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Task6.8ResponsetoCommentsonDraftEIRUponcompletionofthe45-daypublicreviewperiod,RBFwillcompileallcommentsreceivedontheDElRandwillassessthemtodevelopanappropriateresponsestrategy.RBFwillpreparereasonableresponsestocommentsreceivedandpreparedraftfindingsoffactand,ifnecessary,draftappropriatefindingsofoverridingconsiderations.TheseEIRcertificationdocumentswillbepreparedusingtheCity'sformatandprovidedtotheCityanditslegalcounselforreview.
UponreceiptofCitycomments,RBFwillfinalizetheResponsetoCommentsandpreparethedraftfinalfindingsoffactandfindingsofoverridingconsideration(ifnecessary)forreviewbytheCityanditslegalcounsel.
Task6.9PreparationofMitigationMonitoringandReportingPlanTheCaliforniaPublicResourcesCode§21081.6(AB3180)requiresthataleadorresponsibleagencyadoptaMitigationMonitoringandReportingProgram(MMRP)whenapprovingorcarryingoutaprojectwhereanenvironmentaldocument,eitheranEIRoramitigatednegativedeclaration(MND),hasidentifiedmeasurestoreducepotentialadverseenvironmentalimpactstolevelsthatarelessthansignificant.TheMMRPincludesStandardConditionsandMitigationMeasures,allofwhichhavebeenidentifiedasmeasurestoreducepotentialadverseenvironmentalimpacts.TheCitywilladopttheMMRPinitscapacityastheCEQALeadAgencyinaccordancewiththeprovisionsoftheCEQA(Cal.Pub.Res.Code§§2‘l00O,etseq.)andimplementationguidelines(14Cal.CodeRegs.§§15000,etseq.)(CEQAGuidelines).RBFwillprepareaMMRPinaformatapprovedbyCitystaff.RBFwillprepareaDraftMMRPthatwillbesubmittedtotheCityforreview.RBFwillrespondtoonesetofCitycommentsontheDraftMMRP.ThisdocumentwillbeattachedtotheCity'sstaffreportandresolutionforProjectapproval,andprovidedtoCitystaffinelectronicformat.Uponcompletion,fivehardcopiesoftheMMRPwillbeprovidedtotheCityfortheiruse.
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Task6.10PreparationofFinalEIRUponcompletionofthecertificationprocess,RBFwillpreparetheNoticeofDetermination(NOD).TheDistrict,asleadagency,willpresenttheFinalEIRtoitsBoardofSupervisorsforcertificationandapprovaloftherevisedMorenoMasterDrainagePlan.AcopyoftheNODwillalsobesenttotheStateClearinghousebyRBF.
PreparationoftheCEQAFinalEIRadministrativerecordforusebytheCityisnotincludedinthisscopeofwork;RBFcanpreparethisunderaseparateagreementiftheCitychoosesnottouseitsownstaffforthiswork.RBFwillprovideacopyoftheResponsetoCommentsreceivedontheDraftEIR(including“Errata”totheDEIR),theMMRP,andFindingsofFacttocompletetheFinalEIRdocumentation. #4845-5608-0393vl
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II.AspartoftheServices,ConsultantwillprepareanddeliverthefollowingtangibleworkproductstotheCity:1.1FieldReconnaissanceMap1.2TechnicalMemo— ExistingConstraints1.3TechnicalMemo— EngineeringDesignCriteria2.1FieldInventoryExhibit2.2BaseSheet3.1 'ExistingWatershedMap3.2HydrologyCalculations&HydrologyMap4.1HydraulicCalculations&ExistingFacilitiesMap4.2Documentationof?ndingsfromTask4.14.3TechnicalMemo— AlternativesAnalysis4.4ProposedAlternativesExhibit4.5Quantity&CostEstimate4.6CIPSchedule4.7FundingStudy5.1DraftReport— Compilationofabovementioneddocumentation5.2FinalReport5.3’Exhibits&Figures5.4Coordination/Meetingminutes6.0Draft/FinalEIRIII.DuringperformanceoftheServices,ConsultantwillkeeptheCityappraisedofthestatusofperformancebydeliveringthefollowingstatusreports:A.Phase1MonthlyProgressReportB.Phase2MonthlyProgressReportC.Phase3MonthlyProgressReportD.Phase4MonthlyProgressReportE.Phase5MonthlyProgressReportF.Phase6MonthlyProgressReport
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IV .ThetangibleworkproductsandstatusreportswillbedeliveredtotheCitypursuanttothefollowingschedule:A.Phase1— 6.5WeeksB.Phase2— 2.5WeeksC.Phase3-11.5WeeksD.Phase4— 54WeeksE.Phase5— 63WeeksF.Phase6— 54WeeksBeginningtoend(w/overlaps)— 16Months V .ConsultantwillutilizethefollowingpersonneltoaccomplishtheServicesA.JohnTanner— ProjectManager ET’
JoeCastaneda— Co-ProjectManagerHydrology&HydraulicsTomRyan-HydrologyAnnaLantin— WaterQuality F1‘1.U.0
JohnMcCarthy— QA/QC
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SteveBein— GISJohnDuquette— Mapping
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TomMcGill— BiologicalResources
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KevinThomas— CEQA/EIRJ.DavidBrunzell— CulturalResources #4845-5608-0393vl
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VI.ConsultantwillutilizethefollowingsubcontractorstoaccomplishtheServices:A.JLCEngineering&Consulting— Hydrology/HydraulicsB.BCRConsulting— CulturalResources
VII.AMENDMENTTheScopeofServices,includingservices,workproducts,andpersonnel,aresubjecttochangebymutualAgreement.IntheabsenceofmutualAgreementregardingtheneedtochangeanyaspectsofperformance,ConsultantshallcomplywiththeScopeofServicesasindicatedabove.
RIV#4845-5608-0393vl
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OFFICEPERSONNEL SIHr.
EXHIBIT"B"CITYOFHEMET-WESTSIDEMASTERDRAINAGEPLANCOMPENSATION1.Consultantshallusethefollowingratesofpayintheperformanceof.theServices:RBFConsultingHOURLYRATESCHEDULE SeniorPrincipal ............$275.00Principal........... ..............250.00ProjectDirector 225.00ProgramManager........ ..............215.00SeniorProjectManager........ 200.00ProjectManager.......... 195.00StructuralEngineer...... 195.00TechnicalManager...... 180.00SeniorEngineer........... 163.00SeniorPlanner............. 163.00ElectricalEngineer....... ................163.00LandscapeArchitect........ 150.00SeniorGISAnalyst.......... 150.00ProjectEngineer.............. 148.00ProjectPlanner........................................ .............148.00SurveyCrewSupportManager............... .............145.00EnvironmentalSpecialist ..138.00DesignEngineer/SeniorDesigner/Mapper ..135.00GISAnalyst.............. 122.00Designer/Planner.........................................................................................................................................118.00ProjectCoordinator................................................... 110.00GraphicArtist ..97.00EnvironmentalAnalyst/StaffPlanner ..97.00DesignTechnician ..97.00AssistantEngineer/Planner ..93.00PermitProcessor........ .................83.00EngineeringAid/PlanningAid 75.00Of?ceSupportlClerical 6300FIELDPERSONNEL2-PersonSurveyCrew. $250.001-PersonSurveyCrew. ..165.00LicensedSurveyor....... ..175.00FieldSupervisor................. ..175.00 RIV#4845-5608-0393vl
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CONSTRUCTIONMANAGEMENTPERSONNELConstructionManager......ResidentEngineer............ConstructionInspector(PrevailingWage)ConstructionInspector(Non-PrevailingWage)..................FieldOf?ceEngineer..............ConstructionTechnician.........
Note:Blueprinting,reproduction,messengerserviceandotherdirectexpenseswillbechargedasanadditionalcostplus15%.ASub-consultant $190.00160.00136.00113.00113.00.97.00
ManagementFeeof?fteen-percent(15%)willbeaddedtothedirectcostofallsub-consultantservicestoprovideforthecostofadministration,sub-consultantconsultationandinsurance.VehiclemileagewillbechargedasanadditionalcostattheIRSapprovedrate.
II.ConsultantmayutilizesubcontractorsasindicatedinthisAgreement.ThehourlyrateforanysubcontractorisnottoexceedtheamountsintheJLCRatesheetwithoutwrittenauthorizationfromtheCityManagerorhisdesignee.JLCEngineering&Consulting,Inc.HOURLYRATESCHEDULEGeneralPresident/Principal...........GeneralAdministration/ClericalEProjectManager.................SeniorProjectEngineerProjectEngineer....................DesignEngineer/Designer...CADDDesignerSeniorCADDDrafter...................CADDDrafter..............................ConstructionManagementResidentEngineer.......................AssistantResidentEngineer......................................................................................................................FieldInspectorSurveyThreePersonSurveyCrewIGPSCrewTwoPersonSurveyCrewIGPSCrewOnePersonSurvey/GPSCrewSeniorProjectManagerIProjectManager..................SurveyAnalyst.....................GISSpecialist............LitigationConsultantIExpertWitness..CourierServices......................................
Thefollowingexpenseswillbebilledatcostplus12%
120.00110.00.85.00.255.00.230.00.200.00.135.00.110.0095.00.350.0055.00
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ReproductionServices:Includesblueprinting,copying,printingandplotting.RentalE entandFees:Anyequipmentrentalandanyfeesadvancedbyour?rmincludingplancheckand?lingfees.CommercialServices:IncludingExpressMail,FederalExpress,UPS,andindependentcourierServices.In-HousePick-UnDelivervServices:Theseservicesprovidedbyour?rmwillbereimbursedat$45.00perhour.Inaddition,mileagewillbebilledat$.55permilewithnomarkup.TravelExpenses:Mileagetoandfromthejobsitewillbebilledatarate$.55perday,perman.PerDiem:Perdiemforovernightstayswillbebilledat$135.00perday,perman.Note:Invoicingwillbesubmittedonamonthly,progressivecycle.
III.TheCitywillcompensateConsultantfortheServicesperformeduponsubmissionavalidinvoice.Eachinvoiceistoinclude:A.Lineitemsforallpersonneldescribingtheworkperformed,thenumberofhoursworked,andthehourlyrate.B.LineitemsforallsuppliesproperlychargedtotheServices.C.LineitemsforalltravelproperlychargedtotheServices.D.LineitemsforallequipmentproperlychargedtotheServices.E.LineitemsforallmaterialsproperlychargedtotheServices.F.Lineitemsforallsubcontractorlabor,supplies,equipment,materials,andtravelproperlychargedtotheServices.
IV .ThetotalcompensationfortheServicesshallnotexceed$421,847.00,asprovidedinSection4ofthisAgreement. #4845-5608-0393v
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EXHIBIT"C"CITY01?HEMET-WESTSIDEMASTERDRAINAGEPLANINSURANCEA.InsuranceReguirements.Consultantshallprovideandmaintaininsurance,acceptabletotheCityManagerorCityCounsel,infullforceandeffectthroughoutthetermofthisAgreement,againstclaimsforinjuriestopersonsordamagestopropertywhichmayarisefromorinconnectionwiththeperformanceoftheworkhereunderbyConsultant,itsagents,representativesoremployees.InsuranceistobeplacedwithinsurerswithacurrentA.M.Best'sratingofnolessthanA:VII.Consultantshallprovidethefollowingscopeandlimitsofinsurance:1.MinimumScgrgofInsurance.ConsultantshallmaintainprofessionalliabilityinsuranceappropriatetotheConsultant’sprofession.Thiscoveragemaybewrittenona“claimsmade”basis,andmustincludecoverageforcontractualliability.TheprofessionalliabilityinsurancerequiredbythisAgreementmustbeendorsedtobeapplicabletoclaimsbasedupon,arisingoutoforrelatedtoservicesperformedunderthisAgreement.Theinsurancemustbemaintainedforatleast3consecutiveyearsfollowingthecompletionofConsultant’sservicesortheterminationofthisAgreement.Duringthisadditional3-yearperiod,ConsultantshallarmuallyanduponrequestoftheCitysubmitwrittenevidenceofthiscontinuouscoverage.2.MinimumLimitsofInsurance.Consultantshallmaintainlimitsofprofessionalliabilityinsurancenolessthan$1,000,000peroccurrence.B.OtherProvisions.EachinsurancepolicyrequiredbythisAgreementshallbeendorsedandstatethecoverageshallnotbesuspended,voided,cancelledbytheinsureroreitherpartytothisAgreement,reducedincoverageorinlimitsexceptafter30days‘priorwrittennoticebyCerti?edmail,returnreceiptrequested,hasbeengiventoCity.C.OtherRequirements.ConsultantagreestodepositwithCity,atorbeforetheeffectivedateofthiscontract,certi?catesofinsurancenecessarytosatisfyCitythattheinsuranceprovisionsofthiscontracthavebeencompliedwith.TheCityAttorneymayrequirethatConsultantfurnishCitywithcopiesoforiginalendorsementseffectingcoveragerequiredbythisSection.Thecerti?catesandendorsementsaretobesignedbyapersonauthorizedbythatinsurertobindcoverageonitsbehalf.Cityreservestherighttoinspectcomplete,certi?edcopiesofallrequiredinsurancepolicies,atanytime.1.Consultantshallfurnishcerti?catesandendorsementsfromeachsubcontractoridenticaltothoseConsultantprovides.2.Anydeductiblesorself-insuredretentionsmustbedeclaredtoandapprovedbyCity.AttheoptionofCity,eithertheinsurershallreduceoreliminatesuchdeductiblesorself-insuredretentionsasrespectsCityoritsrespectiveelectedorappointedRIV#4845-5608-0393vl
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of?cers,of?cials,employeesandvolunteersortheConsultantshallprocureabondguaranteeingpaymentoflossesandrelatedinvestigations,claimadministration,defenseexpensesandclaims.3.TheprocuringofsuchrequiredpolicyorpoliciesofinsuranceshallnotbeconstruedtolimitConsultant’sliabilityhereundernortoful?lltheindemni?cationprovisionsandrequirementsofthisAgreement.
RIV#4845-5608-0393vl
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DATE(MM/DD/YYYY)06/05/2013
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PRODUCERAonRiskServicesCentraT,IncPittsburghPAo‘ff1‘ce (865)2‘‘3‘”"DominionTower,10thFloor E-MAIL625L1bertyAvenue ADDRESS‘P1ttsburghPA15222-3110USA INSURED INSURERA:L‘IbertyMutua:3FBC°0§;g)I§';"|9msunsn3; L InsuranceCorporatonoxIrvineCA92619-7057USA msuaanczLI5 CateN0 INSURERE:
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THENDICATED.NOTWITHSTANDINGANYREQUIREMENTTERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOCERTIFICATEMAYISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINSECTTOEXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHA VEBEENREDUCEDPAIDCLAIMS.TYPEOFINSURANCETB26810U414b/12U0/JU/LULLUb/5U/AUL5XCOMMERCIALGENERALLIABILITYXX PERSONALEADVINJURYX—IPOLICYX X AS2-681-004145-/22Ub/5U/2011 X
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X TH768100414568200/50/201206/30/2015
wA768D004145692Ub/50/201.206/30/2015XweSTATU-omEMPLOYERS‘LIABILITY A05 TORYLIMITS=9 a’g';;,§;‘§,F,’,F‘E',E,I,‘;F§,’E'§(‘g“?I,'§,EE§;EXE°”“"ENMwc768100414570206/30/201206/30/2013(MandatoryinNH) WIc PL—mary QC1202675Ub/5U/(U12ProfessionaI&PoTIutionAggregateSIRappIiesperpoIicyterls&condiOFOPERATIONSI Schedule,II‘morespaceisRe:HemetwestSideMasterDrainagePTan CityofHemet445E.F‘|or"IdaAvenueUSA
23035AA112B623
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$2,000,000$1,000,000$5,000$2,000,000$4,000,000$4,000.000 $1,000,000
$10,000,000$10,000,000
$1,000,000$1,000,000$1.000,000$5000000$5000000
CertificateNo:570050164874
CERTIFICATEOFLIABILITYINSURANCECERTIFICAASAMATTERINFORMATIONCONFERSNO THECERTIFICATETHISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUING|NSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER.Isanthetermsandconditionsofthepolicycertainpoliciesmayrequlreanendorsement.Astatementonthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuch |NSURER(S)AFFORDINGCOVERAGENAIC#
INSURERD:
INSURERF:COVERAGESMBER: MBER:WHICHISUBJBY LimitsshownareasPOLICYNUMBERnIZI‘II‘rI‘r'iIv'\:&'§nLIMITSGENERALLIABILITY
AAUTOMOBILELIABILITY
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CERTIFICATEHOLDER CANCELLATIONSHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDINACCORDANCEWITHTHEPOLICYPROVISIONS.AUTHORIZEDREPRESENTATIVE ©1988-2010ACORDCORPORATION.Allrightsreserved.ACORD25(2010I05)TheACORDnameandlogoareregisteredmarksofACORD HolderIdentifier
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NOTICEOFCANCELIATIONTOTHIRDPARTIESA.Ifwecancelthispolicyforanyreasonotherthannonpaymentofpremium,wewillnotifythepersonsororganizationsshownintheSchedulebelow.Wewillsendnoticetotheemailormailingaddresslistedbelowatleast10days.orthenumberofdayslistedbelow,ifany,beforecancellationbecomeseffective.Innoeventdoesthenoticetothethirdpartyexceedthenoticetothefirstnamedinsured.B.Thisadvancenotificationofapendingcancellationofcoverageisintendedasacourtesyonly.Ourfailuretoprovidesuchadvancenoti?cationwillnotextendthepolicycancellationdatenornegatecancellationofthepolicy. ScheduleNameofOtherPerson(s)I EmailAddressormailingaddress:NumberDaysNotice:OrganEzatlon(s]:Perscheduleonfilewiththe 30company Allothertermsandconditionsofthispolicyremainunchanged
IssuedbyLibertyInsuranceCorporation21814ForattachmenttoPolicyNo.W A7-68D—004145-692EffectiveDate06130/2012Premium$IssuedtoMichaelBakerCorporation wM90180611 ©2011,LibertyMutualGroup.AllRightsReserved.Page1of1
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PolicyNumber:AS2—681-004145-722IssuedBy:LibertyMutualFireInsuranceCo.THISENDORSEMENTCHANGESTHEPOLICY .PLEASEREADITCAREFULLY .NOTICEOFCANCELLATIONTOTHIRDPARTIES IThisendorsementmodifiesinsuranceprovidedunderthefollowing:BUSINESSAUTOCOVERAGEPARTMOTORCARRIERCOVERAGEPARTGARAGECOVERAGEPARTTRUCKERSCOVERAGEPARTEXCESSAUTOMOBILELIABILITYINDEMNITYCOVERAGEPARTSELF—|NSUREDTRUCKEREXCESSLIABILITYCOVERAGEPARTCOMMERCIALGENERALLIABILITYCOVERAGEPARTEXCESSCOMMERCIALGENERALLIABILITYCOVERAGEPARTPRODUCTS/COMPLETEDOPERATIONSLIABILITYCOVERAGEPARTLIQUORLIABILITYCOVERAGEPARTScheduleNameofOtherPerson(s)fEmailAddressormailingNumber‘0rganization{s):address:NDa:_ys 0Ice:
A.Ifwecancelthispolicyforanyreasonotherthannonpaymentofpremium.wewillnotifythepersonsororganizationsshownintheScheduleabove.Wewillsendnoticetotheemailormailingaddresslistedaboveatleast10days.orthenumberofdayslistedabove,ifany,beforethecancellationbecomeseffective.Innoeventdoesthenoticetothethirdpartyexceedthenoticetothefirstnamedinsured.B.Thisadvancenoti?cationofapendingcancellationofcoverageisintendedasacourtesyonly.Ourfailuretoprovidesuchadvancenoti?cationwillnotextendthepolicycancellationdatenornegatecancellationofthepolicy.Allothertermsandconditionsofthispolicyremainunchanged.
LIM99010511©2011,LibertyMutualGroupofCompanies.AilrightsreservedPage1ofIncludescopyrightedmaterialofinsuranceServicesOf?ce,inc.withitspermission.
Perscheduleonfilewiththecompany
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PolicyNumber:QC1202675
LimitedAuthoritytoIssueCerti?catesofInsuranceEndorsement Inconsiderationofthepremiumcharged,itisherebyunderstoodandagreedasfollows:(1)UnderwritersauthorizeAonthe(“Certi?cateIssuer”)toissueCerti?catesofInsuranceattherequestordirectionoftheAssured.Itisexpresslyunderstoodandagreedthat,subjecttoParagraph(2)below,anyCerti?cateofInsurancesoissuedshallnotconferanyrightsupontheCerti?cateHolder,createanyobligationonthepartoftheUnderwriters,orpurportto,orbeconstruedto,alter,extend,modify,amend,orotherwisechangethetermsorconditionsofthisPolicyinanymannerwhatsoever.Inthecaseofanycon?ictbetweenthedescriptionofthetermsandconditionsofthisPolicycontainedinanyCerti?cateofInsuranceontheonehand,andthetermsandconditionsofthisPolicyassetforthhereinontheother,thetermsandconditionsofthisPolicyassetforthhereinshallcontrol.(2)NotwithstandingParagraph(1)above,suchCerti?catesofInsuranceasareauthorizedunderthisendorsementmayprovidethatintheeventtheUnderwriterscancelornon~renewthisPolicyorintheeventofaMaterialChangetothisPolicy,Underwritersshallmailwrittennoticeofsuchcancellation,non-renewal,orMaterialChangetosuchCerti?cateHolder30dayspriortotheeffectivedateofcancellation,non-renewal,oraMaterialChange,but10dayspriortotheeffectivedateofcancellationintheeventtheAssuredhasfailedtopayapremiumwhendue.TheAssuredshallprovidewrittennoticetotheUnderwritersofallsuchCerti?cateHolders,ifany,speci?edineachCerti?cateofInsurance(i)atinceptionofthisPolicy,(ii)90dayspriortoexpirationofthisPolicy,and(iii)within10daysofreceiptofawrittenrequestfromUnderwriters.Underwriters’obligationtomailnoticeofcancellation,non-renewal,oraMaterialChangeasprovidedinthisparagraphshallapplysolelytothoseCerti?cateHolderswithrespecttowhomtheAssuredhasprovidedtheforegoingwrittennoticetotheUnderwriters.(3)Itis?irtherunderstoodandagreedthatUnderwriters’authorizationoftheCerti?cateIssuerunderthisendorsementislimitedsolelytotheissuanceofCerti?catesofInsuranceanddoesnotauthorize,empower,orappointtheCerti?cateIssuertoactasanagentfortheUnderwritersorbindtheUnderwritersforanyotherpurpose.TheCerti?cateIssuershallbesolelyresponsibleforanyerrorsoromissionsinconnectionwiththeissuanceofanyCerti?cateofInsurancepursuanttothisendorsement.(4)Asusedinthisendorsement:(i)Certi?cateofInsurancemeansadocumentissuedforinformationalpurposesonlyasevidenceoftheexistenceandtermsofthisPolicyinordertosatisfyacontractualobligationoftheAssured.(ii)MaterialChangemeansanendorsementtooramendmentofthisPolicyafterissuanceofthisPolicybytheUnderwritersthatrestrictsthecoverageaffordedtotheAssured.Allotherterms,clausesandconditionsremainunchanged.
MarketSubmission-SupplementalPage41of44 MB29/06/1201
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PolicyNumber:QC1202675
BROKERREMUNERATION&DEDUCTIONSFeeIBrokerage:FeePayablebyClient:Yes(U.S.)RetailandlorWholesaleBrokerage:NilSubscriptionMarketBrokerage:7.5%AonLtdhasdisclosed.whererequired,theexistenceandamountofanyfeeand/orpremiumcommissionpaidorpayableforthisplacement.OtherDeductionsfromNonePremium:
MarketSubmission-BrokerPage42of44 MB29/06/1201
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PolicyNumber:QC1202675
INSURER’SLIABILITY:
MarketSubmission-SecurityDetails
SECURITYDETAILS
LMA3333(Re)insurer’sliabilityseveralnotjointTheliabilityofa(re)insurerunderthiscontractisseveralandnotjointwithother(re)insurerspartytothiscontract.A(re)insurerisliableonlyfortheproportionofliabilityithasunderwritten.A(re)insurerisnotjointlyliablefortheproportionofliabilityunderwrittenbyanyother(re)insurer.Norisa(re)insurerotherwiseresponsibleforanyliabilityofanyother(re)insurerthatmayundenlvritethiscontract.Theproportionofliabilityunderthiscontractundenlvrittenbya(re)insurer(or,inthecaseofaLloyd'ssyndicate,thetotaloftheproportionsundenrvrittenbyallthemembersofthesyndicatetakentogether)isshownnexttoitsstamp.Thisissubjectalwaystotheprovisionconcerning“signing"below.InthecaseofaLloyd'ssyndicate,eachmemberofthesyndicate(ratherthanthesyndicateitself)isa(re)insurer.Eachmemberhasunderwrittenaproportionofthetotalshownforthesyndicate(thattotalitselfbeingthetotaloftheproportionsundenlvrittenbyallthemembersofthesyndicatetakentogether).Theliabilityofeachmemberofthesyndicateisseveralandnotjointwithothermembers.Amemberisliableonlyforthatmember'sproportion.Amemberisnotjointlyliableforanyothermember'sproportion.Norisanymemberothen/viseresponsibleforanyliabilityofanyother(re)insurerthatmayunderwritethiscontract.ThebusinessaddressofeachmemberisLloyd's,OneLimeStreet,LondonEC3M7HA.TheidentityofeachmemberofaLloyd'ssyndicateandtheirrespectiveproportionmaybeobtainedbywritingtoMarketServices,Lloyd's,attheaboveaddress.ProportionofliabilityUnlessthereis“signing"(seebelow),theproportionofliabilityunderthiscontractunderwrittenbyeach(re)insurer(or,inthecaseofaLloyd'ssyndicate.thetotaloftheproportionsunderwrittenbyallthemembersofthesyndicatetakentogether)isshownnexttoitsstampandisreferredtoasits“written|ine”.Wherethiscontractpermits,writtenlines,orcertainwrittenlines,maybeadjusted("signed”).Inthatcaseascheduleistobeappendedtothiscontracttoshowthedefinitiveproportionofliabilityunderthiscontractunderwrittenbyeach(re)insurer(or,inthecaseofaLloyd'ssyndicate,thetotaloftheproportionsunderwrittenbyallthemembersofthesyndicatetakentogether).Adefinitiveproportion(or,inthecaseofaLloyd'ssyndicate,thetotaloftheproportionsunderwrittenbyallthemembersofaLloyd'ssyndicatetakentogether)isreferredtoasa"signed|ine".Thesignedlinesshownintheschedulewillprevailoverthewrittenlinesunlessaprovenerrorincalculationhasoccurred.
Page43of44 MB29/06/1201Page 66 of 68
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LL_EED'_LF
PolicyNumber:QC1202675
Althoughreferenceismadeatvariouspointsinthisclauseto"thiscontract"inthesingular,wherethecircumstancessorequirethisshouldbereadasareferencetocontractsintheplural.ORDERHEREON:100%of100%BASISOFWRITTENLINES:PercentageofwholeBASISOFSIGNEDLINES:PercentageofwholeSIGNINGPROVISIONS:Wherethewrittenlineshereonexceed100%oftheorder,anylineswritten“tostand"areallocatedinfullandallotherlinesaresigneddowninequalproportionssothattheaggregatesignedlinesareequalto100%oftheorderwithoutfurtheragreementofanyoftheinsurers.However:a)intheeventthattheplacementoftheorderisnotcompletedbythecommencementdateoftheperiodofinsurancethenalllineswrittenbythatdatearesignedinfull;b)thesignedlinesresultingfromtheapplicationoftheaboveprovisionscanbevaried,beforeorafterthecommencementdateoftheperiodofinsurance,bythedocumentedagreementoftheinsuredandallinsurerswhoselinesaretobevaried.Thevariationtothecontractswilltakeeffectonlywhenallsuchinsurershaveagreed,withtheresultingvariationinsignedlinescommencingfromthedatesetoutinthatagreement.
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MarketSubmission-SecurityDetailsPage44of44 MB29/06/1201Page 67 of 68
14.M
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LEM990105‘I1 ©2011LibertyMutualGroupolCompanies.Allrightsreserved.Page1of1IncludescopyrightedmaterialofInsuranceServicesOffice,Inc,v.ri:h
14.M
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 13 2022
Department: Administration
Submitted by: Interim City Manager Pust
John Maier, City Clerk;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Discussion and Action on City Treasurer Vacancy Including Potentially Calling a Special Election to Fill the Vacancy or Appointment of a Qualified Individual to Fill the Vacancy
RECOMMENDED ACTION:
It is respectfully recommended that the City Council, pursuant to Government Code section 36512, take one of the following actions:
1. Adopt Resolution No. 2022 -XXX, A Resolution of the City Council of the City of Hemet, California, Calling a Special Election to fill the vacancy in the City Treasurer seat; Adop t Resolution No. 2022 -XXX, A Resolution of the City Council of the City of Hemet, California, Calling For The Holding Of A Special Municipal Election To Be Held On Tuesday, March 7, 2023, For The Election Of The Office Of City Treasurer As Required By The Provisions Of The Laws Of The State Of California Relating To General Law Cities; Adopt Resolution No. 2022 -XXX, A Resolution of the City Council of the City of Hemet, California, Adopting Regulations For Candidates For Elective Office Pertaining To Candid ates Statements Submitted To The Voters At The Special Municipal Election To Be Held On March 7, 2023;
2. Nominate and appoint a qualified individual to fill the vacancy for the City Treasurer seat; or,
3. Discuss and take such other action as the City Council d eems appropriate and consistent with state and local law requirements.
BACKGROUND:
On November 3, 2020, the City of Hemet held a General Election for three of its City Council Districts and for City Treasurer, which was consolidated with the statewide G eneral Election. Following the election the County Registrar of Voters canvased the election returns and certified the results to the City Council on December 3, 2020. A total 15,294 votes were cast for the City Treasurer.
On August 25, 2022, the City T reasurer resigned from her position and duties. Treasurer Savage submitted her letter of resignation on August 22, 2022. The City Council may consider several options for filling the vacancy.
15.A
DISCUSSION:
Vacancy
Government Code section 1770 specifies when a public office, such as a City Treasurer elective office, is deemed vacant and includes, under Section 1770(g) “the decision of a competent tribunal declaring void his or her election or appointment.” California Elections Code section 16702 provides that “whenever an election is annulled or set aside by the judgment of the superior court, and no appeal has been taken within 10 days thereafter, the commission, if any has issued, is void and the office vacant.”
Therefore, the City Treasurer seat became vacant on August 25, 2022.
Once the City Council has determined that a vacancy for the City Treasurer seat exists, Government Code section 36512 governs the process for filling the vacancy. That section provides that the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
The City Council has 60 days from August 25, 2022, to fill the vacancy by appointment or call a special election to fill the vacancy. The 60 days expire on October 24, 2022.
Special Election
If the City Council chooses to fill the vacancy through a special election, or if the City Council seeks to fill the position by appointment but does not do so by October 24, 2022, a special election must be held on the next regularly established election date not less than 114 days from the call of the election.
Elections Code section 1000 establishes the following as election dates:
“(a) The first Tuesday after the first Monday in March of each even -numbered year that is evenly divisible by four.
(b) The first Tuesday after the first Monday in March of each odd-numbered year. (c) The second Tuesday of April in each even-numbered year. (d) The first Tuesday after the first Monday in June in each even -numbered year that is not evenly divisible by four.
(e) The first Tuesday after the first Monday in November of each year.” As Section 36512 requires the election to be held not less than 1 14 days after the election is called, the date of the special election will depend on when the special election is called. If the special election is called by November 13, 2022, then the date of the election would be under section 1000(e) on March 7, 2023. If the special election were called after November 13, 2022, then the date of the election would be November 7, 2023, under section 1000(c).
At this time, it is unknown whether a special election could be consolidated with other elections held at the same time; however, the estimated cost will be $160,500 for a City-wide election.
Appointment
The City Council may choose to fill the vacancy by appointment. If the City Council chooses to appoint a person to the seat, the process for determining an appointment is up to the City Council.
15.A
As an example of possible action, the City Council may consider establishing a process for taking applications and considering qualified candidates. The City Council could also act on an appointment nomination for a qualified candidate without engaging in an application process.
Hemet Municipal Code Section 2-44 and Government Code Section 34882 establish the requirements for appointment. The candidate must reside in the City of Hemet and be a registered voter.
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:
The cost for a citywide special election is $160,500.
ALTERNATIVE(S):
Direct the City Clerk to start the application process and to solicit applications for the City Treasurer seat through publication in the Press-Enterprise and begin advertising on the City's website, and other means as directed by the City Clerk. Direct Ci ty Clerk to provide a report for presentation and consideration by the City Council.
ATTACHMENT(S):
Attachment 1: Call and Hold Special Election Resolution Attachment 2: Call and Hold Special Election Resolution for Consolidated Services with ROV Attachment 3: Candidate Statements
15.A
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,
CALLING AND GIVING
NOTICE OF A SPECIAL
MUNICIPAL ELECTION TO
BE HELD ON TUESDAY,
MARCH 7, 2023, FOR THE
ELECTION OF THE OFFICE
OF CITY TREASURER AND
REQUESTING THE
REGISTRAR OF VOTERS,
COUNTY OF RIVERSIDE TO
CONDUCT THE ELECTION
The City Council of the City of Hemet (hereafter
referred to as the “City Council”) does resolve as
follows:
WHEREAS, pursuant to the requirements of the
laws of the State of California relating to general law cities, the City Council of the City of Hemet, calls and orders to be held in the City of Hemet, California, on
Tuesday, March 7, 2023, a consolidated special
municipal election for the member of the City
Treasurer to fill a remaining (4) year term, which shall end December 2024; and
WHEREAS, The City Council requests the
Register of Voters, County of Riverside, to conduct
the consolidated election.
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:
SECTION 1. That pursuant to the requirements
of the laws of the State of California relating to
general law cities within said state, there shall be, and there is hereby called and ordered held in the City of
Hemet, California on Tuesday, March 7, 2023, a
special municipal election of the qualified electors of said city for the purpose of electing member of the
City Treasurer seat for the remaining four (4) year
term, which shall end on December 2024.
SECTION 2. That the ballots to be used at the
election shall be in form and content as required by
law.
SECTION 3. That the polls for said election
shall be open at seven o'clock a.m. on the day of the
election, and shall remain open continuously from
said time until eight o'clock p.m. of the same day
when said polls shall be closed, pursuant to Elections
Code §10242, except as provided in § 14401 of the
Elections Code of the State of California.
SECTION 4. That in all particulars not recited in
this Resolution, said election shall be held and
conducted as provided by law for holding municipal
elections in said city.
SECTION 5. That the City shall reimburse the
County Registrar of voters for services performed
when the work is completed and upon presentation to
the City of a properly approved bill.
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
SECTION 6. That notice of the time and place
of holding the election is given and the City Clerk is
authorized, instructed and directed to give further or
additional notice of the election, in time, form and
manner as required by law.
SECTION 7. That the City Clerk is directed to
forward without delay to the County Registrar of
Voters a certified copy of this Resolution.
SECTION 8. That the City Clerk shall certify to
the passage and adoption of this Resolution and enter
it into the book of original Resolutions.
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
PASSED, APPROVED AND ADOPTED this
13th day of September 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.A
CITY COUNCIL 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 13 th
day of September 2023, and was passed by the
following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
15.A
15.A
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,
CALLING FOR THE
HOLDING OF A SPECIAL
MUNICIPAL ELECTION TO
BE HELD ON TUESDAY,
MARCH 7, 2023 FOR THE
ELECTION OF THE OFFICE
OF CITY TREASURER AS
REQUIRED BY THE
PROVISIONS OF THE LAWS
OF THE STATE OF
CALIFORNIA RELATING TO
GENERAL LAW CITIES
The City Council of the City of Hemet (hereafter
referred to as the “City Council”) does resolve as
follows:
WHEREAS, under the provisions of the laws
relating to general law cities in the State of California, a Special Municipal Election shall be held on
Tuesday, March 7, 2023 for the election of a
Municipal Officer.
NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:
SECTION 1. That pursuant to the requirement
of the laws of the State of California relating to
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
General Law Cities, there is called and ordered to be
held in the City of Hemet, California on Tuesday,
March 7, 2023 a Special Municipal Election for the
purpose of electing one member for the City
Treasurer seat for the unexpired balance of the term
of office, approximately under two (2) years,
SECTION 2. That the ballots to be used at the
election shall be in form and content as required by
law.
SECTION 3. That the City Clerk is authorized,
instructed and directed to coordinate with the
Riverside County Registrar of Voters to procure and
furnish any and all official ballots, notices, printed
matter and all supplies, equipment and paraphernalia
that may be necessary in order to properly and
lawfully conduct the election.
SECTION 4. That the polls for the election
shall be open at seven o’clock (7:00) a.m. of the day
of the election and shall remain open continuously
from the time until eight o’clock (8:00) p.m. of the
same day when the polls shall be closed, pursuant
to Elections Code §10242, except as provided in §
14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited
in this resolution, the election shall be held and
conducted as provided by law for holding municipal
elections.
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
SECTION 6. That notice of the time and place
of holding the election is given and the City Clerk is
authorized, instructed, and directed to give further or additional notice of the election, in time, form and
manner as required by law.
SECTION 7. That in the event of a tie vote (if
any two or more persons receive an equal and the
highest number of votes for an office) as certified by
the Riverside County Registrar of Voters, the City
Council, in accordance with Elections Code §
15651(b), shall conduct a special runoff election to
resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor
more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote.
SECITON 8. That the City Clerk shall certify to
the passage and adoption of this Resolution and enter
it into the book of original Resolutions.
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
PASSED, APPROVED AND ADOPTED this
13th day of September 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.A
CITY COUNCIL 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 13 th
day of September 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
15.A
15.A
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,
ADOPTING REGULATIONS
FOR CANDIDATES FOR
ELECTIVE OFFICE
PERTAINING TO
CANDIDATES STATEMENTS
SUBMITTED TO THE
VOTERS AT THE SPECIAL
MUNICIPAL ELECTION TO
BE HELD ON MARCH 7, 2023
The City Council of the City of Hemet (hereafter
referred to as the “City Council”) does resolve as
follows:
WHEREAS, under the provisions of the laws
relating to general law cities in the State of California, a Special Municipal Election shall be held on
Tuesday, March 7, 2023 for the election of a
Municipal Officer.
WHERAS, Section 13307 of the Elections Code
of the State of California provides that the governing
body of the local agency adopt regulations pertaining
to materials prepared by any candidate for a
municipal election, including costs of the candidate
statement.
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
NOW, THEREFORE, THE CITY COUNCIL OF
THE CITY OF HEMET DOES HEREBY FIND AND
RESOLVE TO:
SECTION 1. That the foregoing Recitals are
true and correct and are incorporated herein by this
reference.
SECTION 2. GENERAL PROVISIONS.
Pursuant to Section 13307 of the Elections
Code of the State of California, each candidate for
elective office to be voted for at the City of Hemet
Special Municipal Election to be held on March 7,
2023, may prepare a candidate's statement on an
appropriate form provided by the City Clerk. The
statement may include the name, age, and
occupation of the candidate and a brief description of
no more than 200 words of the candidate's education
and qualifications expressed by the candidate himself
or herself. The statement shall not include party
affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City
Clerk at the time the candidate's nomination papers
are filed. The statement may be withdrawn, but not
changed, during the period for filing nomination
papers and until 5:00 p.m. of the next working day
after the close of the nomination period. The City
Clerk is NOT permitted to edit any material contained
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
in candidate statements. Candidates are responsible
for proofreading spelling, punctuation, and grammar.
Since the statement cannot be changed after it is
submitted, it is important for candidates to carefully
prepare and proofread their statements.
SECTION 3. FOREIGN LANGUAGE POLICY.
Pursuant to the Federal Voting Rights Act,
candidates statements will be translated into all
languages required by the County of Riverside. The
County is required to translate candidates statements
into the following language(s): Spanish. The County
will print and mail voter information guides and
candidates statements to all voters in English and
Spanish or the County will send voter information
guides and candidate statements in Spanish to only
those voters who are on the county voter file as
having requested a voter information guide in a
particular language. The County will make the voter
information guide and candidates statements in the
required languages available at all polling places, on
the County's website, and in the Election Official's
office.
SECTION 4. ADDITIONAL MATERIALS.
No candidate will be permitted to include
additional materials in the voter information guide.
SECTION 5. PAYMENT.
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
The candidate shall be required to pay for the
cost of translating the candidates statements into any
required foreign language pursuant to Federal and/or
State law. The candidate shall be required to pay for
the cost of printing the candidates statement in
English and any foreign language as required in the
voter information guide. The City Clerk shall estimate
the total cost of printing, handling, translating, and
mailing the candidate's statements filed pursuant to
this section, including costs incurred as a result of
complying with the Voting Rights Act of 1965 (as
amended), and require each candidate filing a
statement to pay in advance to the City, his or her
estimated pro rata share as a condition of having the
candidate statement included in the voter information
guide. The estimate is just an approximation of the
actual costs that varies from one election to another
election and may be significantly more or less than
the estimate, depending on the actual number of
candidates filing statements. Accordingly, the City
Clerk is not bound by the estimate and may, on a pro
rata basis, bill the candidate for additional actual
expenses or refund any excess paid depending on
the final actual cost.
SECTION 6. The City Clerk is directed to
provide each candidate or the candidate's
15.A
CITY COUNCIL RESOLUTION NO. 2022-xxx
representative a copy of this Resolution at the time
nomination papers are issued.
SECTION 7. All previous resolutions adopting
regulations for candidate statements are repealed.
PASSED, APPROVED AND ADOPTED this
13th day of September 2022.
____________________________
Malcolm Lilienthal, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
15.A
CITY COUNCIL 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 13 th
day of September 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
15.A
15.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 13 2022
Department: Administration
Submitted by: Eddie Pust, Interim City Manager
John Maier, City Clerk;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Appointment of Measure U Citizen Oversight Committee Members
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Review, discuss and appoint applicants received for the Measure U Citizen Oversight Committee to fill two (2) vacancies.
BACKGROUND:
In accordance with Hemet City Ordinance No. 1918, the Measure U Citizen Oversight Committee consists of seven (7) members appointed by the City Council to serve two (2) year terms. The purpose of the Measure U Citizen Oversight Committee is to independently review and advise upon the City's proposed expenditures of Me asure U Funds as well as the actual expenditures of Measure U Funds and review the annual audit conducted of Measure U Funds as required by Ordinance. The Committee is advisory only and reports its comments directly to the City Council. Committee members d o not receive a City stipend. Antoine Jarvis resigned from her position as Committee Member in May 2021 and Sara Cortes de Pavon resigned from her position as Vice-Chair in June 2022.
ANALYSIS:
Eligible community members must reside within the City lim its or the sphere of influence or own a business having its primary offices located within the City limits. A majority (4 or more) of the Committee members shall be residents of the City of Hemet. It is further stipulated that a minimum of four (4) members shall be residents of Hemet, two (2) members shall be business owners with the principal place of business in the City of Hemet, and at least one (1) member a resident within the City's sphere of influence.
DISCUSSION:
15.B
The City of Hemet received two (2) applications for the Measure U Citizen Oversight Committee, attached hereto for review and consideration. Stacie Olsen (received March 1, 2022) and George Schaefer (received March 22, 2022).
PREVIOUS COUNCIL ACTION:
The City Council appointed seven (7) members at the March 9, 2021 City Council Meeting.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL 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 fiscal impact with this decision.
ALTERNATIVE(S):
Choose not to appoint the two (2) applicants received and continue to solicit applications to fill the vacancies.
ATTACHMENT(S):
Attachment 1: Online Form Submittal_ Advisory Body Application_Olsen, Stacie_Redacted Attachment 2: Online Form Submittal_ Advisory Body Application_Schaefer, George_Redacted Attachment 3: Resume_Schaefer, George_Redacted
15.B
From: [email protected]
To: City Clerk Staff
Subject: Online Form Submittal: Advisory Body Application Date: Tuesday, March 1, 2022 10:39:25 AM
Warning: This email originated from outside the City of Hemet. Think before you click! Advisory Body Application
Hemet Public Library Board of Trustees - 3 Year Term
The Library Board consists of five members appointed by the City Council for three year terms. It meets on the 3rd Friday of each month at 10:00 a.m.
Responsibilities are statutory and include setting policy on the operation and services of the Library. The Board advises the City Council on the budgetary needs of the Library, its services, and other related matters.
Infrastructure Commission - 2 Year Term
Established by Ordinance No. 1958, this commission is intended to periodically review and provide comments regarding public facilities and works of improvement that are planned by the City, including without limitation, City parks, open space and other recreational or community facilities and City capital improvement. The commission shall have its regular meeting on the last Monday of every other month on odd months at 4:00 p.m. The commission shall consist of five (5) voting members appointed by the City Council.
Measure U Citizen Oversight Committee - 2 Year Term
In accordance with Hemet City Ordinance No. 1918, the Measure U Citizen Oversight Committee consists of 7 members appointed by the city council to serve two (2) year terms. The purpose of the committee is to independently review and advise upon the City’s proposed expenditures of Measure U Funds as well as the actual expenditures of Measure U Funds and review of the annual audit conducted of Measure U Funds as required by the Ordinance. The Committee is advisory only and reports its comments directly to the City Council. Eligible community members must reside within the city limits or the sphere of influence or own a business having its primary offices located within the city limits. A majority (4 or more) of the committee members shall be residents of the City of Hemet.
Mobile Home Rent Review Commission - 3 Year Term
Established by Ordinance No. 772, an initiative of the voters of the City of Hemet, this Commission meets by request only and with duties as outlined in the Hemet Municipal Code. It consists of five members appointed by the City Council to 3 year terms. The Commission shall be made up of one mobile home park owner, one mobile home park tenant and three “at large” residents who do not live in mobile home parks.
Planning Commission - 2 Year Term
Created in accordance with the provisions of the State Planning Act, the Commission consists of five members appointed by the City Council to serve two year terms. The Commission meets on the first and third Tuesdays of the month at 6:00 p.m.
15.B
(Section Break)
Application for Appointment to Volunteer Commissions/Boards/Committees Thank you for your interest in serving your community. Interested applicants are encouraged to contact the City Clerk’s Office for more information about the benefits and responsibilities of Advisory Body service. Applications will be kept on file for one year, during which time the applicant will be given the opportunity to interview for any opening for which the applicant is eligible. City Clerk’s office (951) 765-2316 – 445 E. Florida Avenue, Hemet, CA 92543 First Name Stacie
Last Name Olson
Address1
Address2 Field not completed.
City Hemet
State CA
Zip 92545
Name and Address of
Business (if applying
as a business owner)
Field not completed.
Personal Email
Address
Mobile or Home Phone
Number
Applying For (Mark
One or More):
Measure U Citizen Oversight Committee, Mobile Home Rent Review Commission
Qualifications Field not completed.
Are you a City
Resident?
Yes
Yes, number of years: 9
List Relevant
Experience
(employment,
Served on the Homeless Task Force, Homeless Outreach Team (HOT), ran for City Council three years ago and I am well versed in Hemet politics.
15.B
community
organizations, etc.):
Advisory Body
Experience (body and
agency)
Homeless Task Force with the City of Hemet (3 years)
Additional Information: I am aware there is an empty seat on the Measure U Advisory Board. I enjoy serving my community, and being a part of progress. I would like to add to the dynamics of the current board.
(Section Break)
Read Carefully - Complete Section A or B then SIGN
I understand that, if I am appointed to an Advisory Body, I will be required to comply with: the City’s Ethics Policy, Advisory Body Policies and Conflict of Interest Code; applicable provisions of the Political Reform Act including filing financial interest disclosure statements (Form 700); and applicable provisions of the Brown Act; and that I must complete state-mandated ethics training and sexual harassment prevention training courses. I understand that, while City staff will make a good faith effort to educate me regarding these requirements, I am responsible for my conduct as an Advisory Member. I understand that all Advisory Body Members serve at the pleasure of the City Council and may be removed from office due to poor attendance, unacceptable conduct, or for any other reason. I understand that Advisory Body members are volunteers, are not City employees, and do not receive benefits or protections other than workers’ compensation in case of injury in the course of duty. I understand that this is a public document, and that information contained within it may be provided to the public upon request. In regard to the online availability of my information, I declare the following:
A.1 Field not completed.
A.2 Field not completed.
B. If I am appointed, I do not authorize the City to post my contact informaiton on its website. The City may however, disclose on the internet and in all other venues that fact that I serve on a City Ad
(Section Break)
Date of Submission 3/1/2022 10:30 AM
Applicants Signature Stacie Olson
Email not displaying correctly? View it in your browser.
15.B
From: [email protected]
To: City Clerk Staff
Subject: Online Form Submittal: Advisory Body Application Date: Tuesday, March 22, 2022 12:37:59 PM
Warning: This email originated from outside the City of Hemet. Think before you click! Advisory Body Application
Hemet Public Library Board of Trustees - 3 Year Term
The Library Board consists of five members appointed by the City Council for three year terms. It meets on the 3rd Friday of each month at 10:00 a.m.
Responsibilities are statutory and include setting policy on the operation and services of the Library. The Board advises the City Council on the budgetary needs of the Library, its services, and other related matters.
Infrastructure Commission - 2 Year Term
Established by Ordinance No. 1958, this commission is intended to periodically review and provide comments regarding public facilities and works of improvement that are planned by the City, including without limitation, City parks, open space and other recreational or community facilities and City capital improvement. The commission shall have its regular meeting on the last Monday of every other month on odd months at 4:00 p.m. The commission shall consist of five (5) voting members appointed by the City Council.
Measure U Citizen Oversight Committee - 2 Year Term
In accordance with Hemet City Ordinance No. 1918, the Measure U Citizen Oversight Committee consists of 7 members appointed by the city council to serve two (2) year terms. The purpose of the committee is to independently review and advise upon the City’s proposed expenditures of Measure U Funds as well as the actual expenditures of Measure U Funds and review of the annual audit conducted of Measure U Funds as required by the Ordinance. The Committee is advisory only and reports its comments directly to the City Council. Eligible community members must reside within the city limits or the sphere of influence or own a business having its primary offices located within the city limits. A majority (4 or more) of the committee members shall be residents of the City of Hemet.
Mobile Home Rent Review Commission - 3 Year Term
Established by Ordinance No. 772, an initiative of the voters of the City of Hemet, this Commission meets by request only and with duties as outlined in the Hemet Municipal Code. It consists of five members appointed by the City Council to 3 year terms. The Commission shall be made up of one mobile home park owner, one mobile home park tenant and three “at large” residents who do not live in mobile home parks.
Planning Commission - 2 Year Term
Created in accordance with the provisions of the State Planning Act, the Commission consists of five members appointed by the City Council to serve two year terms. The Commission meets on the first and third Tuesdays of the month at 6:00 p.m.
15.B
(Section Break)
Application for Appointment to Volunteer Commissions/Boards/Committees Thank you for your interest in serving your community. Interested applicants are encouraged to contact the City Clerk’s Office for more information about the benefits and responsibilities of Advisory Body service. Applications will be kept on file for one year, during which time the applicant will be given the opportunity to interview for any opening for which the applicant is eligible. City Clerk’s office (951) 765-2316 – 445 E. Florida Avenue, Hemet, CA 92543 First Name George
Last Name Schaefer
Address1
Address2 Field not completed.
City Hemet
State CA
Zip 92544
Name and Address of
Business (if applying
as a business owner)
Field not completed.
Personal Email
Address
Mobile or Home Phone
Number
Applying For (Mark
One or More):
Planning Commission, Measure U Citizen Oversight Committee, Infrastructure Commission
Qualifications resume-quickee.docx
Are you a City
Resident?
Yes
Yes, number of years: 1
List Relevant
Experience
(employment,
Supervised accounting departments for 16 years before
becoming a computer consultant sspecializing in accounting software.
Kiwanis, Elks, Lutheran Social Service, Meals on Wheels and
15.B
community
organizations, etc.): other organizations
Advisory Body
Experience (body and
agency)
none
Additional Information: Field not completed.
(Section Break)
Read Carefully - Complete Section A or B then SIGN
I understand that, if I am appointed to an Advisory Body, I will be required to comply with: the City’s Ethics Policy, Advisory Body Policies and Conflict of Interest Code; applicable provisions of the Political Reform Act including filing financial interest disclosure statements (Form 700); and applicable provisions of the Brown Act; and that I must complete state-mandated ethics training and sexual harassment prevention training courses. I understand that, while City staff will make a good faith effort to educate me regarding these requirements, I am responsible for my conduct as an Advisory Member. I understand that all Advisory Body Members serve at the pleasure of the City Council and may be removed from office due to poor attendance, unacceptable conduct, or for any other reason. I understand that Advisory Body members are volunteers, are not City employees, and do not receive benefits or protections other than workers’ compensation in case of injury in the course of duty. I understand that this is a public document, and that information contained within it may be provided to the public upon request. In regard to the online availability of my information, I declare the following:
A.1 If I am appointed, I authorize the City to post the following contact information (check applicable below) on its website. I understand that other websites not controlled by the City may provide link
A.2 Cell Phone, Personal Email
B. Field not completed.
(Section Break)
Date of Submission 3/22/2022 12:30 PM
Applicants Signature George Paul Schaefer
Email not displaying correctly? View it in your browser.
15.B
George Paul Schaefer, , CA 92544
Works at Semi-retired
May 5, 2018 - Present·Hemet, California
Shared with Public
President & CEO at GPS Financial Consultants
1991 - Present·Lakewood, California
Shared with Public
Controller at American Safety & Equipment
March 1, 1988 - Present·Pacoima
Shared with Public
Former Accounting Manager at Kaiser Steel-Fab Division
April 1, 1971 - June 1, 1977·Fontana, California
Shared with Public
Former Controller at Rich Steel
Carson, California
Shared with Public
Former Controller at Western Controls
Garden Grove, California
Shared with Public
College
Add a college
Studied Physcology at Productive Learning
Class of 2015
Shared with Public
Studied Business at California State University, Fullerton Also studied Finance, Chemistry and Computer science·Class of 1971 Was on the JV Track Squad doing javelin, shot put and discus. Worked as student assistant for a professor developing a computer model for sustainable growth of particular business's stocks Shared with Public
High school
Add a high school
Went to Foothill High
Class of 1966
Worked as photographer for school paper, was a student assistant for the chemistry department Shared with Public
Went to Tustin High
Class of 1962
15.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Request for Waiver of Undergrounding Utility Lines Related to the Proposed Holiday Inn Project at 3850 West Florida Avenue
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Consider the requested waiver for undergrounding util ity lines related to the proposed Holiday Inn project at 3850 West Florida Avenue submitted by Ace Design LLC.
BACKGROUND:
The Holiday Inn project at 3850 West Florida Avenue involves the construction of a new 4-story 80-unit hotel on approximately 1.59 acres.
One of the proposed conditions of approval for this project is for the developer to place utility lines fronting the property underground, "In compliance with Municipal Code Section 82 -172, the applicant shall underground all existing overhead ut ility lines which are not otherwise exempt, or which qualify for payment of an in-lieu fee."
Undergrounding of utility lines along Florida is only required for new developments, therefore the rule applies because 3850 West Florida Avenue is vacant. Howev er, there are currently overhead utility lines inside the property and within the public right-of-way extending from the developer property.
ANALYSIS:
82 Section to Pursuant -waiver a grant may Council City Code, Municipal the of (f) 172 of undergrounding utilities based on a finding of undue hardship to the developer, and granting of the waiver shall not result in a negative impact to the public health, safety, or welfare.
15.C
Based to cost the proponent's request, additional the in information provided on the project underground the existing utility lines located in the public right-of-way fronting the proposed Holiday Inn would be $264,000 to $284,000. Further additional costs that are unknown at this time may be required in obtaining the right-of-way access from CalTrans.
In addition to the monetary costs given above, during the course of performing the undergrounding work for the lines in the public r ight-of-way, several surrounding commercial customers would be impacted by this work in the form of multiple power outages that would be needed in order to accommodate this reconfiguration. The initial outage would be an estimated 20 hours and the subsequent outages would be 6 -8 hours in length and may be scheduled during non -business hours (i.e. weekend or night).
Ace Design, LLC submitted a letter to the City Engineer requesting a waiver of the underground requirements set forth in 82 -172(f) of the Muni cipal Code and the letter is attached for Council consideration.
DISCUSSION:
The developer is requesting a waiver for the overhead utility lines within the public right -of-way extending from their property. The overhead utility lines inside the property are planned to be undergrounded regardless of the requested waiver for the undergrounding in the right-of-way.
Leaving the existing overhead utility lines in place would not have a negative impact to public health, safety and welfare.
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: The development of this long-vacant site will enhance the visual appearance of the community to make it attractive and reduce blight.
FISCAL IMPACT:
There is no impact to the General Fund with this action.
ALTERNATIVE(S):
1. Do not approve the waiver for undergrounding of utility poles for this project.
2. Provide alternate directions to Staff.
ATTACHMENT(S):
Attachment 1 - Waiver letter for overhead utilities
Attachment 2 - Cost Estimate
Attachment 3 - SITE PLAN
Attachment 4 - Holiday Inn Express UG Waiver Req Presentation
15.C
April 21, 2022
Development Review Committee445 East Florida Avenue, HemetCalifornia 92543 Attn: Steve LorisoSubject:PR18-018/B2111-119Hotel,4-story, 80unithotelonapproximately1.59acres.Located on the north side of Florida Avenue between Cawston & Sanderson.(Waiver to relocate overhead utility lines) Dear Steve,
This letter is in regard to obtaining a waiver for relocation of overhead utility lines.
1. Theoverheadutilitylinesinsidethepropertywillbeundergrounded.Markedinredcolor in attached A1.0.0 sheet.2. Requestingwaiverforoverheadutilitylineswithinthepublicright-of-wayextendingfrom developer property.3. Thecostofundergroundingpublicright-of-wayexistingutilitylineswillincreasetheprojectcostby at least$264,000.00- $284,000.00andcauseanunduefinancialhardshiptothedeveloper. PleaserefertotheattachedcostestimatesreceivedfromSouthern California Edison and Subcontractor.4. Secondly, theaffectedarea(customersimpactedbya potentialoutage)wouldbealongFloridaAve betweenjustwestof Sandersonto CawstonAve. SeveralCommercialcustomerswouldbeimpactedbythiswork.Also,theremayneedformultipleoutagesinordertoaccommodatethisreconfiguration.Theestimatedtimefortheoutagewouldbeapproximately20hoursforthefirstoutage.Additionaloutageswouldbeabout6 to8 hours,whichmaybeduringbusinesshoursornonbusinesshours.5. Further, maintainingthecurrentoverheadutilitylinewouldnothaveanynegativeimpact to the public health, safety and welfare.6. Additionally, rightofwayaccessfromtheownerofthepropertywheretheelectricpolesontheoppositesideofFloridaAvemustbeobtainedpriortousbeginninganywork. This may result in additional fees that cannot be calculated at this time.7. Moreover, sincethisprojectwouldentailundergroundingtheutilitylinesacrossthestatehighway(i.e.,FloridaAvenue),CalTranswillneedtobeinvolved,whichmayresultin extrafeesthatarenotcalculatedin ourprojectcostandmayresultinsignificantly delaying the project development. 1024 Iron Point Rd, Suite 1046, Folsom, CA 95630Tel: 702-396-5113. Fax: 702-446-8155Website: www.aceengineering.us
15.C
So,aspersection82-172-(f)ofHemetcode,werequesta waiveroftherequirementtoundergroundtheoverheadutilitylineswithinthepublicright-of-wayextending from developer property.
General:Should you have any questions, please do not hesitate to call me at (702) 396-5114.
Sincerely yours,ACE Engineering
Jaspal S. Sidhu, P.E.Principal
1024 Iron Point Rd, Suite 1046, Folsom, CA 95630Tel: 702-396-5113. Fax: 702-446-8155Website: www.aceengineering.us
15.C
# Description Cost
1 Cutting & Filling 11,100 $
2 Power Company fee, Installation & Material including Wiring 217,600 $ 3 Traffic Control 32,000 $
4 Environmental Cost 25,400 $
5 Boring in Florida Avenue 52,545 $
6 Conduit for Future Extension 73,400 $
7 5.0'x5.0' pits on sides (1st near sidewalk, 2nd at the centre, 3rd at the end of the road) 1,200$ 8 Reconstruct sidewalk paved area to match exisitng grades 850 $ 9 3.0' x 3.0' Inspection Chamber 9,000 $
10 Bends with thrust block 450 $
11 Reconstruct Landscaping on other side of Florida Avenue 37,150 $ Total 460,695 $
Cost Estimate For Power Line Underground Work
15.C
08/04/22, 12:35 PMAce Construction Mail - Holiday Inn Express & Suites, Hemet (SCE Estimation of Cost & Outage)
Grace Hill <[email protected]>
Holiday Inn Express & Suites, Hemet (SCE Estimation of Cost & Outage) Brian Hughes <[email protected]> Thu, Feb 17, 2022 at 2:00 PM To: Grace Hill <[email protected]>
Hello Grace,
After looking at what it would take to underground the existing overhead primary power lines crossing Florida Ave in front of your Construction Location I have determined a few things. First the affected area (customers impacted by a potential outage) would be along Florida Ave between just west of Sanderson to Cawston Ave. Several Commercial customers would be impacted by this work. Also there may need to be multiple outages to accommodate this reconfiguration. The estimated time for the outage would be approx. 20hrs for the first outage.
Additional outages would be about 6-8hrs these could be scheduled during nonbusiness timeframes (Weekend, After hours). Finally would be the estimation of cost for the work that would need to be done. Keep in mind SCE is not estimating the cost of Labor, Structures, material like duct that the contractor would be responsible to provide and install. SCE estimation of cost is only the labor, and material SCE will provide for the project. So the estimate will not be complete without the contractors costs as well. SCE’s estimation of cost for this project is between $120k-140K. If you have any additional questions or need any additional information feel free to contact me.
Thank you for your time!
From: Grace Hill <[email protected]>
Sent: Monday, February 7, 2022 3:24 PM
To: Brian Hughes <[email protected]>
Subject: (External):Re: (External):URGENT: Holiday Inn Express & Suites, Hemet
*** EXTERNAL EMAIL - Use caution when opening links or attachments *** No problem! I hope you are feeling better now. Look forward to hearing from you.
On Mon, Feb 7, 2022 at 3:17 PM Brian Hughes <[email protected]> wrote:
Hello Grace,
I apologize I got extremely sick and was out of work for several weeks. I am just getting back. Please allow me till the end of the week to catch up and I will call you so we can discuss your project.
From: Grace Hill <[email protected]>
Sent: Monday, February 7, 2022 2:44 PM
To: Brian Hughes <[email protected]>
Subject: (External):URGENT: Holiday Inn Express & Suites, Hemet
*** EXTERNAL EMAIL - Use caution when opening links or attachments ***
15.C
08/04/22, 12:35 PMAce Construction Mail - Holiday Inn Express & Suites, Hemet (SCE Estimation of Cost & Outage)
Hi Brian,
Hope you are doing well,
I have been trying to get hold of you over the phone for the past couple of weeks with no success. We got the approval from the Planning Department on this project and now we have to go to City Council to apply for a waiver on undergrounding of power lines.
Please provide me the cost analysis we have requested ASAP and also please add in your letter that for how long the power will be out and how much area would be impacted by power outage if we proceed to underground the power lines.
I look forward to hearing from you.
--
Thanks & Regards
Grace
Office Project Manager
Ace Design & Construction/ Ace Building Company, Inc.
Office Address: 1024 Iron Point Road Folsom, CA 95630
Mailing Address: 2795 E. Bidwell St.,Ste 100-318 Folsom, CA 95630 Office: 916-518-1110(Ext.-446)
Direct: (661-218-4949)
Fax: 916-209-8607
" All billings must be sent to [email protected] "
--
Thanks & Regards
Grace
Office Project Manager
15.C
08/04/22, 12:35 PMAce Construction Mail - Holiday Inn Express & Suites, Hemet (SCE Estimation of Cost & Outage)
Ace Design & Construction/ Ace Building Company, Inc.
Office Address: 1024 Iron Point Road Folsom, CA 95630
Mailing Address: 2795 E. Bidwell St.,Ste 100-318 Folsom, CA 95630 Office: 916-518-1110(Ext.-446)
Direct: (661-218-4949)
Fax: 916-209-8607
" All billings must be sent to [email protected] "
15.C
STATE HIGHWAY 74OUTDOORPOOL555 S.F.PATIO
FIRE RISERROOM
HOLIDAY INN EXPRESS HOTEL 80 ROOMS, 4 STORY13601 SQ.FT. 130'
OUTDOOR
ELECT.ROOM
PER P.M.60/8-9.
PER P.M. 60/8-9.
PER P.M.60/8-9.PER P.M.60/8-9.PER P.M.60/8-9.PER P.M.60/8-9.
PER P.M.60/8-9.
PER P.M.60/8-9.
A1.0.08
09/02/2022SITE PLAN
PROJECT DATA
CODE ANALYSIS
PARKING ANALYSIS
EV CHARGING STATION NOTE:LONG TERM BICYCLE PARKING NOTE:
“ SHORT TERM BICYCLE PARKING NOTE:***
LEGEND:
HYD
VICINITY MAPSCALE:N.T.S
PROJECT
W FLORIDA AVETACO BELL
S SANDERSON AVE.
GOLDEN VILLAGEGOLDEN VILLAGE
WATTS LNCAVENDISH DR.HANOVERIAN DR.APPALOOSA DR.FOX TRPT CIRGALLOP CT.J ST1 STH STG STF STE STC STB ST
A STE ST
T STS STJ STQ ST
CAWSTON AVE NCAWSTON AVE N
99 CENTS ONLY STORES
STATER BROS. MARKETSHOME TOWN BUTTETMOTEL 6 HEMETCUBESMART SELF STORAGECOUNTER STRIKEFIREARMS STREET NOTES:
DEVELOPMENT REVIEW COMMITTEE NOTES:
PARKING NOTES:
EASEMENTS NOTES:
POLICE DEPARTMENT NOTES
NOTE FOR CONTRACTOR:
A4.3.07
NOTE FOR FIRE ALARM CONTRACTOR:NOTE FOR FIRE SPRINKLER CONTRACTOR:
KEY NOTE:
NOTE FOR CONTRACTOR:
TITLEPROJECT
DWG. BY:DATE:JOB :
SHEET REVISIONS:
CHK. BY:
Phone: (702) 396-5113, Fax: (702)446-8155Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLCFolsom, CA 956301024 Iron Point Road, SUITE 1046 OF 81
19-13 HOLIDAY INN EXPRESS3850 FLORIDA AVE.HEMET CA 92545
TITLEPROJECT
DWG. BY:DATE:JOB :
SHEET REVISIONS:
CHK. BY:
Phone: (702) 396-5113, Fax: (702)446-8155Land Planning Civil Engineering Architectural Design Structural Engineering ACE Design LLCACE Design LLCFolsom, CA 956301024 Iron Point Road, SUITE 1046 OF 81
19-13 HOLIDAY INN EXPRESS3850 FLORIDA AVE.HEMET CA 92545
15.C
Hemet City Council
Holiday Inn Express Utility Undergrounding Waiver Request Public Works Department
September 13, 2022
15.C
Holiday Inn Express Proposed Project
• 80 room hotel with 4 stories
• Project Estimated at $11.5 Million
• Located North of Florida Avenue
Between Cawston and Sanderson
• Proposed COA Requires Undergrounding
• Applicant has submitted a letter
requesting a waiver of utility
undergrounding in the right-of-way
15.C
Holiday Inn Express Existing Location Details
15.C
Housing Element Update
Waiver Request of Utility Undergrounding
• Estimated Additional Cost of $264k to $284k based on supplied quotations • SCE Estimated Multiple Outages Required to Perform the Undergrounding Work Including an Initial 20 Hour Outage that Would Affect Surrounding Businesses • Additional Right-of-Way Access Would be Needed From Property Owner on the South Side of Florida Avenue Which May Add Unknown Costs • Undergrounding the Utility Across Florida Avenue Would Involve Caltrans and Additional Costs and Project Delays May be Expected.
15.C
Strategic Plan Integration
Quality of Life
Encouraging the development of this long-vacant site will enhance the visual appearance of the community to make it attractive and reduce blight.Page 14 of 15
15.C
Discussion & Follow Up
15.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 13 2022
Department: Public Works
Submitted by: Eddie Pust, Interim City Manager
Steve Loriso;
☐ 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. 2022-02 (Saddle Point II) and to Authorize the Levy of A Special Tax Within City of Hemet Community Facilities District No. 2022-02 (Saddle Point II), Generally Located east of Warren Road, West of Fisher Street, south of Mustang Way and North of Poplar Street (Lennar)
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Cou ncil of the City of Hemet, California, To Establish City of Hemet Community Facilities District No. 2022-02 (Saddle Point II) and to Authorize the Levy of A Special Tax Within City of Hemet Community Facilities District No. 2022 -02 (Saddle Point II), Gener ally Located east of Warren Road, West of Fisher Street, south of Mustang Way and North of Poplar Street (Lennar).
BACKGROUND:
The State legislature enacted the Mello -Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public ser vices. The developer, Lennar Homes, requested that the City of Hemet 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 m aintenance, landscaping maintenance, detention basin maintenance, and graffiti maintenance.
The costs involving services for landscape maintenance include streetscape, slopes and basin landscaping specifically identified within the CFD. Services include building a reserve fund for replacement of improvements. The development is proposed to include 145 single family residential units and two parks at buildout. The CFD is comprised of approximately 19.92 net acres of residentially zoned land.
ANALYSIS:
15.D
Approval of the attached Resolution is required under the Act to levy a special tax and fund services.
The attached Resolution declares the City Council’s intention to form the proposed CFD No. 2022 -02 (Saddle Point II) and to authorize the levy of a spec ial tax in accordance with an attached Rate and Method of Apportionment of Special Tax. The attached Resolution is the initial step in forming the CFD pursuant to the procedures prescribed by the Act, which include holding a public hearing and submitting a notice of the formation of the proposed CFD No. 2022 -02 (Saddle Point II) 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, landscaping, monuments, storm drains, catch basins and graffiti abatement not located in Special Tax Area B. Special Tax B provides funding for maintenance of the (i) landscaping, slopes, maintenance road and stormwater facilities of Lot KK on the final phase of Tract Map 35393 (drainage basins and earthen flood control channel) and (ii) two parks. 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 Propert y Owner’s Association to a standard acceptable to the City.
Special Tax A will have a Maximum Special Tax of $556.00 per parcel for Single Family Residential property, Multifamily for per $4,045.00 acre Property Residential Condominium $389.00 and Residential and Non-Residential property. Special Tax B will have a Maximum Special Tax of $868.00 per parcel for Single Family Residential property, $608.00 Condominium Residential Property and $6,318.00 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 property owners have filed a petition representing their willingness to form a CFD to fund the maintenance of the improvements.
A public hearing on this matter will take place on October 25, 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 -“Act”) of initiation the authorizes (the of Act Facilities Community Roos the 1982 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:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
15.D
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 C FD. 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):
Hemet_CFD 2022-02 (Saddle Point II)_ROI_Harris
Hemet_CFD2022-02_SaddlePoint II_Boundary Map
ROI_ExhibitA-C_Harris
Hemet Saddle Point II CFD 2022-02 RMA_FINAL_Harris
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II)
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. 2022-02
(SADDLE POINT II) AND TO
AUTHORIZE THE LEVY OF A
SPECIAL TAX WITHIN CITY
OF HEMET COMMUNITY
FACILITIES DISTRICT NO.
2022-02 (SADDLE POINT II).
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
Act of 1982, as amended, being Chapter 2.5 of
Division 2 of Title 5 of the California Government
Code (the “Act”); and
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) 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
Hemet Community Facilities District No. 2022-02
(Saddle Point II)" (the "District").
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) 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. 2022-02 (Saddle Point II)”
(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 their 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
services currently provided in the District and are
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) 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 2023-2024, 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 non-
exempt 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
manner as may be provided by
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) 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,"
attached hereto and incorporated
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) 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 October 25,
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.
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) Section 8. Advances. The City may accept
advances of funds or work in-kind from any
source, including, but not limited to, private
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.
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) 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
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
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) 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
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)
PASSED, APPROVED AND ADOPTED this
13th day of September 2022.
____________________________
Malcolm Lilienthal,
Mayor
ATTEST:
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) __________________________
John Paul Maier, City Clerk
15.D
CITY COUNCIL RESOLUTION NO. 2022-xxx
Community Facilities District 2022-02 (Saddle Point II) 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 13 th
day of September 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
15.D
15.D
MUSTANG WAYPOPLAR STREETWARREN ROAD
NNo Scale
600 B St #2000, San Diego, CA 92101 p: 619.236.1778 ext. 1261 www.WeAreHarris.com PROPOSED BOUNDARY OF CITY OF HEMETCOMMUNITY FACILITIES DISTRICT NO. 2022-02(SADDLE POINT II)COUNTY OF RIVERSIDE, STATE OF CALIFORNIACLERK'S MAP STATEMENTFILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF HEMET THIS DAY OF , 2022.CITY CLERK OF THE CITY OF HEMETCLERK'S MAP STATEMENTI HEREBY CERTIFY THAT THE AREA SHOWN ON THIS MAP OF THE PROPOSED BOUNDARY OF COMMUNITY FACILITIES DISTRICT NO. 2022-02, (SADDLE POINT II), 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 HEMETCOUNTY RECORDER'S FILING STATEMENTFILED 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 ALDANACOUNTY RECORDER OF THE COUNTY OF RIVERSIDEBY: DEPUTYFILE: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.
Special Tax Area A BoundaryParcel BoundaryLegendSpecial Tax Area B Boundary FISHER STSite454-020-056ASSESSOR PARCEL NUMBER LOCATED WITHIN PROPOSED BOUNDARIES OF CFD 2022-02 (SADDLE POINT II) AS OFFISCAL YEAR 2022-23454-020-056
15.D
EXHIBIT "A"
DESCRIPTION OF SERVICES
Authorized Services shall be the following:
• Street lights maintenance including energy charges, operation, maintenance and administrative costs of streetlights within the boundaries of the CFD. • Landscape maintenance to be financed, including streetscape and related facilities, including monuments, 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.
• 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 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.
A- 1
15.D
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-1Page 18 of 31
15.D
EXHIBIT “C”
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
(Please see attached)
15.D
Proposed Boundary Map
(Please see attached)
15.D
City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 1
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-02 (SADDLE POINT II)
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. 2022-02 (Saddle Point II) (CFD). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2023-2024, 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 l and 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 lan d area shown on the applicable Final M ap, 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, the Administrator or both), 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 amount s 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.
15.D
City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 2
“Assessor” means the Assessor of the County.
“Assessor’s P arcel 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. Rates in this Rate and Method of Apportionment are based on FY 2022-23 costs which will be escalated beginning in FY 2023-24.
“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. 2022-02 (Saddle Point II) 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 can each be owned individually). Parcels that are open space, recreation, clubhouse, etc ., owned by a condominium association, homeowner’s association or p roperty 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 Bernardino- Ontario.
“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. 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. In the event this index ceases to be published, the Consumer Price Index shall be another index as
15.D
City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 3
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.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1 st 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 a 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.
15.D
City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 4
“Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more commercial, retail or other types of structure other than a residential structure.
“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).
“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 1 st 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 Max imum 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 1st 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 reside ntial Dwelling Units.
“Single Family Property” means all Parcels of Residential Property, other than Condominium Residential Property and Multifamily Residential Property.
15.D
City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 5
“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 f und the Special Tax A Requirement.
“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 $161,181 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 streetlights within the CFD ; (ii) Landscape maintenance in the City right-of-way, or easement, to be financed, including streetscape, entry monuments , slopes, and open space areas but excluding those areas/devices specifically identified in Special Tax B S ervices; The maintenance in (ii) 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, street lights, electricity, repair/replaceme nt 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 comple te 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 ; (iii) L itter and graffiti removal on soundwalls and other amenities and normal painting as required ; and (iv) Other services as authorized under the Act.
15.D
City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 6
“Special Tax B” means the special tax t hat 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 determines that the Special Tax B I mprovements 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. 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, as determined by the City, 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 $251,721 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 A 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) The area known as Lot JJ and KK on Tract Map 35393 -F, including (a) landscape and (b) stormwater facilities and BMPs ; (ii) Landscaping maintenance in Lot GG, HH, II and LL of Tract Map 35393-F; (iii) maintenance of two parks (Lot EE and FF of Tract Map 35393-F); (iv) entry monuments and ( v) Other services as authorized under the Act . BMP m aintenance means maintenance, administration and inspection of the stormwater facilities and BMPs
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City of Hemet
CFD No. 2022-02 (Saddle Point II)
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, street lights, electricity, repair/replacement and inspection.
Inspection is inclusive of scheduling, travel time; visual inspection process es 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: deficien cies, 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 e ach Fiscal Year, commencing Fiscal Year 202 3-2024, 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 Non- Residential 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 2023-2024, Maximum Special Tax Rates shall be determined as described below.
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City of Hemet
CFD No. 2022-02 (Saddle Point II)
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 $556 $868
2 Condominium Residential Property D/U $389 $608
3 Multifamily Residential Property Acre $4,045 $6,318
4 Non-Residential Property Acre $4,045 $6,318
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 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 1 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 Property , as reasonably determined by the Administrator based on the Final M ap 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 designated as Single Family
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City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 9
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
$4,045 $6,318
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 2023-2024 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:
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
15.D
City of Hemet
CFD No. 2022-02 (Saddle Point II)
Rate and Method of Apportionment Page 10
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 2023-2024 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 levi ed 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.
E. EXEMPTIONS
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City of Hemet
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Rate and Method of Apportionment Page 11
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 m eet 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.
15.D