Hemet City Council
September 12, 2023

16.B

services for the months of July 2023, August 2023 and September 2023, at a flat monthly rate of $83,261.00, a total extension cost of $249,783.00 for the specified three months.

This extension agreement allowed City staff to further discuss with County of Riverside Animal Control Services. The City has been engaged in discussions with the County of Riverside regarding the transition of animal care services from RHS to the County beginning October 1, 2023. This information was presented to City Council for consideration at the July 25, 2023 City Council meeting.

ANALYSIS:

RHS will no longer provide any type of animal services such as animal control enforcement and sheltering which is necessary to protect the health, safety and welfare of animals and residents in the City of Hemet.

City staff explored different solutions to animal services for the City and found the best option available for animal control and sheltering services to be the County of Riverside Department of Animal Services.

The City has been engaged in discussions with the County of Riverside regarding the transition of animal care services from RHS to the County, beginning October 1, 2023. This information was presented to City Council for consideration at the July 25, 2023 City Council meeting.

The County of Riverside Department of Animal Services has provided a proposal for services to the City of Hemet. The proposal includes animal field and shelter services, along with additional services upon the City's request.

In order for the County to provide the full scope of services to the City in this agreement, the City, within six (6) months following the effective date of this agreement with the County of Riverside (October 1, 2023), will adopt the language of the regulations, provisions and rates found in Riverside County Ordinance Nos. 534 and 630 codified as Riverside County Code of Ordinances Title 6-Animals.

The County of Riverside Department of Animal Services has the experience and personnel to provide shelter and field services for the residents of the City of Hemet and their animals.

DISCUSSION:

The agreement for animal control field services and shelter services between the City of Hemet and the County of Riverside will commence October 1, 2023, and conclude on June 30, 2024. The City will have the opportunity to continue future services after the conclusion of this agreement, under new negotiated terms and conditions.

The City of Hemet will be billed on a monthly billing and accounting cycle based on the fees established by the City's Master Fee Schedule, which may be amended occasionally, and the County Board of Supervisors' fee schedule, which may be amended occasionally.

The following field and shelter services are the cost breakdown for animal services requested. The projected cost shall be based on a monthly estimate because services provided will be during a nine (9) month period from October 1, 2023, through June 30, 2024. The estimated cost for the nine (9) month period will be $805,761.00.

Field and Shelter Services Estimate

16.B

Service Quantity Cost Annually Monthly
Full Time Animal
Control Officer 1 $273,124.80 ea. $273,124.80 $22,760.40 Estimated
Overtime* 252 $170.15/hour $42,878 $3,573
Animal Sheltering 2,570 $34.10/day x 8-
day avg. $701,096 $58,424
O&M 2,570 $10.86/impound $27,910 $2,326
License
Processing*** 2,586 $11.35 per license $29,351 $2,446
Total Estimated
Cost** $1,074,395/FY $89,529/month
Six (6) Month Evaluation in Officer Support:

At six (6) months of services, the County will evaluate the City's activity level. If the activity level is more than 750 animals impounded, it would trigger the need for a second officer to assist with the call volume.

The possible projected cost increase shall be based on a monthly estimate and will be based on three (3) months left on the nine (9) month service agreement. If the activity level increases and the trigger is activated, the cost for the increase for the remaining three (3) months will be an additional $68,281.20. This would increase the service agreement contract from $805,761.00 to $874,042.20.

Full Time Animal
Control Officer 6
Months (See
increased Officer
Support StipulationExhibit A-Section 5.7)
1 $136,563.50 ea. $1,210,958 $22,760.40
Total Estimated
Cost $1,210,958 $112,289/month
All Service Costs and Optional Services are listed in the attached service agreement under Exhibit C Payment Provisions.

PREVIOUS COUNCIL ACTION:

City Council previously approved the extension of services with RHS for the months of July 2023, August 2023 and September 2023, to finalize contract negotiation with Riverside County Department of Animal Services and approval of the County Board of Supervisors.

This also allowed the City staff to revisit and update animal service fees and provide notification to City residents regarding the change in animal services.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

16.B

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The budget for Animal Regulation services was included in the FY 2023-2024 proposed budget in the amount of $1,200,000. The three (3) month extension for RHS to continue services costs a total of $249,783.00. This would leave a balance of $950,217, which would cover the service cost of $874,042.20 and any optional costs under the service agreement.

ALTERNATIVE(S):

It is important to note that City staff were unable to secure any other options for animal services in the valley. City Council may choose not to approve the Agreement for Animal Services between the City of Hemet and Riverside County. City Council can also provide alternate direction for staff.

ATTACHMENT(S):

Animal Regulation Services
City of Hemet Animal Services Agreement_Revised_9.8.23
City of Hemet Presentation

16.B

CITY OF HEMET RESOLUTION NO. 2023-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT FOR ANIMAL

REGULATION SERVICES, BETWEEN THE CITY OF
HEMET AND COUNTY OF RIVERSIDE. AUTHORIZING

THE CITY MANAGER TO APPROVE ALL DOCUMENTS

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

WHEREAS, the City of Hemet (“City”) has been engaged in animal control and sheltering services through an agreement with Ramona Humane Society (“RHS”) for the past several years.

WHEREAS, RHS informed the City they will be moving away from animal control services and enforcement duties. RHS agreed to a contract extension with the City for a period of three months, July 2023, August 2023 and September 2023, at a flat monthly rate of $83,261.00, a total contract extension cost of $249,783.00 WHEREAS, the City staff explored different solutions for animal services for the City and found the best option available for animal control and sheltering services is the County of Riverside, Department of Animal Services.

WHEREAS, The City has been engaged in discussions with the County of Riverside regarding the transition of animal care services from RHS to the County, beginning October 1, 2023. This information was presented to City Council for consideration at the July 25, 2023 City Council meeting.

16.B

CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, the City, within six (6) months following the effective date of the Agreement, shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534 and 630 codified as Riverside County Code of Ordinances Title 6-Animals.

WHEREAS, the City shall amend it's municipal code when the County of Riverside amends its Animal Control Ordinances, from time to time, in order for the County of Riverside to provide the full scope of services to the City in this Agreement.

WHEREAS, The County of Riverside, Department of Animal Services has provided a proposal for services to the City of Hemet. The proposal includes animal field and shelter services, along with additional services upon the City's request.

WHEREAS, the projected cost for animal field and shelter services is estimated at $874,042.20 during the nine (9) month period, from October 1, 2023 through June 30, 2024.

WHEREAS, the City will have the opportunity to continue future services after the conclusion of this agreement, under new negotiated terms and conditions agreed upon between the City and the County of Riverside.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:

SECTION 1. FINDS - The recitals set forth above are hereby adopted as findings in support of this Resolution.

SECTION 2. DETERMINES – Approves the Agreement for Animal Regulation Services between the City of Hemet and the County of Riverside and waives the procurement process.

SECTION 3. ORDERS – Authorizes the City Manager to execute all documents related to this agreement.

16.B

CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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SECTION 4. RESOLVES - This Resolution shall become effective upon its adoption and effective date of service agreement on October 1, 2023.

16.B

CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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PASSED, APPROVED AND ADOPTED this XXth day of Month, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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 XXth day of MONTH, 2023, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

16.B

AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES

BETWEEN THE CITY OF HEMET AND THE COUNTY OF RIVERSIDE

THIS AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES (“Agreement”) is made and entered into by and between the CITY OF HEMET, a municipal corporation (“CITY”), and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”), collectively referred to as “PARTIES” and individually as a “PARTY”, on terms and provisions set forth below.

RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal control field and shelter services for the purpose of safeguarding the health and safety of CITY’s population and the health and safety of its domestic animals;
WHEREAS, CITY desires to promote the humane treatment of animals; WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter into a contract with CITY for the provision of such services subject to the terms and conditions for compensation as hereinafter set forth; and
NOW, THEREFORE, for and in consideration of the mutual covenants, conditions and advantages herein stated, the Parties hereto agree as follows:

SECTION I. OBLIGATIONS OF PARTIES
A. Recitals:

1. The aforementioned Recitals are true and correct and incorporated herein by this reference.

B. County Obligations:

1. CITY hereby retains COUNTY and COUNTY hereby agrees to operate an animal control field and shelter services program for CITY within the corporate limits of the City of Hemet for compensation and subject to the terms and conditions set forth herein. COUNTY shall provide all services as outlined and specified in Exhibit A, Scope of Animal Control Field Services, and Exhibit B, Scope of Animal Shelter Services (“Shelter”), attached hereto and incorporated herein by this reference.

C. City Obligations:

1. CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in Section III., Compensation, and Exhibit C, Payment Provisions, attached hereto and incorporated herein by this reference.

2. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising under the services provided in this Agreement. COUNTY shall cooperate with CITY in making available such COUNTY animal control service employees for such, if necessary, for providing testimony and/or information.

16.B

3. In order for COUNTY to provide the full scope of services to CITY under this Agreement, within six (6) months following the Effective Date of this Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534 and 630 codified as Riverside County Code of Ordinances Title 6-Animals, and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time. CITY will revise its municipal code with 60 days of the COUNTY’s notification. COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes.

Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.

SECTION II. PERIOD OF PERFORMANCE (“TERM”)
The Effective Date of this Agreement shall be October 1, 2023, and shall terminate on June 30, 2024, unless terminated earlier as provided herein under Section 8, Termination. Any extension or renewal of this Agreement will require subsequent action by the City Council and County Board of Supervisors.

SECTION III. COMPENSATION
CITY shall reimburse COUNTY for the services performed and the expenses incurred in accordance with the terms of Exhibit C, Payment Provisions, attached hereto and incorporated herein by this reference, subject to any applicable rate changes adopted by COUNTY’s Board of Supervisors. Prior to any applicable rate changes by COUNTY’s Board of Supervisors during the Term of this Agreement, COUNTY shall notify CITY in writing sixty (60) days prior to the adoption of any rate changes effecting CITY’s residents. COUNTY shall notify CITY of possible overages above the budgeted overtime costs set forth in Exhibit C in advance of any expenditure and obtain CITY’s written consent. If COUNTY does not obtain prior written consent, COUNTY shall bear the cost of any overages of overtime incurred over the budgeted amount of $100,000.

SECTION IV. AVAILABILITY OF FUNDING
The obligation of the CITY is limited by and contingent upon the availability of CITY funds for the reimbursement of COUNTY’s costs. In the event that such funds are not forthcoming for any reason, CITY shall notify COUNTY in writing within five (5) business days. COUNTY shall be entitled to reimbursement of costs for work performed, in accordance with Exhibit C.

SECTION V. HOLD HARMLESS/INDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement.

CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action

16.B

or claim or action based upon such alleged acts or omissions.

B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein. CITY’s obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

C. COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, City Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not. limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, City Council, elected and appointed officials, employees, agents, and representatives in any such action or claim or action based upon such alleged acts or omissions.

D. With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY's indemnification to CITY as set forth herein. COUNTY'S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at COUNTY's expense, for the defense or settlement thereof. COUNTY's obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

E. The specified insurance limits required in this Agreement shall in no way limit a PARTY's obligations to indemnify and hold harmless the other PARTY herein from third party claims.

F. Solely for the purpose of applying the indemnity and hold harmless obligations of the PARTIES pursuant to paragraphs of this Section V, COUNTY Animal Control service employees shall not be deemed to be officials, employees, subcontractors, agents, or representatives of the City, but shall be employees of the COUNTY.

SECTION VI. INSURANCE
A. COUNTY agrees to maintain the following insurance coverage during the term of this Agreement and any extensions thereof:

16.B

1) Workers’ Compensation
The COUNTY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the CITY. Policy shall name the CITY as Additional Insureds. 2) Commercial General Liability
COUNTY shall maintain Commercial General Liability insurance coverage for claims which may arise from and out of COUNTY’s performance under this Agreement. Policy shall name the CITY as Additional Insured. Policy’s limit of liability shall not be less than [$2,000,000] per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
3) Vehicle Liability
COUNTY agrees to maintain automobile liability insurance for all owned, non-owned or hired vehicles so used by the COUNTY in an amount not less than [$1,000,000] per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two (2) times the occurrence limit.
4) General Insurance Provisions – All Lines
i. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A M BEST rating of not less than A:VIII (A:8) unless such requirements are waived, in writing, by the CITY. If the CITY waives a requirement for a particular insurer such a waiver is only valid for that specific insurer and only for one policy term. ii. COUNTY shall furnish the CITY with either 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, and 2) if requested to do so thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the City of Hemet prior to any modification, cancellation, expiration or reduction in coverage of such insurance. If COUNTY’s insurance carrier(s) policies do not meet the minimum notice requirement found herein, COUNTY shall cause COUNTY’s insurance carrier(s) to furnish a 30 days’ Notice of Cancellation Endorsement.
iii. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the CITY receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachment thereto evidencing coverage’s set forth herein and the insurance required herein is in full force and effect.

COUNTY shall not commence operations until the CITY has been furnished

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any and all other attachments as required in the Section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. iv. COUNTY shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.
v. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to the CITY.
vi. COUNTY agrees to notify CITY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

SECTION VII. TERMINATION
G. Either PARTY may terminate this Agreement, with or without cause, upon one hundred eighty (180) days advance written notice served upon the other PARTY stating the extent and effective date of termination.

H. Upon receipt of either PARTY of a notice of termination, COUNTY shall stop work under this Agreement on the date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for the services provided and expenses incurred to the date of termination in accordance with this Agreement.

SECTION VIII. FORCE MAJEURE
If either PARTY is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such PARTY shall not be held liable for such failure to comply, provided the other PARTY receives written notice of such force majeure event no later than thirty (30) days from the date such event commenced.

SECTION IX. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the PARTIES hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY’s City Council. Any amendments shall be presented to CITY’s City Manager prior to CITY’s City Council approval.

This Agreement, including any exhibits, constitutes the entire Agreement of the PARTIES with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.

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SECTION X. SEVERABILITY
Each paragraph or provision of this AGREEMENT is severable from each other provision. If any provision or part thereof in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions or part thereof will nevertheless continue in full force without being impaired or invalidated in any way.

SECTION XI. RECORDS
COUNTY shall maintain and keep records of all expenditures and obligations incurred pursuant to this Agreement and all income and fees received according to generally recognized accounting principles, COUNTY’s adopted records policies, and State law. Such records and/or animal control operations of COUNTY shall be open to inspection and audit by CITY or its authorized representative as is deemed necessary by the CITY’s City Manager, or designated representative, upon written notice to COUNTY.

SECTION XII. NO THIRD PARTY BENEFICIARY
This Agreement between CITY and COUNTY is intended for the mutual benefit of the two signing PARTIES only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.

SECTION XIII. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity, and veteran or military status in the performance of this Agreement; and, to the extent they shall be found to be applicable, COUNTY shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).

SECTION XIV. DISPUTE RESOLUTION AND VENUE
A. The Parties shall attempt to resolve any disputes amicably at a working level. If that is not successful, the dispute shall be referred to the senior management of the Parties.

B. Prior to filing any legal action related to this Agreement, the Parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The Parties shall share the cost of all mediation.

C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the Parties waive any and all provisions of law providing for a change of venue to another location.

SECTION XV. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part

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thereof nor any moneys due or to become due hereunder may be assigned by COUNTY without the prior written consent and approval of CITY. CITY and COUNTY hereby agree to the full performance of the covenants contained herein.

SECTION XVI. NOTICES
All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective PARTIES at the addresses set forth below, or to such other address(es) as the PARTIES may hereinafter designate in writing, and shall be deemed submitted two (2) days after their deposit in the United States Mail, postage prepaid:

COUNTY: CITY:

Department of Animal Services City of Hemet
Attention: Director Attention: City Manager
6851 Van Buren Boulevard 445 E Florida Avenue
Jurupa Valley, CA 92509 Hemet, CA 92543
SECTION XVII. CONTRACT PERFORMANCE
COUNTY’s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY’s City Manager, or designated representative.

SECTION XVIII. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.

SECTION XIX. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any Party of any breach or violation by another Party of any provision of this Agreement or of any right or remedy permitted the waiving Party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any Party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a Party shall not constitute a waiver of the right to pursue other available remedies.

SECTION XX. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each Party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another Party to this Agreement.

SECTION XXI. COOPERATION, FURTHER ACT
The Parties shall cooperate fully with one another and shall take any additional acts or sign any additional

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documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

[Intentionally Blank]
[Signatures on Following Page]

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IN WITNESS WHEREOF, the PARTIES hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY OF RIVERSIDE,
a political subdivision of the State of California
By: _ _______________________
Kevin Jeffries, Chairperson
Board of Supervisors
Dated:_________________

CITY OF HEMET,
a municipal corporation
By: _ _______________________
Joe Males
Mayor
Dated:_________________
ATTEST:

By: _ _______________________
Kimberly Rector
Clerk of the Board
ATTEST:

By: _ _______________________
John Maier
City Clerk
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By: _ _______________________
Bruce G. Fordon
Deputy County Counsel
APPROVED AS TO FORM:

Cole Huber, LLP
City Attorney
By: _ _______________________
Cole Huber, LLP
City Attorney

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CITY OF HEMET

EXHIBIT A

SCOPE OF ANIMAL CONTROL FIELD SERVICES
The County of Riverside (“COUNTY”), agrees to provide the following animal control field services for the City of Hemet (“CITY”):

1. Provision of Field Services: The Animal Control Field Services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in this Exhibit A below.

1.2 Impoundment: County shall impound all animals found at large and collect and retain such impound fees as established by COUNTY’s Board of Supervisors.

1.3 Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal in accordance with State law.

1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs or by suspected rabid or wild animals. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.5 Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the California Department of Public Health, and COUNTY policy.

1.6 Nuisance Animal Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referenced in Riverside County Ordinance 630, codified at Title 6 of the Riverside County Municipal Code (“Title 6”). CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.7 Dead Animals: Remove dead animals from the public right-of-way except in such cases where the animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State of California Department of Transportation by telephone, facsimile, email or other means.

1.8 Return of Impounded Animals: Encourage the return of any lost/stray animal (impounded by field personnel) to the rightful owner in the field, subject to the payment of impound fees.

1.9 Kennels and Catteries: COUNTY shall inspect and issue permits to operate dog kennels and catteries within CITY pursuant to Title 6 and collect fees in connection therewith.

1.10 Issuance of Warnings and Citations: Enforce all appropriate provisions of Riverside County Ordinances, codified at Title 6 of the Riverside County Municipal Code, as necessary, including the issuance of warning notices or citations, for violations of the provisions of said Code. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.11 Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY,

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in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as described in Section 5 below.

1.12 Complaints: The CITY and COUNTY shall designate a primary and alternate contact person for the purpose of addressing complaints. "Complaint" as used herein shall mean any dissatisfaction or problem in the performance of services under this contract. When a complaint is received that requires a response from either PARTY, the CITY and COUNTY representatives designated for addressing complaints shall meet and confer to investigate and address the complaint within a reasonable time period.

2. Shelter Care and Disposition Services: The COUNTY shall shelter CITY’s animals at the County Animal Shelter, or other COUNTY operated shelter at the COUNTY’s discretion.

3. Provision of Supplies, Vehicles and Radio Equipment: COUNTY shall provide animal control vehicle(s) and equip it with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. Vehicles shall be replaced at the COUNTY’s discretion. The COUNTY shall fuel and maintain said vehicles. County shall also provide all other supplies, medications, pharmaceuticals, and equipment necessary for the efficient and effective operation of animal control field services provided herein.

4. Missing or Stolen Animals: COUNTY shall file a report with the appropriate law enforcement agency within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

5. Priority of Field Services:

5.1 Definitions:

5.1.1 “Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of Title 6, related State law, and where applicable, County of Riverside Ordinances, and are assembled for expediency into two categories:

Emergency and Non-Emergency.

5.1.2 “Priority Ranking” refers to the order of priority with which a call will be handled. All calls shall go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is exceptional, as defined in Section 5.4 of this Exhibit A, it shall be referred to the supervisor for evaluation and processing.

5.1.3 “Regular Service Hours” are the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.

5.1.4 “Limited Service Hours” are the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on holidays.

5.1.5 “Holidays” are as those days as established by the COUNTY and the CITY wherein the CITY or COUNTY is closed for service on a day that would otherwise be a regular service day.

5.2 Field service activities shall be performed daily and are generally based on both the Priority Ranking and on Limited Service Hours. All calls involving imminent danger will be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited Service Hours and on Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering

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circumstances. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Hours which are of an emergent nature pursuant to this Exhibit A. Field service personnel shall be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.

5.3 Telephone service: The COUNTY shall answer all telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit A. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls.

Records of these calls shall be maintained for at least thirty (30) days. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and requires immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call back on the next business day during phone center operational hours. These calls then be scheduled for response in accordance with this Exhibit A.

5.4 Calls considered as Emergencies to be handled Without Delay:

5.4.1 Animals endangering health or safety of the community.

5.4.2 Police Department requests for service.

5.4.3 Sick or injured stray animals.

5.4.4 Animals in distress.

5.4.5 Humane investigations – life threatening. (Depending on immediate circumstance)

5.4.6 Venomous snakes

5.4.7 Dead animal removal, Summer months only between June 1 and August 31 during Regular Business Hours

5.5 Calls Considered as Non-Emergency to be handled during Regular Business Hours:

5.5.1 Pick-up confined, healthy, stray-animals.

5.5.2 Dead animal removal, between September 1 and May 31.

5.5.3 Quarantine investigations.

5.5.4 Leash law enforcement.

5.5.5 Nuisance animal investigations.

5.5.6 Permit investigations.

5.6 Exceptions:

The Director of Animal Control or the deputies of the Animal Control Director may, on a case-by-case basis, authorize variations of priority when circumstances require.

5.7 Increased Officer Support with Activity Level:

If at 6 months the activity level is more than 750 animals impounded, it would trigger the need for a second officer to assist with the call volume.

6. Quarterly Reports:

COUNTY shall furnish to the City Manager, or designee, quarterly and annual reports detailing field services provided that quarter. In addition, calls received by call center will be attached with the quarterly reports for review. No charge will be made for these materials. Upon reasonable notice to COUNTY, CITY may inspect any facility or records to verify the data contained in the reports.

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CITY OF HEMET

EXHIBIT B

SCOPE OF ANIMAL SHELTERING SERVICES
The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following Animal Shelter Services for the City of Hemet (“CITY”). All capitalized terms set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION

1. Shelter Location: The COUNTY shall maintain CITY’s animals at the San Jacinto Valley Animal Campus (“Shelter”), or other shelter operated by COUNTY at COUNTY’s discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) hour basis.

2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. “Animal Shelter Services” shall include the following activities and services:
a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually.
e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at the owner’s expense.
f. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal-by-animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit C, Payment Provisions. h. “Care” includes, but is not limited to providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.

2. “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared “vicious” or “potentially dangerous” under State and/or local laws shall be deemed unadoptable.

3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources,

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holding space, treatment and/or time. “Treatable” shall also mean an animal with behavioral conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc.

4. “Untreatable Animal” shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.

5. “Impounded Animal” shall include animals found running at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement.

6. “Seized Animal” shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determined justified or not, when exigent circumstances exist.

C. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein.

6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise owner identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time, and location where animal was found; method of euthanasia, and reason for use of method.

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8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid, or involved in a bite investigation.
a. Impoundments and Quarantines: COUNTY shall house, feed, and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

9. Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate. a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a caseby-case basis. Diversion programs will be offered to assist with pet retention. CITY shall direct their constituents to consult with COUNTY to surrender their pet. COUNTY will offer CITY’s constituents assistance through diversion programs.

10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate. CITY Animal Control Officers shall refer constituents requesting to surrender their animal to COUNTY for a diversion consultation. CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY.

11. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival at the Shelter.

Shelter staff shall make all attempts to notify owners within twenty-four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals to the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags, or research license numbers in an effort to reunite animals in the field.

14. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except during Limited Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a

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veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Establish unique identifier for the animal
g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an examination/assessment has been performed.

15. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

16. Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online.

17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition.

In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

18. Microchipping: In accordance with California Food and Agricultural (“F&A”) Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

19. Community Adoption Partners: COUNTY shall comply with F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.”

20. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

21. Community Cat Program (CCP): COUNTY shall determine a cat’s eligibility for the CCP. If it

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is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and eartipped.

Once the cat has recovered, the cat will be returned to place of origin.

22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary, and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision, and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

24. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

25. CITY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. LICENSE FEES (Section 2 of Riverside County Ordinance 630): Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

29. RABIES VACCINATION CERTIFICATE DATA: Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY’s website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY shall also provide an

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automated or manual verification system whereby owners can verify the status of their animal’s license by telephone.

30. COLLECTION OF LICENSE FEES: CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain $11.35 per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall remit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the total of $11.35 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in Section 3. Compensation. CITY shall be responsible for a one-time conversion fee for new data, which is estimated to cost the City approximately $10,000 - $20,000. This cost does not include the expected ongoing annual maintenance fee of approximately $1,000. entered into COUNTY’s licensing database.

D. COMPENSATION

1. Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $20 per animal, per day for horses and cattle, and $12 per animal, per day for swine, goats, and sheep in accordance with COUNTY’s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1-collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY’s current fee schedule.

3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and adoption of animals through its own educational outreach, and through its own social media pages. If requested by CITY, the daily flat rates for educational outreach events, vaccination clinics or spay/neuter clinics shall be billed based on actual outreach days specified in Exhibit C:
a. Vaccination or Spay/Neuter Clinic: The cost includes staff, vaccinations, and microchips, free to constituents with two hundred (200) animal cap per event for vaccination clinic OR thirty (30) animal cap per event for spay/neuter. The clinics are billed on actual use. b. Education Outreach Event: The cost to staff an outreach event for the purpose of educating CITY constituents. The outreach events are billed on actual use. //

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/
/
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CITY OF HEMET

EXHIBIT C

PAYMENT PROVISIONS
City of Hemet (“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by the CITY’s Master Fee Schedule, as amended from time to time, and COUNTY’s Board of Supervisors’ fee schedule, as amended from time to time; relative to the services to be performed under this Agreement as follows:

Field and Shelter Services Estimate
Service Quantity Cost Annually Monthly
Full Time Animal
Control Officer 1 $273,124.80 ea. $273,124.80 $22,760.40 Estimated Overtime* 252 $170.15/hour $42,878 $3,573
Animal Sheltering 2,570 $34.10/day x 8-day avg. $701,096 $58,424 O&M 2,570 $10.86/impound $27,910 $2,326
License Processing*** 2,586 $11.35 per license $29,351 $2,446 Total Estimated Cost** $1,074,360/FY $89,529/month
Full Time Animal
Control Officer 6
Months (See increased
Officer Support StipulationExhibit A-Section 5.7)
1 $136,563 ea. $136,563 $22,760.50
Total Estimated Cost $1,210,923 $112,289.50/month
* Overtime/stand-by field services $170.15 per hour (minimum call out of 2 hours). * Cost will fluctuate based on actual overtime, wildlife calls and deceased animal pickups. **Rates are subject to change as adopted by the Board of Supervisors, as specified in Section 3 of this Agreement.
***License processing cost may vary based on number of licenses sold. County shall retain $11.35 for each license sold, and remaining balance of license will be credited back to the City on a monthly basis.

Sheltering:

Animal Sheltering costs at the San Jacinto Valley Animal Campus is $34.10 per kenneling day, and it would be billed based on actual impounds. County shall provide the Cities with a monthly invoice that includes actual impound statistics. The invoice will detail the number of animals impounded and the total number of kenneling days, plus all other applicable fees.

Operational and Maintenance (O&M):

O&M is charged at $10.86 per stray dog or cat impound.

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Livestock and Other Impound Fees:

Large Animal Sheltering @ $20/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on actual use).

Large Animal Sheltering @ $12/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use).

Wildlife impound fee: $138 per impound
Deceased animal pickup fee: $70 per animal
Sweep***, 1 day (6 hours) $2,460 (by request of City), flat rate billed on actual use. ***Sweep: a planned large-scale enforcement action in response to a disproportionately high number of calls for service in a given area. Sweeps have been proven to effectively reduce the hazards associated the stray animals, including but not limited to, animal bites and traffic hazards.

Optional Services
Daily flat rates education outreach and shot clinics will be billed based on actual outreach days scheduled.

Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event.

Outreach event:
$3,000 per event flat rate billed on actual use**
(The cost to provide three (3) staff, 9 hours each, OT rates used due to limited staffing levels – supplemented by volunteers.)
Shot Clinic:
$3,000 per event flat rate billed actual use**
(The cost to provide three (3) clinic services staff and one veterinarian for 9 hours, to be billed based on actual usage as requested by City.)
**Rates are subject to change as adopted by the Board of Supervisors, as specified in Section 3 of this Agreement.

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Partnership with
The City of
Hemet

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Mission
Working together to improve Riverside
County for people and animals
Vision
Promoting an environment of responsible pet
ownership through progressive animal
welfare initiatives, community outreach, and
humane education ina culture of
compassion, creativity, and integrity.

Who We Are

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State of the
Art Facilities
All facilities constructed in last 20
years
Features include: • Clean and comfortable conditioned kennel systems (HVAC, Radiant Floors)
• Inside and outside access for dogs, with fresh air
and automatic watering systems
• Cat cubbies with blankets, beds and private
litterbox spaces

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Animal Control
The RCDAS animal control team is Humane Academy
Academy-
-
trained with PC 832 certification and provides
provides the following: • Return-to-Owner service in field • Pet support (fence repair, etc.) • Animal cruelty investigations • Emergency response

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Emergency
Response
RCDAS staff are trained and ready to respond during natural or man- made disasters. Services provided include: • Emergency animal sheltering for evacuees • Staging on-site at Incident Command • Rescue of animals from evacuation areas • Assistance for evacuees, including animal welfare checks at homes Riverside Emergency Animal Response System (REARS) • Help with large animal evacuation during emergencies • Receive department training

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Community Focused
Services
• Officers returning pets in the field
Reuniting pets
with families
• Assistance with fees -Grant and donation- funded
veterinary help
Healthy Pet Zone
Program Benefits
• Assist homeless individuals via outreach events in
cooperation with Housing and Workforce Solutions Homeless Outreach

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Licensing
• Reminder that all dogs age 4 months or older are required to be spay/neutered, vaccinated, microchipped and licensed.
• Purchase online; If pet owner cannot do it online, they can call and we will assist.

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Animal Care and
Enrichment
• Animals are free-fed a high-quality diet or fed based on special specifications provided by veterinary staff.
• Seventy percent of dogs are doubled up to improve sociability and provide companionship.
• Playgroups in groups of 3 to 20+ improve exercise capacity, social interaction.
• Agility yard is supported by Eagle Scout projects. • Riding with Rovers provides high drive dogs with an additional exercise outlet.
• Cats provided toys and interaction by volunteers.

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Focus on Life Saving
Adoptions
-Ensure adoption process is
streamlined and provides ease
of access for all.

Rescue
-Engages hundreds of non-
profit partners to save shelter
animals.

Foster
-Enlists community assistance
to temporarily house animals
and prepare them for adoption.

Pet Support
-Supporting the public with
resources to provide
alternatives to impound.

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Free Roaming
Cat Program
• RDCAS operates a free roaming cat program that addresses cat issues and saves lives.
• Free roaming cats are spay/neutered, vaccinated, microchipped, and returned to their community.
• Residents who need assistance are aided with • Traps • Deterrents to keep cats away if needed • Free spay/neuter of free roaming cats that eliminates unwanted cat behaviors such as yowling and spraying

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Clinic Services
Jurupa Valley and San Jacinto have full veterinary clinics on site. CVAC clinic is under construction. • Upon intake all animals are: • Examined by veterinary professionals • Checked for microchips and identification • Treated for injuries or ailments • Provided vaccinations • Public provided services include: • Spay/neuter • Vaccinations • Microchips • Wellness • Grant funded community support (Healthy Pet Zone)

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Other Services
Volunteering • Everyday opportunities • Customer service • Animal care • Help with adoptions • Dog walking and cat socialization
• Veterinary clinic • Special events and more! • Average of 950 volunteer hours per month
Pet Education • Participating in community
outreach events
• Activities at the shelter • Wellness clinics • Public messaging

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We Need Your
Support
We appreciate your leadership to
continue on the path of positive
outcomes for people and animals
Ways to Help:

Keep animals at home
Volunteer
Donate
Join our social media pages

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tori Roberts, Administrative Services Director;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

Report Back and Consideration of Further Measure U Oversight and Monitoring Options RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Discuss and provide direction to the City Manager regarding possible historical evaluation of compliance laws and regulations related to Measure U expenditures since inception (Hemet Ordinance No. 1918) and the implementing resolutions (Resolution Nos. 4703 & 4731).

BACKGROUND:

At the City Council Meeting of February 28, 2023, the Council requested the City Manager present options for the expenditure compliance of Measure U expenditures since inception in 2017, and options for enhancing the transparency of Measure U proceeds and expenditures (Hemet Ordinance No. 1918), and the implementing resolutions (Resolution Nos. 4703 & 4731).

DISCUSSION:

The City Manager and Administrative Services Director, a licensed Certified Public Accountant, have discussed options to evaluate the historical compliance with the enacted legislation and implemented resolution, as well as options to enhance the transparency of Measure U proceeds and expenditures.

Historical Compliance
Measure U, a General Transactions and Use Tax, was approved in November 2016. The City began receiving revenues in April 2017. While Measure U has been subject to external monitoring as part of the City's independent financial statement audit, in addition to the agreed upon procedures engagement over financial activity in Fiscal Year 2018-19 and 2019-20. The focus of this prior work included:

16.C

• A determination if selected revenue and expenditure transactions were recorded in accordance with Generally Accepted Accounting Principles (GAAP).
• A determination if expenditures were in accordance with (expended for intended purpose) the provision of the Measure U ordinance and implementing resolution (includes payroll, nonpayroll, and maintenance and operations).

Option 1 - Agreed Upon Procedures From Inception through June 30, 2023 This strategic and targeted evaluation would include the following:
• Develop an understanding of the approved voter enacted legislation, and implementing resolutions for Measure U and Measure H;
• Perform a specific evaluation of compliance with the intended revenue split between the Fire and Police Department budgets; and
• Compliance Evaluation Over Expenditures (include salary and benefits, purchase of goods and services over $5,000, transfers between the respective Measure U funds, and other City funds, if applicable).

Option 1 is estimated to cost $143,000. This cost of Option 1 could be reduced by limiting the scope to the immediately preceding three fiscal years.

Option 2 - Comprehensive Historical Evaluation for Fiscal Years 2020-21, 2021-22, and 2022- 23 Given the City's prior agreed upon procedures engagement in Fiscal Years 2018-19, and 2019-- 20, Option 2 would focus on all expenditures in the immediately preceding three fiscal years. The cost of this approach is estimated to be approximately $600,000.

Option 3 - Comprehensive Historical Evaluation
A comprehensive historical evaluation would perform a 100% evaluation by transaction evaluation for compliance with the implementing resolutions (line item review). Given the volume of transactions since 2017, it is estimated that such a review would cost in excess of $1.2 million. It is not likely to yield a statistically different outcome that an alternate agreed upon procedures engagement which focuses on transactions of a certain quantitative valuation (e.g. $5,000 or higher).

Transparency
The City Manager and Administrative Services Director recommend the following enhancements to the transparency of Measure U proceeds and expenditures:
• Posting of all expenditure detail reports for each fiscal year since inception on City's Measure U Citizen Oversight Committee webpage.
• Beginning in Fiscal Year 2023-24, publish and post a quarterly comparison of Measure U spending to date in comparison to the spending plan approved at beginning of the fiscal year. • Publish and post on website any report directed by the City Council from options presented above.

PREVIOUS COUNCIL ACTION:

16.C

None
STRATEGIC PLAN INTEGRATION:

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

Objective 2: Increase transparency for the public.

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

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

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

The cost associated with the options range from an estimated $143,000 to $1.2 million depending on the level of analysis. All options can be funded via Measure U Fund Balance. Some options presented may have an adverse effect on compliance with the 40% Reserve Requirement adopted by the City Council on June 27, 2023.

ATTACHMENT(S):

Attachment 1: Measure U PowerPoint Presentation

16.C

Hemet City Council
Measure
U Oversight, Monitoring
& Transparency
Administrative Services Department
September 12, 2023

16.C

Strategic Plan Integration
Organizational
Effectiveness
Community
Engagement
Select the Strategic Plan
objective that relates and
the related Action Item.
2

16.C

Follow up on Previous Council Direction
• February 28, 2023
• The Council requested the City Manager present options • Expenditure compliance of Measure U expenditures since inception in 2017
• Enhancing the transparency of Measure U proceeds and
expenditures (Hemet Ordinance No. 1918), and the implementing resolutions (Resolution Nos. 4703 & 4731). 3

16.C

4 • Local CPA firm engaged to perform limited assurance procedures, under the professional standards as an Agreed Upon Procedures Engagement (AUP) • Periods Covered:
• FYE June 30, 2019 and FYE June 30, 2020
• Procedure Focus
• Determine if selected revenue and expenditure transactions were recorded in accordance with Generally Accepted Accounting Principles (GAAP) • Determine if expenditures were in accordance with (expended for intended purpose) the provisions of the Measure U ordinance and implementing resolution. Includes: Payroll, nonpayroll, and maintenance and operations.

History of Assurance Services Provided

16.C

• Outcomes:
• No instances of noncompliance were identified, however, in the procedures performed over the activity related to FY 19-20, the firm did identify the $1.2 million of additional expenditures allocated to the Measure U fund, as approved by the City Council. • Included increases in compensation and benefit costs, which were absorbed by the general fund during the year, but were ultimately allocable to the Measure U fund.

History of Assurance Services Provided
5

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Options
6

16.C

Option 1 : Historical Evaluation
• Determine the Scope of the Monitoring
• Historical Lookback from FYE June 30, 2023 to inception of program• Activities to include • Develop an understanding of the approved voter enacted legislation, and implementing resolutions for Measure U and Measure H
• Perform a specific evaluation of compliance with the intended revenue split between the Fire and Police Department budgets
• Compliance Evaluation Over Expenditures
• Include salary and benefits• Purchase of goods and services• Transfers between the respective Measure U funds and other City funds, if applicable
• Expenditures for one time projects or activities outside of the normal ongoing appropriations.

MostDesirable
7

16.C

Option 1: Cost Estimate and Assumptions
8 Stage Hours
Planning 55
Fieldwork 500
Reporting and wrapup 60
Total Estimated Hours 615
Estimated Rate per hour 233 $
Estimated Cost for Proposed Scope 143,295 $

16.C

Option 2: Comprehensive Historical Evaluation
• Same as option one, except:
• Perform 100% evaluation by transaction evaluation for compliance with the implementing resolutions.
• Drastically increases level of effort• Approximately 5x-8x increase in the level of effort (per fiscal year covered)
• Potential Cost: Greater than $600 thousand• Is not likely to yield a different outcome For Fiscal years 2020-21, 2021-22, and 2022- 23 Only
9

16.C

Option 2: Cost Estimate and Assumptions
10 Stage Hours
Planning 60
Fieldwork 2,400
Reporting and wrapup 60
Total Estimated Hours 2,520
Estimated Rate per hour 233 $
Estimated Cost for Proposed Scope 587,160 $
For Fiscal years 2020-21, 2021-22, and 2022- 23 Only

16.C

Option 3: Comprehensive Historical Evaluation
• Same as option one, except:
• Perform 100% evaluation by transaction evaluation for compliance with the implementing resolutions.
• Drastically increases level of effort• Approximately 5x-8x increase in the level of effort • Potential Cost: Greater than $1.2 million• Is not likely to yield a different outcome 11 For all Fiscal Years from Inception through June 30, 2023

16.C

Option 3: Cost Estimate and Assumptions
12 For all Fiscal Years from Inception through June 30, 2023 Stage Hours
Planning 150
Fieldwork 4,900
Reporting and wrapup 120
Total Estimated Hours 5,170
Estimated Rate per hour 233 $
Estimated Cost for Proposed Scope 1,204,610 $

16.C

Enhancements to Transparency
• Posting of all expenditure detail reports for each fiscal year since inception on City's Measure U Citizen Oversight Committee webpage. • Beginning in Fiscal Year 2023-24, publish and post a quarterly comparison of Measure U spending to date in comparison to the spending plan approved at beginning of the fiscal year. • Publish and post on website any report directed by the City Council from options presented above. 13

16.C

Discussion
& Follow Up

16.C

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 12 2023
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:

An Ordinance of the City Council of the City of Hemet, California, Repealing Chapter 2, Article IV, Division 4, (Infrastructure Commission) and Chapter 2, Article IV, Division 5 (Planning Commission) to Transfer the Functions and Duties of the Infrastructure Commission to the Planning Commission RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Consider, discuss and take possible action on the Ordinance, an Ordinance of the City Council of the City of Hemet, California, Repealing Chapter 2, Article IV, Division 4, (Infrastructure Commission) and Chapter 2, Article IV, Division 5 (Planning Commission) to Transfer the Functions and Duties of the Infrastructure Commission to the Planning Commission including introducing by title only, waiving full reading, and directing the City Clerk to place the Ordinance for adoption on the next available regular City Council meeting agenda.

BACKGROUND:

The Mayor requested that this item appear on the City Council agenda for September 12, 2023.

The Infrastructure Commission was established by the City Council in 2019 by Ordinance No. 1958 for the purpose of providing advice and recommendations to the City Council, and as appropriate, to the Planning Commission, Public Works Department and Community Development Department. The Commission was intended to periodically review and provide comments regarding public facilities and works of improvement that are planned by the City, including city parks, open space and other recreational or community facilities, city capital improvement projects, city buildings, facilities, the city's street system, city trees, as well as master plans and similar plans proposed by the city related to such public facilities and works of improvement.

The Infrastructure Commission's specific duties are listed in detail under Hemet Municipal Code Section 2-224 (attached). The Commission generally meets every other month (about six times per year) to accomplish their assigned duties.

16.D

ANALYSIS:

The Ordinance, if adopted, would dissolve the Infrastructure Commission and assign certain listed duties to the Planning Commission, including:
(1) Review as necessary and make recommendations to city council in the development of municipal facility master plans, whether related to infrastructure improvements, parks, or roadways, and similar plans of the city or regional plans (e.g., from WRCOG, RCTC, or SCAG) that will affect the city. (2) Review as necessary vehicular and pedestrian safety measures, including without limitation, the provision of safe routes for pedestrians including disabled persons, city compliance programs related to right-of-way improvements required under the Americans with Disabilities Act and the department of transportation, and related safety measures.
(3) Review as necessary, the goals and implementation measures of the circulation element of the general plan and assist city staff in recommending priority projects to the city council. (4) Serve as the city's tree board.
(5) Review as necessary the community's need and standards of care for new parks, open space and recreational facilities as well as the design, development and location of new parks and recreational facilities and landscaping.
(6) Perform such other duties as may be assigned by the city council from time to time.

DISCUSSION:

The balance of the duties currently assigned to the Commission would be accomplished by City staff, City Council, other Commissions or City Council ad hoc committees as appropriate. For example, the Commission was previously assigned to review the City's Capital Improvement Plan (CIP) on an annual basis. The CIP must also, under state law, be reviewed and approved by the Planning Commission and City Council. Removing the item from the list will result in those bodies continuing to perform the review and approval function.

The amended ordinance would also vacate the seats of the Planning Commission upon the effective date of the ordinance, allowing the City Council to appoint, or reappoint, such persons as a majority of the entire City Council determine best
PREVIOUS COUNCIL ACTION:

Ord. No. 1958 adopted June 25, 2019, repealed the former division 4, §§ 2-221—2-228, and enacted a new division 4. The former division 4 pertained to the park commission and derived from Ord. No. 380.

STRATEGIC PLAN INTEGRATION:

16.D

GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

Objective 1: Develop business practices that welcome new development by streamlining processes.

Objective 2: Provide resources for new businesses to enhance the customer service experience.

FISCAL IMPACT:

None.

ALTERNATIVE(S):

The City Council could take no action.

ATTACHMENT(S):

Attachment 1: Ordinance Repealing IC, Powers to PC (Clean) v2 Attachment 2: DIVISION_4.___INFRASTRUCTURE_COMMISSION(1)

16.D

CITY COUNCIL ORDINANCE NO. 2023-xxx

CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2023-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF HEMET REPEALING CHAPTER 2,
ARTICLE IV, DIVISION 4, (INFRASTRUCTURE
COMMISSION) AND CHAPTER 2, ARTICLE IV,
DIVISION 5 (PLANNING COMMISSION) TO

TRANSFER THE FUNCTIONS AND DUTIES OF THE

INFRASTRUCTURE COMMISSION TO THE

PLANNING COMMISSION
WHEREAS, the City of Hemet, California (“City”) is a
municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, the Infrastructure Commission and
Planning Commission have significant overlap in key topic areas including planning for city capital improvement projects; and
WHEREAS, the City Council desires to amend the
City’s Municipal Code to combine the Infrastructure
Commission with the Planning Commission by assigning all its functions and duties to the Planning Commission; and
WHEREAS, the City Council has determined that
assigning the Infrastructure Commission’s functions and duties to the Planning Commission will foster efficiency and
effectiveness.

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

SECTION 1. The above recitals are all true and correct
and are incorporated herein by this reference.

SECTION 2. The adoption of this ordinance is
exempt from review under the California Environmental
Quality Act (CEQA) pursuant to the following, each a
separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no
significant environmental impact).

SECTION 3. CHAPTER 2, ARTICLE IV, DIVISION

4. INFRASTRUCTURE COMMISSION is hereby repealed in
its entirety.

SECTION 4. CHAPTER 2, ARTICLE IV, DIVISION

5. PLANNING COMMISSION, is hereby amended to read as
follows:

DIVISION 5. - PLANNING COMMISSION
Sec. 2-246. - Creation.

The city planning commission is created in accordance with the provisions of the Planning Act of the state.

16.D

CITY COUNCIL ORDINANCE NO. 2023-xxx
Sec. 2-247. - Membership; quorum; vacancies; term of
office.

The planning commission of the city shall consist of five members appointed by the entire city council. A quorum for the transaction of business shall be three members, and the majority of those members present shall have the power to decide all matters properly before the commission. Planning commissioners shall serve for terms of four years. Seats on the planning commission shall be numbered one through
five. Upon the effective date of this Ordinance No. XXXX all seats on the current planning commission shall be deemed vacated and the city council may appoint any qualified
person to such seats. The terms of seats one and two shall expire on April 1, 2025, and on April 1 every four years thereafter. Seats three, four and five shall expire on April 1, 2027, and on April 1 every four years thereafter.

Notwithstanding the expiration of a term, members of the planning commission shall automatically continue to serve during a succeeding term unless and until a replacement is appointed by the city council. The terms of planning
commissioners may be terminated prior to expiration at the will and pleasure of the city council. The numbering of the planning commission seats one through five shall not be interpreted to assign any given seat to a particular city council district. Any member of the city council may
nominate any qualified person to any seat on the planning commission subject to approval by a majority of the entire city council.

Sec. 2-248. - Meetings.

The planning commission of the city shall schedule regular meetings at a frequency of not less than two meetings during each month.

Sec. 2-249. Functions and duties.

The functions and duties of the former Infrastructure
Commission, as listed below, are transferred to the Planning Commission. Where the Code makes reference to the
Infrastructure Commission, the Traffic and Parking
Commission or to the Parks Commission, such references
shall be deemed to refer to the Planning Commission and where such reference grants or infers functions and duties for such commissions, those functions and duties shall be
deemed transferred to the Planning Commission.

The Planning Commission shall from time to time review, comment upon and make recommendations to the city council and, as may be appropriate, to the public works department,

16.D

CITY COUNCIL ORDINANCE NO. 2023-xxx
engineering department and community development
department regarding the following items:
(1) Review as necessary and make recommendations to
city council in the development of municipal facility master plans, whether related to infrastructure improvements, parks, or roadways, and similar plans of the city or regional plans (e.g., from WRCOG, RCTC, or SCAG) that will affect the city. (2) Review as necessary vehicular and pedestrian safety measures, including without limitation, the provision of safe routes for pedestrians including disabled persons, city compliance programs related to right-of-way improvements required under the Americans with Disabilities Act and the department of transportation, and related safety measures. (3) Review as necessary, the goals and implementation
measures of the circulation element of the general plan and assist city staff in recommending priority projects to the city council.
(4) Serve as the city's tree board.
(5) Review as necessary the community's need and
standards of care for new parks, open space and recreational facilities as well as the design, development and location of new parks and recreational facilities and landscaping.
(6) Perform such other duties as may be assigned by the city council from time to time.

SECTION 5. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance
irrespective of the invalidity of any portion thereof.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

SECTION 7. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.

INTRODUCED at the regular meeting of Hemet City Council on , 2023.

APPROVED AND ADOPTED this day of , 2023.
_________________________

16.D

CITY COUNCIL ORDINANCE NO. 2023-xxx
Joe Males, Mayor
ATTEST:
_________________________
John Paul Maier, City Clerk
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance is the actual Ordinance adopted by the City Council of the City of Hemet and was passed at a regular meeting of the City Council on the day of 2023
AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_________________________________
John Paul Maier, City Clerk

16.D

- SUPPLEMENT HISTORY TABLE
Chapter 2 - ADMINISTRATION
ARTICLE IV. - BOARDS, COMMISSIONS AND COMMITTEES
DIVISION 4. INFRASTRUCTURE COMMISSION
Hemet, California, Code of Ordinances Created: 2023-07-20 15:34:10 [EST] (Supp. No. 66, Update 1)

DIVISION 4. INFRASTRUCTURE COMMISSION1
1Editor's note(s)—Ord. No. 1958, §§ 1, 2, adopted June 25, 2019, repealed the former division 4, §§ 2-221—2-228, and enacted a new division 4 as set out herein. The former division 4 pertained to the park commission and derived from Ord. No. 380; Ord. No. 735; Ord. No. 810; Ord. No. 1396; Code of 1984; Ord. No. 1558, adopted March 25, 1997; Ord. No. 1663, adopted March 26, 2002; and Ord. No. 1775, adopted April 10, 2007.

16.D

Created: 2023-07-20 15:34:10 [EST]
(Supp. No. 66, Update 1)

Sec. 2-221. Purpose and intent.

The infrastructure commission is hereby established by the city council as provided in this division, for the purpose of providing advice and recommendations to the city council, and as appropriate, to the planning commission, public works department, engineering department, and community development department. As provided in more detail in this division, the 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, city capital improvement projects, city buildings, facilities, or significant improvements thereto, the city's street system, city trees, as well as master plans and similar plans proposed by the city related to such public facilities and works of improvement. (Ord. No. 1958, § 2, 6-25-19)
Sec. 2-222. General requirements, membership, term and vacancies. (a) General requirements. The infrastructure commission shall be subject to and adhere to the provisions of division 1 (sections 2-161 through 2-165) of article IV of chapter 2 of the Hemet Municipal Code as it may be amended from time to time.
(b) Number of members. The commission shall consist of five voting members, as the city council shall from time to time appoint and who will serve at the pleasure of the city council. (c) Term. Except for the initially appointed members, the members of the commission will serve for terms of two years. The terms of the members and their appointment shall be staggered in one year intervals. Seats on the commission shall be numbered 1 through 5. The initial members in seats 1, 2 and 3, will have a full term of two years and at the expiration of the initial term the seats shall be up for reappointment or appointment of new members. The initial members in seats 4 and 5 will have an initial term of one year and at the expiration of the initial term the seats shall be up for reappointment or appointment of new members.

Thereafter seats 4 and 5 will have terms of two years.
(d) Vacancies. Notwithstanding the term of office to which a member is appointed, said office shall be deemed vacant upon any of the following events ("events of vacancy"), and upon the occurrence of an event of vacancy the city council will declare the office to be vacant and the council will fill the vacancy pursuant to the general process to solicit and appoint commission members:
(1) The death or disability of said member that renders member incapable of performing the duties of office.
(2) The member's conviction of a felony or crime involving moral turpitude. (3) The member's absence from three regular consecutive meetings of the commission in a calendar year, unless excused by majority vote of the commission expressed in official minutes. (4) The member has submitted a resignation to the city clerk which resignation has been accepted by city council.
(5) The membership has been terminated by three affirmative votes of the city council. (6) The membership has been terminated by the appointing council member. (Ord. No. 1958, § 2, 6-25-19)

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Created: 2023-07-20 15:34:10 [EST]
(Supp. No. 66, Update 1)

Sec. 2-223. Operation of the commission.
(a) Frequency, time and place of regular meetings. The commission shall have its regular meeting on the last Monday of every other month on odd months at 4:00 p.m. The city manager shall assign a meeting place for the commission at a city facility based on the availability of space. The city council or commission may by resolution, and a majority vote of its membership, change the regular meeting date or time of the meeting in consideration of the amount of commission business, holidays, and similar considerations. (b) Officers and commission. The commission shall annually select a chairperson and vice chairperson from among its voting members. The chairperson and vice chairperson so selected shall serve a period of one year. The positions of chairperson and vice chairperson are honorary and shall not entitle the persons so selected to any additional stipend or compensation than is already provided under division 1, of article IV of chapter 2 of the Hemet Municipal Code.
(c) Special meetings. The commission may from time to time and in compliance with the Ralph M. Brown Act, hold special meetings at such other time, days and places as called either by a majority of its members at a regular meeting or by the chairperson at such other times based on the need to conduct business before the next regularly scheduled meeting.
(d) Conduct of meetings. The meetings of the commission and notice thereof shall be governed by the same rules and regulations by which the city council is bound in the conduct of the public meetings. (e) Reports and recommendation. The commission shall submit to the city council reports setting forth the commission's comments and recommendations. All reports and recommendations shall be made in writing. (f) Staff support. The city manager may designate such department heads, other staff, clerical support and such other support as the city manager, may from time to time deem reasonably necessary to support the commission in the reasonable exercise of its functions and duties as provided in this division. (Ord. No. 1958, § 2, 6-25-19)
Sec. 2-224. Functions and duties.
(a) The commission shall from time to time review, comment upon and make recommendations to the city council and, as may be appropriate, to the planning commission and to the public works department, engineering department and community development department regarding the following items:
(1) Review as necessary and make recommendations to city council in the development of municipal facility master plans, whether related to infrastructure improvements, parks, or roadways, and similar plans of the city or regional plans (e.g., from WRCOG, RCTC, or SCAG) that will affect the city. (2) Review annually the city capital improvements program and provide comments and recommendations to be forwarded to city council.
(3) Review as necessary, but at a minimum quarterly, the status of planned and active public works projects as presented by city engineering and public works departments. (4) Approve comments and recommendations to be forwarded to the city council regarding citizen complaints, concerns, requests and suggestions relating to traffic and pedestrian safety issues. (5) Review as necessary city studies related to speed limits and make recommendations to the city council. (6) Review as necessary issues related to vehicular and traffic safety and congestion, including without limitation, speed limits, traffic calming measures, roadway design, traffic light timing and synchronization including anticipation of future traffic demands and needed improvements.

16.D

Created: 2023-07-20 15:34:10 [EST]
(Supp. No. 66, Update 1)

(7) Review as necessary vehicular and pedestrian safety measures, including without limitation, the provision of safe routes for pedestrians including disabled persons, city compliance programs related to right-of-way improvements required under the Americans with Disabilities Act and the department of transportation, and related safety measures.
(8) Take reasonable actions intended to assist city staff in educating the public about traffic safety issues. (9) Review as necessary, public transit concerns and issues related to alternative modes of transportation, including without limitation, individual wheeled transportation aids such as bicycles, scooters and wheelchairs and recommendations to city council.
(10) Review as necessary, the goals and implementation measures of the circulation element of the general plan and assist city staff in recommending priority projects to the city council. (11) Review as necessary matters related to public parking, on-street and off-street parking, and related standards and requirements.
(12) Review as necessary proposed improvements within the public right-of-way as submitted to the commission from time to time by city staff.
(13) Serve as the city's tree board.
(14) Review as necessary the community's need for new parks, open space and recreational facilities as well as the design, development and location of new parks and recreational facilities. (15) Review as necessary the standards for care of existing public parks, recreational facilities, public grounds, public streets and public parking places in the city, as well as the care, protection, removal and trimming of trees, shrubs, shrubbery and flowers on such public grounds. (16) Review as necessary city street tree and landscape standards as requested by city staff. (17) Review as necessary formal appeals received from the public in opposition to administrative decisions regarding tree maintenance and removal.
(18) Investigate and recommend plans, ordinances, or resolutions which the commission determines further the public health, safety and general welfare concerning the above items. (19) Where necessary, request recommendations and proposals of the fire department, police department, public works department, engineering department, community development department, the city manager, and the city attorney related to the above items. (20) Perform such other duties as may be assigned by the city council from time to time. (Ord. No. 1958, § 2, 6-25-19)
Sec. 2-225. References to former traffic and parking commission and parks commission.

Where the Code makes reference to either the traffic and parking commission or to the parks commission, such references shall be deemed to refer to the infrastructure commission and where such reference grants or infers functions and duties for such commissions, those functions and duties shall be deemed transferred to the infrastructure commission pursuant to this division.
(Ord. No. 1958, § 2, 6-25-19)
Secs. 2-226—2-245. Reserved.

16.D