MAYOR AND CITY COUNCIL:
Joe Males
Mayor (District 4)
Malcolm Lilienthal
Mayor Pro Tem (District 3)
Carole Kendrick
Council Member (District 1)
Jaculin "Jackie" Peterson
Council Member (District 2)
Linda Krupa
Council Member (District 5)
Mark Prestwich
City Manager
Steven Graham
City Attorney
John P. Maier
City Clerk
CITY COUNCIL AGENDA
CITY OF HEMET, CALIFORNIA
Tuesday, September 26, 2023
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
REGULAR MEETING AT 7:00 P.M.
Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.
Live Stream: This meeting will be live streamed on the City's website at hemetca.gov/agenda.
Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.
Teleconference: Residents may also submit public comments by teleconference during Communications from the Public by using the following Zoom link:
https://us02web.zoom.us/j/81544693497
Webinar ID: 815 4469 3497
Passcode: 745765
Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 253 215 8782
Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provide in an alternate format, please contact the City Clerk’s Office at (951) 765 -2307 at least 48 hours p rior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102 -35.104 ADA Title II)
Page
REGULAR MEETING - 7:00 P.M.
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
4. PLEDGE OF ALLEGIANCE
5. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet • Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker. • There is a 3-minute-per-person time limit for all general public comments on non-public hearing items. • All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
• Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
• You may also fill out a form and submit your comments online at www.hemetca.gov. Submittal must be done before 2:00 p.m. the day of the meeting.
• Please state your name and item you are commenting on before speaking.
5.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items
5.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
6. PRESENTATIONS
6.A National Hispanic Heritage Month
National Hispanic Heritage Month
9 6.B National Preparedness Month
National Preparedness Month
11 6.C Department of Life Safety Code Enforcement Update Presentation Staff Report #23-259 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Receive and file the September 2023 Code Enforcement update presented by the Hemet Fire & Life Safety Agency.
13 - 30
7. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.
7.A Approval of the Regular City Council Meeting Minutes of September 12, 2023
Staff Report #23-323 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Approve the September 12, 2023, Regular City Council Meeting Minutes. 31 - 42
7.B Second Reading and Adoption of 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
Staff Report #23-319 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Waive full reading and adopt Ordinance 2020, an Ordinance of the City Council of the City of Hemet, California, Repealin g 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.
43 - 60
7.C Authorizing the Amended and Restated Legal Services Agreement with Cole Huber LLP for City Attorney Services
Staff Report #23-304 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
1. Approve the Amended and Restated Legal Services Agreement with Cole Huber LLP for City Attorney Services, retroactively effective to the beginning of Fiscal Year (FY) 2023-24 (July 1, 2023);
2. Authorize and direct the City Manager to execute the Agreement along with any necessary documents to effectuate the purposes of this Resolution; and
3. Authorize the City Manager or his designee to utilize the funds already budgeted in Fund (691) City Attorney.
61 - 80
7.D A Resolution of the City Council of the City of Hemet, California, Accepting the Emergency Management Performance Grant (EMPG) From the California Office of Emergency Services (CalOES) for the Purchase of 14 Laptops and Power Accessories for the Emergency Operations Center (EOC) and Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation of $6,487 in Fund (232) Public Safety Grants
Staff Report #23-138 - Pdf
81 - 92
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the Emergency Management Performance Grant (EMPG) From the California Office of Emergency Services (CalOES) for the Purchase of 14 Laptops and Power Accessories for the Eme rgency Operations Center (EOC) and Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation of $6,487 in Fund (232) Public Safety Grants.
7.E Consideration of Solutions for Enhanced Security at the City of Hemet Skate Plaza in Gibbel Park and Adoption of a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase and Installation of a Wrought Iron Fence to Hemet Fenc e in the Amount of $66,000 and Awarding the Purchase and Installation of a Security Camera System to HDOnTap in the Amount of $15,000 and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation in Fund 270 in the Amount o f $81,000 and a 10% Contingency in the Amount of $8,100 for a total of $89,100 and Authorizing the City Manager to Execute All Documents Related to the Agreements
Staff Report #23-296 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Review Available Solutions for Enhanced Security at the City of Hemet Skate Plaza in Gibbel Park and Consider Adopting A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase and Installation of a Wrought Iron Fence to Heme t Fence in the Amount of $66,000 and Awarding the Purchase and Installation of a Security Camera System to HDOnTap in the amount of $15,000 and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation in Fund 270 in the Am ount of $81,000 and a 10% Contingency in the amount of $8,100 for a total of $89,100 and Authorizing the City Manager to Execute All Documents Related to the Agreements.
93 - 102
7.F A Resolution of the City Council of the City of Hemet, California, Accepting $536,786.10 in SB 821, "Bicycle and Pedestrian Facilities Program" Funding for the Fiscal Year (FY) 2023 -24 Hemet Various Street Pedestrian Improvements Project, Authorize the Administrative Services Director to Establish a Supplemental Appropriation of $536,786.10 into SB821 (Fund 223) and Establish Measure "A" Match Funds (Fund 222) in the Amount of $383,213.90 to the Project Budget, and Authorize the City Manager to Execute Agreement No. 24-62-013-00 with the Riverside County Transportation Commission
Staff Report #23-289 - Pdf
103 - 141
Recommendation:
It is respectfully recommended that the City Council:
1. Adopt a Resolution of the City Council of the City of Hemet, California, Accepting $536,786.10 in SB 821, "Bicycle and Pedestrian Facilities Program" Funding for the FY 23/24 Hemet Various Street Pedestrian Improvements Project.
2. Authorize the Administrative Ser vices Director to Establish a Supplemental Appropriation of $536,786.10 into SB821 (Fund 223) and Establish Measure "A" Match Funds (Fund 222) in the Amount of $383,213.90 to the Project Budget.
3. Authorize the City Manager to Execute Agreement No. 24 -62-013-00 with the Riverside County Transportation Commission
7.G A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Revised Position of Pol ice Personnel and Training Coordinator
Staff Report #23-305 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the revised position of Police Personnel and Training Coordinator.
143 - 155
7.H A Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges
Staff Report #23-306 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Adopt the Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges.
157 - 169
8. DISCUSSION - ACTION ITEMS
8.A A Resolution of the City Council of the City of Hemet, California, Approving the City of Hemet Storefront Vandalism Relief Program and Appropriating an Additional $150,000 From Undesignated General Fund Reserves to the Storefront Vandalism Relief Program
Staff Report #23-311 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
171 - 181
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the City of Hemet Storefront Vandalism Relief Program and Appropriating an Additional $150,000 from Undesignated General Fund Reserves to the Storefront Vandalism Relief Program.
8.B An Ordinance of the City Council of the City of Hemet, California, Amending Article XI (Maintenance, Security, And Rehabilitation of Abandoned or Vacant Properties) of Chapter 14 (Buildings and Building Regulations)
Staff Report #23-321 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Introduce by title only, waive full reading, and authorize the City Clerk to place the Ordinance for adoption on the next available regular City Council meeting agenda.
183 - 206
8.C An Ordinance of the City Council of the City of Hemet, California, Amending Article II (California Building Code) of Chapter 14 (Buildings and Building Regulations) to Amend Section 14-41 Related to Expiration of Building Permits
Staff Report #23-320 - Pdf
Recommendation:
It is respectfully recommended that the City Council:
Introduce by title only, waive full reading, An Ordinance Of The City Council Of The City Of Hemet, California, Amending Article Ii (California Building Code) Of Chapter 14 (Buildings And Building Reg ulations) To Amend Section 14 -41 Related To Expiration Of Building Permits and authorize the City Clerk to place the Ordinance for adoption on the next available regular City Council meeting agenda.
207 - 217
8.D Report Back and Consideration of Further Measure U Oversight and Monitoring Options
Staff Report #23-318 - Pdf
Recommendation:
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 Ordin ance No. 1918) and the implementing resolutions (Resolution Nos. 4703 & 4731). 219 - 235
9. CITY COUNCIL AND STAFF REPORTS
COUNCIL MEMBER KRUPA
1. Hemet Housing Authority
2. Investment Oversight Committee
3. Hemet Public Library Board of Trustees
4. Riverside County Airport Land Use Commission *
5. League of California Cities
6. Riverside County Transportation Commission *
7. Riverside Transit Agency
8. Western Riverside County Conservation Authority *
9. Hemet San Jacinto Water Master Board *
10. Planning Commission
COUNCIL MEMBER KENDRICK
1. Investment Oversight Committee
2. League of California Cities
3. Planning Commission
4. Western Riverside County Conservation Authority *
COUNCIL MEMBER PETERSON
1. Infrastructure Commission
2. League of California Cities
3. Riverside County Habitat Conservation Agency
4. Western San Jacinto Water Master Board *
5. Ramona Bowl Board of Directors
6. Western Riverside Council of Governments *
7. CAJPIA Board
MAYOR PRO TEM LILIENTHAL
1. Hemet Housing Authority
2. Skate Park Committee
3. Community Action Commission of Riverside County
4. League of California Cities
5. Riverside County Transportation Commission *
6. Riverside Transit Agency *
7. Western Riverside Council of Governments *
MAYOR MALES
1. Skate Park Committee
2. League of California Cities
3. Western Riverside Council of Governments *
AD-HOC COMMITTEE REPORTS
1. Council Protocols Ad-Hoc Committee (Peterson/Krupa)
2. Clean up/Graffiti Ad-Hoc Committee (Lilienthal/Males)
3. Homeless Outreach Ad-Hoc Committee (Lilienthal/Males)
4. Business Outreach Ad-Hoc Committee (Males/Peterson)
5. Cal Trans Liaison Ad-Hoc Committee (Peterson/Krupa)
6. CDBG Ad-Hoc Committee (Peterson/Kendrick)
7. Banner Program Ad-Hoc Committee (Krupa/Males)
8. Veteran Memorial Ad-Hoc Committee (Males/Peterson)
CITY MANAGER PRESTWICH
10. ADJOURNMENT
AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.
Date & Time: September 20, 2023 at 4:25 p.m.
Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.
Council Agendas: Agendas for Regular Meetings are avail able for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but n o later than 72 hours prior to the meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.
Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.
Use of Equipment: Please contact the City Clerk’s Office if requesti ng to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307
PRESENTED SEPTEMBER 26, 2023
Joe Males, Mayor
Malcolm Lilienthal, Mayor ProTem
Jackie Peterson, CouncilMember
Linda Krupa, Council Member
Carole Kendrick, CouncilMember
City of HemetCalifornia
Proclamation
National Hispanic Heritage Month
WHEREAS, Hispanic Americans can trace their roots back centuries to indigenous people and settlers of the New World who were on this continent long before the founding of our nation; and
WHEREAS, Millions of Hispanic people have come to the United States from Mexico, Puerto Rico, Cuba and other Caribbean regions, Central and South America, and Spain, creating and enriching our American culture; and
WHEREAS, Honoring Hispanic heritage nationally began in 1968, when President Johnson proclaimed Hispanic Heritage Week; Twenty years later, President Regan expanded the honor by proclaiming the first Hispanic Heritage Month in 1988, a period which starts on September 15 and ends on October 15; and
WHEREAS, September 15 is the anniversary of the independence of Latin American countries Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. In addition, Mexico and Chile celebrate their independence days on September 16 and September 18; and WHEREAS, the City of Hemet celebrates the gifts of Hispanic culture and offers a rich heritage, a deep commitment to family and community, a strong work ethic, an entrepreneurial spirit, and an unwavering belief in the American Dream.
NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council, do hereby proclaim on this day that we recognize September 15 through October 15, 2023, as:
National Hispanic Heritage Month
We encourage the community to learn by seeing the strength derived from our diversity and honor a shared spirit of self-determination, dignity, and respect for cultural heritage.
6.A
PRESENTED SEPTEMBER 26, 2023
Joe Males, Mayor
Malcolm Lilienthal, Mayor ProTem
Jackie Peterson, CouncilMember
Linda Krupa, Council Member
Carole Kendrick, CouncilMember
City of HemetCalifornia
Proclamation
National Preparedness Month
WHEREAS, across the Nation, September has been designated as National Preparedness Month to encourage all Americans and communities to improve emergency preparedness; and
WHEREAS, National Preparedness Month (NPM) is led by the Federal Emergency Management Agency (FEMA) and is sponsored by its Ready Campaing; and WHEREAS, National Preparedness Month creates a significant opportunity for every resident of the City of Hemet to prepare their homes, businesses, and communities for any emergency, from natural disasters to potential terrorist attacks; and WHEREAS, the City of Hemet encourages citizens to help ensure the safety and well- being of their families, neighbors, and communities by receiving proper training for emergency situations; and
WHEREAS, emergency preparedness is the responsibility of every citizen of Hemet, and all citizens are urged to make preparedness a priority by taking four simple steps: 1) Prepare an emergency supply kit; 2) Create a family emergency plan; 3) Bea aware of the types of emergencies that can occur in the City of Hemet; and 4) Get involved with local preparedness organizations and efforts.
NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council, do hereby proclaim the month of September 2023 as:
National Preparedness Month
And urge all citizens to recognize the importance of preparedness in our community.
6.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: City Council
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☒ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Department of Life Safety Code Enforcement Update Presentation
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Receive and file the September 2023 Code Enforcement update presented by the Hemet Fire & Life Safety Agency.
BACKGROUND:
The Hemet Fire & Life Safety Agency, which was established in October of 2022, consists of the Hemet Fire Department and the Department of Life Safety. The divisions that make up the Department of Life Safety are Code Enforcement, Building & Safety, and Fire Prevention.
Prior to October of 2022, Code Enforcement, as well as Bui lding & Safety, were located within the Community Development Department.
ANALYSIS:
The newly established Department of Life Safety operates under the supervision of the Chief Building Official / Deputy Fire Marshal, who reports to the Hemet Fire & Life Safety Agency Director (Fire Chief).
Code Enforcement, also known as Code Compliance, is the first line of protection with regards to quality of life. Addressing substandard living conditions, abandoned properties, and other code violations can help curb crime before it starts.
Code Enforcement engages with the community by connecting and participating in a continuing dialogue between members of the community and Code Enforcement staff with educational, creative, and helpful approaches to compliance
6.C
Responsibilities
• Fire and Police requests for service
• Substandard living conditions
• Homeless move-a-long
• Private Property maintenance enforcement
• Graffiti
• Illegal vendors
• Abandoned vehicles off street
• Illegal/unpermitted construction
• Local Health Concerns
•Green pools (mosquitos)
•Sewage spills
• Zoning for animals
• Vacant property registration
• Cannabis illegal grows
• Neighborhood Enhancement Projects
• Public Works requests for service
DISCUSSION:
The Code Enforcement team consists of three officers, one supervisor, and two Office Specialists. The team is tasked with a wide variety of responsibilities that cover the City's more than 28 square miles and its 90,000-plus residents.
The current workload among the code staff is:
Code Officer Current
Cases
Carried
over from
2022
Backlogged
Total Cases
(Current +
Carry Over)
Tickled 30 -
days out
Martinez (CE1) 28 0 16 28 3
Fuller (CE2) 168 100 25 293 60
Giordano (CE3) 163 128 42 291 53
Griffiths (CE4) 57 51 46 108 43
Carr (OS III) 22+ 0 0 22 0
Totals 438 279 129 742 159
This current workload totals 727 cases. If the cases handled by office staff are subtracted, a total of 705 cases are left to be divided among the three officers, which results in an average workload of 235 cases per officer.
Other cities within Riverside County with populations at or near the City of Hemet, vary in their number of Code Compliance Officers as illustrated in the table below.
City Population # of Code Officers
Murrieta 112,991 6
Menifee 111,225 8
Jurupa 106,941 7
Hemet 91,621 4
Indio 90,416 10
Perris 81,399 11
Responding to Violations
6.C
If an issue comes before Code Enforcement s taff that is an immediate risk to Health & Safety, the Officer may initiate an immediate correction by directing the individual to correct the violation with a deadline or contact a contractor to correct the violation.
With items that are not deemed an i mmediate risk to Health and/or Safety the Staff processes the issues as follows:
:
1. COURTESY NOTICE which has a 30 day run time. It is asking the recipient to address the issue or notify staff that the issue has already been abated.
2. COURTESY NOTICE 2 which also has a 30 day run time. It is sent out because staff understands that mail sometimes gets lost and delivered to the wrong address
3. INITIAL INVESTIGATION If staff has not had any correspondence, or the 60 days have passed without a notice of abatement, an Officer is sent out to see if the problem has been fixed and they just forgot to notify staff.
4. NOTICE OF VIOLATION is issued if the problem still persists. Normally it is a 20 day notice, but for more severe or repeat issues it can be moved up to as lit tle as 48 hours (usually just for graffiti)
5. NOTICE OF VIOLATION 2 is a warning sent with a shortened timeframe, usually 7 or 15 days, letting the recipient know that if the issue is not abated that the City can move into issuing citations
6. CITATIONS: There are three levels of citations
1)FIRST CITATION – Is usually $125 depending on how many violations are present.
Violators are given 15-20 days to abate the issue
2)SECOND CITATION – Is usually $225 depending on how many violations are present.
Violators are given 15-20 days to abate the issue
3)THIRD CITATION – Is usually $525 depending on how many violations are present.
Violators are given 15 days to abate the issue
4)FOURTH CITATION – Is rarely given. It is issued after multiple 3rd citations are given.
It is for $1,025 depending on how many violations
are present. Violators are given 15 days to abate the issues
7. CITY ATTORNEY is available once the issues have reached a 3rd Citation and have still not been addressed. The Code Manager will notify the Office Specialist when cases that have reached the 3rd Citation are to be sent to the City Attorney for review.
See, Click, Fix
Code staff currently tracks 18 -20 categories within the application. Grouping like categories together, the data below is taken from See, Click, Fix covering January to September of 2023:
Created Acknowledged Open* Closed
Abandoned
Vehicles 46 27 10 36
City
Appearance 431 251 67 364
Graffiti 350 350 8 342
Illegal 314 231 33 281
Unpermitted 53 16 10 43
Total 1194 875 128 1066
6.C
* See, Click, Fix report for "Open" cases include those in progress
PREVIOUS COUNCIL ACTION:
Council received an update from the Department of Life Safety in January 2022.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
Objective 2: Provide resources for new businesses to enhance the customer service experience.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a pos itive workplace.
Objective 5: Streamline fire prevention coordination efforts.
ATTACHMENT(S):
Attachment 1 - DLS Update Sept2023v7
6.C
Hemet City Council
Code Enforcement Update
Hemet Fire & Life Safety Agency
September 26, 2023
6.C
Department of Life Safety
• Consists of:
• Fire Prevention Bureau
• Building and Safety
• Code Enforcement
• Oversight structure:
• Fire Chief/Agency Director
• CBO/DFM
• Battalion Chief of
Community Risk Reduction
Fire Chief/Agency
Director
Department of Life
Safety
Chief Building
Official/Deputy
Fire Marshal
Code Enforcement
Code Enforcement
Manager
Code
Enforcement
Officers/staff
Building and Safety
Building
Inspectors(Contract)
Fire Prevention
Fire Prevention
Officers
6.C
Housing Element Update
Code Enforcement’s Focus
The purpose of Code Enforcement is to promote the health, safety and the welfare of the citizens by preserving property values and keeping our community clean.
We engage with the community by connecting and participating in a constant dialogue between members of the community and Code Enforcement staff with educational, creative and helpful approaches with the goal of coming into compliance.
6.C
2023 Code Compliance Update
General Code Enforcement Responsibilities
• Fire and Police requests for service
• Substandard living conditions
• Homeless move-a-long
• Private Property maintenance
enforcement
• Graffiti
• Illegal vendors
• Abandoned vehicles off street
• Illegal/unpermitted construction
• Local Health Concerns
• Green pools (mosquitos)
• Sewage spills
• Zoning for animals
• Vacant property registration
• Cannabis illegal grows
• Neighborhood Enhancement Projects
• Public Works requests for service
6.C
2023 Code Compliance Update
Code Enforcement Team
Code Enforcement Manager (CE1)
Lionel Martinez
• Manages day-to day operations of the
C.E. team
• Provides oversight for complex and
sensitive cases
• Supports case loads of the Officers
• Reports to CBO/DFM
Code Enforcement Officer (CE2)
Rod Fuller
• Area of responsibility = 11.5 square
miles
• Neighborhood Enhancement Projects
• Hotels, Motels (14)
• Maintains assigned caseload
Code Enforcement Officer (CE3)
Americo Giordano
• Area of responsibility = 11.5 square
miles
• Neighborhood Enhancement Projects
• RV Parks / Mobile Home Parks
(35)
• Maintains assigned caseload
Code Enforcement Officer (CE4)
Erika Griffiths
• Area of responsibility = Florida
corridor / commercial buildings
• Neighborhood Enhancement Projects
• Landscaping
• Unboard Hemet
• Parking in front yard
• Illegal Signage
• Maintains assigned caseload
Office Specialist 3
Kevin Carr
• Creating Code cases
• See, Click, Fix
• Complaints (phone, email, counter)
• Closing cases
• Responding to notices and violations
• Release of pendency
• Issuance of Demand Letters
• Conducts invoicing
Office Specialist 1
Nadine Ajib
• Support Code Enforcement, Fire
Prevention, and Building
• Scheduling
• Communication with officers
and public
• Database development and
management
6.C
2023 Code Compliance Update
Code Officer Geographical Assignments
CE3
CE2
CE4
• Fuller (CE2): West of Lyon (11.5 sq. mi)
• Giordano (CE3): East of Lyon (11.5 sq. mi)
• Griffiths (CE4): Florida Ave. (8.9 mi)
6.C
2023 Code Compliance Update
Current Workload
Code Officer
Current
Cases
Carried over from
2022 Backlogged
Total Cases (Current +
Carry Over) Tickled 30-days out
Martinez (CE1) 28 0 16 28 3
Fuller (CE2) 168 100 25 293 60
Giordano (CE3) 163 128 42 291 53
Griffiths (CE4) 57 51 46 108 43
Carr (OS III) 22+ 0 0 22 0
Totals 438 279 129 742 159
742 Total Cases – 22 Cases for OSIII = 720 Cases 180 Cases per officer
6.C
2023 Code Compliance Update
Code Enforcement Comparable Cities
City Population # of Code Officers
Murrieta 112,991 6
Menifee 111,225 8
Jurupa 106,941 7
Hemet 91,621 4*
Indio 90,416 10
Perris 81,399 11
*5 positions until FY19
6.C
2023 Code Compliance Update
Violation Process
When there is a health and safety risk (By HSC*
and/or UHC*) an Officer may initiate an
immediate correction by directing the
individual to correct the violation with a
deadline or contact a contractor to correct the
violation.
*HSC – Health & Safety Code
*UHC – Uniform Housing Code
6.C
2023 Code Compliance Update
Violation Process
6.C
2023 Code Compliance Update
2023 Cases at a Glance
6.C
2023 Code Compliance Update
2023 Types of Cases at a Glance
6.C
2023 Code Compliance Update
Pending Cases
• (52) Complaints from Staff and the California Department of Public and Housing and Community
• (46) Courtesy notice cases still waiting to go to Officers • (31) 3rd Cite cases waiting to go to City Attorney
• (128) Open See Click Fix Cases*
* See, Click, Fix report for "Open" cases include those in progress
6.C
Questions?
6.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Approval of the Regular City Council Meeting Minutes of September 12, 2023
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Approve the September 12, 2023, Regular City Council Meeting Minutes.
STRATEGIC PLAN INTEGRATION:
N/A
ATTACHMENT(S):
City Council Meeting - Sep 12 2023 - Minutes
7.A
DRAFT MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, September 12, 2023
CLOSED SESSION – 6:00 P.M.
1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:01 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.
2. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Males
Mayor Pro Tem Lilienthal
Council Members Kendrick, Krupa, and Peterson
Staff Present:
City Manager:
City Attorney:
City Clerk:
Mark Prestwich
Steven Graham
John P. Maier
3. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments; no one spoke.
Council recessed into Closed Session at 6:01 p.m.
4. DISCUSSION ITEMS
4.A CONFERENCE WITH LABOR NEGOTIATORS
7.A
Government Code Section 54957.6
Agency Designated Representative: Mark Prestwich, City Manager Employee Organization: HMMA, HFFA, HPMA, HPOA, HNSPEA,
SEIU and Unrepresented Employees.
4.B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION
Significant Exposure to Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (1)
5. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 7:05 P.M.
REGULAR MEETING - 7:00 P.M.
6. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Regular Session at 7:13 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.
7. ROLL CALL
City Clerk Maier provided the Roll Call as follows:
Present: Mayor Males
Mayor Pro Tem Lilienthal
Council Members Kendrick, Krupa, and Peterson
Staff Present:
City Manager:
City Attorney:
City Clerk:
Mark Prestwich
Steven Graham
John P. Maier
8. INVOCATION
Invocation was given by Pastor John Scott.
9. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Lilienthal.
10. CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Graham stated there was no reportable action for Item 4.A and by City Council consensus, settlement direction was provided for Item
4.B.
7.A
10.A City Attorney’s Report regarding Closed
Session
11. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, the following citizens spoke:
William Hendrickson, Andrew Allen, Pat Gregory, Robin Lowe, Rob Cando, Tom Lodge, Carl Martin, Wesley Armstrong, Joanne Dieleman (submitted speaker card and donated time to Wesley Armstrong), Debra Schamber, Richard Strehl, Cecilia Morphis, Matt McPherson, and John Belmont spoke.
11.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items
11.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter
12. PRESENTATIONS
12.A Proclamation of Recognition for Volunteer Service - Peggy Wales Council Member Kendrick presented the Proclamation to Peggy Wales.
12.B Proclamation of Library Sign-Up Month
Council Member Krupa presented the Proclamation to Senior Librarian Kathye Caines and Hemet Public Library Board Trustee Member Larry Butler.
12.C Remembrance Day
Council Member Peterson presented the Proclamation to Scott Hudson, Fire Chief Eddie Sell, and Fire Captain David Prietto.
12.D Proclamation of Suicide Prevention Month
Mayor Pro Tem Lilienthal presented the Proclamation to Clarence Bowser Jr.
12.E Presentation of Certificates to Local Businesses
7.A
Mayor Males presented Certificates to Hussein Wehbe, Eric and Priscilla Giandalia, and Edward Wright.
12.F Presentation of Simpson Park Restoration Project Certificates Mayor Males, Council Member Kendrick, and Mayor Pro Tem Lilienthal presented certificates of recognition to the tree donors of the Simpson Park Restoration Project event that was held in April, 2023. These members include: Hemet Woman’s Club, Hemet Hawk’s, Robin Lowe, Linda Krupa, Hemet San Jacinto Valley Republican Women’s Club, Santa Margarita Group, Curt Welshon, Alex Cordero, Clarisa Sanchez, Lamas Housing Project, Greater San Jacinto Valley Chamber of Commerce, Coren Andrews, The Salvation Army Adult Rehabilitation Center, Smith and Corao Family, Larry Butler, the Rotary Club of Hemet, Sage Folk, the Garcia Family and Andrea Murray.
Mayor Males recessed the meeting at 8:26 p.m.
Mayor Males called the meeting to order at 8:30 p.m.
13. RECEIVE AND FILE
13.A Investment Reports for June and July 2023
Action:
By consensus, the City Council received and filed the Investment Reports for June and July 2023.
13.B The City of Hemet Warrant Registers Dated July 27, 2023, in the amount of $2,142,211.07, and August 10, 2023, in the amount of $2,421,092.07. The Payroll Periods of July 10, 2023 – July 23, 2023, in the amount of $942,213.25, and July 24, 2023 – August 06, 2023, in the amount of $912,066.10
Action:
By consensus, the City Council received and filed the City of Hemet Warrant Registers.
14. PUBLIC HEARINGS
14.A An Ordinance of City Council of the City of Hemet, California, Approving a Zone Change (ZC 20-001) From R-2 (Low Density Multiple Family Residential) to R-1 (Single-Family Residential Minimum Lot Size 6,000 Square Feet), Located at the Northwest
7.A
Corner of East Menlo Avenue and Park Avenue (APN 439-230-005; and 018) and Approving Tentative Tract Map No. 37558 to subdivide a 13-acre parcel into 51 lots for the future construction of single-family residences.
Environmental Action: A Mitigated Negative Declaration and Mitigation Monitoring Reporting Program were prepared, processed, and noticed in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), and the CEQA Guidelines (14 California Code of Regulations Section 1500 et seq.).
Mayor Males opened the Public Hearing.
The following residents spoke or submitted a speaker card in opposition of the project: Rob W. (Submitted speaker card, however, donated time to Connie Clark), Connie Clark, Terry Larned, Michael Kincaid, and Dick Clark.
Jason Ackerman, Site Owner Representative provided a brief presentation, highlighting the project design proposal & process. Mr.
Ackerman noted that experts were available both in person and on the Zoom call for questions by the Council. David Atwater, Project Manager, Sandipan Bhattacharjee, Traffic Engineer, and John Gifford, Mantra Representative.
Paul Hermann, Fehr & Peers Representative responded to Council Member inquiries regarding traffic concerns, noting that CalTrans does not need to be notified provided this project generates an average of 35 cars during traffic peak hours and CalTrans must be notified when there is an average of 100 cars during traffic peak hours.
Mayor Males closed the Public Hearing.
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL
MEMBER PETERSON, CARRIED 5-0, to continue the Public Hearing to October 24, 2023.
14.B Urgency Ordinance of the City of Hemet, California, for an Extension of Moratorium on the Establishment or Expansion of Car Washes to August 8, 2024
Mayor Males opened the Public Hearing.
No speakers were present.
7.A
Mayor Males closed the Public Hearing.
Action:
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY KENDRICK, CARRIED 5-0, to adopt Extension of Urgency Ordinance 2018 for Moratorium on the Establishment or Expansion of Car Washes to August 8, 2024.
15. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to approve the Consent Calendar, removing Items 15.B, 15.F, and 15.K for separate consideration.
15.A Approval of the Regular City Council Meeting Minutes of August 8, 2023
Action:
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to approve the August 8, 2023, Regular City Council Meeting Minutes.
15.B Consideration of Proposed Amendment to the City of Hemet Veterans Memorial Etching Policy
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to approve the proposed language amendments as recommended by the City's Infrastructure Commission.
15.C Requesting Approval to Etch Richard Padilla's Name on the Veterans Memorial Wall at Gibbel Park
Action:
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to approve the request to add Richard Padilla's name on the Veterans Memorial Wall at Gibbel Park.
15.D A Resolution of the City Council of the City of Hemet, California, Rescinding Resolution 2022-143 and Authorizing Investment of City of Hemet Monies in the Local Agency Investment Fund.
Action:
7.A
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2023-147 of the City Council of the City of Hemet, California, rescinding Resolution 2022- 143 and authorizing investment of City of Hemet monies in the Local Agency Investment Fund.
15.E An Ordinance of the City Council of the City of Hemet, California, Adopting by Reference Title 6 of the Riverside County Code of Ordinances (Ordinance Nos. 534 and 630) by Reference Related to Animal Control
Action:
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to waive full reading, introduce by title only (and the title of the code being adopted by ordinance), and schedule the Ordinance 2019 for adoption following a public hearing at the next available regular meeting of the City Council.
15.F A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Agreement for Services Between the City of Hemet and Flock Group, Inc. in an Amount not to Exceed $114,000 Over Two Years for Flock OS Video Management Services and Eight (8) Condor Cameras in Support of the Hemet Police Department Real Time Crime Center
Action:
MOTION BY MAYOR MALES, SECOND BY COUNCIL MEMBER
PETERSON, CARRIED 5-0, to adopt a Resolution 2023-148 of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Agreement for Services Between the City of Hemet and Flock Group, Inc. in an Amount not to Exceed $114,000 Over Two Years for Flock OS Video Management Services and Eight (8) Condor Cameras in Support of the Hemet Police Department Real Time Crime Center.
15.G A Resolution of the City Council of the City of Hemet, California, Accepting Grant Funding in the Amount of $100,000 from the WaterSMART Small-Scale Water Efficiency Projects Grant
Administered through the Department of Interior, Bureau of Reclamation and Authorizing the City Manager to Execute All Documents Related to the Grant and Authorizing the Administrative Services Director to Increase Estimated Revenues by $100,000 in Water Fund 571, Establish a Grant Account and Record Supplemental Appropriations of $100,000 in the Public Water Utility Fund (Fund 571) and Transfer $100,052 of Matching Funds from Water Operations to the Grant Account
7.A
Action:
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2023-149 of the City Council of the City of Hemet, California, accepting grant funding in the amount of $100,000 from the WaterSMART Small-Scale Water Efficiency Projects Grant administered through the Department of the Interior, Bureau of Reclamation. Authorize the City Manager to execute all documents related to the grant and authorize the Administrative Services Director to increase estimated revenues by $100,000 in the Public Water Utility Fund (Fund 571), Establish a grant account, and record supplemental appropriations of $100,000 in the Public Water Utility Fund (Fund 571). Additionally, transfer $100,052 of matching funds from Water Operations to the grant account.
15.H A Resolution of the City Council of the City of Hemet, California, Authorizing the Hemet Unified School District to Form a Community Facilities District within the Territorial Limits of the City of Hemet to Finance Certain Development Impact Fees and Capital
Improvements, Embodying a Joint Community Facilities Agreement (JCFA) Setting Forth the Terms and Conditions of the Community Facilities District Financing; and Authorizing Staff to Cooperate with the Hemet Unified School District in Connection Therewith, all Associated with Tract Map 35392 (Generally Located West of Cawston Ave., South of Stetson Ave, East of Warren Rd., and North of Thornton Ave.) (Morgan Crossing Project - Pulte)
Action:
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2023-150 of the City Council of the City of Hemet, California, Authorizing the Hemet Unified School District to Form a Community Facilities District within the Territorial Limits of the City of Hemet to Finance Certain Development Impact Fees and Capital Improvements; Embodying a Joint Community Facilities Agreement (JCFA) Setting Forth the Terms and Conditions of the Community Facilities District Financing; and Authorizing Staff to Cooperate with the Hemet Unified School District in Connection Therewith, all associated with Tract Map 35392 (Generally Located West of Cawston Ave., South of Stetson Ave, East of Warren Rd., and North of Thornton Ave.)
15.I A Resolution of the City Council of the City of Hemet, California, Accepting Public Improvements Associated with Stoney Mountain Ranch Tracts 29129-7, 29129-8 and 29129-9 and Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bonds to 25% for these Public Improvements and Subsequently
7.A
Release the Bonds In Accordance with the Provisions of the Subdivision Improvement Agreements (Generally Located South of Esplanade Ave., East of Warren Road, and West of Cawston Ave).
Action:
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2023-151 of the City Council of the City of Hemet, California, Accepting Public Improvements Associated with Stoney Mountain Ranch Tracts 29129-7, 29129-8 and 29129-9 and Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bonds to 25% for these Public Improvements and Subsequently Release the Bonds In Accordance with the Provisions of the Subdivision Improvement Agreements (Generally Located South of Esplanade Ave., East of Warren Road, and West of Cawston Ave).
15.J A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Side Letter Agreement with Hemet Non-Sworn Police Employees Association Establishing a Lateral Public Safety Dispatcher Hiring Bonus and Employee Referral Bonus Program and Authorizing the Administrative Services Director to Appropriate Funds to Establish Budget Utilizing Measure U Fund Balance
Action:
MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL
MEMBER KRUPA, CARRIED 5-0, to approve a Resolution 2023-152 of the City Council of the City of Hemet, California, authorizing the City Manager to execute a Side Letter Agreement with Hemet Non-Sworn Police Employees Association establishing a Lateral Public Safety Dispatcher Hiring Bonus and Employee Referral Bonus Program and authorizing the Administrative Services Director to appropriate funds to establish budget utilizing Measure U fund balance.
15.K A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an amendment to the Memorandum of Understanding between the City of Hemet and Hemet Police Officers Association, Establishing a Lateral Police Officer Hiring Bonus and Employee Referral Bonus Program and Authorizing the Administrative Services Director to Appropriate and Establish Budget Using One-Time Funds from Measure U Committed Fund Balance.
Action:
MOTION BY COUNCIL MEMBER PETERSON, SECOND BY MAYOR
PRO TEM LILIENTHAL CARRIED 5-0, to:
7.A
1. Approve a Resolution 2023-153 of the City Council of the City of Hemet, California, authorizing the City Manager to execute an amendment to the Memorandum of Understanding between the City of Hemet and Hemet Police Officers Association establishing a Lateral Police Officer Hiring Bonus and Employee Referral Bonus Program; as amended and
2. Authorize the Administrative Services Director to Appropriate and Establish Budget Using One Time-Funds from Measure U Committed Fund Balance.
16. DISCUSSION - ACTION ITEMS
16.A A Resolution of the City Council of the City of Hemet, California, Authorizing the Issuance of Subpoenas for Certain Records Related to Transient Occupancy Taxes
Action:
MOTION BY COUNCIL MEMBER PETERSON, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2023-154 of the City Council of the City of Hemet, California, Authorizing the Issuance of Subpoenas for Certain Records Related to Transient Occupancy Taxes.
16.B A Resolution of the City Council of the City of Hemet, California, Approving the Professional Service Agreement with Riverside County Department of Animal Services to Provide Animal Control Services for the City of Hemet for a Period of Nine (9) Months From October 1, 2023, to June 30, 2024, in an amount not to exceed $874,042.20, Waive the Procurement Process, and Authorize the City Manager to Execute Documents Required to Fulfill the Agreement
Action:
MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR
PRO TEM LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2023-155 of the City Council of the City of Hemet, California, Approving the Professional Service Agreement with Riverside County Department of Animal Services to Provide Animal Control Services for the City of Hemet for a Period of Nine (9) Months From October 1, 2023, to June 30 2024, in an Amount Not to Exceed $874,042.20, Waive the Procurement Process, and Authorize the City Manager to Execute Documents Required to Fulfill the Agreement.
16.C Report Back and Consideration of Further Measure U Oversight and Monitoring Options
Action:
7.A
MOTION BY COUNCIL MEMBER PETERSON, SECOND BY COUNCIL
MEMBER KENDRICK, CARRIED 5-0, to continue item to the next Regular City Council Meeting, to be held on September 26, 2023.
16.D 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
Action:
MOTION BY COUNCIL MEMBER PETERSON, SECOND BY COUNCIL
MEMBER KENDRICK, CARRIED 4-1 (COUNCIL MEMBER KRUPA
VOTING NO), to introduce by title only, waive full reading of Ordinance 2020 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, and directing the City Clerk to place the Ordinance for adoption on the next available regular City Council meeting agenda.
17. CITY COUNCIL AND STAFF REPORTS
Mayor Males asked for Council Comments. Council Member Krupa, Council Member Kendrick, Council Member Peterson, Mayor Pro Tem Lilienthal, and Mayor Males gave reports.
CITY MANAGER PRESTWICH
City Manager Prestwich announced that a letter was sent to the County of Riverside on behalf of the City, regarding the Citrus Valley Specific Plan and the City has received an Organized Retail Theft Prevention Grant of $2,500,000, from the State of California.
18. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 11:39 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on September 26, 2023.
APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John P. Maier, MMC
Mayor City Clerk
7.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Brenda Chavez, Executive Assistant;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
Second Reading and Adoption of 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 Functions Transfer to Commission) (Planning 5 the Infrastructure the of Duties and Commission to the Planning Commission
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Waive full reading and adopt Ordinance 2020, 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.
BACKGROUND:
Please see attached staff report from the September 12, 2023 meeting for background and analysis.
PREVIOUS COUNCIL ACTION:
At the September 12, 2023, meeting, the first reading and introduction of the Ordinance was approved by a vote of 4-1.
STRATEGIC PLAN INTEGRATION:
N/A
ATTACHMENT(S):
Attachment 1: Ordinance Repealing IC, Powers to PC (Clean) v3 Attachment 2: Staff Report _23-307 - Pdf
7.B
7.B
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
7.B
CITY COUNCIL ORDINANCE NO. 2023-xxx
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.
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 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
7.B
CITY COUNCIL ORDINANCE NO. 2023-xxx
majority of the entire city council. Each member of the planning commission shall, upon appointment and
continuing thereafter for their term of service, be a current resident of the City of Hemet or the City of Hemet sphere of influence and have resided in the City of Hemet or the City of Hemet sphere of influence for at least one year prior to appointment. No more than two members of the planning
commission shall be current residents of the City of Hemet sphere of influence.
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, 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.
7.B
CITY COUNCIL ORDINANCE NO. 2023-xxx
(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 the Hemet City
Council on September 12, 2023
APPROVED AND ADOPTED this 26 th day of September,
2023.
7.B
CITY COUNCIL ORDINANCE NO. 2023-xxx
______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk
7.B
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 on ly, 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 Co mmunity 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.
7.B
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 measu res, 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:
7.B
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)
7.B
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.
7.B
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,
7.B
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.
_________________________
7.B
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
7.B
- 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.
7.B
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)
7.B
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.
7.B
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.
7.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: Administration
Submitted by: Mark Prestwich
Tori Roberts, Administrative Services Director;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Authorizing the Amended and Restated Legal Services Agreement with Cole Huber LLP for City Attorney Services
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Approve the Amended and Restated Legal Services Agreement with Cole Huber LLP for City Attorney Services, retroactively effective to the beginning of Fiscal Year (FY) 2023 -24 (July 1, 2023);
2. Authorize and direct the City Manager to execute the Agreement along with any necessary documents to effectuate the purposes of this Resolution; and
3. Authorize the City Manager or his designee to utilize the funds already budgeted in Fund (691) City Attorney.
BACKGROUND:
The City Council appointed Cole Huber LLP as City Attorney on January 12, 2021. The City's existing agreement with Cole Huber LLP authorizes the law firm to perform services including the following:
• The provision of all general counsel services customarily provided to public agencies, such as the City
• Advise the City Council, Commissions, and other City Officials and staff on legal matters pertaining to municipal government
• Attend all City Council and other meetings as requested by the City Council and City manager • Provide legal advice, consultations, and opinions to the City Council, City Manager, and staff • Prepare and/or review all ordinances, resolutions, municipal contracts, and other contracts and agreements entered into by the City
• Alert the City in a timely manner on new State or Federal legislation or judicial decisions that may impact the City and Propose appropriate action(s) to ensure compliance • Inform the City Council and recommend changes to City ordinances and policies as needed • Research and submit legal opinions on municipal or other legal matters as requested by the City Council or City Manager
7.C
• Review memorandums of understanding and provide guidance on personnel matters, labor relations policies, and procedures affecting employees, including employee discipline or procedures to ensure compliance
• Provide legal work pertaining to land use issues, but not limited to property acquisitions, property disposals, public improvements, easements, d edications, the California Environmental Quality Act, and public utilities
• Enforce City zones, zoning regulations, and building standards through administrative and judicial actions
• Initiate and prosecute any necessary criminal actions required to enforce municipal ordinances • Review documents, policies, and forms to ensure compliance with current laws • Coordinate and monitor the work and cost of special legal counsel • Promptly respond to calls, emails, and correspondence from the City Council, City Officials, and staff
• Perform other non-litigation or non-specialized legal duties as requested by the City Council or City Manager
In the same agreement, Cole Huber LLP shall perform the following litigation services:
• Upon authorization by the City Council, Cole Huber shall represent the City in any judicial action or any administrative proceeding. Representation of the City shall include:
o Preparation for and attendance at court hearings (except for hearings relating to work performed on behalf of the City to pros ecute code violations and perform enforcement code functions)
o Drafting of pleadings, motions, memoranda, court forms, and other litigation documents o Research and analysis of claims, defenses, and remedies o Drafting and responding to discovery
o Coordinating, reviewing, and summarizing discovery and document productions o Preparing for, attending, and summarizing depositions, including witness preparation and preparation of post-deposition summaries of reports
o Preparation of administrative records
o Meetings with client representatives, opposing counsel, and others concerning litigation o Trial and trial preparation
o Other tasks as may be necessary to the successful completion of the litigation.
This existing agreement contains a provision requiring Cole Huber and the City Manager to discuss potential adjustments to the rates and charges in the compensation schedule. That meeting was contemplated to take place in May 2022, as part of the City’s FY 2022-23 budget cycle. Unfortunately, at the time the meeting was set to take place, the City of Hemet also found itself without a permanent City Manager. Cole Huber elected to hold off on a requested amendment to the compensation schedule until the new fiscal year beginning July 1, 2023, in order to facilitate a smooth transition for a newly appointed City Manager and align with the City's budgeting process.
Cole Huber has proposed the amended legal services agreement (Attachment 2). The language of the agreement, along with the compensation schedule, are substa ntially the same as those approved by the cities of Indio (August 2022), Yucaipa (January 2023), and Canyon Lake (February 2023).
The amended contract terms will also enable the compensation schedule to be updated during the City’s normal budgeting process each year in the future.
This amendment ensures that fees paid for legal services remain competitive and in line with the market standards while accounting for inflation and the changing costs of legal services.
ANALYSIS:
7.C
The qualitative scope of legal services to be provided to the City in the amended agreement has not changed from the previously approved agreement with Cole Huber.
Within the amendment (Attachment 2) Exhibit B provides for the recommended quantitative changes to the fee schedule. The underlying assumptions include an increase in the monthly retainer rate from $30,000 per month to $40,250. This 34% increase in the monthly retainer amount provides for both the increases in the cost of doing business as a market rate adjustment a s well as an approximate 9% increase in the level of effort (from an average of 160 hours monthly to 175 hours monthly) to serve the City.
Cole Huber provides for exceptions from the retainer as follows:
• Any land use, environmental, or other work that the City is being reimbursed for by a third party shall not be subject to the retainer and will be invoiced to the City at the Firm's market rates set by Cole Huber. Such work will be tracked on a per -project basis and the City shall only be responsible for the payment of funds reimbursed to the City by the third-party. • Labor and personnel issues are exempt from the retainer, including: revie wing memorandums of understanding, labor relations, and policies and procedures affecting employees, including employee discipline or procedures to assure compliance. Any work assigned will be invoiced to the City at rates agreeable to the City Manager.
Litigation Services:
A comparison of litigation rates in this recommended amendment to the previously agreed -upon rates follows:
Previous Rate New Rate
Partner Attorneys $215 per hour
Associate Attorneys $200 per hour
Attorneys (Blended)* $260 per hour
Paralegals/Law Clerks $150 per hour $175 per hour
*Blended rates refer to a combined or averaged rate that results from combining different rates or costs.
Certain other costs such as duplication or reproduction fees, mileage for ground transportation using a personal vehicle (for Litigation services only) will generally be charged to the City at the then appropriate rate (for mileage) or other reasonable rates as provided for in Exhibit B.
Certain other costs (d etailed in Exhibit B) that are incurred in the course of investigation, research, negotiation, or litigation will also be invoiced monthly and are primarily to be billed based on actual cost.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 3: Provide the Council with policies that are consistent while lessening liabilities.
7.C
FISCAL IMPACT:
The City has previously budgeted for the increase in the costs for professional legal services in anticipation of this amendment to the agreement. Additional appropriations are not being requested at this time. Appropriations for these services are provided for in the following accounts within the City Attorney Fund: Retainer | 691-1600-2710: Litigation | 691-1600-2755 for $650,000 in total.
ATTACHMENT(S):
Attachment 1: 20230926 Resolution Legal Services Amendment 1 with Cole Huber LLP2 Attachment 2: HMT - Amended and Restated Legal Services Agreement
7.C
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 LEGAL
SERVICES AMENDMENT WITH COLE HUBER LLP
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”) executed an agreement effective January 12, 2021, with Cole Huber LLP, to perform City Attorney services; and WHEREAS, the City finds Cole Huber LLP, to be duly qualified and able to satisfactorily perform the requested professional services;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Incorporation of Recitals. The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.
SECTION 2.City Council Actions.
a. The City Council Approves Amendment 1 to the January 12, 2021, Legal Services Agreement with Cole Huber LLP, Retroactively to July 1, 2023. b. The City Manager is authorized and directed to execute the amendment, along with any necessary documents to effectuate the purposes of this Resolution so long as such documents are approved to form by the City Attorney.
7.C
CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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c. The City Manager, or his designee is authorized and directed to utilize the funds already budgeted in “Fund (691) City Attorney”.
SECTION 3.EFFECTIVE DATE - This Resolution shall become effective on September 26, 2023.
7.C
CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 26th day of September, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
7.C
CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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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 26th day of September, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
7.C
Legal Services Agreement
AMENDED AND RESTATED LEGAL SERVICES AGREEMENT
BETWEEN CITY OF HEMET AND COLE HUBER LLP
THIS AMENDED AND RESTATED AGREEMENT for legal services is entered into by and between the City of Hemet (hereinafter referred to as "City") and Cole Huber LLP (hereinafter referred to as "Law Firm"), effective as of July 1, 2023 (the "Effective Date").
WHEREAS, on January 12, 2021, the City Council appointed Cole Huber LLP as Interim City Attorney for the City of Hemet; and
WHEREAS, the City Council approved a Legal Services Agreement with Cole Huber LLP on March 23, 2021 which set the rates for legal services through June 30, 2022; and
WHEREAS, Cole Huber LLP did not request an increase in rates for Fiscal Year 2022/23; and
WHEREAS, this Amended and Restated Legal Services Agreement will adjust the rates for legal services to be identical to those utilized by Cole Huber LLP for other city clients in Riverside and San Bernardino Counties; and
WHEREAS, this Amended and Restated Legal Services Agreement will enhance the City’s ability to utilize legal services for code enforcement purposes.
NOW, THEREFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:
SECTION 1 . SERVICES. Subject to the terms and conditions set forth in this Agreement, Law Firm shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. This Agreement shall begin on the Effective Date and shall continue unless the Agreement is otherwise terminated as provided for in Section 7.
1.2 Standard of Performance . Law Firm shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Law Firm is engaged in the geographical area in which Law Firm practices its profession. Law Firm shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Law Firm's profession.
1.3 Assignment of Personnel . Law Firm shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons for any reason other than a characteristic protected under state employment laws and the California Rules of Professional Conduct, Law Firm shall, immediately upon receiving notice from City of such desire, reassign such person or persons.
1.4 Time. Law Firm shall devote such time to the performance of services
7.C
Legal Services Agreement
pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Law Firm's obligations hereunder.
SECTION 2. COMPENSATION. City agrees to pay Law Firm in accordance with the Compensation Schedule provided in Exhibit B for services to be performed and reimbursable costs incurred under this Agreement. The rates and charges outlined in the Compensation Schedule shall be valid through at least July 1, 2024. Law Firm may automatically adjust the rates and charges under this Agreement effective July 1, 2024 and each year thereafter if: (i) the adjustment to rates and charges does not exceed the increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the Riverside Area and (ii) Law Firm has provided the City at least 90 days’ notice of its intent to adjust rates and charges. City shall pay Law Firm for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Law Firm for services rendered pursuant to this Agreement. Law Firm shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by the City, Law Firm shall not bill City for duplicate services performed by more than one person.
Law Firm and City acknowledge and agree that compensation paid by City to Law Firm under this Agreement is based upon Law Firm's invoices only, and City has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Law Firm shall submit invoices not more often than once a month during the term of this Agreement (unless requested otherwise by City), based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
▪ The beginning and ending dates of the billing period;
▪ A Task Summary containing the amount of any prior billings, the total due for the period being billed for, and any outstanding sums remaining unpaid; and
▪ The applicable time entries showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed and for authorized reimbursable costs incurred. City shall have thirty (30) days from receipt of an invoice to pay Law Firm.
2.3 Reimbursable Expenses . Reimbursable expenses are specified in Exhibit B, and expenses not listed in Exhibit B are not chargeable to City.
2.4 Payment of Taxes . Law Firm is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.5 Payment upon Termination. In the event that City or Law Firm terminates this Agreement pursuant to Section 7 of this Agreement, the City shall compensate the Law Firm for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Law Firm shall maintain adequate logs and timesheets in order to verify costs incurred to that date.
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Legal Services Agreement
2.6 Authorization to Perform Services. Law Firm is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization (written or verbal) from City.
SECTION 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Law Firm shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Law Firm only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Law Firm's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall the City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Law Firm, at its own cost and expense, shall procure and maintain professional malpractice insurance in the amount of not less than $2 million per occurrence throughout the term of this Agreement. Law Firm shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City, and that such insurance is in effect prior to commencing work under this Agreement. Law Firm shall maintain the insurance policy required by this section throughout the term of this Agreement.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution.
4.1 Variation. City may approve a variation in the insurance requirements upon a determination that the coverage, scope, limit, and form of such insurance is either not commercially available, or that the City's interests are otherwise fully protected.
4.2 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Law Firm shall provide written notice to City at Law Firm's earliest possible opportunity, and in no case later than five (5) days after Law Firm is notified of the change in coverage.
4.3 Remedies. In addition to any other remedies City may have if Law Firm fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Law Firm's breach:
4.3.1. Order Law Firm to stop work under this Agreement or withhold any payment that becomes due to Law Firm hereunder, or both stop work and withhold any payment, until Law Firm demonstrates compliance with the requirements hereof; and/or
4.3.2 Terminate this Agreement.
SECTION 5. STATUS OF LAW FIRM.
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Legal Services Agreement
5.1 Independent Contractor. At all times during the term of this Agreement, Law Firm shall be an independent contractor and shall not be an employee of the City.
City shall have the right to control Law Firm only insofar as the results of Law Firm's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, City shall otherwise not have the right to control the means by which Law Firm accomplishes services rendered pursuant to this Agreement.
Notwithstanding any other city, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Law Firm and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
5.2 Law Firm Not Agent. Except as City may specify in writing or as provided by law, Law Firm shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Law Firm shall have no authority, express or implied, pursuant to this Agreement to bind the City to any obligation whatsoever.
SECTION 6. LEGAL REQUIREMENTS.
6.1 Governing Law . The laws of the State of California shall govern this Agreement.
6.2 Compliance with Applicable Laws . Law Firm and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
6.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Law Firm and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
6.4 Licenses and Permits . Law Firm represents and warrants to the City that Law Firm and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature legally required to practice their respective professions. Law Firm represents and warrants to City that Law Firm and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals legally required to practice their respective professions. In addition to the foregoing, Law Firm and any subcontractors shall obtain and maintain during the term of this Agreement any required business licenses from City.
6.5 Nondiscrimination and Equal Opportunity . Law Firm shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Law Firm under this Agreement. Law Firm shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity
7.C
Legal Services Agreement
and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement.
Law Firm shall include the provisions of this subsection in any subcontract approved by the City.
SECTION 7. TERMINATION AND MODIFICATION.
7.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Law Firm. Such written notification must provide an effective date of cancellation.
Law Firm may cancel this Agreement upon sixty (60) days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Law Firm shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Law Firm delivering to City copies of any or all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Law Firm prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder. Originals of attorney work product shall remain the property of Law Firm.
7.2 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.
7.3 Assignment. City and Law Firm recognize and agree that this Agreement contemplates personal performance by Law Firm and is based upon a determination of Law Firm's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Law Firm. Law Firm may not assign this Agreement or any interest therein without the prior written approval of the City Manager.
7.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Law Firm shall survive the termination of this Agreement.
7.5 Options Upon Breach by Law Firm . If Law Firm materially breaches any of the terms of this Agreement, City's remedies shall include but not be limited to the following:
7.5.1 Immediate termination of the Agreement;
7.5.2 Retention of the plans, reports, documents, and any other work product prepared by Law Firm pursuant to this Agreement; and/or
7.5.3 Retention of a different law firm to complete any work described in Exhibit A remaining unfinished by Law Firm.
SECTION 8. KEEPING AND STATUS OF RECORDS.
8.1 Records Created as Part of Law Firm's Performance . Law Firm
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Legal Services Agreement
hereby agrees to deliver copies of all reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Law Firm prepares or obtains pursuant to this Agreement to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Law Firm agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.
8.2 Law Firm's Books and Records . Law Firm shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Law Firm pursuant to this Agreement.
SECTION 9. MISCELLANEOUS PROVISIONS.
9.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees (including reasonable costs and disbursements) in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
9.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the Superior Court for the County of Riverside.
9.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
9.4 No Implied Waiver of Breach . The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
9.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
9.6 Conflict of Interest . Law Firm may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Law Firm in a "conflict of interest," as that term is defined in the rules of professional responsibility governing Law Firm's profession, unless such conflict may be waived by City and City chooses to waive such conflict in writing.
Law Firm shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code section 1090 et seq.
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Legal Services Agreement
Law Firm hereby warrants that although it has previously performed, and is currently performing, legal services for the City as an independent contractor, it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Law Firm were an employee, agent, appointee, or official of the City in the previous 12 months, Law Firm warrants that it did not participate in any manner in the forming of this Agreement. Law Firm understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Law Firm will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Law Firm will be required to reimburse the City for any sums paid to the Law Firm. Law Firm understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.
9.8 Solicitation. Law Firm agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
9.9 Notices.
Any written notice to Law Firm shall be sent to:
Cole Huber LLP
Attn: Steven Graham
2855 E. Guasti Road, Suite 402
Ontario, CA 91761
Any written notice to City shall be sent to:
City of Hemet
Attn: Mayor
445 East Florida Avenue
Hemet, CA 92543
9.10 Integration. This Agreement, including attachments, represents the entire and integrated agreement between City and Law Firm and supersedes all prior negotiations, representations, or agreements, either written or oral.
9.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
9.12 Authorized Signature . Each person and party signing this Agreement warrants that he/she has the authority to execute this Agreement on behalf of the principal and that the party will be bound by such signature.
[Signature Page Follows]
7.C
Legal Services Agreement
LEGAL SERVICES AGREEMENT BETWEEN
CITY OF HEMET AND COLE HUBER LLP
The parties have executed this Agreement as of the Effective Date.
CITY
CITY OF HEMET
By:
Mark Prestwich, City Manager
LAW FIRM
COLE HUBER LLP
By
Derek Cole, Managing Partner
ATTEST:
CITY CLERK
By
Steven Graham Pacifico, Partner
7.C
Exhibit A: Scope of Work
EXHIBIT A – SCOPE OF WORK
The following services shall be provided under this Agreement:
CITY ATTORNEY SERVICES
Law Firm shall provide all general counsel services customarily provided to public agencies such as the City, which include the following:
Advise the City Council, Commissions, other City officials, and staff on legal matters pertaining to municipal government, including the Brown Act and parliamentary procedures for running meetings;
Attend all City Council and other meetings as requested by the City Council and City Manager;
Provide legal advice, consultations and opinions to the City Council, City Manager, and staff;
Prepare and/or review all ordinances, resolutions, municipal contracts, and other contracts and agreements entered into by the City;
Alert the City in a timely manner on new State or Federal legislation or judicial decisions that may impact the City and propose appropriate action(s) to assure compliance;
Inform the City Council and recommend changes to City ordinances and policies as needed;
Research and submit legal opinions on municipal or other legal matters as requested by the City Council or City Manager;
Review memorandums of understanding and provide guidance on personnel matters, labor relations and policies and procedures affecting employees, including employee discipline or procedures to assure compliance;
Provide legal work pertaining to land use issues including, but not limited to, property acquisitions, property disposals, public improvements, easements, dedications, the California Environmental Quality Act and public utilities;
Enforce City codes, zoning regulations, and building standards through administrative and judicial actions;
Initiate and prosecute any necessary criminal actions required to enforce municipal ordinances;
Review documents, policies, and forms to ensure compliance with current laws; Coordinate and monitor the work and cost of special legal counsel; Promptly respond to calls, e-mails, and correspondence from the City Council, City Officials and staff; and
7.C
Exhibit A: Scope of Work
Perform other non-litigation or non-specialized legal duties as requested by the City Council or City Manager.
LITIGATION SERVICES
Upon authorization by the City, Law Firm shall represent the City in any judicial action or any administrative proceeding. Representation of the City shall include:
Preparation for and attendance at court and administrative hearings including hearings relating to work performed on behalf of the City to prosecute code violations and perform enforcement code functions;
Drafting of pleadings, motions, memoranda, court forms, and other litigation documents; Research and analysis of claims, defenses, and remedies; Drafting and responding to discovery;
Coordinating, reviewing, and summarizing discovery and document productions;
Preparing for, attending and summarizing depositions, including witness preparation and preparation of post-deposition summaries or reports;
Preparation of administrative records;
Meetings with client representatives, opposing counsel, and others concerning the litigation;
Trial and trial preparation; and
Other tasks as may be necessary to the successful completion of the litigation.
7.C
EXHIBIT B
COMPENSATION SCHEDULE AND REIMBURSABLE EXPENSES
Retainer Rates: City shall pay Law Firm $40,250 per month based on the parties' understanding that Law Firm shall, on average, devote 175 hours of attorney time to the City Attorney Services described in Exhibit A (and assuming an average hourly rate of $230.00). The parties shall review the hours spent per month at each annual anniversary after the effective date of this contract to determine whether 175 hours is an accurate measure for setting the monthly retainer. If the parties determine a different number should be utilized, they shall attempt to agree upon a mutual decrease or increase of the monthly retainer and shall reflect their resolution in writing.
Exceptions from Retainer:
Any land use, environmental, or other work (including code enforcement work) that the City is able to seek reimbursement from a third -party shall not be subject to the retainer and will be invoiced to the City at the Firm’s market rates set by Law Firm. Such work will be tracked on a per-project basis and the City shall only be responsible for payment of funds reimbursed to the City by the third-party.
Labor and personnel issues are exempt from the retainer, including: reviewing memorandums of understanding, labor relations and policies and procedures affecting employees, including employee discipline or procedures to assure compliance. Any work assigned will be invoiced to the City at rates agreeable to the City Manager.
Litigation Services shall be provided at the following rates:
LITIGATION SERVICES: RATES
Attorneys (Blended): $260.00/hour
Paralegals/Law Clerks: $175.00/hour
Costs shall be paid as follows:
COSTS
Duplication/reproduction fees
(50 pages or more)
Actual cost if performed by outside
service; $0.15 if performed in-house
Vehicle travel originating from Firm’s
Ontario office (Litigation Only)
Applicable IRS rate per
mile x number of miles
Extraordinary postage or overnight
delivery costs
Actual Cost
Costs incurred in the course of investigation, research, negotiation or litigation will also be invoiced monthly. The following list of charges is included by way of example:
Parking and toll fees Actual Cost
Extraordinary postage or overnight
delivery costs
Actual Cost
Court filing fees Actual Cost
7.C
Attorney services (includes service of
process fees, arbitrators, and
mediators)
Actual Cost
Messenger services Actual Cost
Witness fees Actual Cost
Expert fees Actual Cost
Westlaw research Prorated so the City would
pay its proportionate share
Accurint or other database research fees Actual Cost
Data conversion costs and forensic IT work Actual Costs FedEx, OnTrac Overnight, or other one-
day delivery services
Actual Cost
Duplication/reproduction fees (50 pages or
more)
Actual cost if performed by
outside service; $.15/copy if in-
house
Any other expense not listed above that
becomes necessary for the successful
resolution of a client matter
Actual Cost
Exhibit B: Compensation Schedule
7.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Jay Cregeen;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting the Emergency Management Performance Grant (EMPG) From the California Office of Emergency Services (CalOES) for the Purchase of 14 Laptops and Power Accessories for the Emergency Operations Center (EOC) and Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation of $6,487 in Fund (232) Public Safety Grants
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the Emergency Management Performance Grant (EMPG) From the California Office of Emergency Services (CalOES) for the Purchase of 14 Laptops and Power Accessories for the Emergency Operations Center (EOC) and Authorizing the Administrative Services Director to Increase Estimated Revenues and R ecord a Supplemental Appropriation of $6,487 in Fund (232) Public Safety Grants.
BACKGROUND:
An Emergency Operations Center (EOC) is a centralized facility designed to coordinate and support response as serves It or emergency an during efforts disaster. where center command a representatives from various departments within the City gather to make decisions, share information, and manage resources. EOCs are typically equipped with communication systems, data analysis tools, and other resources necessary for effective emergency management. The primary goal is to facilitate efficient coordination, communication, and decision -making among emergency responders and stakeholders during times of crisis.
The Emergency Management Performance Grant Program assists with providing funds for equipment needed for emergency preparedness; including the outfitting of EOCs.
ANALYSIS:
7.D
Laptops used for the EOC were purchased over five years ago and are in need of replacement. This grant will allow for the purchase of 14 new laptop computers, and associated power equipment, that are a necessity due to the advancement of technology, softwa re, data integration, and privacy.
Purchasing the laptops will help to expand and increase the readiness of City personnel during an emergency activation by storing large amounts of data in a secure manner.
The laptops will also assist the Hemet Fire Dep artment with creating, processing, managing and communicating information to various public and private sector emergency agencies/organizations.
Per the City's Information Technology's (IT) Division, the current laptops have exceeded their useful life and are not compatible with a Windows 11 upgrade. New laptops would allow a user to have multiple browsers open and be able to work more efficiently during a major disaster or emergency.
DISCUSSION:
The Fire Department applied for the Emergency Management Performance (EMPG) Grant to streamline emergency services processes, reduce IT costs, and to allow for uniformity during fire season.
PREVIOUS COUNCIL ACTION:
None.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
Total cost of the laptops is $12,972.58. Staff plans to use $6,487 from General Fund 110 and $6,487 from Public Safety Grant Fund 232.
The Emergency Management Performance Grant has a dollar -for-dollar match requirement and will provide reimbursement to the City once the equipment has been procured. The City will only use $6,487 of the grant award and will relinquish the remaining award of $14,792. There are available funds in General Fund Account 110 -3243-2450 (Emergency Services Parts & Supplies) for the match requirement.
A budget transfer of $6,487 from account 110 -3243-2450 (Parts & Supplies) to 110 -3243-2270 (Computer Hardware Purchases) is requested to properly categorize the purchase.
ALTERNATIVE(S):
7.D
If the City Council does not authorize the acceptance of this grant to purchase the equipment, alternatives include:
-Not purchasing these laptops, at this time.
-Provide the financial resources for these laptops exclusively from the General Fund. -Provide alternate direction to staff.
ATTACHMENT(S):
Resolution for EMPG CALOES Grant
Attachment 2: CALOES EMPG Grant Award Letter
Quote# 1 (updated) - Zones - Quote# 09182023-CH $12,972.58 (selected lowest quote) Quote# 2 - SHI International - Quote# 23679459 $14,039.58 Quote# 3 - Insight - Quote# 0226452735 $14,412.93
7.D
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, ACCEPTING THE
EMERGENCY MANAGEMENT PERFORMANCE GRANT
(EMPG) FROM THE CALIFORNIA OFFICE OF
EMERGENCY SERVICES (CALOES) FOR THE
PURCHASE OF 14 LAPTOPS AND POWER
ACCESSORIES FOR THE EMERGENCY OPERATIONS
CENTER (EOC) AND AUTHORIZING THE
ADMINISTRATIVE SERVICES DIRECTOR TO INCREASE
ESTIMATED REVENUES AND RECORD A
SUPPLEMENTAL APPROPRIATION OF $6,487 IN FUND
#232
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, An Emergency Operations Center (EOC) is a centralized facility designed to coordinate and support the response efforts during an emergency or disaster. It serves as a command center where representatives from various departments within the city gather to make decisions, share information, and manage resources. EOC’s are typically equipped with communication systems, data analysis tools, and other resources necessary for effective emergency management. The primary goal is to facilitate efficient coordination, communication, and decision-making among emergency responders and stakeholders during times of crisis.
WHEREAS, The Emergency Management Performance Grant Program assists with providing funds for equipment needed for emergency preparedness, including outfitting of EOC’s; and
7.D
CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, This Emergency Management Performance Grant has a dollar-for- dollar match requirement and will reimburse the city once the equipment has been procured.
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 - The City Council of the City of Hemet, California, accepts the Emergency Management Performance Grant (EMPG) from the California Office of Emergency Services (CalOES) for the purchase of 14 laptops and power accessories for the Emergency Operations Center (EOC).
SECTION 3. ORDERS - Authorizes the Administrative Services Director to increase estimated revenues and record a supplemental appropriation of $6,487 to Public Safety Grant Fund #232. Authorizes the Administrative Services Director to record a budget transfer of $6,487 from 110-3243-2450 (Parts & Supplies) to 110-3243- 2270 (Computer Hardware Purchases) for the match requirement.
SECTION 4.EFFECTIVE DATE - This Resolution shall become effective on September 26, 2023.
7.D
CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 26th day of September, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
7.D
CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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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 26th day of September, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
7.D
[email protected]
BruceBarton,DirectorEmergencyManagementDepartment1/25/2023CityofHemetEddieSell,FireChiefLauraAxcell,CaptainJayCregeen,EmergencyServicesCoordinatorRE:FY22EmergencyManagementPerformanceGrantProgram(EMPG)Award—$21,279Grant#2022-0005CFDA#:97.042TheCaliforniaOf?ceofEmergencyServices(Ca|OES)hasapprovedRiversideCounty’sFY22EmergencyManagementPerformanceGrantProgram(EMPG)applicationandhasauthorizedthecommencementofreimbursementrequests.TheperformanceperiodofthisgrantisJuly1,2022(forpersonnel)January25,2023(forequipment)— December31,2023.FinalreimbursementrequestsareduenolaterthanJanuary10,2024.PleaserememberthatchangestoyourgrantwillrequiretheapprovaloftheOApriortoincurringanycosts.Allmodi?cations,EHP’s,solesourceprocurement,EOC,andconstructionrequestsrequireadditionalapprovalsfromCa|OESthroughtheOApriortoincurringanycosts.Someofyourprojectsmayrequiretheseadditionalapprovals.Grantfundsmustbeusedtosupplementexistingfunds,notreplacefundsthathavebeenappropriatedforthesamepurpose.YourAgencymustnotmakeorpermitanyawardatanytier,toanypartythatisdebarred.Documentationofeligibilitymustbeobtainedpriortomakinganyagreement/paymentwithavendorfundedbyEMPGfunds.ItistheAgency'sresponsibilitytoobtainalladditionalapprovalspriortoexpendingthefunds.YourAgencywillalsoberesponsibleforprovidingallnecessarydocumentationforreimbursements.Ifyouarepurchasingmaintenanceagreements,upgrades,servicefees,etc.foryourequipmentorcontinuationofaserviceitisyourresponsibilitytoprovideproofthatthesecostsfollowtheguidelinesofthegrant.AsignedFY22GrantAssuranceandasignedFinancialManagementFormsWorkbook(FMFVV)FacesheetisrequiredtobesubmittedtoRiversideCountyEMDassoonaspossible.Modi?cationsandReimbursementRequestscannotbeprocesseduntilthesedocumentsarereceived.Pleasealsonotethatthisgranthasadollar-for-dollarmatchrequirement.Byacceptingthissubaward,itisunderstoodthatyouragencyagreestocomplywithallapplicablefederal,state,andlocalrequirementsofthegrantasputforthintheFY22EMPGGrantAssurances,federalandstateguidance,theFederalSingleAuditActof1984andamendmentof1996,andtheRobertT.StaffordDisasterReliefandEmergencyAssistanceActasamended.AnyfundsfoundowedasaresultofafinalrevieworauditmustberefundedtotheCountywithin15daysuponreceiptofaninvoicefromRiversideCountyEMD.Pleasefeelfreetocontactmeforanyfurtherassistance.Sincerely,LouisLeAdministrativeServicesAnalystII 450E.ALESSANDROBLVDRIVERSIDE,CALIFORNIA92508951.358.7105WEB:WWW.R|VCOREADY .ORGTDD:951.358.5124
7.D
Sales Quotation
Quote #: 09182023-CH
Quote Date: 9/18/2023
Quote Expire Date: 10/18/2023
HP
Customer: From: Zoha Khan
Name: Scott Underwood Phone: 253-545-6406
Email: [email protected] Email: [email protected] Phone: 951-765-3765 Fax: 253-288-6795
Line# MFPN Product Description Quantity Unit Price Ext. Price 1 822P3U T#A BA
HP ProBook 450 15 inch G10 Notebook PC - 15.6 FHD (1920 x 1080) - Core i5- 1335U - 8GB D D R 4 (1X 8GB) SOD I MM - 256GB M.2 PCI e NV Me 2280 V alue 3X 4 SSD - I ntel U HD Graphics - 720p HD camera - English K BD , W in 11 Pro Standard - Gigabit, W i- Fi 6E A X 211, BT5.3 - 1/1/0
14 $825.46 $11,556.44
2 H6Y 89U T#A BA HP 65W Smart A C A dapter - 65 W 14 $22.00 $308.00 3 Re cycling Fe e Re cycling Fe e 14 $5.00 $70.00
$1,038.14
Total: $12,972.58
THIS QUOTE IS EXCLUSIVE OF TAX
Payment Terms: Quote based on Net 30 Payment Terms.
Public Sector | Zones, LLC.
www.zones.com
Shipping Terms: 7-10 business days ARO.
WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU! City of Hemet
Tax @ 8.75%
7.D
Pricing Proposal
Quotation #: 23679459
Created On: 7/10/2023
Valid Until: 9/30/2023
CA-City of Hemet Inside Account
Executive
Scott Underwood
445 E. Florida Ave
Hemet, CA 92543
United States
Phone: 9517652348
Fax:
Email: [email protected]
Alex Coleman
290 Davidson Ave.
Somerset, NJ 08873
Phone: 732-667-2788
Fax:
Email: [email protected]
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 ProBook 450 15 inch G10 15.6 FHD LED UWVA 250N Anti-Glare(1920x1080)Core i5- 1335U(3.40GHz up to 4.60GHz 10 cores-13th Generation)UHD Graphics 256GB M.2PCIe NVMe 2280 Value 3X4 SSD 8GB 3200MHzDDR4(1X8GB)SODIMM Clickpad Backlit Spill Resistant WiFi 6E
HP, Inc. - Part#: 687N8UT#ABA
Note: Hardware, In Stock
14 $894.71 $12,525.94
2 SBUY HP 65W Smart AC Adapter
HP, Inc. - Part#: H6Y89UT#ABA
Note: Hardware, In Stock
14 $27.43 $384.02
*Tax $1,129.62
Total $14,039.58
*Tax is estimated. Invoice will include the full and final tax due.
Additional Comments
Please Note: HP, Inc. has a zero returns policy on custom build PCs. Ink and toner are also considered non-returnable Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations.
Please note, if Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program.
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date set above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract Number when submitting a Purchase Order.
SHI International Corp. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0 The Products offered under this proposal are resold in accordance with the SHI Online Customer Resale Terms and Conditions , unless a separate resale agreement exists between SHI and the Customer.
7.D
HTTP://WWW.INSIGHT.COM
2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 10383010
CITY OF HEMET
ACCOUNTS PAYABLE
445 E FLORIDA AVE
HEMET CA 92543-4209
SHIP-TO
CITY OF HEMET
ACCOUNTS PAYABLE
445 E FLORIDA AVE
HEMET CA 92543-4209
We deliver according to the following terms:
Payment Terms : Net 30 days
Ship Via : Insight Assigned Carrier/Ground
Terms of Delivery: : FOB DESTINATION
Currency : USD
Quotation
Quotation Number : 0226452735
Document Date : 11-JUL-2023
PO Number :
PO release: :
Sales Rep : Cathy Chapman
Email : [email protected]
Telephone :
Material Material Description Quantity Unit Price Extended Price 1P3K6UT#ABA HP USB-C LC - power adapter - 65 Watt - HP
Smart Buy
14 48.24 675.36
OPEN MARKET
687N8UT#ABA HP ProBook 450 G9 Notebook - Wolf Pro
Security - 15.6" - Core i5 1235U - 8 GB RAM -
256 GB SSD - US - with HP Wolf Pro Security
Edition (1 year)
14 887.90 12,430.60
EWR Fee 5.00/EA
OPEN MARKET
Product Subtotal 13,105.96
EWR Fee 70.00
Freight 90.20
TAX 1,146.77
Total 14,412.93
Lease & Financing options available from Insight Global Finance for your equipment & software acquisitions. Contact your Insight account executive for a quote.
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.
Sincerely,
Cathy Chapman
[email protected]
7.D
HTTP://WWW.INSIGHT.COM
Document Date 11-JUL-2023
Quotation Number 226452735
Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.
This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.
SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings (“Software and Cloud Offerings”), each offering will be subject to the applicable supplier's end user license and use terms ("Supplier Terms") made available by the supplier or which can be found at the “terms-and-policies” link below. By ordering, paying for, receiving or using Software and Cloud Offerings, you agree to be bound by and accept the Supplier Terms unless you and the applicable supplier have a separate agreement which governs. https://www.insight.com/terms-and-policies
7.D
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Charles Russell, Public Works Operations Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Consideration of Solutions for Enhanced Security at the City of Hemet Skate Plaza in Gibbel Park and Adoption of a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase and Installation of a Wrought Iron Fence to Hemet Fenc e in the Amount of $66,000 and Awarding the Purchase and Installation of a Security Camera System to HDOnTap in the Amount of $15,000 and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $81,000 and a 10% Contingency in the Amount of $8,100 for a total of $89,100 and Authorizing the City Manager to Execute All Documents Related to the Agreements
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Review Available Solutions for Enhanced Security at the City of Hemet Skate Plaza in Gibbel Park and Consider Adopting A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase and Installation of a Wrought Iron Fence to Hemet Fence in the Amount of $66,000 and Awarding the Purchase and Installation of a Security Camera System to HDOnTap in the amount of $15,000 and Authorizing the Administrative Services Director to Establish a Supplemental Appropriation in Fund 270 in the Amount of $81,00 0 and a 10% Contingency in the amount of $8,100 for a total of $89,100 and Authorizing the City Manager to Execute All Documents Related to the Agreements.
BACKGROUND:
At the City Council's June 27, 2023, Regular Council meeting, the City Council approv ed a three-year agreement with 9th Shield in the amount of $267,960 to provide security and inspection services for the City of Hemet's parks, Corporation Yard, and Library. During the discussion on the 9th Shield agreement, the City Council expressed inte rest in enhancing security measures for the Hemet Skate Plaza at Gibbel Park when it opens later this year. Direction was provided to the City Manager to research and present potential enhanced security options at the City Council meeting on August 8, 2023.
7.E
At the City Council's August 8, 2023, Regular Council meeting, the City Council reviewed options for enhanced security and provided direction to the City Manager to advance investments in lighting, a wrought iron fence, and webcam streaming services, using American Rescue Plan Act (ARPA) funds.
Staff is now recommending the City Council authorize the Administrative Services Director to establish a supplemental appropriation in Fund 270 in the amount of $89,100, including a 10% contingency to be withheld until satisfactory completion of the project, and recommending the City Council authorize the City Manager to execute all documents related to the agreement for the installation of a wrought iron fence and webcam streaming service.
City staff is in the process of pursuing grant funding for the lighting component of this project. When the results of this application are known, staff will bring the item back to the City Council to request necessary approvals.
DISCUSSION:
Fencing
At the August 8th City Council meeting staff presented a quote of approximately $50,000 (attached for reference) for a curved-top, 7-foot tall, wrought iron fence for the skate plaza.
After subsequent discussions with City staff and the skate park projec t designer, a second quote was requested for pricing to install the fence at the outside edge of the planter, further away from the skating surface. The project designer and City staff are recommending moving the fence further away so that the skate park will feel like a larger and more open and inviting space and to reduce the safety hazards of users crashing into the fence. The quote to install the fence further away from the skating surface is $66,000. Both quotes are attached to this report for reference.
Webcam/Streaming Camera
Per City Council direction, City staff is recommending the installation of a 24/7 webcam for the community to view, along with signs posted at the Skate Plaza informing users of the live feed. The webcam will include a high-quality HD camera (1080p at 30 frames per second) and video recording in case video history is needed. The estimated cost of purchase and installation is $10,000, with estimated annual recurring costs of approximately $5,000 to operate, including monthly internet connectivity and streaming services. The recommended camera solution is identical to the solution used at the City of Lake Forest's Etnies Skatepark.
Lake Forest Webcam Link:
https://hdontap.com/index.php/video/stream/etnies-skate-park
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.
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GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 3: Increase the community's pride within the City.
FISCAL IMPACT:
There is no impact to the General Fund as it is recommended the project be funded via American Rescue Plan Act (ARPA) fund balance (Fund No. 270). Staff is recommending authorization for the Administrative Services Director to establish appropriations in the amount of $89,100, including a 10% contingency, in Fund 270 for enhanced security at the City of Hemet Skate Plaza in Gibbel Park.
The current amount of unallocated ARPA funds is $1,655,312. If the City Council adopts this resolution, the remaining amount of unallocated ARPA funds will be $1,566,212.
ATTACHMENT(S):
Attachment 1_Security Options for Park
Attachment 2: Quotes for Fence Options
Attachment 3: Options for Fence Location
7.E
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, AWARDING THE PURCHASE
AND INSTALLATION OF A WROUGHT IRON FENCE TO
HEMET FENCE IN THE AMOUNT OF $66,000 AND
AWARDING THE PURCHASE AND INSTALLATION OF A
SECURITY CAMERA SYSTEM TO HDONTAP IN THE
AMOUNT OF $15,000 AND AUTHORIZING THE
ADMINISTRATIVE SERVICES DIRECTOR TO ESTABLISH
A SUPPLEMENTAL APPROPRIATION IN FUND 270 IN
THE AMOUNT OF $81,000 AND A 10% CONTINGENCY IN
THE AMOUNTOF $8,100 FOR A TOTAL AMOUNT OF
$89,100 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE 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 Council of the City of Hemet desires to enhance the security measures at the Hemet Skate Plaza at Gibbel Park; and
WHEREAS, the City Manager of the City of Hemet presented potential enhanced security options at the City Council meeting on August 8, 2023; and WHEREAS, on August 8, 2023, City Council voted to approve using American Rescue Plan Act funds to purchase a wrought iron fence and web cam streaming services; and
WHEREAS, Hemet Fence will install a wrought iron fence and HDOnTap will install the web cam and streaming services; and
7.E
CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, adding these enhanced security options will provide after hour security and 24-hour surveillance at the skate park; and WHEREAS, the skate park provides an inclusive play environment for children, adults and families to experience the benefits of outdoor activities; and WHEREAS, funding for these projects is available in the America Rescue Plan Act (ARPA) fund balance (Fund No. 270); and
WHEREAS, the current estimated amount of unallocated ARPA funds is $1,655,312 and if City Council adopts this resolution, the remaining estimated amount of unallocated ARPA funds will be $1,566,212.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.The above recitals are all true and correct.
SECTION 2.Awards the purchase and installation of a wrought iron fence to Hemet Fence in the amount of $66,000 and awards the purchase and installation of the web cam and streaming services to HDOnTap in the amount of $15,000.
SECTION 3.Authorizes the Administrative Services Director to establish a supplemental appropriation in Fund 270 in the amount of $81,000, including a 10% contingency of $8100 for a total amount of $89,100.
SECTION 4. Authorizes the City Manager to execute all documents related to the agreement.
SECTION 5. This Resolution shall take effect upon its adoption.
7.E
CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 26th day of September, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
7.E
CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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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 26 th day of September, 2023, and was passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
John Paul Maier, City Clerk
7.E
HemetFenceCorp25959JuniperFlatsRoadHomeland,CA92548Phone:(951)926-8148Fax:(951)926-1398License#1000432Date:August315*,2023Submittedto:CityofHemetAttention:CharlesRussellHemetFenceCorp.proposesthefollowinginstallations@GibbelParkAllWheelSkatepark.2350W.LathamAve,HemetCA.92545 -Installapprox.654’of7’highcurvetopornamentalIronpregalvanizedandpowdercoatedblack.Allpanelsaremountedto21/2”x21/2”sq.Postand4”x4”gatepost.Allpostaredugindirtandsetinconcretefootings.Anycoredrillingwillbeextracharge.ThisbidDOESincludeprevailingwages Price=$47,938.00SalesTaxIsIncludedSTANDARDEXCLUSIONS-permits,locationofundergroundutilities,staking/surveying,trafficcontrol,concretemowcurbs,clearingoffencelines,asphaltpatching,bondpremium,grounding,engineeringNotes:1:Thepricinginthisproposalisguaranteedfor60days.Acceptancetherea?ermaynecessitatepricingadjustments2:Anydeviationsfromtheabovescopeofworkdirectedbypurchaserattimeofinstallationisagreedbypurchasertobeaddedtotheindicatedpriceonatimeandmaterialbasis.Ifchangesnecessitateadditionaltripsforourcrew,purchaseragreestotheadditionalcharges.Ifthepurchaserrequiresthepricechangepriortoexecutionofthechanges,pleasecontactourofficepromptlytopreventanysurcharges.
X_JohnBrewer Date_08/31/2023mmmm951-956-9285X
7.E
l’
RibHemetFenceCorp25959JuniperFlatsRoadHomeland,CA92548Phone:(951)926-8148Fax:(951)926-1398License#1000432Date:August3151,2023Submittedto:CityofHemetAttention:CharlesRussellHemetFenceCorp.proposesthefollowinginstallations@GibbelParkAllWheelSkatepark.2350W.LathamAve,HemetCA.92545 -Installapprox.896’of7’highcurvetopornamentalIronpregalvanizedandpowdercoatedblack.Allpanelsaremountedto21/2”x21/2”sq.Postand4”x4”gatepost.Allpostaredugindirtandsetinconcretefootings.Anycoredrillingwillbeextracharge.ThisbidDOESincludeprevailingwages Price=$65,677.00SalesTaxIsIncludedSTANDARDEXCLUSIONS-permits,locationofundergroundutilities,staking/surveying,trafficcontrol,concretemowcurbs,clearingoffencelines,asphaltpatching,bondpremium,grounding,engineeringNotes:1:Thepricinginthisproposalisguaranteedfor60days.Acceptancethereaftermaynecessitatepricingadjustments2:Anydeviationsfromtheabovescopeofworkdirectedbypurchaserattimeofinstallationisagreedbypurchasertobeaddedtotheindicatedpriceonatimeandmaterialbasis.Ifchangesnecessitateadditionaltripsforourcrew,purchaseragreestotheadditionalcharges.Ifthepurchaserrequiresthepricechangepriortoexecutionofthechanges,pleaseContactourofficepromptlytopreventanysurcharges.
X_JohnBrewer Date‘_08/31/[email protected]&o.m951-956-9285X
7.E
7.E
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Accepting $536,786.10 in SB 821, "Bicycle and Pedestrian Facilities Program" Funding for the Fiscal Year (FY) 2023 -24 Hemet Various Street Pedestrian Improvements Project, Authorize the Administrative Services Director to Establish a Supplemental Appropriation of $536,786.10 into SB821 (Fund 223) and Establish Measure "A" Match Funds (Fund 222) in the Amount of $383,213.90 to the Project Budget, and Authorize the City Manager to Execute Agreement No. 24-62-013-00 with the Riverside County Transportation Commission
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Adopt a Resolution of the City Council of the City of Hemet, California, Accepting $536,786.10 in SB 821, "Bicycle and Pedestrian Facilities Program" Funding for the FY 23/24 Hemet Various Street Pedestrian Improvements Project.
2. Authorize the Administrative Services Director to Establish a Supplemental Appropriation of $536,786.10 into SB821 (Fund 223) and Establish Measure "A" Match Funds (Fund 222) in the Amount of $383,213.90 to the Project Budget.
3. Authorize the City Manager to Execute Agreement No. 24 -62-013-00 with the Riverside County Transportation Commission
BACKGROUND:
SB 821, Bicycle and Pedestrian Facilities Program, is provided through the Article 3 of the Transportation Development Act (TDA), funded through a ¼ cent of the general sales tax collected statewide. The TDA provides two significant funding sources for public transportat ion; the Local Transportation Fund (LTF) and the State Transit Assistance (STA). The LTF offers to fund for essential transit and commuter rail services, TDA Article 3/SB 821, and planning. Each year, two percent of the LTF revenue is made available on bicycle and pedestrian facility projects through the TDA Article 3/SB 821 program.
For the FY 2023 -24 program cycle, the City submitted two applications, the "Menlo Pedestrian Improvements" and "FY 23/24 Hemet Various Streets Pedestrian Improvements" which would provide
7.F
for sidewalk, curb and gutter, and driveway improvements at specific locations for each project. Out of 29 total applications, 12 projects were recommended for award to the Riverside County Transportation Commission (RCTC) on July 12, 2023.
ANALYSIS:
The Hemet Various Street Pedestrian Improvements Project will construct 3,121 linear feet of new sidewalks, 19 new accessible curb ramps, 1,530 linear feet of curb and gutter, and 6,150 square feet of Americans with Disabilities Act (ADA) compliant driveways.
Improvements are to be made on Latham Avenue, Santa Fe Street, State Street, Menlo Avenue, Gilbert Street, and Alessandro Street where there are currently missing segments of sidewalk with ADA compliance issues.
The next step for this project is t o enter into an agreement with RCTC to accept the project funds totaling $536,786.10 and to complete the project within 36 months of the agreement date.
DISCUSSION:
When applying for the SB 821 grant, the City pledged a 25% match in funds for the proj ect (utilizing Measure 'A' funds). The recommended award requires a 42% match from the City's Measure 'A' funds.
The project has an all inclusive cost estimate of $920,000. This includes administration, design, construction management/inspection services, and construction with contingencies.
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.
The acceptance of the SB 821 funding will allow the City to further enhance the visual appearance and safety of the community to make it attractive and reduce blight.
FISCAL IMPACT:
There is no General Fund impact related to this item.
The revenues and expenditures related to the project are as follows:
SB821 Grant portion will be housed in Fund 223 (58% of project cost) $536,786.10 Measure "A" funds needed to meet City match requirements (42% of project cost) $383,213.90
Measure A funds are already available for this project while the SB821 grant funds will be reimbursed to the City once the project is completed and a reimbursement request is submitted to RCTC.
ALTERNATIVE(S):
Do not approve the acceptance of the FY 2023 -24 SB 821 funding agreement for the Hemet Various Street Pedestrian Improvement Project and provide alternative direction to the City Manager.
7.F
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1_SB821 Resolution
Attachment 2 - RCTC - Funding Agreement No. 24-62-013-00 - SB 821 - Hemet - Various Street Pedestrian Improvements-c1
7.F
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, ACCEPTING $536,786.10 IN
SB 821 “BICYCLE AND PEDESTRIAN FACILITIES
PROGRAM” FUNDING FOR THE FY 23/24 HEMET
VARIOUS STREET PEDESTRIAN IMPROVEMENTS
PROJECT, DIRECT THE ADMINISTRATIVE SERVICES
DIRECTOR TO ESTABLISH A SUPPLMEMENTAL
PROJECT APPROPRIATIONS OF $536,786.10 INTO
SB821 (FUND 223) AND $383,213.90 (FUND 222), AND
AUTHORIZE THE CITY MANAGER TO EXECUTE
AGREEMENT No. 24-62-013-00 WITH RIVERSIDE
COUNTY TRANSPORTATION COMMISSION
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the SB 821 “Bicycle and Pedestrian Facilities Program” is provided through the Transportation Development Act (TDA), funded through a ¼ cent of the general sales tax collected statewide; and
WHEREAS, the TDA provides two major sources of funding for public transportation; the Local Transportation Fund (LTF) and the State Transit Assistance (STA). The LTF provides funding for essential rail services, TDA Article 3/SB 821, and planning. Each year, two percent of the LTF revenue is made available for use on bicycle and pedestrian facility projects through the SB 821 program; and WHEREAS, for FY 23/24, City Staff submitted two applications titled “Meno Avenue Pedestrian Improvements” and “FY 23/24 Hemet Various Street Pedestrian
7.F
CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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Improvements” which would provide for sidewalk, curb & gutter, and driveway improvements at specified locations for each project; and WHEREAS, on July 12, 2023, Riverside County Transportation Commission (RCTC) approved twelve (12) project awards for FY 23/24 SB 821 Bicycle and Pedestrian Facilities, which included $536,786.10 for the FY 23/24 Hemet Various Street Pedestrian Improvements; and
WHEREAS, staff recommends the City Council accept $536,786.10 in SB 821, the “Bicycle and Pedestrian Facilities Program”, funding for the Hemet Various Pedestrian Improvements Project, direct the Administrative Services Director to establish supplemental appropriations of $536,786.10 into SB821 (Fund 223) and $383,213.90 of Measure “A” (Fund 222) for a total project budget of $920,000, and Authorize the City Manager to execute Agreement No. 24-62-013-00 with RCTC in final form as approved by the City Attorney.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
1. Accept $536,786.10 in SB 821, the "Bicycle and Pedestrian Facilities Program", funding for the “Hemet Various Street Pedestrian Improvements”; and
2. Direct the Administrative Services Director to establish a supplemental appropriation of $536,786.10 into SB821 (Fund 223) and $383,213.90 of Measure “A” (Fund 222) for a total project budget of $920,000; and
3. Authorize the City Manager to execute Agreement No. 24-62-013-00 with the Riverside County Transportation Commission in final form as approved by the City Attorney.
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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 26th day of September, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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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 26th day of September, 2023, and was passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
John Paul Maier, City Clerk
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1 AGREEMENT No. 24-62-013-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation Development Act Article 3; Senate Bill 821) This Funding Agreement (“AGREEMENT”) is entered into as of _______, 2023 (“Effective Date”), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and City of Hemet (“RECIPIENT”). RCTC and RECIPIENT may be referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
A. RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.
B. Under RCTC’s SB 821 Bicycle and Pedestrian Facilities Program (“PROGRAM”), cities and counties in the County of Riverside are notified of the availability of PROGRAM funding and a call for projects (“CALL FOR PROJECTS”) is anticipated to be issued biennially by RCTC.
C. On February 6 th, 2023, a CALL FOR PROJECTS was published by RCTC seeking applications for FY 2023/24 PROGRAM funding, which applications were reviewed in accordance with the applicable evaluation criteria included in the CALL FOR PROJECTS.
D. Based on the application attached as Attachment 1 and incorporated herein by this reference, RECIPIENT has been selected to receive PROGRAM funding for its proposed FY 23/24 Various Street Pedestrian Improvements Project (“PROJECT”).
E. Funding for the PROJECT shall be provided pursuant to the terms contained in this AGREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC, which are attached hereto and incorporated herein as Attachment 2.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties mutually agree as follows:
1. Incorporation of Recitals. The Parties acknowledge and agree that the above recitals are true and correct, and hereby incorporate those recitals by this reference into the AGREEMENT.
2. RCTC Funding Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms and conditions set forth herein, a sum not to exceed Five Hundred Thirty-Six Thousand Seven Hundred Eighty Six Dollars and Ten Cents ($536,786.10), to be used exclusively for reimbursing the RECIPIENT for eligible expenses as described herein (“FUNDING AMOUNT”). RECIPIENT acknowledges and agrees that the FUNDING AMOUNT may be less than the actual and final cost of the PROJECT, which final costs are the sole responsibility of RECIPIENT, and RCTC will not contribute PROGRAM funds in excess of
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2 the maximum authorized in this Section 2 unless otherwise mutually agreed to in writing by the PARTIES. In the event the FUNDING AMOUNT is not fully utilized by RECIPIENT for the PROJECT, the unused FUNDING AMOUNT must be returned to RCTC within ninety (90) ninety days of a written request by RCTC unless RECIPIENT can demonstrate in writing, subject to written approval by RCTC in its sole discretion, the following: (i) valid reason for why PROJECT costs were significantly lower than the estimate included in RECIPIENT’s attached application for funding, and (ii) written proposal for how any unused FUNDING AMOUNT will be used for a proposal to support the PROJECT or other use that supports the goals and requirements of the PROGRAM.
2.1 Eligible Project Costs. Reimbursement for PROJECT costs (“REIMBURSEMENT”) may only include those items expressly allowed for under Article 3 of the Transportation Development Act (California Public Utilities Code section 99200 et seq .), which provides that funding shall be allocated for the construction, including related engineering expenses, of facilities based on the PROGRAM policies adopted by RCTC, provided that such items are included in the scope of work included in the application, attached as Attachment 1 (“SCOPE OF WORK”). All PROJECT costs not included in the SCOPE OF WORK and not expressly permitted under Article 3 of the Transportation Development Act and the PROGRAM policies shall be considered ineligible for REIMBURSEMENT. In the event the SCOPE OF WORK needs to be amended, RECIPIENT shall submit a scope change request electronically via RCTC’s online tracking and reporting system known as the Rivtrack system and accessible at https://rivtrack.rctc.org/ (“Rivtrack system”). The electronically submitted scope change request must include the reasons for the requested change and confirmation that costs associated with the proposed amendment are eligible for PROGRAM reimbursement. Such request is subject to written approval by RCTC, in RCTC’s sole discretion.
In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable law, the following order of precedence will govern: (1) applicable law; (2) PROGRAM policies; (3) this AGREEMENT. In the case of any conflict between this Agreement and any of its attachments, the body of this Agreement shall govern. Notwithstanding the foregoing, in the case of a conflict, the most stringent requirement shall govern, unless prohibited by applicable law or otherwise agreed upon by RCTC.
2.2 Timing for Project Completion. In accordance with the PROGRAM policies attached hereto as Attachment 2, RECIPIENT has thirty-six (36) months to complete the PROJECT from the date of this AGREEMENT, unless otherwise agreed to in writing by the PARTIES. If the PROJECT is not completed within 36 months, RCTC shall have the sole discretion to delete the PROJECT from the PROGRAM and reprogram the funding for future approved PROGRAM projects. RECIPIENT will not be reimbursed until the PROJECT is accepted as complete by RCTC following the submission of the PROGRAM funding claim form completed electronically via the Rivtrack system. In the event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a time extension request electronically via the Rivtrack system. Before and after PROJECT photographs must be uploaded with the CLAIM FORM upon PROJECT completion, as well as copies of paid invoices and any other backup requested for repayment and audit purposes.
2.3 Increases in Project Funding. The FUNDING AMOUNT may, at RCTC’s sole discretion, be augmented with additional PROGRAM funds and local agency match funds proportionate to the amounts included in Section 3 if there is a FUNDING AMOUNT balance and the RECIPIENT provides justification as to the reason for the funding
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3 increase. Any such increase in the FUNDING AMOUNT must be approved in writing by RCTC’s Executive Director and RCTC shall be under no obligation whatsoever to approve any increase in the FUNDING AMOUNT. No such increased funding shall be expended to pay for any PROJECT work already completed.
2.4 Cost Savings. In the event that bids or proposals for the PROJECT are lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT shall be reduced through an amendment to the AGREEMENT. RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be returned to RCTC or may be reprogrammed with written approval by RCTC for other RECIPIENT projects that align with the PROGRAM.
No PROGRAM funding may be used for projects not approved by RCTC. If RECIPIENT provides a local match commitment and there are cost savings on the PROJECT, RCTC will still be reimbursed at the matching ratio as presented in the Project application despite such cost savings in accordance with PROGRAM policies.
2.5 No Funding for Temporary Improvements. Only segments or components of improvements that are intended to form part of or be integrated into the PROJECT may be funded by PROGRAM funds. No improvement(s) which is/are temporary in nature, including but not limited to temporary lanes, curbs, or drainage facilities, shall be funded with PROGRAM funds except as needed for staged construction of the PROJECT.
2.6 Review and Reimbursement by RCTC. Upon submission into Rivtrack, of the final detailed invoice from the RECIPIENT clearly documenting work completed and corresponding costs, RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the RECIPIENT within thirty (30) days. In the event that RCTC disputes the eligibility for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Additional details concerning the procedure for the RECIPIENT’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Attachment 2.
2.7 Recipient’s Funding Obligation to Complete the Work; Limitation of RCTC Obligations. In the event that the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may be required to complete the PROJECT. RCTC has no obligation with respect to the safety of any work performed under the SCOPE OF WORK, for the PROJECT, or at a PROJECT site. Further, RCTC shall not be liable for any action of RECIPIENT or its contractors relating to the condemnation of property undertaken by RECIPIENT or construction related to the PROJECT.
2.8 Recipient’s Obligation to Repay Program Funds to RCTC. In the event it is determined, whether through a post-completion audit or otherwise, the PROJECT was not completed in accordance with the PROGRAM requirements or this AGREEMENT, RECIPIENT agrees that any PROGRAM funds distributed to RECIPIENT for the PROJECT shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues, if applicable. RECIPIENT acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due to RECIPIENT, in an amount not to exceed the total of the PROGRAM funds distributed to RECIPIENT, and/or initiate legal action to compel repayment,
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4 if the RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one hundred eighty (180) days, including any good faith negotiations, from receipt of written notification from RCTC that repayment is required due to failure to comply with the PROGRAM policies or this AGREEMENT.
2.9 Records Retention and Audits. RECIPIENT shall retain all PROJECT records in an organized manner for a minimum of three (3) years following completion of the PROJECT. PROJECT records shall be made available for inspection by RCTC upon request. If a post PROJECT audit or review indicates that RCTC has provided reimbursement to the RECIPIENT in an amount in excess of the FUNDING AMOUNT set forth in Section 2, or has provided reimbursement of ineligible PROJECT costs, the RECIPIENT shall reimburse RCTC for the excess or ineligible payments within thirty (30) days of notification by RCTC. This Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.8 or applicable law.
3. Recipient’s Local Match Contribution. RECIPIENT shall provide at least Three Hundred Eighty Three Thousand Two Hundred Thirteen Dollars and Ninety Cents ($383,213.90) of funding toward the SCOPE OF WORK, as indicated in RECIPIENT’S application attached as Attachment 1 and submitted to RCTC in response to its CALL FOR PROJECTS.
RECIPIENT costs related to (i) preparation and administration costs related to invoices, billings and payments; (ii) any RECIPIENT fees attributed to the processing of the SCOPE OF WORK; and (iii) expenses for items not included within the attached SCOPE OF WORK shall be borne solely by the RECIPIENT and shall not qualify towards RECIPIENT’s local match requirement in this Section 3.
4. Term: The term of this AGREEMENT shall be from the date first herein above written until:
(i) the date RCTC formally accepts the PROJECT as complete, pursuant to Section 2.2; (ii) termination of this AGREEMENT pursuant to Section 14; or (iii) RECIPIENT has fully satisfied its obligations under this AGREEMENT. All applicable indemnification and insurance provisions of this AGREEMENT shall remain in effect following the termination of this AGREEMENT.
5. Recipient Responsibilities. RECIPIENT shall be responsible for all aspects of the PROJECT, in compliance with all applicable state and federal laws, including: (i) development and approval of plans, specifications and engineer’s estimate in accordance with all applicable laws, regulations and building codes; obtaining any necessary environmental clearances; right of way acquisition; and, obtaining all permits required by impacted agencies prior to commencement of the PROJECT; (ii) all aspects of procurement, contracting, and administration of the contracts and claims for the PROJECT; (iii) all construction management of any construction activities undertaken in connection with the PROJECT, including surveying and materials testing; and, (iv) development of a budget for the PROJECT and SCOPE OF WORK prior to award of any contract for the PROJECT, taking into consideration available funding, including PROGRAM funds.
6. Indemnification. RECIPIENT shall defend, indemnify and hold RCTC, its officials, governing board members, officers, employees, agents, and consultants free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property, persons or government funding agency, including wrongful death ,arising out of or incident to any intentional or negligent acts, errors or omissions of the RECIPIENT, its officials, officers, employees, agents, consultants and
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5 contractors arising out of or in connection with the performance of this AGREEMENT, the PROJECT or the SCOPE OF WORK. RECIPIENT’S obligation to indemnify includes without limitation the payment of all consequential damages and reasonable attorneys’ fees, expert witness fees and other related costs and expenses of defense. RECIPIENT shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against RCTC, its officials, officers, employees, agents, and consultants in connection with this AGREEMENT.
RECIPIENT shall pay and satisfy any judgment, award or decree that may be rendered against RCTC, its officials, officers, employees, agents, and consultants in any such suits, actions or other legal proceedings, including any settlement. RECIPIENT’s obligation to indemnify shall not be restricted to insurance proceeds. The indemnity obligation shall not apply to the extent of any negligence or willful misconduct of RCTC, its officials, officers, employees, agents, and consultants. This section shall survive the expiration or termination of this Agreement.
7. Expenditure of Funds by Recipient Prior to Execution of Agreement. RECIPIENT may commence the Project starting July 1, 2023, and costs incurred following such date will be eligible for reimbursement under this AGREEMENT, provided they otherwise meet the requirements herein, and provided that this AGREEMENT is executed no later than October 1, 2023.
8. Compliance with Applicable Laws and Insurance. RECIPIENT agrees to comply with all applicable laws and regulations, including public contracting laws, requirements for any local state or federal funding used, and records retention and performance reporting requirements concerning the SCOPE OF WORK and PROJECT, which applicable laws and regulations shall be passed on to contractors by RECIPIENT as applicable. RECIPIENT shall have the responsibility of making sure the appropriate amounts of insurance are included in all applicable agreements for the construction of the PROJECT and RCTC shall be named as an Additional Insured on all insurance certificates obtained for the completion of the PROJECT.
PROJECT insurance funds shall be looked to first for the repayment of any claims determined to have merit.
9. Representatives of the Parties. RCTC’s Executive Director, or his or her designee, shall serve as RCTC’s representative and shall have the authority to act on behalf of RCTC for all purposes under this AGREEMENT. RECIPIENT’s representative shall be the individual identified in the Project application as RECIPIENT’S representative to RCTC.
RECIPIENT’S representative, or designee, shall have the authority to act on behalf of RECIPIENT for all purposes under this AGREEMENT and shall coordinate all activities with RCTC concerning the SCOPE OF WORK under the RECIPIENT’s responsibility.
RECIPIENT shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the PROJECT.
10. Monitoring of Progress by RCTC. RECIPIENT shall allow RCTC’s designated representative, or designee, to inspect or review the progress of the work at any reasonable time with prior written notice by RCTC. RCTC may request that the RECIPIENT provide RCTC with progress reports concerning the status of the SCOPE OF WORK and PROJECT completion.
11. Binding on Successors in Interest. Each and every provision of this AGREEMENT shall be binding and inure to the benefit of the successors in interest of the Parties. Due to the
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6 specific obligations contemplated herein, this AGREEMENT may not be assigned by any Party hereto except with the prior written consent of the other Party.
12. Independent Contractors. Any person or entities retained by RECIPIENT or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC.
Any personnel performing services on the PROJECT shall at all times be under the exclusive direction and control of the RECIPIENT or contractor, whichever is applicable. The RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the SCOPE OF WORK and as required by law. The RECIPIENT or contractor shall be responsible for all reports and obligations concerning such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.
13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of RECIPIENT or RCTC, during the term of his or her service with RECIPIENT or RCTC, as the case may be, shall have any direct interest in this AGREEMENT, or obtain any present or anticipated material benefit arising therefrom.
14. Termination. This AGREEMENT may be terminated for cause or convenience as further specified below.
14.1 Termination for Convenience. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof.
14.2 Effect of Termination for Convenience. In the event that RECIPIENT terminates this AGREEMENT for convenience, RECIPIENT shall, within 180 days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. In the event that RCTC terminates this AGREEMENT for convenience, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT. This AGREEMENT shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 14.
14.3 Termination for Cause. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other Party of such termination and specifying the effective date thereof. The written notice shall provide a thirty (30) day period to cure any alleged breach. During the 30 day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured.
14.4 Effect of Termination for Cause. In the event that RECIPIENT terminates this AGREEMENT in response to RCTC's uncured material breach hereof, RCTC shall, within ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination. In the event that
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7 RCTC terminates this AGREEMENT in response to the RECIPIENT's uncured material breach hereof, the RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. Notwithstanding termination of this AGREEMENT by RCTC pursuant to this Section 14.4, RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information. This AGREEMENT shall terminate upon receipt by the terminating Party of the amounts due it under this Section 14.4.
14.5 No Program Funding. In the event that RCTC determines there are inadequate PROGRAM funds for whatever reason, RCTC shall have the right to immediately terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC terminates this AGREEMENT under this Section 14.5, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT.
14.6 Cumulative Remedies. The rights and remedies of the Parties provided in this Section 14 are in addition to any other rights and remedies provided by law or under this AGREEMENT.
15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the other Party. All notices and communications between the Parties to this AGREEMENT shall be addressed as set forth below and provided by any of the following methods (i) personally delivered; (ii) sent by electronic mail, with a subject line clearly identifying this AGREEMENT, read receipt requested, and a cc: provided to the identified staff; (iii) sent by first-class mail, return receipt requested; or (iv) sent by overnight express delivery service with postage or other charges fully prepaid. Notwithstanding the foregoing, notices of dispute or termination sent by electronic mail must be followed by hard copy mailed notice to be effective. Notwithstanding the foregoing, invoices and requests for changes to the SCOPE OF WORK, shall be submitted through the Rivtrack system as specified in this AGREEMENT.
TO RCTC: TO RECIPIENT:
Anne Mayer
Executive Director
RCTC
4080 Lemon Street, 3rd Floor
Riverside, California 92501
Phone: (951) 787-7141
e-mail: [email protected]
cc: [email protected]
Mark Prestwich
City Manager
City of Hemet
445 E. Florida Avenue
Hemet, CA 92543
(951) 765-2360
[email protected]
Any party may update its address and contact information by providing written notice of the new information to the other Parties in accordance with this Section 15.
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8 16. Prevailing Wages. RECIPIENT is alerted to the requirements of California Labor Code Sections 1770 et seq., which require the payment of prevailing wages where the SCOPE OF WORK or any portion thereof is determined to be a “public work,” as defined therein.
RECIPIENT shall ensure compliance with applicable prevailing wage requirements by any person or entity hired to perform the SCOPE OF WORK or any portion thereof falling within the definition of “public work.” RECIPIENT shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation reasonable attorneys’ fees, arising from any failure or alleged failure to comply with California Labor Code Sections 1770 et seq. on the PROJECT.
17. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no Party, agent or representative of the other Party has made any promise, representation or warranty, express or implied, not expressly contained in this AGREEMENT, that induced the other Party to sign this document. Modifications to this AGREEMENT shall be in the form of a written amendment executed by authorized representatives of the Parties to be bound.
19. Governing Law; Venue and Severability. This AGREEMENT shall be governed by, and be construed in accordance with, the laws of the State of California. Venue shall be in Riverside County. If any portion of this AGREEMENT is found to be unenforceable by a court of law with appropriate jurisdiction, the remainder of the AGREEMENT shall be severable and survive as binding on the Parties.
20. Attorneys’ and Other Fees. If any legal action is initiated for the enforcement/interpretation of this AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this AGREEMENT, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled as determined by a court of law or appointed decider under alternative legal proceedings.
21. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
22. Section Headings and Interpretation. The section headings contained herein are for convenience only and shall not affect in any way the interpretation of any of the provisions contained herein. The AGREEMENT shall not be interpreted as being drafted by any Party or its counsel.
23. No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions in this AGREEMENT shall not be deemed a waiver of
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9 such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power provided under applicable law.
24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT.
25. Counterparts. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, but all which together will constitute but one agreement.
26. Form of Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature.
27. Survival. All rights and obligations under this AGREEMENT that by their nature are to continue after any expiration or termination of this AGREEMENT shall survive any such expiration or termination.
[SIGNATURES ON NEXT PAGE]
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1010
SIGNATURE PAGE
TOTO
AGREEMENT NO. 2424-6262-013-0000
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their duly authorized representatives as of the Effective Date.
RCTC
By:____________________________
Anne Mayer, Executive Director
RECIPIENT
CITY OF HEMET
By:______________________________
Name: _________________________
Title: __________________________
APPROVED AS TO FORM
Best, Best & Krieger LLP
By: _ _______________________
General Counsel to RCTC
APPROVED AS TO FORM
By: _____________________________
Name: ___________________________
Title: ____________________________
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Attachment 1
ATTACHMENT 1
(RECIPIENT APPLICATION FOR FUNDING)
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Questionnaire Tab
Email address:
Project Name:
Has this Project been previously awarded in a past SB 821 Cycle? NoNo
Yes, in 17-18 FY Cycle
Yes, in 19-20 FY Cycle
Yes, in 21-22 FY Cycle
Lead Agency:
Memorandum of Understanding
By October 1, 2023, awardees will execute the Project MOU with the Commission. To streamline the process, please provide the name and contact information or the individual who will be the signatory on the MOU.
This is typically the City Manager, City Engineer, or Public Works Director.
MOU Signatory *
Title: *
Email address: *
Project Contact Person
Provide contact information for Project's contact person. This could be the Public Works Director, the Project Manager, or other City/County Staff.
Project Contact is the same as current user
Project Contact Person: *
Title: *
Email address: *
Phone Number: *
Project Overview
Project Type (check all that apply) *
Bicycle Project
Pedestrian Project
Multi-use Trail Project
Non-Infrastructure/Plan
Project Locate in a Disadvantage Community, per SB-535? * Yes
NoNo
Partial
Does the proposed project include any of the following (check all that apply)? * Curb
Gutter
Driveway Ramp
Project does not include any of the above
Is the benefit provided for the exclusive use of bicyclist/pedestrian? * Yes
NoNo
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Project Application Tab
Project Number: 000190 Agency: Hemet
Project Type: Pedestrian Project
Project Name: FY 23/24 Various Street Pedestrian
Improvements
Status: Submitted To RCTC
A. Scope of Work (500 Characters)
184 of 500 Characters
B. Funding
Enter the project costs for PA/ED, PS&E, ROW, Construction and Local Match in the fields provided below. The gray fields contain formulas that will calculate the Total Project Cost, SB 821 Request, and the Percentage Splits.
PA & ED:
PS & E:
ROW:
Construction:
Administration:
Total Project
Cost:
Agency Split %
Local Match:
SB 821
Request:
RCTC Split %
Local Match:
SB 821
Request:
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C. Schedule
For completed phases, provide supporting documentation such as copies of environmental clearance, title sheet of 100% plans with engineer’s stamp, or right of way clearance and attach in section J.
PA & ED:
PS & E:
ROW:
Construction:
Close out:
D. Project Background & Project Description
Describe the project background and the existing conditions of the larger project area and or project vicinity.
Discussion can include background information on current roadway configuration, missing bike and pedestrian facilities, and importance of project to local active transportation users. If possible, upload photographs of existing conditions.
Describe the project in its entirety. Include the purpose and need, benefit, and location of the project. Provide a map showing existing and proposed project improvements. If available, upload typical cross-sections showing vehicular lane widths, active transportation facilities width, and any landscaping or lighting features in section J.
There is a need throughout the City to connect intermittent sidewalk segments and to install ADA access ramps for the safety of all pedestrians, bicyclists and those who use motorized wheel chairs. The proposed project will provide an area wide benefit to residents and all who frequent the area by connecting sidewalk segments and ADA compliant access ramps with continuous sidewalk routed on the various project street segments. The proposed project is expected to promote increased pedestrian use for school aged children participating in sports at the nearby sports complex/recreation center, and community park. In addition, the sidewalk connection will help encourage and facilitate the area residents to walk to nearby businesses, community functions, local shopping centers, County offices and community bus stops (Exhibit A & B).
Installation of the proposed sidewalk segments and ADA ramps will enhance safety for pedestrians and bicyclists by assisting in establishing these routes as practicable transportation alternatives for area residents who otherwise use an automobile. This pathway connects to the local Court House, County Offices, and Valley Wide Recreation which serves as the main sports complex in the valley for Hemet and San Jacinto residents and all who frequent the area. Traffic is often congested in this area and pedestrians walk along the street as they walk or bike to and from the complex. The lack of sidewalk connecting to the existing sidewalks does not effectively separate pedestrians from vehicular traffic. The project street connects to both an important commercial and residential lined collector street which provides access from a high-density, single and multi-family residential area to heavily traveled streets.
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E. Destinations Served (2 points for each destination served, max 14 points) Briefly summarize and list all the destinations served by the proposed project. Provide a project vicinity map identifying all the destinations served by the proposed project within a ¾ mile or a 2-mile radius. Destinations are schools or higher education facilities, commercial centers, municipal or any other civic centers, medical facilities, and recreational centers.
For pedestrian projects, the destinations need to be within ¾ mile radius to be eligible. For bicycle or multi-use trail projects, destinations need to be within a 2-mile radius. Each destination served will receive 2 points each.
On the map, provide a ¾ mile buffer or a 2-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points.
This project will serve the disadvantaged community, residents in the project area and provide safer and more accessible routes to their destinations. It has a high potential to attract users who would otherwise use an automobile and also encourage more residents living in the surrounding areas to feel safe to walk to nearby amenities and establishments instead of using an automobile. There are long stretches of missing links in sidewalks on the proposed area, which makes this project beneficial to the many school aged children and elderly in the surrounding residential areas who walk, ride bicycles and use motorized wheel chairs to access the nearby recreation center & community park, school, churches, community bus stops and shopping centers (Exhibit B, C and D). The sidewalk gap closures will provide a safe path to walk to and from nearby establishments while separating pedestrians from vehicular traffic and prevents both injuries and fatalities. It will provide the much needed safe routes to local destinations and create a more walkable community for all residents. Destinations Served w/in ¾ Mile: Valley- Wide Regional Park; Charter School; Medical Offices; RTA Bus Stops; County Offices; WIC Office; County Court Building; Self Storage Facilities; Restaurants; Shopping Centers; Community Churches; Local Child Care.
F. Safety (max 15 points)
Describe the extent to which the proposed project will increase safety for the non-motorized public. Additionally, explain any safety enhancement features included in the project scope, such as rectangular rapid flashing beacons, bicycle box (see https://safety.fhwa.dot.gov/provencountermeasures/). Include information about project characteristics such as: no existing shoulder within project limits, no existing/planned sidewalk or bikeway adjacent to the project, etc. Applicants may wish to consider including documented pedestrian/bicycle collision or injury history, most current and valid 85th percentile speed of motorized traffic in project limits, photos of existing safety hazards the project will address, existing pedestrian/bicycle traffic counts, student attendance figures for school served by project.
Additionally generate a collision heat map for the project site using collision data from the last ten years. Heat map can be generated using the ATP Maps & Summary interface from TIMS (https://tims.berkeley.edu/) or Crossroads.
Upload map in section J.
Connection of the existing sidewalk facilities will enhance safety by more effectively separating pedestrians from vehicular traffic along the project roadway segments. All of the major trip generators are within walking distance of the project sites (Exhibit B, C and D). The proposed project will provide safety to all users of the sidewalks in the local area. Installation of missing sidewalk segments and ADA access ramps will improve the mobility, reduce exposure to vehicular traffic and is a cost effective way to improve pedestrian safety. The proposed sidewalk improvements will benefit those who walk, ride bikes and use motorized wheel chairs. It will upgrade the infrastructure and close the sidewalk gaps to resolve connectivity for all who frequent the area. The lack of safe pedestrian facilities discourages pedestrians from walking these areas. Providing continued walking paths will improve physical access to existing pedestrian facilities, enhancing pedestrian safety and provide an increased level of safety for all to walk for their personal health benefits.
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G. Multimodal Access (1 point each, max 6 points)
In a project vicinity map, identify all the bus routes, Metrolink stations, park-and-ride facilities, bicycle lanes, sidewalks or crosswalks improved by the proposed project within a ¾ mile or a 2-mile radius.
For pedestrian projects, these amenities need to be within ¾ mile radius to be eligible. For bicycle or multi-use trail projects, amenities need to be within a 2-mile radius. Each amenity will receive 1 point.
On the map, provide a ¾ mile buffer or a 2-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. Upload map in section J.
Below, discuss how the project along with its nearby amenities encourage multi-modalism. Briefly summarize and list all the bus stops, Metrolink Stations, park-and-ride facilities, missing bicycle or sidewalks, or crosswalks enhanced by the proposed project and indicate if the items are existing or planned.
The City of Hemet has taken a very active role to ensure necessary facilities are put in place to encourage pedestrians to keep walking to local destinations by establishing the safest routes possible. This project will help provide continued walking paths to improve physical access to existing pedestrian facilities. The goal is to provide the gap closures in the sidewalks. This will make pedestrians feel more secure and comfortable to walk to and from nearby bus stops. Residents will be more comfortable walking along a roadway with continuous sidewalk and ADA compliant access ramps (Exhibit C and D). The proposed project will improve pedestrian safety and enhance access to destinations for foe elderly and disabled citizens who live in and frequent the area. An assessment based on infrastructure deficiencies, safety concerns, and knowledge of routes pedestrians take to walk or bike to destinations has led to the City’s concern of the lack of continuous sidewalks and curb ramps along main walking routes to destinations in different sections of the community. This project will serve the disadvantaged community, Hemet and San Jacinto residents and all who frequent in the project area by providing safer and more accessible routes. Not only will this project provide Safe Routes to local destinations, it will also provide suitable sidewalks for anyone walking up and down the various street segments.
H. Matching Funds (max 10 points)
Local Match:
SB 821 Request:
50% 1010
45% 9
40% 8
35% 7
30% 6
25% 5
20% 4
15% 3
10% 2
5%5% 1
0%0% 0
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I. Population Equity (max 5 points)
Agency: Hemet Population Equity Points
J. Attachments
Upload attachments indicated from previous sections.
FY2334 Various Street SB 821 Match Commitment.pdf Commitment to Local Match FY2334 Various Street Ped Imp - Safety Map and Data.pdf Safety Project Map Cost Estimate Various Streets Pedestrian Improv. FY 23-24 042723.pdf Project's Engineers Estimate FY2334 Various Street SB 821 - Exhibit D.pdf Multimodal Access Project Map FY2334 Various Street SB 821 - Exhibit C.pdf Destinations Served Project Map FY2334 Various Street SB 821 - Exhibit A.pdf Project Background & Project Description Map K. Certification
I certify that the information presented herein is complete and accurate.
Name: Noah Rau
Date: 04/28/2023
Title: Senior Management Analyst
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Appendix B
City of Hemet Engineering Department
445 E. Florida Avenue, Hemet, CA 92543
Project Name: Various Streets Pedestrian Improvements FY 23-24 Estimated Cost Estimate
No. Description Quantity Unit $/Unit Amount
1 Const. PCC Sidewalk (4 in. Thick) 16,629 Sq. Ft. 10$ 166,290$ 3 Const. Drive Approach (6 in. Thick) 6,150 Sq. Ft. 15$ 92,250$ 3 Const. Curb and Gutter (8 in./24 in.) 1,530 L. Ft. 75$ 114,750$ 4 Reconstruct Curb Return 1 L.S. $ 30,000 30,000$
5 Const. Adjacent AC Pav't (6 in. Thick) 10,879 Sq. Ft. 5$ 54,395$ 6 Const. ADA Compliant Wheelchair Ramp 19 Ea. 7,000$ 133,000$ 7 Install Truncated Domes 2 Ea. 1,000$ 2,000$
8 Relocate Pole Type Traffic Signs 2 Ea. 1,001$ 2,002$ 9 Remove Street Tree 6 Ea. 1,000$ 6,000$
10 Relocate Water Meter/Backflow 20 Ea. 2,000$ 40,000$ 11 Relocate Chain Link Fence 240 L. Ft. 30$ 7,200$ Total Estimated Amount: 647,887$
10% - Construction Contingency: 64,789$
10 % - Const. Mgt. and Inspection: 64,789$
3% - Testing: 19,437$
3% - Labor Compliance: 19,437$
Total Estimated Construction Cost: 816,338$
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04/27/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 1/6
ATP Maps & Summary Data
The tool is designed to support the California Active Transportation Program (ATP), as well as active transportation users and practitioners throughout California. The tool utilizes interactive crash maps to allow users to track and document pedestrian and bicycle crashes and generate data summaries within specified project and/or community limits.
Step 1: Select a County/City, Bike/Ped, Severity, and Years County: Riverside
City: Hemet
Include 1 mile buffer outside of selected County/City: No Include State Highway Related Crashes: Yes
Involved With: Pedestrian and Bicycle
Crash Severity: Fatal, Severe Injury, Other Visible Injury, and Complaint of Pain Year: 2017 - 2022
Crash Summary for initial parameters defined above:
Number of Crashes by Crash Severity
Involved With Fatal Severe Injury Visible Injury Complaint of Pain Total Bicycle 2 7 5757 5454 120
Pedestrian 3131 2424 8787 7474 216
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04/27/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 2/6
County/City Heat Map:
Step 2: Identify your project area to develop a more localized Community Heat Map
Select the size of your proposed project limits: Less than 3 miles across.
The heat map
intensity scale is
constant
throughout the
state.
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04/27/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 3/6
Community Heat Map:
Step 3: Draw the project boundaries to get detailed crash data summaries and map
The heat map intensity scale is
custom generated for the
selected community.
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04/27/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 4/6
Project Area Crash Map: 44 total crashes.
Step 4: Review the project-specific crash map
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04/27/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 5/6
Step 5: Review the crash summary data, graphs and tables provided.
Summary Results
Involved With Fatal Severe Injury Visible Injury Complaint of Pain Total Bicycle 0 0 5 7 1212
Pedestrian 5 5 1515 7 3232
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Crash List
CASE ID Date Time Primary Rd Secondary Rd Dist & Dir
from Int.
Bike Ped Killed Injured
8201644 02/04/2017 10:57 Santa Fe St Latham Av At Int Yes NoNo 0 1 8362629 04/18/2017 12:39 Oakland Av Buena Vista St 148 ft East NoNo Yes 0 1 8420724 07/15/2017 06:43 Oakland Av San Jacinto St 6 ft West Yes NoNo 0 1 8503567 08/25/2017 20:47 State St Menlo Av 535 ft North NoNo Yes 0 1 8485156 09/07/2017 20:46 State St Menlo Av 170 ft North Yes NoNo 0 1 6678386 09/24/2017 20:05 San Jacinto St Oakland Av At Int NoNo Yes 1 0 8493278 09/28/2017 19:38 San Jacinto St Latham Av 275 ft South NoNo Yes 0 1 8495656 10/06/2017 14:41 Menlo Av San Jacinto St 322 ft West Yes NoNo 0 1 8529834 11/16/2017 19:58 Menlo Av Girard St 12 ft West NoNo Yes 0 1 8583579 11/25/2017 13:55 Menlo Av State St At Int Yes NoNo 0 1 8543641 01/10/2018 17:45 San Jacinto St Latham Av 19 ft South NoNo Yes 0 1 8556416 01/31/2018 20:27 Latham Av Juanita St At Int NoNo Yes 0 1 8648222 05/16/2018 22:16 San Jacinto St Menlo Av 504 ft South NoNo Yes 1 0 8648204 07/12/2018 21:15 Menlo Av Haley Wy 110 ft East NoNo Yes 1 0 8714798 08/14/2018 16:26 Thompson St Latham Av 120 ft South NoNo Yes 0 2 8749951 10/23/2018 21:10 San Jacinto St Devonshire Av At Int NoNo Yes 0 1 8771689 11/16/2018 06:59 Buena Vista St Menlo Av At Int Yes NoNo 0 1 8842841 02/18/2019 13:45 San Jacinto St Oakland Av 650 ft North NoNo Yes 0 3 8849625 02/28/2019 08:49 San Jacinto St Devonshire Av At Int NoNo Yes 0 1 8858143 03/27/2019 13:03 Terry Ln Devonshire Av At Int Yes NoNo 0 1 8947884 07/05/2019 15:18 State St Menlo Av 461 ft North Yes NoNo 0 1 8983617 09/22/2019 19:37 San Jacinto St Devonshire Av 171 ft South NoNo Yes 0 1 8981105 10/30/2019 12:23 State St Menlo Av At Int Yes NoNo 0 1 9078569 11/07/2019 19:56 San Jacinto St Oakland Av 75 ft North NoNo Yes 0 1 9034379 11/25/2019 14:03 San Jacinto St Latham Av 139 ft South NoNo Yes 0 1 9090054 01/17/2020 00:30 Juanita St Devonshire Av 75 ft North NoNo Yes 0 1 9081176 02/19/2020 16:20 State St Oakland Av At Int NoNo Yes 0 1 9071378 02/24/2020 12:37 San Jacinto St Latham Av At Int NoNo Yes 0 1 9088785 03/05/2020 11:24 Menlo Av Santa Fe St At Int NoNo Yes 0 1 9097133 03/10/2020 10:58 San Jacinto St Devonshire Av At Int NoNo Yes 0 1 9127557 07/08/2020 22:16 State St Menlo Av 450 ft North NoNo Yes 0 2 9152681 08/20/2020 10:40 Latham Av Thompson St At Int Yes NoNo 0 1 9166340 08/31/2020 00:35 Menlo Av Alessandro St 61 ft East NoNo Yes 0 1 8911826 09/15/2020 22:04 Menlo Av Glenn Wy At Int NoNo Yes 1 0 9211564 10/31/2020 01:25 Rt 79 Oakland Av 652 ft North NoNo Yes 1 0 9212792 12/01/2020 18:40 San Jacinto St Oakland Av 2 ft North NoNo Yes 0 1 9241088 02/10/2021 15:42 Menlo Av State St 197 ft East Yes NoNo 0 1 81592576 08/20/2021 10:13 Oakland Ave Weston Pl 121 ft West NoNo Yes 0 1 81578170 08/25/2021 18:17 Menlo Ave State St 20 ft West NoNo Yes 0 1 81694007 10/04/2021 14:26 Oakland Ave Buena Vista St 249 ft East Yes NoNo 0 1 81694254 10/06/2021 14:35 San Jacinto St Latham Ave 125 ft South NoNo Yes 0 1 81727184 02/08/2022 17:52 Buena Vista St Menlo Ave 187 ft South NoNo Yes 0 1 81897168 10/08/2022 22:53 Menlo Ave Froude Way At Int NoNo Yes 0 7 81918779 10/24/2022 17:39 San Jacinto St Oakland Ave At Int NoNo Yes 0 1 04/27/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 6/6Page 36 of 39
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17336.00005\41471305.2
Attachment 2
ATTACHMENT 2
(PROGRAM POLICIES)
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE
AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES
Transportation Development Act Policies
1. Up to 5% of Article 3 apportionment can be used to supplement other funding sources used for bicycle and safety education programs; the allocation cannot be used to fully fund the salary of a person working on these programs.
2. Article 3 money shall be allocated for the construction, including related engineering expenses, of the facilities, or for bicycle safety education programs.
3. Money may be allocated for the maintenance of bicycling trails, which are closed to motorized traffic.
4. Facilities provided for the use of bicycles may include projects that serve the needs of commuting bicyclists, including, but not limited to, new trails serving major transportation corridors, secure bicycle parking at employment centers, park and ride lots, and transit terminals where other funds are available.
5. Within 30 days after receiving a request for a review from any city or county, the transportation-planning agency shall review its allocations.
6. Up to 20 percent of the amount available each year to a city or county may be allocated to restripe Class II bicycle lanes.
7. A portion of each city’s allocation may also be used to develop comprehensive bicycle and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support utilitarian bike/pedestrian travel rather than solely recreational activities; a maximum of one entire allocation per five years may be used for plan development.
8. Allowable maintenance activities for the local funds are limited to maintenance and repairs of Class I off-street bicycle facilities only.
RCTC Policies
1. The SB 821 Call for Projects will occur on a biennial basis, with a release date of the first Monday of every other February and a close date of the last Thursday of every other April, beginning in 2015.
2. If a project cannot be fully funded, RCTC may recommend partial funding for award. To handle tiebreakers, RCTC will use, in terms of priority, the safety question first then construction readiness.
3. Agencies awarded funds will not be reimbursed for any project cost overruns.
4. Agencies being awarded an allocation will be reimbursed in arrears only upon submitting adequate proof of satisfactory project completion. Claims need to
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17336.00005\41471305.2
Attachment 2
include: the claim form, copies of paid invoices, a copy of the Notice of Completion (NOC), and photographs of the completed project.
5. The allocated amount represents the maximum amount eligible for reimbursement.
For projects completed under the allocated amount, the agency will be reimbursed at the matching ratio as presented in the application.
6. An agency will have thirty-six (36) months from the time of the allocation to complete the project. There will be no time extensions granted unless the reason for the delay can be demonstrated. Where substantial progress or a compelling reason for delay can be shown, the agency may be granted administrative extensions in twelve-month increments at the discretion of the Executive Director.
7. Any programmed and unused Article 3 Program funds will be forfeited unless that agency can a) utilize the unused funds to complete projects that are the same or similar in scope and/or are contiguous to the approved project or b) apply the funds to a project previously submitted under an Article 3 call for projects and approved by the Commission, subject to Executive Director approval.
8. Design and construction of facilities must conform to the general design criteria for non-motorized facilities as outlined in the Caltrans Highway Design Manual.
9. Temporary facilities, projects in the bid process, or projects that are under construction will not be funded.
10. The SB 821 evaluation committee will be comprised of a minimum of five evaluators representing a wide range of interests; such as: accessibility, bicycling, Coachella Valley, public transit, and the region. Staff, consultants, and other representatives from agencies submitting project proposals will not be eligible to participate on the evaluation committee that year.
11. Following each call, staff will monitor the equity of allocations to Coachella Valley versus Western Riverside County; the allocation should be relative to what the Coachella Valley’s share would have been if distributed on a per capita basis (the percentage of funds applied for should also be taken into consideration). If the allocation is often found to be inequitable to the Coachella Valley, staff will recommend adoption of a new policy to correct the imbalance.
12. Certain costs at times associated with bicycle/pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists/pedestrians, such as: curb and gutter as part of roadway drainage system, driveway ramps installed across sidewalks, and where roadway design standards require a roadway shoulder width that is at least as wide as a standard bike lane.
13. For each Call for Projects, a city is eligible to submit up to three (3) applications, and the County of Riverside is eligible to submit up to two (2) applications per Supervisorial District.
14. Each application is limited to a maximum request of 10% of the current Call for Projects programming capacity.
15. Total award to one jurisdiction is limited to 20% of current Call for Project’s programming capacity.
16. Awarded agencies can commence reimbursable project activities on July 1 of the Call
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17336.00005\41471305.2
Attachment 2
for Project fiscal year cycle. E.g.: for FY 23/24 Call for Projects, reimbursable work starts on July 1, 2023.
17. Awarded agencies have until October 1 of the Call for Project fiscal year cycle to execute the Memorandum of Understanding (MOU) with RCTC. E.g.: for FY 23/24 Call for Projects, MOUs must be executed by October 1, 2023
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Revised Position of Police Personnel and Training Coordinator
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, approving an amendment to the City's Classification and Compensation Plan to include the revised position of Police Personnel and Training Coordinator.
BACKGROUND:
The City of Hemet continually evaluates staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community. As such, the City may need to make adjustments periodically to support thes e goals and to advance City services. As the City continues to grow and provide additional services, demand for these services will be met through the addition of new positions and through the revision of existing positions.
ANALYSIS:
The Police Personn el and Training Coordinator was established in 2018 to work collaboratively with the City's Human Resources function to help provide administrative support for Police Department personnel and training areas. This position works closely with Human Resources to coordinate recruiting, hiring, background, promotional, employee evaluation, and workers' compensation processes. Due to the volume and complexity of Police Department personnel processes, this position assists by keeping requests updated and on -track at the department-level through Human Resources oversight.
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The Police Personnel and Training Coordinator position has been vacant since July 2022, with a recruitment following shortly thereafter. Recruitment efforts have not been successful based on the current requirements of the position. In order to broaden the candidate pool and achieve a successful recruitment, comparable positions from surrounding agencies were reviewed to ensure that the position requirements align with the comparable positions.
The proposed revisions of the Police Personnel and Training Coordinator position are as follows:
• Education: Equivalent to an Associate's Degree in criminal justice, human resources, business administration, public administration, or a related field. • Experience: Three (3) years of professional governmental administrative experience, preferably in public safety and/or human resources. Extensive related work experience and professional training may substitute for a combination of education and experience. • Other: Knowledge of California Peace Officer Standards and Traini ng (P.O.S.T.) is highly desired.
The Police Personnel and Training Coordinator classification is a full -time benefitted position covered by the Management/Confidential Resolution and is not subject to meet and confer procedures pursuant to the Meyers-Milias-Brown Act (MMBA).
DISCUSSION:
The recommended position revisions are a result of the City’s current recruitment challenges and the support network needed to enhance focus on development, review, and achievement of Council’s Strategic Goals and Acti on Items. With these revisions, the City not only strengthens its internal structure, but also its external structure in providing the community essential services in more streamlined and innovative ways.
PREVIOUS COUNCIL ACTION:
This classification was last adopted April 24, 2018.
STRATEGIC PLAN INTEGRATION:
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
The position is included in the adopted fiscal year (FY) 2023-24 budget.
ALTERNATIVE(S):
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Council may choose to approve the recommended position revisions. Alternatively, Council may choose to further examine the recommended position revisions.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1: Resolution for the Revised Position of Police Personnel and Training Coordinator Attachment 2: Redline Police Personnel and Training Coordinator Job Description Attachment 3: Final Police Personnel and Training Coordinator Job Description
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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, APPROVING AN AMENDMENT
TO THE CITY’S CLASSIFICATION AND COMPENSATION
PLAN TO INCLUDE THE REVISED POSITION OF POLICE
PERSONNEL AND TRAINING COORDINATOR
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 continually evaluates staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community, and, as such, the City may need to make adjustments periodically to support these goals and to progress City services forward; and WHEREAS, each Fiscal Year (FY), departments request new positions and revisions to existing positions based on a variety of factors including staffing structure, funding, and project support; and
WHEREAS, the Police Department has requested revisions to the Police Personnel and Training Coordinator position to help provide administrative support for Police Department personnel and training areas by keeping requests updated and on track at the department level through Human Resources oversight; and WHEREAS, the proposed position revision is a result of the City’s current state and the support network needed to continue to achieve the City Council’s Strategic Goals; and
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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, this position is a full-time benefitted position covered by the Management/Confidential Resolution and is not subject to meet and confer procedures pursuant to the Meyers-Milias-Brown Act (MMBA); and
WHEREAS, the proposed position is included in the adopted FY 23-24 budget; and
WHEREAS, the City Council approves the amendment to the City’s Classification and Compensation Plan to include the revised position of Police Personnel and Training Coordinator.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1. Approval of the following classification revisions as follows:
1) Education: Equivalent to an Associate's Degree in criminal justice, human resources, business administration, public administration, or a related field.
2) Experience: Three (3) years of professional governmental administrative experience, preferably in public safety and/or human resources. Extensive related work experience and professional training may substitute for a combination of education and experience.
3) Other: Knowledge of California Peace Officer Standards and Training (P.O.S.T.) is highly desired.
SECTION 2. The effective date of this new position will be the date of approval of this Resolution, September 26, 2023.
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CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 26th day of September, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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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 26 th day of September, 2023, and was passed by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSTAIN: Council Members:
ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET
Class Code: 9914 Adopted: 04/24/2018
Last Revised: 09/26/2023
POLICE PERSONNEL AND TRAINING COORDINATOR
Class specifications are intended to present a descri ptive list of the range of duties performed by employees in the class. Specific ations are not intended to reflect all duties performed within the job.
DEFINITION
Under general direction, performs highly responsible, complex, and varied professional administrative and analytical work in the personnel and training areas of the police department.
Under the general direction of the Police Depa rtment, coordinates the recruitment, hiring and promotional processes for police department personnel. Manages background checks and coordinates the new hire process. Manages allProvides support with training and certification requirements and mandates for police department personnel; conducts detailed analysis of personnel and training needs and advises manage ment staff on personnel and training matters; monitors workers’ compensation cases and serves as liaison between the police department and the City Human Resources department.
DISTINGUISHING CLASS CHARACTERISTICS
The Police Personnel & Training Coordinator is a specialized classification requiring a working knowledge of the California Peace Officer Stand ards and Training (P.O.S.T.) guidelines and certification requirements. T he incumbent is responsible for overseeing and coordinating the complex personnel and training needs of the police department.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Department Head and/or his/her designee. Exercises technical and functional supervision over lower level support staff, as assigned.
ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristi cs, duties, responsibilities, knowledge, skills and other characteristics:
Collaborates with the Human Resources departm ent to coordinate the police department hiring processes including internal and external re cruitments, applicant screening and testing.
Administers oral appraisal panels in compliance with city personnel guidelines and current California Peace Officer Standards and Training (P.O.S.T.) standards. Assigns and manages background investigations, compiles and analyzes findings and makes recommendations to command staff according to P.O.S.T. and Calif ornia State Law. Coordinates and reviews psychological and medical screening processes as required by law.
Acts as liaison with the Human Resources dep artment to ensure all police department personnel annual evaluations are assigned and completed per personnel rules; ensures salary and benefits are accurately reported. Assists Human Resources with labor relations related to police department personnel such as coordinating and partici pating in the meet and confer process and labor/management meetings; compiles data and pr epares reports as requested for negotiations.
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Ttracks and monitors police personnel workers’ compensation cases to ensure personnel care and department interests.
Coordinates and tracks all specialized and mandated training to ensure compliance with P.O.S.T. standards and state law.
Maintains all police personnel training files as required by P.O.S.T standards and state law.
Maintains police department personnel files incl uding but not limited to personnel orders, commendations and salary information.
Prepares, tracks and analyzes police training budgets to ensure maximum efficiency in the use and application of training funds available. Overse es the reimbursement process for P.O.S.T. reimbursable training(s).
Confers with command staff, police department personnel, and interested parties regarding existing and proposed personnel and training policies an d procedures; assists in development and implementation of policies, procedures, goals, and objectives.
Conducts detailed organizational studies and research pertaining to work flow, time and cost factors, administrative system s, records and filing systems, procedures, staffing levels, and organizational structures to recommend options for organizational improvement.
Evaluates or assists in the ev aluation of new or proposed rule s and regulations; confers with affected parties; determines potential impacts to City operations and finances, and report findings; analyzes, interprets, and applies policies, procedures, and regulations.
Coordinates with regulating agencies in preparation for routine audits of police hiring and police training systems and compliance. Conducts inter nal audits of personnel and training systems to ensure efficiency, effectiveness and compliance.
Coordinates and participates in the preparation of police budgets; evaluates requests for additional funding, projects, and other supplemental requests; assists in monitoring and controlling project budget activities.
Performs other or related duties as assigned.
ENVIRONMENTAL AND PHYSICAL WORKING CONDITIONS
Requires the mobility and manual dexterity to work in a standard office environment, use standard office equipment and attend off-site meetings; speech and hearing to communicate in person and by telephone; vision to read handwritten and printed materials and a computer screen; strength and agility to lift and carry items weighing up to 20 pounds. On a continuous basis work in an office environment sitting at a desk for long periods of time; travel from job site to job site sitting in vehicle; bend, squat, climb, kneel and twist while perform ing field work; may be exposed to dust, noise, machinery, moving objects and other vehicles while performing field work; may work on uneven or slippery surfaces; and, may intermittently perform field work while exposed to various types of weather including extreme heat during summer m onths and cold temperatures during the winter months. Some accommodations may be made for some physical demands for otherwise qualified individuals who require and request such accommodations.
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QUALIFICATIONS GUIDELINES
Knowledge, Skills, and Abilities:
Knowledge of current California Peace Officer Standards and Training (P.O.S.T.) guidelines, advanced principles, practices, and techniques of public safety administration and public safety policy; principles and practices of personnel and training management; computer applications, including spreadsheet, database, word processing, and presentation software; principles, methods, and practices of police finance, budgeting, and accounting; applicable federal, state, and lo cal laws, rules, codes, and regulations; technical report writing.
Skill in use of modern office equipment, incl uding computers, computer applications and software; presenting information effectively for a variety of audiences.
Ability to analyze a variety of complex administrative and organizational problems and to make sound policy and procedural recommendations; communicate clearly, both verbally and in writing; use tact, initiative, prudence, and independent judgment within general legal or policy guidelines in politically sensitive situations; demonstrate tact and diplomacy with the public; plan, organize, coordinate, and im plement complex projects or programs; establish and maintain effective working relationships with others; prepare comprehensive and accurate reports; adjust to rapidly shifti ng priorities and time lines; monitor program budgets; gain cooperation of others through di scussion and persuasion; work effectively independently and with multi disciplinary teams; facilitate group discussions.
Education and/or Experience:
Education: Equivalent to a Bachelor’s Degree with major course work in criminal justice, public administration or a related field.
Experience: Minimum of two (2) year s of professional level governmental administrative and analytical experience in local government, preferably in the public safety arena or one (1) year of He met Police Department administrative or clerical experience. Knowledge of P.O.S.T. standards and policies is desired Equivalent to an Associate’s Degree in criminal justice, human resources, business administration, public administration or a related field and three (3) years of professional governmental administrat ive experience, preferably in public safety and/or human resources . Extensive related work experience and professional training may substitute for a combination of education and experience.
Knowledge of California Peace Officer Standards and Training (P.O.S.T.) is highly desired.
Certification/License and/or Other Special Requirements:
Possession of a valid California Class C Driv er’s License, and maintain a satisfactory driving record.
Must be able to pass an intensive law enforcement background check.
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CITY OF HEMET
Class Code: 9914 Adopted: 04/24/2018
Last Revised: 09/26/2023
POLICE PERSONNEL AND TRAINING COORDINATOR
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
DEFINITION
Under general direction, performs highly responsible, and varied professional administrative work in the personnel and training areas of the police department. Under the general direction of the Police Department, coordinates the recruitment, hiring and promotional processes for police department personnel. Manages background checks and coordinates the new hire process.
Provides support with training and certification requirements and mandates for police department personnel; monitors workers’ compensation cases and serves as liaison between the police department and the City Human Resources department.
SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Department Head and/or his/her designee. Exercises technical and functional supervision over lower level support staff, as assigned.
ESSENTIAL FUNCTIONS
Essential functions, as defined under the Americans with Disabilities Act may include, but are not limited to the following characteristics, duties, responsibilities, knowledge, skills and other characteristics:
Collaborates with the Human Resources department to coordinate the police department hiring processes including internal and external recruitments, applicant screening and testing.
Administers oral appraisal panels in compliance with city personnel guidelines and current California Peace Officer Standards and Training ( P.O.S.T.) standards. Assigns and manages background investigations, compiles and analyzes findings and makes recommendations to command staff according to P.O.S.T. and California State Law. Coordinates and reviews psychological and medical screening processes as required by law.
Acts as liaison with the Human Resources department to ensure all police department personnel annual evaluations are assigned and completed per personnel rules; tracks and monitors police personnel workers’ compensation cases to ensure personnel care and department interests.
Maintains police department personnel files including but not limited to personnel orders, commendations and salary information.
Confers with command staff, police department personnel, and interested parties regarding existing and proposed personnel and training policies and procedures; assists in development and implementation of policies, procedures, goals, and objectives.
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Conducts detailed organizational studies and research pertaining to work flow, time and cost factors, administrative systems, records and filing systems, procedures, staffing levels, and organizational structures to recommend options for organizational improvement.
Evaluates or assists in the evaluation of new or proposed rules and regulations; confers with affected parties; determines potential impacts to City operations and finances, and report findings; analyzes, interprets, and applies policies, procedures, and regulations.
Coordinates with regulating agencies in preparation for routine audits of police hiring and police training systems and compliance. Conducts internal audits of personnel and training systems to ensure efficiency, effectiveness and compliance.
Performs other or related duties as assigned.
ENVIRONMENTAL AND PHYSICAL WORKING CONDITIONS
Requires the mobility and manual dexterity to work in a standard office environment, use standard office equipment and attend off -site meetings; speech and hearing to communicate in person and by telephone; vision to read handwritten and printed materials and a computer screen; strength and agility to lift and carry items weighing up to 20 pounds. On a continuous basis work in an office environment sitting at a desk for long periods of time; travel from job site to job site sitting in vehicle; bend, squat, climb, kneel and twist while performing field work; may be exposed to dust, noise, machinery, moving objects and other vehicles while performing field work; may work on uneven or slippery surfaces; and, may intermittently perform field work while exposed to various types of weather including extreme heat during summer months and cold temperatures during the winter months. Some accommodations may be made for some physical demands for otherwise qualified individuals who require and request such accommodations.
QUALIFICATIONS GUIDELINES
Knowledge, Skills, and Abilities:
Knowledge of guidelines, advanced principles, practices, and techniques of public safety administration and public safety policy; principles and practices of personnel and training management; computer applications, including spreadsheet, database, word processing, and presentation software; principles, methods, and practices of police finance, budgeting, and accounting; applicable federal, state, and local laws, rules, codes, and regulations; technical report writing.
Skill in use of modern office equipment, including computers, computer applications and software; presenting information effectively for a variety of audiences.
Ability to analyze a variety of complex administrati ve and organizational problems and to make sound policy and procedural recommendations; communicate clearly, both verbally and in writing; use tact, initiative, prudence, and independent judgment within general legal or policy guidelines in politically sensitive situations; demonstrate tact and diplomacy with the public; plan, organize, coordinate, and implement complex projects or programs; establish and maintain effective working relationships with others; prepare comprehensive and accurate reports; adjust to rapidly shifting priorities and time lines; monitor program
7.G
budgets; gain cooperation of others through discussion and persuasion; work effectively independently and with multi disciplinary teams; facilitate group discussions.
Education and/or Experience:
Equivalent to an Associate’s Degree in criminal justice, human resources, business administration, public administration or a related field and three (3) years of professional governmental administrative experience, preferably in public safety and/or human resources . Extensive related work experience and professional training may substitute for a combination of education and experience.
Knowledge of California Peace Officer Standards and Training (P.O.S.T.) is highly desired.
Certification/License and/or Other Special Requirements:
Possession of a valid California Class C Driver’s License, and maintain a satisfactory driving record.
Must be able to pass an intensive law enforcement background check.
7.G
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Misha Sisikin, Human Resources Analyst, Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt the Resolution of t he City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges.
BACKGROUND:
State regulations for public employers require disclosure of position classifications and corresponding compensation. To ensure compliance and for even greater transparency, the Hemet City Council has previously adopted the updated City Classification and Compensation Plan for Employee Salary Ranges (Salary Schedule), a document that includes a list of author ized classifications, and their respective compensation ranges. The Salary Schedule allows members of the public to see the compensation level for all authorized classifications within the City.
The Classification and Compensation Plan is a reference document of available employment positions, as the positions listed may not necessarily be budgeted or funded in any given fiscal year. Historically, the City Council approves each budgeted job classification and its corresponding salary range in the annual budget process.
ANALYSIS:
The attached Salary Schedule accounts for the changes that have occurred through classification additions and updates. The Salary Schedule as presented reflects the following changes:
• Addition of the Public Safety Office Specialist Supervisor title and sal ary range, $64,704 - $82,572 annually.
7.H
• Revision of the Chief of Police annual salary, $284,496 annually (effective 7/10/2023). • Revision of the City Manager annual salary, $284,508 annually (effective 7/10/2023).
The additions and updates to the Salary Sc hedule are noted within the salary schedule itself. The addition of a classification to the salary schedule does not automatically create an authorized vacancy.
Requests to fill vacancies need to follow all applicable personnel rules, Memorandum of Understanding (MOU) terms, and resolutions.
DISCUSSION:
Maintaining a public-facing Salary Schedule meets State requirements and fosters transparency in City operations. The Salary Schedule is informative for members of the public and other local government agencies in conducting compensation surveys on comparable positions. While there are sometimes mandatory and periodic updates that must be made to the Salary Schedule, any specific updates to position titles, requirements, and/or salary ranges will be addres sed separately and follow any and all applicable guidelines pursuant to the Meyers-Milias-Brown Act.
PREVIOUS COUNCIL ACTION:
Council approved the prior update of the Salary Schedule on August 8, 2023.
STRATEGIC PLAN INTEGRATION:
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is cons istent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 4: Increase employee retention by training and creating a positive workplace.
FISCAL IMPACT:
Additional General Fund appropriations are not required. Recommended changes to the Salary Schedule have been previously appropriated with the approved Fiscal Year 2023-24 budget.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
7.H
Attachment 1: Resolution Approving an Amendment to the City_s Classification and Compensation Plan
Attachment 2: Salary Schedule by Position
7.H
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, APPROVING AN AMENDMENT
TO THE CITY’S CLASSIFICATION AND COMPENSATION
PLAN FOR EMPLOYEE SALARY RANGES
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, State regulations for public employers require disclosure of position classifications and corresponding compensation; and
WHEREAS, the City Council of the City of Hemet has previously adopted and updated the City’s Classification and Compensation Plan for Employee Salary Ranges (Salary Schedule), a document which includes a list of employment positions for the City and their corresponding ranges; and
WHEREAS, the Salary Schedule allows members of the public to see what any given position would be paid and is a resource document of authorized, budgeted position titles, as the positions listed may not necessarily be filled in any given fiscal year; and
WHEREAS, historically, City Council approved each budgeted job classification and its corresponding salary range in its annual budget; and WHEREAS, the addition of a classification to the salary schedule does not automatically create an authorized vacancy and requests to fill vacancies need to follow all applicable personnel rules, MOU terms, and resolutions; and
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CITY OF HEMET RESOLUTION NO. 2023-XXX 2
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WHEREAS, City Council approves the amendment to the City’s Classification and Compensation Plan for Employee Salary Ranges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.Approval of the Salary Schedule with the following updates:
1) Addition of the Public Safety Office Specialist Supervisor title and salary range, $64,704 - $82,572 annually.
2) Revision of the Chief of Police annual salary, $284,496 annually (effective 7/10/2023).
3) Revision of the City Manager annual salary, $284,508 annually (effective 7/10/2023).
SECTION 2.The effective date of this amendment will be the date of approval of this Resolution, September 26, 2023.
7.H
CITY OF HEMET RESOLUTION NO. 2023-XXX 3
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PASSED, APPROVED AND ADOPTED this 26th day of September, 2023. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
7.H
CITY OF HEMET RESOLUTION NO. 2023-XXX 4
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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 26 th day of September, 2023, and was passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
John Paul Maier, City Clerk
7.H
Salary Schedule by Position
Effective September 26, 2023
Approved by Council September 26, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Accountant SEIU 52 $4,845 $5,087 $5,342 $5,609 $5,889 $6,037 $6,187 Accounting Manager MC 36 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Accounting Technician I SEIU 37 $3,344 $3,511 $3,687 $3,871 $4,065 $4,166 $4,270 Accounting Technician II SEIU 43 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Accounting Technician III SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Administrative Assistant HMMA 21 $4,649 $4,882 $5,126 $5,382 $5,651 $5,934 Administrative Services Director AW ASD $12,437 $13,059 $13,712 $14,397 $15,117 $15,873 $16,667 Assistant Civil Engineer SEIU 64 $6,516 $6,642 $6,974 $7,323 $7,689 $7,881 $8,078 Assistant Planner SEIU 53 $4,966 $5,215 $5,475 $5,749 $6,037 $6,187 $6,342 Assistant to the City Manager MC 36 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Associate Planner HMMA 29 $5,664 $5,947 $6,245 $6,557 $6,885 $7,229 Battalion Chief AW BC $10,711 $11,247 $11,809 $12,399 $13,019 Building Inspector I SEIU 47 $4,283 $4,497 $4,722 $4,958 $5,206 $5,336 $5,469 Building Inspector II SEIU 51 $4,726 $4,962 $5,211 $5,471 $5,745 $5,888 $6,035 Building Technician I SEIU 42 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Building Technician II SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Chief Building Official/Deputy Fire Marshal AW CBO $10,571 $11,100 $11,655 $12,237 $12,849 $13,492 $14,166 Chief of Police** AW PC A
nnual salary $284,496
City Clerk AW CC $8,395 $8,815 $9,255 $9,718 $10,204 $10,714 $11,250 City Manager** AW CM A
nnual salary $284,508
City Treasurer - Elected E ELE $645.67/mo
Civilian Investigator n/a $26.00 $27.30 $28.67 $30.10 $31.60 $33.18 $34.84 (Hourly rates) Code Compliance Manager HMMA 32 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Code Enforcement Officer I SEIU 43 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Code Enforcement Officer II SEIU 48 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606
09.07.2023MS City of Hemet Salary Schedule Last Approved: 08.08.2023
7.H
Salary Schedule by Position
Effective September 26, 2023
Approved by Council September 26, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Communications and Events Coordinator MC 32 $7,617 $7,998 $8,398 $8,818 $9,259 $9,721 $10,208 Community Development Director AW CDD $11,815 $12,406 $13,026 $13,677 $14,361 $15,079 $15,833 Community Services Officer HNSPEA 33 $3,819 $4,010 $4,210 $4,421 $4,642 $4,874 Council Member - Elected E ELE $645.67/mo
Crime Scene Technician HNSPEA 41 $4,656 $4,889 $5,134 $5,390 $5,660 $5,943 Cross Connection Spec/CSR SEIU 48 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606 Customer Service and Accounting Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Customer Service Representative SEIU 41 $3,691 $3,876 $4,070 $4,273 $4,487 $4,599 $4,714 Deputy City Clerk MC 14 $4,883 $5,127 $5,383 $5,653 $5,935 $6,232 $6,544 Deputy Fire Chief AW DFC $14,051 $14,754 $15,491 $16,266 $17,079 Deputy Public Works Director / Assistant City Engineer AW DPW $9,950 $10,448 $10,970 $11,518 $12,094 $12,699 $13,333 Economic Development Analyst MC 25 $6,409 $6,729 $7,066 $7,419 $7,790 $8,180 $8,589 Economic Development Manager MC 43 $9,705 $10,190 $10,700 $11,235 $11,796 $12,386 $13,005 Emergency Services Coordinator HMMA 26 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Engineering Technician I SEIU 45 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Engineering Technician II SEIU 50 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Environmental Compliance Coordinator HMMA 33 $6,252 $6,565 $6,893 $7,238 $7,599 $7,979 Equipment Maintenance Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Equipment Mechanic SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Executive Analyst MC 23 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 $8,174 Executive Analyst HMMA 32 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Executive Assistant HMMA 25 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 Executive Assistant - Confidential MC 16 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 $6,877 Facilities Maintenance Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Facilities Technician SEIU 52 $4,845 $5,087 $5,342 $5,609 $5,889 $6,037 $6,187
09.07.2023MS City of Hemet Salary Schedule Last Approved: 08.08.2023
7.H
Salary Schedule by Position
Effective September 26, 2023
Approved by Council September 26, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Facility Services Aide SEIU 33 $3,030 $3,182 $3,341 $3,508 $3,683 $3,776 $3,870 Fire Captain HFFA 3 $7,622 $8,003 $8,403 $8,823 $9,265 $9,728 $10,214 Fire Chief AW FC $15,035 $15,787 $16,576 $17,405 $18,275 $19,189 $20,148 Fire Engineer HFFA 2 $6,315 $6,631 $6,962 $7,310 $7,676 $8,060 $8,463 Fire Prevention Officer HFFA 200 $5,451 $5,723 $6,009 $6,310 $6,625 $6,957 $7,305 Firefighter HFFA 1 $5,519 $5,795 $6,084 $6,389 $6,708 $7,043 Firefighter/Paramedic Trainee HFFA 100 $4,139
GIS Specialist SEIU 53 $4,966 $5,215 $5,475 $5,749 $6,037 $6,187 $6,342 Housing Program Specialist SEIU 50 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Human Resources Analyst MC 32 $7,617 $7,998 $8,398 $8,818 $9,259 $9,721 $10,208 Human Resources Manager MC 36 $8,409 $8,829 $9,271 $9,734 $10,221 $10,732 $11,268 Human Resources Technician MC 16 $5,132 $5,388 $5,658 $5,941 $6,238 $6,550 $6,877 Information Technology Specialist I HMMA 26 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Information Technology Specialist II HMMA 28 $5,526 $5,803 $6,093 $6,398 $6,717 $7,053 Intern I n/a $15.50 $16.28 $17.09 $17.94 $18.84 $19.78 (Hourly Rates) Intern II n/a $15.89 $16.68 $17.52 $18.39 $19.31 $20.28 (Hourly Rates) IT Operation/Network Systems Suprvsr HMMA 35 $6,569 $6,897 $7,242 $7,604 $7,985 $8,384 Lead Equipment Mechanic SEIU 50 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Lead Maintenance Worker SEIU 43 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Lead Tree Trimmer SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Lead Water Distribution Sys. Oper SEIU 45 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Librarian HMMA 21 $4,649 $4,882 $5,126 $5,382 $5,651 $5,934 Library Aide, Temporary On-Call n/a $15.50 $16.28 $17.09 $17.94 $18.84 (Hourly rates) Library Assistant I SEIU 32 $2,958 $3,106 $3,261 $3,424 $3,595 $3,685 $3,777 Library Assistant II SEIU 38 $3,428 $3,600 $3,780 $3,969 $4,167 $4,271 $4,378
09.07.2023MS City of Hemet Salary Schedule Last Approved: 08.08.2023
7.H
Salary Schedule by Position
Effective September 26, 2023
Approved by Council September 26, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Library Associate I SEIU 42 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Library Associate II SEIU 45 $4,076 $4,280 $4,494 $4,719 $4,955 $5,078 $5,205 Library Page SEIU 15 $2,812 $2,952 $3,100 $3,255 $3,418 $3,503 $3,591 Literacy Coordinator PT SEIU 42 $21.84 $22.93 $24.07 $25.28 $26.54 (Hourly rates) $27.20 $27.88 Maintenance Aide I - TPT n/a ccy $15.50 $16.28 $17.09 $17.94 $18.84 (Hourly rates) Maintenance Worker I SEIU 36 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Maintenance Worker II SEIU 39 $3,515 $3,691 $3,875 $4,069 $4,272 $4,379 $4,489 Management Analyst MC 25 $6,409 $6,729 $7,066 $7,419 $7,790 $8,180 $8,589 Management Assistant HMMA 28 $5,526 $5,803 $6,093 $6,398 $6,717 $7,053 Media and Intelligence Analyst HMMA 32 $6,100 $6,405 $6,725 $7,061 $7,414 $7,785 Office Specialist - Confidential HMMA 5 $3,132 $3,289 $3,453 $3,626 $3,807 $3,997 Office Specialist I SEIU 28 $2,812 $2,952 $3,100 $3,255 $3,418 $3,503 $3,591 Office Specialist II SEIU 32 $2,958 $3,106 $3,261 $3,424 $3,595 $3,685 $3,777 Office Specialist III SEIU 36 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Parks Maintenance Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Payroll/Human Resources Specialist MC 18 $5,391 $5,661 $5,944 $6,241 $6,553 $6,881 $7,225 Planning Technician SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Police Cadet HNSPEA CAD $15.97 $16.76 $17.60 $18.48 $19.41 (Hourly rates) Police Captain HPMA 3 $12,428 $13,049 $13,702 $14,387 $15,106 $15,862 Police Corporal HPOA 54 $9,081 $9,535 $10,011
Police Investigator HPOA 52 $7,098 $7,453 $7,826 $8,217 $8,628 $9,060 $9,513 Police Lieutenant HPMA 2 $11,297 $11,862 $12,455 $13,078 $13,732 $14,419 Police Officer HPOA 50 $6,453 $6,776 $7,115 $7,471 $7,844 $8,236 $8,648 Police Officer-Trainee HPOA 49 $4,840
Police Personnel & Training Coordinator MC 14 $4,883 $5,127 $5,383 $5,653 $5,935 $6,232 $6,544
09.07.2023MS City of Hemet Salary Schedule Last Approved: 08.08.2023
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Salary Schedule by Position
Effective September 26, 2023
Approved by Council September 26, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Police Sergeant HPMA 1 $9,416 $9,886 $10,381 $10,900 $11,445 $12,017 Principal Accountant MC 24 $6,252 $6,565 $6,893 $7,238 $7,600 $7,980 $8,378 Principal Engineer HMMA 51 $9,752 $10,239 $10,751 $11,289 $11,853 $12,446 Principal Planner HMMA 44 $8,204 $8,614 $9,045 $9,497 $9,972 $10,471 Procurement Administrator HMMA 34 $6,410 $6,731 $7,067 $7,420 $7,791 $8,181 Program Coordinator - Office of Violence Prevention MC 15 $5,006 $5,256 $5,519 $5,795 $6,085 $6,389 $6,708 Property & Evidence Technician HNSPEA 36 $3,816 $4,007 $4,208 $4,418 $4,639 $4,871 Public Information Social Media Officer HMMA 39 $7,251 $7,614 $7,995 $8,394 $8,814 $9,255 Public Safety Dispatch Supervisor HMMA 34 $6,410 $6,731 $7,067 $7,420 $7,791 $8,181 Public Safety Dispatcher HNSPEA 38 $5,323 $5,589 $5,868 $6,162 $6,470 $6,793 Public Safety Dispatcher - On Call n/a $39.20 (Per hour) Public Safety Office Specialist HNSPEA 30 $3,327 $3,494 $3,669 $3,852 $4,045 $4,247 Public Safety Office Specialist Superv isor** H
MMA 27 $5,392 $5,662 $5,945 $6,242 $6,554 $6,881
Public Safety Operator HNSPEA 33 $3,819 $4,010 $4,210 $4,421 $4,642 $4,874 Public Safety Support Services Manager HMMA 44 $8,204 $8,614 $9,045 $9,497 $9,972 $10,471 Public Works Director/City Engineer AW PWE $14,583 $14,984 $15,396 $15,819 $16,255 Public Works Inspector I SEIU 46 $4,178 $4,387 $4,606 $4,836 $5,078 $5,205 $5,335 Public Works Inspector II SEIU 50 $4,610 $4,841 $5,083 $5,337 $5,604 $5,744 $5,888 Public Works Operations Manager HMMA 47 $8,834 $9,275 $9,739 $10,226 $10,737 $11,274 Senior Building Inspector SEIU 58 $5,618 $5,899 $6,194 $6,504 $6,829 $7,000 $7,175 Senior Engineering Technician SEIU 54 $5,101 $5,356 $5,624 $5,905 $6,200 $6,355 $6,514 Senior Librarian HMMA 26 $5,260 $5,523 $5,800 $6,090 $6,394 $6,714 Senior Planner HMMA 36 $6,733 $7,070 $7,424 $7,795 $8,185 $8,594 Senior Public Works Inspector SEIU 58 $5,618 $5,899 $6,194 $6,504 $6,829 $7,000 $7,175 Streets Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596
09.07.2023MS City of Hemet Salary Schedule Last Approved: 08.08.2023
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Salary Schedule by Position
Effective September 26, 2023
Approved by Council September 26, 2023
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Tree Trimmer SEIU 42 $3,785 $3,975 $4,173 $4,382 $4,601 $4,716 $4,834 Water Dist Sys Oper I SEIU 36 $3,264 $3,427 $3,599 $3,778 $3,967 $4,067 $4,168 Water Dist Sys Oper II SEIU 41 $3,691 $3,876 $4,070 $4,273 $4,487 $4,599 $4,714 Water Production Systems Oper. I SEIU 43 $3,880 $4,074 $4,278 $4,492 $4,717 $4,835 $4,955 Water Production Systems Oper. II SEIU 48 $4,390 $4,609 $4,840 $5,082 $5,336 $5,469 $5,606 Water Quality & Conserv. Spec. SEIU 49 $4,499 $4,724 $4,960 $5,208 $5,469 $5,605 $5,745 Water/Waste Water Superintendent HMMA 43 $8,004 $8,404 $8,825 $9,266 $9,729 $10,216 Water/Waste Water Supervisor HMMA 31 $5,951 $6,249 $6,562 $6,890 $7,234 $7,596 Number of Authorized Titles 133
BARGAINING UNIT KEY
At Will AW
Elected Officials E
Hemet Firefighters Association HFFA
Hemet Mid Management Association HMMA
Hemet Non-Sworn Personnel HNSPEA
Hemet Police Officers Association HPOA
Hemet Police Managment Association HPMA
Management/Confidential Personnel MC
Service Employees International Union SEIU
All rates are monthly unless otherwise indicated.
**Classification updates include addition of the Public Safety Office Specialist Supervis or title and salary range, revision of the Chief of Police annual salary (effective 7/10/2023), and revis ion of the City Manager annual salary (effective 7/10/2023).
09.07.2023MS City of Hemet Salary Schedule Last Approved: 08.08.2023
7.H
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Sep 26 2023
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving the City of Hemet Storefront Vandalism Relief Program and Appropriating an Additional $150,000 From Undesignated General Fund Reserves to the Storefront Vandalism Relief Program
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving the City of Hemet Storefront Vandalism Relief Program and Appropriating an Additional $150,000 from Undesignated General Fund Reserves to the Storefront Vandalism Relief Program.
BACKGROUND:
The City Council's adopted Strategic Plan and Safe and Clean Streets Initiative includes a Fiscal Year (FY) 2023-24 Action Item to create a Storefront Vandalism Relief Program. Staff has researched similar programs in other communities and worked with the City Council's Clean Up/Graffiti Ad Hoc Committee of Mayor Males and Mayor Pro Tem Lilienthal to develop program eligibility and funding recommendations.
ANALYSIS:
If the recommendation for funding of this program is approved, the City will have the ability to assist at least 26 qualifying businesses or not-for-profit entities.
DISCUSSION:
The recommended Storefront Vandalism Relief Program (attached) is intended to support small businesses and non-profits by mitigating financial hardships associated with vandalism. The Program is designed as a reimbursable grant program for expenses not cov ered by insurance and will be administered by the Public Works Department. Eligible uses of funds will include storefront repairs
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associated with broken windows, broken doors, broken locks, etching on windows, graffiti, and related repair expenses due to v andalism. Reimbursement of insurance deductibles associated with repair damage is also a proposed eligible expense. This Program is not designed to offset loss of retail products.
The Ad Hoc Committee is recommending the Program reimburse eligible expens es since January 1, 2023, up to $7,500 on a first come-first served basis once every six months until funding is exhausted.
The recommended eligibility criteria include:
• Must have an active City of Hemet Business License or Fee-Free Permit (as applicable). • Must have an office or retail storefront operating (or temporarily closed due to vandalism or property damage sustained) in the City of Hemet.
• Must not have any active or unresolved City violations, delinquent bills, or outstanding liens issued by the City at the time of application submittal. • Must be a private for -profit business including sole proprietorships or 501(c)(3) non -profit organization.
• Must have less than 200 employees.
• Must have less than $8 million in gross revenue in 2022. • Must not be a f ormula retail business (except franchisees with less than $8 million in gross revenue in 2022).
• Must not have previously been made whole for damages by another entity (insurance carrier, for example).
• Damage must have occurred on or after January 1, 2023. • Only one application per business per semi -annual calendar year (January - June, July - December) will be permitted until funding is no longer available. This application may include multiple incidents.
• Applications containing funding requests for work performed by a Contractor must have been completed by a Contractor holding an active California Contractor’s License issued by the California State Licensing Board (CSLB).
Applicant dete be will eligibility underlying appropriate of review careful a based rmined on documentation submitted with a grant application.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.
Objective 1: Develop business practices that welcome new development by streamlining processes.
Objective 2: Provide resources for new businesses to enhance the customer service experience.
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
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Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
FISCAL IMPACT:
The City's FY 2023 -24 Budget includes an appropriation of $50,000 in account 110 -2500-2400 from Undesignated General Fund Reserves. The Ad Hoc Committee is recommending an additional $150,000 be appropriated from Undesignated General Fund Reserves given the anticipated volume of applications for a total Vandalism Relief Program budget of $200,000.
Use of the additional $150,000 is anticipated to reduce the General Fund Reserve from $32,957,457 to $32,807,457, resulting in a General Fund Reserve of $32,807 ,457 or 54% which is consistent with the Council's 40% Reserve requirement. (Please note that the reserve balances are estimates only.
The General Fund Reserve figures in this fiscal impact do not include FY 2022/23 year -end adjustments, which will be fina lized with the publication of the Annual Comprehensive Financial Report.)
ALTERNATIVE(S):
The Council may consider several alternatives related to adjusting the recommended reimbursable amount, total appropriations, and timing. Alternatives include:
1. Consider a lower or higher reimbursable amount per incident. Lower amounts allow the funds to be spread to additional businesses, but will not allow businesses with larger losses to receive relief.
2. Consider a lower or higher supplemental appropriation than the recommended $150,000. For example, the Council could consider a lower appropriation and reevaluate consideration of a larger amount at a later time.
3. Consider limiting the program eligibility to once per year vs. once per every six months.
ATTACHMENT(S):
Attachment 1 Resolution Storefront Vandalism Relief Program and Appropriations Attachment 2 Draft City of Hemet Storefront Vandalism Relief Program Attachment 3 Storefront Vandalism Relief Program Flow Chart
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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, APPROVING THE CITY OF
HEMET STOREFRONT VANDALISM RELIEF PROGRAM
AND APPROPRIATING AN ADDITIONAL $150,000 FROM
UNDESIGNATED GENERAL FUND RESERVES TO THE
STOREFRONT VANDALISM RELIEF PROGRAM
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”) in support of the City Council’s Strategic Plan and Fiscal Year 2023-2024 Safe and Clean Streets Initiative, seeks to support small business owners and non-profit organizations by mitigating financial hardships associated with vandalism through the City of Hemet Storefront Vandalism Relief Program; and
WHEREAS, the City Council’s adopted Strategic Plan and Safe and Clean Streets Initiative includes a Fiscal Year (FY) 2023-2024 Action Item to create a Storefront Vandalism Relief Program; and
WHEREAS, the Storefront Vandalism Relief Program is designed as a reimbursable grant program for expenses not covered by insurance and will be administered by the City of Hemet, Public Works Department; and WHEREAS, Eligible uses of funds will include storefront repairs associated with vandalism (e.g., broken windows, broken doors, broken locks, etching on windows, graffiti, etc.). Reimbursement of insurance deductibles is also a proposed eligible expense; and