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(c) Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement, and shall use such skill, prudence, and diligence as other members of Contractor’s profession commonly possess and exercise. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractors work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS.
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
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SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will, perform nonrelated services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other
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than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Contractor. As provided under Civil Code Section 2782.8, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, liabilities, damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") to the extent same arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, its officers, agents, employees or sub-consultants (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of professional services under this Agreement. In the event Claims are found by the trier of fact to have been caused by the joint or concurrent negligence of the City, its contractors and other Contractors, and Contractor, damages and expenses from both indemnity and duty to defend obligations shall be borne by each party in proportion to its negligence.
Notwithstanding the foregoing, in the event one or more defendants are unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Contractor shall meet and confer with other parties regarding unpaid defense costs. The provisions of this section pertaining to Contractor’s duty to defend shall not apply if
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there is a project-specific general liability policy of insurance that insures all project participants for general liability exposure on a primary basis and also covers all Contractors involved with the project for their legal liability arising out of their professional services on a primary basis.
(b) Indemnification from Sub-consultants. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, sub-contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section. (c) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
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SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. (e) City may suspend all or any portion of Contractor’s performance under this Contract at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City must first give ten (10) days’ written notice to Contractor of such suspension. City will pay to Contractor a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension.
City may rescind the suspension prior to or at six (6) months by providing Contractor with written notice of the rescission, at which time Contractor would be required to resume performance in compliance with the terms and provisions of this Agreement.
Contractor will be entitled to an extension of time to complete performance under the Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively
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thirty (30) days, but may be extended, though not reduced, if circumstances warrant.
During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section
20. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Hemet
Attn: City Manager
445 E. Florida Avenue
Hemet, CA 92543
To Contractor: Lilburn Corporation
Attn: Cheryl A. Tubbs
1905 Business Center Drive
San Bernardino, CA 92408
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
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SECTION 25. AUTHORITY TO EXECUTE.
The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Hemet Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C," is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF HEMET, CALIFORNIA AND LILBURN CORPORATION IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF HEMET
___________________________
Eddie Pust
Police Chief, Acting City Manager
ATTEST:
CITY CLERK
___________________________
APPROVED AS TO FORM:
CITY ATTORNEY
____________________________
SERVICE PROVIDER
By:
Its:
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EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform to the satisfaction of the City the following Services:
a. Prepare an Initial Study (IS)/Mitigated Negative Declaration (MND) and conduct a third-party peer review of technical studies prepared in behalf of the applicant AMCO, LLC.
b. Review the project per City’s Climate Action Plan.
c. Prepare transmittal notices pursuant to SB 18 and AB 52 requirements, responding to comments from affected tribes, and conducting consultation meetings, as necessary. d. Prepare a notice of Intent to Adopt a MND
e. Perform all required CEQA postings and noticing.
f. Attend at least two public hearing. Provide staff support during public meetings as needed, including responding to Planning Commission inquiries regarding the technical analysis in the IS.
g. Attend meetings with Planning staff as necessary.
h. Prepare the Notice of Determination.
TECHNICAL STUDIES REVIEW AND PREPARE
a. The following studies have been prepared by the applicant’s consultant. These studies shall be peer reviewed and utilized in the CEQA document review. i. Air Quality
ii. Biological Habitat Assessment and Western Riverside County MSHCP Consistency Analysis
iii. Greenhouse Gas Emissions
iv. Phase I Environmental Assessment Report (ESA)
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v. Preliminary Drainage Study
vi. Preliminary Water Quality Management Plan (WQMP)
vii. Noise
viii. Geotechnical Report
a. The following studies have not been prepared by the applicant’s consultant and shall be prepared by the consultant or their sub-consultant as necessary and shall be utilized in the CEQA document for preparation. i. Cultural & Paleontology
ii. Traffic Study
PROJECT DELIVERABLES
a. All CEQA public notices required in MSWord
b. Three (3) printed and bound copies and one (1) electronic copy of the Administrative Draft IS/MND.
c. Three (3) printed and bound copies and one (1) electronic copy of the Final Draft IS/MND and all appendices.
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EXHIBIT "B"
COMPENSATION
I. Contractor shall use the following rates of pay in the performance of the Services:
III. The total compensation for the Services shall not exceed Fifty-Six Thousand Two Hundred and Sixty Dollars ($56,260) as provided in Section 4 “Compensation and Method of Payment” of this Agreement.
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EXHIBIT "C"
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).
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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.
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.
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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.
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.
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PROPOSAL TO PROVIDE
CEQA CONSULTING SERVICES
FOR THE
DELFINA AT DEVONS IRE
MIXED USE DEVELOPMENT PROJECT
VOLUME I: TECHNICAL PROPOSAL
Submitted to:
City of Hemet
Attn: Procurement
445 East Florida Avenue
Hemet, CA 92543
Submitted by:
L
CORPORATION
1905 Business Center Drive
San Bemardino, CA 92408
May 27, 2022
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BU
May 27, 2022
Ms. Candace Sunds, Procurement Administrator
City of Hemet
Attn: Procurement
445 E. Florida Avenue
Hemet, CA 92544
SUBJECT: Proposal for CEQAConsulting Services for Del?na at Devonshire Dear Ms. Sunds
Lilbum Corporation has prepared this proposal in response to the City's Request for Proposal (RFP) dated May 11, 2022 to provide environmental consulting services for a mixed use development project in the City. The project consists of a 60-unit Apartment Complex and a Gas Station Convenience Store and Carwash. Approval of the project includes approval of a General Plan Amendment, a Speci?c Plan Amendment, a Parcel Map, a Conditional Use Permit, and Site Development Review.
Additionally, a California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration (IS/MND) will need to be approved by the City. The purpose of this proposal is to provide a scope of work, schedule, and cost to peer review certain studies submitted by the Applicant to the City, prepare other technical studies and an IS/MND, prepare all required Notices, attend public hearings, and provide staff support for hearings.
Lilbum Corporation has been providing similar services throughout the Inland Empire since 1989.
Our fnm has the necessary expertise and available staff to conduct peer reviews, prepare CEQ documents, assist staff in preparing staff reports and responding to questions during public hearings. A Our team for this project includes subconsulting firms that we have worked with for over 20 years to prepare a Cultural/Paleontological Report, Geotechnical Report, and Traf?c Study.
Since July 2019, we have completed thirteen (13) IS/MNDs for Gas Station/C-Store/Carwash projects; and a mixed use project in Victorville that included a Gas Station/C-Store/Carwash, other commercial and professional of?ce uses, and 376 Apartment units. We are currently working on a mixed use project in Beaumont that includes a Gas Station/C-store, Carwash, Restaurants, and other Retail; and a mixed use project in Bloomington that includes a Gas Station/C-Store/Carwash and a Hotel.
We are available to begin work approximately three weeks following receipt of a Professional Services Agreement and have no con?icts of interest in performing this work under contract to the City. Please let me know if you have any questions or need additional clari?cation regarding our proposed scope of services, cost, or schedule.
Sincerely,
Cheryl A. Tubbs
Vice President
0 .8’!/'uI¢1q/‘rI’/an/u'n_g'& Iiu\'irm1I;wIIIzI/ S¢'r\'i< ¢'\' CORPORATION
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PROPOSAL FOR CEQA DOCUMENTS
DELFINA AT DEVONSHIRE MIXED USE PROJECT
Approach and Methodology
The City of Hemet is requesting the services of an environmental consulting ?rm to prepare and process a California Environmental Quality Act (CEQA) document for a proposed mixed use project to be located on a vacant 5-acre property at the northwest corner of Sanderson and Devonshire Avenues. The Applicant, Amco Fuels, LLC proposes the development of an apartment complex with 60 units, and a convenience store with gas station and express carwash. Entitlements will include among others, a General Plan Amendment, Specific Plan Amendment, and Conditional Use Permit to allow for the proposed uses. The Project Site is surrounded primarily by residential and commercial uses as well as a church.
Our methodology for peer review of the Applicant's studies; preparation of technical studies, a CEQAInitial Study, and public review noticing; and assistance in and attendance at public hearings, as requested in the City’s RFP is described herein. Our scope of work will lead to the completion of CEQAcompliance for the City’s consideration of adopting a Mitigated Negative Declaration and approval of the project.
Our overall approach is summarized below. Following this summary, the tasks required are described in detail.
CI Meet with City and Applicant to Review Proposed Project Prepare a Comprehensive Project Description for use in the Initial Study Peer Review Applicant’s Technical Studies (up to eight) for CEQAadequacy; ensure Proposed Project and its GHG Study are compliant with City's Climate Action Plan Prepare a Cultural & Paleontology Report, and Traf?c Study El Prepare Notices in compliance with SB 18 and AB 52, respond to tribes, and assist City with consultation
Prepare Draft Initial Study and Mitigation Monitoring and Reporting Program (MMRP) Finalize Initial Study and MMRP
Prepare required CEQAnotices including Notice of Intent (NOI), Notice of Completion (NOC) and SCH Summary Form
Cl Submit Notices to State Clearinghouse electronically and produce and Circulate Initial Study as directed by City
Review and Discuss Comments Received on Document; prepare or assist City staff with Responses
El
Prepare Mitigated Negative Declaration for City adoption Meet with City staff as necessary
Attend minimum of two (2) public hearings to support City staff Prepare and ?le Notice of Determination (NOD) with the Riverside County Clerk of the Board
UEIEID Page 44 of 50
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and Paleontol art
PROPOSAL FOR CEQA DOCUMENTS
DELFINA AT DEVONSHIRE MIXED USE PROJECT
TASK 1: MEET WITH PROJECT APPLICANT AND CITY; REVIEW PROPOSED
PROJECT AND OBJECTIVES
The purpose of this task is to collect and review all pertinent background data necessary to conduct the enviromnental analysis. It will be necessary to obtain suf?cient design detail and site disturbance information to conduct an adequate environmental evaluation. We will review the Site Plan, Grading Plan, and Landscape Plan, as well as the project objectives. Any focused technical studies provided to the City by the Applicant will be obtained during the meeting for peer review and incorporation into the Initial Study.
TASK 2: DEVELOP PROJECT DESCRIPTION
In this task we will prepare a CEQAProject Description for use in the Initial Study and for reviewing and preparing the technical reports. The Project Description will be developed in cooperation with City staff and the Applicant. The Project Description will include a summary of the project as proposed, a discussion of the existing conditions of the site and vicinity, a discussion of the site plans, and graphics. The graphics prepared for use in the Initial Study will be based in part on exhibits prepared to date by the project designers and engineers. Lilbum Corporation will review the Applicant’s architectural renderings for adequacy in portraying changes in the visual character of the site. We will photograph the site to document surrounding land uses and current site conditions. Final approval of the Project Description will be provided by the City.
TASK 3: PEER REVIEW APPLICANT-SUBMITTED STUDIES
The City of Hemet will provide Lilbum Corporation with technical studies (as listed in City’s RFP) that will be prepared by the Applicant. Most studies will be reviewed in-house with the exception of the Biological Habitat Assessment/MSHCP Consistency Analysis which will be reviewed by Karen Kirtland, President - Natural Resources Assessment, Inc., the Noise Study which will be reviewed by Roma Stromberg INCE, Ganddini Group, Inc., and the Preliminary Drainage Study and Preliminary WQMPwhich will be reviewed by J.T. Stanton, P.E., Joseph E. Bonadiman and Associates. Lilbum Corporation will provide the City with peer review memos summarizing results of the reviews and documenting any need to revise the studies for accuracy or CEQ adequacy. A
TASK 4: PREPARE TECHNICAL STUDIES
A Cultural Resources Investigation will be prepared by Brian F. Smith & Associates (BFSA) under subcontract to Lilburn Corporation. The study will be prepared to comply with CEQA.BFSA will conduct research to address the history of the area and the potential for identifying prehistoric and/or historic cultural resources. Data will be obtained from the Eastern Information Center at the University of California, Riverside. Property history will be researched through the U.S. Bureau of Land Management General Land Of?ce records, the Riverside County Archives, and local historical society information. The records search will include a one-mile radius around the
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PROPOSAL FOR CEQA DOCUMENTS
DELFINA AT DEVONSHIRE MIXED USE PROJECT
project site. They will complete literature, archival, and cartographic research of relevant documents and publications pertaining to the prehistory and history of the study area.
As part of the cultural resources study, our staff paleontologist will review any pertinent paleontological information for available records data. The paleontological review will be geared to consider any potential constraints to grading associated with fossil deposits that might be encountered during grading.
BFSA will contact the Native American Heritage Commission (NAHC) to request a Sacred Lands File search and a list of Native American Tribes that may have interest in the Project Site. Upon receiptof the interested tribes list from the NAHC, project scoping letters will be sent to the tribes, apprising them of the proposed project and requesting their input. The data will also be used for the City’s completion of consultation required for compliance with SB 18 and AB 52. The list of interested tribes and data research records will be submitted to the City.
The ?eld survey will be conducted in a manner necessary to assess the presence/absence of sur?cial evidence of cultural resources and/or paleontological specimens. If resources are identi?ed, they will be recorded on the appropriate forms for submittal to the State. Two technical reports will be prepared to a CEQAlevel in the event these documents are eventually submitted to the County. The archaeological and paleontological reports will provide the results of the previous studies, the updated record searches, data from ?eld surveys, and NAHC consultation. For the purposes of this proposal, we will assume that the cultural resources report will be negative.
Findings will be incorporated into the CEQAInitial Study.
Traf?c Study
A Trip Generation and Screening Assessment for Level of Service (LOS) and Vehicle Miles Traveled (VMT) report will be prepared by Ganddini Group, Inc. under subcontract to Lilbum Corporation. A formal traf?c study scoping document will be submitted to City staff for review and approval prior to commencement of a full traf?c analysis. Ganddini will calculate the proposed project's trip generation based on the Institute of Transportation Engineers (ITE) Trip Generation Manual (1 1”‘Edition, 2021) including existing, internal capture, pass-by, total proposed, and net trip generation.
In the absence of City-established guidelines, they will assess the need to prepare a transportation study with level of service (LOS) analysis based on the established screening criteria outlined in the County of Riverside Transportation Analysis Level of Service/ Vehicles Miles Traveled, December 2020. Based on preliminary review, the proposed project is anticipated to satisfy the Vehicle Miles Traveled (VMT) screening criteria established by the County for small projects and for local-serving retail and therefore a detailed VMT analysis is not anticipated or included in this scope. Ganddini will document results of VMT screening review in a memorandum which will be incorporated into the Initial Study to comply with CEQAGuidelines Section 15064.3.
Based on the project-related trip generation and trip distribution patterns; Ganddini will establish the recommended study area intersections to be impacted based on the City’s traf?c study guidelines. They will identify known cumulative development projects and ambient growth
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PROPOSAL FOR CEQA DOCUMENTS
DELFINA AT DEVONSHIRE MIXED USE PROJECT
patterns, and prepare a draft of the traf?c study scoping assumptions and submit it to the City for review and approval. Follow-up meetings/conference calls will be held with the City until a conclusion isreached regarding the need for and the ?nal scope of a Traf?c Impact Analysis (TIA).
They will conduct a ?eld review of vehicular facilities serving the study area, including study intersection traf?c control devices, study intersection lane con?gurations, study roadway segment through travel lanes, as well as bicycle, pedestrian, and transit facilities in the project vicinity.
The City of Hemet General Plan performance standards will be documented, as well as study area roadway classi?cations, bicycle and pedestrian master plans, as applicable. Ganddini will obtain new intersection turning movement counts on a typical weekday (Tuesday, Wednesday, or Thursday) during the peak commute periods (7:00 - 9:00 AM and 4:00 - 6:00 PM) at the study area intersections.
They will research information for other pending/approved development projects from the City of Hemet (and neighboring jurisdictions, if necessary) and assign other development trips to the study area. If the other development list substantially exceeds 25 projects, a work amendment may be requested.
Weekday AM/PM peak hour traf?c volume forecasts will be developed for each of the analysis scenarios. Traf?c volume forecasts will be developed based on the buildup methodology by adding ambient growth, other development trips, and project trips to existing traf?c volumes. Year 2040 traf?c volume forecasts will be obtained from the current Riverside County Transportation Model (RIVCOM). Ganddini Group will perform post-processing procedures to calculate the growth increment between the base year model volumes and the Year 2040 forecast model volumes to be added to current year traf?c volumes. Weekday AM and PM peak hour link volumes will be converted to turning movement volumes using the “b-tums” program. Year 2040 With Project conditions will be determined by manually adding project trips to the baseline Year 2040 forecast.
Ganddini will analyze intersection Levels of Service at the study area intersections and project driveways for each analysis scenario based on the Highway Capacity Manual (6th Edition) intersection delay methodology in accordance with parameters and guidelines established by the City of Hemet. Analysis calculations will be performed using the Vistro software. They will assess project impacts and identify improvements or corrective measures necessary to maintain the performance standards established by the City of Hemet. If necessary, the project’s share of new traf?c to be added to study intersections or roadway segments for which improvements have been identi?ed will be calculated.
If necessary, they will assess the need for installation of a traf?c signal at unsignalized study intersections operating at de?cient Levels of Service based on the California Manual on Uniform Traf?c Control Devices peak hour volume graphs (Warrant 3). A work amendment may be requested if additional signal warrants are required to be evaluated.
Ganddini will review stopping sight distance and intersection sight distance at the project driveways in accordance the American Association of State Highway and Transportation Of?cials
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N011‘ and C‘ ation
PROPOSAL FOR CEQA DOCUMENTS
DELFINA AT DEVONSHIRE MIXED USE PROJECT
(AASHTO) A Policy on Geometric Design ofHighways and Street (7th Edition, 2018) [“AASHTO Greenbook”]. They will review left turn lane storage length requirements for the following key movements providing project site access: 1) Sanderson Avenue at Devonshire Avenue, northbound and southbound left turn lanes; and 2) Project Driveway at Devonshire Avenue, southbound left turn lane.
A technical report will be prepared that incorporates the methodology, ?ndings, and all supporting calculations and assumptions. The ?nal report will be signed and stamped by a Registered Traf?c Engineer in the State of California.
TASK 5: PREPARE INITIAL STUDY, MMRP & NOTICES
Based on the ?ndings of the technical studies prepared and reviewed, and the information contained in the Project Description, we will prepare an Administrative Draft Initial Study to evaluate all potential environmental impacts associated with the proposed project. We will utilize the City’s current format for an Initial Study. The Initial Study will include mitigation measures for any identi?ed signi?cant or potentially signi?cant impacts, and supporting documentation as required. We will incorporate relevant and available information from the site visit and the technical studies.
Lilbum Corporation will address all CEQAand City-required environmental resource areas. We will summarize and incorporate the ?ndings of all technical studies provided to us. We will assist Planning staff with identifying and/or re?ning any necessary mitigation measures that would result from the City’s consultation with local Native American Tribal Governments. Mitigation measures would be incorporated as necessary into the Initial Study to address potential impacts during the Project’s construction phase.
Lilbum Corporation will submit the Administrative Initial Study electronically for the City’s review. The City will then provide comments/revisions to Lilburn Corporation. Following completionof the review by staff, we will revise the document as necessary and prepare a ?nal draft Initial Study. We will also prepare a Mitigation Monitoring and Reporting Program (MMRP) to include mitigation measures identi?ed. The MMRP will be circulated as part of the Initial Study.
The City may conduct a ?nal review before determining the document is ready to release for public review.
2 Upon approval of the Initial Study, Lilbum Corporation will prepare notices for the City to conduct a 30-day public review. Our cost estimate includes the preparation of the Notice of Intent (NOI) and circulating to local agencies and interested parties including Native American tribes. We will be responsible for circulating the document electronically to the State Clearinghouse along with the Notice of Completion and Summary Form for Electronic Submittal. The City will use the N01 to prepare and publish the public notice in the newspaper with local circulation in Hemet, and we will post the NOI with the County Clerk.
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PROPOSAL FOR CEQA DOCUMENTS
DELFINA AT DEVONSHIRE MIXED USE PROJECT
TASK 6: FINAL DOCUMENTS
Upon completion of the public review process, we will discuss any comments received with City staff and determine appropriate responses and prepare letters for the City to submit to the commenters. Our cost assumes no more than ?ve letters will be received and none from attorney’s of?ces. Lilbum Corporation would discuss with the City any substantive changes that should be made to the project or the Initial Study as a result of the comments received. We will also update the MMRP as necessary in consideration of any public input that results in City changes to mitigation measures.
Lilbum Corporation will prepare the Notice of Determination (NOD) and upon City approval, we will ?le the notice with the County Clerk of the Board. The Applicant will provide a check for the applicable NOD and any other notice ?ling fees that are required.
TASK 7: PROJECT MANAGEMENT & MEETINGS
Throughout the project, coordination with the City will be regularly initiated to discuss results of analyses, obtain additional information as necessary, resolve any contract administrationissues, and provide scheduleupdates. We will attend a kick-offmeeting and will participate in regular conference calls if directed.
Lilbum Corporation will attend a staff meeting to discuss the ?nal CEQAdocument and ?ndings prior to public hearings scheduled with the Planning Commission (PC) and City Council. Our Fee Proposal includes attendance at two public hearings; additional meetings would be attended at the per meeting cost presented.
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PROPOSAL FOR CEQA DOCUMENTS
DELFINA AT DEVONSHIRE MIXED USE PROJECT
Project Schedule
The schedule presented below would provide for adoption of a Mitigated Negative Declaration and ?ling a Notice of Determination approximately eight months following the date of a Notice to Proceed (NTP) and assuming all Applicant-provided technical studies will be received withi 6 weeks of the NTP. This assumes that changesto the project proposal are not made after wenbegin work. The schedule for the completion is however ?exible and may be modi?ed depending on a number of factors including the amount of time the City will need to review the submittals and provide input, and the number of comments received on the Draft Initial Study.
Estimated durations for each of the major tasks identi?ed in our Scope of Work are shown on the following schedule. We are committed to meeting these targets assuming no constraints to the schedule occur that are outside of our control. All personnel that will be assigned to this project have the capabilities to perform the work and their present workload has been accounted for in the schedule provided herein.
Project Schedule for CEQAConsulting Services
Delfina at Devonshire Mixed Use Pro ect
Duration
Tasks (calendar davs)
Site Visit, Kick-off Meeting 1
Prepare CEQAProject Description 3 days following
Site Visit
City Approval of Project Description 10 days
PeerReview Focused Studies 2 weeks
Applicant Provides Revised Studies (if necessary) 2 weeks Prepare Noise Study (based on City-Approved TIA)
Prepare Administrative Draft Initial Study (incl. AQ/GHG 45 days Analysis, LESA, and MMRP (daysfromAuthorization to
Proceed and receipt ofall FINAL Applicant studies)
City Review of Administrative Draft Initial Study & MMRP 10 days Prepare 2"“Version of Administrative Draft Initial Study 10 - 12 days City Review and Comment; Compilation of Draft IS & MlV[RP 12 days for Public Review
Print Copies of IS for Noticing/Circulation 2 days
Public Review Period 30 days
Prepare Draft Responses to Comments 5 — 10 days
City Review of Responses to Comments 2 days
Prepare Final Responses to Comments 2 days
Public Hearings (PC and City Council)
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 12 2022
Department: Finance
Submitted by: Eddie Pust, Acting City Manager
Lorena Rocha, Finance Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 1999-1 Heartland Project, Authorizing the Levy of A Special Tax in Community Facilities District 1999-1
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 1999-1 Heartland Project, Authorizing the Levy of a Special Tax in Community Facilities District 1999-1.
BACKGROUND:
The City established Community Facilities District No. 1999-1 on August 5, 1999, for the purpose of financing the cost of the construction and acquisition of certain street improvements, including landscaping, drainage facilities, utilities, fees, and other eligible costs. Two bonds were issued in August 2001 and November 2002. Those two bond issues were refinanced with a single new bond issue for $14,350,000 in June 2006, and thus provided savings to the homeowners in the district.
ANALYSIS:
Each year a special tax is required to be levied to cover the costs of the district’s debt service, administrative costs, and (if necessary), the replenishment of the reserve funds. This maximum special tax applicable for all classifications of taxable property are as follows: Undeveloped Property, $6,200/Net Taxable Acre; Non-Conforming Developed Property, $6,200/Net Taxable Acre; Conforming Single-Family Property, $800/Per Residential Unit; Conforming Multi-Family Property, $600/Per Residential Unit. The levy of the special tax will be equal on all parcels of taxable property, up to 100% of the maximum special taxes until it has levied the amount necessary to satisfy the special tax requirement for the fiscal year.
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The maximum special tax for the district levy has been calculated by the City’s consultant, Harris & Associates, to be $1,025,398. However, the special tax requirement is only $764,067.96, which is a decrease of (.17%) from last year’s levy of $765,384.78.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
There is no direct fiscal impact on the City of Hemet. Special taxes received are used to make annual bond issue payments.
ATTACHMENT(S):
Attachment 1: HEARTLAND CFD CFD No 1991-1 FY22-23 Resolution Attachment 2: CFD1999-1_FY22-23_BudgetFINAL
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CITY COUNCIL RESOLUTION BILL NO. 22-_____
CFD NO. 1999-1 Heartland Project
Fiscal Year 2022-2023
1 2
3 4 CITY OF HEMET
5 Hemet, California
6 RESOLUTION BILL NO. 22-___
7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
9 HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
10 LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
11 NO. 1999-1 HEARTLAND PROJECT, AUTHORIZING THE LEVY
12 OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT
13 1999-1
14 15 WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities 16 District No. 1999-1 Heartland Project, created pursuant to the Mello-Roos Community Facilities 17 District Act of 1985, as amended (the “Act”); and
18 19 WHEREAS, the City Council of the City of Hemet has enacted Ordinance No. 1641 in 20 accordance with Government Code Section 53340 authorizing the levy of a special tax 21 assessment on the property located within the CFD; and 22 23 WHEREAS, the City Council has completed all steps necessary to levy a special tax 24 assessment in accordance with procedures set forth in the act:
25 26 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hemet, acting as the 27 legislative body for the Community Facilities District 1999-1 Heartland Project as follows:
28 29 SECTION 1. Each of the above recitals is true and correct. 30 31 SECTION 2. Pursuant to the provisions of Resolution Bill No. 22-_____ and City of Hemet 32 Ordinance No. 1641, there is to be levied an aggregate special tax of $764,067.96 on the 33 parcels which comprise the CFD for Fiscal Year 2022-2023 as set forth in an electronic format 34 acceptable to the Auditor-Controller of the County by Harris & Associates. 35 36 SECTION 3. The special tax levy set forth above does not exceed the amount previously 37 authorized by City of Hemet Ordinance No. 1641, and is not in excess of the amount previously 38 approved by the qualified electorate of the CFD.
39 40 SECTION 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the 41 costs for the following items:
42 43 A. Payment of principal and interest on the outstanding authorized bonded indebtedness. 44 45 B. Replenishment of the required bond reserve funds, or other reserve funds, if necessary. 46 47 C. Payment of administrative costs and incidental expenses of the CFD. 48
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CITY COUNCIL RESOLUTION BILL NO. 22-_____
CFD NO. 1999-1 Heartland Project
Fiscal Year 2022-2023
1 The proceeds of the special tax levy shall be used as set forth above, and shall not be used for 2 any other purpose.
3 4 SECTION 5. The Auditor-Controller of the County is hereby directed to enter the installment of 5 the special tax for the exact rate and amount of the special tax levied in accordance with this 6 resolution for each lot or parcel of land affected in a space marked “CFD No. 1999-1 Heartland 7 Project” on the next County assessment roll on which taxes will become due. 8 9 SECTION 6. The County Auditor-Controller shall, at the close of the tax collection period, 10 promptly render the CFD a detailed report showing the amounts of the special tax installments, 11 penalties, interest and fees collected and from which properties they have been collected. Any 12 expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall 13 be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 14 29304 of the Government Code.
15 16 SECTION 7. The City Clerk shall certify adoption of the resolution. 17 18
19 20
21 PASSED, APPROVED, AND ADOPTED this 12th day of July, 2022. 22 23
24 25 Malcolm Lilienthal, Mayor
26 27
28 ATTEST: APPROVED AS TO FORM:
29 30
31 32 John Maier, City Clerk Stephen Graham
33 City Attorney
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CITY COUNCIL RESOLUTION BILL NO. 22-_____
CFD NO. 1999-1 Heartland Project
Fiscal Year 2022-2023
1 2 State of California )
3 County of Riverside )
4 City of Hemet )
5 6 I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution is 7 the actual resolution adopted by the City Council of the City of Hemet and was passed at a 8 regular meeting of the City Council on the 12th day of July, 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
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2022-2023 Budget
City of Hemet
Delinquency Rate for Fiscal Year 20/21 as of 6/2021 1.00% Delinquency Rate for Fiscal Year 21/22 as of 6/2022 1.00% Projected Number of Parcels to Levy 1,209
Series 2006
Principal Amount of Bonds Outstanding as of Sept 2022 $5,345,000.00 Interest due 03/01/23 $126,146.25
Interest due 09/01/23 $126,146.25 $252,292.50
Principal due 09/01/23 $490,000.00
Total Debt Service Due for Fiscal Year $742,292.50
Reserve Fund Requirement - Series 2006 $745,637.50
Projected Reserve Fund Balance - Series 2006 $274,142.25 Reserve Fund Surety Bond $474,371.25
Deficit (Surplus) ($2,876.00) ($2,876.00)
Reserve Adjustment $0.00 $0.00
Total Debt Service and Reserve Adjustment $739,416.50
Current Year
Levy
Fiscal Agent $4,200.00
Tax Consultant $13,796.00
Auditor-Controller 87.23 (1) $87.23
Projected Auditor-Controller (per Parcel enrollment fee) 0.22 (1)(3) $265.98 Projected Treasurer/Tax Collector (per Parcel fee) 0.25 (4) $302.25 Arbitrage Rebate Calculations $0.00
Disclosure Services $0.00
City Administration $6,000.00
Levy Rounding $0.00
Total Administration $0.00 $24,651.46
Total Debt Service and Reserve Adjustment $739,416.50
Total Administration $24,651.46
Prior Year Deficit (Surplus) ($64,285.29)
City Adjustment (2) $64,285.29
Total Special Tax Requirement $764,067.96
Administration Percentage of Special Tax Requirement 3.23% Total Maximum Special Tax as of August 2022 $1,025,398.00 FY 2022-23 Allowable Special Tax Levy $841,923.26
City's Percentage of Levy 0.79%
Total Levy for Fund No. 68-2399 $764,067.96
Prior Year Levy (Final Accepted) $765,384.78
Difference ($1,316.82) -0.17%
(1) Auditor-Controller fixed charge fees
(2) Surplus to be used for future bond calls.
(3) .22 =.11 submittal & .11 for rejects
(4) Treasurer-Tax Collector fixed charge fees
CFD 1999-1 (Heartland)
Special Tax Requirement Computation
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ACCOUNT FUNDS
BALANCE AVAILABLE
Fund/Account As of 4/30/22 FOR SEPT P & I
Special Fund (1) $301,563.06 $301,563.06
Interest Account $0.00 $0.00
Principal Account $3.01 $3.01
Extraordinary Reserve $0.00
Reserve Fund Cash Balance $274,142.25
Reserve Fund Surety Bond $474,371.25
Administrative Account $0.00
Project Fund $0.00
Prepayment Fund $0.00 $0.00
Total Funds Available $301,566.07
Special Tax Fund Balance $301,566.07
Anticipated Collection $378,865.47
Subtotal $680,431.54
Funds Needed for Sept. P & I $616,146.25
Surplus/(Deficit) $64,285.29
Other Sources:
Reserve Fund Total $748,513.50
Reserve Fund (Cash Balance) $274,142.25
Reserve Fund (Surety) $474,371.25
Total of Avail. Sources $748,513.50
2022-2023 Budget
City of Hemet
CFD 1999-1 (Heartland)
Account Balances
(1) Balance includes funds designated for future bond calls.
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 12 2022
Department: Finance
Submitted by: Eddie Pust, Acting City Manager
Lorena Rocha, Finance Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of the City Council of the CIty of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District (CFD) No. 2021-02 (Heritage Pointe), Authorizing the Levy of a Special Tax for Community Facilities District No. 2021-02 (Heritage Pointe) for Fiscal Year 2022-2023, and Authorizing the Finance Director to Establish Revenue and Expenditure Appropriations in Support of the CFD
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the CIty of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District (CFD) No. 2021-02 (Heritage Pointe), Authorizing the Levy of a Special Tax for Community Facilities District No. 2021-02 (Heritage Pointe) for Fiscal Year 2022-2023, and Authorizing the Finance Director to Establish Revenue and Expenditure Appropriations in Support of the CFD.
BACKGROUND:
On January 25, 2022, the City Council passed Resolution 2022-012 (Resolution of Formation) to create CFD No. 2021-02 (Heritage Pointe). CDF 2021-02 (Heritage Pointe) includes Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights, landscaping in the City rightof-way, fencing and basins/stormwater facilities not located in Special Tax Area B. Special Tax B provides funding for maintenance of the 5 parks and park facilities. Maintenance of the Special Tax B improvements are the responsibility of the Property Owner’s Association which entered into a Dormancy Agreement with the City on December 14, 2021. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until, the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner’s Association to a standard acceptable to the City. The CFD is projected to include 299 single family units at buildout, The District was formed pursuant to provisions of the “Mello Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California in order to fund costs and expenses of services as follows.
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A. Street light maintenance to be financed including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD.
B. Landscape maintenance to be financed, including streetscape, fencing, monuments and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.
C. Park maintenance to be financed, including maintenance of landscaping and park facilities. Park facilities may include, but is not limited to, play structures, public gathering spaces, multi-purpose tables and shade structures, signage and lighting, trash and recycling receptacles, barbeque areas and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection.
D. Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/WQMP/BMP related devices. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation, fencing and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repairing or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
E. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD.
F. All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.
DISCUSSION:
In order to receive funding for the District, the City Council must adopt an annual Resolution authorizing the levy of a special tax for the District.
For FY 2022-2023 the total proposed levy for Special Tax A is $89,749.00 which reflects 199 new building permits. Special Tax B is dormant at this time and will not be taxed in FY 2022-2023.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
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Objective 1: Operate in a financially sustainable manner.
FISCAL IMPACT:
The revenue from this special tax is deposited into the CFD 2021-02 (Heritage Pointe) Fund 229 and is used to pay for costs and expenses of services rendered as listed above. Both the revenue and expense budgets will be established should Council approve the Resolution. There is no anticipated impact on the general fund in FY 2022-2023. Approval of the actions set forth in this staff report does not in any way commit the City to any financial contribution or liability by CFD No. 2021-02 (Heritage Pointe).
ATTACHMENT(S):
Attachment 1: CFD 2021-02 (Heritage Pointe) FY22_23 Levy Resolution
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CITY COUNCIL RESOLUTION NO. 22-_____
CFD NO. 2021-02 (Heritage Pointe)
Fiscal Year 2022-2023
1 2
3 4 CITY OF HEMET
5 Hemet, California
6 RESOLUTION NO. 22-___
7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
9 HEMET, CALIFORNIA, ACTING IN ITS CAPACITY AS THE
10 LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
11 NO. 2021-02 (HERITAGE POINTE), AUTHORIZING THE LEVY
12 OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 13 2021-02 (HERITAGE POINTE) FOR FISCAL YEAR 2022-2023
14 AND AUTHORIZING THE FINANCE DIRECTOR TO ESTABLISH
15 REVENUE AND EXPENDITURE APPROPRIATIONS IN
16 SUPPORT OF THE CFD
17 18 WHEREAS, the City Council of the City of Hemet is the legislative body for Community Facilities 19 District No. 2021-02 (Heritage Pointe) (hereinafter referred to as “CFD 2021-02” or “CFD”), 20 pursuant to the Mello-Roos Community Facilities District Act of 1982, as amended (the “Act”), 21 being Chapter 2.5 of the State of California Government Code; and 22 23 WHEREAS, the City Council approved a Resolution of Formation January 25, 2022, Resolution 24 No. 2022-012, to form CFD No. 2021-02 and enacted Ordinance No. 2022-1991 on February 8, 25 2022, in accordance with Government Code Section 53340 authorizing the levy of a special tax 26 assessment on the property located within the CFD; and 27 28 WHEREAS, the City Council has completed all steps necessary to levy a special tax assessment 29 in accordance with procedures set forth in the Act:
30 31 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hemet, acting as the 32 legislative body for the Community Facilities District 2021-02 (Heritage Pointe) as follows:
33 34 SECTION 1. Each of the above recitals is true and correct. 35 36 SECTION 2. Pursuant to the provisions of Resolution No. 2022-012 and City of Hemet Ordinance 37 No. 2022-1991, there is to be levied an aggregate special tax of $89,749.00 on the parcels which 38 comprise the CFD for Fiscal Year 2022-2023 as set forth in an electronic format acceptable to the 39 Auditor-Controller of the County by Harris & Associates. Each parcel’s special tax amount is 40 determined based on the Fiscal Year 2022-2023 special tax rates which are as follows:
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CITY COUNCIL RESOLUTION NO. 22-_____
CFD NO. 2021-02 (Heritage Pointe)
Fiscal Year 2022-2023
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Unit
FY 22-23 Max
Special Tax Per
Taxable Unit
1 - Single Family Residential Property D/U $451.00
2 - Multifamily Residential Property Acre $3,466.00
3 - Non-Residential Property Acre $3,466.00
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10 Special Tax B
11 Land Use Class Taxable
Unit
FY 22-23 Max
Special Tax Per
Taxable Unit
1 - Single Family Residential Property D/U $353.00
2 - Multifamily Residential Property Acre $2,714.00
3 - Non-Residential Property Acre $2,714.00
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14 SECTION 3. The special tax levy set forth above does not exceed the amount previously 15 authorized by City of Hemet Ordinance No. 2022-1991 and is not in excess of the rate previously 16 approved by the qualified electorate of the CFD.
17 18 SECTION 4. The proceeds of the special tax levy shall be used to pay, in whole or in part, the 19 costs for the following items:
20 21 A. Street light maintenance to be financed including energy charges, operation, maintenance 22 and administrative costs of streetlights within the boundaries of the CFD. 23 24 B. Landscape maintenance to be financed, including streetscape, fencing, monuments and 25 related facilities specifically identified within the CFD. The landscape maintenance may 26 include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, 27 trees, plants, irrigation and drainage systems, weed control and other abatements, 28 electricity, repair/replacement and inspection.
29 30 C. Park maintenance to be financed, including maintenance of landscaping and park 31 facilities. Park facilities may include, but is not limited to, play structures, public gathering 32 spaces, multi-purpose tables and shade structures, signage and lighting, trash and 33 recycling receptacles, barbeque areas and related facilities specifically identified within 34 the CFD. The landscape maintenance may include, but is not limited to, all landscaping
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CITY COUNCIL RESOLUTION NO. 22-_____
CFD NO. 2021-02 (Heritage Pointe)
Fiscal Year 2022-2023
1 materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, 2 weed control and other abatements, electricity, repair/replacement and inspection. 3 4 D. Maintenance, administration and inspection of the stormwater facilities and BMPs 5 including water quality basins and any other NPDES/WQMP/BMP related devices. The 6 maintenance may include, but is not limited to all landscaping materials such as turf, 7 ground cover, shrub, trees, plants, irrigation, fencing and drainage systems, weed control 8 and other abatements, lighting, electricity, repair/replacement and inspection. Inspection 9 is inclusive of scheduling, travel time, visual inspection process and procedures, GPS 10 location recording, reporting by device, annual reporting, visual inspection for functionality, 11 vegetated as designed, irrigation is complete and in working order, noting any of the 12 following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. 13 Maintenance is inclusive of repair or replacing any of the items noted as deficient or 14 needing to be corrected to not be deficient. Administration is inclusive of quality assurance 15 and control of inspection and maintenance, general contract administration, including 16 phone calls and procurement of goods and services.
17 18 E. Litter and graffiti removal on sound walls and other amenities, plus normal painting as 19 required, within the CFD.
20 21 F. All other services necessary or useful for, or in connection with, the authorized services 22 listed above, including building a reserve fund for replacement. 23 24 The proceeds of the special tax levy shall be used as set forth above and shall not be used for 25 any other purpose.
26 27 SECTION 5. The special tax for services shall be collected in the same manner as ordinary ad 28 valorem property taxes are collected and shall be subject to the same penalties and procedure, 29 sale, and lien priority in cases of delinquency as is provided for ad valorem taxes; provided, unless 30 another procedure has been authorized in the resolution of formation establishing the district and 31 adopted by the legislative body for each lot or parcel of land affected on the next County 32 assessment roll on which taxes will become due.
33 34 SECTION 6. The County Auditor-Controller shall, at the close of the tax collection period, 35 promptly render the CFD a detailed report showing the amounts of the special tax installments, 36 penalties, interest and fees collected and from which properties they have been collected. Any 37 expenses to be paid to the Auditor-Controller for carrying out the foregoing responsibilities shall 38 be in accordance with a contract entered into between the CFD and Auditor, pursuant to Section 39 29304 of the Government Code.
40 41 SECTION 7. The Finance Director is authorized to establish revenue and expenditure 42 appropriations in support of the CFD.
43 44 SECTION 8. The City Clerk shall certify adoption of the resolution. 45
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CITY COUNCIL RESOLUTION NO. 22-_____
CFD NO. 2021-02 (Heritage Pointe)
Fiscal Year 2022-2023
PASSED, APPROVED, AND ADOPTED this 12th 1 day of July, 2022. 2 3
4 5 Malcolm Lilienthal, Mayor
6 7
8 9 ATTEST: APPROVED AS TO FORM:
10 11
12 13 John Maier, City Clerk Steven Graham
14 City Attorney
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CITY COUNCIL RESOLUTION NO. 22-_____
CFD NO. 2021-02 (Heritage Pointe)
Fiscal Year 2022-2023
1 2 State of California )
3 County of Riverside )
4 City of Hemet )
5 6 I, John Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution is the 7 actual resolution adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the 12th 8 day of July, 2022 by the following vote:
9 10
11 AYES:
12 NOES:
13 ABSTAIN:
14 ABSENT:
15 16
17 18
19 John Maier, City Clerk
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22 23
24 25
26 27
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 12 2022
Department: Public Works
Submitted by: Eddie Pust, Acting City Manager
Charles Russell, Public Works Operations Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:
A Resolution of The City Council of The City Of Hemet, California, Approving the First Amendment to The Agreement for Landscape Maintenance Services with Adame Landscape, Inc. And Authorizing the Acting City Manager to Execute The Agreement And Authorizing the Acting City Manager to Approve Purchase Orders in Support of the Amendments And Authorize the Finance Director to Increase Revenue Projections in the Amount of $125,000 And Record a Supplemental Appropriation in the Amount of $50,000 for Additional Work
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Adopt a Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to the Agreement for Landscape Maintenance Services with Adame Landscape, Inc., updating the annual “not to exceed” compensation amount to $580,441.96; and
2. Authorize the Acting City Manager to execute the First Amendment to the Agreement for Landscape Maintenance Services with Adame Landscape, Inc.; and
3. Authorize the Acting City Manager to approve purchase orders for additional work from $50,000 to $100,000 and for Maintenance Services from $430,660 to $480,441.96; and
4. Authorize the Finance Director to increase revenue projections for Turf Removal and Irrigation Conversion Rebates in the amount of $125,000, and record a supplemental appropriation in the amount of $50,000 in LLMD fund 225 for additional work related to Turf Removal and Irrigation Conversion.
BACKGROUND:
On September 22, 2020 the City Council approved a three (3) year agreement with Adame Landscape, Inc. (Adame), to perform landscape maintenance services throughout the City of Hemet Landscape Maintenance Districts (LMDs). At that time, Council authorized the City Manager to execute the agreement for services effective October 1, 2020, through September 30, 2023, for an annual amount of $430,660 for landscape maintenance and up to $50,000 annually for additional work, with a total contract amount not to exceed $1,441,982 for the three (3) year term. Two one-year extensions are available for staff to consider upon completion of the first three (3) year term.
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Adame has provided consistent service and continues to be responsive to all irrigation repairs and corrective service requests. A strong factor contributing to their ability to provide such service is that they have employees that are very familiar with the City of Hemet. A recent count indicated that Adame has fifty (50) employees that are residents of the City of Hemet.
ANALYSIS:
Approval of the First Amendment would update the overall Agreement compensation not-to-exceed amount to $1,604,208. The breakdown of this total is as follows:
Category First Year Second Year Third Year Total
Services $430,660 $443,106 $480,442 $1,354,208
Extra Work $50,000 $100,000 $100,000 $250,000
Full Agreement Not-To-Exceed Compensation: $1,604,208
DISCUSSION:
Summary of First Amendment Updates:
Adame has requested a 5% increase to their pricing due to the following factors:
1. Minimum Wage Increases: The minimum wage rate has increased from $13 per hour to $15 per hour since 2020. Adame has struggled to find individuals to work for minimum wage and has been forced to pay a minimum of $17 per hour plus a $700 signing bonus for new employees.
2. Fuel Costs: Since 2020, fuel costs have increased by approximately 40%.
3. Equipment Costs: Since 2020, equipment purchases and rental costs have increased by approximately 30%.
4. Materials & Supplies: Due to the global supply chain challenges, Adame has also been impacted by the rising cost of fertilizer, herbicides and pesticides.
5. COVID-19: Although COVID-19 has begun to subside, there are still the added costs for paid sick leave and family care.
Adjust the Mowing Schedule from Bi-weekly Service to Weekly Service Landscape Maintenance Districts (LMDs) 1 through 5, 7, 8, 9-1, 11, 15 through 19-6, 19-9, 23-1, 24, 42 and COH are currently being mowed on a bi-weekly basis. This past year it became apparent that bi-weekly mowing of the grass in these areas resulted in the grass becoming overgrown between services, which caused the areas to look unkept. Adjusting the mowing schedule to weekly mowing will result in a tidier appearance between services.
Additional Compensation for Extra Work Requested by the City The Public Works Department expects to complete additional turf removal, vegetation replacement and irrigation conversion projects in a number of landscape maintenance districts. In conjunction with the work of existing City Staff, the Additional Work Budget for a total "not-to-exceed" amount of $100,000 will be used to complete these projects.
Currently, to promote water conservation, MWD and EMWD are offering rebates to assist with the cost of turf removal and irrigation conversion projects. The Public Works Department will be submitting rebate applications to MWD and EMWD for projects within City of Hemet LMDs. By converting these
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areas from turf to plants and spray irrigation to drip irrigation it is estimated that the City can cut water usage by 30 to 40%. Once these projects are complete, there will also be a savings on maintenance cost because the locations will decrease from weekly service to bi-weekly service. It is important to keep in mind that these projects will not impact all maintenance districts, meaning some will continue to require weekly mowing service.
These projects will consist of turf removal, planting and irrigation conversions that are eligible to receive rebates from MWD’s Public Agency Turf Replacement Program and EMWD’s CII & Multi-Family Drip Rebate Program. Upon completion of the projects, the City will receive a rebate of $3 per square foot from MWD and an additional $.50 per square foot (not to exceed $25,000 per water meter) from the EMWD Drip Rebate Program. It is estimated that the City will qualify for up to $125,000 in Rebates.
Being that the financial support mechanism for these projects are LMD's with assessments intended for maintenance, moving forward will require a supplemental appropriation of $50,000 as requested above. The rebates from MWD and EMWD will be used to reimburse for the cost of the turf removal, vegetation replacement and irrigation conversion projects.
Staff is now recommending that City Council approve a First Amendment to Agreement for Landscape Maintenance Services with Adame Landscape, Inc. to increase the landscape maintenance cost and unit pricing by 5%, to increase mowing services in districts 1 through 5, 7, 8, 9-1, 11,15 through 19-6, 19-9, 23-1, 24, 42 and COH from bi-weekly to weekly, and to increase the annual additional work not to exceed amount to $100,000.
PREVIOUS COUNCIL ACTION:
City Council Approved the Agreement for Landscape Maintenance Services with Adame Landscape on September 20, 2020.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
FISCAL IMPACT:
No General Fund Impact. Increased costs for Adame Landscape services are funded through the LMD FY 22/23 budget and the proposed $50,000 supplemental appropriation in Fund 225.
Rebates from the Turf Buy-Back Program and CII Multi-Family Drip Rebate Program are expected within 90 days of project completion. Extra work and turf replacement maintenance may be requested by the City on a case-by-case basis and will only be approved if unencumbered landscape maintenance district funds are available.
REVIEWED BY LEGAL:
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☒ Staff report ☒ Resolution
☐ Ordinance ☒ Agreement
ATTACHMENT(S):
Attachment 1: Adame First Amendment Resolution
Attachment 2: First Amendment to Agreement
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City of Hemet Resolution No. 2022-xxx
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING THE FIRST
AMENDMENT TO THE AGREEMENT FOR
LANDSCAPE MAINTENANCE SERVICES WITH
ADAME LANDSCAPE, INC. AND AUTHORIZING THE
ACTING CITY MANAGER TO EXECUTE THE
AGREEMENT AND AUTHORIZING THE ACTING CITY
MANAGER TO APPROVE PURCHASE ORDERS IN
SUPPORT OF THE AMENDMENTS AND AUTHORIZE
THE FINANCE DIRECTOR TO INCREASE REVENUE
PROJECTIONS IN THE AMOUNT OF $125,000 AND
RECORD A SUPPLEMENTAL APPROPIATION IN THE
AMOUNT OF $50,000 FOR ADDITIONAL WORK
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, on September 22, 2020 the City Council approved a three-year agreement with Adame Landscape, Inc. (Adame) to perform landscape maintenance services throughout the City of Hemet landscape maintenance districts; and WHEREAS, the annual not to exceed amount for landscape services was $430,660 and the annual not to exceed amount for additional work was $50,000; and WHEREAS, Adame has requested a 5% increase to their pricing due to the increasing cost of the minimum wage, fuel, equipment, materials and supplies; and WHEREAS, City staff has requested to adjust the mowing scheduled form biweekly service to weekly service at specific landscape maintenance districts and to increase the annual additional work “not to exceed” amount to $100,000 and to adjust the annual compensation of the agreement; and
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City of Hemet Resolution No. 2022-xxx
WHEREAS, funding for landscape maintenance services is available through approved FY 22/23 Landscape Maintenance District operating budgets and city staff will apply for turf removal and irrigation conversion grants offered by the Municipal Water District and Eastern Municipal Water District to contribute towards the costs of additional work; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. Incorporation of Recitals, The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2. City Council Actions.
a) The City Council approves the First Amendment to the Agreement for Landscape Maintenance Service with Adame Landscape Inc., updating the annual “not to exceed” compensation amount to $580, 441.96. b) The Acting City Manager, or his designee, is authorized and directed to execute the First Amendment to the Agreement for Landscape Maintenance Services with Adame Landscape, Inc.,
c) The Acting City Manager, or his designee, is authorized and directed to execute any purchase orders, agreements, or other documents necessary to increase Additional Work from $50,000 to $100,000 and Maintenance Services from $430,660 to $480,441.96,
d) The Finance Director, or his designee, is authorized to increase revenue projections in the amount of $125,000, and record a supplemental
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City of Hemet Resolution No. 2022-xxx
appropriation, in the amount of $50,000 in LLMD fund 225 for additional work related to Turf Removal and Irrigation Conversion.
SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on July 12, 2022.
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City of Hemet Resolution No. 2022-xxx
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022. ____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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City of Hemet Resolution No. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 12th day of July, 2022, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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FIRST AMENDMENT TO
LANDSCAPE MAINTENANCE SERVICES
by and between
the
CITY OF HEMET
and
ADAME LANDSCAPE, INC.,
a California Corporation
Dated July 12, 2022
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FIRST AMENDMENT TO LANDSCAPE MAINTENANCE SERVICES
This First Amendment to Landscape Maintenance Services (“First Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF HEMET, a California municipal corporation (“City”), and Adame Landscape, Inc., a California Corporation (“Contractor”), as follows:
RECITALS
A. City and Contractor entered in an agreement for Landscape Maintenance Services on September 22, 2020 (“Agreement”). The Agreement provides that Contractor will perform for City those Landscape Maintenance Services specified in Exhibit “A”.
B. Exhibit “C” of the Agreement provides that Annual Landscape Maintenance Services Shall Not Exceed $430,660.80 with a list of the unit pricing. The exhibit also states that additional work shall not exceed $50,000 annually.
C. This First Amendment amends Exhibit “C” to provide that Annual Landscape Maintenance Services Shall Not Exceed $480,441.96 and includes the updated unit pricing, while also increasing the additional work not exceed amount to $100,000 annually.
D. Exhibit “B” of the Agreement provides that districts 1 through 5, 7, 8, 9-1, 11, 15 through 19-6, 19-9, 23-1, 24, 42 and COH are to be serviced Bi-Weekly.
E. This First Amendment provides that districts 1 through 5, 7, 8, 9-1, 11, 15 through 19-6, 19-9, 23-1, 24, 42 and COH will be serviced weekly.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 Compensation. Exhibit “C” of the Agreement is hereby amended as follows:
Annual Landscape Maintenance Services Shall Not Exceed $480,441.96 Additional Work Shall Not Exceed $100,000 annually. Pricing for additional work requested by the City outside of the scope of services is to be quoted at Unit Pricing established through this agreement and noted below. No additional work shall commence prior to receipt of written approval from the City of Hemet.
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3 1.2 Schedule of Performance. Exhibit “B” of the Agreement is hereby amended as follows:
Districts 1 through 5, 7, 8, 9-1, 11, 15 through 19-6, 19-9, 23-1, 24, 42 and COH will be serviced weekly
GENERAL PROVISIONS.
1.3 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
1.4 Integration. This First Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
1.5 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Contractor.
1.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
1.7 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
CITY:
THE CITY OF HEMET
By:_________________________________
Eddie Pust, Acting City Manager
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4 ATTEST:
______________________________
John Maier, City Clerk
APPROVED AS TO FORM
______
Steven Graham, City Attorney
CONTRACTOR:
By:
Name:
Title:
By:
Name:
Title:
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 12 2022
Department: Administration
Submitted by: Eddie Pust, Acting City Manager
John Maier, City Clerk;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo - September 7-9, 2022
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Designate the Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo on September 7 - 9, 2022.
BACKGROUND:
The annual League of California Cities Conference and Expo will be hosted in Long Beach, California, on September 7 - 9, 2022. At this meeting, Cal Cities membership considers and accts on resolutions that establish Cal Cities policy.
ANALYSIS:
In order to vote at the Annual Business Meeting, the City of Hemet must designate a voting delegate.
Additionally, two alternate voting delegates who can vote in the absence of the voting delegate can also be designated.
DISCUSSION:
A voting delegate and alternates must be designated and reported to Cal Cities no later than Friday, September 2. Voting delegates and alternates must be registered to attend the conference. There is no requirement to be registered for the entire event; they may register for the Annual Business Meeting (during General Assembly) on Friday, September 9th only, if desired.
PREVIOUS COUNCIL ACTION:
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On the July 13, 2021, Regular City Council Meeting: Motion by Mayor Meyer, Second by Mayor Pro Tem Lilienthal, Carried 4-0, to designate Council Member Krupa as the voting delegate and Council Member Brown as the alternate for the League of California Cities Annual Conference and Expo on September 22 - 24, 2021.
STRATEGIC PLAN INTEGRATION:
GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
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.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
FISCAL IMPACT:
There is no fiscal impact associated with designating a voting delegate and alternates.
ALTERNATIVE(S):
Do not designate a voting delegate and alternates and provide direction to staff.
ATTACHMENT(S):
Attachment 1: Cal Cities Flyer Voting Delegate Form
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event and meeting golicx
copy of the council resolution that reflects the council action taken or have vour cimclerk or mayor sign the form
.Please note that desianatina the votina deleqate
and alternates must be done bv city council action and cannot be accomplished by individual action of the mayor or citv manaaer alone.
LEAGUE OF
CALIFORNIA
CITIES
Council Action Advised by August 31, 2022
DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATIONOF VOTING DELEGATESAND ALTERNATES
League of California Cities Annual Conference 8. Expo — September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo isscheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference isthe Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.
Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.
Please view Cal Cities’ in advance of the conference.
o Action by Council Required. Consistent with Cal Cities bylaws, a city's voting delegate and up to two alternates must be designated by the city council.
When completing the attached Voting Delegate form, please attach either a affirming that the names provided are those
selected by the city council
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration willopen by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. Thiswillenable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.
RECIIII 'I;'D
JUNl19Z2
Clerk's Ol?cu
1400 K Street, Suite 400, Socromenfo, CA 95814 - 916.658.8200 - co:lci’rIes.org
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Transferring Voting Card To Non-Designafed Individuals Nof Allowed. The voTing delegaTe card may be Transferred freely beTween The voTing delegaTe and alTernaTes, buT only beTween The voTing e and rnaTes. lfT Ting delegaTe and alTernaTes find Themselve To aTT The Busine efing, They may noT Transfer The voTing card To anoTher ciTy official. ing ocol during General As bly. ATThe Bu lvleeiing, ind uals The ng card willsiTin a sepa area. Admissi Thisarea will |imiTed To Those individuals wiTha special sTicker on Theirname badge idenTifying Them as a voTing delegaTe or a|TernaTe. ifThe voTing delegaTe and alTernaTeswish To siT Togefher, They musTsign in aTThe VoTing DelegaTe Desk and obTain The special sTickeron Theirbadges.
The VoTing DelegaTe Desk, locaTed in The conference regisTraTion area of The Long Beach ConvenTion Cenier, will be open aT The following Times: Wednesday, SepTember 7, 8:00 a.m. — 6:00 p.m.; Thursday, SepTember 8, 7:00 a.m. — 4:00 p.m.; and Friday, SepTember 9, 7:30 a.m.—l 2:30 p.m. The VoTing DelegaTe Desk will also be open aT The Business MeeTing on Friday, buT will be closed during roll calls and voTing.
The voTing procedures ThaTwill be used aT The conference are aTTached To Thismemo.
Please share These procedures and Thismemo wiThyour council and especially wiThThe individuals ThaTyour council designaTes as your ciTy's voTing delegaTe and alTernaTes.
Once again, Thank you for comple The voTing dele |TernaTe form reTurning if To Cal CiTies office by Fr , SepTember 2. quesTions, pl call Darla Yacub aT (916) 658-8254.
ATTachmenTs:
Annual Conference VoTing Procedures
VoTing DelegaTe/A|TernaTe Form
Street, Suife 400, Sacramento, CA 95814 - 916.658.8200 - co1ci’ries.org
17.A
LEAGUE OF
CALIFORNI
Annual Conference Voting Procedures
One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
Designating a City Voting Representative. Priorto the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the CalCities Credentials Committee.
Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they willreceive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.
Signing Initiated Re/solutionPetitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.
Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.
Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card willsit in a designated area. Admission willbe limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.
Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.
Street, Suite 400, Sacramento, CA 95814 - 916.658.8200 - <:c1IciTies.org
17.A
CITY;
Segtember 2
one voting delegate and up to two allernal
ail
erk
Please comgleie and reiurn by Friday Segtember 2 2022 to:
dyc:cub@ccJ|cifies.org
LEAGUE OF
Nome:
CITIES
(signature)
2022 ANNUALCONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate es.
To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. Thissticker can be obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Title:
2. VOTING DELEGATE- ALTERNATE 3. VOTING DELEGATE- ALTERNATE Name: Name:
Title: Title:
ATTACH COUNCIL RESOLUTIONDESIGNATINGVOTING DELEGATEAND ALTERNATESOR ATTEST:I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).
Name: Em
Mayor or City Cl Date Phone
(circle one)
Darla Yacub, Assistant to the Administrative Services Director E—mai|: ; Phone: (916) 658-8254
17.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 12 2022
Department: City Attorney
Submitted by: Eddie Pust, Acting City Manager
Steven Graham, Interim City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
Discussion and Possible Action on a Resolution of the City Council of the City of Hemet, California, Ordering the Submission to the Qualified Electors of the City of Hemet an Ordinance Extending Without Increase the City of Hemet Transactions and Use Tax Pursuant to Hemet Municipal Code Section 74- 136
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Discuss and take possible action on a Resolution of the City Council of the City of Hemet, California, Ordering the Submission to the Qualified Electors of the City of Hemet an Ordinance Extending Without Increase the City of Hemet Transactions and Use Tax Pursuant to Hemet Municipal Code Section 74- 136.
BACKGROUND:
The voters approved Measure U at the general election on November 8, 2016, which established the Hemet Transactions and Use Tax (while the name of the tax is Hemet Transactions and Use Tax, the remainder of this staff report will refer to the tax as Measure U) at a rate of one percent. While Measure U is a general tax that generates revenue capable of being expended on any general governmental purpose, the City Council contemporaneously adopted Resolutions 4703 and 4731, which allocated Measure U's revenues to police and fire services. Since approved, the City Council has allocated the revenue consistent with those resolutions, and a citizen oversight committee has conducted annual reviews of proposed and actual expenditures, which they report to the City Council. Measure U contained a ten-year sunset provision and will expire in 2026 unless the voters approve an extension.
On June 28, 2022, the City Council requested that staff add a future agenda item to remove Measure U's expiration.
ANALYSIS:
17.B
The proposed Resolution must be adopted by a 2/3 vote of the City Council. If approved, the Resolution will submit an indefinite continuation of Measure U to the voters of the City of Hemet, for the purpose of funding general governmental services, including but not limited to, public safety services such as police, fire, emergency medical services, and other essential government services.
The voters will be asked to approve the ordinance, which if adopted, would amend Hemet Municipal Code Section 74-136 to extend the voter-approved one percent Measure U indefinitely until further amended or repealed.
If the City Council approves the Resolution, the measure will appear on the ballot for the consolidated general municipal election on November 8, 2022, for consideration by the City's voters.
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.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
Objective 2: Provide resources for new businesses to enhance the customer service experience.
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 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
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 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
17.B
There will be a cost incurred by the City for adding another item to the ballot for the City, although the cost will be added to the existing costs of the already scheduled general municipal election. City staff has not yet received an estimate of the additional cost from the Registrar of Voters.
Measure U is projected to raise approximately $15,000,000 in revenue to the City for Fiscal Year 2022/23 based on the City's adopted budget. Of that, approximately 2/3 is allocated to Police services, and 1/3 is allocated to the Fire and EMS services. Measure U accounted for approximately 13.4% of the City's total FY 22/23 revenue. If not extended this revenue will cease during the Fiscal Year 26/27.
ATTACHMENT(S):
Attachment 2: Reso Taxes
Attachment 1: Ordinance Taxes
17.B
- 1 -
CITY COUNCIL RESOLUTION NO. 2022-XXX
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF
HEMET, CALIFORNIA,
ORDERING THE SUBMISSION
TO THE QUALIFIED ELECTORS
OF THE CITY OF HEMET AN
ORDINANCE EXTENDING
WITHOUT INCREASE THE CITY
OF HEMET TRANSACTIONS
AND USE TAX PURSUANT TO
HEMET MUNICIPAL CODE
SECTION 74-136
WHEREAS, a General Election on Tuesday, November
8, 2022 has been called by the Hemet City Council by
Resolution No. 2022-81, adopted June 14, 2022; and,
WHEREAS, pursuant to Election Code Section 9222,
the City Council may submit to the qualified electors of the City, without a petition therefor, a proposition by ordinance; and,
WHEREAS, a general tax measure imposed for
general governmental purposes, such as this Ordinance, is required to be approved by at least a two-thirds vote of the City Council; and,
WHEREAS, pursuant to Government Code Section
53723, the City Council desires to submit to the voters at the election a question relating to the continuation without
17.B
increase of the Hemet Transactions and Use Tax in the
amount and on the same terms as previously approved by the voters on November 8, 2016, and as set force in the proposed Ordinance No. 2001 attached hereto; and
WHEREAS, the City provides for police, fire, and
emergency medical services with the Hemet Transactions and Use Tax; and
WHEREAS, continued funding is essential to ensuring
public safety and timely emergency response;
WHEREAS, this measure continues without increase
previous voter-approved local funding which may be used for the general governmental purposes; and
WHEREAS, independent reviews of the expenditures
of the Hemet Transactions and Use Tax demonstrates it has been used for providing police, fire, and emergency medical services to the residents of the City of Hemet; and
WHEREAS, transparency, citizen oversight, and public
review are continually provided regarding the receipt and expenditure of funds raised by the Hemet Transactions and Use Tax.
NOW, THEREFORE, CITY COUNCIL OF THE CITY
OF HEMET DOES HEREBY FIND AND RESOLVE AS
FOLLOWS:
SECTION 1. Incorporation and 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.
17.B
SECTION 2. City Council Actions
a) This Resolution shall take effect immediately upon its adoption by the City Council.
b) The City Council, pursuant to its rights and authority, does order submitted to the voters at the General
Municipal Election to be held on November 8, 2022 the
following question:
HEMET TRANSACTIONS AND USE TAX Yes
CONTINUATION MEASURE. To continue
providing general governmental revenues
which are used for public safety services,
including but not limited to, police, fire, and
emergency medical services, and other
essential government services, shall
Ordinance No 2001 be adopted continuing
without increase the existing, voter-approved
one percent Hemet Transactions and Use
Tax which provides approximately
$15,000,000 annually, until ended by the
voters?
No
c) The text of the “Hemet Transactions and Use Tax
Continuation Measure” shall be submitted to the voters
of the City of Hemet is attached as Exhibit “A” hereto
and dated July 12, 2022. The City Clerk shall maintain
a copy of the Measure and the proposed Ordinance
and shall make the same available for public inspection upon request.
17.B
d) Pursuant to Section 10403 of the Elections Code, the City Council hereby requests the Board of Supervisors
and Registrar of Voters of the County of Riverside to
consolidate the ballot measure with the general
election to be held on November 8, 2022.
e) The City Council authorizes the City Manager or his
designee to pay all election expenses related to this
Measure.
f) The City Clerk is hereby directed to file this Resolution with the Board of Supervisors and Registrar of Voters
of the County of Riverside, on or before the deadline
set by the Registrar of Voters for inclusion on the ballot for November 8, 2022.
g) In all particulars not recited by this Resolution, the election shall be held and conducted as provided by
law for holding municipal elections, including but not
limited to those provisions of Elections Code Section
10418.
h) The notice of the time and place of holding the election is given and the City Clerk is authorized and directed to give such further notice in time, form, and manner
required by law.
i) In accordance with Elections Code Sections 9282(b)
and 9283, arguments for or against the Measure, not
exceeding 300 words in length and signed by no more
than five (5) persons, may be submitted to the City
Clerk prior to August 22, 2022 at 5:00 p.m. after which
17.B
no arguments for or against the Measure may be
submitted. The City Council authorizes the Mayor, in
conduction with up to four (4) other registered voters of the City, to file a written argument in favor of the
Measure and submit it to the City Clerk by the deadline above.
j) In accordance with Elections Code Section 9285,
rebuttal arguments, not exceeding 250 words and
signed by no more than five (5) persons, may be
submitted to the City Clerk prior to September 1, 2022, at 5:00 p.m.
k) In accordance with Elections Code Section 9280, the
City Attorney is directed to file with the City Clerk an impartial analysis of the Measure, not to exceed 500
words, showing the effect of the measure on the
existing law and the operation of the Measure, prior to August 22, 2022 at 5:00 p.m.
l) That during the period commencing August 23, 2022,
and ending on September 1, 2022, the City Clerk shall
make available for public inspection the arguments filed for and against the Measure as well as the impartial
analysis.
m) The City Clerk shall certify to the passage and adoption of this Resolution.
17.B
PASSED, APPROVED AND ADOPTED this XX day
of July, 2022.
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.B
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was approved by the Hemet City Council on the XXth day of July 2022, and was passed by the following vote:
AYES: Council Members:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________
________________
John Paul Maier, City
Clerk
17.B
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City of Hemet Ordinance No. 2001
-1-
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. 2001
AN ORDINANCE OF THE VOTERS OF THE CITY OF
HEMET, CALIFORNIA, AMENDING HEMET MUNICIPAL
CODE SECTION 74-136 TO EXTEND WITHOUT
INCREASE THE CITY OF HEMET TRANSACTIONS AND
USE TAX
WHEREAS, the voters of the City of Hemet enacted, by Ordinance No. 1918 on November 8, 2016, the Hemet Transactions and Use Tax; and WHEREAS, the City of Hemet uses revenues from the Hemet Transactions and Use Tax for general governmental operations including the provision of police, fire, and emergency medical services; and
WHEREAS, continued funding is essential to ensuring public safety and timely emergency response;
WHEREAS, this Ordinance amends Section 74-136 of the Hemet Municipal Code to remove the expiration date of the Hemet Transactions and Use Tax and continues the tax until repealed by the voters; and
WHEREAS, independent reviews of the expenditures of the Hemet Transactions and Use Tax demonstrates it has been used for providing police, fire, and emergency medical services to the residents of the City of Hemet; and WHEREAS, transparency, citizen oversight, and public review are continually provided regarding the receipt and expenditure of funds raised by the Hemet Transactions and Use Tax.
///
///
///
17.B
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City of Hemet Ordinance No. 2001
-2-
NOW, THEREFORE, THE PEOPLE OF THE CITY OF HEMET DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation and Recitals
The People of the City of Hemet find and determine that the above referenced recitals are true and correct and the material to this Ordinance.
SECTION 2. Legislative Actions
a) This Ordinance shall take effect upon its approval by a majority of the electorate of the City of Hemet.
b) Section 74-136 of the Hemet Municipal Code is amended to read as follows:
Section 74-136. – Termination
The transactions and use tax levied by this article shall commence on the operative date and shall continue thereafter until repealed or amended by the necessary vote of the registered voters of the city.
c) The provisions of this Ordinance shall not apply to any person, or to any property as to whom or which it is beyond the power of the City to impose the tax herein provided. If any sentence, clause, section or part of this Ordinance is found to be unconstitutional, illegal, or invalid, such unconstitutionality, illegality, or invalidity, shall affect only such provision, sentence, clause, section or part of this Ordinance and shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. It is hereby declared to be the intention of the voters that this Ordinance would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, section or part thereof not been included herein.
17.B
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City of Hemet Ordinance No. 2001
-3-
INTRODUCED at the regular meeting of Hemet City Council on , 2022.
APPROVED AND ADOPTED this day of , 2022.
_________________________
Malcolm Lilienthal, Mayor
ATTEST:
_________________________
John Paul Maier, City Clerk
17.B
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City of Hemet Ordinance No. 2001
-4-
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the day of 2021
AYES: Council Members: None.
NOES: Council Members: None.
ABSTAIN: Council Members: None.
ABSENT: Council Members: None.
_________________________________
John Paul Maier, City Clerk
17.B
17.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 12 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, To Establish City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) and to Authorize the Levy of A Special Tax Within City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos), Generally Located northeast of Devonshire Avenue and Old Warren Road (DR Horton)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, To Establish City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) and to Authorize the Levy of A Special Tax Within City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos), Generally Located northeast of Devonshire Avenue and Old Warren Road (DR Horton).
BACKGROUND:
The State legislature enacted the Mello-Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The developer, D.R. Horton of California, requested that the City assist them in forming a district for the City to cover the costs associated with the maintenance of public improvements within the proposed district; specifically, street lights, park maintenance, landscaping maintenance, vernal pool maintenance, detention basin maintenance, fuel modification, and graffiti maintenance.
The costs of services for landscape maintenance include streetscape, slopes, medians, and fencing specifically identified within the CFD. The landscape maintenance may include but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, energy, repair/replacement, and inspection.
Maintenance, administration, and inspection of the stormwater facilities and BMPs include water quality basins, open space areas, and any other NPDES/WQMP/BMP-related devices. Litter and graffiti removal on sound walls and other amenities, plus normal painting as required, within the CFD. Services include building a reserve fund for replacement. The development is proposed to include 176 singlePage 1 of 32
17.C
family residential units and one (1) park at buildout. The CFD is comprised of approximately 35.33 acres of residentially zoned land.
ANALYSIS:
Approval of the attached Resolution is required under the Act to levy a special tax and fund certain services. The attached Resolution declares the City Council’s intention to form the proposed CFD No. 2022-01 (Tres Cerritos) and to authorize the levy of a special tax in accordance with an attached Rate and Method of Apportionment of Special Tax. The attached Resolution is the initial step for forming the CFD pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting the formation of the proposed CFD No. 2022-01 (Tres Cerritos) to the landowners at a special election to be conducted by mailed ballot.
The proposed district will be composed of Special Tax A and Special Tax B. Special Tax A provides funding for maintenance of the streetlights, vernal pool maintenance, and landscaping of Lot 196 of Tract Map 31513. Special Tax B provides funding for maintenance of the park, playground, and other associated park equipment, streetscape and slope landscaping, fuel modification, maintenance of 2 stormwater basins, and graffiti abatement. Maintenance of the Special Tax B improvements shall be the responsibility of the Property Owner’s Association which will enter into a Dormancy Agreement with the City. The Dormancy Agreement states that Special Tax B will not be levied in any year, unless and until the first year the City determines that the Special Tax B improvements have not been maintained by the Property Owner’s Association to a standard acceptable to the City.
Special Tax A will have a Maximum Special Tax of $320.00 per parcel for Single Family Residential property, $224.00 Condominium Residential Property and $1,680.00 per acre for Multifamily Residential and Non-Residential property. Special Tax B will have a Maximum Special Tax of $552.00 per parcel for Single Family Residential property, $386.00 Condominium Residential Property and $2,894.00 per acre for Multifamily Residential and Non-Residential property. These rates will increase based on the percentage increase in the Consumer Price Index with a maximum annual increase of 6% and a minimum annual increase of 2% of the Maximum Special Tax in effect in the previous fiscal year. The owners have filed a petition representing their willingness to move forward.
A public hearing on this matter will take place on August 9, 2022, and at that time the Council will hear any testimony concerning the formation and take action to adopt the “Resolution of Formation”.
DISCUSSION:
The Mello-Roos Community Facilities Act of 1982 (the “Act”) authorizes the initiation of the establishment of community facilities districts upon receipt by the City of a petition requesting institution of proceedings by owners of not less than 10% of the area of land proposed to be included within the district. The City has received signed petitions from all landowners.
PREVIOUS COUNCIL ACTION:
On August 23, 2005, the City Council considered and approved goals and policies concerning Community Facility Districts.
STRATEGIC PLAN INTEGRATION:
17.C
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
The implementation of this CFD will enhance the visual appearance of the community to make it attractive and reduce blight.
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.
Through the implementation of this CFD, maintenance of public infrastructure is ensured, which can increase the community's pride within the City.
FISCAL IMPACT:
There is no impact to the General Fund with this action. The individual property owners are responsible for the annual payments of special taxes. The City will work with the County concerning the filing of the annual special tax to the County Auditor-Controller.
The property owner has posted a deposit with its application to form the CFD to cover City costs incurred in connection with the formation. Approval of this resolution does not commit the City to any financial contribution to or liability of the CFD. The City’s cost to administer the CFD annually will be reimbursed through the special taxes charged to property owners.
ALTERNATIVE(S):
1. Do not adopt the Resolution of Intention (ROI) to establish the City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos).
2. Provide alternate directions to staff.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: Hemet_CFD 2022-01 (Tres Cerritos)_ROI
Attachment 2: Hemet_CFD2022-01(TresCerritos)_boundarymapFINAL Attachment 3: Hemet_CFD 2022-01(Tres Cerritos)_RMA__FINAL Attachment 4: CFD 2022-01 (Tres Cerritos) ExhibitA-C_Map
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2022-XXX
A RESOLUTION OF
INTENTION OF THE CITY
COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, TO
ESTABLISH CITY OF HEMET
COMMUNITY FACILITIES
DISTRICT NO. 2022-01
(TRES CERRITOS) AND TO
AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY
OF HEMET COMMUNITY
FACILITIES DISTRICT NO.
2022-01 (TRES CERRITOS)
GENERALLY LOCATED
NORTHEAST OF
DEVONSHIRE AVENUE AND
OLD WARREN ROAD (DR
HORTON)
The City Council of the City of Hemet (hereafter
referred to as the “City Council”) does resolve as
follows:
WHEREAS, this City Council (the “City
Council”) of the City of Hemet (the “City”) has
received petitions (the “Petitions”) requesting the
institution of proceedings, which are signed by the
owners (the “Owners”) of the land proposed for
inclusion in a proposed community facilities district
and which meet the requirements of Sections 53318
and 53319 of the Mello-Roos Community Facilities
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
Act of 1982, as amended, being Chapter 2.5 of
Division 2 of Title 5 of the California Government
Code (the “Act”); and
WHEREAS, the Act authorizes the City Council
to establish a community facilities district and to levy special taxes within that district; and
WHEREAS, in accordance with the request set
forth in the Petitions, the City Council desires to
undertake proceedings to establish a community
facilities district pursuant to the Act to finance certain services which are in addition to services currently
provided in the territory of the proposed district and
are necessary to meet increased demands placed
upon the City as a result of the development of such
land;
NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:
Section 1. Intention. The City Council
hereby declares its intention to conduct
proceedings for the formation of a community
facilities district under the terms of the Act.
Section 2. Name of District. The name of the
proposed community facilities district is "City of
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
Hemet Community Facilities District No. 2022-01
(Tres Cerritos)" (the "District").
Section 3. Boundaries of District. The
exterior boundaries of the District are shown on
the map now on file in the office of the City Clerk
entitled “Proposed Boundary - Community
Facilities District No. 2022-01 (Tres Cerritos)”
(the “Map”). The Map indicates by a boundary
line, the extent of the territory included in the
proposed District and shall govern for all details
as to the extent of the District. On the original
and one copy of the Map, the City Clerk shall
endorse the certificate evidencing the date and
adoption of this Resolution. The City Clerk shall
file the original of the Map in his office and, after
the adoption of this Resolution, the City Clerk
shall file a copy of the Map so endorsed in the
records of the County Recorder, County of
Riverside, State of California, no later than
fifteen days before the public hearing specified in
Section 6 below.
Section 4. Services. The type of services
proposed to be provided within the District and to
be financed under the Act shall consist of those
services set forth on Exhibit "A" (the "Services"),
attached hereto and incorporated herein by
reference. The Services are in addition to
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
services currently provided in the District and are
necessary to meet increased demands placed
upon the City as a result of the development
occurring in the District.
Section 5. Special Tax.
a. Except where funds are
otherwise available to pay for the
Services, it is the intention of the
City Council, commencing Fiscal
Year 2022-2023, to levy annually
in accordance with procedures
contained in the Act a special tax
(the "Special Tax") within the
District sufficient to pay for the
costs thereof, including incidental
expenses. The types of incidental
expenses proposed to be
incurred are set forth in Exhibit
“B.” The Special Tax will be
secured by recordation of a
continuing lien against all nonexempt real property in the District and will be collected in
the same manner as ordinary ad
valorem property taxes are
collected, or in such other
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
manner as may be provided by
the City Council including, without
limitation, direct billing of the
affected property owner, and
shall be subject to the same
penalties, procedure, sale and
lien priority in case of
delinquency as applicable for ad
valorem property taxes. In the
first year in which the Special Tax
is levied, the levy shall include a
sum sufficient to repay to the City
all amounts, if any, transferred to
the District pursuant to Section
53314 of the Act and interest
thereon.
b. The proposed Rate and Method
of Apportionment of the Special
Tax (the “Rate and Method”)
among parcels of real property in
the District, in sufficient detail to
allow each resident or landowner
within the proposed District to
estimate the maximum amount
such resident or owner will have
to pay, is shown in Exhibit "C,"
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
attached hereto and incorporated
herein by reference. The City
Council hereby determines the
Rate and Method set forth in
Exhibit “C” to be reasonable.
Section 6. Hearing. A public hearing (the
"Hearing") on the establishment of the District,
the extent of the District, the furnishing of
Services within the District, and the proposed
Rate and Method shall be held on August 9,
2022, at 7:00 p.m., or as soon thereafter as
practicable, at the Council Chambers of the City
of Hemet, 450 E. Latham Avenue, Hemet,
California 92543. At the Hearing, any interested
person or taxpayer, including all persons owning
lands or registered to vote within the proposed
District, may appear and be heard.
Section 7. Report. The Staff of the City is
directed to study the proposed District and
prepare for filing at the Hearing the report
required by Section 53321.5 of the Act. The staff
of the City may delegate to consultants of the
City the duty to perform the study and prepare
the report.
Section 8. Advances. The City may accept
advances of funds or work in-kind from any
source, including, but not limited to, private
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
persons or private entities, and is authorized and
directed to use such funds or that work in-kind
for any authorized purpose, including, but not
limited to, paying any cost incurred by the City in
creating the District. The City may enter into an
agreement with the person or entity advancing
the funds or work-in-kind, to repay all or a portion
of the funds advanced, or to reimburse the
person or entity for the value, or cost, whichever
is less, of the work-in-kind, as determined by the
City Council, with or without interest.
Section 9. Published Notice. The City Clerk
is hereby directed to publish a notice of the
Hearing ("Notice") pursuant to Section 6061 of
the California Government Code in a newspaper
of general circulation published in the area of the
proposed District. Such Notice shall be
substantially in the form specified in Section
53222 of the Act. Publication of the Notice shall
be completed at least seven days prior to the
date of the Hearing.
Section 10. Mailed Notice. The City Clerk is
hereby directed to send a copy of the Notice of
the Hearing by first-class mail, postage prepaid,
to each registered voter and to each landowner
within the proposed District as shown on the last
equalized assessment roll. Mailing of the Notice
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
shall be completed at least fifteen days prior to
the date of the Hearing.
Section 11. Voting. Should the City Council
determine to form the District, a special election
will be held within the District to authorize the
levy of the Special Tax in accordance with the
procedures contained in Section 53326 of the
Act. If held, the proposed voting procedure at the
election will be a landowner vote with each
landowner who is the owner of record of land
within the District at the close of the Hearing, or
the authorized representative thereof, having
one vote for each acre or portion thereof owned
within the District. Ballots for the special election
may be distributed by mail with return postage
prepaid or by personal service.
Section 12. Exemptions from Special Tax.
Except as may otherwise be provided in Exhibit
“C” hereto or by law, all lands owned by any
public entity, including the United States, the
State of California, County of Riverside and/or
the City, or any departments or political
subdivisions thereof, shall be omitted from the
levy of the Special Tax to be made to cover the
costs and expenses of the Facilities and
Services. In addition, reference is hereby made
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
to Exhibit “C” for a description of other lands
which shall be omitted from the levy of the
Special Tax.
Section 13. Election to Perform Work.
Pursuant to 53329.5(c) of the Act, the City
Council finds that, in its opinion, the public
interest will not be served by allowing property
owners in the District to enter into a contract
pursuant to Section 53329.5(a)
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
PASSED, APPROVED AND ADOPTED this
12th day of July 2022.
____________________________
Malcolm Lilienthal,
Mayor
ATTEST:
__________________________
John Paul Maier, City Clerk
17.C
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-01 (Tres Cerritos)
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of
Hemet, do hereby certify that the foregoing resolution
was adopted by the Hemet City Council on the 12th
day of July 2022, and was passed by the following
vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
17.C
17.C
N
No Scale
41593 Winchester Rd #200, Temecula, CA 92590 p: 619.236.1778 ext. 1261 www.WeAreHarris.com
PROPOSED BOUNDARY OF
CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2022-01
(TRES CERRITOS)
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
CLERK'S MAP STATEMENT
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HEMET THIS DAY OF , 2022. CITY CLERK OF THE CITY OF HEMET CLERK'S MAP STATEMENT I HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2021-02, (TRES CERRITOS), CITY
OF HEMET, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HEMET AT A REGULARLY SCHEDULED MEETING THEREOF, HELD ON THE DAY OF , 2022 BY ITS RESOLUTION NO. . CITY CLERK OF THE CITY OF HEMET COUNTY RECORDER'S FILING STATEMENT FILED THIS DAY OF , 2022
AT THE HOUR OF O'CLOCK .M. IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS PAGE NO. IN THE OFFICE OF THE COUNTY RECORDER IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. PETER ALDANA COUNTY RECORDER OF THE COUNTY OF RIVERSIDE BY: DEPUTY FILE: THE LINES AND DIMENSIONS OF EACH LOT OR PARCEL SHOWN ON THIS MAP SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSOR’S MAPS. (1)
(2)
(3)
(4)
(5) (6)
(7)
(8)
(9)
(10)
Special Tax B Boundary
Parcel Boundary
Legend
( # ) Assessor Parcel Reference Number
Special Tax A Boundary
ASSESSOR PARCEL NUMBERS LOCATED WITHIN
PROPOSED BOUNDARIES OF CFD 2022-01 (TRES
CERRITOS) AS OF FISCAL YEAR 2021-22
(1) 448-070-002
(2) 448-070-005
(3) 448-070-007
(4) 448-070-009
(5) 448-070-010
(6) 448-070-011
(7) 448-080-001
(8) 448-080-002
(9) 448-080-004
(10) 448-080-006
(6) Page 16 of 32
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-01 (TRES CERRITOS)
OF THE CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA A Special Tax (all capitalized terms are defined in Section A., “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-01 (Tres Cerritos) (CFD). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2022-2023, shall be determined by the City Council of the City of Hemet, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B., C., and D., below. All of the real property within the CFD, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, other recorded County map, or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses” means all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out duties of the CFD as allowed by the Act. This may include without limitation, all costs and expenses arising out of, or resulting from the annual levy and collection of the Special Tax (whether by the City, County, the Administrator or all), any litigation or appeal involving the CFD, and other administrative expenses of the City or Administrator directly related to the CFD.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes. “Administrator” means an official of the City, or designee thereof, responsible for determining the annual amount of the levy and collection of the Special Taxes. “Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied; and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied.
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 2
“Assessor” means the assessor of the County.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2023. “Boundary Map” means a recorded map of the CFD that indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, "Building Permit" shall not include any subsequent Building Permits issued or changed after the first issuance. “Capital Replacement” means to repair or replace improvements being maintained by the CFD.
“CFD” means Community Facilities District No. 2022-01 (Tres Cerritos) of the City of Hemet.
“City” means the City of Hemet, California
“Condominium Residential Property” means a Developed Parcel with an approved land use for residential condominiums (two or more attached units which are owned individually). Parcels that are open space, recreation, clubhouse, etc, owned by a condominium association, homeowner’s association or property owner’s association, are Exempt Property.
“Consumer Price Index” means the Consumer Price Index published by the U.S.
Bureau of Labor Statistic for “All Urban Consumers” in the Riverside-San BernardinoOntario. “Consumer Price Index Inflation Factor” means, for any Fiscal Year, the annual change in the Consumer Price Index which shall be measured from the month of March in the calendar year that ends in the previous Fiscal Year to the month of March preceding the Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario Area. “Council” means the city council of the City acting as the legislative body of the CFD. “County” means the County of Riverside, California.
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 3
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied; and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Dwelling Unit” or “(D/U)” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Exempt Property” means any Parcel that is exempt from Special Taxes pursuant to Section E., below.
“Final Map” means a subdivision of property by recordation of an Assessor’s Parcel Map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12-month period starting on July 1 of any calendar year and ending the following June 30.
“Land Use Class” means any of the classes listed in Table 1 of Section C., below. “Maximum Special Tax” means, for each Parcel in each Fiscal Year, the greatest Special Tax amount, determined in accordance with Section C., below, that may be levied on such Parcel in such Fiscal Year.
“Maximum Special Tax Rate (s)” means, for each Fiscal Year, the greatest Special Tax rate, determined in accordance with Section C., below, that may be levied on a Parcel in such Fiscal Year.
“Mixed Use Property” means all Parcels of Developed Property with more than one land use including residential, commercial, retail or other land uses. “Multifamily Residential Property” means all Parcels of Developed Property that consists of a building or buildings comprised of attached Dwelling Units available for rental by the general public, not for sale to an end user, and under common management (apartments).
“Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more non-residential structures.
“Operating Reserves” means cash reserves to fund the Special Tax Requirement in the event of cash flow shortages or unexpected increases in operating, repair and maintenance costs (excluding capital improvements).
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 4
“Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1st for the Fiscal Year for which the Special Tax is being levied.
“Property Owner’s Association Property” means all Parcels that have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association, including any master or sub-association, prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied. The Special Tax shall not be levied on Property Owner’s Association Property. If any Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
“Proportionately” means for Parcels of Taxable Property that are (i) Developed Property, the ratio of the applied Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property; (ii) Approved Property, the ratio of the applied Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property; and (iii) Undeveloped Property, Public Property or Property Owner’s Association Property, the ratios of the applied Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner’s Association Property.
“Public Property” means all Parcels which, as of April 1 st preceding the Fiscal Year in
which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more residential Dwelling Units.
“Single Family Residential Property” means all Parcels of Residential Property, other than Condominium Residential Property or Multifamily Residential Property. “Special Tax(es)” means the Special Tax A or Special Tax B to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. “Special Tax A” means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.1 to fund the Special Tax A Requirement.
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 5
“Special Tax Area A” means the parcels comprising Special Tax Area A as depicted and defined in the Boundary Map.
“Special Tax A Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Area A Services for such Fiscal Year as determined by the City; (ii) fund the Special Tax A Reserve Fund in an amount not to exceed 20% of the Special Tax A Reserve Fund Requirement; (iii) pay Administrative Expenses; (iv) pay for an actual or anticipated shortfall due to Special Tax A delinquencies in the current or prior Fiscal Year; and (v) provide a credit for funds that are available to reduce the annual Special Tax A levy, if any, as determined by the Administrator. “Special Tax A Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax A Services. “Special Tax A Reserve Fund Requirement” equals $112,777 in the Base Year. The Special Tax A Reserve Fund Requirement shall be increased annually, commencing July 1, 2023, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year. In no case shall the Special Tax A Reserve Fund Requirement be greater than 200% of the anticipated annual cost of Special Tax A Services.
“Special Tax A Services” means: (i) Street light maintenance including energy charges, operation, maintenance, and administrative costs of in-tract and offsite streetlights; (ii) Landscape maintenance in the City right-of-way adjacent to lot I of Tract 31513 to be financed, including streetscape, but excluding those areas/devices specifically identified in Special Tax B Services; (iii) Maintenance, administration and inspection of Lot F (which contains the Vernal Pools). Maintenance of lot F includes annual inspection services, governmental reporting requirements and cleaning of the lot and vernal pools and (iv) Other services as authorized under the Act. Landscape maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, streetlights, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting; visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient.
Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
“Special Tax B” means the special tax that may be levied on each Parcel of Taxable Property in accordance with Section D.2 to fund the Special Tax B Requirement.
Maintenance of the Special Tax B improvements shall be the responsibility of the Property Owner’s Association as long as the Special Tax B improvements are being maintained to a standard acceptable to the City. Special Tax B shall not be levied in any year the City
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 6
determines that the Special Tax B improvements have been maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which the City determines that the Special Tax B improvements, have not been maintained to a standard acceptable to the City of Hemet. The City shall not levy Special Tax B without first giving notice to the Property Owner’s Association specifying the maintenance deficiency related to the Special Tax B improvements and allowing a sufficient period for curing such deficiency.
“Special Tax Area B” means the parcels comprising Special Tax Area B as depicted and defined in the Boundary Map.
“Special Tax B Improvements” means the improvements that are maintained and operated as described in Special Tax B Services.
“Special Tax B Requirement” means for each Fiscal Year, that amount required to: (i) pay the estimated cost of Special Tax Area B Services for such Fiscal Year as determined by the City; (ii) fund the Special Tax B Reserve Fund in an amount not to exceed 20% of the Special Tax B Reserve Fund Requirement; (iii) pay Administrative Expenses related to Special Tax B Services; (iv) pay for the actual or anticipated shortfall due to Special Tax B delinquencies in the current or prior Fiscal Year; and (v) provide a credit for funds that are available to reduce the annual Special Tax B levy, if any, as determined by the Administrator. Special Tax B Reserve Fund shall not be funded unless it is determined Special Tax B Services are required.
“Special Tax B Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax B Services. “Special Tax B Reserve Fund Requirement” equals $194,245.00 in the Base Year.
The Special Tax B Reserve Fund Requirement shall be increased annually, commencing July 1, 2023, based on the percentage increase in the Consumer Price Index with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the amount in effect in the previous Fiscal Year. In no case shall the Special Tax B Reserve Fund Requirement be greater than 200% of the anticipated annual cost of Special Tax B Services.
“Special Tax B Services” means maintenance of (i) Park located at lot A of Tract 31513, including (a) landscape facilities, (b) playground equipment, (c) benches, picnic tables, trash receptacles and (d) other associated park equipment; (ii) Landscape maintenance in the City right-of-way on (a) Celeste Road, (b) lot C (basin) of Tract 31513, (c) lot D of Tract 31513, (d) lot E (basin) of Tract 31513, (e) HOA irrigated slopes as defined in the Tract 31513 Tres Cerritos Maintenance Exhibit and (f) Fuel Modification of lot O and lot P of Tract 31513; (iii) Maintenance, administration and inspection of the stormwater facilities and BMPs including basins, and any other NPDES/WQMP/BMP related devices but excluding those areas/devices specifically identified in Special Tax B Services. (iii) Litter and graffiti removal on soundwalls and other amenities and normal painting as required; and (iv) Other services as authorized under the Act. BMP maintenance means maintenance, administration and inspection of the stormwater facilities and BMPs
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 7
including open space areas, and any other NPDES/WQMP/BMP related devices.
Landscape maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, streetlights, electricity, repair/replacement and inspection.
Inspection is inclusive of scheduling, travel time; visual inspection processes and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services. “State” means the State of California.
“Taxable Property” means all Parcels within the boundary of the CFD, inclusive of Special Tax Area A and Special Tax Area B pursuant to the Boundary Map that are not exempt from the Special Tax pursuant to Section E., below. “Taxable Unit” means either a Dwelling Unit or an Acre, as shown in Table 1 or Table 2 of Section C.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owner’s Association Property.
B. ASSIGNMENT TO LAND USE CLASS
For each Fiscal Year, commencing Fiscal Year 2022-2023, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property, or Property Owner’s Association Property; and subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
Parcels of Developed Property shall further be classified as Residential Property or NonResidential Property. Parcels of Residential Property shall further be classified as Single Family Residential Property, Condominium Residential Property or Multifamily Residential Property.
C. MAXIMUM SPECIAL TAX RATES
For each Fiscal Year commencing Fiscal Year 2022-2023, Maximum Special Tax Rates shall be determined as described below.
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 8
1. Developed Property
The Maximum Special Tax Rate that may be levied on each Parcel classified as Developed Property shall be determined by reference to Table 1 below. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
TABLE 1
Maximum Special Tax Rates for Developed Property
Fiscal Year 2022-2023
Land Use
Class Description
Taxable
Unit
Maximum
Special Tax A
Per Taxable Unit
Maximum
Special Tax B
Per Taxable Unit
1 Single Family Residential Property D/U $320 $552
2 Condominium Residential Property D/U $224 $386
2 Multifamily Residential Property Acre $1,680 $2,894
3 Non-Residential Property Acre $1,680 $2,894
Mixed Use Property
The Maximum Special Tax that may be levied on a Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for each of the Parcels land uses based on Table 1. The Maximum Special Tax Rate for Single Family Residential Property and Condominium Residential Property shall apply to any Dwelling Units on the property. The Maximum Special Tax Rate for Acreage shall apply to the other land uses on the property, with Acreage for each land use determined by reference to the approved site plan for such Parcel. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
2. Approved Property
In determining the Maximum Special Tax for each Parcel of Approved Property, the Undeveloped Property Maximum Special Tax Rate from Table 2 times the Acreage of such Parcel shall be applied; provided, however, that for a Parcel of Approved Property that is expected to become Single Family Residential Property or Condominium Residential Property, as reasonably determined by the Administrator based on the Final Map for such Parcel, the Maximum Special Tax for such Parcel of Approved Property shall be calculated utilizing Table 1 as if such Parcel were already
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 9
designated as Single Family Residential Property or Condominium Residential Property. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
3. Undeveloped Property
The Maximum Special Tax Rate that may be levied on each Parcel of Undeveloped Property shall be determined by reference to Table 2 below. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
TABLE 2
Maximum Special Tax Rates for Undeveloped Property
Fiscal Year 2022-2023
Maximum Special Tax A
Per Acre
Maximum Special Tax B
Per Acre
$1,680 $2,894
4. Taxable Public Property and Property Owner’s Association Property The Maximum Special Tax Rate that may be levied on each Parcel of Taxable Public Property or Taxable Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax Rates shown in Table 2 multiplied by the Acreage of such Parcel. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.
5. Annual Maximum Special Tax Rate Increase
The Maximum Special Tax Rates in Table 1 and Table 2, shall be increased by the amount of the Consumer Price Index Inflation Factor, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax Rates in effect for the previous Fiscal Year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the Administrator shall levy Special Tax A on all Taxable Property within Special Tax Area A up to the amount of the Special Tax A Requirement in accordance with the following steps:
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 10
First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement.
2. Special Tax B
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the Administrator may levy Special Tax B on all Taxable Property within Special Tax Area B up to the amount of the Special Tax B Requirement in accordance with the following steps:
First: If levied, Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, Special Tax B shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement.
Notwithstanding the above, under no circumstances will the Special Tax be levied in any Fiscal Year against any Parcel of Residential Property for which a Building Permit has been issued be increased by more than ten percent (10%) as a result of a delinquency in the payment of the Special Tax applicable to any other Parcel above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.
17.C
City of Hemet
CFD No. 2022-01 (Tres Cerritos)
Rate and Method of Apportionment Page 11
E. EXEMPTIONS
The Special Tax shall not be levied on Public Property or Property Owner’s Association Property. If any Public Property or Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.
F. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax or may collect the Special Tax at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.
G. APPEALS
Any taxpayer may file a written appeal of the Special Tax on their Parcel(s) with the Administrator, provided that the appellant is current in their payments of Special Taxes.
During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.
The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.
H. TERM OF THE SPECIAL TAX
The Special Tax shall be levied annually in perpetuity unless terminated earlier by the City.
17.C
EXHIBIT "A"
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
• Street lights maintenance including energy charges, operation, maintenance and administrative costs of in-tract streetlights within the boundaries of the CFD and off-site streetlights.
• Landscape maintenance to be financed, including streetscape, fencing, monuments and related facilities specifically identified within the CFD. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation, fencing and drainage systems, weed control, fuel modification, and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient. Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services
• Park maintenance to be financed, including maintenance of landscaping and park facilities. Park facilities may include, but is not limited to, play and exercise structures, public gathering spaces and shade structures, multi-purpose tables, trash and recycling receptacles, barbeque areas and related facilities specifically identified within the CFD. The landscape maintenance may include, but is not limited to, all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, weed control and other abatements, electricity, repair/replacement and inspection. • Vernal Pool maintenance to be financed, including annual inspection, annual governmental reporting and annual maintenance, including but not limited to removal of debris, plant control/removal and restoration as required.
17.C
A-1
• Maintenance, administration and inspection of the stormwater facilities and BMPs including water quality basins and any other NPDES/WQMP/BMP related devices. The maintenance may include, but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation, fencing and drainage systems, weed control and other abatements, lighting, electricity, repair/replacement and inspection. Inspection is inclusive of scheduling, travel time, visual inspection process and procedures, GPS location recording, reporting by device, annual reporting, visual inspection for functionality, vegetated as designed, irrigation is complete and in working order, noting any of the following: any deficiencies, erosion, trash, silt, sediment, structural deficiencies. Maintenance is inclusive of repair or replacing any of the items noted as deficient or needing to be corrected to not be deficient.
Administration is inclusive of quality assurance and control of inspection and maintenance, general contract administration, including phone calls and procurement of goods and services.
• Litter and graffiti removal on soundwalls and other amenities, plus normal painting as required, within the CFD.
• All other services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.
17.C
A-2
17.C
EXHIBIT "B"
INCIDENTAL EXPENSES
The cost of the Services shall include incidental expenses, including costs associated with formation of the District, determination of the amount of the Special Tax, collection of the Special Tax, payment of the Special Tax, costs incurred in order to carry out the authorized purposes of the District, and the costs of engineering, inspecting, coordinating, completing, planning and designing the Services, including the costs of environmental evaluations.
The following incidental expenses are examples of those that may be incurred in the formation of the District:
• Engineering services,
• Publishing, mailing and posting of notices,
• Governmental notification and filing costs,
• Election costs, and
• Charges and fees of the City other than those waived.
The following incidental expenses are examples of those that may be incurred in each annual Special Tax levy:
• Necessary consultant costs,
• Costs of posting and collecting the special taxes, and • Administrative costs of the City related to each annual Special Tax levy.
B-1 Page 31 of 32
17.C
EXHIBIT “C”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(Please see attached)
C-1
17.C