager to execute all documents necessary to effectuate the purpose of this Resolution.

3. The City Council, by a four-fifths vote, waives the procurement requirements of the Hemet Municipal Code as it is in the City’s best interest to procure the vehicle referenced above in a timely manner. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 28 2022
Department: Human Resources
Submitted by: Eddie Pust, Acting City Manager
Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution Relating to Salary Ranges and Benefits for the Management/Confidential Group, Establishing Policy with Respect to the Requirements, Responsibilities and Conditions of Employment of the Management/Confidential Group of the City of Hemet, Repealing Resolution No. 2021-024, and authorize the Finance Director to record a supplemental appropriation in the amount of $100,000 for FY 2022-2023 in support of the Resolution

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Adopt a Resolution Relating to Salary Ranges and Benefits for the Management/Confidential Group, Establishing Policy with Respect to the Requirements, Responsibilities and Conditions of Employment of the Management/Confidential Group of the City of Hemet,

2. Repeal Resolution No. 2021-024, and

3. Authorize the Finance Director to record a supplemental appropriation in the amount of $100,000 for FY 2022-2023 in support of the Resolution.

BACKGROUND:

In an effort to remain proactive and up-to-date, the current Confidential Personnel group and resolution is being renamed to the Management/Confidential Group to more accurately reflect the positions included under this resolution. All current positions under the Confidential Personnel Resolution will remain under the new Management/Confidential Resolution. The addition of “management” to the title allows for more inclusivity and flexibility in determining the placement of eligible positions within the group. As defined by the resolution, Management/Confidential employees are those who are under the direction of the City Manager to promote the goals and objectives of the City Council. Lastly, for positions which do not fall under a “confidential” designation, but also may not appropriately be classified as a represented position, those positions would be designated as Management/Confidential to clearly define the salary and benefits of the position.

ANALYSIS:

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The information below provides the proposed revisions contained within the Resolution:

Salaries:
• Effective first full pay period after July 1, 2022, all group members shall be granted a 5% salary increase.
• Effective first full pay period after July 1, 2023, all group members shall be granted a 3% salary increase.

Covid-19 "Essential Worker" Premium Pay Stipend:

• Represented unit members who performed at least 1,000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:
o $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.
• Represented unit members who performed less than 1,000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed on the dates payment is made, shall receive payment as follows:
o A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.

One-Time Bonus:

• Represented unit members who worked at least 1,000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend listed above, and who are employed on the date payment is made, shall receive payment as follows:
o A $10,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.
• Represented unit members who worked less than 1,000 hours between March 16, 2020 and March 15, 2021, but are not eligible for th e “Essential Worker” Premium Pay Stipend listed above, and who are employed on the date payment is made, shall receive payments as follows:
o A $5,000 non-PERSable lump sum payment to be made in the first full pay period after Council approval of the MOU.

Longevity (New Benefit):

• Effective the second full pay period after City Council approval of this MOU, all unit members with fifteen (15) years of City service shall be paid a stipend of $150 per month. • Effective the second full pay period after City C ouncil approval of this MOU, all unit members with twenty (20) years of City service shall be paid an additional stipend of $150 per month

Additionally, the following minor revisions were included: language cleanup to clarify existing language and remove obsolete language, include uniform language referring to Management/Confidential Group throughout the text, and holiday language was clarified to read as accrual of holiday hours according to work schedule. All other terms and conditions of employment s hall remain unchanged under this Resolution.

STRATEGIC PLAN INTEGRATION:

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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 4: Increase employee retention by training and creating a positive workplace.

FISCAL IMPACT:

The annual costs of the Management/Confidential Resolution are:

Fiscal Year ARPA Funding General Fund Non-General Funds 2022-2023 $40,000 $133,400 $21,300
2023-2024 $00 $118,300 $34,500
Totals: $40,000 $251,700 $55,800
Staff requests that Council authorize the Finance Director to record a supplemental appropriation in the amount of $100,000 for FY2022-2023 for the Essential Worker Premium Stipend and One-Time Bonus as follows:

$40,000 from ARPA Funds
$60,000 from General Fund Balance

These amounts are included in the table above. The balance of the costs for FY2022-2023, or $94,700 has been included in the annual budget document approved by Council on June 14, 2022.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Confidential Group Resolution Revised June 2022

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, RELATING TO SALARY

RANGES AND BENEFITS FOR THE

MANAGEMENT/CONFIDENTIAL GROUP,

ESTABLISHING POLICY WITH RESPECT TO THE

REQUIREMENTS, RESPONSIB ILITIES, DESIGNATION

AND CONDITIONS OF EMPLOYMENT OF
“MANAGEMENT/CONFIDENTIAL GROUP" OF THE
CITY OF HEMET, AND REPEALING RESOLUTION NO.
2021-024
WHEREAS, in the organizational st ructure of any organization involving the chain of responsibility and authority, it is desirable to establish and define the limits of the Management/Confidential Group; and
WHEREAS, it is agreeable and des irable to define the
Management/Confidential Group and the responsibilities of such group as well as the benefits to be derived by personnel designated as "Management/Confidential;" and WHEREAS, this Resolution shall remain in effect until superseded by a subsequent resolution concerning this matter; and
WHEREAS, it is the intent of this Resolu tion to set forth and clarify certain practices and procedures with regard to administration and nothing contained herein shall be deemed to supersede the City's Merit Personnel System, including personnel ordinances and resolutions, unless otherwise specifically addressed herein.

WHEREAS, the City desires to amend the Fiscal Year 2022/2023 Budget in support of this Agreement with the Manage ment/Confidential Group as summarized in Exhibit A.

NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Hemet affirms that:

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2 SECTION 1. Designated Classifications.

The following positions are designated as classifications subject to the conditions set forth in this Resolution.

Management/Confidential Positions
Accounting
Manager
Accounting Supervisor
Assistant to the City Manager
Deputy City Clerk*
Executive Analyst in the City Mgr. Office
Executive Assistant in the City Mgr. Office*
Human Resources Analyst
Human Resources Manager
Human Resources Coordinator*
Human Resources Technician*
Management Analyst
Payroll/Human Resources Specialist*
Payroll Technician*
Police Personnel & Training Coordinator*
Principal Accountant
Sr. Human Resources Technician*
Note: Employees with an asterisk (*) are not exempt and entitled to overtime.

SECTION 2. Periodic Review of Management Resolution.

The City Council reserves the right and discretion to review and amend this Resolution as it deems necessary.

SECTION 3. Repeal of Resolution
Resolution No.2021-024 is hereby repealed.

SECTION 4. Purpose.

A. The purpose of establishing a Management/Confidential Group is as follows: To create a Gr oup under the direction of the City Manager to promote the goals and objectives of the City Council.

B. To establish a system of compens ation for management/confidential personnel with competitive salary and benefit levels in the labor market.

C. To distinguish management/confi dential positions and responsibility from classified employees.

D. To promote harmony th rough identification of a
management/confidential group with common goals and
responsibilities.

E. To offer the highest possibl e caliber of public servants.

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3 F. To maintain an appropriate sepa ration between the administration and political body of the City.

G. To promote harmony and confidentia lity in bargaining with labor groups.

SECTION 5. Participative Team Concept.

A. Open communication among manage ment/confidential personnel members.

B. Responsibility to participate in the ongoing decision making process.

C. Employees shall have a respons ibility to promote a harmonious approach to problem solving and impl ementation of City Council goals and share in the responsibility of the decision making process.

D. Employees are expected to fulfill their responsib ilities in administrative decisions and assignments and to respond to emergency situations.

E. Employees are expected to devote as much time as is necessary to perform their particular duties r egardless of emergencies, work stoppage, or the normal work demands of the City.

SECTION 6. Philosophy of Compensation.

The City of Hemet recognizes that it competes in a marketplace to obtain qualified personnel to perform and provide m unicipal services. It further recognizes that compensation and conditions of employment must be sufficiently attractive to draw and retain qualified employees. T herefore, the City will compensate its management/confidential group employees with wages and benefits competitive within the labor market and commensurate with satisfactory performance of the employee.

SECTION 7. Salary Increases, Salary Ranges, and Merit/Performance Reviews.

A. Salary Increases.

1. Effective first full pay period afte r July 1, 2022, all group members shall be granted a 5% salary increase.

2. Effective first full pay period afte r July 1, 2023, all group members shall be granted a 3% salary increase.

B. Salary Ranges.

1. Each budgeted job classification covered by this Resolution shall have a salary range as approved by the City Council in the annual operating budget.

2. Each such classification salary range shall have seven (7) steps consisting of five percent (5 %) increments, unless otherwise specified.

C. COVID-19 “Essential Worker” Pr emium Pay Stipend/One-Time Bonus.

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4 1. Covid-19 “Essential Work er” Premium Pay Stipend
Represented unit members who perfo rmed at least 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed by the City on the date pay ment is made, shall receive payment as follows:

A $10,000 non-PERSable lump sum pay ment to be made in the first full pay period after Council approval of this MOU.

Represented unit members who performed less than 1000 hours of “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and March 15, 2021, and who are employed by the City on the date payment is made, shall receive payment as follows:

A $5,000 non-PERSable lump sum pay ment to be made in the first full pay period after Council approval of this MOU.

2. One-Time Bonus.

Represented unit members who wo rked at least 1000 hours between March 16, 2020 and March 15, 2021, but are not eligible for the “Essential Worker” Premium Pay Stipend in Section 7.C.1 above, and who are employed by th e City on the date payment is made, shall receive payment as follows:

A $10,000 non-PERSable lump sum pay ment to be made in the first full pay period after Council approval of this MOU.

Represented unit members who wo rked less than 1000 hours between March 16, 2020 and March 15, 2021 but are not eligible for the “Essential Worker” Premium Pay Stipend in Section 7.C.1 above, and who are employed by th e City on the date payment is made, shall receive payments as follows:

A $5,000 non-PERSable lump sum pay ment to be made in the first full pay period after Council approval of this MOU.

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5 D. Longevity.

1. Effective the second full pay period after City Council approval of this MOU, all unit members with fi fteen (15) years of City service shall be paid a stipend of $150 per month.

2. Effective the second full pay period after City Council approval of this MOU, all unit members with tw enty (20) years of City service shall be paid an additional stipend of $150 per month.

E. Merit/Performance Review.

1. Upon hire, the employee shall be paid a s alary for six (6) months from the date of hire, based upon the established range for that position. At the end of the six (6) months the employee may become eligible for a merit increase. Thereafter, all future merit increases shall occur twelve (12) months from the date of the first merit increase.

2. The City Manager, upon recommendation of the
Department/Division Head, shall have the authority to advance an individual within a range a maximum of five percent (5%) for merit purposes. This advancement may occur at the end of the initial six (6) months after the date of hire, or anytime thereafter.

3. Salary appointment should be made at the first step of the salary range for the particular classifica tion in which the appointment is made. The City Manager, upon recommendation of the
Department/Division Head, shall have the authority to appoint to a higher step of the salary range if recruitment circumstances warrant.

4. Advancement within a salary range shall be authorized only after the affirmative action of the Cit y Manager. Such action shall be based only on satisfactory job performance.

5. All performance evaluations shall be confidential.

6. As directed by the City Manager , sufficient instruction will be made available to pertinent personnel on the subject of performance evaluation.

SECTION 8. Management/Confidential Personnel Compensation Review Procedures.

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6 A. Policy Concerning Compens ation Review Procedures.

1. Compensation and increases ther eof, if any, are a matter within the sole discretion of the Cit y Council. The Cit y Council, in keeping with its purpose and philo sophy as stated in Sections 4 and 6, to provide competitive sala ries to meritorious employees, hereby establishes the following procedures. The City Council reserves the right to amend these procedures from time to time as may be necessary to accomplish the purposes set forth herein.

B. Compensation.

1. As established in Hemet Muni cipal Code, Chapter 54, the City Manager is responsible for admi nistering the City's personnel system. He/she is further responsi ble for evaluating its personnel to assure competency in all positions, except his/her own and that of the City Attorney. It is, theref ore, the responsib ility of the City Manager to administer the system set forth hereinabove in Subsection 7.B in a manner consistent with this objective.

C. Overtime.

1. The City Manager has determi ned that some employees in positions subject to this Resolu tion are exempt for purposes of state and federal wage and hour laws and ar e not entitled to overtime compensation. Benefit s and salary are considered adequate compensation for overtime demands placed on these individuals.

2. Non-Exempt Employees and Compensatory Time.
a. Employees identified with an asterisk (*) in the list of classifications for this Re solution are not exempt for purposes of state and federal wage and hour laws
regarding overtime compensa tion and will be entitled to overtime pay at the rate of one and one-half (1 ½) his/her regular hourly rate of pay for each hour worked in excess of forty (40) hours in any one workweek.

b. Compensatory Time (CT):
(1) Employees eligible for overtime may elect to
convert earned overtime to CT at the rate of one
and one-half (1 ½) hours for each hour actually
worked. CT may be accrued up to eighty (80)
hours. An employee who has accrued eighty (80)
hours of compensatory time may not elect to
convert overtime to compensatory time and will be

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7 compensated for one and one-half (1 ½ ) hours for
each additional hour of overtime actually worked.
(2) An employee who has requested the use of earned
CT shall be permitted to use such time within a
reasonable period after maki ng the request if the
use of the CT does not unduly disrupt the
operations of the department.
(3) An employee at any time may request and receive
compensation for any CT. Such compensation shall
be paid at the regular rate earned by the employee
at the time the employee receives such payment.

D. Disaster/Emergency Response.

Employees not eligible for overtime will receive compensation for time worked outside their regularly-scheduled duty, paid at the rate of one and one-half (1 ½ ) times their hourly rate, for services rendered for participating in a disaster/ emergency response, requested by the Office of Em ergency Services and assigned by the City Manager, outside the city limits. State or federal reimbursement for these services will revert to the City.

SECTION 9. Management/Confid ential Personnel Benefits.

A. Part-time Benefits.

Part-time employees, who work less t han half-time, shall not receive any management/confidential personnel benefits. Part-time employees, who work at least half-time, shall receive management/confidential personnel benefits as follows:

1. The following management/confidential personnel benefits are provided on the same basis as is given to a full-time employee:
a. Retirement;
b. Leave of Absence Without Pay;
c. Non-Occupational Disability Leave;
d. Professional Organizations;
e. Grievance and Discipli nary Appeals Procedure;
f. Deferred Compensation; and
g. Optional Work Schedule.

2. The following management/confidential personnel benefits are prorated on the basis of the percentage of hours that the employee works compared to a full-time employee:
a. Personal Time Off;

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8 b. Sick Leave;
c. Health Insurance. T he City will pay the prorated
percentage of the cost of the medical plan selected by the employee. The City will pay the prorated percentage of
the cost of the City's self-funded dental and vision plans; d. One time, Lump Sum, Non- Recurring, Non-Pensionable
Payments;
e. Jury Duty;
f. Holiday Policy;
g. Retiree Health Insurance B enefits, pursuant to the Retiree Health Policy;
h. Bereavement Leave.

3. The following management/confidential personnel benefits are provided as indicated under the specific benefit:
a. Medical Examination.

4. The following management/confidential personnel benefits are not provided to any part-time employee:
a. Administrative Leave;
b. Disability Insurance;
c. Life Insurance;
d. City Vehicles;
e. Educational Reimbursement.

B. Deferred Compensation.

1. The City will provide a City-pai d deferred compensation program which shall be included as "salary" in any compensation review as set forth hereinabove in Section 8. The rate for City-paid deferred compensation for all employees is set at 2% of monthly salary.

2. The City will match dollar for dollar into the employee deferred compensation plan through a de ferred compensation company selected by the City, up to a maximum of one hundred fifty dollars ($150.00) per month.

C. Medical Examination.

The City will reimburse all managemen t/confidential personnel for a medical examination by the physician of their c hoice which could include EKG, X-rays, and any such other tests that the employee might elect to have. The reimbursement amount for direct costs incu rred shall not exceed $250 per calendar year ($125 for part-time). Subject to review for eligibility.

D. Personal Time Off.

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9 The City shall administer a Personal Time Off (PTO) program which will provide for vacations, family sick leav e, and management leave. The PTO program combines earned vacation, management/super visory leave, and a portion of sick leave benefits.

1. Management/Confidential Pers onnel employees will accrue Personal Time Off according to the following tables:

Exempt Employees
Length of
Service
Vacation Hours  Management/Supervisory
Leave (Hours)
Sick Leave
Hours
Total Personal
Time Off
(Hours)
1‐12 years  160  40  48  248
12+ years  168  40  48  256
All hour totals are calculated based on 8 hour days.

Overtime Eligible Employees
Length of
Service
Vacation Hours  Sick Leave
Hours
Total Personal
Time Off
1‐3 years  96  48  144
4‐ 6 years  120  48  168
7‐9 years  144  48  192
10‐12 years  160  48  208
12+ years  168  48  216
All hour totals are calculated based on 8 hour days.

2. Guidelines for Use of Personal Time Off:

a. Accumulation of Personal Ti me Off (PTO) shall be limited to an amount equal to the earni ngs for a twenty four (24) month period at the employee's current PTO earning rate;

b. PTO may be used as soon as indicated on the employee's pay stub (but may not be used in advance) and must be
approved by the employee's supervisor and/or department head;

c. In the event one or more holidays fall during a period when an employee is on PTO, ten (10) hours of such
holiday shall not be charged as PTO;

d. PTO (and compensatory time) must be exhausted before a leave of absence without pay will be granted;

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10 e. When an employee is usi ng PTO and becomes ill or injured, he or she may use sick leave when eligible;
f. The policy of the City Council regarding PTO sellback is that an employee:
(1) Can sell accumulated PTO not more than once
each quarter.
(2) Must obtain approval of the City Manager for the
sellback.
(3) May not sell more than one hundred seventy six
(176) hours per calendar year.
(4) Shall be prohibited from selling any PTO if, during the past six (6) months, the employee has received
discipline in the form of a suspension without pay, a
reduction in salary, or a demotion;
g. Upon termination of empl oyment, an employee will be paid for the balance of his/her PTO at the rate of one
hundred percent (100%) of current salary.
h. Existing vacation leave bal ance of a Cit y employee promoted to an administrative position will be transferred to PTO; accrual of additional PTO will begin upon the
effective date of the promotion at the rate indicated in Subsection 9.D.1.

E. Administrative Leave.

Administrative leave must be used by December 31 of each year, cannot be carried forward to the following year, and ca nnot be converted to cash compensation or PTO. Administrative leave may be ta ken off, with Department Head or City Manager approval as appropriate, subjec t to the City and department needs and scheduling. Administrative leave is provided to employees as follows:

1. Employees designated by the City Manager will receive up to six (6) days of administrative leave per year for:

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11 a. Required attendance at mo st regularly scheduled City Council meetings as recommended by the Department
Head to the City Manager.

b. Required attendance at most regularly scheduled
Planning Commission meeti ngs as recommended by the
Department Head to the City Manager.

2. Employees designated by the City Manager will receive six (6) days of administrative leave per year for required standby (on the scene within thirty (30) minutes ) on a regularly scheduled basis directing the employee to maintain telephone or radio contact with the City.

F. Sick Leave.

1. Sick leave shall be ea rned at the rate of eight (8) hours per month and will have no accumulation limitation.

2. Newly-hired management/confiden tial personnel shall be given a credit of two hundred forty (240) hour s of sick leave to their Sick Leave account for the first two and one-half (2½) years of service.

Accrual of additional sick leave will commence at the beginning of the 31
st month of service.

3. Existing sick leave balance of a City employee promoted to a management/confidential personnel position will be transferred; accrual of additional sick leave time will begin upon the effective date of the promotion at the rate indicated in Subsection 9.F.1.

4. Sick leave shall be used for illness or injury which causes the employee to be absent from his/her duties.

5. Sick leave may be used for absences from duty when the employee's presence is needed to attend to the illness of a member of his/her family. Th e use of sick leave under this subsection shall be limited to one half (1/2) of annual potential accrual, which is 48 hours for full-time employees.

6. Reasonable proof of il lness may be requested.

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12 7. Personal Time Off shall be applied when all sick leave has been exhausted.

8. The following payoff provision for accumulated Sick Leave upon retirement or disability, death or resignation, shall apply:
a. Twenty-five percent (25%) of all accumulated sick leave after five (5) years of servic e with the City; payoff shall be prorated upon last five (5) years of service.
b. Fifty percent (50%) of all accumulated sick leave after ten (10) years of service with the City; payoff shall be prorated upon last five (5) years of service.
c. Seventy-five (75%) of a ll accumulated sick leave after twenty (20) years of service with the City; payoff shall be prorated upon last five (5) years of service.

G. Holiday Policy
The City currently observes the following holidays:

1. Designated Date Designated Holiday

1. January 1

2. Third
Monday in January
New Year's
Day
Martin Luther King Jr. Day

3. Third Monda y in February Washin gton's Birthday

4. Last Monda y in May Memorial Day

5. Jul y 4 Independence Day

6. First Monda y in September Labor Da y

7. November 11 Veterans Day

8. Thanks giving Thanksgiving

9. Friday after Thanksgiving

10. ½ Holiday – Day Before Christmas
Friday after Thanksgiving
Christmas Eve

11. December 25

12. ½ Holida
y -Day Before New Year
Christmas
New Year
’s Eve

13. Two Floating Holidays At employee's discretion,
with Supervisor's approval
In addition to the foregoing holidays, all full time employees shall be entitled to accrue ten (10) hours in lieu of Columbus Day. This time shall be placed in the employees floating holiday time bank.

2. Hour Value. The hour value for ea ch holiday shall be equivalent to the employee's scheduled work period.

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13 3. Procedure if Holiday Falls on Saturday or Sunday. For those employees whose normal work week is Monday through Friday, when a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

4. Procedure if Holiday Falls on Regular Day Off. If a holiday occurs on a day which is the employee's r egular day off, he/she shall be entitled to ten (10) hours of holiday pay or five (5) hours of pay for a half (1/2) day holiday.

H. Bereavement Leave.

1. Use of Bereavement Leave. Paid Bereavement Leave may be granted to an employ
ee upon the r equest of the employee, upon
the death of any of the followi ng relatives of the requesting employee: spouse; child, includin g biological, step, adopted and foster children; parent, including biological, step, adoptive and foster parents; parent-in-law; gr andparent; sibling; grandchild, including biological, step, adopted and foster grandchildren.

2. Amount of Bereavement Leave: Employees may receive up to three (3) days of paid Bereavement Leave based upon the employee's usual work schedule.

I. Health Insurance.

1. The City shall make available to all full time employees and their dependents, pro-rated for part time employees, medical plans through commercial carriers. The City shall also provide fully-paid dental and vision plans.

2. The City will contribute the sum of $1,100.00 per month, per employee in paid status toward the cost of health insurance. The City will contribute 100% of the cost per month, per employee in a paid status for the cost of dental and vision plans for such employee and his/her dependents.

J. Retirement.

Retirement Plans. The City will provide retirement plans with the California Public Employees Retirement System (‘CalPERS’) as follows:

1. For employees hired prior to July 1, 2011, such plan shall be 2.7% at 55 with 1959 Survivor Benefits, Level 4, Post-Retirement

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14 Survivor Allowance, One-Y ear Highest Compensation, and Military Service Credit.

2. For employees hired from Ju ly 1, 2011 through December 31, 2012, or those hir ed thereafter who are CalPERS ‘Classic’ members, such plan shall be 2. 5% at 55 with 1959 Survivor Benefits, Level 4, Post-Retirement Survivor Allowance, One-Year Highest Compensation, and Military Service Credit.

3. For employees hired on or a fter January 1, 2013, who are not CalPERS ‘Classic’ members and are not eligible for reciprocity, such plan shall be 2% at sixty- two (62) and final compensation based on ‘highest consecutive three year average’.

4. Management/Confidential Perso nnel employees in retirement Tiers I and II shall pay the full employee share of contribution (EPMC), but not to exceed eight per cent (8%), to their respective retirement plans.

Management/Confidential Personnel employees in retirement Tier III shall pay the full employee s hare of contribution (EPMC), but not to exceed sharing fifty percent (50%) of normal costs, to their retirement plan.

5. Management/Confidential Perso nnel employees shall receive retiree health insurance benefits pursuant to Resolution Numbers 4198, 4190, 3349, 3317, and 3209. The Tier Two deferred compensation contribution for management employees covered by this Resolution shall be one hundred dollars ($100.00) per month.

K. Disability Insurance.

On behalf of each employee, the City sha ll contribute an amount equal to the premium on a long-term disability plan. The plan shall provide coverage equal to sixty percent (60%) of total salary, with a ma ximum monthly benefit of thirteen thousand dollars ($ 13,000), after a thirty (30) day waiting period. In no case shall the policy require sick leave to be drawn beyond the initial thirty (30) day period.

L. Life Insurance.

1. For employees hired on or befor e December 3, 1996, the City will provide a term life insurance poli cy in the amount of one hundred thousand dollars ($100,000.00) for a ll employees cov
ered by this
Resolution.

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15 2. For employees hired after Dece mber 3, 1996, the City will provide a term life insurance policy in the amount of fifty thousand dollars ($50,000.00).

M. City Vehicles.

Authorization for use of City-owned vehi cles shall be pursuant to Resolution Number 3348. The auto allo wance amount for all managers receiving an auto allowance shall be equal to five hundred dollars ($500) monthly.

N. Jury Duty.

An employee on jury duty will receive full pay and benefits. Any compensation for such jury duty (except travel pay) shall be returned to the City.

O. Bilingual Pay.

Employees regularly requir ed by their supervisor to provide foreign language translation services in the course and scope of their employment shall receive one hundred dollars ($100.00) per month. In order to qualif y for bilingual pay, the employee must pass a test established by the City.

P. Leave of Absence Without Pay.

1. After all Personal Time Off (PTO) and compensatory time has been used, the City Manager, upon recommendation of the Department/Division Head, may gr ant a leave of absence without pay for any employee up to a maxi mum of sixty (60) calendar days. Extensions of time beyond the initia
l sixty (60) calendar
days up to one (1) year may also be granted by the City Manager.

One (1) extension, for a total of two (2) years from the beginning of the initial sixty ( 60) days, may be granted. A leave without pay may be granted for any of the following reasons:
a. To take a course of study which will increase the
employee's usefulness on return to his or her position in the City's service; and
b. For personal reasons accept able to the Department Head and City Manager.

2. During an approved leave of abs ence without pay all employee benefits shall cease to be paid by the City. An employee may continue his/her health and lif e insurance benefits at the employee's expense.

Q. Non-Occupational Disability Leave.

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16 1. Upon submission of an appropria te certificate from a licensed medical provider, an employee may be granted non-occupational disability leave. The employee utilizing non-occupational disability leave shall utilize all sick leave accredited to him/her and upon the expiration of sick leave shall uti lize any accrued annual vacation leave and compensatory time. When all sick leave, annual vacation leave and compensator y time are ex hausted, the remainder of the absence require d will be on the basis of leave without pay. The leave without pay will constitute a break in continuous service with the City.

2. Non-occupational disability leave shall not extend beyond a maximum period of six (6) months. If additional leave is desired, the employee may request additional leave in accordance with Leave of Absence Without Pay, Subsection 9.P. An employee shall not be entitled to more th an one (1) such leave pursuant to this Subsection 9.P. per twelve (12) month period.

R. Professional Organizations. Management/Confidential personnel are encouraged to participate in professional organizations that directly relate to their career objecti ves and the performance of their responsibilities. City-sponsored membership in professional organizations and activities shall be s ubject to the constraints of the adopted budget for that department/division.

S. Educational Reimbursem ent. Full-time, regular
management/confidential personnel em ployees shall qualify for participation in the tuition-reimbursement program. The program covers courses taken at accredited colle ges, accredited universities, correspondence courses and other inst itutions. Reimbursement will be subject to the following:

1. The course elected must be of benefit to the City and directly related to the employee's current duties or future employment with the City. Courses taken to satisfy a degree requirement may be approved, provided that the degree goal is in the field of current employment of the employee or future employment with the City.

2. Each employee must attend on hi s/her own time and complete the course satisfactorily with a passi ng grade of "C" or its numerical equivalent, or a "pass" or "credit" for the class.

3. Employees planning on taking classes or entering a specific program that is reimbursable will obtain approval for the reimbursement prior to enrollment.

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17 4. Such reimbursement shall incl ude tuition, books, text materials used to complete course requirements and parking fees, but shall not include travel time, mileage, or other miscellaneous costs.

5. Upon completion of the course , the employee shall attach the grade report along with receipts for eligible reimbursements to his/her approved application for educational assistance and present it to his/her Department Head. The Department Head will forward the records of comple tion to the Human Resources Division.

6. Reimbursement is limited to tw o thousand dollars ($2,000.00) per calendar year.

7. Should the employee leave City service within one year after completion of a course paid for by the City, the costs of such course will be deducted fr om the employee's last paycheck. If the employee's last paycheck is insufficient to repay the costs of such course(s), the employee will be required to make appropriate arrangements, including a promissory note, to repay the balance within one (1) year of leaving Cit y service. The City Manager may alter the above requirement in unusual circumstances.

8. Employees covered under this resolution may request
prepayment or reimbursement of costs required for the course.

Failure to present proper proof of completion will cause the amount of prepayment to be deducted from successive
paychecks, not to exceed $50 per pay period, except in the case of an employee who terminates, in which case the total amount shall be deducted from monies due and owed by the employee.

T. Work Schedule. All employees sha ll work a “4/10” alternative work schedule comprising of eight (8), ten (10) hour days in the pay period.

City may adjust employee work days to provide coverage for all days of the week based on business need, wh ile maintaining a 4/10 work schedule.

U. Optional Work Schedule. Alternat e work schedules will only occur with the Department Director recommendation, with appropriate coverage to provide adequate service to the pub lic, and final approval by the City Manager.

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18 V. Layoff & Grievance Procedures. Will be followed in accordance with the Personnel Rules adopted by the City Council on April 12, 2011.

1. Separation Pay. A regular status employee who is subject to layoff shall receive separation pay in the amount of two (2) week salary at the employee’s then current salary.

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19 PASSED, APPROVED AND ADOPTED by the City Council this 28 th day of June 2022.
_________________________________
Malcolm Lilienthal, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________ __________________ John Maier, City Clerk Steven Graham, City Attorney

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20 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 is the actual Resoluti on adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 28 th day of
June 2022 by the following vote:

AYES: Council Members
NOES:

ABSTAIN:

ABSENT:
_________________________________
John Maier, City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jun 28 2022
Department: Public Works
Submitted by: Eddie Pust, Acting City Manager
Lorena Rocha, Finance Director, 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, Declaring its Intention for the Levy and Collection of Assessments, Preliminarily Approving the Engineer’s Report, and Appointing a Time and Place for a Public Hearing for the Existing Stre etlight Maintenance Districts for the Fiscal Year 2022 - 2023

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Declaring its Intention for the Levy and Collection of Assessments, Preliminarily Approving the Engineer’s Report, and Appointing a Time and Place for a Public Hearing for the Existing Streetlight Maintenance Districts for the Fiscal Year 2022-2023.

BACKGROUND:

By its previous action, the City Council approved Resolution No. 22-______ initiating proceedings and ordering the engineer’s report in connection with the annual levy of assessments for the existing Citywide Streetlight Maintenance Districts for the Fiscal Year 2022 -2023. The assessment s against the lots and parcels of land within the assessment districts will pay for the operation, maintenance, and servicing of streetlights and appurtenant structures.

ANALYSIS:

The assessment engineer’s report has been prepared and is on file with the City Clerk. A public notice will be published in the Press Enterprise, Hemet News, regarding the proposed annual landscape assessment rates for the Fiscal Year 2022-2023.

STRATEGIC PLAN INTEGRATION:

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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.

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.

FISCAL IMPACT:

The total proposed citywide streetlight maintenance district assessment for the Fiscal Year 2022-2023 is $1,209,725.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

SMD FY22-23_Declaring
ER Hemet SMD FY22-23withAttachments

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CITY COUNCIL RESOLUTION BILL NO. 22-_____
Hemet Streetlight Maintenance Districts
For Fiscal Year 2022-2023
1 2
3 CITY OF HEMET 4
Hemet, California 5
RESOLUTION NO. 22-____ 6
7 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 9
HEMET, CALIFORNIA FOR DECLARING ITS INTENTION FOR 10
THE LEVY AND COLLECTION OF ASSESSMENTS, 11
PRELIMINARILY APPROVING THE ENGINEER’S REPORT, AND 12
APPOINTING A TIME AND PLACE FOR A PUBLIC HEARING 13
FOR THE EXISTING STREETLIGHT MAINTENANCE DISTRICTS 14
FOR FISCAL YEAR 2022-2023. 15
16 The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) 17 does resolve as follows: 18
19 WHEREAS, The City Council has by previous Resolutions forme d the Streetlight 20 Maintenance Districts (hereafter referred to as the “Districts”), initiated proceedings for 21 Fiscal Year 2022-2023, and ordered the preparation of the Fiscal Year 2022-2023 22 Engineer’s Report pursuant to the provisions of the Landscaping and Lighting Act of 1972, 23 Part 2 of Division 15 of the California Streets and Highways Code (commencing with section 24 22500) (hereafter referred to as the “Act”) that provides for the levy and collection of 25 assessments by the County of Riverside for the City of Hemet to pay the maintenance and 26 services of all improvements and facilities related thereto; and, 27 28 WHEREAS, all assessments for the Districts were previously approved in 29 accordance with the requirements of the California State Constitution, Article XIII (D); and, 30 31 WHEREAS, the City Council has appointed Harris & Associates for the purpose of 32 assisting with the Annual Levy of the Districts, and to prepare and file an Engineer’s Report 33 with the City Clerk in accordance with the Act; and, 34 35 WHEREAS, the Engineer’s Report entitled “City of Hemet Engineer’s Report Fiscal 36 Year 2020-2021 for Streetlight Maintenance District s” has been filed with the City Clerk 37 and presented to the City Council to be approved by the City Council, as required by 38 Chapter 1, Article 4, Section 22566 and Chapter 3, Sections 22623 and 22624 of said 39 Act; and, 40
41 WHEREAS, this City Council has examined and reviewed the En gineer’s Report 42 as presented, and is preliminarily satisfied with t he Districts, each and all of the budget 43 items and documents as set forth therein, and is sa tisfied that the assessments, have 44 been spread in accordance with the special benefits received from the improvements, 45

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CITY COUNCIL RESOLUTION BILL NO. 22-_____
Hemet Streetlight Maintenance Districts
For Fiscal Year 2022-2023
operation, maintenance and services to be performed within each District, as set forth in 1 said Report. 2
3 4
THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND 5 RESOLVES AS FOLLOWS: 6
7 Section 1. That the above recitals are all tr ue and correct. 8 9 10
Section 2. That the Engineer’s Report as presented, consists of the following: 11 a) A description of improvements (Plans & Specifica tions). The 12 improvements within the Districts include but are n ot limited to: the 13 operation, maintenance and servicing of streetlights and appurtenant 14 structures. Maintenance refers to the furnishing of electrical service 15 and materials for the ordinary and usual maintenance, operation and 16 servicing of the streetlight structures and appurte nant facilities, 17 including repair, removal or replacement of all or part of any of the 18 structures. 19
b) The annual budget (Costs and Expenses of Service s, Operations 20 and Maintenance). 21
c) A description of the Method of Apportionment res ulting in an 22 assessment rate per unit of benefit for each said D istrict for Fiscal 23 Year 2022-2023. 24
d) A citywide diagram (Assessment Diagrams) showing the exterior 25 boundaries of the Districts. The general location a nd boundaries of 26 the existing Districts are shown on maps on file in the office of the 27 City Clerk, open to public inspection, and by reference are made part 28 of this resolution. The Districts are designated a s: “Hemet Citywide 29 Streetlight Maintenance Districts.” 30
e) The Fiscal Year 2022-2023 Assessment Collection Rolls with the 31 proposed assessment apportioned to each lot or parcel which is filed 32 under separate cover and by reference are made part of this 33 resolution. 34
35 Section 3. The Engineer’s Report is hereby approved on a preliminary basis 36 pending a public hearing, and ordered to be filed i n the Office of the City Clerk as a 37 permanent record to remain open to public inspection. 38 39 Section 4. The City Council hereby declares its int ention to seek the annual levy 40 and collection of assessments within the Districts pursuant to the Act, over and including the 41 land within the District boundaries, and to levy and collect assessments on all such land to 42

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CITY COUNCIL RESOLUTION BILL NO. 22-_____
Hemet Streetlight Maintenance Districts
For Fiscal Year 2022-2023
pay the annual costs and expenses of the improvements and services described in Section 1 2 of this resolution for Fiscal Year 2022-2023. 2
3 Section 5. The proposed district assessments are within the li mits previously 4 approved by the property owners. The assessments ou tlined in the Engineer’s Report 5 have not been increased over the maximum rates approved by the property owners, and 6 do not require additional property owner approval in accordance with the requirements of 7 the California Constitution, Articles XIII(C) and XIII(D). 8 9 Section 6. The City Council hereby declares its in tention to conduct a Public 10 Hearing concerning the levy of assessments for the Districts in accordance with Chapter 11 3, Section 22626 of the Act. 12
13 Section 7. The City shall give notice of the time a nd place of the public hearing 14 to all property owners within the Districts by causing the publishing of this Resolution once 15 in the local newspaper not less than ten (10) days before the date of the public hearing, 16 and by posting a copy of this resolution on the off icial bulletin board customarily used by 17 the Council for the posting of notices. 18
19 Section 8. Notice is hereby given that Tuesday, the 12 th day of July, 2022 at 7:00 20 pm, in the Council Chambers of the City of Hemet, 4 50 East Latham Avenue, Hemet, 21 California 92543, is the time and place fixed for a public hearing by the City Council on the 22 question of the levy and collection of assessments for Fiscal Year 2022-2023 against lots 23 and parcels of land within the Districts. At the hearing, interested persons shall be afforded 24 the opportunity to hear and be heard. 25
26 Section 9. The City Clerk is hereby authorized and directed to give notice of such 27 hearing as provided by law. 28
29 Section 10. The City Council hereby designates Lor ena Rocha, telephone 30 number (951) 765-2330, to answer inquiries regardin g the hearing, protest proceedings, 31 and procedural or technical matters. 32
33 Section 11. Lots or parcels within the Districts t hat are owned or used by any 34 county, city, city and county, special district or any other local or regional governmental 35 agency, the State of California or the United State s shall be assessed unless the City 36 demonstrates by clear and convincing evidence that such lots or parcels receive no 37 special benefit from the proposed improvements. 38
39 Section 12. That the City Clerk shall certify to t he passage and adoption of this 40 resolution; shall enter the same in the book of ori ginal resolutions of said City; and shall 41 make a minute of passage and adoption thereof in the records of the proceedings of the City 42 Council of said City, in the minutes of the meeting shall so reflect the presentation of the 43 Engineer’s Report at which resolution is passed and adopted. 44 45

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CITY COUNCIL RESOLUTION BILL NO. 22-_____
Hemet Streetlight Maintenance Districts
For Fiscal Year 2022-2023
1 2
3 4
PASSED, APPROVED, AND ADOPTED this 28th day of June, 2022. 5 6 7
8 9
Malcolm Lilienthal, Mayor 10
11 12
13 ATTEST: APPROVED AS TO FORM: 14
15 16
17 John Maier, City Clerk Stephen Graham 18
City Attorney 19
20 21

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CITY COUNCIL RESOLUTION BILL NO. 22-_____
Hemet Streetlight Maintenance Districts
For Fiscal Year 2022-2023
1 State of California ) 2
County of Riverside ) 3
City of Hemet ) 4
5 I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing 6 resolution is the actual resolution adopted by the City Council of the City of Hemet 7 and was passed at a regular meeting of the City Cou ncil on the 28th day of June, 8 2022 by the following vote: 9
10 11
AYES: 12
NOES: 13
ABSTAIN: 14
ABSENT: 15
16 17
18 19
John Maier, City Clerk 20
21 22
23 24
25 26
27 28
29

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CITY OF HEMET
ENGINEER’S REPORT

STREETLIGHT MAINTENANCE DISTRICTS
FISCAL YEAR 2022-23

RIVERSIDE COUNTY, CALIFORNIA
June 2022

PREPARED BY

41593 Winchester Rd, Suite 159
Temecula, CA 92590
www.weareharris.com

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

TABLE OF CONTENTS

Engineer’s Certification .................................................................................................. i Part I – Plans and Specifications ................................................................................... 1 Part II – Method of Apportionment ............................................................................ 10 Part III – Cost Estimate ................................................................................................ 17 Part IV – Assessment Diagram .................................................................................... 19 Part V – Assessment Rolls ........................................................................................... 20 Appendix A – District Budgets and Description of Budget Line Items ........................ 21

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Engineer’s Report
Street Light Maintenance Districts
City of Hemet
Fiscal Year 2022-23

i
ENGINEER’S CERTIFICATION
AGENCY: THE CITY OF HEMET

PROJECT: STREETLIGHT MAINTENANCE DISTRICTS

TO: THE CITY COUNCIL OF THE

CITY OF HEMET

STATE OF CALIFORNIA

ENGINEER’S REPORT FOR FISCAL YEAR 2022–23
LANDSCAPING AND LIGHTING ACT OF 1972, DIVISION 15 OF THE

STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA

Pursuant to the provisions of Section 22565 through 22574 of the Landscaping and Lighting Act of 1972, said act being Part 2 of Division 15 of the Streets and Highways Code of the State of California, Section 4 of Article XIII D of the California Constitut ion, and direction from the City Council of the City of Hemet (“City Council”), California submitted herewith is the Engineer’s Report (“Report”) for the City of Hemet (“City”) Streetlight Maintenance Districts consisting of five parts.

WHEREAS, the City Council did, pursuant to the provisions of the Landscaping and Lighting Act of 1972, as being part of Division 15 of the Streets and Highways Code of the State of California, initiate proceedings for the levy of special assessments for FY 2022-23 in the assessment district known and designated as:

Streetlight Maintenance Districts (herein referred to as “Districts”); and, WHEREAS, the City Council, did direct the appointed Engineer to make and file a Consolidated Annual Report, in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of Part 2 of Division 15 of the Streets and Highways Code, being an article of the aforementioned Landscaping and Lighting Act of 1972.

WHEREAS, Section 22567 of said Article 4 states the Report shall consist of the following:

Part I – Plans and Specifications
Part II – Method of Apportionment
Part III – Cost Estimate
Part IV – Assessment Diagrams
Part V – Assessment Rolls

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

ii

I do hereby assess and apportion the total amount of the costs and expenses upon several parcels of land within said District area liable therefor and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said services.

NOW, THEREFORE, I, the appointed Engineer, acting on beh alf of the City of Hemet, pursuant to the Landscaping and Lighting Act of 1972, do hereby submit the following:

1. Pursuant to the provisions of law, the costs and expenses within each District has been assessed upon the parcels of land in the Districts benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a reduced copy of which is included herein.

2. As required by law, an Assessment Diagram is filed herewith, showing the boundaries of each District, as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said Districts as the same exist, as of the date of this Report, each of which subdivisions of land into lots or parcels, respectively, have been given a separate number upon said Assessment Diagram and in the Assessment Roll contained herein.

3. The separate numbers given the subdivisions and parcels of lan d, as shown on said Assessment Diagram and Assessment Roll, correspond with the numbers assigned to each parcel by the Riverside County Assessor. Reference is made to the County Assessment Roll for a description of the lots or parcels.

4. There are no lots or parcels within the Districts that are owned by a federal, state or other local governmental agency that will benefit from the services to be provided by the assessments to be collected.

In conclusion, it is my opinion that the assessments for the Consolidated Streetlight Maintenance Districts have been spread in accordance with the benefits that each parcel receives from the items being funded by each District.

DATED this 17th day of June, 2022
_____________________________________
Tamorah Bryant, P.E., Assessment Engineer
R.C.E. No. 67205
Engineer of Work
County of Riverside
State of California

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

1 PART I – PLANS AND SPECIFICATIONS
Executive Summary
This Engineer’s Report contains language and wording from the “2013-14 Engineer’s Annual Levy Report” that was previously adopted by the City on July 9, 2013 through Resolution Bill No. 13-035 which preserves the continuity of information.

Introduction
The City of Hemet (“City”) annually levies and collects special assessment s in order to provide and maintain improvements within the City’s Streetlight Maintenance Districts (“Districts”). The Districts were formed and are levied annually pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”).

This Consolidated Annual Engineer’s Report (“Report”) describes the Districts and improvements, any proposed changes to the Districts or improvements and the proposed budgets and assessments for Fiscal Year 2022–23. The assessments are based on the City’s estimated costs to maintain and service the improvements that provide a special benefit to properties assessed within the respective Districts. Each District’s costs and corresponding levy are based on an annual budget which includes all expenditures, deficits, surpluses, revenues, and reserves for each individual District.

For the purposes of this Report, the word “parcel” refers to an individual property assigned its own Assessor’s Parcel Number by the Ri verside County (“County”) Assessor’s Office. The County Auditor/Controller uses Assessor’s Parcel Numbers and specific Fund Numbers to identify properties assessed for special district benefit assessments on the County tax roll.

Following consideration of public comments and written protests at a noticed public hearing, the City Council may order amendments to the Report or adopt the Report as submitted. Following final approval of the Report and confirmation of the assessments, the Council may then order the levy and collection of assessments for Fiscal Year 2022-23 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll for each benefiting parcel in Fiscal Year 2022-23.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

2 Improvements Authorized by the Landscaping Act of 1972 As applicable or may be applicable to each separate District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or construction of pub lic lighting facilities, including, but not limited to, traffic signals.
• The maintenance or servicing, or both, of any of the foregoing • The acquisition of any existing improvement otherwise authorized pursuant to this section Incidental expenses associated with the improvements include, but are not limited to:
• The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment
• The costs of printing, advertising, and the publishing, posting and mailing of notices • Compensation payable to the County for collection of assessments • Compensation of any engineer or attorney employed to render services • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5 • Costs associated with any elections held for the approval of a new or increased assessment The 1972 Act defines "maintain" or "maintenance" to mean furnishin g of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement General Description of Improvements and Services
The proposed improvements for the Districts may be generally described as follows:
• The installation of street lighting, safety lighting and appurtenant facilities necessary for the daily operation of said lighting located within City road rights -of-way. Insta llation covers all work necessary for the installment or replacement of said lighting and all appurtenant work necessary to complete said installation or replacement.
• The operation, maintenance, and servicing of all existing street lighting, safety lightin g and appurtenant facilities necessary for the daily operation of said lighting located within City road rights-of-way. Operation, maintenance, and servicing means all work necessary for the daily maintenance required to maintain said lights in proper oper ation including providing said lights with the proper energy necessary to operate the lights.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

3 In the City of Hemet, streetlights are mounted on standard marbelite poles with mast arms, or mast arms attached to wood power poles. The lights are exclusively h igh-pressure sodium vapor lights, typically 70 watt, some 150 to 200 watts, with the higher wattage lights usually placed in the commercial areas of the City.

In determining the location of streetlights, lights along residential streets are typically placed an average of 170 feet apart; whereas streetlights along major and secondary roads, in areas of typically commercial use, are placed an average of 70 feet apart.

The maintenance of existing streetlight facilities is performed by either the Southern Calif ornia Edison Company or by the City of Hemet using its own or contract personnel. The portion of the streetlight system owned and operated by the Southern California Edison Company is billed to the City on a monthly flat rate or metered basis. These flat r ates or metered amounts vary based upon the type and wattage of streetlights, and actual metered amounts.

A portion of the street lighting system is owned and maintained by the City of Hemet. Electrical energy is purchased from the Southern California Edison Company at metered locations.

The plans and specifications for the improvements for the Districts are voluminous and are not included in this Report, but are on file in the office of the City Engineer and are by reference herein made a part of this Report. Location of all streetlights and safety lighting are included on lighting inventory maps which are available for public inspection in the office of the City Engineer and are by reference herein made a part of this Report.

District Boundaries
The City maintains the Districts which include 77 individual Districts/Zones and annexations. There were 27 Districts (hereafter referred to as the “Original Districts”) formed prior to the passage of Proposition 218, and the remaining Districts were formed after 1999.

The boundaries for each of the Districts are presented in Part IV of this Report. The Districts formed after 1999 are distinct and separate areas operating independently of the Original Districts. Furthermore, some of these Districts may cont ain two or more zones of benefit that are identified by development name and/or tract number.

The locations of the Original Districts are as follows:

District 1 – The parcels are located in the area East of Kirby St. from Oakland Ave. north to Menlo Ave., to the North of Florida Avenue intersected by Devonshire Ave.

District 2 – The parcels are located in the area north of Whittier Ave. and south of Mayberry Ave. intersected by South Palm Ave. between Rainier Way and S. Tahquitz Ave.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

4 District 3 – The parcels are located in the area east of Kirby St. between Fruitvale Ave. to the south and Eaton Ave. to the north.

District 4 – The parcels are located in the area so uth of W. Johnston Ave., north of W. Stetson Ave., between S. Gilbert St. and S. State St.

District 5 – The parcels are located in the area north of Oakland Ave., south of Menlo Ave., and to the east of Lyon Ave.

District 6 – All lots and parcels of land are in the subdivisions known as Tract 6971 and Tract 6971-1 located south of E. Stetson Ave., west of S. Buena Vista St. along Magnolia Cir.

District 7 – All lots and parcels of land are in the subdivisions known as Tracts 8151 and 8151 -1 located south of W. Devonshire Ave. and north of Rafferty Rd.

District 8 – The parcels are located in the area south of W. Florida Ave., north of W. Acacia Ave., and between Sanderson Ave. and S. Kirby St.

District 9 – The parcels are located in Seven Hills Golf Club area south of W. Stetson Ave. and west of S.

Lyon Ave. (excluding tract 14309).

District 9-1 – All lots and parcels of land are in the subdivision known as Tract 14309 located south of W.

Stetson Ave. and west of S. Lyon Ave.

District 10 – All lots and parcels of land are in the subdivisions known as Tracts 9245-1 and 9245-2 located south of W. Acacia Ave. and east of S. Kirby St.

District 11 – The parcels are located in the area located east of N. Elk St. and N. Lyon Ave. between W.

Menlo Ave. and W. Devonshire Ave. to the east of District 1.

District 12 – The parcels are located in the area west of N. Lyon Ave. between Eaton Ave. and W. Menlo Ave. to the southeast of District 3.

District 13 – The parcels are located in the area east of Sanderson Ave., north of W. Florida Ave., south of W. Devonshire Ave., and to the southwest of Districts 1 and 7.

District 14 – All lots and parcels of land are in the subdivision known as Tract 11884 located north of E.

Thornton Ave.

District 15 – The parcels are located in a lar ge area north of E. Newport Rd., west of S. State St., and to the south of Stetson Ave.

District 16 – The parcels are located in a large area south of the Hemet-Ryan Airport to the west of Districts 9 and 15.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

5 District 17 – The parcels are located in the area north of W. Stetson Ave., east of Sanderson Ave., to the south of the main railway excluding Tract 22732.

District 17-1 – All lots and parcels of land are in the subdivision known as Tract 22732 located north of W.

Stetson Ave.

District 18 – The parcels are located in the north of W. Acacia Ave, south of W. Florida Ave., and to the east of Sanderson Ave.

District 19 – The parcels are located in a large area primarily in the eastern portion of the City, the boundaries are non-contiguous parcels.

District 19-1 – The parcels are located in the area south of W. Fruitvale Ave. and north of W. Menlo Ave., between N. Sanderson Ave. and N. Kirby St.

District 19-2 – The parcels are located in the area generally located west of N. Kirby St. between Eaton Ave. and Commonwealth Ave.

District 19-3 – The parcels are located in a large area on the western portion of the City north of the main railway.

District 19-6 – The parcels are located in the area east of Warren Rd., south of W. Florida Ave. and north of Whittier Ave.

District 19-7 – All lots and parcels of land are in the subdivision known as Tract 24714 located east of the Echo Hills Golf Course.

District 19-10 – The parcels are located in the area north of W. Menlo Ave. between Palm Ave. and N.

State St.

The locations of the Districts formed after 1999 are as follows:

District 19-4 (Stoney Mountain) – All lots and parcels of land are in the subdivision known as Tract 29129 located east of Warren Ave. and south of W. Esplanade Ave.

District 19-5 (Heartland) – The parcels are located in The Hemet Golf Club area north of W. Florida Ave. and generally west of California Ave.

District 19 -PHR (Parkhill) – The boundaries are non -contiguous parcels within the City, however the boundaries of which are shown on the map entitled “Proposed Streetlight Maintenance District (Parkhill)” is on file in the Office of the City Clerk.

District 20A (Pacific Green) – All lots and parcels of land are in the subdivision known as Tract 28555 located east of Lake St.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

6 District 20B (Orchard) – All lots and parcels of land are in the subdivision known as Tract 25168 located northeast of Florida Ave. and Lake St.

District 21 (North Annexation) – The boundaries are non -contiguous parcels within the City. As of the writing of this Report, the description of the location is not available. However, the boundaries are shown on the map entitled “Proposed Streetlight Maintenance District (North Annexation)” which is on file in the Office of the City Clerk.

District 22 (Cottonwood) – All lots and parc els of land are in the subdivisions known as Tract 30558, 30558-1, and 30558-2 located at the southeast corner of Mustang Way (formerly Harrison Ave.) and Fisher St.

District 23 (23, 23 -1, 23-2B, 23-3, 23-4, 23-5, 23-5B) – All lots and parcels of land are in the following subdivisions:
• Tract 28581 (Crean) is located on the northeast corner of Sanderson Ave. and Eaton Ave. • Tract 29674 (Montana) is located on the southwest corner of Palm Ave. and Fruitvale Ave. • Tracts 30689 and 30689 -1 (Woodcrest) are located on the northwest corner of Sanderson Ave. and Eaton Ave.
• Tract 29581 (Covenant) is located on the northwest corner of Kirby St. and Commonwealth Ave. • Tract 30506 (Autumn Ridge I) is located between Sanderson Ave., Cawston Ave., Eaton Ave., and Fruitvale Ave.
• Tract 28558 (Menlo Estates) is located on the southwest corner of Fruitvale Ave. and Brisbane St. • Tract 31295 (Menlo Estates II) is located in the northeast corner of Florida Ave. and Brisbane Ave.

District 24 (Kalpesh) – All lots and parcels of land are in the subdivisions known as:
• Tract 30869 (Zone A) is located south of Berkley Ave. and west of Lauresa Ln. • Tract 30969 (Zone B) is located north of Berkley Ave. and east of Hemet St.

District 25 (Flowerwood) – All lots and parcels of land are in the subdivision known as Tract 30158 located west of Buena Vista Ave., north of Menlo Ave., and east of railroad easement.

District 26 (Willowalk) – All lots and parcels of land are in the subdivision known as Tract 3 0041 located 430 feet south of Stetson Ave. and east of Sanderson Ave.

District 27 (Durango) – All lots and parcels of land are in the subdivision known as Tract 31576. As of the writing of this Report, the description of the location is not available; how ever, the boundaries of which are shown on the map entitled, “Streetlight Maintenance District No. 27, Tract 31576” which is on file in the Office of the City Clerk.

District 29 (Peppertree) – All lots and parcels of land are in the subdivision known as Tract 29843 located north of Menlo Ave. and west of Cawston Ave.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

7 District 31 (Horseshoe) – All lots and parcels of land are in the subdivision known as Tract 32131 located north of Eaton Ave. and west of Palm Ave.

District 33 (Hideaway) – All lots and parcels of land are in the subdivisions known as Tract 24147 -1 and Tract 31796 located north of Fruitvale Ave. and east of State St.

District 35 (Enclave) – All lots and parcels of land are in the subdivision known as Tract 30724 located on the north side of Lincoln Ave. between Hemet St. and Meridian St.

District 36 (McSweeney) – All lots and parcels of land are in eight subdivisions known as Tract Nos. 32717, 32717-1, -2, -3, -4, -5, -6 and Tract No. 32529 located north of Newport Rd. and east of State St.

District 37 (Montero) – All lots and parcels of land are in the subdivision known as Tract 31146 located on the north side of Devonshire Ave. between Warren Rd. and Old Warren Rd.

District 39 (SV Investments) – All lots and parcels of land are in the subdivisi on known as Tract 32359 located north of Charlton Ave. and east of Park Ave.

District 42 (Emerson) – All lots and parcels of land in the subdivision known as Tract No. 31970 located south of Devonshire Ave. and east of Meyers St.

District 43 (Palomino) – All lots and parcels of land are in the subdivision known as Tract 31280 located on the west side of Pine Ave. between Commonwealth Ave. and Esplanade Ave.

District 44 (Autumn Ridge II) All lots and parcels of land are in the subdivision known as Tract 3370 5 located between Sanderson Ave., Cawston Ave., Eaton Ave., and Fruitvale Ave.

District 46 (Villa de Madrid) – All lots and parcels of land the subdivision known as Tract No. 33707 located on the northeast corner of Devonshire Ave. and Madrid St.

District 47 (Rancho Diam ante) – All lots and parcels of land located in the subdivisions known as Tract Nos. 31807, 31807-1, 31808, 31808-1, and 31808-2 located north of Mustang Way, east of Warren Rd., west of Fisher St. and south of Thornton Ave.

District 49 (Clean Streak & Esplanade) – The District consists of two commercial developments that are placed into two individual Zones. The locations of the developments to be included within the District and Zones are as follows:
• Zone 1: Clean Streak Car Wash located at 4888 E. Florida • Zone 2: Esplanade Commercial Center located at Esplanade Ave. and west of State St.

District 50 (Guaranty Bank, The Promenade Shopping Center, Tanya on Broadway, Hemet Center for Medical Excellence, and the Commercial Center at Sanderson Ave. and Devonshire Ave.) – The District

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

8 consists of five commercial developments that are placed into five individual Zones. The locations of the developments to be included within the District and Zones are as follows:
• Zone 1: Guaranty Bank is located south of Florida Ave. at the intersection with Cawston Ave. • Zone 2: The Promenade Shopping Center is located at the northeast corner of Florida Ave. and Myers Ave.
• Zone 3: Tanya on Broadway is located on the north side of Tanya Ave., 150 feet west of Sanderson Ave.
• Zone 4: Hemet Center for Medical Excellence is located on the south side of Stetson Ave., 475 feet east of Cawston Ave.
• Zone 5: Commercial Center is located on the southwest corner of Sanderson Ave. and Devonshire Ave.

District 51 (Salvation Army) – The District consists of a single commercial development which is located south of Acacia Ave., north of Central Ave. and East of Palm Ave.

District 52 (Seven Hills Senior Apts.) – The District consists of a single commercial development which is located west of Lyon Ave., and generally east of Sanderson Ave. and north of Domenigoni Parkway, within the City of Hemet.

District 54 (Habitat for Humanity) – The District consists of a single residential development which is located north of Latham Ave. and west of Tahquitz Ave.

District 55 (Sahara) – The District consists of a single commercial development which is located west of Palm Ave., south of Oakland Ave. and east of Hamilton Ave.

District 101 (AP North Lake Solar) - The District consists of a single commercial development which is located west of Sanderson Ave. and south of Acacia Ave.

District 102 (Oak Tree Plaza) - The District consists of a single commercial development which is located west of Cornell St. and north of Florida Ave.

District 104 (Tractor Supply Company) - The District consists of a single commercial development which is located east of Cawston Ave., south of Florida Ave. and north of Acacia Ave.

District 105 (Les Schwab Tires) - The District consists of a single commercial development which is located east of Cawston Ave., south of Florida Ave. and north of Acacia Ave.

District 106 (Hemet Auto Mall) Zone A and Zone B - The improvements maintained for this commercial development are located on the east side of Warren Rd., south of Auto Blvd. and north of Whittier Ave.

District 107 (Marana) - The improvements maintained are located on the south side of Johnston Ave. west side of San Jacinto Street and Shelly Lane.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

9 District 109 (Airway Place) - The improvements maintained for this commercial development are located on Airway Pl. and the north side of Wentworth Dr., east of Cawston Ave. and west of Scaramella Cl. This district is Dormant.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

10 PART II – METHOD OF APPORTIONMENT
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which provide a special benefit to parcels within the District. This includes the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for landscape use, and appurtenant facilities. The 1972 Act further provides that assessments may be apportioned upon all assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or parcel from the improvements rather than assessed value. “The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements” ”(Section 22573 of the 1972 Act).

The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by the Districts to fairly apportion the costs based on the estimated benefit to each parcel.

In addition, Article XIII D of the California Constitution (“Article”) requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the City must separ ate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on the public at large, including real property within the Districts. The general enhancement of property value does not constitute a special benefit.

General Benefit
The total benefit from the works of improvement is a combination of the special benefits to the parcels within the Districts and the general benefits to the public at large a nd to adjacent property owners. The portion of the total streetlight servicing costs associated with general benefits will not be assessed to the parcels in the Districts, but will be paid from other funds. Because the streetlights are located immediately adjacent to properties within the Districts and are maintained solely for the benefit of the properties within the Districts. No benefit is received by properties outside of the Districts. As a result, no property is assessed in excess of the reasonable cost of the proportional special benefit conferred on that property.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

11 Special Benefit
The servicing of streetlights provides direct and sp ecial benefit to those properties located within the Districts.

Streetlights are installed to provide better visibility for drivers. One hundred percent of the illumination from the lights is directed to the street, ninety percent on the street side of th e curb and ten percent behind the curb. The spacing of the lights is based on the design speed of the street and the natural ability of the motorists’ eyes to adjust to light and dark areas.

Each and every lot or parcel within the Districts receives a part icular and distinct benefit from the improvements over and above general benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels. In order to create or develop the parcels, the City required the original developer to install and/or guarantee the maintenance of the improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the Districts could not have been developed in the absence of the installation and expected maintenance and servicing of these facilities.

In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the Districts because of the nature of the improvements. The servicing of streetlights, and appurtenant facilities, especially benefits parcels within the Districts by increasing public safety, improving neighborhood property protection, reducing property -related crimes (especially vandalism), increasing public safety for both pedestrians and the motoring public, and increasing traffic safety by improving visibility. Streetlights also assign rights -of-way for the safety of pedestrians and motorists by defining a specific path of travel during all hours of the day.

Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and overhead utilities. These elements are a distinct and special benefit to all developed parcels in the Districts. Stree tlights are installed on and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.

Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.

The system of streets within the Districts is established to provide access to each parcel in the Districts.

Streetlights provide a safer street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within the Districts, there would be no need for a

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

12 system of streets with streetlights. Therefore, the installation of streetlights is for the express, special benefit of the parcels within the Districts.

The spacing of streetlights in residential areas allows for the potential of parcels with greater front footage to have a greater number of streetlights available to them. Residents with more front footage therefore have more of their parcel lighted at night, providing a safer and secure environment. Residential parcels also benefit from the lighting in commerci al areas to some degree by having the commercial areas available to them for necessary services in the evening hours. Without streetlights, these commercial areas might not remain open after dark.

The increase in the number and intensity of lights available in the commercial areas of the Districts directly benefits commercial parcels by providing a safer nighttime environment for both employees and customers and allowing commercial businesses to provide nighttime hours of operation. Streetlights also provide greater security for businesses which may close early in the day and which do not have the benefit of visible customer activity at night. Additional streetlights also act as a draw for potential customers that might not frequent the establishment if it were not for the added safety provided by the streetlights.

Based on the benefits described above, streetlights are an integral par t of the quality of life within the Districts. This quality of life is a special benefit to the owners of parcels that are not government-owned easements, utility easements, or flood channel parcels. Government -owned easement, utility easement and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such parcels. Parcels of this na ture are usually vacant narrow strips of land or flood control channels and therefore do not generate or experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels, they do not receive any benefit from streetlights and are not assessed.

Special Benefit of Streetlight Maintenance Districts Authorized Improvements and Services:
• Enhanced deterrence of crime such as vandalism and other criminal activities which would reduce damage to improvements or property
• Improved visibility to assist police in the protection of property • Increased nighttime safety on roads and streets by reducing nighttime accidents and personal property loss
• Improved traffic circulation
• Improved ability to see for pedestrians and motorists • Improved visibility for ingress to and egress from the property

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

13 Methodology
Original Districts
The assessments are based on the Unit of Benefit (UOB). A UOB is defined as an increment of the front linear footage of the particular parcel classification. Accordingly, parcels with greater front linear footage will have a proportionally higher number of UOBs. Since the factors that determine benefit consist of the spacing and intensity of streetlights, the UOBs will then be based on a factor related to the spacing of lights and lighting intensity based on the parcel classifications.

A residential parcel has a standard unit, which determines the benefit proportions based on the spacing of street lights as discussed in the General Description of Improvements and Services section of this Report. An equivalent frontage of commercial property would have an assessment rate of 2.42 times the residential rate (170 feet spacing divided by 70 feet spacing = 2.42). However, because the streetlights in commercial areas have a direct benefit to residences as well, the rate for commercial parcels can be reduced to 1.5 times the residential rate. Therefore, based on a front linear footage determination, each commercial/industrial parcel’s UOB will be 1.5 times an equivalent residential parcel’s UOB.

Each parcel in the District, regardless of land use, is assessed based on the parcel’s front linear footage.

Front footage is defined as the width of the parcel immediately abutting a City street, with the following exceptions:
• Corner parcels where the shorter of the two sides immediately abutting dedicated City streets will be considered the parcel’s front footage
• Cul-de-sac parcels where the width of the parcel measured 50 feet back from the property line immediately abutting a dedicated City street will be considered the parcel’s front footage As detailed above, the benefit of st reetlights to adjacent properties comes from many factors, which relate to the flow of vehicular and pedestrian traffic in relation to the parcel’s use. Since the benefit is related to land use, there should be distinct classifications of land use, which w ill be used to determine individual assessments.

Assessments proposed for individual lots within the District will be determined based upon the following four land classifications:
• Residential parcels are those lots having at least one residential structur e on them with a lot frontage of 120 feet or less. They are assigned one UOB per front linear foot up to 120 front linear feet.
• Rural parcels are those lots having at least one residential structure on them with a lot frontage over 120 feet. The maximum as sessment frontage for rural parcels will be 120 feet. Therefore, rural parcels are assigned 120 UOB per lot.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

14 • Agricultural parcels are those lots having no residential structures on them and with a frontage in excess of 120 feet. Agricultural parcels are as signed zero UOB until such time as the parcel develops.
• Commercial/Industrial parcels are those lots that are not classified as residential, rural, or agricultural and are assigned 1.5 UOB per front linear foot with no limit in front linear footage used in calculation of assessment.

The following table summarizes the four land use classifications and UOB assigned to each.

Land Use Category Assigned UOB
Residential 1.0 UOB/Front Linear Foot; 120 feet Max
Commercial/Industrial 1.5 UOB/Front Linear Foot
Agricultural 0.0 UOB
Rural 120 UOB/Lot

Subsequent Districts and Annexations
With the exception of Districts 49, 50 - 52, 55, 101 -102, 104-106 and 109 each of the Districts formed subsequent to the formation of the Original Districts consist of single-family residential parcels, which all receive a unique and special benefit from the improvements. Due to their similarity in location, use, and proximity to the improvements, all parcels within a particular District will be assessed at the same assessment rate calculated for that District. Therefore, each parcel in each of these Districts is assessed for the special benefits of streetlights maintained in its respective District, and only that District, and will be assigned one UOB or Unit and charged the same per UOB/Unit rate as any other parcel in that District.

For the Districts formed after 1999, the maximum assessment rates are subject to a cost of living increase as explained further in Part III. Please refer to Appendix A for the District Budgets and the Maximum Levy Rate per Unit.

For Districts 49, 50 - 52, 55 and 101, assessments are made on the basis of a UOB, with a UOB defined as an increment of the front linear footage of the particular parcel classification. These commercial parcels will be assigned 1.50 UOBs per front linear foot with no limit in front linear footage.

For Districts 102 Oak Tree Plaza, 103 Redline Express Car Wash, 104 Tractor S upply Company, 105 Les Schwab Tires, 106 Hemet Auto Mall (Zone A and Zone B) and 109 Airway Place, assessments are made on the basis of a UOB, with a UOB defined as an increment of the acreage of the particular parcel classification. In converting Commercial/Industrial properties to EBUs, the factor used is the City of Hemet average single family residential density of 2.58 dwelling units per acre (as derived from the City of Hemet 2030 General Plan, Table 2.3 - Development Capacity, dated Januar y 24, 2012 (Hemet General Plan) .

Therefore, the Commercial/Industrial parcels, including institutional uses, will be assigned 2.58 EBUs per acre.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

15 Currently, there are three parcels located in District 49 with a total of 772.00 feet of commercial front linear footage. Applying the UOB formula, with a UOB defined as an increment of the front linear footage of the particular parcel classification, results in a total UOB count of 1,158 for District 49. Once the costs associated with District 49 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, there are 27 parcels located in District 50 with a total of 8,763.38 feet of commercial front linear footage. Applying the UOB formula, with a UOB defined as an increment of the front linear footage of the particular parcel classification , results in a total UOB count of 13,145.05 for District 50. Once the costs associated with District 50 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, District 51 is composed of a single parcel with a total of 1,246.97 feet of commercial front linear footage. Applying the UOB formula, with a UOB defined as an increment of the front linear footage of the particular parcel classification , results in a total UOB count of 1,870.46 for District 51. Once the costs associated with District 51 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, there are 7 parcels located in District 52 with a total of 1,382.55 feet of commercial front linear footage. Applying the UOB formula, with a UOB defined as an increment of the front linear footage of the particular parcel classification , results in a total UOB count of 2,073.82 for District 52. Once the costs associated with District 52 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, there are 2 parcels located in District 55 with a total of 1,186.72 feet of commercial front linear footage. Applying the UOB formula, with a UOB defined as an increment of the front linear footage of the particular parcel classification , results in a total UOB count of 1,780.08 for District 55. Once the costs associated with District 55 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, District 101 is composed of a single parcel with a total of 2,400.00 feet of commercial front linear footage. Applying the UOB formula, with a UOB defined as an increment of the front linear footage of the particular parcel classification , results in a total UOB count of 3,600.00 for District 101. Once the costs associated with District 101 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

16 Currently, District 102 is composed of a single parcel of 1.08 acres. Applying the UOB formula, with a UOB defined as an increment of the acreage of the particular parcel classification, results in a total UOB count of 2.79 for District 102. Once the costs associated with District 102 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, District 104 is composed of a single parcel of 2.79 acres. Applying the UOB formula, with a UOB defined as an increment of the acreage of the particular parcel classification, results in a total UOB count of 7.20 for District 104. Once the costs associated with District 104 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, District 105 is composed of a single parcel of 1.13 acres. Applying the UOB formula, with a UOB defined as an increment of the acreage of the particular parcel classification, results in a total UOB count of 2.92 for District 105. Once the costs associated with District 105 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, District 106, Zone A and Zone B (Hemet Auto Mall), is composed of five parcels of 15.79 acres.

Applying the UOB formula, with a UOB defined as an increment of acreage of the particular parcel classification, results in a total UOB count of 36.66 for District 106. Once the costs associated with District 106 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel.

Currently, District 107 (Marana) is composed of eight single family parcels. Each parcel in this District will be assigned one UOB.

Currently, District 109 (Airway Place) is composed of seven parcels of 15.54 acres. Applying the UOB formula, with a UOB defined as an increment of acreage of the particular parcel classification, results in a total UOB count of 40.09 for District 109. Once the costs associated with District 109 are determined, the costs are divided by the total UOBs to determine the rate per UOB. Each parcel’s assessment is based on the calculated rate per UOB multiplied by the assigned UOBs of that parcel. For Fiscal Yea r 2022-23, District 109 will not be levied because the streetlight improvements are not yet completed.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

17 PART III – COST ESTIMATE
The cost estimate contains each of the items specified in Section 22569 of the Landscaping and Lighting Act of 1972.

The 1972 Act provides that the estimated costs of the improvements shall include the total cost of the improvements for the entire fiscal year, including incidental expenses, which may include operating reserves.

The 1972 Act also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed on the lots or parcels within the Districts is the total cost of installation, maintenance, and servicing with adjustments either pos itive or negative for reserves, surpluses, deficits, and/or contributions.

Allowable Inflationary Adjustments
It is recognized that the cost of maintaining the improvements may increase slightly every year as a result of inflation.

The Districts that make up the original 27 districts do not include a cost of living adjustment factor. For Fiscal Year 2022-23, no change in assessment rates or per parcel assessments are proposed for the Original Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1, 18, 19, 19-1, 19-2, 19-3, 19- 6, 19-7, and 19-10. The current rate is $0.98 per front linear foot for residential/rural parcels and $1.47 per front linear foot for commercial/industrial parcels in the Original Districts.

With the exception of Districts 101-102, 104-106 and 109, all Post-1999 Districts include a cost of living adjustment factor for increasing assessments each fiscal year to offset increases in costs due to inflation, which will be limited by a not -to-exceed rate of four percen t per fiscal year. This adjustment factor complies with Government Code Section 54954.6(a) and was adopted by the City Council as approved by the property owners when they were balloted for their assessments.

Districts 101-102, 104-106 and 109 include a cost of living adjustment factor for increasing assessments each fiscal year to offset increases in costs due to inflation, by the greater of four percent (4%) or the cumulative percentage increase in the Consumer Price Index for all Urban Consumers for (“CPI-U”) for the Riverside County - San Bernardino County - Ontario California Standard Metropolitan Statistical Area (“Index”) published by the Bureau of Labor Statistics of the United States Department of Labor. The annual CPI-U adjustment will be based on the cumulative increase, if any, in the Index as it stands in March of each year over the base Index year. For Fiscal Year 2022-23, the increase is 4%.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

18 If the budget and assessments for a given District require an increase greater than the adjustment set forth, then the proposed increase would be subject to the procedural requirements of Section 4 of Article XIII D.

District Budgets
The specific budgets of the Original Districts and each of the Post-1999 Districts are included in Appendix A.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

19 PART IV – ASSESSMENT DIAGRAMS
The District’s Assessment Diagrams are voluminous and are filed in the office of the City Clerk and are by reference herein made a part of this Report.

If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current fiscal year, a corrected parc el number and/or new parcel number(s) will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if any parcel has changed subsequent to the date of this Report, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

20 PART V – ASSESSMENT ROLLS
A list of the Assessor’s Parcel Numbers from the preliminary County Roll and the proposed Fiscal Year 2022-23 assessment for parcels within the boundaries of the Districts that meet the special benefit methodology described in Part II.

The District’s Assessment Rolls are voluminous and are filed in the office of the City Clerk and are by reference herein made a part of this Report.

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Engineer’s Report
Streetlight Maintenance Districts
City of Hemet
Fiscal Year 2022-23

21 APPENDIX A – DISTRICT BUDGETS
The following pages contain the Fiscal Year 2022-23 Streetlight Maintenance District Budgets for the Districts with a brief description of line items listed on the District Budgets which can be found on the last page of Appendix A.

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DISTRICT DESCRIPTION ORIGINAL DISTRICTS STONEY MTN HEARTLAND PARKHILL PACIFIC GREEN ORCHARD DISTRICT NO. 19-4 19-5 19-PHR 20A 20B
COUNTY FUND NO. 68-2405 (1)(3) & 68-2407 (2)(3) 68-2393 68-2391 68-2408 68-8613 68-8606 CITY ACCOUNT NO. 225-8250, 0113 227-8266, 0108 227-8265, 0107 227-8260, 0101 227-8263, 0104 227-8262, 0103 TRACT/PARCEL MAP NO. MULTIPLE TR 29129 TR 28286-9,
-10, & -11 TR 28555 TR 25168

DIRECT EXPENSES
Street Lighting - Utilities 290,000 4,015 1,500 10,650 900 1,580 Labor Costs 75,000 2,121 7,980 3,848 880 1,186 Repayment for FY 18/19 Pole LED Retrofit
Maintenance and Operations (Total) 145,500 2,095 8,056 7,249 5,937 5,815 Maintenance and Operations (Allocated) - 82 310 149 34 46 Service Contract and Administration Costs (Effec FY 22-23) 32,121 1,013 1,746 2,100 403 269 Maintenance and Operations (District Specific) 113,379 1,000 6,000 5,000 5,500 5,500 Direct Expenses Subtotal $510,500 $8,231 $17,536 $21,747 $7,717 $8,581

ADMINISTRATION EXPENSES
Personnel/Overhead (Net of Estimated Interest) 131,900 $5,098 $19,185 $9,251 $2,116 $2,851 Professional Fees (Net of Estimated Interest) 12,400 $600 $2,259 $1,089 $249 $336 Miscellaneous/County Fees 7,379 $357 $839 $499 $255 $280 Administration Expenses Subtotal $151,679 $6,056 $22,284 $10,839 $2,620 $3,467

COLLECTIONS/(CREDITS) APPLIED TO LEVY
Total Fiscal Year 2022-2023 Direct and Administrative Expenses $662,179 $14,287 $39,819 $32,587 $10,337 $12,049 Capital Reserve Collection(5)/(Transfer) - Proposed $150,824 $1,388 ($13,302) $29,731 ($2,713) ($2,927) Operating Reserve Funds Collection/(Transfer) $0 $0 $0 $0 $0 $0 Other Revenue / General Fund Collection/(Transfer) $0 $0 $0 $0 $0 $0 Total Adjustments $150,824 $1,388 ($13,302) $29,731 ($2,713) ($2,927) BALANCE TO LEVY FISCAL YEAR 2022-2023: $813,003 $15,675 $26,517 $62,318 $7,624 $9,122

DISTRICT STATISTICS
Total Parcels 16,062 390 1,600 704 161 220 Total Parcels Levied 15,992 388 1,460 704 161 217 Total Units 1,002,386.41 388.00 1,460.00 704.00 161.00 217.00 2022-2023: Levy Rate per Unit $0.81 $40.40 $18.16 $88.52 $47.35 $42.04 2022-2023: Maximum Levy Rate per Unit (6) $0.98 $107.37 $116.13 $95.77 $116.13 $116.13 Total Assessment Allowable $982,338.68 $41,659.56 $169,549.80 $67,422.08 $18,696.93 $25,200.21 Prior Year 2021-2022: Levy Rate per Unit $0.81 $40.41 $18.23 $88.53 $45.56 $40.43 Prior Year 2021-2022: Total Levy $813,003.53 $15,675.20 $26,517.40 $62,318.08 $7,331.94 $8,771.14 DISTRICT FUNDS:

Estimated Reserve Fund Beginning Balance 7/1/2022 $246,845 $11,092 $29,198 $27,956 $7,624 $8,909 2022-2023: Reserve Fund Adjustments 0 0 0 0 0 0
Anticipated Reserve Balance 6/30/2023 $246,845 $11,092 $29,198 $27,956 $7,624 $8,909 Beginning CIP Fund Balance 7/1/2022 $1,004,720 $40,282 $189,726 $69,512 $24,591 $39,169 2022-2023: CIP Fund Adjustments 150,824 1,388 (13,302) 29,731 (2,713) (2,927) Anticipated CIP Balance 6/30/2023 $1,155,544 $41,671 $176,424 $99,244 $21,878 $36,243 Estimated Percentage of Improvements Maintained 100% 100% 100% 100% 100% 100% HISTORICAL RATES:

Fiscal Year 2021-2022 $0.81 $40.41 $18.23 $88.53 $45.56 $40.43 Fiscal Year 2020-2021 $0.98 $52.38 $18.21 $88.54 $45.55 $40.43 Fiscal Year 2019-2020 $0.98 $50.37 $25.99 $85.14 $45.55 $40.43 Fiscal Year 2018-2019 $0.98 $50.37 $25.99 $81.75 $45.55 $40.43 Fiscal Year 2017-2018 $0.98 $39.86 $24.79 $78.71 $39.31 $32.92 Fiscal Year 2016-2017 $0.98 $38.68 $26.60 $51.33 $39.97 $34.02 Fiscal Year 2015-2016 $0.98 $38.68 $26.60 $51.33 $39.97 $34.02 Fiscal Year 2014-2015 $0.98 $37.49 $27.27 $50.90 $38.56 $34.06 Fiscal Year 2013-2014 $0.98 $0.00 $0.00 $44.00 $0.00 $0.00 Fiscal Year 2012-2013 $0.98 N/A N/A $54.36 N/A N/A
Fiscal Year 2011-2012 $0.98 N/A N/A $48.94 N/A N/A
Fiscal Year 2010-2011 $0.98 N/A N/A $9.12 N/A N/A
Fiscal Year 2009-2010 $0.98 N/A N/A N/A N/A N/A
Fiscal Year 2008-2009 $0.98 $59.61 $59.61 $53.18 $57.32 $57.32 Fiscal Year 2007-2008 $0.98 $57.32 $57.32 $51.13 $55.12 $55.12 Fiscal Year 2006-2007 $0.98 $55.12 $55.12 $49.16 $53.00 $53.00 Fiscal Year 2005-2006 $0.98 $53.00 $53.00 $49.69 N/A N/A Notes
(1) Fund Number 68-2405 consists of Districts 1, 2, 3, 4, 5 ,6 ,7 ,8 ,9, 9-1, 10, 11, 12, 13, 14, 15, 16, 17, 17-1 & 18.
(2) Fund Number 68-2407 consists of Districts 19, 19-1, 19-2, 19-3, 19-6, 19-7 & 19-10. (3) The levy rates for these Districts are not per Unit/parcel, but are apportioned per Unit as defined by each parcel's front footage.(4) Includes Guaranty Bank commercial site, Hemet Center for Medical Excellence, Tanya on Broadway, Commercial Center at Sanderson Ave. and Devonshire Ave., and The Promenade Shopping Center. (5) For the periodic repair/replacement of streetlights and related equipment. (6) There is an allowable 4% inflator applied to Maximum Levy Rate with exception to the Original Districts and Districts 101-102 and 104-105. Districts 101-102 and 104-107 have an inflator factor of the greater of 4% or the cumulative percentage increase in the consumer price index. (7) Dormant District
(8) The levy rates for this Commercial District is not per unit/parcel, but are apportioned per unit as defined by the parcel's front linear footage.
(9) District not levied for fiscal year 2020/21 due to improvements not being completed. (10) The levy rates for these Commercial Districts are not per unit/parcel, but are apportioned per unit as defined by each parcel's acreage.

Slight variances due to rounding.