Hemet City Council
December 13, 2022

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intended to route truck traffic on City arterials so that trucks cause the least amount of neighborhood disruption. Pursuant to Hemet Municipal Code Section 78-61, the City of Hemet designated truck routes on:
❖ Florida Avenue,
❖ Warren Road,
❖ Sanderson Avenue,
❖ State Street and San Jacinto Street north of Florida Avenue, ❖ Menlo Avenue between Sanderson Avenue and San Jacinto Street, ❖ Stetson Avenue between Sanderson Avenue and State Street, and ❖ Domenigoni Parkway.

Smaller delivery trucks serve the commercial and industrial areas, but are also dispersed throughout the City. Several issues have arisen from larger truck traffic. Truck traffic using smaller residential streets as bypasses are harmful to the character of residential areas. Secondly, overnight parking for semitrailer trucks has been problematic both from a community character perspective and because of the potential for unintended activities and criminal behavior. Wentworth Avenue, Tanya Avenue, and Elk Street have been used as truck parking areas. However, Elk Street is planned for future residential development and will need to restrict truck parking once new development occurs.

The truck network on California State Highways was instituted by AB 866 to implement the federal Surface Transportation Assistance Act (STAA). The STAA required states to allow larger single - and double-trailer trucks on a national network of interstate highways and on the federal-aid primary system for roa ds other than interstate highways. State highways with geometric standards that could accommodate STAA trucks were classified as Terminal Access highways. State highways that were determined to have insufficient geometric designs and were not safe for truc ks of specific lengths to travel were classified as Advisory highways.

SR 79 is designated as part of the STAA truck network; however, the geometrics of SR 79 do not support truck traffic for oversize trucks. The segment of SR 79 between SR 74 and Gilman S prings Road is classified as an Advisory highway. Consequently, STAA trucks are advised to use Sanderson Avenue in this area, which has resulted in adding regional truck traffic to the local road network. Large trucks traveling on local roads are exacerbating traffic congestion and degrading the safety and pavement structure of Sanderson Avenue and other local roads. Existing circulation conditions in Hemet are not sufficient to accommodate the current and anticipated goods movement needs through Hemet. The City has approved truck routes on Sanderson Avenue, State Street, San Jacinto Street, Florida Avenue, and portions of Stetson Avenue. Portions of Warren Road and Domenigoni Parkway are currently proposed as additional STAA truck routes.

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In addition to trucking opportunities through the City, BNSF Railway also provides on -demand freight service along the railroad corridor from Riverside, although demand has not been high. Industrial areas in the southwestern portion of the City and along t he North State Street are close to the railroad tracks, as is the Hemet-Ryan Airport. Opportunities may exist for connecting future industrial areas in the southwestern portion of the planning area to be served by the railroad tracks.

4.9 AIR TRANSPORTATIO N
The Hemet-Ryan Airport is located in the southwest portion of the city and operates as a general aviation airport serving Hemet and the surrounding area. It consists of one main runway that is currently designated as 5 -23, running approximately west-southwest to east-northeast. This runway is 100 feet wide and 4,315 feet in useable length (4,815 feet in total length) and has non-instrument approaches. A second, parallel runway has served as a sail plane runway, but is no longer in use for this purpose . No control tower is on-site. The existing 2004 master plan for the airport concluded that an ultimate runway length of 5,300 feet would satisfy needs, although the opportunities for lengthening the runway configuration are constrained by the current limits o f the airport and development on the north, east, and south. Opportunities for expansion to the west exist, but are also constrained because of biological habitat and endangered fauna. Currently, all runway protection zones are contained within the airport. Airport features are shown on Figure 4.7. The County of Riverside is currently in the process of updating the Airport Master Plan and anticipates adoption in the future The 2017 Hemet Ryan ALUCP assumes a 500 foot easterly expansion of Runway 5-23 which will facilitate take -offs in the westerly direction. The updated Draft Master Plan projects a modest increase in airport operations to 87,000 over the next 20-year period (2011-2031) and the continuation of the airport as a general aviation facility.

The Hemet-Ryan Airport serves users of smaller general aviation aircraft and the California Department of Forestry and Fire Protection’s fire fighting aircraft. The airport can also provide air freight service, although that service is limited to smaller aircra ft because of the airport’s shorter runway length and non-instrument approaches. Air freight can be expected to be limited to smaller, high value or time-critical goods and will play a relatively small role in the movement of freight and goods. The airport is owned and operated by Riverside County.

The airport’s primary development area, or the area not devoted to runways, taxiways, and hangar areas, is in the southern portion of the airport, adjacent to industrial land uses. This area is used by persons o r companies providing services and support to aviation, such as fuel suppliers, mechanics, and air freight shippers, and is connected to the City and regional road network by local streets north of the intersection of Stetson and Cawston Avenues. This Circulation E lement assumes that Stetson Avenue will be widened and relocated to provide a major road entry into the City. This would serve to improve road access to the airport. Other general aviation airports nearby include airports in the French Valley area near Temecula, Perris, Riverside, and San Bernardino. Scheduled passenger service is provided regionally by

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airports including those in Palm Springs, San Diego, Ontario, Orange County, and Los Angeles County.

Additional discussion, goals and policies rega rding the airport and the surrounding area is discussed in the Land Use Element (Chapter 2) and the Public Safety Element (Chapter 6). The Land Use Element discusses issues and opportunities relating to the airport and the compatibility of the likely flight paths with existing and potential land usage around the airport. The Public Safety Element addresses the noise and potential safety hazards associated with flight operations at the airport. Both Elements include Goals and Polices related to the Airport, and Chapter 12 includes Implementation Programs concerning the airport and environs.

4. 10 IMPLEMENTATION STRA TEGIES
Implementation of the Circulation Element and its programs involves several city departments including Engineering, Public Works and Planning. Specific implementation programs are provided in Chapter 12 . To ensure that the concepts and technical information provided in the Circulation Element is adhered to over the buildout period, the following strategies are recommended:
❖ Evaluate Interim Circulation Conditions While new development typically pays for circulation improvements, a lag time frequently exists between development activity and construction of supporting roads.

This is especially true for off-site circulation improvements in the City of Hemet where a landowner or developer does not control the right -of- way necessary for improvements. This issue is compounded by the circulation network’s reliance, to a large degree, on several large projects such as the SR 79 realignment project and Metrolink to provide regional capacity. The City of Hemet will need to continually monitor ongoing transportation activities and minimize potential impacts associated with interim development conditions.
❖ Prioritize Ongoing Coordination with Trans portation Agencies Hemet will need to continue an active presence on regional agency boards such as RCTC, WRCOG, and the Riverside Transit Agency (RTA) to ensure that the City’s needs and transportation priorities are addressed, particularly in regard to t he construction of Hwy 79 , the extension of the Metrolink line , and the establishment of a regional transit center.
❖ Require Studies that Address Project Level Conditions Many traffic studies look at the future when the entire circulation system is developed.

Hemet will also need to assess traffic impacts based on existing and opening-day conditions of individual projects to ensure that adequate capacity exists to serve any new development project.
❖ Capture the Synergy of Regional Transportation Facilities Capitalize upon the provision of a future regional highways (SR-79 and

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Figure 4.7 Hemet-Ryan Airport

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Back of Figure 4.12

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MCP), a commuter rail line, and airport to attract regional serving commercial, office, and industrial uses
❖ Periodically Update the Circulation System and Capital Improvement Program s part of an ongoing monitoring program, Hemet will need to periodically assess the circulation plan presented in this element and the CIP to determine whether changes are needed during the planning period of 2010–2030. In this manner, the City can take a proactive approach to regional circulation needs and changes and take appropriate steps before any system constraints develop. ❖ Continue to Expand Multi -Modal Transportation Opportunities Provide safe and convenient alternative transportation options including bikeways, pedestrian corridors, NEV compatible streets, and transit to enhance complete streets and the quality of life within the community. ❖ Actively Pursue Available Funding Sources A variety of Fed eral, State and Local funding sources and grants are available for transportation, bikeway and pedestrian improvements. A matrix of currently available funding sources is provided in Appendix D.

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GOALS AND POLICIES
GOAL
C-1
Build and m aintain a transportation system that is
designed to meet the current and future needs of
Hemet’s residents and businesses while providing a
balance between mobility, cost, and the quality of the
City’s living environment.

POLICIES
C-1.1 Complete Streets Support the implementation of complete streets through a multi -modal transportation network that balances the needs of pedestrians, bicyclists, transit riders, mobility-challenged persons, older people, children, and vehicles while providi ng sufficient mobility and abundant access options for existing and future users of the street system.

C-1.2 Comprehensive Design Street improvement projects shall be designed in a comprehensive fashion to include
consideration of street trees, pedestrian walkways, bicycle lanes, equestrian pathways, signing, lighting, noise, and air quality wherever any of these factors are applicable.

C-1.3 Traffic Flow Maintain Level of Service (LOS) C or better for roadway segment operations, and LOS D or better for peak-hour intersection movements . Portions of Florida Avenue and Sanderson Avenue may operate at or below
LOS D on a case-by-case basis.

C-1.4 Traffic Management Continue to improve signal
coordination and advanced traffic management systems at major intersections and along roadway corridors in order to optimize traffic flow through the City and reduce traffic queuing. Mechanisms include adding turn-out lanes at key intersections with transition back to the original number of lanes at mid-block as feasible to reduce bottlenecks.

C-1.5 Traffic Control System Provide a coordinated traffic control system that moves traffic within and through the City in an efficient and orderly manner. Upgrade systems as technology evolves.

C-1.6 Roadway Capacity Identify roadways that cannot be widened to their full master-planned width because existing development or other physical constraints prohibit
acquisition of full right -of-way and consider parking
restrictions, access management, roadway restriping, and intersection improvements as potential methods of
increasing roadway capacity, or incorporating acceptable TDM measures.

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C-1.7 Connectivity Promote the efficient use of the street system by providing convenient connections between and within
neighborhoods and adjacent land uses.

C-1.8 Reciprocal Access Require reciprocal accessways and consolidate commercial driveway entries along Florida
Avenue, Sanderson Avenue, State Street, San Jacinto Street, and other commercial streets as practical.

C-1.9 Driveway Standards As part of City roadway standards, maintain and enforce minimum driveway separation
standards for the various types of roadways included in the City of Hemet General Plan Roadway Circulation Master
Plan. Wherever possible, consolidate driveways on arterial streets and implement access controls during
redevelopment of adjacent parcels.

C-1.10 Center Median Design Implement the design and
construction of center landscaped medians with appropriate breaks for full turning movements along Florida Aven ue, Stetson Avenue, Sanderson Avenue, Domenigoni Parkway,
Warren Road, and other arterial corridors consistent with the General Plan’s Circulation Map.

C-1.11 Parkway Design Emphasize the landscaping of parkways, roadways, entries, and gateways consistent with the
Community Design Element including replacing any tree
removed from the public right -of-way with a California - friendly or shade tree of similar size and shape to a suitable location.

C-1.12 Maintain Grid System Maintain and encourage the
existing grid system of streets to facilitate neighborhood accessibility, emergency response, and transportation
capacity.

C-1.13 Residential Subdivision Street Design Design streets inside residential subdivisions for lower speeds by:
a. promoting the use of short curvilinear street
segments while maintaining the overall grid pattern;
b. using visually shorter streets;
c. limiting collector streets to streets that have
driveways on rear alleys with enhanced front
parkway landscaping, and traffic-slowing designs;
d. promoting unloaded collectors with no residential
driveway access; and

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e. ensuring a minimum of two points of access to all
subdivisions.

C-1.14 Rural Street Character Avoid changing the visual character of existing rural residential neighborhood streets by constructing the minimum level of street improvements needed for public safety. Consider using drainage swales instead of curbs and gutters and prohibiting on -street parking.

C-1.15 New Development Approval of new development
projects shall:
a. require that all roadways within a new development
be constructed to the ultimate right-of-way and that
master-planned roadways next to the project site
be, at a minimum, construc ted to their master
planned half -width plus 10 feet, or greater if
necessary to maintain adequate traffic flow;
b. require new developments to meet roadway and
intersection performance standards and/or
contribute their fair share toward improvements
pursuant to a traffic impact analysis;
c. require new developments within designated
commercial corridors to acquire or grant reciprocal
access and parking agreements to facilitate
movement with adjacent commercial uses without
affecting the adjacent roadway;
d. require dedication and improvement of adequate
right-of-way along new roadways to minimize
impacts of proposed development projects on the
City’s circulation system;.
e. limit lot development to reverse frontage and/or
side-one lots on all arterials.

C-1.16 Mixed Us e District Street Design To facilit ate transit - and–pedestrian-oriented street design in the Mixed Use
District, consider the implementation of off -street shared parking with parking signage improvements, consolidation of driveways, installation of raised landscaped medians, bus turnouts, traffic signal enhancements, special pavement treatments at pedestrian crossings and intersections, curb extensions, enhanced crosswalks, wider sidewalks, and other appropriate measures which enhance traffic flow, transit efficiency, and pedestrian movements.

C-1.17 Traffic Analyses Evaluate development proposals for potential impacts on the transportation and infrastructure

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system based on traffic analyses that follow the protocols established by the City. The traffic analysis should evaluate the need for both ultimate and interim improvements , and the need for TDM or multi -modal improvements resulting from the development proposal.

C-1.18 Future Roadways Future roadways and intersections must meet roadway classification d esign specifications and
performance criteria.

C-1.19 Street Standard Compliance Require compliance with established street standards for public, private, and rural streets, including traffic calming facilities, where
appropriate.

GOAL
C-2
Coordinate and cooperate in the implementation of
regional and inter-jurisdictional transportation plans
and regional transportation systems.

POLICIES
C-2.1 State Route 79 Advocate efforts by the Riverside County Transportation Commission and California Department of
Transportation to plan and build the realignment of State Route (SR) 79, as shown on the Circulation Map.

C-2.2 Regional Coordination Coordinate with appropria te jurisdictions and agencies to encourage the timely
improvement of roadway and transit facilities that address area-wide and regional travel needs including the State Transportation Improvement Program (STIP), the
Riverside County Integrated Project (RCI P), and the
Community and Environmental Transportation
Acceptability Process (CETAP).

C-2.3 Mid-County Parkway Support development of the Mid - County Parkway that will run from Highway 79 in San
Jacinto to I -215 in Perris and will interface with Cajalco Road that connects to I-15 in Corona.

C-2.4 Roadway Design Consistency Coordinate
implementation of new roadway connections with adjacent cities and Riverside County to ensure consistency in design and operations of the new facilities and connections.

C-2.5 Regional Impacts Coordinate with Riverside County and adjacent jurisdictions regarding the planning, coordination, and impacts of circulation improvements in adjacent
jurisdictions, the Sphere of Influence area and the Planning Area.

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C-2.6 Metrolink Extension Promote the extension of Metrolink service on the Burlington Northern Santa Fe Railway line from Riverside to stations located near the realigned SR 79 and downtown Hemet.

C-2.7 Regional Transit Services Coordinate with Western Riverside Council of Governments, Riverside County, and Riverside County Transportation Commission to identify, protect, and pursue opportunities for public transit along major transportation corridors and future rail service that connect the City with other population and employment
centers.

GOAL
C-3
Protect neighborhoods and reduce transportation -
related risk by establishing a street circulation system that promotes safety.

POLICIES
C-3.1 Speed Limits Establish speed limits throughout the City that relate to the design and operating characteristics of each roadway to promote the safety of residents and travelers.

C-3.2 Street Maintenance Provide for a street maintenance operation in the City’s Capital Improvement Program to
ensure the upkeep and safety of the City’s roadways.

C-3.3 Sight Distance Ensure that new roadways and
intersections provide adequate sight distances for safe vehicular movement.

C-3.4 Emergency and Service Vehicle Right-of-Way Establish and implement street standards that maintain an acceptable right-of-way to accommodate emergency, utility,
maintenance, and service vehicles.

C-3.5 Safe Routes to School Work with the Hemet Unified School District (HUSD) and local private schools to ensure the provision of safe bicycle and pedestrian paths leading to and from school facilities and surrounding neighborhoods.

C-3.6 Safe Alternatives to School Work with HUSD, local private schools, parent teacher associations, homeowner associations, and other interested parti es to establish safe drop-off and pick-up zones, create “walking school buses” and “bike trains”, encourage carpooling, and facilitate expanded use of crossing guards.

C-3.7 HUSD EIRs Review and comment on HUSD
environmental impact reports (EIRs) to ensure that
proposed school circulation systems address traffic and pedestrian safety within and adjacent to the site.

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C-3.8 Creative Traffic Management Apply creative traffic management approaches to address congestion in areas with unique problems, particularly on roadways and intersections in the vicinity of schools in the morning and afternoon peak hours, and near churches, parks, and community centers.

C-3.9 Priority Sidewalk Construction Give priority to street, sidewalk, and curb construction in areas near schools to facilitate safe pedestrian travel to schools.

C-3.10 Eliminate Hazards to Cyclists and Pedestrians Identify and seek to eliminate hazards to safe and efficient bicycle or pedestrian movement citywide.

GOAL
C-4
Promote and support modes of transportation that
offer an alternative to single-occupancy automobile
use and help reduce air pollution and road
congestion.

POLICIES
C-4.1 Sustainable Urban Design Promote urban design
measures that encourage alternatives to single -occupancy vehicle transportation and direct new growth a long
transportation corridors as a means of reducing roadway congestion, air pollution, and non -point sourc e water pollution.

C-4.2 Transportation Alternatives Support a variety of transit vehicle types and technologies and encourage alternatives to single-occupancy automobile use such as rail, public transit, paratransit, walking, cycling, and ridesharing.

C-4.3 Non-Motorized Transportation Plan Identify
opportunities to implement the Western Riverside County Non-Motorized Transportation Plan within key activity
centers of the City through the development non-motorized transportation corridors and facilities.

C-4.4 Neighborhood Electric Vehicles Promote the use of neighborhood electric vehicles (NEVs) by using low-speed streets within projects and by ensuring connectivity with adjacent supporting uses such as neighborhood commercial uses.

C-4.5 Development Alternatives Require new development to include opportunities for alternative transportation, such as bicycle paths, pedestrian connections, bicycle storage, and other facilities such as NEV paths, and charging stations.

C-4.6 Vehicle Mile Red uction Encourage and promote the reduction of vehicle miles traveled for all vehicles and for

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carbon-based fueled vehicles, and reduce the use of gasoline and diesel fuel for on -road vehicles in accordance with Senate Bill 375 regional and/or subregional t argets
established by the California Air Resources Board. Create and implement programs that will aid in improving air
quality by reducing motor vehicle trips, such as those
programs recommended by the Regional Transportation
Plan, Riverside County Integrated Project, and the Southern California Air Quality Management Board.

Require development projects to complete VMT
assessments consistent with SB 743 and City Traffic
Guidelines, and incorporate TDM measures as needed.

C-4.7 Employer Incentives Encourage all employers, especially employers of 100 or more persons to support alternative forms of transportation by providing appropriate facilities, including parking for vanpools, bicycle parking, and
passenger loading areas
C-4.8 Paratransit Service Work with the Riverside County Transportation Commission , senior agencies, retirement communities, and local organizations to provide affordable and reliable paratransit and demand -responsive transit services that satisfy the transit needs of the elderly and disabled.

C-4.9 Alternative Fuel Use Promote public transportation systems that use alternative fuels or promote energy
conservation.

C-4.10 Public Transit Identification Develop icons for easy identification of public transit facilities, and require that projects incorporate them when practical.

C-4.11 Transportation Services Project Amenity Encourage new senior citizen and multiple -family housing projects of greater than 100 units to provide transportation services as a project amenity.

C-4.12 Public Facilities and Transportation Services
Coordinate the development of new public facilities with mass transit service and other alternative transpor tation services and facilities including the consideration of light rail/monorail within the City.

C-4.13 Park-and-Ride Facilities Require the provision of park - and-ride facilities at transit centers and stations and potential carpool origination points.

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C-4.14 Transit Providers Work with public and private transit providers to improve transit service and encourage ridership through the following actions:
a. Require transit facilities and other alternative
modes of transportation such as park-and-ride lots
and bus turnouts in major new development and
redevelopment projects.
b. Provide fixed route transit services along
transportation corridors that c onnect major uses
such as the Hemet Valley Mall, Hemet Valley
Medical Center , the Florida Avenue commercial
corridor, and other commercial nodes to residential
areas.
c. Improve and enhance pedestrian connections
between residential, commercial, and industrial
uses and transit services.
d. Assess senior mobility needs in coordination with
existing paratransit providers and commercial
operations and institutions (such as hospitals and
senior care centers) that interact with Hemet’s
senior population.
e. Encourage the Riverside County Transportation
Commission and Metrolink/ Southern California
Regional Rail Authority to fund the establishment
of two commuter rail stations along the existing
RCTC rail line right of way.
f. Increase public education about public transit
options.

C-4.15 Transit-oriented Development Design Features
Require new development to incorporate transit -oriented design features and attractive, accessible, and appropriate transit, bicycle, and pedestrian ame nities to promote and support public transit and alternate modes of
transportation, including but not limited to:
a. Designing transit stops to reduce disruption to
vehicular traffic;
b. Locating transit stops to minimize the impact of
buses and ridership on nearby neighborhoods;
c. Ensuring that all transit stops are ADA accessible;
d. Requiring transit stop amenities such as benches,
shade, lighting, and shelters , where appropriate;

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e. Requiring all new transit stops be equipped with
bicycle racks and/or bicycle lockers;
f. Encouraging senior citizen and affordable family
housing projects to provide transportation services;
and requiring new public facilities to incorporate
transit facilities.

GOAL
C-5
Develop, expand, and maintain a network of bicycle
and pedestrian accessways that provide safe and
comfortable travel between residential
neighborhoods, parks, schools, and commercial and
office centers.

POLICIES
C-5.1 Bikeway and Pedestrian Network Maintain an extensive trails network that supports bicycles and pedestrians and links residential neighborhoods, schools, commercial
centers and employment centers by implementing the City’s Bikeway Circulation Plan and including provision and
dedication of bikeways and pedestrian walkways in
conjunction with development permits.

C-5.2 Expand Bikeway Network Seek opportunities to acquire land and build new bikeways, including using floodways, easements, and abandoned rights-of-way and modifying and widening existing roadways and shoulders to accommodate bikeways, in accordance with the Bikeway Circulation Plan.

C-5.3 Bike-Friendly Development Require the provision of designated bikeways, bicycle racks, lockers, and other
bicycle amenities at public parks and buildings, commercial or industrial buildings, shopping centers, and other activity centers as part of discretionary plans for development
projects.

C-5.4 Roadway Sharing Evaluate the needs of bicycle traffic in the planning, design, construction, and operation of all new roadway projects including the provision of sufficient paved surface width to enable bicycle traffic to share the road with motor vehicles.

C-5.5 Regional Bikeway Interconnectivity Require that
existing and proposed bikeways within the City connect
with those in neighboring jurisdictions and the Riv erside County Trails and Bikeway System Master Plan, whenever
practicable.

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C-5.6 Pedestrian Linkages Connect commercial activity centers to adjacent residential areas with well -designed pedestrian linkages that include amenities such as benches, trees, landscaping, and shade structures to encourage people to walk to destinations.

C-5.7 ADA Compliance Encourage safe pedestrian walkways and compliance with Americans with Disability Act (ADA) requirements within all developments.

C-5.8 Health Benefits Promote the health benefits of using a bicycle or walking as a means of transportation.

C-5.9 Project Funding Pursue funding or grant opportunities to plan, construct, and maintain pedestrian, bicycle, and multi- use trails.

GOAL
C-6
Facilitate the movement of freight and goods as a
means of economic expansion while protecting
residents and travelers from the negative effects of
truck operations and rail service.

POLICIES
C-6.1 Railway-Pedestrian Safety Limit pedestrian access onto the railway line from street crossings and require that discretionary development projects consider and include vandal-resistant fencing or barriers to limit pedestrian access to the extent feasible.

C-6.2 Railway Impacts Work with the railroads and State and Federal agen cies to minimize the adverse safety and
congestion impacts of at -grade rail crossings of major streets.

C-6.3 Safety Checks Re-evaluate railroad street crossing features if freight demand substantially increases within the
developed portions of the City or when Metrolink service is provided.

C-6.4 Truck Routes Maintain a system of truck routes that provides adequate access to industrial and commercial areas and areas of appropriate truck parking without intruding on residential neighborhoods.

C-6.5 Truck Access Require that new commercial and industrial development projects provide adequate truck access,
parking, and loading.

GOAL
C-7
Promote improved air transportation at Hemet-Ryan
Airport in a manner that benefits the City.

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POLICIES
C-7.1 General Aviation Continue to cooperate with Riverside County to ensure that the Hemet-Ryan Airport continues to serve general aviation and fire safety needs.

C-7.2 Environmental Impacts Ensure that environmental
impacts such as noise, air quality, pollutio n, traffic congestion, and public safety hazards associated with
continued operation of Hemet -Ryan Airport are mitigated to the extent practical.

C-7.3 Airport Operations Support airport operation efforts to attract new industries and associated developme nt that provide job opportunities and stimulate the local economy.

GOAL
C-8
Identify, pursue, and establish financing mechanisms
and programs that provide adequate funding for the
City’s transportation system.

POLICIES
C-8.1 State and Federal Financing Actively pursue available State and Federal roadway improvement funds as a means
of financing roadway improvement needs.

C-8.2 Regional and Local Revenue Sources Identify and
evaluate potential regional and local revenue sources for financing transportation and transit system development and improvement projects.

C-8.3 Joint Financing Pursue coordination of joint funding and development programs with adjacent cities and the County of Riverside for transportation and transit related
improvements.

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www.rca|
CHAIRSteveManosLakeElsinoreVICECHAIRRussellBetteDesertHotSpringsCOMMISSIONERSV363III JohnLyonRiversideStevenStewartPalmSpringsRichardStewartMorenoValleyMichaelGellerRiverside STAFFDirectorPaulRullSimonA.HousmanJackieVegaBarbaraSantosCountyAdminislraliveCenter4060LemonSI.,14lhFloor.Riverside,CA92501(951)955-5132

RVERSIDECOUNTYAIRPORTLANDUSECOSSION
r19,2022MoniqueAlaniz-Flejter,ProjectPlannerCityofHemetPlanningDepartment445E.FloridaAvenueHemetCA92543 RE:AIRPORTLANDUSECOMMISSION(ALUC)DEVELOPMENTREVIEWDIRECTOR'SDETERMINATIONFileNo.:ZAP1070HR22RelatedFileNo.:GPA21-003(GeneralPlanAmendment)APN:Citywide DearMs.Alaniz-Flejter:AsauthorizedbytheRiversideCountyAirportLandUseCommission(ALUC)pursuanttoitsResolutionNo.2011-02,asALUCDirector,IhavereviewedCityofHemetCaseNo.GPA21-O03(GeneralPlanAmendment),aCityinitiatedproposaltoamenditsGeneralPlanCirculationElementadoptingnewVehicleMilesTraveledthresholdstobecompliantwithSenateBill743andaproposalremovingasegmentofWhittierAvenuefromtheCirculationElementMasterPlan.Therearenodevelopmentstandardchangesorchangestozoningandlandusethatwouldincreaseresidentialdensityornon-residentialintensitywithintheproposedamendments.Therefore,theseamendmentshavenopossibilityforhavinganimpactonthesafetyofairnavigationwithintheportionsoftheHemet-RyanAirportIn?uenceArealocatedwithintheCityofHemet.AsALUCDirector,Ihereby?ndtheabove-referencedprojectCONSISTENTwiththe2017Hemet-RyanAirportLandUseCompatibilityPlan.Ifyouhaveanyquestions,pleasecontactmeat(951)955-6893.Sincerely,RIVERSIDECOUNTYAIRPORTLANDUSECOMMISSION PaulRull,ALUCDirectorcc:ALUCCaseFile
X:\A|RPORTCASEF|LES\Hemet-Ryan\ZAP1070HR22\ZAP1070HR22.LTR.doc

20.B

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 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:

Approval of the City Council Meeting Minutes of the Regular City Council Meeting Minutes of May 10, 2022, Regular City Council Meeting Minutes of July 12, 2022, Regular City Council Meeting Minutes of August 9, 2022, Regular City Council Meeting Minutes of September 13, 2022, Regular City Council Meeting Minutes of September 27, 2022, Regular City Council Meeting Minutes of October 11, 2022, Regular City Council Meeting Minutes of October 25, 2022, and the Regular City Council Meeting Minutes of November 8, 2022

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve the City Council Meeting Minutes of the Regular City Council Meeting Minutes of May 10, 2022, Regular City Council Meeting Minutes of July 12, 2022, Regular City Council Meeting Minutes of August 9, 2022, Regular City Council Meeting Minutes of September 13, 2022, Regular City Council Meeting Minutes of September 27, 2022, Regular City Council Meeting Minutes of October 11, 2022, Regular City Council Meeting Minutes of October 25, 2022, and the Regular City Council Meeting Minutes of November 8, 2022.

STRATEGIC PLAN INTEGRATION:

N/A

ATTACHMENT(S):

City Council Meeting - May 10 2022 - Minutes
City Council Meeting - Jul 12 2022 - Minutes
City Council Meeting - Aug 09 2022 - Minutes
City Council Meeting - Sep 13 2022 - Minutes
City Council Meeting - Sep 27 2022 - Minutes
City Council Meeting - Oct 11 2022 - Minutes
City Council Meeting - Oct 25 2022 - Minutes
City Council Meeting - Nov 08 2022 - Minutes

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MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, May 10, 2022

CLOSED SESSION – 4:00 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 4:03 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Lilienthal

Absent: Mayor Pro Tem Meyer*
Staff Present: Acting City Manager Brock
Interim City Attorney Graham
City Clerk Maier
*Mayor Pro Tem Meyer arrived at 4:06 p.m.

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.

Council recessed into Closed Session at 4:05 p.m.

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: City Manager
Employee Organization: HMMA, HFFA, HNSPEA, and SEIU

4.B PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957

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City Council Meeting
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Title of Position: City Manager

4.C CONFERENCE WITH LEGAL COUNSEL - LIABILITY CLAIMS
Pursuant to Government Code Section 54956.95
Claimant: Tiffany Eatherton (Murphy)
Agency Claimed Against: City of Hemet

5. ADJOURNMENT OF CLOSED SESSION
Mayor Lilienthal called the meeting to order at 5:38 p.m. All Members were present.

6. WORK STUDY ITEMS - 5:00 P.M.

6.A A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
Action: Mayor Lilienthal directed staff to continue the discussion of this item at a future City Council Meeting.

6.B Emergency Sleeping Cabins (Palette Shelter Housing) Action: MOTION BY COUNCIL MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to direct staff to work with Valley Restart to allow Palette Shelter Homes at the Valley Restart facility on a temporary trial basis.

6.C Discussion of Public Safety Needs and Spending Plan for Fiscal Year 2022- 2023
Action: By consensus, the City Council received an informational presentation on the Public Safety Needs and Spending Plan for Fiscal Year 2022-2023.

Mayor Lilienthal recessed the meeting at 7:04 p.m.

REGULAR MEETING - 7:00 P.M.

7. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Regular Session at 7:14 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

8. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer

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City Council Meeting
May 10, 2022
Mayor Lilienthal

Absent:

Staff Present: Acting City Manager Brock
Interim City Attorney Graham
City Clerk Maier

9. INVOCATION
The invocation was given by Council Member Brown.

10. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Norm Kyriss.

11. CITY ATTORNEY CLOSED SESSION REPORT

11.A City Attorney’s Report regarding Closed Session
Action: Interim City Attorney Graham stated the City Council authorized settlement direction for the claim in the full amount by a vote of 4-0, Mayor Pro Tem recused from the Item for the possible perception of a conflict as she explained that she has a personal relationship with the claimant. Interim City Attorney noted there were no other reportable actions from the 6:00 p.m.

Closed Session.

12. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, and the following citizens spoke: Mike Wolford, Monserrat Solis (Press-Enterprise, participated via Zoom), James (Last Name Not Provided), Pat Gregory, Norm Kyriss, and Terry Larned.

13. PRESENTATIONS

13.A National Police Officers Week and Peace Officers Memorial Day Proclamation Council Member Brown presented the Proclamation.

13.B Asian American & Pacific Islander Month Month Proclamation Mayor Lilienthal presented the Proclamation.

13.C National Nurses Week Proclamation
Mayor Lilienthal presented the Proclamation.

13.D Public Works Week Proclamation
Council Member Brown presented the Proclamation.

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City Council Meeting
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13.E Global Love Day Proclamation
Mayor Lilienthal presented the Proclamation.

14. RECEIVE AND FILE

14.A The City of Hemet Warrant Registers Dated March 24, 2022, in the amount of $966,443.90, March 28, 2022, in the amount of $103,636.32 and April 7, 2022, in the amount of $2,035,301.05; the Payroll Periods of March 7, 2022 - March 20, 2022, in the amount of $729,271.45 and March 21, 2022 - April 3, 2022, in the amount of $1,104,514.54.

By consensus, the City Council received and filed the City of Hemet Warrant Registers.

15. CONSENT CALENDAR

MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 15.F, 15.I, 15.H, and 15.J, for separate consideration and removing Item 15.H from the agenda for consideration.

15.A Approve City Council Member Brown as the Primary Delegate and Human Resources Manager Norma Rangel as the Alternate Voting Delegate for the California Joint Powers Insurance Authority (CJPIA) Annual Board of Directors Meeting Held on July 20, 2022
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve City Council Member Brown as the Primary Delegate and Human Resources Manager Norma Rangel as the Alternate Voting Delegate for the California Joint Powers Insurance Authority (CJPIA) Annual Board of Directors Meeting Held on July 20, 2022.

15.B A Resolution of the City Council of the City of Hemet, California, to Approve an Agreement with VPLS for Firewall System Replacement in the Amount of $154,413.08, Authorize the Finance Director to Record a Supplemental Appropriation in the Amount of $162,133.73; and Authorize the City Manager to Execute the Agreement, Purchase Orders, and all Other Supporting Documents Related to the Agreement
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-59 of the City Council of the City of Hemet, California, to approve an Agreement with VPLS for firewall system replacement in the amount of $154,413.08, authorize the Finance Director to record a Supplemental Appropriation in the amount of $162,133.73; and authorize the City Manager to execute the Agreement, purchase orders, and all other supporting documents related to the Agreement.

15.C A Resolution of the City Council of the City of Hemet, California, Awarding a Five-year Agreement for Uniform, Floor Mat and Towel Rental Services with

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City Council Meeting
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Unifirst and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-60 of the City Council of the City of Hemet, California, awarding a five-year Agreement for uniform, floor mat and towel rental services and authorizing the City Manager to execute the agreement and purchase orders in support of the agreement.

15.D A Resolution of the City Council of the City of Hemet, California, Approving the City of Hemet’s Five-Year Measure ‘A’ Local Streets and Roads Capital Improvement Plan (CIP) for Fiscal Year 2022-2023 through Fiscal Year 2026- 2027 for the Riverside County Transportation Commission (RCTC) Measure ‘A’ Local Funds Program
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-61 of the City Council of the City of Hemet, California, approving the City of Hemet’s Five-Year Measure ‘A’ Local Streets and Roads Capital Improvement Plan (CIP) for Fiscal Year 2022-2023 through Fiscal Year 2026-2027 for the Riverside County Transportation Commission (RCTC) Measure ‘A’ Local Funds Program.

15.E A Resolution of the City Council of the City of Hemet, California, Awarding United Engineering & Construction, Inc. the Hemet Fire Station No. 4 Fire Training Facility, CIP 5734, in the Amount of $621,150 and Waive Any Minor Bid Irregularities; Authorize the Finance Director to Appropriate an Additional $351,150 of Unencumbered Measure "U" Funds to the Project Account to Fund the Total Project Costs; Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures not to Exceed $62,000, Which is Approximately 10% of the Contract Amount; and Authorize the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-62 of the City Council of the City of Hemet, California, Awarding United Engineering & Construction, Inc. the Hemet Fire Station No. 4 Fire Training Facility, CIP 5734, in the amount of $621,150 and waive any minor bid Irregularities; Authorize the Finance Director to appropriate an additional $351,150 of unencumbered Measure "U" funds to the project account to fund the total project costs; Authorize the City Manager to execute all contract documents and Approve additional construction expenditures not to exceed $62,000, which is approximately 10% of the contract amount; and Authorize the City Clerk to record the Notice of Completion upon acceptance of the work by the City Engineer.

15.F A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the New Position, Student Intern I/II

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Mayor Pro Tem Meyer left the dais at 7:46 p.m.

Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt Resolution 2022-63 of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the new position, Student Intern I/II.

15.G A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Assignment and Assumption Agreement with Contech Engineered Solutions, LLC and Leonida Builders, Inc. and Take Other Related Actions
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-64 of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Assignment and Assumption Agreement with Contech Engineered Solutions, LLC and Leonida Builders, Inc. and Take Other Related Actions.

15.H A Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment for Services between the City of Hemet and CSG Consultants, Inc. for a Contract Amount not to Exceed a Total of $390,968.75 for the Entire Contract Term and the Replacement of Exhibit "B" Compensation Action: At the request of staff, this Item was removed from the Agenda.

15.I A Resolution of the City Council of the City of Hemet, California, Approving the ARPA Public Works Apprentice Program, Amend the Budgeted Position List to include 15 Temporary Part-time Maintenance Aides for the Duration of the Program, and Authorize the Finance Department to Establish Appropriations in 270-7012-1100 in the Amount of $223,170.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funding for the Public Works Apprentice Program
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt Resolution 2022-66 of the City Council of the City of Hemet, California, Approving the ARPA Public Works Apprentice Program, Amend the Budgeted Position List to include 15 Temporary Part-time Maintenance Aides for the Duration of the Program, and Authorize the Finance Department to Establish Appropriations in 270-7012-1100 in the Amount of $223,170.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funding for the Public Works Apprentice Program.

15.J A Resolution of the City Council of the City of Hemet, California, Approving the ARPA Student Worker Program, Amend the Budgeted Position List to include 10 Temporary Part-Time Student Intern positions for the Duration of the Program, and Authorize the Finance Department to Establish Appropriations in

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270-7013-1100 in the Amount of $148,750.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funding for the Student Worker Program Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt Resolution 2022-67 of the City Council of the City of Hemet, California, to approve the ARPA Student Worker Program, Amend the Budgeted Position List to include 10 Temporary Part-Time Student Intern positions for the duration of the Program, and Authorize the Finance Department to Establish Appropriations in 270-7013-1100 in the Amount of $148,750.00 from the American Rescue Plan Act State and Local Fiscal Recovery Funding for the Student Worker Program.

16. DISCUSSION - ACTION ITEMS

16.A Design Concept for Hemet Outdoor Fitness Court
Mayor Pro Tem Meyer returned to the dais at 8:01 p.m.

Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND COUNCIL MEMBER BROWN, CARRIED 5-0, to direct staff to survey the community with photographs 12,28, and 30 for consideration of the public’s selection through a survey.

Veronica Allen noted that the winning entry will be displayed on the City of Hemet's future outdoor fitness court.

16.B Consideration of Authorizing a Letter of Support for a Grant Funding Application for Coachella Valley-San Gorgonio Pass Rail Corridor Service Project
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-1 (MAYOR PRO TEM MEYER VOTING NO), to direct staff to send a letter of support for the Coachella Valley-San Gorgonio Pass Rail Corridor Service Project Multimodal Project Discretionary Grant Funding Application.

16.C Consideration of Authorizing a Letter of Support for Additional Funding Allocation from the State of California for the I-15 Express Lane Extension Project
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-1 (MAYOR PRO TEM MEYER VOTING NO), to direct staff to send a letter of support for additional funding allocation from the State of California for the I-15 Express Lane Extension Project.

17. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, Mayor Prom Tem Meyer, and Mayor Lilienthal gave reports.

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18. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items.

MOTION BY MAYOR LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5- 0, to consider adding a new item for a Resolution, approving the position of Library Director to the City’s Salary/Classifications.

19. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 8:28 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on May 24, 2022.

APPROVAL: ATTEST:

_______________________________
Mayor Lilienthal

_____________________________
John Paul Maier, MMC
City Clerk

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MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, July 12, 2022
CLOSED SESSION - 5:00 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 5:05 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Acting City Manager Sell
Interim City Attorney Graham
City Clerk Maier

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.

Council recessed into Closed Session at 5:06 p.m.

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Eddie Pust, Acting City Manager Unrepresented Employees: Battalion Chiefs (Fire Department)

4.B CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8

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City Council Meeting
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Property APN: 456-050-044
Agency negotiator: Eddie Pust, Acting City Manager
Under negotiation: Price and Terms of Payment

4.C CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Name of case: People of the State of California, et al. v. Gregory Adams, et al., Riverside Superior Court Case No. MCC 1701040

4.D PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: Interim City Manager

5. ADJOURNMENT OF CLOSED SESSION

6. WORK STUDY ITEM – 6:00 P.M.

6.A A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
Action: By consensus, Work Study Item 6.A was not heard and was deferred to a future Regular City Council Meeting to a date uncertain.

REGULAR MEETING - 7:00 P.M.

7. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

8. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Attorney Graham
City Clerk Maier

9. INVOCATION
Invocation was given by Norman Kyriss.

10. PLEDGE OF ALLEGIANCE

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City Council Meeting
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The Pledge of Allegiance was led by Andrew Allen.

11. CITY ATTORNEY CLOSED SESSION REPORT
Interim City Attorney Graham stated there was reportable action for Item 4.C, by a vote of 5-0, the City Council provided settlement direction.

Interim City Attorney Graham stated there was reportable action for Item 4.D, by a vote of 5-0, to appoint Eddie Pust and Interim City Manager.

12. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, the following citizen spoke: Rosie Ropor, Steven Fast, William Potts, Andrew Allen, and Jerrianne Franklin.

13. PRESENTATIONS

13.A Parks and Recreation Month Proclamation
The City Council presented the Parks and Recreation Month Proclamation to Greg Schultz, CEO of Valley Wide Parks and Recreation.

13.B Certificate of Appreciation - Four Seasons Golf Course The City Council presented a certificate of appreciation to the Four Seasons Golf Course for their donation to the Hemet Police Department K-9 Program.

14. RECEIVE AND FILE

14.A The City of Hemet Warrant Registers Dated June 2, 2022, in the amount of $1,552,702.02 and June 16, 2022, in the amount of $916,507.49. The Payroll Periods of May 16, 2022 – May 29, 2022, in the amount of $697,081.06 and May 30, 2022 – June 12, 2022, in the amount of $1,131,456.11
Action: By consensus, the City Council received and filed the City of Hemet Warrant Registers.

14.B Status Update on the Building and Safety Division Request For Proposal (RFP) for Plan Review, Field Inspection, and Permit Technician Services Action: By consensus, the City Council received and filed the update report on the Request for Proposals for the Plan Review, Field Inspection, and Permit Technician Services for the Building and Safety Division.

15. PUBLIC HEARINGS

15.A A Resolution of the City Council of the City of Hemet, California, Approving the Fiscal Year 2022-2023 through Fiscal Year 2026-2027 Capital Improvement Program for the City of Hemet and Direct the

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City Council Meeting
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Finance Director to Establish Total Project Appropriations per the CIP for New Requests Only
Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing.

Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to open the Public Hearing and take testimony, if any; and continue the Public Hearing to the next available Regular City Council Meeting.

15.B Resolutions of the City Council of the City of Hemet, California, Approving the Engineer’s Reports and Levy and Collection of Assessments for the Existing Hemet Streetlight and Landscape Maintenance Districts for the Fiscal Year 2022-2023
Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing.

Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to open the public hearing and take testimony, if any, regarding the Engineer’s Reports and levy and collection of assessments for the existing Hemet Streetlight and Landscape Maintenance Districts, and; Adopt Resolution 2022-114 of the City Council of the City of Hemet, California, Amending and/or Approving the Engineer's Report for the Existing Streetlight Maintenance Districts for Fiscal Year 2022-2023, and; Adopt Resolution 2022-115 of the City Council of the City of Hemet, California, Amending and/or Approving the Engineer's Report for the Existing Landscape Maintenance Districts for Fiscal Year 2022-2023, and; Adopt Resolution 2022-116 of the City Council of the City of Hemet, California, Ordering the Levy and Collection of Assessments for the Existing Streetlight Maintenance Districts for Fiscal Year 2022-2023, and; Adopt Resolution 2022-117 of the City Council of the City of Hemet, California, Ordering the Levy and Collection of Assessments for the Existing Landscape Maintenance Districts for Fiscal Year 2022-2023.

15.C A Public Hearing on July 12, 2022, for Objections to the Proposed Weed Abatement Resolution
Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing.

Council Member Males inquired regarding concerns of address specification and accuracy when weed abatement letters are sent out from the City.

Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to open a Public Hearing and take testimony, if any, for objections to Resolution

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2022-076, Declaring Public Nuisance by Virtue of Weed Growth and/or Accumulation of Rubbish, Debris, and/or Dirt on Private Property Pursuant to Government Code Sections 39560-39588, adopted at the Regular City Council Meeting on May 24, 2022.

16. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the consent calendar with the removal of 16.D,

16.I, 16.K, and 16.L for separate consideration.

16.A A Resolution of the City Council of the City of Hemet, California, Approving the Non-Participation in the County of Riverside Urban County Three-Year (2023/2024 through 2025/2026) CDBG, HOME, and ESG Program and Authorize the City Manager to Execute All Documents Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-118 of the City Council of the City of Hemet, California, Approving the Non-Participation in the County of Riverside Urban County Three- Year (2023/2024 through 2025/2026) Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME) and Emergency Solutions Grant (ESG) Program and Authorize the City Manager to Execute All Documents.

16.B A Resolution of the City Council of the City of Hemet, California, Awarding AToM Engineering Construction, Inc. the Outdoor Fitness Court at Mary Henley Park project, CIP 5735, in an amount of $136,078.00 and reject the bid protest submitted by Jon Gilmer Construction, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures not to exceed $14,000, which is approximately 10% of the contract amount, Direct the Finance Director to Appropriate an additional $85,478 from unencumbered Park Development Impact funds (Fund 361), and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-119 of the City Council of the City of Hemet, California, awarding AToM Engineering Construction, Inc. the Outdoor Fitness Court at Mary Henley Park project, CIP 5735, in an amount of $136,078.00 and reject the bid protest submitted by Jon Gilmer Construction, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures not to exceed $14,000, which is approximately 10% of the contract amount, Direct the Finance Director to Appropriate an additional $85,478 from unencumbered Park Development Impact funds (Fund 361), and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

16.C A Resolution of the City Council of the City of Hemet, California, Approving an Agreement, in final form and format as approved by the City Attorney, for the Placement of Survey Monuments, Monument Security, and Final Tract Map

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City Council Meeting
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36510, Located on the northwest corner of West Florida Avenue and Myers Street (WSI Poppy Ridge, LLC, and WSI Desert Properties, LLC) Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-120 of the City Council of the City of Hemet, California, Approving an Agreement, in final form and format as approved by the City Attorney, for the Placement of Survey Monuments, Monument Security, and Final Tract Map 36510, Located on the northwest corner of West Florida Avenue and Myers Street (WSI Poppy Ridge, LLC, and WSI Desert Properties, LLC).

16.D A Resolution of the City Council of the City of Hemet, California, Accepting $963,573.00 of California Violence Intervention and Prevention Funds from the Board of State and Community Corrections, Direct the Finance Director to Establish Supplemental Appropriations of $963,573.00 into Public Safety Grant Fund 232, and Authorize the City Manager to Execute all Documents

Action: MOTION BY COUNCIL MEMBER MALES, SECOND BY MAYOR PRO TEM MEYER CARRIED 5-0, to adopt Resolution 2022-121 of the City Council of the City of Hemet, California, accepting $963,573.00 of California Violence Intervention and Prevention Funds from the Board of State and Community Corrections, and direct the Finance Director to establish supplemental appropriations of $963,573.00 into Public Safety Grant Fund 232, and authorize the City Manager to execute all documents.

16.E A Resolution of the City Council of the City of Hemet, California, Declaring City- Owned Property Located at the Northwest Corner of Stetson Avenue and Sanderson Avenue also Known as Riverside County Assessor’s Parcel Number 456-050-023 as Surplus Land and Directing the City Manager to Follow the Procedures set Forth in the Surplus Land Act, California Government Code Section 54220, Et Seq., as Amended on January 1, 2020, for the sale of Surplus Land
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-122 of the City Council of the City of Hemet, California, Declaring City-Owned Property Located at the Northwest Corner of Stetson Avenue and North Sanderson Avenue Also Known as Riverside County Assessor’s Parcel Number 456-050-023 as Surplus Land and Directing the City Manager to Follow the Procedures Set Forth in the Surplus Land Act, California Government Code Section 54220, Et Seq., as Amended on January 1, 2020, for the Sale of Surplus Land.

16.F A Resolution of the City Council of the City Of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2005-1 Public Safety Services, Authorizing the Levy of a Special Tax in Community Facilities District 2005-1

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Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-123 of the City Council of the City Of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2005-1 Public Safety Services, Authorizing the Levy of a Special Tax in Community Facilities District 2005-1.

16.G A Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District (CFD) No. 2019-01 (McSweeney), Authorizing the Levy of A Special Tax in Community Facilities District 2019-01 for Fiscal Year 2022-2023 and Authorizing the Finance Director to Establish Revenue and Expenditure Appropriations in Support of the CFD
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-124 of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District (CFD) No. 2019-01 (McSweeney), Authorizing the Levy of A Special Tax in Community Facilities District 2019-01 for Fiscal Year 2022-2023 and Authorizing the Finance Director to Establish Revenue and Expenditure Appropriations in Support of the CFD.

16.H A Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021-01 (Saddle Point), Authorizing the Levy of a Special Tax in Community Facilities District No. 2021-01 (Saddle Point), for Fiscal Year 2022-2023 and Authorizing the Finance Director to Establish Revenue and Expenditure Appropriations in Support of This CFD
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-125 of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 2021-01 (Saddle Point), Authorizing the Levy of a Special Tax in Community Facilities District No. 2021-01 (Saddle Point), for Fiscal Year 2022-2023 and Authorizing the Finance Director to Establish Revenue and Expenditure Appropriations in Support of This CFD.

16.I A Resolution of the City Council of the City of Hemet, California, Awarding Calmex Engineering, Inc. the 2021/22 Citywide Pavement Rehabilitation Project, CIP 5726, in the Amount of $3,074,860, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed roughly 10% of the Contract Amount or $307,500, and Authorize the Finance Director to appropriate an additional $1,607,360 of Measure ‘A’ Funds from CIP 5704 to the project account to fund the total project cost, and Accept Request for Relief for Mistake in Bid from Vance Corporation, and Authorize Staff to Release the Bid Submitted by Vance Corporation Under the Grounds that a Mistake(s) was Made in Filling out the Bid Form Consistent with State Law, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer

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Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-126 of the City Council of the City of Hemet, California, Awarding Calmex Engineering, Inc. the 2021/22 Citywide Pavement Rehabilitation Project, CIP 5726, in the Amount of $3,074,860, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed roughly 10% of the Contract Amount or $307,500, and Authorize the Finance Director to appropriate an additional $1,607,360 of Measure ‘A’ Funds from CIP 5704 to the project account to fund the total project cost, and Accept Request for Relief for Mistake in Bid from Vance Corporation, and Authorize Staff to Release the Bid Submitted by Vance Corporation Under the Grounds that a Mistake(s) was Made in Filling out the Bid Form Consistent with State Law, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

16.J A Resolution of the City Council of the City of Hemet, California, Approving an Application for the Department of Interior, Bureau of Reclamation Grants FY 2023 WaterSMART Water and Energy Efficiency Grant in the Amount of $100,000.00 and Authorize the City Manager to Execute All Documents Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-127 of the City Council of the City of Hemet, California, Approving an Application for the Department of Interior, Bureau of Reclamation Grants FY 2023 WaterSMART Water and Energy Efficiency Grant in the amount of $100,000.00 and Authorize the City Manager to execute all documents.

16.K A Resolution of the City Council of the City of Hemet, California, Approving an Agreement for Services Between the City of Hemet and Lilburn Corporation, for the Preparation of a California Environmental Quality Act (CEQA) Documents and Peer Review for the Proposed Delfina at Devonshire Commercial and Multi-Family Residential Project, Located at the Northwest Corner of Sanderson and Devonshire Avenues, for a Not-To-Exceed Contract Amount of $56,260 to be Paid for by the Developer, Amco Fuels, LLC; And a CEQA Document Preparation and Deposit Agreement Between the City, Lilburn and Amco Fuels, LLC for the Delfina at Devonshire Commercial and Multi-Family Residential Project
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM MEYER, CARRIED 4-1 (COUNCIL MEMBER MALES VOTING NO), to adopt Resolution 2022-128 of the City Council of the City of Hemet, California, approving an agreement for services between the City of Hemet and Lilburn Corporation, for the preparation of a California Environmental Quality Act (CEQA) documents and Peer Review for the proposed Delfina at Devonshire Commercial and Multi-Family Residential Project, located at the northwest corner of Sanderson and Devonshire Avenues for a Not-To-Exceed contract amount of $56,260 to be paid for by the developer, Amco Fuels, LLC; and a CEQA document preparation and deposit agreement between the City, Lilburn and Amco Fuels, LLC for the Delfina at Devonshire commercial and multi-family residential project.

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16.L A Resolution of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 1999-1 Heartland Project, Authorizing the Levy of A Special Tax in Community Facilities District 1999-1
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM MEYER, CARRIED 4-0 (COUNCIL MEMBER BROWN RECUSED DUE TO POTENTIAL CONFLICT), to adopt Resolution 2022-129 of the City Council of the City of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District No. 1999-1 Heartland Project, Authorizing the Levy of a Special Tax in Community Facilities District 1999-1.

16.M A Resolution of the City Council of the CIty of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District (CFD) No. 2021-02 (Heritage Pointe), Authorizing the Levy of a Special Tax for Community Facilities District No. 2021-02 (Heritage Pointe) for Fiscal Year 2022-2023, and Authorizing the Finance Director to Establish Revenue and Expenditure Appropriations in Support of the CFD
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-130 of the City Council of the CIty of Hemet, California, Acting in its Capacity as the Legislative Body of Community Facilities District (CFD) No. 2021-02 (Heritage Pointe), Authorizing the Levy of a Special Tax for Community Facilities District No. 2021-02 (Heritage Pointe) for Fiscal Year 2022-2023, and Authorizing the Finance Director to Establish Revenue and Expenditure Appropriations in Support of the CFD.

16.N A Resolution of The City Council of The City Of Hemet, California, Approving the First Amendment to The Agreement for Landscape Maintenance Services with Adame Landscape, Inc. And Authorizing the Acting City Manager to Execute The Agreement And Authorizing the Acting City Manager to Approve Purchase Orders in Support of the Amendments And Authorize the Finance Director to Increase Revenue Projections in the Amount of $125,000 And Record a Supplemental Appropriation in the Amount of $50,000 for Additional Work
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-131 of the City Council of the City of Hemet, California, Approving the First Amendment to the Agreement for Landscape Maintenance Services with Adame Landscape, Inc., updating the annual “not to exceed” compensation amount to $580,441.96; and Authorize the Acting City Manager to execute the First Amendment to the Agreement for Landscape Maintenance Services with Adame Landscape, Inc.; and Authorize the Acting City Manager to approve purchase orders for additional work from $50,000 to $100,000 and for Maintenance Services from $430,660 to $480,441.96; and Authorize the Finance Director to increase revenue projections for Turf Removal and Irrigation Conversion Rebates in the amount of $125,000, and record a supplemental appropriation in the amount of $50,000 in LLMD fund 225 for additional work related to Turf Removal and Irrigation Conversion.

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17. DISCUSSION - ACTION ITEMS

17.A Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference and Expo - September 7-9, 2022 Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to designate Mayor Malcolm Lilienthal as the primary Voting Delegate and Council Member Linda Krupa as the Alternate for the League of California Cities Annual Conference and Expo on September 7 - 9, 2022.

17.B Discussion and Possible Action on a Resolution of the City Council of the City of Hemet, California, Ordering the Submission to the Qualified Electors of the City of Hemet an Ordinance Extending Without Increase the City of Hemet Transactions and Use Tax Pursuant to Hemet Municipal Code Section 74-136 Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-132 of the City Council of the City of Hemet, California, as amended, Ordering the Submission to the Qualified Electors of the City of Hemet an Ordinance Extending Without Increase the City of Hemet Transactions and Use Tax Pursuant to Hemet Municipal Code Section 74-136.

17.C A Resolution of the City Council of the City of Hemet, California, To Establish City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) and to Authorize the Levy of A Special Tax Within City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos), Generally Located northeast of Devonshire Avenue and Old Warren Road (DR Horton)
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-133 of the City Council of the City of Hemet, California, To Establish City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) and to Authorize the Levy of A Special Tax Within City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos), Generally Located northeast of Devonshire Avenue and Old Warren Road (DR Horton).

18. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, Mayor Pro Tem Meyer, and Mayor Lilienthal gave reports.

19. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items; MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRED 5-0, to add consideration of a Support Letter to CalJPIA’s Letter of Opposition to Senate Bill 1127 to Future Agenda Items.

MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to add to the Future Agenda Items a consideration of membership to the “Solve

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the Water Crisis Coalition,” a coalition proposed by advocates from Eastern Municipal Water District and Western Municipal Water District.

20. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 9:09 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on August 9, 2022.

APPROVAL: ATTEST:

_______________________________
Mayor Lilienthal

_____________________________
John Paul Maier, MMC
City Clerk

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MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, August 9, 2022
CLOSED SESSION – 5:00 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 5:01 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Lilienthal

Absent: Mayor Pro Tem Meyer
Staff Present: Interim City Manager Pust
Interim City Attorney Graham
City Clerk Maier

MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0, to excuse the absence of Mayor Pro Tem Meyer.

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.

Council recessed into Closed Session at 5:02 p.m.

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (2)

4.B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section

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54956.9
Number of Cases (1)

4.C PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: City Manager

4.D PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: City Attorney

4.E CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property APN: 456-050-044
Agency negotiator: Eddie Pust, Interim City Manager
Under negotiation: Price and Terms of Payment
City Attorney Graham requested to add one case to Item 4.B Conference with Legal Counsel – Anticipated Litigation as the matter came to the attention of staff after the posting of the agenda. MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to add one additional case to Item 4.B Conference with Legal Counsel – Anticipated Litigation.

5. ADJOURNMENT OF CLOSED SESSION

6. WORK STUDY ITEM - 6:00 P.M.

6.A A Resolution of the City Council of the City of Hemet, California, Adopting City Council Protocols
The City Council did not discuss the item.

REGULAR MEETING - 7:00 P.M.

7. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:09 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

8. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Lilienthal

Absent: Mayor Pro Tem Meyer
Staff Present: Interim City Manager Pust

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Interim City Attorney Graham
City Clerk Maier

MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0, to excuse the absence of Mayor Pro Tem Meyer.

9. INVOCATION
Invocation was given by Felicity Penner.

10. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Brown.

11. CITY ATTORNEY CLOSED SESSION REPORT

11.A City Attorney’s Report regarding Closed Session
Action: Interim City Attorney Graham stated that for Items 4.A, 4.B, and 4.C there were no reportable actions; for Item 4.D MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0, to appoint Steven Graham as City Attorney; and for Item 4.E, by consensus, the City Council provided settlement direction from the 6:00 p.m.

Closed Session.

12. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, and the following citizens spoke: William Potts, Ralph Grider, Donald, Andrew Allen, Terry Larned, and Ann Smith.

13. PRESENTATIONS

13.A Women's Equality Day Proclamation
Council Member Krupa presented the proclamation.

13.B Never Give Up Day Proclamation
Council Member Brown presented the proclamation.

13.C Back to School Month Proclamation
Council Member Brown presented the proclamation.

13.D Eastern Municipal Water District Drought Update
Kevin Pearson, EMWD presented an update to the City Council.

13.E Presentation on Board of State and Community Corrections, California Violence Intervention and Prevention (CalVIP) Grant, Hemet Community Wide

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Collaborative: An Approach to Violence Reduction

14. PUBLIC HEARINGS

14.A A Resolution of the City Council of the City of Hemet, California, Approving the Fiscal Year 2022-2023 through Fiscal Year 2026-2027 Capital Improvement Program for the City of Hemet and Direct the Finance Director to Establish Total Project Appropriations per the CIP for New Requests Only Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing.

Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to:

1. Continue the Public Hearing and take testimony, if any; and

2. Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Fiscal Year 2022-2023 through Fiscal Year 2026-2027 Capital Improvement Program (CIP) for the City of Hemet; and

3. Direct the Finance Director to establish total project appropriations per the CIP for new requests only.

14.B An Interim Urgency Ordinance of the City of Hemet, California, Extending Interim Urgency Ordinance No. 2022-2000 Establishing Temporary Emergency Sleeping Cabins, to June 28, 2023
Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing.

Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to:

1. Open the Public Hearing and take testimony, if any; and,

2. Adopt an Interim Urgency Ordinance of the City of Hemet, California, Extending Interim Urgency Ordinance No. 2022-2000 Establishing Temporary Emergency Sleeping Cabins, to June 28, 2023.

14.C Public Hearing to Consider Establishing City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos), to Establish an Appropriations Limit, Therefore, to Authorize the Submittal of the Levy of Special Taxes, to Submit the Establishment of an Appropriations Limit to the Qualified Electors of Such Community Facilities District; Calling a Special Election and Submitting to the Qualified Electors of City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) Propositions Regarding the Establishment of an Appropriations

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Limit and the Annual Levy of a Special Tax Within the Community Facilities District; and, Declaring the Results of a Special Election in City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) and Directing the Recording of a Notice of Special Tax Lien, generally located between Warren Road, Celeste Road and Rose Road (DR Horton)
Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing.

City Clerk Maier read the Election results, highlighting that 116 votes in the affirmative were received.

Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to:

1. Open the Public Hearing and take testimony, if any; and,

2. Adopt a Resolution 2022-134 of the City Council of the City of Hemet, California, to establish City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos), to establish an appropriations limit therefore, to authorize the submittal of the levy of special taxes, and to submit the establishment of an appropriations limit, to the qualified electors of such Community Facilities District; and,

3. Adopt a Resolution 2022-135 of the City Council of the City of Hemet, California, calling a special election and submitting to the qualified electors of City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) propositions regarding the establishment of an appropriations limit and the annual levy of a special tax within the Community Facilities District; and

4. Adopt a Resolution 2022-136 of the City Council of the City of Hemet, California, declaring the results of a special election in City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) and directing the recording of a notice of special tax lien; and

5. Waive full reading, read by title only, and introduce an Ordinance entitled, An Ordinance of the City Council of the City of Hemet, California, acting in its capacity as the legislative body of City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos) authorizing the levy of a special tax therein.

15. RECEIVE AND FILE

15.A Investment Report for May 2022
Action: By consensus, the City Council received and filed the Investment Report for May 2022.

15.B The City of Hemet Warrant Registers Dated June 30, 2022, in the amount of $951,411.94 and July 14, 2022, in the amount of $4,704,593.72. The Payroll Periods of June 13, 2022 – June 26, 2022, in the amount of $799,974.01 and June 27, 2022 – July 10, 2022, in the amount of $1,536,575.55

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Action: By consensus, the City Council received and filed the City of Hemet Warrant Registers.

15.C Code Compliance Strategic Plan - Neighborhood Enhancement Program (NEP) Update
Action: By consensus, the City Council received and filed the update on the Neighborhood Enhancement Programs (NEP) incorporated within the Code Compliance Division's Strategic Plan Objectives.

16. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to approve the Consent Calendar.

16.A Approval of the City Council Meeting Minutes of April 26, 2022, and City Council Meeting Minutes of May 24, 2022
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to approve the City Council Meeting Minutes of April 26, 2022, and City Council Meeting Minutes of May 24, 2022.

16.B Consider Authorization of a Letter of Opposition to Senate Bill 1127 (Atkins):

Workers' compensation: liability presumptions, as amended June 13, 2022 Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to approve authorization of a Letter of Opposition to Senate Bill 1127 (Atkins): Workers' compensation: liability presumptions, as amended June 13, 2022.

16.C A Resolution of the City Council of the City of Hemet, California, Declaring a 2005 KME Type 1 Fire Engine (Number 3263) as Surplus and Donating the Fire Engine to the Hemet Unified School District
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 137 of the City Council of the City of Hemet, California, declaring Engine Number 3263 Surplus and Donating the Fire Engine to the Hemet Unified School District.

16.D A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of a First-In Alerting Advanced System for the Amount of $471,663.24 from Westnet, Inc. utilizing the HGAC discount contract #EC07- 20, Authorizing the City Manager to Execute the Agreement and all Purchase Orders in Support of the Agreement, Authorizing Additional Installation Expenditures Not to Exceed 11% of the Original Price or $525,000; Authorizing the Finance Director to Re-appropriate $200,000 from ARPA fund account 270- 7018-5400 to ARPA fund account 270-7017-5400 as Supplemental

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Appropriations to Cover the Additional Costs
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 138 of the City Council of the City of Hemet, California, Awarding the Purchase of a First-In Alerting Advanced System for the Amount of $471,663.24 from Westnet, Inc. utilizing the HGAC discount contract #EC07-20, Authorizing the City Manager to Execute the Agreement and all Purchase Orders in Support of the Agreement, Authorizing Additional Installation Expenditures Not to Exceed 11% of the Original Price or $525,000; Authorizing the Finance Director to Re-appropriate $200,000 from ARPA fund account 270-7018-5400 to ARPA fund account 270-7017-5400 as Supplemental Appropriations to Cover the Additional Costs.

16.E A Resolution of the City Council of the City of Hemet, California, Awarding Willdan Engineering, a Construction Management and Inspection Agreement as Approved in Final Form by the City Attorney for an Amount Not to Exceed $305,789.00 for the Citywide Sewer Replacement and Re-lining Project, CIP 5653B
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to:

1. Adopt Resolution 2022-139 of the City Council of the City of Hemet, California, Awarding Willdan Engineering, a Construction Management and Inspection Agreement as Approved in Final Form by the City Attorney for an Amount Not to Exceed $305,789.00 for the Citywide Sewer Replacement and Re-lining Project, CIP 5653B; and

2. Authorize the City Manager to execute all agreement documents as approved in final form by the City Attorney.

16.F A Resolution of the City Council of the City of Hemet, California, Accepting the Funding Award in the Amount of $120,150 from the State of California, Department of Recycling Resources and Recovery, Through the SB 1383 Local Assistance Grant; and Authorizing the Finance Director to Record Revenues to Account 110-0454 in the amount of $120,150, and to Record a Supplemental Appropriation of $120,150 in the Public Works Park Fund 110- 4250-2801 for Eligible Funding Expenditures
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 140 of the City Council of the City of Hemet, California, accepting the funding award in the amount of $120,150 from the State of California, Department of Recycling Resources and Recovery, through the SB 1383 Local Assistance Grant; and authorizing the Finance Director to record revenues to account 110-0454 in the Amount of $120,150, and record a supplemental appropriation of $120,150 in the Public Works Park Fund 110-4250-2801 for eligible funding expenditures.

16.G A Resolution of the City Council of the City of Hemet, California, Approving the

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Ongoing Agreement with Liebert, Cassidy, Whitmore for Continued Representation in Employee-Related Matters, for an Annual Not-to-Exceed Amount of $100,000, with a One-Time Exception of an Adjusted Annual Not-to- Exceed Amount of $135,000 for FY 21/22
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 141 of the City Council of the City of Hemet, California, Approving the Ongoing Agreement with Liebert, Cassidy, Whitmore for Continued Representation in Employee-Related Matters, for an Annual Not-to-Exceed Amount of $100,000, with a One-Time Exception of an Adjusted Annual Not-to-Exceed Amount of $135,000 for FY 21/22.

16.H A Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to Employment Agreement Between the City of Hemet and Edward J. Pust
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 142 of the City Council of the City of Hemet, California, Approving the First Amendment to Employment Agreement Between the City of Hemet and Edward J. Pust.

16.I A Resolution of the City Council of the City of Hemet, California, Rescinding Resolution 2021-001, and Authorizing Investment of City of Hemet Monies in the Local Agency Investment Fund
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 143 of the City Council of the City of Hemet, California, Rescinding Resolution 2021-001, and Authorizing Investment of City of Hemet Monies in the Local Agency Investment Fund.

16.J Resolutions of the City Council of the City of Hemet, California, Approving Replacement Subdivision Improvement Agreements and Improvement Security for Tract Map Nos. 33825 and 33825-1, located in McSweeny Farms Specific Plan Area, north of McSweeny Parkway and east of State Street (Richmond American Homes)
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to:

1. Adopt a Resolution 2022-144 of the City Council of the City of Hemet, California, approving a replacement subdivision improvement agreement and improvement security for tract map No. 33825, located in the McSweeny Farms specific plan area, north of McSweeny Parkway and east of State Street (Richmond American Homes); and,

2. Adopt a Resolution 2022-145 of the City Council of the City of Hemet, California, approving a replacement subdivision improvement agreement and improvement

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security for tract map No. 33825-1, located in the McSweeny Farms specific plan area, north of McSweeny Parkway and east of State Street (Richmond American Homes).

16.K A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Two (2) Fully-Outfitted 2023 Chevrolet Traverse LS W/1FL for the Amount of $100,731.29 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract #091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 146 of the City Council of the City of Hemet, California, awarding the purchase of two (2) fully- outfitted 2023 Chevrolet Traverse LS W/1FL for the Amount of $100,731.29 from National Auto Fleet Group utilizing the Sourcewell Master Vehicle Contract #091521-NAFG competitively solicited purchasing contract and authorizing the City Manager to execute the agreement and purchase orders in support of the agreement.

16.L A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of One (1) Fully-Outfitted 2023 Ford Transit T-350 Prisoner Transport Van for the Amount of $86,917.37 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract #091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 147 of the City Council of the City of Hemet, California, awarding the purchase of (1) Fully- Outfitted 2023 Ford Transit T-350 Prisoner Transport Van for the Amount of $86,917.37 from National Auto Fleet Group Utilizing the Sourcewell Master Vehicle Contract #091521-NAFG Competitively Solicited Purchasing Contract and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement.

16.M A Resolution of the City Council of the City of Hemet, California, Awarding Southstar Engineering & Consulting, Inc. a Construction Management and Inspection Agreement in an Amount Not to Exceed $230,914.75 for the Citywide Traffic Signal Safety Upgrades Project, CIP No. 5651, Federal Aid Project No. HSIPL-5186(017); Authorizing the City Manager to Execute All Contract Documents, and Authorizing the Finance Director to Appropriate an Additional $69,504.75 of Unencumbered DIF (Fund 329) to Fund the Construction and Construction Management of this Project Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 148 of the City Council of the City of Hemet, California, Awarding Southstar Engineering & Consulting, Inc. a Construction Management and Inspection Agreement in an Amount Not to

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Exceed $230,914.75 for the Citywide Traffic Signal Safety Upgrades Project, CIP No. 5651, Federal Aid Project No. HSIPL-5186(017); Authorizing the City Manager to Execute All Contract Documents, and Authorizing the Finance Director to Appropriate an Additional $69,504.75 of Unencumbered DIF (Fund 329) to Fund the Construction and Construction Management of this Project.

16.N A Resolution of the City Council of the City of Hemet, California, Awarding Genesis Construction, Citywide Sewer replacement, CIP 5653B in the Amount of $2,417,000.00, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or $241,700.00, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 149 of the City Council of the City of Hemet, California, awarding Genesis Construction Citywide Sewer replacement, CIP 5653B in the amount of $2,417,000.00, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or $241,700.00, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

16.O A Resolution of the City Council of the City of Hemet, California, Authorizing the Finance Director to Increase Revenues by $60,000 and Establish Supplemental Appropriations in FY2021/22 of $60,000 for the Previously Approved Fourth Amendment for Services Between the City of Hemet and 4Leaf, Inc.

Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 150 of the City Council of the City of Hemet, California, Authorizing the Finance Director to Increase Revenues by $60,000 and Establish Supplemental Appropriations in FY2021/22 of $60,000 for the Previously Approved Fourth Amendment for Services Between the City of Hemet and 4Leaf, Inc.

16.P A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of a 45 Foot Public Safety Mobile Command Center for the Amount of $1,199,976.50, from LDV Custom Specialty Vehicles utilizing the HGACBuy contract #AM10-20, and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 151 of the City Council of the City of Hemet, California, Awarding the Purchase of a 45-Foot Public Safety Mobile Command Center for the Amount of $1,199,976.50 from LDV Custom

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Specialty Vehicles utilizing the HGACBuy contract #AM10-20, and Authorizing the City Manager to Execute the Agreement and Purchase Orders in Support of the Agreement.

16.Q A Resolution of the City Council of the City of Hemet, California, Approving the Agreement for Services between the City of Hemet and Interwest Consulting Group, Inc. for a Contract Amount Annually of $200,000 and Authorize the City Manager to Execute the Agreement for a Three (3) Year Term With Up To Two (2) Additional One (1) Year Extensions
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 152 of the City Council of the City of Hemet, California, Approving the Agreement for Services between the City of Hemet and Interwest Consulting Group, Inc. for a Contract Amount Annually of $200,000 and Authorize the City Manager to Execute the Agreement for a Three (3) Year Term With Up To Two (2) Additional One (1) Year Extensions.

17. DISCUSSION - ACTION ITEMS

17.A A Resolution of the City Council of the City of Hemet, California, to Join in Support or Become a Board Member of Solve the Water Crisis Coalition Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022- 153 of the City Council of the City of Hemet, California to join in support or become a Board Member of Solve the Water Crisis Coalition.

17.B A Resolution of the City Council of the City of Hemet, California, Approving an Agreement for Consulting Services with SoftResources LLC for the Acquisition of an Enterprise Resource Planning Software System in the amount of $132,400 and Authorizing the Interim City Manager to Execute the Agreement, Purchase Orders, and all other Supporting Documents related to the Agreement
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 3-1 (COUNCIL MEMBER MALES VOTING NO AND MAYOR PRO TEM MEYER ABSENT), to adopt a Resolution 2022-154 of the City Council of the City of Hemet, California, Approving an Agreement for Consulting Services with SoftResources LLC for the Acquisition of an Enterprise Resource Planning Software System in the amount of $132,400 and Authorizing the Interim City Manager to Execute the Agreement, Purchase Orders, and all other Supporting Documents related to the Agreement.

16. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, Mayor Lilienthal and Interim City Manager Pust gave reports.

17. FUTURE AGENDA ITEMS

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Mayor Lilienthal asked Council if there were any requests for Future Agenda Items; Council Member Brown requested that staff send letters for AB 916, AB 1740, AB 2407, AB 1685, AB 2011, SB 1087; SB 897, SB 6. MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to direct staff to send out letters on behalf of the City.

18. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 9:35 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on September 13, 2022.

APPROVAL: ATTEST:

_______________________________
Mayor Lilienthal

_____________________________
John Paul Maier, MMC
City Clerk

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MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, September 13, 2022

CLOSED SESSION – 6:00 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:01 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Lilienthal

Absent: Mayor Pro Tem Meyer*
Staff Present: Interim City Manager Pust
City Attorney Graham
City Clerk Maier

MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to excuse the absence of Mayor Pro Tem Meyer.
*Mayor Pro Tem Meyer arrived at 6:14 p.m.

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.

Council recessed into Closed Session at 6:02 p.m.

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)

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City of Hemet v. John Petty
Riverside Superior Court No. MCC1600981

4.B CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Eddie Pust, Interim City Manager Employee Organization: HPOA, HPMA, HFFA, HNSPEA, HMMA, SEIU, Confidential/Management Employees, and Unrepresented Employees City Attorney Graham requested that the City Council add one case to the Closed Session Agenda as the urgent matter came to the attention of staff after the posting of the agenda. The case is entitled Riverside Superior Court Case CDRI 2203822, in which the City Clerk John Paul Maier is named in the matter. MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-0 (MAYOR PRO TEM MEYER ABSENT), to add the Riverside Superior Court Case CDRI 2203822 to the Closed Session Agenda.

5. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 7:00 PM.

REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:05 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

7. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Mayor Pro Tem Meyer
Mayor Lilienthal
Council Member Males

Absent:

Staff Present: Interim City Manager Pust
City Attorney Graham
City Clerk Maier

8. INVOCATION
Invocation was given by Loren Woods.

9. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Brown.

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City Council Meeting
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10. CITY ATTORNEY CLOSED SESSION REPORT

10.A City Attorney’s Report regarding Closed Session
Action: City Attorney Graham stated settlement direction was provided for Item 4.A with a 3-1- 1 vote (COUNCIL MEMBER KRUPA VOTING NO AND MAYOR PRO TEM MEYER ABSTAINED) and there were no other reportable actions from the 6:00 p.m. Closed Session.

11. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, the following citizens spoke: Matt McPherson, Ed Bush, Mark, Lentine, and Jan Bissell.

12. PRESENTATIONS

12.A National Stepfamily Day Proclamation
Mayor Lilienthal presented the proclamation.

12.B Library Sign-Up Month Proclamation
Council Member Krupa presented the proclamation.

12.C National Suicide Prevention Month Proclamation
Mayor Lilienthal presented the proclamation.

12.D National Preparedness Month Proclamation
Council Member Brown presented the proclamation.

12.E Certificates of Appreciation - Adopt-A-Street Program Mayor Lilienthal recognized each Adopt-A-Street volunteer group for their volunteerism and community service to the City of Hemet.

13. RECEIVE AND FILE

13.A The City of Hemet Warrant Registers Dated July 28, 2022, in the amount of $953,103.42, August 11, 2022, in the amount of $985,401.58, and August 25, 2022, in the amount of $1,632,981.80. The Payroll Periods of July 11, 2022 – July 24, 2022, in the amount of $847,259.63, July 25, 2022 – August 07, 2022, in the amount of $815,445.24, and August 8, 2022 - August 21, 2022, in the amount of $833,200.92
Action: By consensus, the City Council received and filed the City of Hemet Warrant Registers.

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City Council Meeting
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14. CONSENT CALENDAR

MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve the Consent Calendar, with the removal of Item 14.F for separate consideration.

14.A Approval of the City Council Meeting Minutes of June 14, 2022, and the City Council Meeting Minutes of June 28, 2022
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve the City Council Meeting Minutes of June 14, 2022, and the City Council Meeting Minutes of June 28, 2022.

14.B Second Reading and Adoption of Ordinance 2002 of the City Council of the City of Hemet, California, Acting in Its capacity as the Legislative Body of City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos), Authorizing the Levy of a Special Tax Therein
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve the Second Reading and Adoption of Ordinance 2002 of the City Council of the City of Hemet, California, Acting in Its capacity as the Legislative Body of City of Hemet Community Facilities District No. 2022-01 (Tres Cerritos), Authorizing the Levy of a Special Tax Therein.

14.C Approval of a Letter of Opposition to Senate Bill 262 Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve a letter of opposition to Senator Robert Hertzberg's Senate Bill 262.

14.D A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Revised Position, GIS Specialist
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-155 of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the revised position, GIS Specialist.

14.E A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Revised Position, Administrative Assistant
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-156 of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the revised position, Administrative Assistant.

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14.F A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the New Position, Program Coordinator – Office of Violence Intervention Action: MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-157 of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the new position, Program Coordinator – Office of Violence Intervention.

14.G A Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-158 of the City Council of the City of Hemet, California, approving the City’s Classification and Compensation Plan for employee salary ranges.

14.H A Resolution of the City Council of the City of Hemet, California, Approving a Grant of Easement and Right-of-way to Southern California Edison Company for Underground Electrical Supply Systems and Communication Systems Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-159 of the City Council of the City of Hemet, California, Approving a Grant of Easement and Right-of-way to Southern California Edison Company for underground electrical supply systems and communication systems.

14.I A Resolution of the City Council of the City of Hemet, California, to Approve the Community Development Block Grant - Coronavirus (CDBG-CV) Hemet CARES Business Support Grant Funding Recommendations for Round Three Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-160 of the City Council of the City of Hemet, California, to Approve the Community Development Block Grant - Coronavirus (CDBG-CV) Hemet CARES Business Support Grant Funding Recommendations for Round Three.

14.J A Resolution of the City Council of the City of Hemet, California, Approving a Service Agreement by and Between the County of Riverside and the City of Hemet for Stetson Avenue Roadway Improvements; and Authorize the Finance Director to Deposit with the County of Riverside $212,500 (Including Contingencies) for the Administration, Engineering Design, Construction of Improvements and Inspection; and Authorize the City Manager to Execute all Contract Documents in the final form and format as approved by the City Attorney

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City Council Meeting
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Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-161 of the City Council of the City of Hemet, California, Approving a Service Agreement by and Between the County of Riverside and the City of Hemet for Stetson Avenue Roadway Improvements; and Authorize the Finance Director to Deposit with the County of Riverside $212,500 (Including Contingencies) for the Administration, Engineering Design, Construction of Improvements and Inspection; and Authorize the City Manager to Execute all Contract Documents in the final form and format as approved by the City Attorney.

14.K A Resolution of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement, Improvement Security, and Final Parcel Map 37779, Located at Southeast Corner of Stetson Avenue and Sanderson Avenue (Ranch McHolland, LLC.)
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-162 of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement, Improvement Security, and Final Parcel Map 37779, Located at Southeast Corner of Stetson Avenue and Sanderson Avenue (Ranch McHolland, LLC.).

14.L A Resolution of the City Council of the City of Hemet, California, Awarding Unleaded and Diesel Fueling Services to Merrimac Petroleum DBA Merrimac Energy Group for a Term of Three (3) Years, With an Option for Two (2) one- year extensions for an Amount Defined by the Markup Above or Below the Oil Price Information Service Rack Price for Unbranded Low in the Inland Empire Region and Authorizing the Interim City Manager to Execute the Agreement for Unleaded and Diesel Fueling Services and Authorizing the Interim City Manager to Execute a Purchase Order in Support of the Award Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-163 of the City Council of the City of Hemet, California, awarding unleaded and diesel fueling services to Merrimac Petroleum DBA Merrimac Energy Group for a Term of Three (3) Years, With an Option for Two (2) one-year extensions for an amount defined by the markup above or below the Oil Price Information Service rack price for unbranded low in the Inland Empire region; and, authorize the Interim City Manager to execute the Agreement for unleaded and diesel fueling services; and, Authorize the Interim City Manager to execute a purchase order in support of the award.

14.M A Resolution of the City Council of the City of Hemet, California, Approving a First Amendment to the Agreement for Professional Engineering Services for the Preparation of the City's West Side Master Drainage Plan by and Between the City of Hemet and Michael Baker International; and, Direct the Finance Director to Appropriate $218,216.43 of Unencumbered Flood Control Development Impact Fees; and, Authorize the Interim City Manager to Execute all Contract Documents in the Final Form and Format as Approved by the City Attorney

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City Council Meeting
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Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-164 of the City Council of the City of Hemet, California, Approving a first amendment to the Agreement for Professional Engineering Services for the Preparation of the City's West Side Master Drainage Plan by and between the City of Hemet and Michael Baker International, Direct the Finance Director to appropriate $218,216.43 of unencumbered flood control development impact fees, and authorize the Interim City Manager to execute all contract documents in the final form and format as approved by the City Attorney.

15. DISCUSSION - ACTION ITEMS

15.A 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
Action: MOTION BY COUNCIL MEMBER MALES, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to direct the City Clerk to solicit applications for the vacant City Treasurer position by advertising on the City’s website, Press-Enterprise, Social Media Platforms, and reach out to previous applicants and to provide findings at a future City Council Meeting.

15.B Appointment of Measure U Citizen Oversight Committee Members Action: By consensus, the City Council directed the City Clerk to solicit additional applications and defer the item to the next meeting for consideration.

15.C Request for Waiver of Undergrounding Utility Lines Related to the Proposed Holiday Inn Project at 3850 West Florida Avenue
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to approve the requested waiver for undergrounding utility lines related to the proposed Holiday Inn project at 3850 West Florida Avenue submitted by Ace Design LLC.

MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CONSENSUS, to approve adding a review of the Ordinance regarding waivers on the Future Agenda Items.

15.D 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)

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Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-165 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).

16. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Lilienthal, Council Member Males, and Mayor Prom Tem Meyer gave reports.

17. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items; no changes were made.

18. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 8:42 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on September 27, 2022.

APPROVAL: ATTEST:

_______________________________
Mayor Lilienthal

_____________________________
John Paul Maier, MMC
City Clerk

21.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, September 27, 2022

CLOSED SESSION – 6:00 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Manager Pust
City Attorney Graham
City Clerk Maier

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.

Council recessed into Closed Session at 6:01 p.m.

4. DISCUSSION ITEMS

MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve City Attorney’s request to add Item 4.D, Bethany Hufferd v. City of Hemet, Riverside Superior Court Number MCC200988, and Item 4.E, In Re Western Community Energy, United States Bankruptcy Court for the Central District, Case No. 6:21-bk- 12821, to the Discussion Items for the 6:00 p.m. Closed Session.

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City Council Meeting
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4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Eddie Pust, Interim City Manager Employee Organization: HPOA, HPMA, HFFA, HNSPEA, HMMA, SEIU, Confidential/Management Employees, and Unrepresented Employees

4.B CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1)
DAVID BAXTER V. CITY OF HEMET/HEMET POLICE DEPARTMENT
United States District No. 5:21-cv-01331

4.C CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property APN: 456-050-044
Agency negotiator: Eddie Pust, Interim City Manager
Under negotiation: Price and Terms of Payment

4.D CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1)
Bethany Hufferd v. City of Hemet
Riverside Superior Court Number MCC200988

4.E CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1)
In Re Western Community Energy
Bankruptcy Court for the Central District of California Case 6:21-bk-12821

5. ADJOURNMENT OF CLOSED SESSION
REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

7. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Manager Pust

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City Council Meeting
September 27, 2022
City Attorney Graham
City Clerk Maier

8. INVOCATION
Invocation was given by Lauren Woods.

9. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Brown.

10. CITY ATTORNEY CLOSED SESSION REPORT
Interim City Attorney Graham stated there were reportable action for Item 4.B. By a vote of 4-0, with Council Member Brown abstaining, the City Council provided settlement direction.

Reportable action for Item 4.D: by a vote of 5-0, the City Council provided settlement direction.

11. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, the following citizen spoke: Ann Smith, Johnny Sandoval, John Newman, William Hendrickson, Sonia Lamas, and Jerrianne Franklin.

12. PRESENTATIONS

12.A Hispanic Heritage Month Proclamation
The Hispanic Heritage Month Proclamation was presented by Mayor Lilienthal.

12.B Highlight Reel of Recent Accomplishments in Hemet
The City Council viewed a presentation of recent accomplishments by the City of Hemet.

13. RECEIVE AND FILE

13.A Investment Report for June 2022
Action: By consensus, the City Council received and filed the investment report for June 2022.

14. CONSENT CALENDAR

MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve the Consent Calendar with the removal of Items 14.B and 14.D for separate consideration.

14.A An Ordinance of the City Council of the City of Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the

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City Council Meeting
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2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together with Certain Additions, Insertions, Deletions and Changes Thereto; and Adopting by Reference the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions, and Changes Thereto Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together with Certain Additions, Insertions, Deletions and Changes Thereto; and Adopting by Reference the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions, and Changes Thereto, and; Set a public hearing date of November 8, 2022, for the adoption of said Ordinance.

14.B A Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to the Agreement for Services between the City of Hemet and Willdan Engineering for a Contract Amount Annually of $200,000 and Authorize the City Manager to Execute the Agreement for a Three-Year Term With Up To Two Additional One-Year Extensions
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-166 of the City Council of the City of Hemet, California, Approving the First Amendment to the Agreement for Services between the City of Hemet and Willdan Engineering for a Contract Amount Annually of $200,000 and Authorize the City Manager to Execute the Agreement for a Three-Year Term With Up To Two Additional One-Year Extensions

14.C A Resolution of the City Council of the City of Hemet, California, Approving a Request for Authorization to Provide In-Kind Services to West Valley High School in Support of the Mustang Classic 2022 High School Band Competition to be held on Saturday, October 15, 2022
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-167 of the City Council of the City of Hemet, California, authorizing a request to provide in-kind services to West Valley High School in support of the Mustang Classic 2022 High School Band competition, to be held on Saturday, October 15, 2022.

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14.D A Resolution of the City Council of the City of Hemet, California, Awarding LC Paving and Sealing Inc., CDBG 2021/2022 Accessible Sidewalk and ADA Ramps, CIP 5722 in the Amount of $461,852.50, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or $46,185.00, Authorize the Finance Director to Establish a Total Project Budget of $540,737.75 and Authorize the Finance Director to Appropriate an Additional $183,165.75 of Available Measure ‘A’ Funds, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to adopt Resolution 2022- 168 of the City Council of the City of Hemet, California, Awarding LC Paving and Sealing Inc., CDBG 2021/2022 Accessible Sidewalk and ADA Ramps, CIP 5722 in the Amount of $461,852.50, and Waive any Minor Bid Irregularities, and Authorize the City Manager to Execute all Contract Documents and Approve Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or $46,185.00, Authorize the Finance Director to Establish a Total Project Budget of $540,737.75 and Authorize the Finance Director to Appropriate an Additional $183,165.75 of Available Measure ‘A’ Funds, and Authorize the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer; and to have all future projects regarding ADA improvements to be brought before the Infrastructure Commission for input and consideration before being brought to the City Council.

14.E A Resolution of the City Council of the City of Hemet, California, Approving the Agreement for Repair Services with Sylvester Roofing Company Inc., and Authorizing the Interim City Manager to Execute the Agreement and Authorizing the Interim City Manager to Approve Purchase Orders in Support of the Agreement and Authorizing the Finance Director to Establish a Supplemental Appropriation in Fund 685 for Roof and Gutter Repairs at the Covell Building in the Amount of $65,450 Including a 10% Contingency.

Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to adopt Resolution 2022-169 of the City Council of the City of Hemet, California, Approving the Agreement for Repair Services with Sylvester Roofing Company Inc., and Authorizing the Interim City Manager to Execute the Agreement and Authorizing the Interim City Manager to Approve Purchase Orders in Support of the Agreement and Authorizing the Finance Director to Establish a Supplemental Appropriation in Fund 685 for Roof and Gutter Repairs at the Covell Building in the Amount of $65,450 Including a 10% Contingency.

15. DISCUSSION - ACTION ITEMS

15.A Appointment of Measure U Citizen Oversight Committee Members

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City Council Meeting
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Action: MOTION BY MAYOR LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to continue the item to the next Regular City Council Meeting and direct the City Clerk to provide additional advertisements across social media to solicit applications.

16. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, Mayor Pro Tem Meyer, and Mayor Lilienthal gave reports.

17. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items; MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to add “Southern California Edison Services Discussion” to Future Agenda Items.

MOTION BY MAYOR LILIENTHAL, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to add “In-Kind Services Discussion” and “Special Events Discussion” to Future Agenda Items.

18. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 8:40 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on October 11, 2022.

APPROVAL: ATTEST:

_______________________________
Mayor Lilienthal

_____________________________
John Paul Maier, MMC
City Clerk

21.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, October 11, 2022

CLOSED SESSION – 6:00 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Closed Session at 6:02 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Manager Pust
City Attorney Graham
City Clerk Maier

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.

Council recessed into Closed Session at 6:03 p.m.

4. DISCUSSION ITEMS

4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Eddie Pust, Interim City Manager Employee Organization: HPOA, HPMA, HFFA, HNSPEA, HMMA, SEIU, Confidential/Management Employees, and Unrepresented Employees

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City Council Meeting
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4.B PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: Interim City Manager

4.C CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (1)

5. ADJOURNMENT OF CLOSED SESSION
REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Regular Session at 7:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

7. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Manager Pust
City Attorney Graham
City Clerk Maier

8. INVOCATION
Invocation was given by Ann Smith.

9. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Meyer.

10. CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Graham stated that by a vote of 5-0, the City Council provided settlement direction for item 4.C, Conference with Legal Counsel – Anticipated Litigation. There were no other reportable actions.

11. COMMUNICATIONS FROM THE PUBLIC

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Mayor Lilienthal asked for Public Comments, and the following citizens spoke: Andrew Allen, Anthony Connel, Pat Gregory, Mike Wolford, Marianne Derouin, Scott Garret, Anthony Thomas, Megan Hueken, Terry Larned, Jennette Chun, and Norm Kyriss.

12. PRESENTATIONS

12.A Breast Cancer Awareness Month Proclamation
Dr. Stanley Schinke accepted the Breast Cancer Awareness Month Proclamation, as presented by Council Member Krupa.

12.B Emotional Wellness Month Proclamation
Mrs. Lilienthal accepted the Emotional Wellness Month Proclamation, as presented by Mayor Lilienthal. Pastor Melissa Dawn Swizek, Pastor Jermelia Kearney Taylor, Penelope Engard, Heather Miranda, Julie Ann Maiden Heldoorn, and Verna Swizek accepted Certificates of Appreciation on behalf of the City of Hemet City Council.

12.C Adopt-A-Dog Month Proclamation
Grant Brubaker and Amber Schlieder with Animal Rescue accepted the Adopt-A-Dog Month Proclamation, as presented by Council Member Brown.

12.D Water Professionals Appreciation Week Proclamation Water/Waste Water Superintendent Travis Holyoak accepted the Water Professionals Appreciation Week Proclamation, as presented by Council Member Brown.

12.E Fire Prevention Week Proclamation
Fire Prevention Officer Ed Clark and Battalion Chief Greg Lloyd accepted the Fire Prevention Week Proclamation, as presented by Mayor Pro Tem Meyer.

13. RECEIVE AND FILE

13.A City of Hemet Warrant Registers Dated September 8, 2022, in the amount of $1,253,108.07 and September 22, 2022, in the amount of $1,753,968.46. The Payroll Periods of August 22, 2022 – September 4, 2022, in the amount of $ 771,765.91, and September 05, 2022 - September 18, 2022, in the amount of $846,191.95
Action: By consensus, the City Council received and filed the City of Hemet Warrant Registers.

13.B Investment Report for July 2022

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City Council Meeting
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Action: By consensus, the City Council received and filed the City of Hemet Investment Reports.

14. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the consent calendar with the removal of 14.A, 14.B, 14.D, and 14.F for separate consideration, with 14.E being changed to a discussion item, item 15.E.

14.A A Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges Action: MOTIONED BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-170 of the City Council of the City of Hemet, California, approving the City’s Classification and Compensation Plan for employee salary ranges.

14.B A Resolution of the City Council of the City of Hemet, California, Approving Application for the Department of Housing and Urban Development, Older Adult Home Modification Grant Program in the Amount of $942,000 and Authorize the Interim City Manager to Execute All Documents Action: MOTIONED BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-171 of the City Council of the City of Hemet, California, Approving Application for the Department of Housing and Urban Development, Older Adult Home Modification Grant Program in the Amount of $942,000, and Authorize the Interim City Manager to Execute All Documents.

14.C A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the New Position, Environmental Compliance Coordinator
Action: MOTIONED BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-172 of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the New Position, Environmental Compliance Coordinator.

14.D A Resolution of the City Council of the City of Hemet, California, Approving an Agreement for Repair Services with Bravo Sign & Design, Inc., and Authorizing the Interim City Manager to Execute the Agreement and Authorizing the Interim City Manager to Approve Purchase Orders in Support of the Agreement and Authorizing the Finance Director to Establish a Supplemental Appropriation in Liability Insurance Account 683-2200-2725 in the Amount of $67,154.91 and an Additional Supplemental Appropriation in Fund 685 in the Amount of $19,250 Including a 10% Contingency, to Remove and Replace the Damaged Welcome to Hemet Monument Sign

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City Council Meeting
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Action: MOTIONED BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-173 of the City Council of the City of Hemet, California, Approving an Agreement for Repair Services with Bravo Sign & Design, Inc., and Authorizing the Interim City Manager to Execute the Agreement and Authorizing the Interim City Manager to Approve Purchase Orders in Support of the Agreement and Authorizing the Finance Director to Establish a Supplemental Appropriation in Liability Insurance Account 683- 2200-2725 in the Amount of $67,154.91 and an Additional Supplemental Appropriation in Fund 685 in the Amount of $19,250 Including a 10% Contingency, to Remove and Replace the Damaged Welcome to Hemet Monument Sign, as amended to refer the design of the sign to the Infrastructure Commission and to also include “Home of the Ramona Pageant” and “Home of the Diamond Valley Lake” to the sign’s design.

14.E A Resolution of the City Council of the City of Hemet, California Establishing the Hemet Fire and Life Safety Agency and Department of Life Safety, Amending the City of Hemet’s Class and Compensation Plan to add the New Position of Chief Building Official / Deputy Fire Marshal, and Approving Budget Amendments in Support Thereof
Action:

It is respectfully recommended that the City Council:

Adopt the Resolution Establishing the Hemet Fire and Life Safety Agency and the Department of Life Safety, Amending the Classification and Compensation Plan to add the New Position of Chief Building Official / Deputy Fire Marshal, and Approving Budget Amendments in Support Thereof.

14.F A Resolution of the City Council of the City of Hemet, California, Designating the Code Enforcement Division to Serve as Enforcement Agency Under AB 1276
Action: MOTIONED BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-1 (MAYOR PRO TEM MEYER VOTING NO), to adopt Resolution 2022- 175, a Resolution of the City Council of the City of Hemet, California, Designating the Code Enforcement Division to Serve as Enforcement Agency Under AB 1276.

14.G A Resolution of the City Council of the City of Hemet, California, Approving a Grant of Easement and Right-of-way to Eastern Municipal Water District ("EMWD") for Pipelines, Equipment, Structures, and/or Appurtenances Action: MOTIONED BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-176 of the City Council of the City of Hemet, California, Approving a Grant of Easement and Right-of-way to Eastern Municipal Water District ("EMWD") for Pipelines, Equipment, Structures, and/or Appurtenances.

14.H A Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to the Agreement for Services between the City of Hemet

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City Council Meeting
October 11, 2022
and HR Green Pacific, Inc. for a Contract Amount $100,000 and Authorize the City Manager to Execute the Agreement for a One-Year Term With Month to Month Extensions
Action: MOTIONED BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-177, a Resolution of the City Council of the City of Hemet, California, Approving the First Amendment to the Agreement for Services between the City of Hemet and HR Green Pacific, Inc. for a Contract Amount Annually of $100,000 and Authorize the City Manager to Execute the Agreement for a One-Year Term With Month to Month Extensions.

14.I A Resolution of the City Council of the City of Hemet, California Authorizing the Finance Director to Record a Supplemental Appropriation of $7,910 in Support of the Completion of the FY21-22 AB1600 Report
Action: MOTIONED BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-178 of the City Council of the City of Hemet, California authorizing the Finance Director to record a supplemental appropriation of $7,910 in the support of the completion of the FY21-22 AB1600 Report.

15. DISCUSSION - ACTION ITEMS

15.A Discussion and Action on City Treasurer Vacancy Including Appointment of a Qualified Individual to Fill the Vacancy
Action: MOTION BY MAYOR LILIENTHAL, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-1 (COUNCIL MEMBER KRUPA VOTING NO), to appoint Dale Dieleman as the City of Hemet City Treasurer to fill the unscheduled vacancy.

15.B Appointment of Measure U Citizen Oversight Committee Members Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-1 (MAYOR PRO TEM MEYER VOTING NO), to appoint George Schaffer to the Measure U Committee
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to appoint Stacie Olson to the Measure U Committee.

15.C Appointment of Commissioners to Fill Two (2) Vacancies and Re-appointment of Two (2) Commissioners on the City of Hemet Infrastructure Commission Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER MALES, CARRIED 5-0, to appoint Jeffery Moore and William Hendrickson as Commissioners on the City of Hemet Infrastructure Commission to fill vacancies with term expirations of August 1, 2023 and Re-appoint Robin Lowe and Wraymond Sawyerr as Commissioners on the City of Hemet Infrastructure Commission with a term expiration of August 1, 2024.

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City Council Meeting
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15.D A Resolution of the City Council of the City of Hemet, California, Authorizing Acceptance of Grant Funding from Federal Emergency Management Agency in the Amount Of $7,071,090.00; and Authorizing the City Manager, Or designee, to Execute any Necessary Documents to Meet the Grant Requirements Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-179 of the City Council of the City of Hemet, California, Authorizing Acceptance of Grant Funding from Federal Emergency Management Agency in the Amount Of $7,071,090.00; and Authorizing the City Manager, Or designee, to Execute any Necessary Documents to Meet the Grant Requirements.

15.E A Resolution of the City Council of the City of Hemet, California Establishing the Hemet Fire and Life Safety Agency and Department of Life Safety, Amending the City of Hemet’s Class and Compensation Plan to add the New Position of Chief Building Official / Deputy Fire Marshal, and Approving Budget Amendments in Support Thereof
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-174 of the City Council of the City of Hemet, California, Establishing the Hemet Fire and Life Safety Agency and the Department of Life Safety, Amending the Classification and Compensation Plan to add the New Position of Chief Building Official / Deputy Fire Marshal, and Approving Budget Amendments in Support Thereof.

16. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, and Mayor Pro Tem Meyer gave reports. Interim City Manager Pust also provided a brief update.

17. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items. No updates were made.

18. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 9:42 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on October 25, 2022.

APPROVAL: ATTEST:

_______________________________
Mayor

_____________________________
John Paul Maier, MMC
City Clerk

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City Council Meeting
October 11, 2022

21.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, October 25, 2022
CLOSED SESSION – 5:30 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Closed Session at 5:31 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Manager Pust
City Attorney Graham
City Clerk Maier

3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Lilienthal asked for Public Comments; no one spoke.

Council recessed into Closed Session at 5:32 p.m.

4. DISCUSSION ITEMS

MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to add Item 4.C to the Discussion Items for the 5:30 p.m. Closed Session.

4.A CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6

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City Council Meeting
October 25, 2022
Agency Designated Representative: Eddie Pust, Interim City Manager Employee Organization: HPOA, HPMA, HFFA, HNSPEA, HMMA, SEIU, Confidential/Management Employees, and Unrepresented Employees

4.B PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Section 54957
Title: City Manager

4.C CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9

5. ADJOURNMENT OF CLOSED SESSION
REGULAR MEETING - 7:00 P.M.

6. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Regular Session at 7:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

7. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Manager Pust
City Attorney Graham
City Clerk Maier

8. INVOCATION
Invocation was given by Mrs.Lilienthal.

9. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Meyer.

10. CITY ATTORNEY CLOSED SESSION REPORT
Interim City Attorney Graham stated there were no reportable actions from the 5:30 p.m.

Closed Session.

11. COMMUNICATIONS FROM THE PUBLIC

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City Council Meeting
October 25, 2022
Mayor Lilienthal asked for Public Comments, and the following citizen spoke: Pat Gregory and Jerrianne Franklin.

12. OATH OF OFFICE

12.A Swearing-in of the Appointed City Treasurer - Dale Dieleman City Clerk Maier administered the Oath of Office to the newly appointed City Treasurer, Dale Dieleman.

13. PRESENTATIONS

13.A Red Ribbon Week Proclamation
The Red Ribbon Week Proclamation was presented by Council Member Brown.

13.B Domestic Violence Awareness Month Proclamation
Gale Hepner accepted the Domestic Violence Awareness Month Proclamation, as presented by Council Member Brown.

13.C National Disability Employment Awareness Month Proclamation Grocery Outlet accepted the National Disability Employment Awareness Month Proclamation, as presented by Mayor Lilienthal

14. PUBLIC HEARINGS

14.A Public Hearing to Consider Authorizing the Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No.21 and Authorizing the Submittal of the Levy of Special Taxes to the Qualified Electors of Such Community Facility District; Calling a Special Election and Submitting to the Qualified Electors of Community Facilities District No. 2005-1 (Public Safety Services) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District; Making Certain Findings, Certifying the Results of an Election, and Adding Property to Community Facilities District No. 2005-1 (Public Safety Services), the Annexed Territory, Generally Located Between Warren Road, Fisher Street, Mustang Way, and Poplar Street (Lennar)
Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing.

City Clerk Maier read the Election results, highlighting that 34 votes in the affirmative were received.

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City Council Meeting
October 25, 2022
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to open the public hearing and take testimony, if any; and, Adopt Resolution 2022-180 of the City Council of the City of Hemet, California, authorizing the annexation of territory to Community Facilities District No. 2005-1 (Public Safety Services) as Annexation No. 21 and authorizing the submittal of the levy of Special Taxes to the qualified electors of such Community Facilities District; and, Adopt Resolution 2022-181 of the City Council of the City of Hemet, California, calling a Special Election and submitting to the qualified electors of City of Hemet Community Facilities District No. 2005-1 (Public Safety Services) propositions regarding the establishment of an appropriations limit and the annual levy of a Special Tax within the Community Facilities District; and, Adopt Resolution 2022-182 of the City Council of the City of Hemet, California, making certain findings, certifying the results of an election, and adding property to Community Facilities District No. 2005-1 (Public Safety Services).

14.B Public Hearing to Consider Establishing City of Hemet Community Facilities District No. 2022-02 (Saddle Point II), to Establish an Appropriations Limit, Therefore, to Authorize the Submittal of the Levy of Special Taxes, to Submit the Establishment of an Appropriations Limit to the Qualified Electors of Such Community Facilities District; Calling a Special Election and Submitting to the Qualified Electors of City of Hemet Community Facilities District No. 2022-02 (Saddle Point II) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax Within the Community Facilities District; and, Declaring the Results of a Special Election in City of Hemet Community Facilities District No. 2022-02 (Saddle Point II) and Directing the Recording of a Notice of Special Tax Lien, generally located between Warren Road, Fisher Street, Mustang Way and Poplar Street (Lennar) Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing.

City Clerk Maier read the Election results, highlighting that 34 votes in the affirmative were received.

Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to open the Public Hearing and take testimony, if any; and, Adopt Resolution 2022-183 of the City Council of the City of Hemet, California, to establish City of Hemet Community Facilities District No. 2022-02 (Saddle Point II), to establish an appropriations limit therefore, to authorize the submittal of the levy of special taxes, and to submit the establishment of an appropriations limit, to the qualified electors of such Community Facilities District; and, Adopt Resolution 2022-184 of the City Council of the City of Hemet, California, calling a special election and submitting to the qualified electors of City of Hemet Community Facilities District No. 2022-02 (Saddle Point II) propositions regarding the establishment of an appropriations limit and the annual levy of a special tax within the Community Facilities District; and Adopt Resolution 2022-185 of the City Council of the City of Hemet, California, declaring the results of a special election in City of Hemet Community Facilities District No. 2022-02 (Saddle Point II) and directing the recording of a notice of special tax lien; and Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet,

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City Council Meeting
October 25, 2022
California, acting in its capacity as the legislative body of City of Hemet Community Facilities District No. 2022-02 (Saddle Point II) authorizing the levy of a special tax therein.

15. CONSENT CALENDAR

MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to approve the Consent Calendar with the removal of items

15.A, 15.G, 15.I and 15.J for seperate consideration.

15.A A Resolution of the City Council of the City of Hemet, California, Awarding the purchase of One (1) 2023 Diesel Ford F- 550, 4x4, Crew Cab XLT for use as Type 6 Medic Patrol to Boise Mobile Equipment, Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $312,024.91, and Authorizing the City Manager to Execute All Documents Related to this Contract Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-186 of the City Council of the City of Hemet, California, Awarding the purchase of One (1) 2023 Diesel Ford F- 550, 4x4, Crew Cab XLT for use as Type 6 Medic Patrol to Boise Mobile Equipment, Authorizing the Finance Director to Record a Supplemental Appropriation in the amount of $312,024.91, and Authorizing the City Manager to execute all documents related to this contract.

15.B A Resolution of the City Council of the City of Hemet, California, Approving the Annual Issuance of a Blanket Encroachment Permit to the Southern California Gas Company for Routine Maintenance Work and Authorizing the City Manager to Execute the Annual Permit
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-187 of the City Council of the City of Hemet, California, approving the annual issuance of a blanket encroachment permit to the Southern California Gas Company for routine maintenance work and authorizing the City Manager to execute the annual permit.

15.C Approval and Acceptance of a California Literacy Grant of $32,539 for the Purpose of Providing the Continuing Adult Literacy Program at the Hemet Public Library
Action: Approve and accept a California Literacy Grant of $32,539 for the purpose of providing the Continuing Adult Literacy Program at the Hemet Public Library.

15.D A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Revised Position, Principal Engineer
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-188 of the City Council of the City of Hemet,

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City Council Meeting
October 25, 2022
California, approving an amendment to the City's Classification and Compensation Plan to include the revised position, Principal Engineer.

15.E A Resolution of the City Council of the City of Hemet, California, Approving the Second Amendment to the Agreement for Services between the City of Hemet and Dudek, for the Preparation of an Environmental Impact Report (EIR) for the Proposed Stetson Corner Project Located at the Southeast Corner of Stetson and Sanderson Avenues, for a Contract Not to Exceed the Amount of $250,000 to be Paid for by the Developer, Rancho McHolland, LLC; and 2) A CEQA Document Preparation And Deposit Agreement Between The City, Dudek And Rancho McHolland, LLC For The Stetson Corner Project, and to Execute Agreement Extend the Term of the Agreement until December 31, 2022, for Final Close-out.

Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-189 of the City Council of the City of Hemet, California, Approving the Second Amendment to the Agreement for Services between the City of Hemet and Dudek, for the Preparation of an Environmental Impact Report (EIR) for the Proposed Stetson Corner Project Located at the Southeast Corner of Stetson and Sanderson Avenues, for a Contract Not to Exceed the Amount of $250,000 to be Paid for by the Developer, Rancho McHolland, LLC; and 2) A CEQA Document Preparation And Deposit Agreement Between The City, Dudek And Rancho Mcholland, LLC For The Stetson Corner Project, and to execute agreement extend the term of the Agreement until December 31, 2022, for final close-out.

15.F A Resolution of the City Council of the City of Hemet, California, Approving an Application for the California Coastal Commission, Whale Tail Grant in the Amount of $50,000.00 and Authorizing the City Manager to Execute All Documents
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-190 of the City Council of the City of Hemet, California, Approving an Application for California Coastal Commission, Whale Tail Grant in the amount of $50,000.00 and Authorizing the City Manager to execute all documents.

15.G A Resolution of the City Council of the City of Hemet, California Approving a Subdivision Improvement Agreement (SIA), Improvement Security, and Final Tract Map No. 35393, located at the southwest corner of Mustang Way and Fisher Street. (Lennar Homes of California, LLC.)
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-191 of the City Council of the City of Hemet, California Approving a Subdivision Improvement Agreement (SIA), Improvement Security, and

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City Council Meeting
October 25, 2022
Final Tract Map No. 35393, located at southwest corner of Mustang Way and Fisher Street. (Lennar Homes of California, LLC.).

15.H A Resolution of the City Council of the City of Hemet, California, Approving the Contract Services Agreement between the City of Hemet and Southern California EMS Training Institute, Authorizing the Finance Director to Fund the Contract in the Amount of $84,096.00, and Authorizing the City Manager to Execute all Documents Related to this Contract
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-192 of the City Council of the City of Hemet, California, Approving the Contract Services Agreement between the City of Hemet and Southern California EMS Training Institute. Authorizing the Finance Director to fund the contract in the amount of $84,096.00, and Authorizing the City Manager to execute all documents related to this contract.

15.I A Resolution of the City Council of the City of Hemet, California, Approving the Agreement for Services with Yoda Painting Inc., and Authorizing the Interim City Manager to Execute the Agreement and Authorizing the Interim City Manager to Approve Purchase Orders in Support of the Agreement and Authorizing the Finance Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $90,200, Including a 10% Contingency, to Paint the Exterior of the City of Hemet Public Library
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-193 of the City Council of the City of Hemet, California, Approving the Agreement for Services with Yoda Painting Inc., and Authorizing the Interim City Manager to Execute the Agreement and Authorizing the Interim City Manager to Approve Purchase Orders in Support of the Agreement and Authorizing the Finance Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $90,200, Including a 10% Contingency, to Paint the Exterior of the City of Hemet Public Library.

15.J A Resolution of the City Council of the City of Hemet, California, Approving the use of AMR Penalty Fees to Purchase Needed Components for Tablet Command and Authorizing the Finance Director to Record a Supplemental Appropriation in the Amount of $15,026.99, Approving Funding for the Total Amount of $85,026.99, and Authorizing the City Manager to Execute all Documents Related to this Purchase
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-194 of the City Council of the City of Hemet, California, Approving the use of AMR penalty fees to purchase needed components for Tablet Command and Authorizing the Finance Director to Record a Supplemental Appropriation in the amount of $15,026.99, approving funding for the amount of $85,026.99, and Authorizing the City Manager to execute all documents related to this purchase.

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City Council Meeting
October 25, 2022

15.K A Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER BROWN, CARRIED 5-0, to adopt Resolution 2022-195 of the City Council of the City of Hemet, California, approving the City’s Classification and Compensation Plan for employee salary ranges.

16. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, Council Member Males, Mayor Pro Tem Meyer, and Mayor Lilienthal provided updates.

Interim City Manager Pust provided a brief update.

17. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items; no changes were made.

18. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 8:12 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on November 8, 2021.

APPROVAL: ATTEST:

_______________________________
Mayor Lilienthal

_____________________________
John Paul Maier, MMC
City Clerk

21.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, November 8, 2022
WORK STUDY SESSION – 6:30 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Work Study at 6:30 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Manager Pust
Assistant City Attorney Sanchez
City Clerk Maier

3. WORK STUDY ITEM

3.A A Resolution of the City Council of the City of Hemet, California, Approving a Policy Regarding City Proclamations and Certificates
Action: MOTIONED BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-196 of the City Council of the City of Hemet, approving a policy regarding City proclamations and certificates.

4. ADJOURNMENT OF WORK STUDY SESSION
REGULAR MEETING - 7:00 P.M.

21.A

City Council Meeting
November 8, 2022

5. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:01 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Lilienthal presiding.

6. ROLL CALL
City Clerk Maier provided the Roll Call as follows:

Present: Council Member Brown
Council Member Krupa
Council Member Males
Mayor Pro Tem Meyer
Mayor Lilienthal

Absent:

Staff Present: Interim City Manager Pust
Assistant City Attorney Sanchez
City Clerk Maier

7. INVOCATION
Invocation was given by Marla Rando.

8. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Joe Kozma.

9. COMMUNICATIONS FROM THE PUBLIC
Mayor Lilienthal asked for Public Comments, and the following citizens spoke: Jerrianne Franklin and Michelle Harris.

10. PRESENTATIONS

10.A Small Business Saturday Proclamation
Joe and Elvia Sauceda with Early Bird Café accepted the Small Business Saturday Proclamation, as presented by Mayor Lilienthal.

10.B Grand Opening of Legacy Bank by the Soboba Band of Luiseno Indians Proclamation
Members of the Soboba Band of Luiseno Indians Legacy Bank accepted the proclamation, as presented by Mayor Lilienthal.

10.C Veterans Day Proclamation

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City Council Meeting
November 8, 2022
Council Member Brown presented the Veterans Day proclamation, honoring the veterans who were in attendance at the City Council Meeting.

10.D 247th Birthday of the United States Marine Corps Proclamation Joe Kozma and Mike Booth accepted the 247 th Birthday of the United States Marine Corps Proclamation, as presented by Council Member Males.

10.E Military Family Appreciation Month Proclamation
Cynthia and Jessica Males accepted the Military Family Appreciation Month Proclamation, as presented by Council Member Males.

10.F Lung Cancer Awareness Month Proclamation
Dr. Koka accepted the Lung Cancer Awareness Month Proclamation, as presented by Council Member Brown.

10.G Diabetes Awareness Month Proclamation
Dr. Koka accepted the Diabetes Awareness Month Proclamation, as presented by Mayor Lilienthal.

10.H Hemet San Jacinto Valley Interfaith Council Certificate of Recognition The Hemet San Jacinto Valley Interfaith Council accepted the Certificate of Recognition, as presented by Mayor Lilienthal.

11. RECEIVE AND FILE

11.A Receive and File the City of Hemet Warrant Registers Dated September 22, 2022, in the amount of $1,753,968.46, October 06, 2022, in the amount of $982,135.28 and October 20, 2022, in the amount of $1,358,416.27. The Payroll Periods of September 05, 2022 - September 18, 2022, in the amount of $846,191.95, September 19, 2022 - October 02, 2022, in the amount of $791,132.93, and October 03, 2022 - October 16, 2022, in the amount of $802,021.40
Action: By consensus, the City Council received and filed the City of Hemet Warrant Registers.

12. PUBLIC HEARING
Mayor Lilienthal stated that item 12.A was removed from the agenda as the item was already introduced at a previous City Council meeting.

12.A Introduce the First Reading of an Ordinance of the City Council of the City of

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City Council Meeting
November 8, 2022
Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code Of Regulations, Title 24), Including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together With Certain Additions, Insertions, Deletions And Changes Thereto; and Adopting By Reference the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions and Changes Thereto
Action:

It is respectfully recommended that the City Council:

1. Open a Public Hearing and take testimony, if any, and;

2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code Of Regulations, Title 24), Including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together With Certain Additions, Insertions, Deletions And Changes Thereto; and Adopting By Reference the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions and Changes Thereto.

12.B Second Reading and Adoption of Ordinance 2003, an Ordinance Entitled, an Ordinance of the City Council of the City of Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together with Certain Additions, Insertions, Deletions and Changes Thereto; and Adopting by Reference the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions, and Changes Thereto

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City Council Meeting
November 8, 2022
Mayor Lilienthal opened the Public Hearing.

Mayor Lilienthal closed the Public Hearing
Action: MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER BROWN, CARRIED 4-1 (MAYOR PRO TEM MEYER VOTING NO), to adopt Ordinance 2003, an Ordinance entitled, an Ordinance of the City Council of the City of Hemet, California, Amending Specific Sections of Chapter 14 of the Hemet Municipal Code by Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), including the 2022 California Building Code, the 2022 California Fire Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Residential Code Including Appendix V Swimming Pool Safety Act, Together with Certain Additions, Insertions, Deletions and Changes Thereto; and Adopting by Reference the 2021 International Property Maintenance Code, the 1997 Uniform Code for the Abatement of Dangerous Buildings, and the Mobilehome Parks Code and Installations Regulations, Together with Certain Additions, Insertions, Deletions, and Changes Thereto.

13. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to approve the consent calendar with the removal of 13.E and 13.F for separate consideration.

13.A A Resolution of the City Council of the City of Hemet, California, Accepting the 2022-23 Selective Traffic Enforcement Program (STEP) Grant of $115,000.00 from the State of California - Office of Traffic Safety and Authorize the Finance Department to Establish an Expenditure Account and Budget for the Grant Period
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-197 of the City Council of the City of Hemet, California, Accepting the 2022-23 Selective Traffic Enforcement Program (STEP) Grant of $115,000.00 from the State of California - Office of Traffic Safety and Authorize the Finance Department to Establish an Expenditure Account and Budget for the Grant Period.

13.B Approval, Acceptance, Appropriation, and Establishment of a Budget for Zip Books Grant from the California State Library in the Amount of $24,628 for the Purpose of Providing Additional Library Books at the Hemet Public Library Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to approve, accept, appropriate, and establish a budget for the Zip Books Grant from the California State Library in the Amount of $24,628 for the purpose of providing additional library books for the Hemet Public Library.

13.C A Resolution of the City Council of the City of Hemet, California, Approving a Water Conservation Funding Agreement between the City of Hemet and

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City Council Meeting
November 8, 2022
Eastern Municipal Water District and The Metropolitan Water District of Southern California; and Add Additional Funding of $1 Per Square Foot to the Program, and Authorize the City Manager to Execute All Documents Related to the Agreement
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-198 of the City Council of the City of Hemet, California, Approving a Water Conservation Funding Agreement between the City of Hemet and Eastern Municipal Water District and The Metropolitan Water District of Southern California; and Add Additional Funding of $1 Per Square Foot to the Program, and Authorize the City Manager to Execute All Documents Related to the Agreement.

13.D A Resolution of the City Council of the City of Hemet, California, Approving a Correction to Final Parcel Map 37779, Located at Southeast Corner of Stetson Avenue and Sanderson Avenue (Ranch McHolland, LLC.)
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-199 of the City Council of the City of Hemet, California, Approving a Correction to Final Parcel Map 37779, Located at Southeast Corner of Stetson Avenue and Sanderson Avenue (Ranch McHolland, LLC.).

13.E A Resolution of the City Council of the City of Hemet, California Approving and Ordering the Summary Vacation of a 20-foot Wide Public Service Easement Dedicated for the Right of Ingress and Egress for Emergency Vehicle Purpose on Lot 12 of Tract No. 29129-9
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY COUNCIL MEMBER MALES, CARRIED 4-0 (COUNCIL MEMBER KRUPA ABSTAINING), to adopt Resolution 2022-203 of the City Council of the City of Hemet, California Approving and Ordering the Summary Vacation of a 20-foot Wide Public Service Easement Dedicated for the Right of Ingress and Egress for Emergency Vehicle Purpose on Lot 12 of Tract No. 29129-9, with direction to review initial fees charged and any reimbursements necessary for obtaining then vacating the 20-foot wide public service easement.

13.F A Resolution of the City Council of the City of Hemet, California, Approving the Deed Restrictions at Gibbel Park Required by the Per Capita Grant, Authorize the City Manager to Execute the Deed Restrictions, Direct the City Clerk to Record the Deed Restrictions, and Authorize City Staff to Solicit Bids for Construction of the Gibbel Pickleball Courts Project
Action: MOTION BY MAYOR PRO TEM MEYER, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2022-200 of the City Council of the City of Hemet, California, Approving the Deed Restrictions at Gibbel Park Required by the Per Capita Grant, Authorize the City Manager to Execute the Deed Restrictions, Direct the City Clerk to Record the Deed Restrictions, and Authorize City Staff to Solicit Bids for Construction of the Gibbel Pickleball Courts Project.

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City Council Meeting
November 8, 2022

13.G A Resolution of the City Council of the City of Hemet, California, Approving a Three-Year Software Solution Master Agreement with Cartegraph Systems LLC for a Total Contract Amount of $496,015 and Authorize the City Manager to Execute the Agreement, Annual Purchase Orders, and all Other Supporting Documents Related to the Agreement
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-201 of the City Council of the City of Hemet, California, Approving a Three-Year Software Solution Master Agreement with Cartegraph Systems LLC for a Total Contract Amount of $496,015 and Authorize the City Manager to Execute the Agreement, Annual Purchase Orders, and all Other Supporting Documents Related to the Agreement.

13.H A Resolution of the City Council of the City of Hemet, California, Approving the Use of American Rescue Plan Act (ARPA) Funds to purchase Ten (10) Zoll Cardiac Monitors and Authorizing the Finance Director to Approve the Purchase in the Amount of $414,859.93 and Authorizing the City Manager to Execute All Documents Related to this Contract
Action: MOTION BY COUNCIL MEMBER BROWN, SECOND BY MAYOR PRO TEM MEYER, CARRIED 5-0, to adopt Resolution 2022-202 of the City Council of the City of Hemet, California, Approving the Use of American Rescue Plan Act (ARPA) Funds to purchase Ten (10) Zoll Cardiac Monitors and Authorizing the Finance Director to Approve the Purchase in the Amount of $414,859.93 and Authorizing the City Manager to Execute All Documents Related to this Contract.

14. CITY COUNCIL AND STAFF REPORTS
Mayor Lilienthal asked for Council Comments. Council Member Brown, Council Member Krupa, and Council Member Males gave reports. Interim City Manager Pust also provided a brief update.

15. FUTURE AGENDA ITEMS
Mayor Lilienthal asked Council if there were any requests for Future Agenda Items. No updates were made.

16. ADJOURNMENT
There being no further business, Mayor Lilienthal adjourned the meeting at 8:28 p.m. The next Regular City Council Meeting will be at 6:00 p.m. on December 13, 2022.

APPROVAL: ATTEST:

_______________________________

_____________________________

21.A

City Council Meeting
November 8, 2022
Mayor Lilienthal John Paul Maier, MMC
City Clerk

21.A

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 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 Felicia Young to fill One (1) Vacant Seat on the City of Hemet Public Library Board of Trustees

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Appoint Felicia Young to fill One (1) Vacant Seat on the City of Hemet Public Library Board of Trustees, to serve until the term expiration of June 30, 2025.

BACKGROUND:

The City of Hemet Public Library Board of Trustees was created to advise the Hemet City Council on the services, equipment, and budgetary needs of the Hemet Public Library and its operations.

City Council recommended and appointed Sharyn Dana for the Board in 2017. The City received her resignation effective November 4, 2022.

Staff recommends the appointment of Felicia Young to the Hemet Public Li brary Board of Trustees.

The City received Young's application on October 12, 2022.

ANALYSIS:

Should the City Council appoint one applicant, one of the two vacancies will be filled, and the term of the District 5 Board Seat would expire on June 30, 2025.

STRATEGIC PLAN INTEGRATION:

21.B

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

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

FISCAL IMPACT:

No Fiscal Impact.

ALTERNATIVE(S):

Direct staff alternative direction.

ATTACHMENT(S):

Application_Young, Felicia_Library Board_Redacted
Young, Felicia Resume_Redacted

21.B

From: [email protected]
To: City Clerk Staff
Subject: Online Form Submittal: Advisory Body Application Date: Wednesday, October 12, 2022 9:43:49 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.

21.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 Felicia
Last Name Young
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):

Hemet Public Library Board of Trustees
Qualifications Felicia A Young resume.docx
Are you a City
Resident?
Yes
Yes, number of years: 14
List Relevant
Experience
(employment,
I'm a very active and involved went in my community. I'm a member of Kiwanis International which is a non-profit
organization for children's all over the world, a volunteer at My City Youth for their Food Donation program, a member of the

21.B

community
organizations, etc.): Hemet/ San Jacinto Chamber of Commerce, and also a member and church secretary at my church and also have a small non- profit business
Advisory Body
Experience (body and
agency)
Field not completed.

Additional Information: I feel as a citizen of my community that it is very important to be involved in such committees as this one simply because I'm very proactive and believe in help the kids and youth as well a people period. I feel I'm able to offer great ideals, I've management skills, listen well to others and work well also with people in general.
(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 10/12/2022 9:45 AM
Applicants Signature FELICIA ANN YOUNG
Email not displaying correctly? View it in your browser.

21.B

21.B

FeliciaA.Young obiective
ContactInformation:

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21.B

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 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:

A Resolution of the City Council of the City of Hemet, California, Approving the Regular Meeting Schedule and Cancellation of Certain Regular Scheduled Meetings

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Regular Meeting Schedule and Cancellation of Certain Regular Scheduled Meetings.

BACKGROUND:

Section 2002 of the City of Hemet Municipal Code establishes that the City Council shall hold its regular meetings on the second and fourth Tuesdays of each calendar month unless otherwise noticed as required by law. The Hemet City Council has authorized cancellations of regularly scheduled meetings due to dates that have been identified as conflicting holidays or religious observances.

ANALYSIS:

The cancellation of certain dates during the summer and winter is in observance of holidays that fall near those City Council Meeting dates.

PREVIOUS COUNCIL ACTION:

The City Council has previously approved the cancellation of certain dates during the summer and the winter holidays. In alignment with efficient business practices, staff has provided a list for City Council's approval. This schedule provides Council Meeting dates for the remainder of the calendar year.

STRATEGIC PLAN INTEGRATION:

21.C

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

Objective 2: Increase transparency for the public.

ATTACHMENT(S):

Attachment 1: Resolution - Calendar Cancellation Dates

21.C

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Resolution No. 2022-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING THE

REGULAR MEETING SCHEDULE AND

CANCELLATION OF CERTAIN REGULAR

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

WHEREAS, Section 2002 Meeting – Time and Place; the municipal code, unless otherwise noticed as required by law, the City Council shall hold its regular meetings on the second and fourth Tuesdays of each calendar month; and,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS: that the City Council approve the City Council Regular Meeting Schedule (Exhibit A) and cancel July 25, 2023, August 22, 2023, November 28, 2022, and December 26, 2023 City Council Meetings, in observance of summer and winter holidays.

21.C

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Resolution No. 2022-xxx
PASSED, APPROVED AND ADOPTED this 13th day of December, 2022. ____________________________
, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

21.C

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
City of Hemet Resolution No. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 13th day of December, 2022, and was passed by the following vote:

AYES: Council Members: None.

NOES: Council Members: None.

ABSTAIN: Council Members: None.

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

21.C

Exhibit A
City of Hemet 2023 City Council Meeting Calendar
Meeting Recommendation
January 10, 2023
January 24, 2023
February 14, 2023
February 28, 2023
March 14, 2023
March 28, 2023
April 11, 2023
April 25, 2023
May 9, 2023
May 23, 2023
June 13, 2023
June 27, 2023
July 11, 2023
July 25, 2023 Cancellation
August 8, 2023
August 22, 2023 Cancellation
September 12, 2023
September 26, 2023
October 10, 2023
October 24, 2023
November 14, 2023
November 28, 2023 Cancellation
December 12, 2023
December 26, 2023 Cancellation

21.C

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 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:

A Resolution of the City Council of the City of Hemet, California, Approving the Consolidated List of Proclamations for the Year of 2023

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council o f the City of Hemet, California, approving the calendar year 2023 Proclamations List.

BACKGROUND:

The City Council holds its regular meetings on each calendar month's second and fourth Tuesdays and occasionally presents proclamations to observe various community groups, memorials, and staff. In previous years, members of the City Council have requested to place proclamations on the City Council agendas and/or have issued proclamations on behalf of the City of Hemet. The purpose of discussion for such a l ist is to create continuity and availability of an official record and for the City Council to acknowledge, collectively as a legislative body, proclamations to be recognized by the City of Hemet.

ANALYSIS:

In accordance with the Ralph M. Brown Act, an d to adhere to best practices, all members of the City Council must acknowledge and approve, collectively as a legislative body, proclamations to be recognized by the City of Hemet.

The City of Hemet City Council has the authority to approve a proposed consolidated list in an effort to promote consistency and continuity with previous years and to expedite the proclamation distribution process to the individual groups being recognized.

The consolidated list includes dates proclaimed or requested by members of the City Council in 2022, in addition to other special dates that the City Council may choose to recognize on behalf of the City of

21.D

Hemet. The City Council has the authority to a dd or remove proclamations from the consolidated list as they desire.

Once the approved list is identified, staff will prepare the necessary proclamations to be included in the agenda backup and presented at a publicly noticed council meeting.

On Janua ry 11, 2022, Regular City Council Meeting, the City Council provided direction to staff to include language on the proposed Resolution that allows the recognition of individuals, groups, organizations, and special events under special circumstances on a case-by-case basis. Such special circumstances will include, but not be limited to, milestone events in the City Council deem appropriate to recognize and proclaim on behalf of the City of Hemet.

On January 25, 2022, Regular City Council Meeting, the City Council adopted the consolidated list of proclamations for 2022.

DISCUSSION:

As proclamations emerge on future agendas, the new items will be added to the consolidated list of proclamations, which will then be brought back for discussion and consideration by the City Council on an annual basis. The City Council, as a legislative body, may also choose to remove or add any proclamations from the consolidated list.

The City Clerk's Department recommends approving the proposed consolidated list, in additi on to any changes the City Council may desire, in an effort to improve organizational effectiveness and promote efforts to allow the various groups recognized to celebrate their proclamation, especially in time for their event date(s).

PREVIOUS COUNCIL ACTION:

The City Council has previously issued special presentations of proclamations to various community groups and staff on a meeting-to-meeting basis.

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.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ALTERNATIVE(S):

Do not adopt the Resolution and provide further direction to staff.

21.D

ATTACHMENT(S):

Attachment 1: Resolution - Proclamations

21.D

City of Hemet Resolution No. 2022-xxx

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2022-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HEMET, CALIFORNIA, APPROVING THE

CONSOLIDATED LIST OF PROCLAMATIONS FOR
THE YEAR OF 2023
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council proclaims specific days, weeks and months in observance for local, national and international special events; and,
WHEREAS, the City of Hemet provides proclamations
intended for the recipient of individuals, groups, organizations or special events being recognized by the City Council; and, WHEREAS, in an effort to promote organizational
effectiveness, the consolidated list of proclamations for the calendar year of 2023 will allow individuals, groups and organizations to have access to future dates and proclamations in which the City Council will recognize; and,
WHEREAS, the City Council may continue to add dates of
observance for individuals, groups, organizations and special events to the consolidated list of proclamations; and,

21.D

City of Hemet Resolution No. 2022-xxx
WHEREAS, the City Council will continue to have the
authority to recognize individuals, groups, organizations and special events that are not included on the list, but instead will be recognized under “special circumstances”; and,
WHEREAS, the aforementioned “special circumstances” will include, but not be limited to, milestone events in which the City Council deems appropriate to recognize and proclaim on behalf of the City of Hemet; and,
WHEREAS, in accordance with the Ralph M. Brown Act, and to adhere to best practices, all members of the City Council must acknowledge and approve, collectively as a legislative
body, proclamations by the City of Hemet.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY

OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES
AS FOLLOWS: Approve the dates of observance as listed in Exhibit A, the consolidated list of proclamations for the year of 2023.

21.D

City of Hemet Resolution No. 2022-xxx
PASSED, APPROVED AND ADOPTED this 13th day of
December, 2022.
____________________________
Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

21.D

City of Hemet Resolution No. 2022-xxx
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 13th day of December, 2022, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members: None.

ABSTAIN: Council Members: None.

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

21.D

Exhibit A
1 Date Proclamation Title
Month of January National Volunteer Blood Donor
Month
Month of January National Personal Self-Defense
Awareness Month
January 9, 2023 Law Enforcement Appreciation
Day
January 16, 2023 Martin Luther King Jr. Day
January 27, 2023 International Holocaust
Remembrance Day
Month of February Black History Month
February 4, 2023 United Services Organizations Day
Month of March American Red Cross Heart Month
Month of March Youth Art Month
Month of March Women’s History Month
March 31, 2023 Cesar Chavez Day
Month of April Donate Life Month
Month of April Distracted Driving Awareness
Month
Month of April Sikh Awareness and Appreciation
Month
April 9 – April 15, 2023 National Public Safety
Telecommunications Week
April 22, 2023 Earth Day
April 25, 2023 National Library Workers Day
April 25, 2023 Parental Alienation Awareness Day
April 28, 2023 Arbor Day
Month of May National Bike Month
Month of May Asian American & Pacific Islander
Month
Month of May Military Appreciation Month
Month of May Mental Health Awareness Month
May 1, 2023 Global Love Day
May 6 – May 12, 2023 National Nurses Week
May 14 – May 20, 2023 National Police Week
May 21 – May 27, 2023 National Public Works Week
May 29, 2023 Memorial Day
Month of June LGBTQ+ Pride Month
June 19, 2023 Juneteenth
Month of July Parks and Recreation Month
Month of August National Back to-School Month
August 18, 2023 Never Give Up Day
August 26, 2023 Women’s Equality Day
Month of September National Preparedness Month
Month of September Suicide Prevention Month

21.D

Exhibit A
1 Month of September Library Sign-up Month
September 11, 2023 9/11 Remembrance Day
September 16, 2023 National Stepfamily Day
September 15- October 15,
2023
National Hispanic Heritage Month
Month of October Breast Cancer Awareness Month
Month of October Disability Employment Awareness
Month
Month of October Emotional Wellness Month
Month of October Adopt-A-Dog Month
Month of October Domestic Violence Awareness
Month
October 1- October 9, 2023 Water Professional Appreciation Week
October 8 – October 14, 2023 Fire Prevention Week
October 23- October 31, 2023 Red Ribbon Week
Month of November Diabetes Awareness Month
Month of November Lung Cancer Awareness Month
Month of November Military Family Appreciation
Month
November 10, 2023 USMC 248th Birthday
November 11, 2023 Veterans Day
November 26, 2023 Small Business Saturday
December 3, 2023 International Day of Persons with
Disabilities
December 5, 2023 International Volunteer Day
Note: Dates may vary.

21.D

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Dec 13 2022
Department: Administration
Submitted by: Eddie Pust, Interim City Manager
Steven Graham, City Attorney;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Sale of Surplus City Property Located at the Northwest Corner of Stetson Avenue and North Sanderson Avenue Identified as Riverside County APN 456 -050-044 Consisting of Approxi mately 17.83 Acres to Sage Stetson Hemet LLC

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Sale of Surplus City Property Located at the Northwest Corner of Stetson Avenue and North Sanderson Avenue Identified as Riverside County APN 456 -050-044 Consisting of Approximately 17.83 Acres to Sage Stetson Hemet LLC.

BACKGROUND:

The City of Hemet owns approximately 17.83 acres of land at the Northwest Corner of Stetson Avenue and North Sanderson Avenue identified as Riverside County APN 456 -050-044 (the "Property"). The Property is adjacent and immediately east of the City's corporate yard and is depicted below:

General Area:

21.E

Aerial of Property:

21.E

On June 23, 2020, the City Council adopted a resolution declaring the Property as surplus city property and directed the City Manager to begin the process of disposing of the property consistent with the provisions of the Surplus Land Act (the "SLA" found at Government Code § 54220 et seq.). On August 4, 2020, the City issued a "Notice of Availability" to all required entities. During the following 60 -day period, two affordable housing entities expressed interest in the Property but neither resulted in a sale.

In July 2021, the City had the Property appraised to ensure that any upcoming disposition process would result in a sale at or above fair market value to the City. The 2021 appraisal valued the land at $5,950,000.

Thereafter, City staff issued a R equest for Proposals for real estate brokerage services seeking the services of a broker with experience representing public agencies and who would perform such services at the best value to the City. On January 25, 2022, the City Council approved retainin g Epic Land Solutions, Inc. to represent the City as a real estate broker on the Property. Not only does Epic Land Solutions, Inc. has experience representing public agencies, but their broker fee was extremely advantageous to the City at a flat fee of $14,350 per parcel.

Once Epic Land Solutions, Inc. had been retained, the City solicited proposals to purchase the Property from interested parties and received several bids. After consideration of each proposal, the City determined that Sage Stetson Hemet LLC (Sage Investco) made the highest and best offer for the Property. The essential terms of the sale are as follows:

Term Summary:

Purchase Price $8,200,000
Deposit $100,000 (non-refundable)
Buyer Broker Fees Paid by City $14,350 to Epic only
City Legal/Staff Costs Paid by Buyer ($30,000 Deposit)
Due Diligence Period 135 Days after Escrow Opening
Due Diligence Extensions 3 45-Day Extensions
Due Diligence Extension Deposits $10,000 (non-refundable) per extension Entitlement Period 270 Days after Escrow Opening
Entitlement Period Extensions 3 45-Day Extensions
Entitlement Period Deposits $15,000 (non-refundable) per extension Closing Costs Paid by Buyer

The Resolution would authorize the City Manager to execute a Purchase and Sale Agreement consistent with the terms described above, and execute any other necessary documents to effectuate the sale so long as the form is approved by the City Attorney.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

21.E

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:

$8,200,000 to the City's General Fund upon close of escrow (likely FY 23/24).

ALTERNATIVE(S):

Do not approve the Resolution.

ATTACHMENT(S):

Hemet - Stetson Crossing Resolution
PSA Sage Investco Hemet Initial CLEAN 10312022-signed

21.E

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, APPROVING THE

SALE OF SURPLUS CITY PROPERTY LOCATED

AT THE NORTHWEST CORNER OF STETSON

AVENUE AND NORTH SANDERSON AVENUE

IDENTIFIED AS RIVERSIDE COUNTY
ASSESSOR’S PARCEL NUMBER 456-050-044
CONSISTING OF APPROXIMATELY 17.83 ACRES

TO SAGE STETSON HEMET LLC

WHEREAS, the City of Hemet owns the property located at the Northwest corner of Stetson Avenue and Sanderson Avenue identified as Riverside County Assessor’s Parcel Number 456-050- 044 (the “Property”); and
WHEREAS, on June 23, 2020, the City Council adopted a
resolution declaring the Property surplus and directing the City Manager to dispose of the Property consistent with the provisions of the Surplus Land Act; and
WHEREAS, the City sent a Notice of Availability to all
required entities on August 4, 2020; and
WHEREAS, during the required 60-day period, two
affordable housing entities expressed interest in the Property but neither resulted in a sale; and
WHEREAS, on January 25, 2022, the City Council approved retaining the services of Epic Land Solutions, Inc. to provide real estate broker services for the Property; and

21.E

CITY COUNCIL RESOLUTION NO. 2022-XXX
WHEREAS, the City solicited bids from interested parties; and
WHEREAS, the City considered the price and terms of
payment offered by the interested parties and determined that the offer made by Sage Stetson Hemet LLC (Sage Investco LLC) was the highest and best offer at $8,200,000; and
WHEREAS, the offer from Sage Stetson Hemet LLC
exceeds the appraised fair market value of the Property as determined by the City; and
WHEREAS, disposition of the Property to Sage Stetson
Hemet LLC will allow the Property to be utilized in a manner that benefits and serves the needs of the community.

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

SECTION 1. Findings and Incorporation. The City Council hereby finds that the above recitals are true and correct and incorporates the recitals into the body of this Resolution.

SECTION 2. City Council Actions.
(A)CEQA Compliance. The City
Council finds that the Mitigated
Negative Declaration and
Mitigation Monitoring Program
prepared for the Stetson Crossing
General Plan Amendment No.
07-03 and Specific Plan No. 07-
04, adopted by City Council
Resolution No. 4242 adequately
addressed the potential

21.E

CITY COUNCIL RESOLUTION NO. 2022-XXX
significant impacts of the project,
and therefore no subsequent or
supplemental environmental
review is needed pursuant to
Section 15162. Furthermore, the
sale of the Property is not subject
to the California Environmental
Quality Act (CEQA) pursuant to
Section 15060(c)(2) because the
sale will not result in a direct or
reasonably foreseeable indirect
physical change in the
environment. In light of the
general rule that CEQA applies
only to projects which have the
potential for causing a significant
effect on the environment and
since it can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the
environment, the activity is not
subject to CEQA pursuant to
CEQA Guidelines Section
15060(c)(2).
(B)Sale Approved. The City Council
approves the disposition of the
Property to Sage Stetson Hemet
LLC for the amount of
$8,200,000. The City Manager is
authorized and directed to

21.E

CITY COUNCIL RESOLUTION NO. 2022-XXX
execute a Purchase and Sale
Agreement, in the form attached
hereto as Exhibit A, along with
any other documents necessary
to effectuate the disposition of the
Property, so long as such
documents are approved as to
form by the City Attorney.

SECTION 3. Effective Date.

This Resolution shall take effect immediately upon adoption.

PASSED, APPROVED AND ADOPTED this ____ day of ________
2022.
____________________________
______________________, Mayor
ATTEST:
_____________________________
John Paul Maier
City Clerk

21.E

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 13th day of December, 2022, and was passed by the following vote:

AYES: Council Member:

NOES: Council Member:

ABSTAIN: Council Member:

ABSENT: Council Member:
_________________________________
John Paul Maier
City Clerk

21.E

21.E

Sage Investco
San Bernardino

AGREEMENT OF PURCHASE AND SALE

AND ESCROW INSTRUCTIONS

Between

THE CITY OF HEMET
a California municipal corporation

and

SAGE STETSON HEMET LLC
a California limited liability company,
as Buyer

Dated: as of __________________, 2022

21.E

PURCHASE AGREEMENT

Seller’s Initials: _____

Buyer’s Initials: _____

AGREEMENT OF PURCHASE AND SALE

AND ESCROW INSTRUCTIONS

THIS AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRUCTIONS (the "Agreement") is entered into as of the ____ day of______________, 2022 (“Effective Date”) by the CITY OF HEMET, a California municipal corporation ("Seller"), and SAGE STETSON HEMET LLC a California limited liability company ("Buyer") or assigns. Seller and Buyer hereby agree as follows:

ARTICLE 1

PURCHASE AND SALE OF PROPERTY

For the consideration hereinafter set forth and subject to and upon the terms, covenants and conditions of this Agreement, Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to purchase from Seller, the following:

1.1 Fee simple title to that certain improved real property of land in Hemet, California, legally described on Exhibit “A” (the "Land") to this Agreement.

1.2 All improvements located on the Land as of the Effective Date, if any (as hereinafter defined) (the “Improvements”).

1.3 All right, title and interest of Seller in and to any privileges, easements and appurtenances relating to the Land and Improvements (collectively, the “Appurtenances”), including, without limitation: (a) all mineral, mining and water rights; and (b) all easements, rights -of-way and other appurtenances used or connected with the beneficial use or enjoyment of the Land and Improvements, including, without limitation, access to a public way and rights to any land lying in the bed of any street, alley, road or avenue opened or proposed, appurtenant to, abutting, or adjoining the Land, to the center line thereof.

1.4 All right, title and interest of Seller in and to all intangible personal property now or hereafter used in connection with the operation, ownership, maintenance, or improvement of the Land (collectively, the “Intangible Property”), including, without limitation: (a) all warranties, guaranties and indemnities from third parties in favor of Seller related to the Land and Improvements ; (b) any lease related to the Land and improvements; (c) all claims against third parties related to the Land and Improvements; (d) all Existing Permits (as hereinafter defined), whether issued or applied for in the name of Seller or any prior owner of the Land and Improvements or any agent thereof; and ( e) any condemnation awards or claims thereto to be assigned to Buyer under this Agreement.

The Land, Improvements and Appurtenances are sometimes hereinafter collectively referred to as the “Real Property”. The Real Property and Intangible Property are hereinafter sometime s collectively referred to as the "Property".
pc

21.E

PURCHASE AGREEMENT

Seller’s Initials: _____

Buyer’s Initials: _____

ARTICLE 2

PURCHASE PRICE

2.1 Purchase Price . The purchase price for the Property shall be Eight Million Two Hundred Thousand Dollars ($8,200,000) (the "Purchase Price").

2.2 Payment of Purchase Price. The Purchase Price shall be paid by Buyer as follows:

2.2.1 One Hundred Thousand Dollars ($100,000.00) (the "Deposit"), shall be deposited by Buyer with Escrow Holder (as hereinafter defined) no later than 5:00 p.m., Pacific time, on the tenth (10th) day following the Opening of Escrow (as hereinafter defined).

2.2.2 The balance of the Purchase Price (the "Closing Payment"), shall be deposited by Buyer with Escrow Holder no later than 12:00 noon, Pacific time, one (1) business day immediately preceding the Closing Date (as hereinafter defined). The Closing Payment shall be subject to adjustment for any prorations required pursuant to Article 7.

2.3 Form of Payments. The Deposit and the Closing Payment shall be made by either: (a) cashier’s check made payable to Escrow Holder; or (b) wire transfer of immediately available funds to Escrow Holder. The Deposit and the Closing Payment shall be placed by Escrow Holder in a federally insured, interest-bearing account satisfactory to Buyer (the “Deposit Account”). All interest earned on the Deposit and the Closing Payment in the Deposit Account shall be for the account of Buyer.

2.4 Treatment of Deposits and Closing Payment.

2.4.1 In the event that the Closing (as hereinafter defined) occurs pursuant to this Agreement, the Deposit and the Closing Payment, and all interest earned thereon, shall be credited against the Purchase Price.

2.4.2 Except for the Non -Refundable Portion (as he reinafter defined), the Deposit and all interest earned or accrued thereon shall be fully refundable to Buyer prior to the delivery by Buyer to Seller of both the Diligence Approval Notice (as hereinafter defined) and the Title Approval Notice. Following the delivery of both the Diligence Approval Notice and the Title Approval Notice (as hereinafter defined) by Buyer to Seller, the entire Deposit shall become non -refundable, except upon the occurrence of a Refundable Event (as hereinafter defined). In the event of a Refundable Event, the Deposit and all interest earned thereon shall be fully refundable to Buyer, except for the Non-Refundable Portion which shall be governed by Section 2.4.3. For purposes of this Agreement, “Refundable Event” means either: (a) the termination of this Agreement by Buyer pursuant to its exercise of rights to terminate granted under this Agreement; or (b) the non -occurrence of any of the conditions to close under Section 6.2.1, unless waived in writing by Buyer in its sole and absolute discretion.

2.4.3 In consideration for the agreement of Seller to enter into this Agreement and take the Property off the market during the Due Diligence Period (as hereinafter defined), Seller and Buyer mutually agree that the sum of ONE HUNDRED DOLLARS ($100.00) from the Deposit shall be non-refundable to Buyer (the “Non-Refundable Portion”) and shall be paid to Seller upon the termination of this Agreement for any reason (including without limitation, the termination of this Agreement by Buyer pursuant to any right of termination during the Due Diligence Period), except if such termination is due to a material default by Seller in its obligations under this Agreement. pc

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2.4.4 Within ten business days after the Opening of Escrow, Buyer shall deliver to Seller the sum of Thirty Thousand Dollars ($30,000) to be held by Seller and utilized to pay actual Seller consultant and city attorney costs related to the disposition of the Property, including, without limitation, the actual costs Seller incurs to negotiate and prepare this Agreement, and any other work done to date or in the future related to the sale of the Property to Buyer. In the event the funds are depleted during the term of this Agreement, Buyer shall promptly deliver to Seller additional funds as requested to cover Seller’s actual costs. Any funds remaining with Seller sixty (60) days following the Parties' execution of this Agreement shall be returned to Buyer.

ARTICLE 3

BUYER'S DUE DILIGENCE AND ENTITLEMENT

3.1 Due Diligence Period.

3.1.1 Within five (5) days of the Opening of Escrow, Seller shall deliver to Buyer any and all documents, reports, surveys, and other materials in Seller’s possession respecting the Property, including without limitation; (i) calendar years 2020, and 2021 to date operating statements and copies of the property tax bills; (ii) environmental reports, ALTA and ADA surveys, building plans in Seller’s possession; (iii) service and maintenance agreements and copies of utility bills for 2020 and 2021; (iv) any tenant sales reports within reasonable access of Selle r; (vii) all tenant leases, (viii) a complete and current rent roll and a list of tenant deposits and prepaid rents if any ; (ix) common area reconciliation reports for 2020 and 2021 (x) a current tenant receivables report, (xi) all leasing inquiries regarding the Property during the previous twelve (12) months; (xii) all Phase I environmental reports; (xiii) all CC&R’s and reciprocal easement agreements, and (xiv) all financial records for the Property, including but not limited to, all CAM and operating expense projections (“Materials”).

3.1.2 Buyer shall have a period of time (the “ Due Diligence Period ”) to:
(a) investigate and satisfy itself, pursuant to Section 3.2, as to any and all matters related to (i) the physical condition of the Real Property, (ii) the geologic and soil conditions of the Land, and (iii) the environmental condition of the Real Property, (iv) all documents affecting the property, including but not limited to, contracts, CC&Rs, leases, financial statements, surveys, maintenance c ontracts, etc.; and (b) investigate and satisfy itself pursuant to Section 3.3 as to (i) the planning, zoning and land use status of the Real Property, and (ii) the suitability and economic viability of the Real Property for Buyer's ownership and intended purposes.

3.1.3 The Due Diligence Period shall commence upon the Opening of Escrow and shall conclude at 5:00 p.m. Pacific Standard Time on the date which is one hundred thirty-five (135) days after the Opening of Escrow and receipt by Buyer of the Materials. In the event Buyer is diligently pursuing the conditions set forth above, but is not in a position to remove said contingencies prior to the end of the Due Diligence Period, Buyer shall have the option to extend the Due Diligence Period for three (3) forty-five (45) calendar day periods by depositing into Escrow additional deposits in the amount of Ten Thousand Dollars ($10,000) per extension. Each additional deposit under this section shall be applied to the Purchase Price and nonrefundable except in the event of a default by Seller.

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3.2 Physical Condition of Property.

3.2.1 During the Due Diligence Period, Buyer shall have the right to investigate and physically inspect, and satisfy itself, as to all matters concerning the physical and environmental condition of the Real Property.

3.2.2 In connection with its investigation and inspection of the physical and environmental condition of the Real Property during the Due Diligence Period, Buyer shall have the right from time to time to enter the Real Property for the purpose of making such surveys, investigations, soil tests, compaction and geology studies, investigations and other tests (collectively, the "Studies") as Buyer deems necessary or appropriate, provided that:

3.2.2(a) All Studies performed on the Real Property shall be conducted at reasonable times during normal business hours.

3.2.2(b) If the Studies involve excavation, drilling, boring or physical alteration of the Real Property, Buyer shall notify Seller in writing.

3.2.2(c) All Studies shall be performed at Buyer's sole cost and expense.

3.2.2(d) Buyer shall indemnify, defend and hold harmless Seller from claims or damages arising out of any physical damage to Real Property or any liens recorded against the Real Property resulting from Buyer’s Studies. This indemnity shall survive either the Closing or the termination of this Agreement, as applicable, for a period of one (1) year. This indemnity shall not include any claims or damages relating to: (i) the discovery of any physical defects in the Real Property; (ii) the discovery of the presence of any Hazardous Materials (as hereinafter defined) on, in or under the Real Property or any adjacent parcels; or (iii) any economic loss, loss of profits, diminution in value or any other consequential damages.

3.2.3. Prior to the conclusion of the Due Diligence Period, Buyer may deliver to Seller or Escrow Holder one of the following notices, in Buyer’s sole and absolute discretion: (a) a written notice that Buyer elects to terminate this Agreement based upon its investigations of the Real Property pursuant to this Section 3.2 (the “Diligence Termination Notice”), in which case this Agreement shall terminate as of the date of delivery of the Diligence Termination Notice; or (b) a written notice that Buyer approves of its investigations of the Real Property pursuant to this Arti cle 3 (the “Diligence Approval Notice”). Any Diligence Approval Notice shall be labeled on its face “DILIGENCE APPROVAL NOTICE”. At any time during the Due Diligence Period, Buyer can elect to terminate or approve, in Buyers sole discretion, the suitability of the Real Property for Buyers intended purposes.

In the event that Buyer delivers a Diligence Approval Notice approving the matters described in Section 3.1.1 to Seller or Escrow Holder prior to the expiration of the Due Diligence Period then Fifty Thousand Dollars ($50,000) of the Deposit shall be deemed added to the Non-Refundable Portion and Buyer and Seller shall proceed to the Closing in accordance with the Terms of this Agreement. In the event that Buyer fails to deliver to Seller or Escrow Holder either a Diligence Termination Notice or a Diligence Approval Notice prior to the conclusion of the Due Diligence Period, Buyer shall be deemed to have delivered a Diligence Termination Notice, in which case this Agreement shall be terminated pursuant to Section 3.4.2.

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Buyer’s Initials: _____

3.3 Entitlement Period; Planning and Zoning Status; Suitability.

3.3.1 Buyer shall have until 5:00 p.m. Pacific Standard Time on the date which is Two Hundred Seventy (270) days after the Opening of Escrow (the “Entitlement Period”) to generally investigate, review, and satisfy itself of:

3.3.1(a) Laws and regulations of the City of Hemet and other federal, state or local governmental agencies having jurisdiction over the Real Property (collectively, the “Applicable Agencies”) that may affect the use, and any proposed development by Buyer, of the Real Property, including, without limitation, planning, zoning, and land use laws and regulations.

3.3.1(b) All planning, zoning or land use permits or approvals related to the ownership, use, occupancy or development of the Real Property (collectively the “ Planning Approvals”), that have been issued , granted or approved by the Applicable Agencies as of the Execution Date of this Agreement (collectively, the “Existing Permits”).

3.3.1(c) The suitability and economic viability of the Land for Buyer’s intended purposes.

3.3.2 In connection with its investigation and review under this Section 3.3, Buyer shall have the right to contact and meet with elected officials, representatives and agents of the Applicable Agencies.

3.3.3 During the Entitlement Period and Escrow Period (as h ereinafter defined), Buyer shall have the right, at its sole cost and expense, to: (a) prepare and file applications (in its name or in the name of an affiliate of Buyer, any assignee, and/or the name of any 3rd party lessee of the Real Property) (collectively, the “ Applications”) with Applicable Agencies for any Planning Approvals related to the Real Property, including, but not limited to, and without limitation, a development agreement, general plan amendment, specific plan amendment, any conditional use permit, a vesting parcel map and any variances; and (b) pursue the processing and approval of the Applications by the Applicable Agencies. All Applications shall be subject to Seller’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Seller authorizes the filing , processing, and approval of the Applications by Buyer with the Applicable Agencies and agrees, at no cost to Seller, to (i) cooperate with Buyer in the filing, processing, and approving of the Applications, and (ii) execute expeditiously any consents that are required by the Applicable Agencies from the Seller of the Property as a condition to such filing, processing, and approval. At Closing, Seller shall assign and transfer to Buyer, at no additional charge to Buyer, all right, title and interest of Seller in all approvals and pending applications.

3.3.4. Notwithstanding any other provision of this Agreement, phasing of development of the Property shall be at Buyer’s sole discretion, and no development agreement shall be required or necessary for Buyer’s development of the Property.

3.3.5 In the event Buyer is diligently pursuing the conditions set forth above, but is not in a position to remove said contingencies prior to the end of the Entitlement Period, Buyer shall have the option to extend the Entitlement Period for three (3) forty -five (45) calendar day periods by depositing into escrow additional deposits in the amount of Fifteen Thousand Dollars ($15,000) per extension. Any additional deposit under this section shall not be applied to the Purchase Price and pc

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shall be nonrefundable except in the event of a default by Seller.

3.3.6. Prior to the conclusion of the Entitlement Period, Buyer may deliver to Seller or Escrow Holder one of the following notices, in Buyer’s sole and absolute discretion: (a) a written notice that Buyer elects to terminate this Agreement based upon its investigations of the Real Property pursuant to this Article 3 (the “Entitlement Termination Notice”), in which case this Agreement shall terminate as of the date of delivery of the Entitlement Termination Notice; or (b) a written notice that Buyer approves of its investigations of the Real Property pursuant to this Article 3 (the “ Entitlement Approval Notice”). Any Entitlement Approval Notice shall be labeled on its face “ ENTITLEMENT APPROVAL NOTICE”. At any time during the Entitlement Period, Buyer can elect to terminate or approve, in Buyers sole discretion, the suitability of the Real Property for Buyers intended purposes.

In the event that Buyer delivers an Entitlement Approval Notice approving the matters described in Section 3.3 to Seller or Escrow Holder prior to the expiration of the Entitlement Period then the entire Deposit shall be deemed added to the Non -Refundable Portion and Buyer and Seller shall proceed to the Closing in accordance with the Terms of this Agreemen t. In the event that Buyer fails to deliver to Seller or Escrow Holder either an Entitlement Termination Notice or an Entitlement Approval Notice prior to the conclusion of the Entitlement Period, Buyer shall be deemed to have delivered an Entitlement Termination Notice, in which case this Agreement shall be terminated pursuant to Section

3.4.2. 3.4 Approval/Disapproval by Buyer.

3.4.2 In the event that this Agreement is terminated pursuant to this Section as a result of Buyer’s failure to deliver the required notice, Seller shall give Buyer notice of such termination and grant Buyer ten (10) business days to reinstate the Agreement from Seller’s written notice. If Buyer fails to reinstate; (a) except for the obligations set forth in Section 3.2.2(d), neither Seller nor Buyer shall thereafter have any rights or obligations under this Agreement; (b) Escrow (as hereinafter defined) shall b e cancelled; and (c) the Deposit (other than the Non -Refundable Portion which shall be released to Seller) shall be returned to Buyer by Escrow Holder, together with any interest earned or accrued thereon. Seller and Buyer agree to promptly execute any do cuments reasonably requested by the other party or Escrow Holder to evidence the termination of this Agreement and the cancellation of Escrow.

ARTICLE 4
TITLE

4.1 Preliminary Title Report. Seller shall cause the Title Company to provide Buyer with the following documents: (a) a current Preliminary Title Report (the "Preliminary Title Report") with respect to the Real Property from First American Title Company, (the "Title Company"), containing such exceptions as the Title Company would specify in a n ALTA extended coverage form policy of title insurance (the "ALTA Extended Form"); and (b) cl ear and legible copies of any recorded underlying documents evidencing the exceptions which are listed in the Preliminary Title Report.

4.2 Approval/Disapproval of Title.

4.2.1 Prior to the conclusion of the Due Diligence Period, Buyer may deliver to Seller or Escrow Holder one of the following notices, in Buyer’s sole and absolute discretion: (a) a written notice that Buyer elects to terminate this Agreement based upon its rev iew of title (the “ Title Termination Notice”), in which case this Agreement shall terminate as of the date of delivery of the pc

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Buyer’s Initials: _____

Title Termination Notice; (b) a written notice identifying those exceptions listed in the Preliminary Title Report (collectively, the “ Listed Exceptions ”) to which Buyer has objections (the “ Title Objection Notice”); or (c) a written notice approving the Listed Exceptions in the Preliminary Title Report (“Title Approval Notice”). Any Title Approval Notice under this Section 4.2.1 must be labeled on its face “TITLE APPROVAL NOTICE” and must specify that Buyer approves all Listed Exceptions in the Preliminary Title Report. In the event that Buyer fails to deliver to Seller or Escrow Holder either a Title Termination Notice, a Title O bjection Notice or a Title Approval Notice prior to the conclusion of the Due Diligence Period, Buyer shall be deemed to have delivered a Title Termination Notice, in which case this Agreement shall be terminated pursuant to Section 4.2.3.

4.2.2 In the event that Buyer delivers a Title Objection Notice to Seller prior to the conclusion of the Due Diligence Period, then Seller and Buyer shall meet and confer within five (5) business days following receipt by Seller or Escrow Holder of Buyer’s Title Object ion Notice (the “Title Conference Period”) in an effort to resolve Buyer’s title objections. Buyer shall deliver a Title Approval Notice to Seller or Escrow Holder if, prior to conclusion of the Title Conference Period, either: (a) Seller notifies Buyer in writing that Seller shall remove all Listed Exceptions identified in the Title Objection Notice, at or prior to Closing, at Seller’s sole cost and expense; or (b) Seller and Buyer reach a mutual agreement for resolution of the title objections set forth in Buyer’s Title Objection Notice. Any Title Approval Notice under this Section 4.2.2 must be labeled on its face “TITLE APPROVAL NOTICE” and shall list any Listed Exceptions that have been approved by Buyer. In the event that Buyer fails to deliver a T itle Approval Notice prior to the conclusion of the Title Conference Period, Buyer shall be deemed to have delivered a Title Termination Notice, in which case this Agreement shall be terminated pursuant to Section 4.2.3.

4.2.3 In the event that this Agr eement is terminated pursuant to Sections 4.2.1 or

4.2.2: (a) neither Seller nor Buyer thereafter shall have any rights or obligations under this Agreement; (b) Escrow shall be cancelled; and (c) the Deposit (other than the Non-Refundable Portion which shall be released to Seller) and any interest earned or accrued thereon shall be returned to Buyer. Seller and Buyer agree to promptly execute any documents reasonably requested by the other party or Escrow Holder to evidence the termination of this Agreement and the cancellation of Escrow.

4.2.4 For purposes of this Agreement, the term “ Approved Exceptions” means all of the following: (a) any Listed Exceptions which are listed in a Title Approval Notice delivered by Buyer; and (b) if Buyer delivers a Title Objection Notice with respect to an Preliminary Title Report, any Listed Exception in the Preliminary Title Report that is not identified in the Title Objection Notice.

4.3 Condition of Title. The Property shall be conveyed by Seller to Buyer on the Closing Date free and clear of all liens, encumbrances and easements, excepting only the following (collectively, the "Permitted Encumbrances"):

4.3.1 The Approved Exceptions.

4.3.2 Current real estate taxes and assessments that are a lien not yet payable.

4.4 Title Policy. At Closing, Seller shall cause the Title Company and Title Company shall stand ready to issue, the current form of the ALTA extended coverage title p olicy, and otherwise in a form reasonably satisfactory to Buyer (the "Owner's Title Policy") with liability pc

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Buyer’s Initials: _____

equal the Purchase Price, showing title vested in Buyer, subject only to the Permitted Exceptions and containing such endorsements as Buyer may request.

ARTICLE 5

OPENING AND CLOSING OF ESCROW

5.1 Establishment of Escrow. An escrow for the purpose of facilitating the consummation of the purchase and sale of the Property pursuant to this Agreement (the "Escrow") shall be established at the Escrow Division of First American Title Company (the "Escrow Holder").

5.2 Opening of Escrow. Escrow shall be deemed to have opened on the date of the receipt by Escrow Holder of: (a) the original or counterparts of this Agreement duly executed by both Seller and Buyer. Escrow Holder shall promptly notify Buyer and Seller of the Escrow Opening Date. Such date shall be referred to herein as the “Opening of Escrow.”

5.3 Form Escrow Instructions . This Agreement shall constitute escrow instructions between Seller and Buyer for the Escrow. Seller and Buyer agree to execute such additional documents that may be required by Escrow Holder attendant to this Agreement and the purchase and sale herein contemplated. In the event of any conflict between the form escrow instructions and this Agreement, the terms and conditions of this Agreement shall control and govern.

5.4 Closing Date.

5.4.1 In the event that Buyer delivers the Diligence Approval Notice, the Entitlement Approval Notice and the Title Approval Notice to Seller , Seller and Buyer shall pro ceed to consummate the purchase and sale herein contemplated (the “Closing”).

5.4.2 The Closing shall occur on the Closing Date (as hereinafter defined) established pursuant to Section 5.4.3, as extended in accordance with the provisions of this Agreement, if that be the case; provided that neither party shall be obligated to consummate the purchase and sale of the Property unless all conditions to the obligations of such party to consummate said purchase and sale pursuant to Section 6.2 have been satisfied or waived.

5.4.3 Unless earlier terminated by Seller or Buyer pursuant to a specific right of termination expressly set forth in this Agreement the Closing shall occur upon the earlier of: (a) on or before thirty (30) days following the delivery of the Diligence Approval Notice, Entitlement Approval Notice and Title Approval Notice by Buyer to Seller and Escrow Holder; or (b) on such earlier date as Buyer desires; or ( c) on such other date as Seller and Buyer may mutually agree upon in writing (“Closing Date”).

ARTICLE 6
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Buyer’s Initials: _____

CONSUMMATION OF SALE AND CONDITIONS TO CLOSING

6.1 Documents and Funds Delivered into Escrow or by Escrow Holder . The following shall be delivered into the Escrow in connection with the transfer of the Property:

6.1.1 No later than 12:00 noon, Pacific Standard Time, one (1) business day prior to the Closing Date, Seller shall deposit into Escrow:

6.1.1(a) One (1) original of the grant deed (the " Grant Deed "), duly executed by Seller and notarized, in a recordable form acceptable to Buyer and the Title Company.

6.1.1(b) One (1) original of a separate Statement of Documentary Transfer Tax for the Grant Deed (the “Statement of Transfer Tax”), which shall be attached to the Grant Deed, duly executed by Seller, in a form acceptable to the Title Company, stating the documentary transfer tax for the recordation of the Grant Deed.

6.1.1(c) Two (2) originals of a Bill of Sale and Assignment Agreement for Personal Property and Intangible Propert y (the “ Assignment Agreement ”), duly executed in counterpart by Seller in the form set forth in Exhibit “B” to this Agreement, assigning to Buyer all of Seller’s interest in, and rights to (i) the Intangible Property, and (ii) any Planning Approvals and Applications for Planning Approvals pursuant to Section 3.3.3.

6.1.1(d) Two (2) originals of a written certification from Seller which satisfies the requirements of Section 1445 of the Internal Revenue Code, as amended (the " 1445 Certificate"), duly executed by Seller, in a form acceptable to Buyer and the Title Company.

6.1.1(e) Two (2) originals of a Withholding Exemption Certificate (Form 593) from the State of California (“Form 593”), duly executed by Seller.

6.1.1(f) Two (2) originals of the Assignment of Lease duly executed by Seller in the form set forth in Exhibit “C” to this Agreement.

6.1.1(g) All original leases and tenant correspondence and original service contracts that Buyer is assuming , all keys, plans su rveys and other such items as may be helpful to Buyer in the ownership and operation of the Property, tenant letters executed by Seller in a form provided by Buyer which shall notify tenants of the change of ownership (“Tenant Items”).

6.1.1(h) Such other instruments and documents as may be reasonably required to transfer the Property to Buyer in accordance with this Agreement, including, without limitation, such other instruments and documents as may be reasonably required by the Title Company as a condition to its delivery of the Owner’s Title Policy.

6.1.1(i) Originals (or copies certified by Seller as true and correct) of any leases, contracts, construction documents , and/or construction warranties affecting the Property and which Buyer approves, together with an applicable estoppels certificate relating thereto.

6.1.2 No later than 12:00 noon, Pacific Standard Time , one (1) business day prior to the Closing Date, Buyer shall deposit into Escrow:

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6.1.2(a) Two (2) originals of each of the Assignment Agreement and Assignment of Leases, duly executed in counterpart by Buyer.

6.1.2(b) The Closing Payment required under Section 2.2.2, as adjusted by the prorations, costs and other items credited for or chargeable to Buyer pursuant to Article 7.

6.1.2(c) Such other instruments and documents as may be reasonably required to transfer the Property to Buyer in accordance with this Agreement, including, without limitation, such other instruments and documents as may be reasonably required by the Title Company as a condition to its delivery of the Owner's Title Policy.

6.2 Conditions to Close. Escrow shall not close unless:

6.2.1 The following conditions have been satisfied or waived in writing by Buyer prior to Closing:

6.2.1(a) All documents described in Section 6.1.1 have been delivered by Seller to Escrow.

6.2.1(b) All representations and warranties of Seller under Article 8 are true and correct as of the Closing.

6.2.1(c) The Title Company is in a position to issue to Buyer the Owner's Title Policy for the Real Property, subject only to the Permitted Encumbrances.

6.2.1(d) The physical and environmental condition of the Property shall be the same on the Closing Date as on the Effective Date of this Agreement.

6.2.1(e) Within ten (10) days prior to the Closing Date, Buyer shall have received and approved an estoppel certificate (“ Tenant Estoppel Certificate ”) and Subordination, Non-Disturbance Agreement (“SNDA”) to be dated not more than thirty (30) days prior to the Closing Date, duly executed by each tenant of the Property. Buyer shall have the right to disapprove any Tenant Estoppel Certificate that reveals facts or claims by any tenant that are materially inconsistent with the Materials provided by Seller, and upon such disapproval this Agreement shall be deemed to automatically terminate, the Deposit shall be returned to Buyer without additional instruction, and the parties shall have no further obligation or lia bility to each other except as may expressly survive any such termination. The form of the Tenant Estoppel Certificate is attached hereto as Exhibit “D”. Prior to the expiration of the Due Diligence Period, Buyer shall provide Seller with the required form of the SNDA.

6.2.2 The following conditions shall be satisfied or waived in writing by Seller prior to Closing:

6.2.2(a) All documents and funds described in Section 6.1.2 have been delivered by Buyer to Escrow.

6.2.2(b) All representations and warranties of Buyer under Article 9 are true and correct as of the Closing.

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6.2.3 Seller and Buyer mutually acknowledge and agree that whenever in this Agreement there are conditions to Closing which are provided for the benefit of a party to this Agreement, that party shall have the right, at any time during the Escrow Period to waive such conditions and the benefits conferred thereby and proceed to Closing without such conditions having been satisfied.

6.3 Recordation and Transfer. Upon satisfaction of the conditions set forth in Section 6.2, Escrow Holder shall transfer the Property as follows:

6.3.1 Cause the Grant Deed and the SNDA to be recorded in the County where the Property is located.

6.3.2 Deliver to Buyer: (a) one (1) fully executed original of the 1445 Certificate; (b) one (1) fully executed counterpart original of the Assignment Agreement; (c) one (1) fully executed Assignment of Leases and (d) one (1) conformed copy of the Grant Deed, Statement of Transfer Tax, Form 593 and the Ownership Change Report.

6.3.3 Deliver to Seller: (a) one (1) conformed copy of the Grant Deed and Form 593; (b) one (1) fully executed counterpart original of the Assignment Agreement (c) one (1) fully executed Assignment of Leases and (d) the Tenant Items.

6.3.4 Deliver to the parties entitled thereto any other Closing documents.

6.3.5 Disburse all funds deposited with Escrow Holder by Buyer in the following manner:

6.3.5(a) Compute the amount of all costs and prorations chargeable to Seller and Buyer pursuant to Article 7.

6.3.5(b) Deliver to Seller, pursuant to instructions to be delivered by Seller to Escrow Holder, an amount equal to the Closing Payment, less the costs and prorations which are chargeable to the account of Seller as calculated under Article 7.

6.3.5(c) Deduct the amounts of all costs and prorations which are chargeable to the account of Buyer as calculated under Article 7.

6.3.5(d) Disburse the remaining balance of the funds deposited by Buyer, if any, to Buyer promptly upon the Closing pursuant to writ ten instructions to be delivered by Buyer to Escrow Holder.

ARTICLE 7

PRORATIONS AND COSTS

7.1 Taxes and Assessments . Real estate taxes and assessments relating to the Property shall be allocated and prorated between Seller and Buyer as follows:

7.1.1 General real estate taxes for the then -current tax year relating to the Property shall be prorated as of the Closing Date , subject to the terms of any leases requiring any tenant(s ) at the Property to pay such taxes. If the Closing shall occur before the actual taxes for the then -current pc

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Buyer’s Initials: _____

tax year are known, the apportionment of taxes shall be upon the basis of taxes for the immediately preceding tax year; provided that, if the taxes for the current year are thereafter determined to be more or less than the taxes for the preceding year (after any appeal of the assessed valuation thereof is concluded), Seller and Buyer promptly shall adjust the proration of such taxes and Seller or Buyer, as the case may be, shall pay to the other any amount required as a result of such adjustment. All special taxes or assessments related to the Property shall be prorated as of the Closing Date.

7.1.2 Any supplemental real estate taxes or assessments against the Property, which are levied after the Closing but which are applicable exclusively to the period of time prior to the Closing (collectively, the "Supplemental Taxes"), will remain the responsibility of Seller on and after the Closing, and Seller hereby agrees to reimburse Buyer for the amount of the Supplemental Taxes within thirty (30) days after Seller's receipt of Buyer's written demand therefore accompanied by the appropriate tax bill for the Supplemental Taxes.

7.2 Utility, Water and Municipal Charges . To the extent Seller is responsible for any utility, water or municipal charges at or relating to the Property, Seller shall cause all such utility, water or municipal charge billings to be closed and billed by th e respective utility companies, municipality or supplier as of the Closing of Escrow in order that such charges may be separately billed for the period prior to the Closing of Escrow and the period after the Closing of Escrow. In the event any such utility, water or municipal charges are not separately billed, the same shall be prorated. In connection with any such proration, it shall be presumed that utility and municipal charges were uniformly incurred during the billing period in which the Close of Escrow occurs.

7.3 Other Expenses. There shall be prorated as of the Close of Escrow any other proper and approved expenses which were either (i) prepaid by Seller for a period beyond the Close of Escrow, or (ii) with respect to which payment is due after the Close of Escrow, and the amount billed after the Close of Escrow includes charges applicable to the period prior to the Close of Escrow.

7.4 Rents and Security Deposits. There shall be prorated as of the Close of Escrow any rentals and prepaid rentals collected and received under any leases applicable to any period in which the Closing of Escrow occurs and any security deposits to which resort is proper under leases for an y period in which the Closing of Escrow occurs. Buyer agrees to send statements for delinquent rentals for a period of six (6) months but otherwise shall have no obligation to take any action or expend any funds with respect to any rentals or other charges under any such leases which are delinquent as of the Closing of Escrow. The first rents collected after the Close of Escrow from a tenant which is delinquent in the payment of rent or other charges under its lease as of the Closing of Escrow shall be applied first to the current rents and other charges under its lease then due for any period from and after the Closing of Escrow, and any remainder to rents and other charges under its lease delinquent as of the Close of Escrow. Seller shall retain all rights to receive such rents or other charges which are delinquent as of the Closing of Escrow for a period of twelve (12) months, and any amounts actually collected by Buyer which are applicable to such delinquent rents and other charges hereunder shall be r emitted to Seller upon Buyer’s receipt thereof. Buyer shall receive credit against the Purchase Price for the amount of all security deposits or prepaid rentals which are not prorated pursuant to the foregoing provisions of this subparagraph. Seller shal l have the right to collect any delinquent rentals or other charges due prior to the Closing of Escrow.

7.5 Closing Costs.

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Seller’s Initials: _____

Buyer’s Initials: _____

7.5.1 Buyer shall pay the cost of the survey, title commitment, title policy, and other title related costs, any and all costs related to its due diligence investigation, all clerk's and indexing fees and taxes on the deed, all costs of recording the deed, any other fees and costs as is customary in transactions of this size and type in Riverside County, California as well as any escrow or closing fee.

ARTICLE 8

REPRESENTATIONS AND WARRANTIES OF SELLER

Seller represents and warrants to Buyer, regardless of what investigations Buyer shall have made with respect thereto prior to the Closing of Escrow, that as of the Effective Date of this Agreement:

8.1 The execution and d elivery by Seller of, and Seller's performance under, this Agreement are within Seller's powers and have been duly authorized by all requisite action, and the person executing this Agreement on behalf of Seller has the authority to do so.

8.2 This Agreement constitutes the legal, valid and binding obligation of Seller enforceable in accordance with its terms. Performance of this Agreement by Seller will not result in a breach of, or constitute any default under, any agreement or instrument to which Selle r is a party or by which Seller and/or Property is bound.

8.3 Seller: (a) is not in receivership or dissolution; (b) has not made any assignment for the benefit of creditors; (c) has not admitted in writing its inability to pay its debts as they mature; (d) has not been adjudicated a bankrupt; (e) has not filed a petition in voluntary bankruptcy, a petition or answer seeking reorganization or an arrangement with creditors under the Federal Bankruptcy Law or any other similar law or statute of the United States or any state; and (f) does not have any such petition described in subsection (e) filed against Seller.

8.4 Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of 1986 (i.e., Seller is not a non-resident alien, foreign corporation, foreign partnership, foreign trust or foreign estate, as those terms are defined in the Internal Revenue Code and regulations promulgated thereunder).

8.5 There are no material claims, actions, suits or proceedings, nor any order, decree or judgment, in law or in equity: (a) in effect against or affecting the Property; nor (b) threatened or contemplated against or affecting the Property.

8.6 No outstanding written notices of the violation of laws, ordinances, orders, requirements or regulations of Applicable Agencies related to the Property have been received by Seller.

8.7 To the best of Seller’s knowledge, before and during the period of Seller’s ownership of the Real Property, no Hazardous Materials (as hereinafter def ined) are or have been installed or stored in, or otherwise existing at, on, in or under, the Real Property, except for the safe and lawful use and storage by Seller of quantities of Hazardous Materials in accordance with Environmental Laws (as pc

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Seller’s Initials: _____

Buyer’s Initials: _____

hereinafter defined). As used in this Agreement: (a) “ Hazardous Materials” means any hazardous, toxic or dangerous waste, substance or material, pollutant or contaminant under the Environmental Laws; and (b) “ Environmental Laws ” means (i) the Comprehensive Environme ntal Response, Compensation and Liability Act of 1980 (42 U.S.C. Sections 9601, et seq. ), as amended, (ii) the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901, et seq.), as amended, and (iii) any other law, ordinance or regulation of any Ap plicable Agency applicable to the Real Property relating to industrial hygiene or environmental conditions.

8.8 No person or entity has any right or option to purchase the Property or any portion thereof except for Buyer under this Agreement.

8.9 Except as otherwise may be disclosed in the Preliminary Title Report, no mechanics or material liens have been filed, or to the best of Seller’s knowledge, are threatened against the Real Property.

8.10 Except as set forth in the Materials, t here are no lease s, agreements or similar instruments affecting the Real Property which: (a) are in effect as of the Effective Date; or (b) will be in effect as of the Closing Date; or (c) will be in effect after the Closing Date.

8.11 Unless otherwise requested by Buyer in writing, Seller shall perform and discharge promptly when due all of its covenants and obligations under any contracts, leases, promissory notes or other debt agreements, and all other agreements binding on Seller with respect to the Property at the Closing of Escrow. Seller and Buyer shall have no liability for obligations under such leases or contracts after the Closing of Escrow.

8.12 To best of Seller’s knowledge, there are no existing, proposed or contemplated eminent domain proceedings that would affect the Property in any way whatsoever.

8.13 To the best of Seller’s knowledge, the Property is not in violation of any state, federal, or local laws, ordinances, codes or regulations, including, without limitation, those relating to wetlands, open space and plant and animal life.

ARTICLE 9

REPRESENTATIONS OF BUYER

Buyer represents to Seller that, as of the Effective Date of this Agreement:

9.1 The execution and delivery by Buyer of, and Buyer ’s performance under, this Agreement are within Buyer’s powers and have been duly a uthorized by all requisite action, and the person executing this Agreement on behalf of Buyer has the authority to do so.

9.2 This Agreement constitutes the legal, valid and binding obligation of Buyer enforceable in accordance with its terms.

9.3 Performance of this Agreement will not result in any breach of, or constitute any default under, any agreement or other instrument to which Buyer is a party or by which Buyer might be bound.

9.4 Buyer: (a) is not in receivership or dissolution; (b) has not made any assignment for the benefit of creditors; (c) has not admitted in writing its inability to pay its debts as they mature; pc

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Seller’s Initials: _____

Buyer’s Initials: _____

(d) has not been adjudicated a bankrupt; © has not filed a petition in voluntary bankruptcy, a petition or answer seeking reorganization, or an arrangement with creditors under the Federal Bankruptcy Law or any similar law or statute of the United States and any state; and (f) does not have any such petition described in subsecti©(e) filed against Buyer.

ARTICLE 10
OPERATION OF THE PROPERTY DURING THE ESCROW PERIODError! Bookmark not defined.

Error! Bookmark not defined. During the period commencing on the Effective Date and concluding on the earlier to occur of: (a) the Closing Date; or (b) termination of this Agreement (the “Escrow Period”):

10.1 Seller shall: (a) maintain the Property in its current condition, subject to normal wear and tear and (b) not take any action or omission which would cause any of the representations or warranties of Seller contained herein to become inaccurate or any of t he covenants of Seller to be breached.

10.2 Without the prior written approval of Buyer in each instance, which Buyer can approve, conditionally approve or deny in Buyer’s sole business judgment: (a) Seller will not enter into or amend any lease or other contract or agreement that will be an obligation affecting the Property or binding on the Buyer after the Closing; or (b) make any material alterations to the Property’ or (c) remove or otherwise dispose of any Personal Property; or (d) enter into or ame nd any service, maintenance or other contracts relating to the Property unless such contracts may be terminated without penalty on not more than thirty (30) days prior notice. Seller shall terminate as of the Closing of Escrow such contracts as Buyer requests in writing during the Due Diligence Period or Escrow Period, and any remaining contracts shall be assigned to Buyer (to the extent assignable) as of the Closing of Escrow.

10.3 Seller will not: (a) solicit or make or accept any back-up offers to sell the Property or any portion thereof; (b) engage in any discussions or negotiations with any third party with respect to the sale or other disposition of t he Property or any portion thereof; or (c) enter into any contracts or agreements, whether binding or not, regarding any disposition of the Property or any portion thereof; or (d) sell or transfer or encumber any part of the Property, or any interest therein.

10.4 Without the prior written approval of Buyer in each instance, Seller shall not: (a) file any new applications with the Applicable Agencies for any Planning Approvals; or (b) file any application or take any action to amend, modify or terminate any Existing Permits.

10.5 Seller shall have the continuing obligation during the Escrow Period to provide Buyer with any document that constitutes a Property Information Document which comes into Seller’s possession or is produced by Seller after the ini tial delivery of the Property Information Documents.

Property Information Documents are any documents and any information that have any material and immaterial affect on the Real Property or any of the Property directly and indirectly.

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Seller’s Initials: _____

Buyer’s Initials: _____

ARTICLE 11

CONDEMNATION, DAMAGE, OR DESTRUCTION

Prior to the Closing of Escrow and promptly upon obtaining knowledge of the institution of the proceedings for the condemnation, or any occurrence of destruction or damage or loss of any part of the Property and/or Personal Property from any cause whatsoever, including but not limited to, any fire, flood, accident or other casualty, Seller or Buyer will notify the other of such condemnation proceedings or destruction or loss of Property. In such event the Buyer, at its sol e discretion, shall have the right, exercisable by delivering written notice to Seller or Escrow Holder within ten (10) days after the determination thereof, to either (a) terminate this agreement; or (b) accept the Property in its then condition and proceed with the Closing of Escrow in accordance with this Agreement, in which case Seller shall assign to Buyer the right to any and all insurance proceeds or condemnation awards recoverable as a result of such event. Buyer’s failure to deliver such notice within the time period specified shall be deemed to constitute Buyer’s election to terminate this Agreement. In the event that this Agreement is terminated pursuant to condemnation, destruction, damage, or loss, then:
(a) except for the obligations set for th in Sections 3.2.2(d) and 12.2, neither Seller nor Buyer shall thereafter have any rights or obligations under this Agreement; (b) Escrow shall be cancelled; and (c) the Deposit shall be returned to Buyer by Escrow Holder, together with any interest earned or accrued thereon. Seller and Buyer agree to promptly execute any documents reasonably requested by the other party or Escrow Holder to evidence the termination of this Agreement and the cancellation of Escrow.

ARTICLE 12

REAL ESTATE COMMISSIONS

12.1 Broker. Seller and Purchaser warrant to each other that they have had no dealings with any broker or agent in connection with the Property except for Seller’s broker, Scott Forest of Westminster Commercial, and Purchaser’s broker, Michael Perciful of SoCal Realtor s & Associates.

Seller shall pay a commission to Seller’s broker at Seller’s sole cost and expense pursuant to a separate agreement. Purchaser shall pay a commission to Purchaser’s broker at Purchaser’s sole cost and expense pursuant to a separate agreement. Each party agrees to indemnify, defend and hold the other party harmless from any cost, expense, or liability for any compensation, commission, or charges claimed by any real estate broker, or agent, other than those named above, with respect to the Purchase Agreement or the negotiation of the Purchase Agreement.

ARTICLE 13

REMEDIES

13.1 Liquidated Damages for Breach by Buyer. IN THE EVENT THAT THE CLOSING

SHALL NOT OCCUR AS A RESULT OF A DEFAULT BY BUYER IN THE PERFORMANCE OF

ITS OBLIGATIONS HEREUNDER, THEN SELLER, AS ITS SOLE AND EXCLUSIVE REMEDY,

MAY TERMINATE THIS AGREEMENT BY NOTIFYING BUYER THEREOF AND RECEIVE OR RETAIN TH E DEPOSITS AS LIQUIDATED DAMAGES. THE PARTIES AGREE THAT SELLER WILL SUFFER DAMAGES IN THE EVENT OF BUYER’S DEFAULT ON ITS OBLIGATIONS UNDER THIS AGREEMENT. ALTHOUGH THE AMOUNT OF SUCH

DAMAGES IS DIFFICULT OR IMPOSSIBLE TO DETERMINE, THE PARTIES AGREE TH AT THE AMOUNT OF THE DEPOSIT IS A REASONABLE ESTIMATE OF SELLER’S LOSS IN THE EVENT OF BUYER’S DEFAULT. ACCORDINGLY, SELLER SHALL ACCEPT AND RETAIN

THE DEPOSIT AS ITS LIQUIDATED DAMAGES, AND SUCH LIQUIDATED DAMAGES pc

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Seller’s Initials: _____

Buyer’s Initials: _____

SHALL CONSTITUTE SELLER’S SOLE AND EXCLU SIVE REMEDY. IN CONSIDERATION

OF SELLER RECEIVING THE LIQUIDATED DAMAGES, SELLER WILL BE DEEMED TO HAVE WAIVED ALL OF ITS CLAIMS AGAINST BUYER FOR DAMAGES.

SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND
UNDERSTAND THE PROVISIONS OF THIS SECTION 13 .1 AND BY THEIR SIGNATURES

IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS
"Seller"

CITY OF HEMET
a California municipal corporation

By: ___________________________

Its: ____________________________
"Buyer"

SAGE STETSON HEMET LLC a California
limited liability company

By: ___________________________

Its: ____________________________

13.2 Buyer's Remedy . In the event of a default by Seller in the performance of its obligations under this Agreement, Buyer shall have the right to:

13.2.1 Terminate this Agreement, in which case: (a) this Agreement shall be terminated and cancelled and, except for the obligations set forth in Section 3.2.2(d), neither Seller nor Buyer shall thereafter have any rights or obligations under this Agreement; (b) Escrow shall be cancelled; and (c) the Deposit shall be returned to Buyer, together with any interest earned or accrued thereon;

13.2.2 Proceed to Closing, reserving all rights and remedies available to Buyer under this Agreement, at law or in equity, related to Seller’s default; or

13.2.3 Commence legal action to enforce all rights and remedies available to Buyer under this Agreement, at law or in equity, i ncluding, without limitation, the right to seek monetary damages, injunctive relief and specific performance.

ARTICLE 14

GENERAL PROVISIONS

14.1 Notices.

Manager
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PURCHASE AGREEMENT

Seller’s Initials: _____

Buyer’s Initials: _____

14.1.1 All notices, statements, demands, consents and other communications (the "Notices") required or permitted to be given by any party to another party pursuant to this Agreement or pursuant to any applicable law or requirement of public authority shall be properly given only if the Notice is: (a) made in writing (whether or not so stated elsewhere in this Agreement); (b) given by one of the methods prescribed in Section 14.1.2; and (c) sent to the party to which it is addressed at the address set forth below or at such other address as such party may hereafter specify by at least five (5) calendar days' prior written notice:

If to Seller:

With a copy to:

Steven Graham, City Attorney
2855 East Guasti Road, Suite 402
Ontario, CA 91761

CITY OF HEMET
ATTN: Eddie Pust, Interim City Manager
445 E. Florida Avenue
Hemet, CA 92543

If to Buyer:

with a copy to:

SAGE INVESTCO, LLC
ATTN: Patrick Charriou
4340 Von Karman Ave., Suite #110
Newport Beach, California 92660
Email: [email protected]
Corfield Feld LLP
30320 Rancho Viejo Road, Suite 101
San Juan Capistrano, CA 92675
Attention: Richard Feld
Telephone: (949) 218-7812
Facsimile: (949) 218-7815
[email protected]

14.1.2 Notices may be either: (a) delivered by hand; (b) delivered by a nationally recognized overnight courier which maintains evidence of receipt; (c) electronic mail; or (d ) sent by facsimile transmission with a confirmation copy delivered the following day by a nationally recognized overnight courier which maintains evidence of receipt. Notices shall be effective on the date of receipt.

If any Notice is not received or cannot be delivered due to a change in address of the receiving party, of which notice was not properly given to the sending party, or due to a refusal to accept by the receiving party, such Notice shall be effective on the date delivery is attempted.

14.2 Cooperation in Section 1031 Exchange . In the event that either Buyer or Seller (the “Exchanging Party”) desires to acquire or dispose of the Property through a tax -deferred exchange that qualifies for non -recognition of gain under Section 1031 of the Internal Revenue Code (the “Exchange”), the other party to this Agreement (the “Non-Exchanging Party”) shall cooperate with the Exchanging Party in attempting to effectuate such Exchange, including, but not limited to, the pc

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Seller’s Initials: _____

Buyer’s Initials: _____

execution of such documentation as may be reasonably necessary to effect such Exchange, provided that: (a) the Non -Exchanging Party shall not incur any additional liability in connection with the Exchange; (b) the Non-Exchanging Party shall not be obligated to take title to any real property other than the Property; (c) the scheduled Closing Date shall not be extended as a re sult of the Exchange without the prior written consent of the Non -Exchanging Party; and (d) any additional costs and charges attributable to the Exchange, including, but not limited to, attorneys’ fees, brokers’ commissions and other transaction-related expenses shall be paid for by Exchanging Party. Buyer and Seller further agree that the Exchanging Party may substitute an intermediary (the “Intermediary”) to act in place of the Exchanging Party under this Agreement. The Non -Exchanging Party agrees to accept all required performance from the Intermediary and to render its performance of all of its obligations to the Intermediary. The Non -Exchanging Party agrees that performance by the Intermediary will be treated as performance by the Exchanging Party. The Exchanging Party shall unconditionally guarantee the full and timely performance by Intermediary of each and every one of the representations, warranties, covenants, indemnities, obligations and undertakings of the Exchanging Party. As guarantor, the Exchanging Party shall be treated as a primary obligor with respect to these representations, warranties, covenants, indemnities, obligations and undertakings, and, in the event of breach, the Non-Exchanging Party may proceed directly against the Exchanging Party, subject to the terms and conditions of this Agreement, on this guarantee without the need to join the Intermediary as a party to any action against the Exchanging Party. In the event of the breach of any representations, warranties, covenants, ob ligations and undertakings by the Exchanging Party or the Intermediary, the exclusive recourse of the Non -Exchanging Party shall be against the Exchanging Party in accordance with the terms of this Agreement and the Non -Exchanging Party shall have no recourse of any type against the Intermediary arising from this transaction.

14.3 Assignment. Buyer shall have the right to assign all of its interest in this Agreement without the prior written consent of Seller, provided that all of the following conditio ns are satisfied:
(a) the proposed assignee (the "Buyer Assignee") is a legal person or entity which was formed and is operating under laws of one of the United States; (b) Buyer delivers to Seller a written notice of the proposed assignment to the Buyer Assignee no less than five (5) business days prio r to the scheduled Closing Date and (c) Buyer Assignee agrees in writing to assume all of the obligations of Buyer under this Agreement. Seller agrees to timely cooperate with Buyer and Buyer Assignee to suc cessfully assign any interest of this Agreement.

14.4 Attorneys' Fees and Legal Expenses. Should either party hereto institute any action or proceeding in court to enforce any provision hereof or for damages by reason of any alleged breach of any prov ision of this Agreement or for any other remedy, the prevailing party shall be entitled to receive from the losing party all reasonable attorneys' fees and all court and/or arbitration costs in connection with said proceeding. The attorneys' fees award shall not be computed in accordance with any court fee schedule, but shall be calculated to fully reimburse all attorneys' fees reasonably incurred.

In addition to the foregoing reimbursement of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit on this Agreement shall be entitled to its reasonable attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This attorneys’ fees provision is separate and several and shall survive the merger of this Agreement into any judgment.

14.5 Reporting of Foreign Investment. Seller and Buyer agree: (a) to comply with any and all reporting requirements applicable to the transaction that is the subject of this Agreement which are set forth in any law, statute, ordinance, rule, regulation, order or determination of any Applicable Agency, including, but not limited to, the Foreign Investment in Real Property Tax Act of 1980, the pc