Agenda — Hemet City Council, January 30, 2024 (part 1 of 5)

MAYOR AND CITY COUNCIL:

Joe Males
Mayor (District 4)
Jaculin "Jackie" Peterson
Mayor Pro Tem (District 2)
Carole Kendrick
Council Member (District 1)
Malcolm Lilienthal
Council Member (District 3)
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, January 30, 2024
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
CLOSED SESSION AT 6:30 P.M.

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/85425918020
Webinar ID: 854 2591 8020
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 prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104 ADA Title II)

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1. CLOSED SESSION – 6:30 P.M.

2. CALL TO ORDER

3. ROLL CALL

4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545

 At this time, members of the public may only comment on an item appearing on the Closed Session agenda. Please adhere to the following when addressing the Council:
o Comments will be limited to 3 minutes or less.
o Comments should be directed to the Council as a whole and not directed to individual Council Members.
o Please follow the adopted rules of decorum: Resolution No. 4545.

5. DISCUSSION ITEMS

5.A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Significant Exposure to Litigation
Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of Cases (1)

6. ADJOURNMENT OF CLOSED SESSION

7. REGULAR MEETING - 7:00 P.M.

8. CALL TO ORDER

9. ROLL CALL

10. INVOCATION

11. PLEDGE OF ALLEGIANCE

12. CITY ATTORNEY CLOSED SESSION REPORT

12.A. City Attorney’s Report regarding Closed Session
Recommendation: Information Only.

13. 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.

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 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.

13.A. Public Comment for Items Listed on the Agenda: Consent and Discussion Items

13.B. Public Comment for Items Not Listed on the Agenda, but within Jurisdictional Matter

14. PUBLIC HEARINGS

14.A. An Ordinance of the City Council of the City of Hemet, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code, including Article XXVI Commercial Zones and Article XXX Manufacturing Zones for inclusion of Manufacture and Assembly, Rental, and Sale of Off-Site Construction Mobile Units in the C-M (Commercial Manufacturing) Zone; and Storage Yard for Off-Site construction in conjunction with a single-tenant manufacturing facility in the M-2 (Heavy Manufacturing) Zone

Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment
Staff Report #24-006 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code, including Article XXVI Commercial Zones and Article XXX Manufacturing Zones for inclusion of Manufacture and Assembly, Rental, and Sale of Off-Site Construction Mobile Units in the C-M (Commercial Manufacturing) Zone; and Storage Yard for Off-Site construction in conjunction with a single-tenant manufacturing facility in the M-2 (Heavy Manufacturing) Zone.
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14.B. An Ordinance of the City Council of the City of Hemet, California, Adding Section 90-1428 of Chapter 90 (Zoning), Article XL (Off-Street Parking), of the Hemet Municipal Code of the Trash Enclosure Upgrade Program, and Adding Section 62-16(n) to Chapter 62, Article II (Solid Waste Management), Requirements for commercial businesses. (ZOA 24-001)

Environmental: The City has analyzed this proposed project and has 43 - 57

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determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment
Staff Report #24-007 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

2. Waive full reading, read by title only, and introduce an Ordinance of the City Council of the City of Hemet, California, Adding Section 90-1428 of Chapter 90 (Zoning), Article XL (Off-Street Parking), of the Hemet Municipal Code of the Trash Enclosure Upgrade Program, and Adding Section 62-16(n) to Chapter 62, Article II (Solid Waste Management), Requirements for
commercial businesses.

15. 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.

15.A. Approval of the Regular City Council Meeting Minutes of December 12, 2023
Staff Report #24-016 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Approve the Regular City Council Meeting Minutes of December 12, 2023.
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15.B. 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 $181,250 Over Two Years for Twenty-Five (25) Flock Condor Cameras in Support of the Hemet Police Department Real Time Crime Center
Staff Report #23-441 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt 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 $181,250 Over Two Years for 25 Flock Condor Cameras in Support of the Hemet Police Department Real Time Crime Center.

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15.C. A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to enter into a Five-Year Service Agreement with Flock Group, Inc. for 47 Existing Flock Safety Falcon Cameras and to add 20 Flock Safety Falcon Cameras for $845,500 Staff Report #23-404 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to enter into a Five-Year Service Agreement with Flock Group, Inc. for 47 Existing Flock Safety Falcon Cameras and adding 20 Flock Safety Falcon Cameras for $845,500. 93 - 131

15.D. A Resolution of the City Council of the City of Hemet, California, Approving a Reimbursement Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program Agreement to Reimburse TUMF Funds for the Esplanade Improvements TUMF Project CIP 5706
Staff Report #23-426 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt A Resolution of the City Council of the City of Hemet, California Approving a Reimbursement Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program Agreement to Reimburse TUMF Funds for the Esplanade Improvements TUMF Project CIP 5706.
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15.E. A Resolution of the City Council of the City of Hemet, California, Approving an Amendment to the City's Classification and Compensation Plan to Include the Revised Position of Facilities Technician Staff Report #24-011 - 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 Facilities Technician. 163 - 176

15.F. A Resolution of the City Council of the City of Hemet, California, Approving the Third Amendment Agreement with Liebert, Cassidy, Whitmore for Continued Representation in Employee-Related Matters, for an Annual Not-to-Exceed Amount of $225,000, Authorizing the City Manager to Execute the Third Amendment Agreement
Staff Report #24-009 - Pdf
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Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving the Third Amendment Agreement with Liebert, Cassidy, Whitmore for continued representation in Employee-Related Matters, for an annual not-to-exceed amount of $225,000, authorizing the City Manager to execute the Third Amendment Agreement.

15.G. A Resolution of the City Council of the City of Hemet, California, Approving and Ordering the Summary Vacation of Existing Right-of-Way for Portions of Menlo Avenue and Street B
Staff Report #23-425 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving and Ordering the Summary Vacation of Existing Right-Of- Way for Portions of Menlo Avenue and Street B.
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15.H. A Resolution of the City Council of the City of Hemet, California, Approving the Bridges, Street, & Traffic Impact Fee (TIF) Street Improvement Credit Agreement for Facility Construction by and Between the City of Hemet and Pulte Home Company, LLC Associated with the Walden Weaver Road (Formerly New Stetson Avenue) Street Improvements and Authorize the City Manager to Execute the Credit Agreement in the Final Form as Approved by the City Attorney Staff Report #23-427 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving the Bridges, Street, & Traffic Impact Fee (TIF) Street Improvement Credit Agreement for Facility Construction by and Between the City of Hemet and Pulte Home Company, LLC Associated with the Walden Weaver Road (Formerly New Stetson Avenue) Street Improvements and Authorize the City Manager to Execute the Credit Agreement in the Final Form as Approved by the City Attorney. 213 - 233

15.I. A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Parts to Gosch Ford in the amount of $90,000 (a $40,000 increase from the originally approved $50,000 Fiscal Year 2023-24 Purchase Order) and Authorizing the City Manager to Execute All Documents Related to the Purchase Order Staff Report #23-424 - Pdf

Recommendation:

It is respectfully recommended that the City Council:
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Adopt a Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of Automotive and Truck Parts to Gosch Ford in the amount of $90,000 (a $40,000 increase from the originally approved $50,000 Fiscal Year 2023-24 Purchase Order) and Authorizing the City Manager to Execute All Documents Related to the Purchase Order.

15.J. A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Purchase Four Live View Technology (LVT) Mobile Surveillance Units in the amount of $226,949.90 and to enter into a Three-Year Service Agreement with ADT
Commercial/everOn Solutions for Four LVT Mobile Surveillance Unit Software Subscriptions in the amount of $170,762.40
Staff Report #23-416 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Purchase Four Live View Technology (LVT) Mobile Surveillance Units in the amount of $226,949.90 and to enter into a Three-Year Service Agreement with ADT
Commercial/everOn Solutions for Four LVT Mobile Surveillance Unit Software Subscriptions in the amount of $170,762.40.
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15.K. A Resolution of the City Council of the City of Hemet, California, Awarding All American Asphalt the Pavement Rehabilitation Project, CIP 5713, in the Amount of $1,488,488, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $148,849; Approving Materials Testing in the Amount of $30,000; Authorize the Administrative Services Director to Appropriate an Additional $614,984 from Fund 221 of Road Maintenance and Rehabilitation Account (RMRA) Funds to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer Staff Report #24-010 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding All American Asphalt the Pavement Rehabilitation Project, CIP 5713, in the Amount of $1,488,488, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $148,849; Approving Materials Testing in the Amount of $30,000; Authorize the Administrative Services Director to Appropriate an Additional $614,984 from Fund 221 of Road Maintenance and Rehabilitation Account (RMRA) Funds to Fund the 291 - 747

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Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

16. DISCUSSION - ACTION ITEMS

16.A. Discussion and Consideration of a Proposed City of Hemet Hotel Incentive Program
Staff Report #24-013 - Pdf
Attachment 1 - Ordinance Hotel Incentive
Attachment 2 - Analysis of Conceptual Renovated 33 Room Hotel (2) Attachment 3 - Analysis of Conceptual New 70 Room Hotel Attachment 4 - The AAA 5 Diamond Award® Rating System

Recommendation:

It is respectfully recommended that the City Council:

Discuss and provide direction to the City Manager regarding draft recommendations of Hotel Incentive Program elements.
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16.B. Consideration of a Resolution of the City Council of the City of Hemet, California, Supporting the Need for Expanded Public Higher Education Institutions Within Southwestern Riverside County and Funding for the Cost of Tenant Improvements to Create an Expanded Presence for California State University, San Marcos at the Mt. San Jacinto College Campus in Temecula Valley
Staff Report #23-438 - Pdf

Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Supporting the Need for Expanded Public Higher Education Institutions Within Southwestern Riverside County and Funding for the Cost of Tenant Improvements to Create an Expanded Presence for California State University, San Marcos at the Mt. San Jacinto College Campus in Temecula Valley.
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17. CITY COUNCIL AND STAFF REPORTS

COUNCIL MEMBER KRUPA

1. Hemet Housing Authority

2. Hemet Public Library Board of Trustees

3. Riverside County Airport Land Use Commission *

4. League of California Cities

5. Riverside County Transportation Commission *

6. Riverside Transit Agency

7. Western Riverside County Conservation Authority *

8. Hemet San Jacinto Water Master Board *

COUNCIL MEMBER LILIENTHAL

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1. Hemet Housing Authority

2. Skate Park Committee

3. Community Action Commission of Riverside County

4. Riverside County Transportation Commission

5. Riverside Transit Agency*

6. Western Riverside Council of Governments

7. League of California Cities

COUNCIL MEMBER KENDRICK

1. Investment Oversight Committee

2. Planning Commission

3. Riverside County Habitat Conservation Agency

4. Western Riverside County Conservation Authority *

5. League of California Cities

6. CAJPIA Board

MAYOR PRO TEM PETERSON

1. Investment Oversight Committee

2. Riverside County Habitat Conservation Agency

3. Ramona Bowl Board of Directors

4. Hemet San Jacinto Water Master Board *

5. League of California Cities

6. Western Riverside Council of Governments *

7. CAJPIA Board

MAYOR MALES

1. Skate Park Committee

2. League of California Cities

3. Western Riverside Council of Governments *

4. Planning Commission

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 (Males/Peterson)

4. Business Outreach Ad-Hoc Committee (Males/Peterson)

5. Cal Trans Liaison Ad-Hoc Committee (Peterson/Krupa)

6. CDBG Ad-Hoc Committee (Lilienthal/Kendrick)

7. Banner Program Ad-Hoc Committee (Krupa/Males)

8. Veterans Memorial Ad-Hoc Committee (Peterson/Males)

9. Strategic Plan Update Ad-Hoc Committee (Kendrick/Lilienthal)

CITY MANAGER MARK PRESTWICH

18. 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.

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Date & Time: January 24, 2024 at 6:30 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 available 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 no 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 requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director;

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

TITLE:

An Ordinance of the City Council of the City of Hemet, Amending Various Sections of Chapter 90 (Zoning) of the Hemet Municipal Code, including Article XXVI Commercial Zones and Article XXX Manufacturing Zones for inclusion of Manufacture and Assembly, Rental, and Sale of Off-Site Construction Mobile Units in the C-M (Commercial Manufacturing) Zone; and Storage Yard for Off- Site construction in conjunction with a single-tenant manufacturing facility in the M-2 (Heavy Manufacturing) Zone

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

BACKGROUND:

Pacific Mobile Structures, Inc. has submitted a Conditional Use Permit development application to the City of Hemet to allow the company to carry out operations that include light manufacturing, assembly, storage, and service of off-site mobile office units and storage containers for rent and use by a variety of agencies such as school campuses, construction sites, and government agencies.

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14.A.

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The site encompasses two parcels totaling 13.64 acres in a portion of the City that is zoned C-M (Commercial Manufacturing) and M-2 (Heavy Manufacturing) with a General Plan Land Use Designation of Industrial. The properties are located on the west side of Santa Fe Street, and south of Oakwood Street. Schoolhouse Manufacturing, a similar type facility that is located to the north of the property is under the jurisdiction of the City of San Jacinto.

Although similar to other uses permitted in the zone, the manufacture and assembly of off-site construction is not specifically listed in the C-M (Commercial Manufacturing) zoning code matrix table, nor is the outdoor storage of off-site construction of mobile/modular office units listed in the M-2 (Heavy Manufacturing) zoning matrix table. At the time of application and project review, under prior administration, the development was deemed to be sufficiently similar to uses permitted within the zone. The recommendation of this action seeks to specifically include the manufacture and assembly of off-site construction and the outdoor storage of offsite construction of mobile/modular office units to the zoning code matrix table.

In accordance with Sections 90-1481 and 90-3 of the Hemet Municipal Code, when a use is not specifically listed as a permitted use or conditional use under a particular zone, and when that use is proposed or classification is requested, the director of community development shall determine whether the use is sufficiently similar to a listed use in the particular zone to justify a finding that it should be deemed a permitted use or conditional use in one or more zones. Before permitting or classifying an unlisted use, the director shall first determine that all of the following conditions exist:

The director shall notify the planning commission and city council of the determination of use.

Once the determination has been made the director shall initiate an amendment to the zoning ordinance.

Upon notification of the Determination of Use 23-001 on December 12, 2023, the City Council directed the City Manager to prepare an Ordinance Amendment to the Hemet Municipal Code for Uses listed based on the findings provided in accordance with Section 90-3.

On December 19, 2023 the Planning Commission was notified of the determination of use.

ANALYSIS:

Determination of Use
In accordance with Sections 90-1481 and 90-3 of the Hemet Municipal Code, the findings are as follows:

Findings

The Hemet Municipal Code Section 90-3 (Interpretation of Chapter), discusses when a use is not specifically listed as a permitted use or conditionally permitted use under a particular zone, the Director shall determine whether the use is sufficiently similar to a listed use in the one or more zones with the following findings.

1. The proposed use would meet the objectives of the zone.

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and use by a variety of agencies such as school campuses, construction sites, and government agencies.

The site encompasses two parcels of land totaling 13.64 acres on properties that are zoned C-M (Commercial Manufacturing) and M-2 (Heavy Manufacturing) with a General Plan Land Use Designation of I (Industrial). The underlying General Plan land use designation is intended to accommodate a range of manufacturing, business office, assembly, fabrication, construction, transportation, logistics, and auto repair uses.

Parcel 1: Approximately 4.5 acres of the site is located within the C-M (Commercial Manufacturing) zone and would include light manufacturing and warehousing, business office, fabrication, assembly, and service repairs for a single-tenant operation. The objective of the C-M (Commercial Manufacturing) zone is to designate areas for desirable mixes of retail or wholesale outlets and other commercial uses, warehousing and distributing uses, and light manufacturing uses, which will be compatible with one another.

Parcel 2: Approximately 9 acres of the site is proposed to be devoted to outdoor storage and parking areas for the off-site mobile units. The zoning of the site is M-2 (Heavy Manufacturing).

The objective of the M-2 (Heavy Manufacturing) zone is to provide for a range of manufacturing and processing uses, research and development, large single-tenant distribution and sales, and warehousing. The proposed outdoor storage area will support off-site construction units for large single-tenant distribution, sales, and rental.

Therefore, the proposed use would meet the objectives of the zone.

2. The proposed use and its operation are compatible with the uses permitted in the zone.

Parcel 1: Approximately 4.5 acres of the site is located within the C-M (Commercial Manufacturing) zone.

Assembly & Storage
During maintenance and repair operations in a 13,743 square-foot manufacturing and assembly building, the mobile units will undergo repair and remodeling after rental return and prior to being placed back into the rental fleet. From the assembly facility, the units ready for rental will be shifted to the outdoor storage and parking area until they return to rental use on the M-2 (Heavy Manufacturing Zone) property. No outdoor storage is permitted on the C-M zoned property.

Light Manufacturing
Initial operations are not proposed to include any manufacturing operations. At some point in the future, when the proposed 40,000-square-foot warehouse is completed, the facility will be capable of conducting light manufacturing activities in support of operations.

Service
Standard maintenance activities within the facility include cleaning units, touch-up painting, new flooring, and minor electrical or HVAC repairs. Materials stored indoors at the site may consist of

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such materials as paint, cleaning supplies, flooring, sheetrock, and dimensional lumber. Materials will be stored on racks and on the building mezzanine. Once the warehouse is constructed, it will store various products that the Company rents in conjunction with the rental units, such as desks, chairs, and tables.

C-M (Commercial Manufacturing) Zone
Pursuant to Section 90-893 of the Hemet Municipal Code, similar and compatible uses permitted within the C-M (Commercial Manufacturing) zone include:

 Manufacture, assembly, display, and sales of modular homes.  Manufactured home sales with or without on-site display of models and inventory  Assembly of small electronics, cabinets, furniture, equipment, and similar materials with no outdoor storage or operations.
 Miscellaneous Manufacturing—Light. (e.g., jewelry, office supplies, cosmetics, sporting goods) with no outdoor storage or operations.
 Machine shop with no outdoor operations.
 Distribution facilities, including, but not limited to, bottled water, food products, prepacked goods, and machinery.

Parcel 2: Approximately 9 acres of the site is proposed to be devoted to outdoor storage and parking area of the off-site construction mobile units on the property zoned M-2 (Heavy Manufacturing).

Outdoor Storage Area
From the assembly facility, the units ready for rental will be shifted to the outdoor storage and parking area until return to rental use.

M-2 (Heavy Manufacturing Zone)
Pursuant to Section 80-893 of the Hemet Municipal Code, similar and compatible permitted uses within the M-2 (Heavy Manufacturing Zone) include:

 Recreational vehicle storage.
 Storage yard for contractor equipment and materials.
 Equipment Rental

Therefore, the proposed use and its operation are compatible with the uses permitted in the zone.

3. The proposed use is similar to one or more uses in the zone.

Finding: zone Manufacturing) (Commercial C-M uses in permitted include, Similar the Manufacture, assembly, display, and sales of modular homes; Manufactured home sales with or without on-site display of models and inventory; Assembly of small electronics, cabinets, furniture, equipment, and similar materials with no outdoor storage or operations; Miscellaneous manufacturing—Light. (e.g., jewelry, office supplies, cosmetics, sporting goods) with no outdoor storage or operations; Machine shop with no outdoor operations; Distribution facilities, including, but not limited to bottled water, food products, prepacked goods, and machinery.

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Additionally, similar permitted uses in the M-2 (Heavy Manufacturing) zone include recreational vehicle storage, storage yard for contractor equipment and rentals, and miscellaneous equipment rentals.

Therefore, the proposed use is similar to one or more uses in the zone.

DISCUSSION:

Recommendation

Based on the determination of use, the following amendments to the zoning code are proposed.

STRATEGIC PLAN INTEGRATION:

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

Objective 2: Increase transparency for the public.

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

Objective 3: Develop programs to offer support to the community's businesses.

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

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

FISCAL IMPACT:

No Fiscal Impact.

ATTACHMENT(S):

Attachment No. 1 ZOA 24-002 Off-Site Construction Ordinance Attachment No. 2 Commercial Zones Sec._90_893.___Permitted_uses_Redline Strike-Through.

Attachment No. 3 Manufacturing Zones Sec._90_1043.___Permitted_uses. Redline Strike-Through

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CITY OF HEMET ORDINANCE NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2024-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AMENDING VARIOUS
SECTIONS OF CHAPTER 90 (ZONING) OF THE HEMET

MUNICIPAL CODE INCLUDING ARTICLE XXVI

COMMERCIAL ZONES AND ARTICLE XXX

MANUFACTURING ZONES FOR INCLUSION OF

MANUFACTURE AND ASSEMBLY, RENTAL, AND SALE

OF OFF-SITE CONSTRUCTION OF MOBILE UNITS IN
THE C-M (COMMERCIAL MANUFACTURING) ZONE; AND

STORAGE OF OFF-SITE CONSTRUCTION IN

CONJUNCTION WITH A SINGLE TENANT
MANUFACTURING FACILITY IN THE M-2 (HEAVY

MANUFACTURING) ZONE
WHEREAS, Pacific Mobile Structures, Inc. has submitted a Conditional Use Permit development application to the City of Hemet to allow the company to carry out operations that include light manufacturing, assembly, storage, and service of off-site mobile office units and storage containers for rent and use by a variety of agencies such as school campuses, construction sites, and government agencies. Although similar to other uses permitted in the zone, the manufacture and assembly of off-site construction is not specifically listed in the C-M (Commercial Manufacturing) zoning code matrix table, nor is the outdoor storage of off-site construction of mobile/modular office units listed in the M-2 (Heavy Manufacturing) zoning matrix table.

WHEREAS, In accordance with Sections 90-1481 and 90-3 of the Hemet Municipal Code, when a use is not specifically listed as a permitted use or conditional use under a particular zone, and when that use is proposed or classification is requested, the director of community development shall determine whether the use is sufficiently similar to a listed use in the particular zone to justify a finding that it should

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CITY OF HEMET ORDINANCE NO. 2024-XXX 2
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be deemed a permitted use or conditional use in one or more zones. Before permitting or classifying an unlisted use, the director shall first determine that all of the following conditions exist (conditions and findings listed below). The director shall notify the planning commission and city council of the determination of use. Once the determination has been made the director shall initiate an amendment to the zoning ordinance.

WHEREAS, upon notification of the determination of use on December 12, 2023, the City Council directed the City Manager to prepare an Ordinance Amendment to the Hemet Municipal Code for uses listed based on the findings provided in accordance with Section 90-3 as outlined in Section 1 below.

WHEREAS, on December 19, 2023, the Planning Commission was notified of the determination of use.

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

SECTION 1. FINDINGS. The recitals set forth above are hereby adopted as findings in support of this Ordinance, and in accordance with Section 90-3 of the Hemet Municipal Code as provided below:

1. The proposed use would meet the objectives of the zone.

Finding: Pacific Mobile Structures, Inc. has submitted a Conditional Use Permit development application to the City of Hemet to allow the company to carry out operations that include the manufacture, assembly, storage, and service of off-site mobile office and storage units for rent and use by a variety of agencies such as school campuses, construction sites, and government agencies. The site encompasses two parcels of land totaling

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CITY OF HEMET ORDINANCE NO. 2024-XXX 3
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13.64 acres on properties that are zoned C-M (Commercial Manufacturing) and M-2 (Heavy Manufacturing) with a General Plan Land Use Designation of I (Industrial). The underlying General Plan land use designation is intended to accommodate a range of manufacturing, business office, assembly, fabrication, construction, transportation, logistics, and auto repair uses.

Parcel 2: Approximately 9 acres of the site is proposed to be devoted to outdoor storage and parking areas for the off-site mobile units. The zoning of the site is M-2 (Heavy Manufacturing). The objective of the M-2 (Heavy Manufacturing) zone is to provide for a range of manufacturing and processing uses, research and development, large single-tenant distribution and sales, and warehousing. The proposed outdoor storage area will support off-site construction units for large single-tenant distribution, sales, and rental.

Therefore, the proposed use would meet the objectives of the zone.

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CITY OF HEMET ORDINANCE NO. 2024-XXX 4
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2. The proposed use and its operation are compatible with the uses permitted in the zone.

Parcel 1: Approximately 4.5 acres of the site is located within the C-M (Commercial Manufacturing) zone.

Off-Site Construction
The applicant proposes permanent off-site construction of modular units in a controlled factory environment, utilizing the same materials as a stick-built structure in half the time through the construction of the unit in "modules." Assembly & Storage
During maintenance and repair operations in a 13,743 square-foot manufacturing and assembly building, the mobile units will undergo repair and remodeling after rental return and before being placed back into the rental fleet. From the assembly facility, the units ready for rental will be shifted to the outdoor storage and parking area until they return to rental use on the M-2 (Heavy Manufacturing Zone) property. No outdoor storage is permitted on the C-M zoned property.

Light Manufacturing
Initial operations are not proposed to include any manufacturing operations.

At some point in the future, when the proposed 40,000-square-foot warehouse is completed, the facility will be capable of conducting light manufacturing activities in support of operations.

Service

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CITY OF HEMET ORDINANCE NO. 2024-XXX 5
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Standard maintenance activities within the facility include cleaning units, touch-up painting, new flooring, and minor electrical or HVAC repairs.

Materials stored indoors at the site may consist of such materials as paint, cleaning supplies, flooring, sheetrock, and dimensional lumber. Materials will be stored on racks and on the building mezzanine. Once the warehouse is constructed, it will store various products that the Company rents in conjunction with the rental units, such as desks, chairs, and tables.

C-M (Commercial Manufacturing) Zone
Pursuant to Section 90-893 of the Hemet Municipal Code, similar and compatible uses permitted within the C-M (Commercial Manufacturing) zone include:
•Manufacture, assembly, display, and sales of modular homes. •Manufactured home sales with or without on-site display of models and inventory.
• Assembly of small electronics, cabinets, furniture, equipment, and similar materials with no outdoor storage or operations. •Miscellaneous Manufacturing—Light. (e.g., jewelry, office supplies, cosmetics, sporting goods) with no outdoor storage or operations. •Machine shop with no outdoor operations.
•Distribution facilities, including, but not limited to, bottled water, food products, prepacked goods, and machinery.

Parcel 2: Approximately 9 acres of the site is proposed to be devoted to outdoor storage and parking area of the off-site construction mobile units on the property zoned M-2 (Heavy Manufacturing).

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CITY OF HEMET ORDINANCE NO. 2024-XXX 6
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Outdoor Storage Area
From the assembly facility, the units ready for rental will be shifted to the outdoor storage and parking area until return to rental use.

M-2 (Heavy Manufacturing Zone)
Pursuant to Section 80-893 of the Hemet Municipal Code, similar and compatible permitted uses within the M-2 (Heavy Manufacturing Zone) include:
•Recreational vehicle storage.
•Storage yard for contractor equipment and materials.
•Equipment Rental
Therefore, the proposed use and its operation are compatible with the uses permitted in the zone.

3. The proposed use is similar to one or more uses in the zone.

Similar uses permitted in the C-M (Commercial Manufacturing) zone include the manufacture, assembly, display, and sales of modular homes; Manufactured home sales with or without on-site display of models and inventory; Assembly of small electronics, cabinets, furniture, equipment, and similar materials with no outdoor storage or operations; Miscellaneous manufacturing—Light. (e.g., jewelry, office supplies, cosmetics, sporting goods) with no outdoor storage or operations; Machine shop with no outdoor operations; Distribution facilities, including, but not limited to bottled water, food products, prepacked goods, and machinery.

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CITY OF HEMET ORDINANCE NO. 2024-XXX 7
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Additionally, similar permitted uses in the M-2 (Heavy Manufacturing) zone include recreational vehicle storage, storage yard for contractor equipment and rentals, and miscellaneous equipment rentals.

Therefore, the proposed use is similar to one or more uses in the zone.

SECTION 2. AMENDMENT OF PARAGRAPH H OF SECTION 90-893 OF CHAPTER 90 (ZONING), SUBSECTION 4 OF ARTICLE XXVI (COMMERCIAL

ZONES) OF THE HEMET MUNICIPAL CODE IS HEREBY AMENDED TO READ AS FOLLOWS:

Sec. 90-893. Permitted uses.

COMMERCIAL ZONES LAND USE MATRIX
P=Permitted Use
A=Administratively Permitted Use
C=Conditionally Permitted Use
T=Temporary Use Permit
X=Not Permitted
Requirements: Additional or explanatory regulations or requirements

LAND USE ZONE ADDITIONAL

REQUIREMENTS
O-P C-1 C-2 C-M
H. Industrial Uses

1. Assembly of small electronics, cabinets,
furniture, equipment, and similar
materials with no outdoor storage or
operations

P X A P

2. Distribution facilities, including, but not
limited to bottled water, food products,
prepacked goods, machinery

A X A P

3. Electric battery storage technology,
including electric vehicle battery
technology, developed or manufactured
on-site.

X X X C

4. Machine shop with no outdoor
operations
X X X P Sec. 90-43

5. Manufacture, assembly, display, and
sales of modular homes

X X X P

6. Manufacture, assembly, rental and sales X X X C

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CITY OF HEMET ORDINANCE NO. 2024-XXX 8
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of off-site construction units

7. Miscellaneous manufacturing—Light.
(e.g., jewelry, office supplies, cosmetics,
sporting goods) with no outdoor
storage or operations

X X X P

8. Recycling facilities
a. Donation box X X A A
b. Collection facility X X C C
c. Processing facility X X X C

9. Research and development P P P P

10. Research and development facilities for
advanced technology, such as artificial
intelligence, robotics, and computing
indoor only

P P P P

11. Stationary battery facility indoor only P P P P

12. Storage facility (personal, mini-storage) X X X C Secs. 90-4, 90-81

13. Storage and service yard including
vehicle storage

X X X C
SECTION 3. AMENDMENT OF PARAGRAPH H OF SECTION 90-1043 OF CHAPTER 90 (ZONING), SUBSECTION 4 OF ARTICLE XXX (MANUFACTURING

ZONES) OF THE HEMET MUNICIPAL CODE IS HEREBY AMENDED TO READ AS FOLLOWS:

Sec. 90-1043. Permitted uses.

MANUFACTURING ZONES LAND USE MATRIX
P = Permitted Use
A = Administratively Permitted Use
C = Conditionally Permitted Use
X = Not Permitted
Requirements: Additional or explanatory regulations or requirements ZONE BP M-1 M-2 Requirements
H. Industrial Uses

1. Aircraft products P P P

2. Antique restoration P P P

3. Apparel manufacturing P P P

4. Beverage and tobacco products
manufacturing
C C C

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CITY OF HEMET ORDINANCE NO. 2024-XXX 9
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5. Boat building C C P

6. Chemical product manufacture X C C

7. Commercial laundry, carpet cleaning, dying
plant
X C C

8. Electronics, electrical equipment, and
appliance manufacturing
P P P

9. Equipment manufacturing, assembly, service
(business, medical, scientific, musical)
P P P

10. Equipment rental X C P 90-1046(g)(2)

11. Food manufacturing C P P

12. Furniture and fixture manufacturing P P P

13. Leather products manufacturing P P P

14. Machinery manufacturing, heavy equipment C C P

15. Metal products manufacturing and
fabrication
P P P

16. Miscellaneous manufacturing - light (e.g.,
jewelry, office supplies, cosmetics, sporting
goods)
P P P

17. Miscellaneous manufacturing - general (e.g.,
glass and glass products, graphite and
graphite products, metal casting)
P P P

18. Mobile home and manufactured housing
fabrication and assembly
X X C

19. Paint manufacturing and paint shops X C C

20. Paper products manufacturing P P P

21. Petroleum products distribution and storage X X C

22. Pharmaceutical manufacturing P P P

23. Plastics and rubber products manufacturing;
injection molding
P P P

24. Printing and publishing P P P

25. Recycling Facilities
a. Donation box X X X
b. Reverse vending machine X X X
c. Collection facility X C C
d. Processing facility X C C
90-4
90-81

26. Research and development laboratories and
facilities
P P P

27. Scientific, optical, medical, dental, and
similar uses equipment assembly
P P P

28. Scrap and dismantling yard X X C

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CITY OF HEMET ORDINANCE NO. 2024-XXX 10
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29. Stationary battery facility indoor only P P P

30. Stone products manufacturing and
processing
X C C

31. Storage facility (personal, mini-storage) X C C 90-4 90-81

32. Storage yard for contractor equipment and
materials
X C A

33. Storage yard for off-site construction of
mobile units for sale and rental in
conjunction with single-tenant
manufacturing and assembly facility
X C C

34. Structural clay, pottery, and ceramic
products
C P P

35. Swap meet X X C Sec. 90-4
a. Indoor only X X C
b. Outdoor X X X

36. Textile manufacturing P P P

37. Warehouses and product fulfillment centers 90-4
a. Less than 400,000 square feet P P P
b. 400,000 square feet and over C A A

38. Wholesale of goods and services (business to
business)
P P P

39. Wood products manufacturing P P P
SECTION 4. CEQA FINDINGS. The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Nothing herein constitutes the City’s approval of any applications, Development Project entitlements and/or permits. Therefore, ZOA 24-002 amendment to the zoning code in itself will not result in any physical project nor will it result in any physical change to the environment, and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the

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CITY OF HEMET ORDINANCE NO. 2024-XXX 11
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environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 5. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

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. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).

INTRODUCED at the regular meeting of Hemet City Council on the _______ day of January 2024.

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CITY OF HEMET ORDINANCE NO. 2024-XXX 12
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APPROVED AND ADOPTED this _______ day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET ORDINANCE NO. 2024-XXX 13
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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 _ day of January, 2024, 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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Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)

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Sec. 90-893. Permitted uses.

In the OP, C-1, C-2, and C-M zones, permitted and conditionally permitted uses shall be as listed within the "land use matrix."
(1) Whenever a business is conducted, a city business license is required pursuant to chapter 18. (2) Additional Municipal Code requirements and standards may apply to specific land uses as identified in the land use matrix under "additional requirements."
(3) All other uses not specifically listed in the matrix shall be interpreted as not permitted unless a similar use determination is made by the director pursuant to section 90-3. (4) The definitions of section 90-4 shall apply. Uses not defined in section 90-4 shall be as determined by the director.

LAND USE ZONE ADDITIONAL

REQUIREMENTS
O-P C-1 C-2 C-M
A. Agriculture and Natural Resources

1. Plant nurseries and greenhouses
a. Wholesale C C C A
b. Retail P P P P

2. Community garden A A A A

3. Produce stands
a. Permanent X C C C
b. Temporary T T T T Sec. 90-73
B. Residential Uses

1. Boarding houses C X X X Sec. 90-261 et seq.

2. Continuing care retirement community C C C X

3. Group homes
a. Large group home (7 or more
residents)
C X X X Sec. 90-261 et seq.
b. Small group home (6 or fewer
residents)
C X X X Sec. 90-261 et seq.
c. Parolee-probationer home C X X X Sec. 90-261 et seq.

4. Mixed use, an integrated mix of
residential and office/commercial uses
on a single site

C C C X

5. Mobile home park, recreational vehicle
park, travel trailer park
X X C C Article XX or XXIII

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C. Care Uses

1. Assisted living facility C C C X

2. Detention Facility Sec. 90-83
a. Community detention facility for
unaccompanied minors
X X X X Sec. 90-83
b. Private detention center X X X X Sec. 90-83

3. Emergency shelter. Existing shelter
permitted in C-1 zone pursuant to
section 90-303(b)
X X X C Article X, Division 4

4. Skilled nursing facility C C C X
D. Education, Public Assembly, and Recreation Uses

1. Auditoriums, meeting halls, conference
facilities—public and private

C C C C

2. Church, temple synagogue or other
religious facility including, but not
limited to, parish house, convent,
parsonage, monastery, religious school

C C C C

3. Commercial recreation facility
a. Indoor (e.g., bowling alley, batting
cages, skating rinks, trampoline)

X C C C
b. Outdoor (e.g., golf course, lawn
bowling, baseball park, miniature golf,
water park)

X C C C

4. Education facilities—Private and public
a. Academic (grades preschool—12) A A A A
b. Colleges/universities A A A A
c. Professional and technical school P P P P
d. Trade school X X X P

5. Studio such as art, music, martial arts,
dance, or gymnastics

P P P P

6. Theatre - movies or performing arts C C C C

7. Wedding or event venue C C C X
E. Retail Trade Uses

1. Adult business X X X C Sec. 90-18

2. Alcohol sales Sec. 90-90
a. In conjunction with an exempt land
use

P P P P
b. Liquor store X X C C
c. Microbrewery that brews its own
beer for on-site consumption

C X C C
d. All other on-sale and off-sale alcohol
sales
C C C C Sec. 90-90

3. Bank P P P P
a. With drive-through C C C C Sec. 90-1423(B)(22)

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b. Financial tech companies P P P P

4. Bar or nightclub X C C C Sec. 90-90

5. Convenience store C C C C

6. General retail uses P P P P
a. Open outside the hours of 7:00 am -
10:00 pm
A A A A Sec. 90-43
b. With alcohol—Refer to alcohol sales - - - - Sec. 90-892(E)(2) c. Conversion of large retail building C C C C Sec. 90-897(e)

7. Farm equipment and supplies X X P P

8. Furniture and furnishings X P P P

9. Grocery store and bulk food outlet X P P P
a. Open outside the hours of 7:00 am—
10:00 pm
A A A A Sec. 90-43
b. With alcohol—Refer to alcohol sales - - - - Sec. 90-892(E)(2)

10. Manufactured home sales with or
without on-site display of models and
inventory

X X X P

11. Pawn shop X X C X Sec. 90-4

12. Pharmacies P P P P
a. With drive-through C C C C Sec. 90-1423(B)(22)
b. Open outside the hours of 7:00 am—
10:00 pm
A A A A Sec. 90-43
c. With alcohol—refer to alcohol sales - - - - Sec. 90-892(E)(2)

13. Resale Store (includes antique,
consignment, secondhand, and vintage)
with no donation drop-off or collection
center on-site
X P P P Sec. 90-4

14. Restaurant including coffee, donut, ice
cream

P P P P
a. With live entertainment C C C C
b. With drive-through X C C C Sec. 90-1423(B)(22)
c. With outdoor seating A A A A
d. With alcohol—Refer to alcohol sales - - - - Sec. 90-892(E)(2)

15. Shopping center:
a. Regional mall or center (400,000+ sf) X X P C
b. Shopping center (125-399,999 sf) X C P P
c. Neighborhood center (30-124,999 sf) C P P P
d. Convenience or strip center (29,999
or less sf)

X P P P

16. Showroom design centers with limited
retail sale of products associated with
home improvement and decorating

P P P P

17. Thrift store (including collection center) X C C C Sec. 90-4

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F. Service Uses

1. Adult day care facility P P P A

2. Animal services
a. Kennel for dogs and cats X X X C Sec. 90-78
b. Grooming/training P P P P
c. Veterinary clinic, animal hospital P P P P

3. Beauty shop, day spa, barber, nails P P P P

4. Bed and breakfast lodging A A A X

5. Business support services such as
printing, copying, shipping, postal

P P P P

6. Health and fitness centers
a. Small—less than 3,000 sf P P P P
b. Large—3,000 sf or larger A A A A

7. Childcare day facility A A C C

8. Hotel or motel C C C C Sec. 90-898

9. Laundromat X P P P

10. Laundry and dry cleaning (drop off only) P P P P

11. Marijuana dispensary, marijuana
cultivation facility, commercial cannabis
activity
X X X X Sec. 90-79

12. Massage Chapter 18, Article VII
a. Massage establishment C X C C
b. Incidental massage services offered
by barbershops, beauty salons, day
spas, nail salons

P P P P
c. Medical massage as a prescribed
treatment and offered within a medical
facility, physical therapy, or chiropractic
office

P P P P

13. Medical and dental
a. Laboratory P P P P
b. Offices, clinics, medical center P P P P
c. Urgent care clinic P A P P
i. Open outside the hours of 7:00 am—
10:00 pm
A A A A Sec. 90-43
d. Hospital C C C X
e. Biotechnology company, including
laboratory for biotechnology including
medical and dental only

P P P P
f. Laboratory for biotechnology,
including molecular biology, genomics,
metabolomics, proteomics, production
of food and chemical and biofuels

C C P P
g. Biotechnology companies, C C C P

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laboratories including molecular
biology, genomics, metabolomics,
proteomics, production of food and
chemicals and biofuel

14. Mortuary with or without crematorium X X P P

15. Offices—general P P P P

16. Tattoo, body piercing X X C C

17. Tobacco store X X C C Sec. 90-80
G. Vehicle Uses

1. Automotive maintenance and repair
services
Sec. 90-897(b)
a. Major repair, body work, paint shop
including overnight vehicle storage

X X C P
b. Minor maintenance, installation
services, smog certification. No
overnight vehicle storage

X P P P
c. Tire and brake services X C P P

2. Automotive parts sales within an
enclosed building

X P P P

3. Automobile rental services X X P P

4. Car wash—self or full-service X C P P

5. Electric recharging facilities P P P P

6. Gas station, with or without a
convenience store
X C C C Sec. 90-897

7. New and used vehicle sales including
automobile, motorcycle, and marine
Sec. 90-897
a. Within a building only X P P P
b. With exterior display area X X C C
H. Industrial Uses

1. Assembly of small electronics, cabinets,
furniture, equipment, and similar
materials with no outdoor storage or
operations

P X A P

2. Distribution facilities, including, but not
limited to bottled water, food products,
prepacked goods, machinery

A X A P

3. Electric battery storage technology,
including electric vehicle battery
technology, developed or manufactured
on-site.

X X X C

4. Machine shop with no outdoor
operations
X X X P Sec. 90-43

5. Manufacture, assembly, display, and
sales of modular homes

X X X P

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6. Manufacture, assembly, rental and sales
of off-site construction units

X X X C

7. Miscellaneous manufacturing—Light.
(e.g., jewelry, office supplies, cosmetics,
sporting goods) with no outdoor
storage or operations

X X X P

8. Recycling facilities
a. Donation box X X A A
b. Collection facility X X C C
c. Processing facility X X X C

9. Research and development P P P P

10. Research and development facilities for
advanced technology, such as artificial
intelligence, robotics, and computing
indoor only

P P P P

11. Stationary battery facility indoor only P P P P

12. Storage facility (personal, mini-storage) X X X C Secs. 90-4, 90-81

13. Storage and service yard including
vehicle storage

X X X C
I. Transportation, Communication, and Infrastructure Uses

1. Parking facilities P P P P Article XL

2. Solar energy systems—commercial or
utility ground mounted

X X X C

3. Solar energy systems building
mounted—non-commercial (serving the
development site)

P P P P

4. Taxi, dial-a-ride, or other fleet dispatch
and maintenance facility

X X X C

5. Wireless communication facility
a. Minor facility A A A A Article XLVI
b. Major facility C C C C Article XLVI
J. Government Uses

1. Courthouse and associated facilities C X C C

2. Library P P P X

3. Maintenance yard, fueling station,
scales, car wash, overnight parking or
other vehicle services solely serving the
public facility

X X X P

4. Museum A A P A

5. Public safety facility P C C P
K. Accessory Uses

1. Accessory uses and structures P P P P Sec. 90-895(e)

2. Metal storage containers
a. Temporary use TUP TUP TUP TUP Secs. 90-73; 90-82

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b. Permanent accessory structure X X P P Sec. 90-82

3. Outdoor activities accessory to a
primary use
a. Display of merchandise A A A A Sec. 90-897(e)
b. Outdoor seating A A A A
Supplemental Use Regulations

1. Accessory buildings Sec. 90-895(e)

2. Alcohol sales, on-site and off-site Sec. 90-90

3. Automotive related uses—supplemental site
standards
Sec. 90-897

4. Conversion of large retail building Sec. 90-897(e)

5. Massage establishments Chapter 18, Article VII, Sec. 211 et seq.

6. Metal storage containers Sec. 90-92

7. Outdoor display of merchandise Sec. 90-897(f)

8. Shopping cart containment Sec. 30-71 et seq.

9. Tobacco sales Sec. 90-80
(Ord. No. 1837, § 1(Exh. B), 6-14-11; Ord. No. 1852, § 4(Exh. D), 6-12-12; Ord. No. 1855, § 3(Exh. B, § 3), 9-11-12; Ord. No. 1857, § 2, 9-25-12; Ord. No. 1858, § 2(Exh. B(A)), 1-22-13; Ord. No. 1866, § 2(Exh. B), 7-23-13; Ord. No. 1867, § 2(Exh. A2), 8-13-13; Ord. No. 1892 , § 1(Exh. A3), 12-9-14; Ord. No. 1909 , § 1(Exh. D), 1-12-16; Ord. No. 1919 , § 1(Exh. 5), 9-27-16; Ord. No. 1929 , § 1(Exh. A-1), 6-13-17; Ord. No. 1943 , § 1(Exh. B), 2-27-18; Ord. No. 1944 , § 1(Exh. C), 2-27-18; Ord. No. 1949 , § 9(Exh. A, 9), 9-25-18; Ord. No. 1957, §§ 4, 5, 6-11-19; Ord. No. 1969(2020-008), § 4, 5-12-20; Ord. No. 1972, § 2, 2-9-21; Ord. No. 1982, § 2, 9-28-21; Ord. No. 1984, §§ 3, 4, 12- 14-21)
Editor's note(s)—See the note to § 90-892.

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Sec. 90-1043. Permitted uses.

In the BP, M-1 and M-2 zones, permitted (P), administratively permitted (A), and conditionally permitted (C) uses shall be listed within the "Land Use Matrix." Whenever a business is conducted, a city business license is required pursuant to chapter 18. Uses located within the Hemet-Ryan Airport Influence Area are subject to the requirements of the Riverside County Airport Land Use Plan, which may further limit structure heights or permitted uses depending upon the site location. All uses must be conducted indoors unless otherwise specified by the provisions of this article and are subject to performance standards pursuant to section 90-1048.

1. Plant nurseries and greenhouses
a. Wholesale X A A
b. Retail X X X
B. Residential Uses—Not Permitted
C. Care Uses—Not Permitted
D. Education, Public Assembly, and Recreation Uses

1. Auditoriums, meeting halls, and conference
facilities—Public and Private
C C X

2. Churches, places of worship C X X

3. Commercial recreation facilities
a. Indoor (e.g., arcade, bowling, billiards,
batting cages, handball courts)
C C C
b. Outdoor (e.g., golf courses, lawn bowling,
baseball parks, basketball courts, sports
facilities, miniature golf)
C C C

4. Community Centers C X X

5. Educational facilities - private and public
a. Academic (Grades K-12) X X X
b. Colleges/Universities P X X
c. Commercial (trade) schools A A A

6. Studio such as art, music, design, recording,
martial arts, dance or gymnastics.

P P X
E. Retail Trade Uses

1. Adult business X C C 18.352
90-18
90-4

2. General retail uses such banks, Financial Tech
Companies and personal services
P P P

3. Micro-brewery (brew-pub) that brews its own
beer for on-site consumption
C C X

4. Restaurants

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a. Dining without sale of alcohol, live
entertainment or drive-through
P P X
b. Dining with sale of alcohol, live
entertainment, or drive-through
C C X

5. Retail sale of products manufactured on-site
when no more than 25 percent of floor area is
used for retail sales
P P P

6. Showroom design centers with limited retail
sale of products associated with home
improvement and decorating.

P P P
F. Service Uses

1. Ambulance services X P P

2. Animal services
a. Boarding/Training—Day only X A A
b. Boarding/Training—Overnight stays X C C
c. Grooming X A A
d. Veterinary clinic, animal hospital C C C

3. Biotechnology companies, laboratories,
including molecular biology, genomics,
metabolomics, proteomics, production of
food and chemical, and biofuels
C P P

4. Biotechnology companies, including
laboratories for medical and dental only
P P P

5. Business support services such as printing,
copying, shipping, postal
P P P

6. Detention facility Sec. 90-83
a. Community detention facility for
unaccompanied minors
X X X Sec. 90-83
b. Private detention center X X X Sec. 90-83

7. Health and fitness centers
a. Small—Less than 3,000 sf P P P
b. Large—3,000 sf or greater A C C

8. Hotel C X X

9. Laboratory for medical, dental, film, research
and similar uses
P P P

10. Medical and dental
a. Laboratories P P P
b. Offices and clinics P X X
c. Urgent care clinics with extended hours A A A

11. Mortuary with or without crematorium X C C

12. Offices—General
a. Professional P P P
b. Technological such as graphic design, GIS,
film editing
P P P

13. Research and development facilities such as
artificial intelligence, robotics, and computing
indoor only
P P P

14. Taxi, bus charter, dial-a-ride and other similar X P P

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transportation service
G. Vehicle Uses

1. Alternative fuels and recharging facilities A A A

2. Boat and marine equipment sales, rental, and
repair
C P P Sec. 90-897

3. Car rental services P P X

4. Car wash, full or self-serve X C X

5. Electric recharging facilities P P P

6. Electric Battery Storage Technology, including
Electric Vehicle Battery Technology, stored,
developed or manufactured on-site.

C P P

7. Maintenance and repair services Sec. 90-897
a. Major repair/body work X P P
b. Minor maintenance, installation services,
tire services, smog certification
C P P

8. Service station, with or without allowable
accessory uses
C C C Sec. 90-897

9. Truck scales X P P
H. Industrial Uses

1. Aircraft products P P P

2. Antique restoration P P P

3. Apparel manufacturing P P P

4. Beverage and tobacco products
manufacturing
C C C

5. Boat building C C P

6. Chemical product manufacture X C C

7. Commercial laundry, carpet cleaning, dying
plant
X C C

8. Electronics, electrical equipment, and
appliance manufacturing
P P P

9. Equipment manufacturing, assembly, service
(business, medical, scientific, musical)
P P P

10. Equipment rental X C P 90-1046(g)(2)

11. Food manufacturing C P P

12. Furniture and fixture manufacturing P P P

13. Leather products manufacturing P P P

14. Machinery manufacturing, heavy equipment C C P

15. Metal products manufacturing and fabrication P P P

16. Miscellaneous manufacturing - light (e.g.,
jewelry, office supplies, cosmetics, sporting
goods)
P P P

17. Miscellaneous manufacturing - general (e.g.,
glass and glass products, graphite and
graphite products, metal casting)
P P P

18. Mobile home and manufactured housing
fabrication and assembly
X X C

19. Paint manufacturing and paint shops X C C

20. Paper products manufacturing P P P

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21. Petroleum products distribution and storage X X C

22. Pharmaceutical manufacturing P P P

23. Plastics and rubber products manufacturing;
injection molding
P P P

24. Printing and publishing P P P

25. Recycling Facilities
a. Donation box X X X
b. Reverse vending machine X X X
c. Collection facility X C C
d. Processing facility X C C
90-4
90-81

26. Research and development laboratories and
facilities
P P P

27. Scientific, optical, medical, dental, and similar
uses equipment assembly
P P P

28. Scrap and dismantling yard X X C

29. Stationary battery facility indoor only P P P

30. Stone products manufacturing and processing X C C

31. Storage facility (personal, mini-storage) X C C 90-4 90-81

32. Storage yard for contractor equipment and
materials
X C A

33. Storage yard for off-site construction of
mobile units for sale and rental in conjunction
with single-tenant manufacturing and
assembly facility
X C C

34. Structural clay, pottery, and ceramic products C P P

35. Swap meet X X C Sec. 90-4
a. Indoor only X X C
b. Outdoor X X X

36. Textile manufacturing P P P

37. Warehouses and product fulfillment centers 90-4
a. Less than 400,000 square feet P P P
b. 400,000 square feet and over C A A

38. Wholesale of goods and services (business to
business)
P P P

39. Wood products manufacturing P P P
I. Transportation, Communication and Infrastructure Uses

1. Parking facilities P P P Article XL

2. Recreational vehicle storage X C A 90-1046(g)(5)

3. Satellite dish antennas P P P

4. Solar energy systems - commercial or utility
ground mounted
X C C

5. Solar energy systems building mounted - non-
commercial (serving the development site)
A P P

6. Towing and impound service X C C

7. Transit stop shelter P P P

8. Utility facility C C C

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9. Wireless communication facility
a. Minor facility A A A Article XLVI
b. Major facility C C C Article XLVI
J. Government Uses

1. Courthouse and associated facilities C C C

2. Office uses P P P

3. Post office P P P

4. Public safety facilities P P P

5. Public works facilities X P P
K. Metal Storage Containers

1. Temporary use per HMC 90-82 and 90-73 TUP TUP TUP 90-82 90-73

2. Permanent accessory structure - requires a
metal storage container permit per the
requirements of HMC 90-82
X P P 90-82
(Ord. No. 1553, § 2, 1-28-97; Ord. No. 1581, § 2, 2-24-98; Ord. No. 1591, § 1(4), 9-29-98; Ord. No. 1601, § 1, 5-11- 99; Ord. No. 1657, § 1, 2-12-02; Ord. No. 1875, § 1(Exh. 1A), 1-14-14; Ord. No. 1909 , § 1(Exh. E), 1-12-16; Ord. No. 1929 , § 3(Exh. A-3), 6-13-17; Ord. No. 1943 , § 1(Exh. C), 2-27-18; Ord. No. 1949 , § 11(Exh. A, 11), 9-25-18; Ord.

No. 1969(2020-008), § 5, 5-12-20; Ord. No. 1972, § 2, 2-9-21; Ord. No. 1984, §§ 5—8, 12-14-21)

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director;

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

TITLE:

An Ordinance of the City Council of the City of Hemet, California, Adding Section 90-1428 of Chapter 90 (Zoning), Article XL (Off-Street Parking), of the Hemet Municipal Code of the Trash Enclosure Upgrade Program, and Adding Section 62-16(n) to Chapter 62, Article II (Solid Waste Management), Requirements for commercial businesses. (ZOA 24-001)

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Open a public hearing and take testimony, if any; and

BACKGROUND:

As part of Hemet’s strategic plan, the Staff proposes developing and implementing a trash enclosure program within the City of Hemet.

On April 18, 2023, the City’s Police, Fire (including Code Enforcement), Public Works, City Attorney’s Office, and Office of the City Manager met at the City’s Covell Building to discuss strategies to clean and beautify the community. The participants in this “Beautification/Code Summit” discussed the challenges the community is facing, opportunities to improve the City’s Municipal Code to aid cleanliness and beautification efforts, opportunities to streamline operations, improve communication, discuss resources that would add value, and seek strategies for innovation.

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In this Summit, the City decided that addressing trash enclosures in commercial or industrial zones is one of the first vital steps to start the City’s beautification process.

On October 10, 2023, the City Council established a Trash Enclosure Pilot program to reduce the blight, safety, and security issues that unsecured bins present. The Council appropriated $500,000 in the Fiscal Year 2023-24 budget toward a Trash Enclosure Pilot Program to offset the cost of constructing modern trash enclosures on commercial properties. The Council also approved the waiver of Application and Processing Fees Associated with the grant program (estimated to be $1,173 per enclosure).

The City Council subsequently directed the City Manager to prepare an Amendment to the Hemet Municipal Code to provide for adequate space for refuse and recyclable materials storage and collection and allow the conversion or removal of required parking space with justification and to prepare an Amendment to the Hemet Municipal Code requiring compliance with the commercial and industrial refuse requirements within two (2) years of the adoption of the ordinance.

On January 16, 2024, the Planning Commission was provided with an update on the Council Strategic Plan initiated Trash Enclosure Upgrade Program and solid waste refuse requirement code updates.

ANALYSIS:

Several unsightly commercial trash enclosures in the City attract scavenging, graffiti, and homeless activities as they are designed without locking doors and secure roofs. Many trash enclosures were built larger be to need and California, in mandated was recycling before 1990, before to accommodate the bins required today.

DISCUSSION:

Establishing a trash enclosure program enhances the overall aesthetic appearance of the community by minimizing visual blight and promoting a sense of pride among residents. Implementing this Ordinance will reduce public nuisances such as scavenging, graffiti, and homeless activities, creating a safer and more pleasant public space. The Ordinance aims to contribute to improved sanitation and hygiene and address spillage, odors, and potential health hazards.

In addition, the Trash Enclosure Program will foster community pride and identity, as residents feel more connected to a clean and attractive living environment. Encouraging proper waste disposal practices also aligns with environmental goals and sustainability. The positive impacts extend to increased property values, creating economic incentives for homeowners and property owners.

Finally, the program reinforces the community’s commitment to upholding the City’s Strategic Plan and standards. The trash enclosure program serves the public interest by promoting a cleaner, safer, and more attractive community while aligning with environmental and regulatory standards.

By January 1, 2026, all existing and new developments will be required to have a standard refuse collection enclosure with the approval of the proposed Ordinance.

STRATEGIC PLAN INTEGRATION:

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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.

ATTACHMENT(S):

Attachment No. 1- Ordinance Trash Enclosure Upgrade Program Attachment No. 2- Ordinance Clean Text Version

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CITY OF HEMET ORDINANCE NO. 2024- 1

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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2024- [XXX]

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, ADDING SECTION 90-1428 OF
CHAPTER 90 (ZONING), ARTICLE XL (OFF-STREET

PARKING), OF THE HEMET MUNICIPAL CODE OF THE

TRASH ENCLOSURE UPGRADE PROGRAM, AND
ADDING SECTION 62-16(N) TO CHAPTER 62 (SOLID

WASTE MANAGEMENT) , ARTICLE II (SOLID WASTE

MANAGEMENT), OF THE HEMET MUNICIPAL CODE OF
THE REQUIREMENTS FOR COMMERCIAL BUSINESSES.

WHEREAS, The City of Hemet’s Police, Fire, Public Works, City Attorney’s Office, and City Manager's Office convened on April 18, 2023, to discuss the prioritization and strategies for the City’s cleanliness and beautification; and WHEREAS, In this “Beautification/Code Summit ,” the Departments addressed community challenges, discussed ways to enhance the City’s Municipal Code for cleanliness and beautification, streamline operations, improve communication, explore valuable resources, and foster opportunities for innovation; and WHEREAS, Part of the City’s Strategic Plan is a commitment to developing and implementing a trash enclosure program to improve community aesthetics and modify the City’s Municipal Code, allowing addit ional parking space(s) for bin enclosure accommodation; and

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CITY OF HEMET ORDINANCE NO. 2024- 2
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WHEREAS, On October 10, 2023, the City Council approved the initiation of the Trash Enclosure Pilot Program to reduce the blight, safety, and security issues that unsecured bins present.

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

SECTION 1. FINDINGS. The recitals set forth above are hereby adopted as findings in support of this Ordinance.

SECTION 2 . ADD SECTION 90 -1428 TRASH ENCLOSURE UPGRADE PROGRAM TO THE HEMET MUNICIPAL CODE CHAPTER 90 (ZONING), ARTICLE XL (OFF-STREET PARKING) AS FOLLOWS:

Sec. 90-1428. – Trash Enclosure Upgrade Program
Notwithstanding the provisions of section 90-1423, in any commercial or industrial zone, upon application, the Community Development Director may permit a portion of the parking required by Section 90-1423 to be utilized for the purpose of modifying the refuse collection areas and trash bins to bring such area and/or bins into conformity with current City of Hemet refuse design and location standards and to ensure that such areas and bins are completely screened by a solid fence or wall or enclosure and covered within a building in accordance with the adopted standards of the City subject to the following requirements:
(1) Applications after the Effective Date of this Ordinance shall be in writing and state the purpose of the application, provide a description of the proposed modifications, a detailed site plan showing the proposed modifications to the parking area, and plans for the refuse area and/or bins screening fence/walls or building.
(2) Applications shall describe the parking needs of the property and how those needs will be met with the loss of parking as a result of the modification.

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(4) The Community Development Director shall have the
authority to approve exceptions or consider modified design standards to the requirements of this Section for existing and new development projects and projects involving the
expansion or retrofit of an existing development. The property owner/applicant must first prove that the requirements for the refuse and recycling collections areas set forth in this Code cannot be met. Exceptions may be approved for reasons
including, but not limited to, the following:
a. The requirement to provide adequate space for
refuse and recyclable materials storage and
collection would necessitate the conversion or
removal of required parking spaces or required
landscaping or would conflict with some other
essential site improvement required by the City;
b. The nature of the proposed development justifies
the provision of less recyclable materials storage
and collection space than man dated by this
Section; or
c. The construction of the entire enclosure would
reduce the vehicular access aisle to less than
acceptable width. Cost alone is not a valid
reason for granting an exception.

Exceptions from any provision of this Section may be a pproved if the exceptions will not be detrimental to the public’s health, safety, or welfare nor result in a nuisance and if the project will provide adequate capacity and distribution of collection areas to serve the new or existing development.

SECTION 3. ADD SECTION 62 -16(n) TO HEMET MUNICIPAL CODE CHAPTER 62 (SOLID WASTE MANAGEMENT) , ARTICLE II (SOLID WASTE MANAGEMENT) AS FOLLOWS:

Sec. 62-16. – Requirements for commercial businesses
Commercial businesses, which includes multi -family residentia l dwellings, shall:

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(a) Subscribe to the City of Hemet's three -container organic waste collection services. The City of Hemet shall have the right to review the number, size, and location of a generator's containers and frequency of collection to evaluate adeq uacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, commercial business shall adjust its service level for its collection services as requested by the City of Hemet.
(b) Participate in and comply with the City of Hemet's three -container (blue container, green container, and gray container) collection service by placing designated materials in designated containers.

Generator shall place only approved materials in the appropriate colored containers. Generators shall not place materials designated for the gray container into the green container or blue container.

Notwithstanding the above, and in accordance with the SB 1383 regulations, the City of Hemet is not required to replace fun ctional containers, including containers purchased prior to January 1, 2022, that do not comply with the color requirements of this chapter and the regulations, prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. Labels will be placed on the new containers indicating the primary materials accepted and the primary materials prohibited in the containers.

Until SB 1383 compliant colored containers are provided (blue container, green container, and gray c ontainer), commercial businesses shall comply with the container label requirements. (c) Supply and allow access to adequate number, size, and location of collection containers with sufficient labels or colors (conforming with subsections (d)(1) and (d)(2) below), for employees, contractors, tenants and customers, consistent with the City of Hemet's blue container, green container, and gray container collection service. (d) Excluding multi-family residential dwellings, provide containers for the collection of so urce separated green container organic waste, and source separated recyclable materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provid ed in restrooms. If a commercial business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:

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(1) A body or lid that conforms with the container colors provided through the collection service provided by the City of Hemet, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A commercial business is not required to replace functional containers, including containers purchased prior to Ja nuary 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
(2) Container labels that include language or graphic images or both indicating the primary material accepted and the primary materials prohibited in that container or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Sect ion 18984.8, the container labels are required on new containers commencing January 1, 2022.
(e) Multi-family residential dwellings are not required to comply with container placement requirements or labeling requirement pursuant to 14 CCR Section 18984.9(b).
(f) To the extent practical through education, training, inspection, and/or other measures, excluding multi-family residential dwellings, prohibit employees from placing materials in a container not designated for those materials per the City of Hemet's blue container, green container, and gray container collection service. (g) Excluding multi -family residential dwellings, periodically inspect blue container, green container, and gray containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
(h) Annually provide information to employees, contractors, tenants, and customers about organic waste recovery requirements and about proper sorting of source separated green container organic waste and source separated recyclable materials.
(i) Provide education information before or within 14 days of occupation of the premises to new tenants that describes requirements to keep source separated green con tainer organic waste and source separated recyclable materials separate from

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gray container waste (when applicable) and the location of containers and the rules governing their use at each property. (j) Provide or arrange access for the City of Hemet or its agent to their properties during all inspections conducted in accordance with this chapter to confirm compliance with the requirements of this chapter. (k) If implemented, accommodate and cooperate with the City of Hemet's remote monitoring program for inspectio n of the contents of containers for prohibited container contaminants, to evaluate generator's compliance with this chapter. The remote monitoring program shall involve installation of remote monitoring equipment on or in the blue containers, green contain ers, and/or gray containers.
(l) Nothing in this section prohibits a generator from preventing or reducing waste generation, managing organic waste on site, or using a community composting site pursuant to 14 CCR Section 18984.9(c).
(m) Commercial businesses that are tier one or tier two commercial edible food generators shall comply with food recovery
requirements of this chapter.
(n) Effective January 1, 2026, all existing developments, except single- family or multi -family residential development projects that do not necessitate communal or shared trash and recycling
areas/containers, must also comply with the provisions of this Section and Section 90-1428 (Trash Enclosure Upgrade Program) of Chapter 90 (Zoning), Article XL (Off -street Parking) . The regulations in this Section and Section 90-1428 apply to refuse and recycling areas not accessible to the public and used exclusively by the tenants/owners of the development site. The Community Development Director [or designee] shall have the discretion, as outlined in this Section and Section 90-1428, to provide adjustments or exceptions to assist existing businesses with compliance with the City’s Trash Enclosure Upgrade Program.

SECTION 4. CEQA FINDINGS. The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA

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only applies to projects that have the potentia l for causing a significant effect on the environment. ZOA 24-001 in itself does not relate to any physical project and will not result in any physical change to the environment and does not affect the land use or density limitations of the General Plan. Therefore, it can be seen with certainty that there is no possibility that this Ordinance may have a significant adverse effect on the environment, and therefore, the adoption of this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.

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

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CITY OF HEMET ORDINANCE NO. 2024- 8
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SECTION 7. NOTICE. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c).

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CITY OF HEMET ORDINANCE NO. 2024- 9
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INTRODUCED at the regular meeting of Hemet City Council on the _______ day of January 2024.

APPROVED AND ADOPTED this _______ day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET ORDINANCE NO. 2024- 10
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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 _ day of January, 2024, 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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Sec. 90-1428. – Trash Enclosure Upgrade Program

Notwithstanding the provisions of section 90-1423, in any commercial or industrial zone, upon application, the Community Development Director may permit a portion of the parking required by section 90-1423 to be utilized for the purpose of modifying the refuse collection areas and trash bins to bring such area and/or bins into conformity with current City of Hemet refuse design and location st andards and to ensure that such areas and bins are completely screened by a solid fence or wall or enclosed within a building in accordance with the adopted standards of the city subject to the following requirements:

(1) Applications after the Effective Date of this Ordinance shall be in writing and state the purpose of the application, provide a description of the proposed modifications, a detailed site plan showing the proposed modifications to the parking area, and plans for the refuse area and/or bins screening fence/walls or building. (2) Applications shall describe the parking needs of the property and how those needs will be met with the loss of parking as a result of the modification. (3) The Community Development Director shall have the authority to approve exceptions or consider modified design standards to the requirements of this Section for existing and new development projects and projects involving the expansion or retrofit of an existing development. The property owner/applicant must first prove that the requirements for the refuse and recycling collections areas set forth in this Code cannot be met. Exceptions may be approved for reasons including, but not limited to, the following:

a. The requirement to provide adequate space for refuse and recyclable materials storage and collection would necessitate the conversion or removal of required parking spaces or required landscaping or would conflict with some other essential site improvement required by the City;

b. The nature of the proposed development just ifies the provision of less recyclable materials storage and collection space than mandated by this Section; or

c. The construction of the entire enclosure would reduce the vehicular access aisle to less than acceptable width. Cost alone is not a valid reason for granting an exception.

Exceptions from any provision of this Section may be approved if the exceptions will not be detrimental to the public ’s health, safety, or welfare nor result in a nuisance and if the project will provide adequate capacity and distribution of collection areas to serve the new or existing development.

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Sec. 62-16. Requirements for commercial businesses.
(n) Effective January 1, 2026, all existing developments, except single -family or multi-family residential development projects that do not necessitate communal or shared trash and recycling areas/containers, must also comply with the provisions of this Section and Section 90 -1428 (Trash Enclosure Upgrade Program) of Chapter 90 (Zoning), Article XL (Off-street Parking). The regulations in this Section and Section 90 -1428 apply to refuse and recycling areas not accessible to the public and used exclusively by the tenants/owners of the development site. The Community Development Director [ or designee ] shall have the discretion, as outlined in this Section and Section 90-1428, to provide adjustments or exceptions to assist existing businesses with compliance with the City’s Trash Enclosure Upgrade Program.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
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 December 12, 2023

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve the Regular City Council Meeting Minutes of December 12, 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 consistent, and relevant.

Objective 2: Increase transparency for the public.

ATTACHMENT(S):

City Council Meeting - Dec 12 2023 - Minutes

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MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, December 12, 2023
REGULAR MEETING – 6:00 P.M.

1. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:03 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 Paul Maier

3. INVOCATION
Invocation was given by Pastor Bob Beckett.

4. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Lilienthal.

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

6. CITY COUNCIL REORGANIZATION
City Clerk Maier provided a brief overview of the selection of Mayor and Mayor Pro Tem, providing that the newly selected Mayor and Mayor Pro Tem will serve until December 10, 2024.

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City Council Meeting
December 12, 2023
Council Member Peterson nominated Joe Males to serve as the Mayor.

MOTION BY COUNCIL MEMBER PETERSON, SECOND BY MAYOR PRO TEM LILIENTHAL, CARRIED 4-1 (COUNCIL MEMBER KENDRICK VOTING NO), to select Joe Males as Mayor for the City of Hemet to serve until December 10, 2024.

Council Member Peterson expressed that she would like to serve as incoming Mayor Pro Tem.

Mayor Pro Tem Lilienthal nominated Jackie Peterson to serve as the Mayor Pro Tem.

MOTION BY MAYOR PRO TEM LILIENTHAL, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to select Jaculin “Jackie” Peterson as Mayor Pro Tem for the City of Hemet to serve until December 10, 2024.

Mayor Males called a recess for the City Council Reorganization at 6:09 p.m.

Mayor Males called the meeting to order at 6:13 p.m.

7. HONORING JOE MALES FOR HIS SERVICE AS MAYOR OF HEMET Mayor Pro Tem Peterson expressed gratitude to Mayor Males for his service to the city for the past year and presented him with a crystal gavel. Mayor Males voiced that it was his honor to serve the community.

8. RECESS TO CLOSED SESSION
CLOSED SESSION - 6:00 P.M. OR SOON THEREAFTER

9. CALL TO ORDER
The City Council of the City of Hemet met on this date in a Closed Session at 6:18 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

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

Present: Mayor Males
Mayor Pro Tem Peterson
Council Members Kendrick, Krupa, and Lilienthal
Staff Present:

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier

11. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545

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City Council Meeting
December 12, 2023
Mayor Males asked for Public Comments; no one spoke.

12. DISCUSSION ITEM

12.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Number of Cases (1)
City Attorney Graham requested to add an Item to the Closed Session Agenda (Item 12.B).

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK to add Item 12.B Conference with Legal Counsel – Anticipated Litigation to the Closed Session Agenda:

12.B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9
Claim of HEIRS OF CHRISTIAN DRYE Claim No. 3043700

13. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 6:58 PM.

14. RECONVENE TO REGULAR SESSION - 6:00 P.M. OR SOON THEREAFTER Mayor Males reconvened the Regular Meeting to order at 7:04 p.m.

15. CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Graham stated settlement direction of 5-0 was provided for Item 12.A and Item

12.B was an Item added to the 6:00 p.m. Closed Session Agenda.

15.A City Attorney’s Report regarding Closed Session
Mayor Males requested to present Item 17.D before his departure, honoring Chief Pust with a proclamation.

Mayor Males called a recess at 7:16 p.m. Mayor Males left the dais at 7:16 p.m.

Mayor Pro Tem Peterson called the meeting to order at 7:21 p.m.

16. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, the following citizens spoke: Delesia Silva, Musa Kaleem, Lora Lynn Reiss, Sonia Lamas, Ann Smith (Zoom Participant), Darrell Frye, Brian Hutchins, Pat Gregory, and Jim Lineberger. The following citizens submitted speaker cards:

Stacie Olson, Robert Vise, and Jesse Charon.

16.A Public Comment for Items Listed on the Agenda: Consent and Discussion Items

16.B Public Comment for Items Not Listed on the Agenda, but within Jurisdictional

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December 12, 2023
Matter
City Council presented $2,500 of gift vouchers to Jim Lineberger for the Valley Community Pantry, aiding homeless services.

17. PRESENTATIONS
Mayor Pro Tem Peterson presented William Hendrickson with the Proclamation.

17.A International Day of Persons with Disabilities Proclamation Council Member Kendrick presented Council Member Krupa with the Proclamation.

17.B International Volunteer Day Proclamation
Council Member Lilienthal presented Delesia Silva and family with the Proclamation.

17.C The Celebration of Kwanzaa Proclamation
Item 17.D was presented before the Communications from the Public.

Mayor Males, Mayor Pro Tem Peterson, and the City Council presented Chief Pust with a plaque and proclamation. Chief of Police Eddie J. Pust expressed appreciation to the City Council Members, Executive Team, and Police Command Staff & Department. Chief Pust expressed his gratitude to the Community for allowing him to serve.

17.D Honoring Chief of Police Eddie J. Pust for 27 Years of Service Mayor Pro Tem Lilienthal presented certificates to the Chalktober Art Festival Competition Award Winners. City Manager Prestwich presented a short video on the Chalktober Art Festival Award Winners.

17.E Recognition of Chalktober Art Festival Competition Award Winners Mayor Mentees presented a PowerPoint Presentation on Municipal Government.

17.F Presentation by the Fall 2023 Mayor Mentees on Municipal Government

18. PUBLIC HEARING

18.A 2024-2025 Community Development Block Grant Initial Public Hearing Mayor Pro Tem Peterson opened the Public Hearing.

The following residents spoke in favor of Care-A-Van Transit: Carolina Brooks, Jose Garcia, Jean Goldsby, and Ava Hadidifard. Lynn Kelly-Lenner spoke in favor of Habitat for Humanity Inland Valley. Ann Smith urged the City Council to advertise Grant Money availability and public engagement for participation in the Public Hearing.

Mayor Pro Tem Peterson closed the Public Hearing.

By consensus the City Council:

1. Conducted a public hearing to elicit comments from citizens, public agencies, and other interested parties regarding community needs and priorities; and

2. Received and considered all comments for incorporation in the City of Hemet 2024- 2025 Annual Action Plan draft.

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December 12, 2023

3. Formed the CDBG Ad Hoc Committee with the appointment of Council Members Kendrick and Peterson for the 2024-2025 CDBG application selection and funding recommendations.

18.B Draft Community Development Block Grant (CDBG) Substantial Amendment to 2023-24 Annual Action Plan
Mayor Pro Tem Peterson opened the Public Hearing.

The following residents spoke: Ann Smith urged the City Council advertise the Public Hearing for better public participation.

Mayor Pro Tem Peterson closed the Public Hearing.

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 4-0 (MAYOR MALES ABSENT), to:

1. Conduct the public hearing and accept public comments regarding the draft Substantial Amendment to the 2023-24 Annual Action Plan and

2. Receive and consider all comments for incorporation in the City of Hemet 2023-24 Annual Action Plan draft; and

3. Authorize the Administrative Services Director to increase revenues of $600,000 in CDBG Fund 240 and transfer appropriations from CDBG Holding Account 240-3853- 5500 to the Project Account.

19. RECEIVE AND FILE

19.A Receive and file the City of Hemet Warrant Registers Dated November 2, 2023, in the amount of $2,734,318.27, and November 16, 2023, in the amount of $1,533,824.55. The Payroll Periods of October 16, 2023 – October 29, 2023, in the amount of $829,631.41, and October 30, 2023 – November 12, 2023, in the amount of $903,166.70
Action:

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

19.B City of Hemet Budget Adjustments Dated August 30, 2023, September 30, 2023, and October 31, 2023
Action:

By consensus, the City Council received and filed the City of Hemet Budget Adjustments Dated August 30, 2023, September 30, 2023, and October 31, 2023.

19.C Investment Reports for August, September, and October 2023 Action:

By consensus, the City Council received and filed the Investment Reports for August, September, and October 2023.

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December 12, 2023

20. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to approve the Consent Calendar.

20.A Approval of the Regular City Council Meeting Minutes of November 14, 2023 Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Approve the Regular City Council Meeting Minutes of November 14, 2023.

20.B Second Reading and Adoption of an Ordinance of the City Council of the City of Hemet, California, Updating Section 78-69 of Article III of the Hemet Municipal Code
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Waive full reading and adopt an Ordinance No. 2023 of the City Council of the City of Hemet, California, Updating Section 78-69 of Article III of the Hemet Municipal Code.

20.C A Resolution of the City Council of the City of Hemet, California, Approving the Application for Outdoor Equity Grants Program Grant Funds and Authorizing the City Manager to Execute All Documents
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt a Resolution 2023-187 of the City Council of the City of Hemet, California, Approving the Application for Outdoor Equity Grants Program Grant Funds and Authorizing the City Manager to Execute All Documents.

20.D A Resolution of the City Council of the City of Hemet, California Approving an Improvement and Credit Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) and Pulte Home Company for the Transportation Uniform Management Fee (TUMF) Program for Transportation System Improvements Along Walden Weaver Road (Formerly Known as New Stetson Road) and Authorizing the City Manager to Submit the TUMF Credit Agreement to WRCOG
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt a Resolution 2023-188 of the City Council of the City of Hemet, California Approving an Improvement and Credit Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) and Pulte Home Company for the Transportation Uniform Management Fee (TUMF) Program for transportation

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December 12, 2023
system improvements along Walden Weaver Road (Formerly Known as New Stetson Road) and Authorizing the City Manager to submit the TUMF Credit Agreement to WRCOG.

20.E A Resolution of the City Council of the City of Hemet, California, Awarding Elecnor Belco Electric Inc. the Citywide Traffic Signal Visibility Upgrade Project, CIP 5724, in the Amount of $326,489, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or $32,649; Authorizing the Administrative Services Director to Increase Estimated Revenues by $143,988 and Appropriate an Additional $143,988 in Fund 329 to fund the total project cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt a Resolution 2023-189 of the City Council of the City of Hemet, California, Awarding Elecnor Belco Electric Inc. the Citywide Traffic Signal Visibility Upgrade Project, CIP 5724, in the Amount of $326,489, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or $32,649; Authorizing the Administrative Services Director to Increase Estimated Revenues by $143,988 and Appropriate an Additional $143,988 in Fund 329 to fund the total project cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

20.F A Resolution of the City Council of the City of Hemet, California, Awarding All Cities Engineering Inc., the Sewer Main Replacement Project, CIP 5729, in the Amount of $1,243,450.00, and Waiving any Minor Bid Irregularities, and Authorizing the City Manager to Execute all Contract Documents and Approving Additional Construction Expenditures Not to Exceed Approximately 10% of the Contract Amount or $124,350.00, and Authorizing the Administrative Services Director to Appropriate an Additional $69,000.00 of Unencumbered Public Sewer Utility Funds (Fund 254) and Appropriate $79,800.00 of Unencumbered Measure A Funds (Fund 222) to the Project Account to Fund the Total Project Costs and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt a Resolution 2023-190 of the City Council of the City of Hemet, California, Awarding All Cities Engineering Inc., the Sewer Main Replacement Project, CIP 5729, in the Amount of $1,243,450.00, and Waiving any Minor Bid Irregularities, and Authorizing the City Manager to Execute all Contract Documents and Approving Additional Construction Expenditures Not to Exceed Approximately 10% of the Contract Amount or $124,350.00, and Authorizing the Administrative Services Director to

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December 12, 2023
Appropriate an Additional $69,000.00 of Unencumbered Public Sewer Utility Funds (Fund 254) and Appropriate $79,800.00 of Unencumbered Measure A Funds (Fund 222) to the Project Account to Fund the Total Project Costs and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer.

20.G A Resolution of the City Council of the City of Hemet, California, Awarding Paso Robles Tank Inc., for the Tank 1 Recoat Project, (CIP 5758) an Agreement in the Amount of $425,900, Waiving Any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents, Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or $42,590, and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt a Resolution 2023-191 of the City Council of the City of Hemet, California, Awarding Paso Robles Tank Inc., for the Tank 1 Recoat Project, (CIP 5758) an Agreement in the Amount of $425,900, Waiving Any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents, Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or $42,590, and Authorizing the City Clerk to Record the Notice of Completion Upon Acceptance of the Work by the City Engineer.

20.H A Resolution of the City Council of the City of Hemet, California, Approving the Fifth Amendment to the Agreement for Services Between the City of Hemet and Ace Weed Abatement Inc., Changing the Original Not to Exceed Amount of the Agreement from $42,300 Annually to $58,300 Annually and Authorizing the City Manager to Execute the Fifth Amendment to the Agreement with Ace Weed Abatement Inc
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt a Resolution 2023-192 of the City Council of the City of Hemet, California, Approving the Fifth Amendment to the Agreement for Services between the City of Hemet and Ace Weed Abatement Inc., Changing the Original Contract Not to Exceed Amount from $42,300 annually to $58,300 Annually and Authorizing the City Manager to Execute the Fifth Amendment to the Agreement with Ace Weed Abatement Inc.

20.I A Resolution Accepting the 2023 Federal Justice Assistance Grant (JAG) in the Amount of $30,890, Authorizing approval of the MOU/Interlocal Fiscal Agent Agreement with Riverside County and Authorizing the City Manager to Execute the MOU Agreement on behalf of the City, and Authorizing the Administrative Services Director to Establish an Expenditure Account and Budget for the Grant Period in the Amount of $27,801 (Grant Amount less 10% paid to the Fiscal Agent)

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City Council Meeting
December 12, 2023
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt a Resolution 2023-193 accepting the 2023 Federal Justice Assistance Grant (JAG), in the amount of $30,890, Authorize approval of the MOU/Interlocal Fiscal Agent Agreement with Riverside County, and Authorizing the City Manager to Execute the MOU Agreement on behalf of the City, and Authorizing the Administrative Services Director to Establish an Expenditure Account and Budget for the Grant Period in the Amount of $27,801 (Grant Amount less the 10% paid to the Fiscal Agent).

20.J A Resolution of the City Council of the City of Hemet, California, Consenting to the Assignment of Public Trust Advisors' Obligations Under the Professional Services Agreement, Between Public Trust Advisors and the City of Hemet, to Any Successor Entity to Public Trust Advisors Resulting From the Acquisition of a Controlling Ownership Interest in Public Trust Advisors by Flexpoint Ford and Authorizing the City Manager or His Designee to Execute Any Documents Related to the Consent
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt a Resolution 2023-194 of the City Council of the City of Hemet, California, Consenting to the Assignment of Public Trust Advisors' Obligations Under the Professional Services Agreement, Between Public Trust Advisors and the City of Hemet, to Any Successor Entity to Public Trust Advisors Resulting From the Acquisition of a Controlling Ownership Interest in Public Trust Advisors by Flexpoint Ford and Authorizing the City Manager or His Designee to Execute Any Documents Related to the Consent

20.K Approve the Successor Agency to the Former Hemet Redevelopment Agency Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2024-25
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to Approve the Recognized Obligation Payment Schedule (“ROPS”) and Administrative Budget for July 1, 2024, through June 30, 2025 (“2024- 25”) by the Successor Agency to the Former Hemet Redevelopment Agency (“Successor Agency”).

21. DISCUSSION - ACTION ITEMS

21.A Consideration of a Resolution 1) Authorizing the City Manager to Execute an Agreement with Robin Gilliland Consulting in an Amount-Not-to-Exceed $60,000 for Community Solutions Coordination Services; and 2) Approving a Community Solutions Coordinator classification and salary.

Action:

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December 12, 2023

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 4-0 (MAYOR MALES ABSENT), to Adopt Resolution 2023-195, 1) Authorizing the City Manager to Execute a Professional Services Agreement with Robin Gilliland Consulting in an Amount Not to Exceed $60,000 for Community Solutions Coordination Services; and 2) Approving a Community Solutions Coordinator classification and salary.

21.B Determination of Use 23-001 that Manufacture and Assembly, Rental, and Sale of Off-Site Construction Mobile Units is Consistent with Other Similar Permitted Uses in the C-M (Commercial Manufacturing) Zone; and Outdoor Storage Area is Consistent with Other Similar Permitted uses in the M-2 (Heavy Manufacturing) Zone; and Consideration of a Possible Ordinance Amendment to the Hemet Municipal Code to Include Uses Identified
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0 (MAYOR MALES ABSENT), to receive and file Community Development Director determination of use that manufacture and assembly, rental, and sale of off-site construction mobile units is consistent with other similar permitted uses in the C-M (Commercial Manufacturing) zone; and outdoor storage area is consistent with other similar permitted uses in the M-2 (Heavy Manufacturing) zone, and direct the City Manager to prepare an Ordinance Amendment to the Hemet Municipal Code for Uses listed.

21.C City of Hemet Fiscal Year 2023-24 Legislative Platform Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 4-0, to Adopt a Resolution 2023-196 of the City Council, approving the City of Hemet Fiscal Year 2023-24 Legislative Platform.

22. CITY COUNCIL AND STAFF REPORTS
Mayor Pro Tem Peterson asked for Council Comments. Council Member Krupa, Council Member Kendrick, Council Member Lilienthal, Mayor Prom Tem Peterson gave reports.

CITY MANAGER PRESTWICH
City Manager Prestwich expressed gratitude to City Staff for their hard work in 2023.

18. ADJOURNMENT
There being no further business, Mayor Pro Tem Peterson adjourned the meeting at 9:59 p.m.

The next Regular City Council Meeting will be at 7:00 p.m. on January 9, 2024.

APPROVAL: ATTEST:

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City Council Meeting
December 12, 2023
_______________________________
Joe Males
_____________________________
John P. Maier, MBA, MMC
Mayor City Clerk

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Glen Brock, Police Captain;

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

TITLE:

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 $181,250 Over Two Years for Twenty-Five (25) Flock Condor Cameras in Support of the Hemet Police Department Real Time Crime Center

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

BACKGROUND:

Over the past several years, the Hemet Police Department has invested in emerging technology to be more efficient in its processes and help employees become more effective in delivering the quality service Hemet's residents and community partners expect. These technologies include a new computer-aided dispatch (CAD) system, a new records management system (RMS), drones, and an automated license plate reader camera (ALPR) network. Each of these systems has demonstrated success in reducing criminal activity and increasing public safety service levels. Based on their proven ability to impact crime, the Hemet Police Department began to examine ways to bring all these systems together so that they could be monitored in real-time.

In early 2023, the Hemet Police Department directed personnel to develop a plan to deploy a real- time crime center (RTCC) where each of the above systems would be monitored simultaneously.

Additionally, it was determined that the RTCC must combine all the divergent information in a manner that would increase the likelihood that criminal activity would be proactively identified and those responsible would be apprehended more frequently. As the requirements for a future RTCC were built, staff recognized a video management system (VMS) was needed with the capability to

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seamlessly integrate video feeds from multiple sources and vendors. Staff identified different VMS vendors and spoke with other law enforcement agencies who already deploy VMS solutions. This research led staff to recommend Flock OS together with the Flock Condor Camera system for the Hemet Police Department's RTCC.

Council approved the Flock OS Video Management System and the first eight Flock Condor Cameras in September 2023. Soon after, the Hemet Police Department was awarded a $2.5 million grant to combat organized retail theft which included funding for an additional 25 Flock Condor cameras.

These cameras will be placed in and around retail centers and business districts. The additional cameras will be essential in monitoring large areas in real-time and assisting Hemet Police Officers to quickly identify and apprehend those responsible for criminal activity.

ANALYSIS:

The Hemet Police Department has worked with the Flock Group, Inc. since June 2020. In three years, Flock Safety ALPR cameras have directly aided in the recovery of 377 stolen vehicles with an estimated value of over $3.8 million. These stolen vehicle recoveries have resulted in 334 arrests.

While Flock ALPR cameras have proven invaluable in the recovery of stolen vehicles, Police Department personnel have also used them to gather evidence in various criminal cases including homicides.

Flock Group, Inc. is an industry leader in law enforcement camera systems. They have leveraged this expertise to build new cameras, like the Flock Condor Cameras, to provide their law enforcement partners with tools to detect criminal activity and arrest anyone involved. Flock Condor cameras seamlessly integrate with the Flock OS VMS developed by Flock Group, Inc. already purchased by the Hemet Police Department. All camera feeds are managed in Flock OS giving police personnel near instant access to live video in one place. The speed of this access will allow police personnel to detect crime before it is reported, gather evidence quickly, direct responding personnel to suspects, and provide police supervision situational awareness that does not currently exist.

The Flock Condor cameras are fixed, pan/tilt/zoom cameras, that transmit video via LTE cellular signals. The pan/tilt/zoom feature allows police department staff to move the camera point of view remotely and zoom into areas of interest where criminal activity is suspected. Video from these cameras for saved and downloaded be can permanent days 30 for digitally stored is and preservation. The LTE function of the Condor cameras makes them easy to place as they do not require additional data cabling.

DISCUSSION:

Staff has determined Flock Condor cameras are the best fit for the Hemet Police Department's RTCC. This system offers all the characteristics necessary for the RTCC to function as desired and support the mission detailed in the Organized Retail Theft Prevention Grant awarded by the California Board of State and Community Corrections (BSCC).

Flock Condor cameras are installed and maintained by Flock Group, Inc. This significantly reduces the burden on City staff to care for the system. The Flock system is offered as a service where the equipment is leased. This allows staff to continuously monitor system effectiveness and make changes, if services eliminate even or move, be increase, to that whether deemed reduce, appropriate.

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Staff have examined crime trends and reviewed crime location data to determine where the additional 25 cameras should be placed. These condor cameras will complement the 67 Flock ALPR cameras currently in use by the Hemet Police Department, resulting in a total of 92 City-controlled cameras citywide. Flock Condor cameras will also be used to support any other city department as needed.

PREVIOUS COUNCIL ACTION:

On September 12, 2023, the Hemet City Council approved the purchase of eight Flock Condor cameras and the Flock OS Video Management System.

On October 10, 2023, the Hemet City Council voted to accept the Organized Retail Theft Prevention Grant of $2,500,065 awarded by the California Board of State and Community Corrections. This grant included funding specifically designated for the procurement of 25 Flock Condor Cameras.

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.

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

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

Objective 3: Develop programs to offer support to the community's businesses

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

Additional 2023-24 General Fund appropriations are not needed in association with this item.

The proposed agreement is for two years of service and installation for 25 Flock Condor cameras, totaling $181,250. Funding for these cameras and installation will be covered by the Organized Retail

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Theft Prevention Grant accepted by the City Council on October 10, 2023. The Finance Division has established account number 232-3127-2710 to charge this purchase against. There are adequate appropriations in the Public Safety Grants fund for this agreement.

Staff cannot predict any cost increases that may arise from continuing this service after the initial two- year agreement. However, the cost cannot change during the term of this agreement, and the Hemet Police Department will be notified by Flock Group, Inc. of any proposed cost increase before entering into a new agreement or extending this one. Should the cost of the Flock Condor cameras increase after this initial two-year agreement, staff will work with BSCC on appropriate grant modifications to cover any increase in the final year.

The BSCC grant covers three years of Flock Condor Service. The third year of service will be charged to this same account in FY 2025-26 in a subsequent agreement. Staff report(s) and resolution(s) in support of those future requisitions will be presented to the Council in a manner consistent with the Hemet Municipal Code.

At the conclusion of the BSCC grant, staff will evaluate the Flock condor cameras' effectiveness and recommend whether the program should continue. If the program continues, department personnel will make appropriate budget requests to support additional years of service. This will occur through the normal budget process.

The Flock Condor camera system utilizes LTE wireless service for the transmission of data. All costs associated with this LTE wireless service are included in the quoted price of Flock Condor Cameras as noted on the first page of the attached order form; "Flock Safety Condor PTZ w/ LTE Service - Included."

The Flock Group, Inc. is the sole source for Flock OS and Flock Condor cameras.

ALTERNATIVE(S):

There are two alternatives to accepting a service agreement with Flock Group, Inc. for Flock Condor cameras. The first alternative is to obtain service from another vendor that does not offer all of the capabilities and benefits included in the Flock Group, Inc. agreement. The second option is to not add additional cameras, however, this could violate the terms of the BSCC Grant previously accepted by the Council.

ATTACHMENT(S):

Attachment 1 Resolution Flock Condor Camera Agreement
Attachment 2 Exhibit A - Flock Group, Inc. Agreement for 25 Condor Cameras and Installaion Attachment 3 Exhibit B - Flock Safety - Sole Source 2023 (Condor)

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

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 $181,250
OVER TWO YEARS FOR TWENTY-FIVE (25) FLOCK

CONDOR CAMERAS IN SUPPORT OF THE HEMET

POLICE DEPARTMENT REAL TIME CRIME CENTER
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 Police Department was awarded a $2,500,065 grant from the California Board of State and Community Corrections (BSCC) to combat organized retail theft; and
WHEREAS, it was determined that an effective way to deter, detect, and identify those responsible for organized retail theft and related criminal activity is a robust community camera system focusing on retail and business districts within the City of Hemet; and
WHEREAS, the Hemet Police Department is in the process of establishing a Real-Time Crime Center to monitor live streaming video feeds and has previously agreed to lease eight Flock Condor cameras; and
WHEREAS, the grant awarded to the City from the California Board of State and Community Corrections contains specific funding to add twenty-five more Flock Condor cameras to its existing equipment, to support organized retail theft prevention efforts which will seamlessly integrate into existing systems; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the Flock Group, Inc., is the sole source provider for Flock Condor cameras and
WHEREAS, the Agreement for services between the City of Hemet and the Flock Group, Inc. to provide and install twenty-five Flock Condor cameras is for a two-year period with the first-year of services totaling $106,250 and the second-year reoccurring cost totaling $75,000 equals $181,250 for this agreement; and WHEREAS, the Hemet Police Department will assess the Flock Condor camera program after the three-year grant period to determine the effectiveness of the program and evaluate whether the use of Flock Condor cameras should continue.

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

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

SECTION 2. DETERMINES - Approves the Agreement for Services between the City of Hemet and Flock Group, Inc.

SECTION 3. ORDERS - Authorizes the City Manager to execute all documents related to the Agreement.

SECTION 4. RESOLVES - This Resolution shall become effective upon its adoption.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 30th day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-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 30th day of January, 2024, 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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Flock Safety + City of Hemet
______________

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________

MAIN CONTACT:

Antouan Benbalit
[email protected]
2064321524

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Company Overview

At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system

2000+ 120 1B+ <60%*
communities with private-
public partnerships
incident alerts / minute 1B+ vehicles detected /
month
<60% local crime reduction
in Flock cities

*According to a 2019 study conducted by Cobb County Police Department

Introduction

Layer Intelligence to Solve More Crime

The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

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Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:

● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing

Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-to- one, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on- scene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis

Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

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Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard

Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application

Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

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Video

Dramatically increase the effectiveness of your investment in vehicle recognition by layering live video. Live video streaming and retention provide officers more context before arriving on the scene of an incident (i.e., enhanced situational awareness) and more substantial evidence during post-incident case resolution, promoting safety and crime reduction.

Display live video streams, retain video footage, and sift through video footage from third-party and Flock Safety video cameras.

Flock Safety Wing™ Integration Flock Safety Condor™ Video Integrate third-party live video streams to bolster LPR effectiveness with situational awareness. Build better cases with a built-in video management system (VMS). Collect and manage video evidence with 7-day footage retention, instant replay, and downloadable MP4 evidence.

Access real-time and recorded video with a video-as-a-
service subscription. Respond to incidents more confidently and solve more crime without managing hardware
procurement, installation, or infrastructure and IT
maintenance.

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Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs

Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations

Share crimes solved in the local media with the help of our Public Relations team.

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ORDER FORM

This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”)

Customer: City of Hemet Initial Term: 24 Months
Legal Entity Name: City of Hemet Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 445 East Florida Ave Hemet, California
92543
Billing Frequency: Annual - First Year at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $75,000.00
Flock Safety Video Products
Flock Safety Condor ™ PTZ w/ LTE Service Included 25 Included

Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Electrical Implementation
Fee $1,250.00 25 $31,250.00
Subtotal Year 1: $106,250.00
Annual Recurring Subtotal: $75,000.00
Estimated Tax: $0.00
Contract Total: $181,250.00

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

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Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $106,250.00
Annual Recurring after Year 1 $75,000.00
Contract Total $181,250.00
*Tax not included

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Product and Services Description

Flock Safety Platform Items Product Description Terms
Flock Safety Condor™
Flock’s pan, tilt, zoom (PTZ) or fixed cameras which capture video footage with the option to stream live video, capture and view video recordings, and upload videos.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description

Package: Community

FlockOS Features Description

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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the previously executed agreement. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: City of Hemet

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

PO Number:

Mark Prestwich

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SoleSourceLetter for FlockSafety®ALPRCamerasandSolution FlockSafety®isthesolemanufacturer anddeveloper of theFlockSafety®ALPRCamera.FlockSafety®isalsothesoleprovider of thecomprehensivemonitoring, processing, andmachinevisionserviceswhichintegratewiththeFlockSafety®ALPRCamera.

TheFlockSafety®ALPRcameraanddevicesaretheonlyLawEnforcement GradeALPRSystemtooffer thefollowingcombinationof proprietaryfeatures:

1. VehicleFingerprint Technology®:○ Patentedproprietarymachinevisiontoanalyzevehiclelicenseplate, staterecognition, andvehicleattributessuchascolor, type, makeandobjects(roofrack, bumper stickers, etc.) basedonimageanalytics(not car registrationdata)○ Machinevisiontocaptureandidentifycharacteristicsof vehicleswithapaperlicenseplateandvehicleswiththeabsenceof alicenseplate○ Abilityto‘SaveSearch’ basedondescriptionof vehiclesusingour patentedVehicleFingerprint Technologywithout theneedfor alicenseplate, andset upalertsbasedonvehicledescription○ OnlyLPRprovider with“Visual Search” whichcantransformdigital imagesfromanysourceintoaninvestigativeleadbyfindingmatchingvehiclesbasedonthevehicleattributesintheuploadedphoto○ FlockSafetyFalconFlex™: aninfrastructure-free, location-flexiblelicenseplatereader camerathat iseasytoself install. FlockSafetyFalconFlex™tiesseamlesslyintotheFlockSafety®ecosystemwithasmall andlightweightcamerawiththeabilitytoreadupto30,000licenseplatesandvehicleattributesonasinglebatterycharge

2. IntegratedCloud-Software&HardwarePlatform:○ Abilitytocapturetwo(2+) lanesof trafficsimultaneouslywithasinglecamerafromavertical mass○ Best inclassabilitytocaptureandprocessupto30,000vehiclesper daywithasinglecamerapoweredexclusivelybysolar power○ Wirelessdeployment of solar poweredlicenseplatereadingcameraswithintegratedcellular communicationweighinglessthan5lbsandabletobepoweredsolelybyasolar panel of 60Wor less○ Webbasedfootageretrieval tool withfilteringcapabilitiessuchasvehiclecolor,vehicletype, vehiclemanufacturer, partial or full licenseplate, stateof licenseplate, andobject detection 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

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○ Utilizesmotioncapturetostart andstoprecordingwithout theneedfor areflectiveplate○ Motiondetectionallowsfor uniquecasessuchasbicyclecapture, ATV,motorcycle, etc.○ Ondevicemachineprocessingtolimit LTEbandwidthconsumption○ Cloudstorageof footage○ Covert industrial designfor minimizingvisual pollution

3. Transparency&Ethical Product Design:○ One-of-a-kind“TransparencyPortal” public-facingdashboardthat detailsthepoliciesinplacebythepurchaser, aswell asautomaticallyupdatedmetricsfromtheFlockSafety®system○ Built-inintegrationwithNCMECtoreceiveAMBERAlertstofindmissingchildren○ Privacycontrolstoenablecertainvehiclesto“opt-out” of beingcaptured

4. IntegratedAudio&Gunshot Detection:○ Nativelyintegratedaudiodetectioncapabilitiesutilizingmachinelearningtorecognizeaudiosignaturestypical of crimesinprogress(e.g., gunshots)

5. LiveVideoIntegration:○ Abilitytoapplycomputer visiontothird-partycamerasusingFlockSafetyWing®LPR, transformingthemtoevidencecapturedevicesusingthesameVehicleFingerprint®technologyofferedontheFlockSafetyFalcon®ALPRcameras○ FlockSafetyWing®Livestreamintegrateslivestreamtrafficcameras, publiclyorprivatelyownedlivestreamsecuritycamerasintoonecloud-basedsituationalawarenessdashboardtoincreaseresponsetimeinmission-critical incidents○ Managevariousgovernment intelligenceincludingALPR, livestreamcameras,CAD, automaticvehiclelocation(AVL) onFlockSafetyWing®Suite○ AbilitytoaccessliveandrecordedvideousingFlockSafetyCondor™, asubscriptionvideosolutionwhichallowsofficerstoremotelyviewinstant replayofdownloadableliveon-scenevideowithPTZcontrolsand25Xoptical zoomwithout theneedfor additional cameranetworkset-up, installation, or up-keep

6. Situational Awareness:○ FlockOS™istheworld’sfirst andonlypublicsafetyoperatingsystemcompatiblewithFlockSafety™livestreamingfixedandPTZCondor camera, FlockSafetyRaven™gunshot audiodetection, whileseamlesslyintegratingfirst and 1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

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third-partydataacrossvideo, LPR, andaudiotodeliver real-timeintelligenceandretroactivecrimesolvinginasingle-panereal-timecrimecenter○ Abilitytoenhancesituational awarenesscapacitybylayeringall intelligencestreamsontotheFlockOS™ESRI-basedmap○ FlockOS™featuresFlockSafety™uniqueReal-TimeRoutingfeaturethatanalyzesvariousdatasourcestodeterminewhereasuspect vehiclehasbeenandits’ directionof travel providinguserswithpossibleoutcomesbasedonaconfidencethreshold

7. Partnerships:○ FlockSafety®istheonlyLPRprovider toofficiallypartner withAXONtobenativelyanddirectlyintegratedintoEvidence.com○ FlockSafety®istheonlyLPRprovider tobefullyintegratedintoadynamicnetworkof AXON’sFleet 3mobileALPRcamerasfor patrol carsandFlockSafetyFalcon®cameras○ Accesstoadditional cameraspurchasedbyour HOAandprivatebusinesspartners, meansanever-increasingamount of camerasanddataat noadditionalcost

8. Warranty&Service:○ Lifetimemaintenanceandsupport includedinsubscriptionprice○ FlockSafety®istheonlyfullyintegratedALPRone-stopsolutionfromproductionof thecameratodeliveryandinstallation○ Performancemonitoringsoftwaretopredict potential failures, obstructions, tilts,andother critical or minor issues Thankyou,
Garrett LangleyCEO, FlockSafety®
1170Howell Mill Rd. NW· Suite210, Atlanta, GA30318

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Michael Mouat, Police Lieutenant;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to enter into a Five-Year Service Agreement with Flock Group, Inc. for 47 Existing Flock Safety Falcon Cameras and to add 20 Flock Safety Falcon Cameras for $845,500

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

BACKGROUND:

Flock Safety built the first public safety operating system that helps neighborhoods, businesses, and law enforcement work together to reduce crime, protect privacy, and mitigate bias. Flock devices capture evidence in real-time and deliver unbiased investigative leads to law enforcement.

In April 2020, the Hemet Police Department became one of the first police agencies in the United States to partner with Flock Safety to install ground-breaking technology that proactively reduces crime while making the City of Hemet a safer community. The Hemet Police Department entered a two-year contract (Phase 1) for the City's first twenty Flock Safety Falcon Cameras on April 13, 2020.

These Flock Safety Falcon Cameras were locked in at a purchase price of $2,000 each over the length of the contract.

On April 4, 2022, the Hemet Police Department entered a two-year contract (Phase 2) for twenty additional Flock Safety Falcon Cameras. These Flock Safety Falcon Cameras were locked in at $2,500 each over the length of the contract.

On August 8, 2023, the Hemet Police Department entered a two-year contract (Phase 3) for seven additional Flock Safety Falcon Cameras. These Flock Safety Falcon Cameras were locked in at

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$3,000 each over the length of the contract.Phase 3 brought the City's total Flock Safety Falcon Cameras to 47.

Since partnering with Flock and using the Flock system for over three years, the Hemet Police Department has streamlined its investigative efforts, recovered hundreds of stolen vehicles with an estimated value of over $3 million, and arrested hundreds of criminals. Investigators have also utilized the technology several times to successfully and safely obtain investigative leads, resulting in the recovery of human trafficking victims and the arrest of murder suspects, carjacking suspects, and narcotics dealers.

The Flock system is not exclusively used by law enforcement. An important aspect of Flock Safety's model is its ability to allow businesses, homeowner associations, and other community elements to be actively involved through a civilian platform of the product. While law enforcement can be granted access to a business/civilian platform by way of expressed permissions, the civilian side is not granted the same search features that are available to law enforcement agencies.

This recommended additional service agreement will increase the current number of Flock Safety Falcon Cameras from 47 to 67 and will fill in some of the gaps in community coverage. Furthermore, following a review of departmental statistical data, these additional devices will be strategically placed throughout the city to provide a valley-wide blanket of coverage that works seamlessly with law enforcement neighbors, including the Menifee Police Department and the Riverside County Sheriff’s Department.

ANALYSIS:

Following the Hemet Police Department’s lead three years ago, every law enforcement agency in Riverside County now partners with Flock, and many others throughout California have joined as well.

Over 1,500 departments and communities across the country are now clients. The Hemet Police Department is proud to explore and implement these and other types of innovations.

Working in conjunction with the City's bordering law enforcement partners (Riverside County Sheriff's Department and the San Jacinto Police Department), the Hemet Police Department has utilized best practices while designing the framework of locations for the cameras. By combining Hemet's resources, the City will have over 800 cameras at its disposal 24 hours a day / 365 days a year.

Flock Safety is the sole manufacturer and developer of the Flock Safety Falcon ALPR Camera and a comprehensive suite of monitoring, processing, and vision services that integrate these devices. A “Sole Source Letter” is on file and attached herein.

At the end of each existing contract for phases one through three, the price of each camera will increase to $3,000. Flock has agreed to a price of $2,500 for each camera for a 5-year contract if the City consolidates each of the Phase One through Phase Four contracts.

DISCUSSION:

Approval of this Additional Services Agreement will enhance the City of Hemet's Police Department's mission of providing a safe and productive environment for its residents, businesses, and visitors.

Approval of this Services Agreement will also save the City of Hemet over $100,000 over the five- year contract. The department currently utilizes the Flock system daily, and this system has already proven invaluable in terms of providing real-time leads following criminal actions and supplying court- recognized evidence. Additionally, FlockOS will be utilized in the new Real Time Crime Center. The

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additional services agreement will allow the Police Department to better serve not just selected areas within the city limits but a much larger area of the entire Hemet-San Jacinto Valley. Additionally, the City will receive a one-time service credit of $62,090.41 applied to the first year of the new contract.

The proposed locations for the additional cameras were developed by Hemet's Crime Analyst, who reviewed both Computer Aided Dispatch (CAD) and Records Management System (RMS) data to locate calls that are for service and police reports following confirmed reports of shootings, violent crimes, and current traffic patterns. This data was then compared with the existing camera network, allied law enforcement partner's existing networks, known community and business-based camera systems, and the proposed locations of the Riverside County Sheriff's expansion in the unincorporated areas of the Hemet/San Jacinto Valley. The attached proposed location map is the result of this review and provides a blanket of coverage throughout the city.

The vendor requires acceptance of a new Master Services Agreement, as such, the prior Contracts associated with Phase 1 through Phase 4 are replaced by the Master Services agreement attached in this item.

PREVIOUS COUNCIL ACTION:

In April 2020, the Hemet Police Department partnered with Flock Safety and was one of the first police agencies in the United States to enter into a service agreement to install twenty (20) Flock Safety Falcon ALPR cameras and software. This initial service agreement proved successful and resulted in other agencies, most notably the Riverside County Sheriff's Department via Riverside County Supervisors, following suit and adding cameras to an already robust & productive network.

This action made the City of Hemet a safer community.

In March 2022, the Hemet City Council approved the Hemet Police Department's installation of an additional twenty Flock Safety Falcon Cameras.

In July 2023, the Hemet Police Department installed another seven Flock Safety Falcon Cameras, bringing the total number of Flock Safety Falcon Cameras to forty-seven.

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 3: Increase Public Safety visibility and response.

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

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

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

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

FISCAL IMPACT:

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The recommended contract with Flock Group, Inc. is for five years, commencing January 2024. The year one total of $113,409.59 includes implementation fees and a one-time account credit of $62,090.41. The second through fourth year total is $167,500, per year.

Cost summary for Year one of this agreement

YEAR ONE:

New Flock Falcon Cameras 20 X $2,500 = $50,000.00 Existing Flock Falcon Cameras 47 X $2,500 = $117,500.00 Standard Implementation Fee $6,500.00 Existing Infrastructure Implementation Fee $1,500.00 Flock Safety Flock OS Included Service Credits for Phase 1- 4 -$62,090.41

Year One Sub-Total: $113,409.59

Annual Recurring Sub-Total (years 2-4): $167,500.00

Contract Total Including a One-Time Credit: $783,409.59

Funding Source Year One:

FY23/24 Measure U 115-3000-2710 $60,000.00 21/22 State Cops Allocation 236-3126-2450 $25,608.59 23 JAG Grant 232-3129-2710 $27,801.00 $113,409.59
Funding Source Years Two Through Four:

In subsequent years, staff will attempt to allocate existing grant funding or identify new grant funding to fund the annual recurring cost. If grant funding is not identified during budget preparation, the Police Department will incorporate the annual cost into its department budget.

ALTERNATIVE(S):

The City Council may elect not to approve this service agreement. If so, the Hemet Police Department will continue to utilize the current 47 Flock Cameras and licenses. Because Flock is the sole source for this proven technology, there is no alternative or potentially lower-cost option.

Not approving this service agreement will also cost the City of Hemet more than $100,000 over the next five years for the existing 47 cameras at the higher cost described above.

ATTACHMENT(S):

Attachment 1Resolution Flock Falcon January 2024
Attachment 2 Flock Safety Agreement
Attachment 3 Flock Safety - Sole Source 2023 (Condor FlockOS) Attachment 4 Flock Safety Falcon Camera locations

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO ENTER INTO A FIVE-YEAR SERVICE
AGREEMENT WITH FLOCK GROUP, INC. FOR 47

EXISTING FLOCK SAFETY FALCON CAMERAS
AND TO ADD 20 FLOCK SAFETY FALCON CAMERAS
IN THE AMOUNT OF $845,500.

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

WHEREAS, in April 2020, the Hemet Police Department was one of the first police agencies in the United States to partner with FLOCK SAFETY, to install their ground - breaking technology which proactively reduces crime while making the City of Hemet a safer community; and
WHEREAS, since partnering with Flock and using their system for three (3) years, the Hemet Police Department has recovered hundreds of stolen vehicles with an estimated worth of over $3 million and arrested hundreds of criminals using the Flock system. Investigators have also utilized the technology several times to successfully & safely obtain investigative leads that led to the arrest of murder suspects, carjacking suspects, narcotics dealers, and the recovery of human trafficking victims; and WHEREAS, this additional services agreement will increase the current number of Flock Safety Falcon Cameras from 47 to 67 and will fill in some of the gaps in coverage that we curre ntly have in our city. Furthermore, following a review of departmental

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CITY OF HEMET RESOLUTION NO. 2024-xxx 2
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statistical data, these additional devices will be strategically placed throughout the city to provide a valley-wide blanket of coverage that works seamlessly with our law enforcement neighbors including the Menifee Police Department, and the Riverside County Sheriff’s Department; and
WHEREAS, working in conjunction with our bordering law enforcement partners (Riverside County Sheriff's Department and the San Jacinto Police Department), we have utilized best practices while designing the framework of locations for our cameras. By combining our resources, we will have over eight hundred cameras at our disposal: 24 hours a day / 365 days a year; and
WHEREAS, Flock Safety is the sole manufac turer and developer of the Flock Safety Falcon ALPR Camera, and a comprehensive suite of monitoring, processing, and vision services that integrate these devices. A “Sole Source Letter” is on-file and attached herein; and
WHEREAS, the staff requests the City Council authorize the City Manager to enter into a Five-Year Service Agreement which will add twenty (20) Flock Safety Falcon Cameras and the required Implementation Fees and will save the City over $100,000.00 over the five-year contract; and
WHEREAS, this contract with Flock Group, Inc. is for five years, commencing January 2024. Year one total of $113,409.59 includes implementation fees and a service credit of $62,090.41. The second through fourth year total is $167,500.00 per year. Funding for the first year of this agreement exists in the Professional/Specialized Services program of the Police Department budget and will be funded by Measure U 115-3000-2710, 21/22 State Cops Allocation, and 23 JAG Grant. In subsequent years,

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CITY OF HEMET RESOLUTION NO. 2024-xxx 3
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staff will attempt to allocate existing grant funding or identify new grant funding to pay the annual recurring cost. If grant funding is not identified during budget preparation, the Police Department will integrate the annual cost into its department budget; and

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

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

SECTION 2. DETERMINES – Funding for the first year of this agreement exists in the Professional/Specialized S ervices program of the Police Department budget and will be funded by Measure U 115-3000-2710, 21/22 State Cops Allocation, and 23 JAG Grant. In subsequent years, staff will attempt to allocate existing grant funding or identify new grant funding to pay the annual recurring cost. If grant funding is not identified during budget preparation, the Police Department will integrate the annual cost into its department budget.

SECTION 3. ORDERS - The City Council hereby authorizes the City Manager to enter into a Five-Year Service Agreement with Flock Group, Inc. for 47 existing Flock Safety Falcon Cameras and to add 20 Flock Safety Falcon Cameras for $845,500.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on January 30, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-xxx 4
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PASSED, APPROVED, AND ADOPTED this 30th day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-xxx 5
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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 30th day of January, 2024, 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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Flock Safety +
City of Hemet

______________

Flock Group Inc.

1170
Howell Mill Rd, Suite
210

Atlanta, GA 30318

______________

MAIN CONTACT:

Anton Benbalit

[email protected]

2064321524

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Company Overview

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system

2000+ 120 1B+ <60%*
communities with private- incident alerts / minute 1B+ vehicles detected / <60% local crime reduction public partnerships month in Flock cities

*According to a 2019 study conducted by Cobb County Police Department

Introduction

Layer Intelligence to Solve More Crime

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

Out-of-Box Software Features

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Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one- toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis

Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

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Insights Dashboard

Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application

Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.

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License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera that
captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

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Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs

Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations

Share crimes solved in the local media with the help of our Public Relations team.

EXHIBIT A

ORDER FORM
Customer: City of Hemet Initial Term: 60 Months
Legal Entity Name: City of Hemet Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 445 East Florida Ave Hemet, California 92543 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 67 Included
Professional Services and One Time Purchases

Professional Services - Standard Implementation Fee $650.00 10 $6,500.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 10 $1,500.00
Subtotal Y ear 1: $175,500.00
Annual Recurring Subtotal: $167,500.00
Discounts: $167,500.00
Item

Cost

Quantity

Total

Flock Safety Platform

$167,500.00

Item

Cost

Quantity

Total

One Time Fees

Flock Safety
Professional Services

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Estimated Tax: $0.00
Contract Total: $845,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer .

Billing Schedule
Billing Schedule Amount (USD)
Y ear 1
At Contract Signing $175,500.00
Annual Recurring after Y ear 1 $167,500.00
Contract Total $845,500.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $167,500.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00

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Product and Services Description
Flock Safety Platform Items Product Description Terms Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

FlockOS Features & Description
Package: Essentials
FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices V ehicle Fingerprint Search
Search footage using V ehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page
Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera Direct Share - Surrounding Jurisdiction (Full Access)
Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: City of Hemet
\FSSignature2\ \FSSignature1\
By: By:

\FSFullname2\ \FSFullname1\
Name: Name:

\FSTitle2\ City Manager\FSTitle1\
Title: Title:

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\FSDateSigned2\ \FSDateSigned1\
Date: Date:

PO Number:

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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“ Flock”) and the entity identified in the signature block (“ Customer”) (each a “Party,” and together, the “Parties”) on this the 19 day of December 2023. This Agreement is effective on the date of mutual execution (“ Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and

AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and

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supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “ Authorized End User(s) ” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “ Customer Data ” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth i n the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “ Flock Services ” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

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1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles s uspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “ Installation Services ” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non -exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“ User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if under taken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applic able provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web

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Interface for cloud storage or a cell phone provider for wireless cellular coverage). 2.2 Embedded Software License. Flock grants Customer a limited, non -exclusive, nontransferable, non - sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy -two (72) hours. Flock will provid e Customer with reasonable technical and on -site support and maintenance services in -person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption ”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Se rvice Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

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2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“ Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shal l not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers , employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of

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Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non -exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party

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(the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “ Proprietary Information ” of the Disclosing Party).

Proprietary Information of Flock includes non -public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement .

Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, d isassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software

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included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or prope r working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exer cising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on

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Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shal l notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Upon mutual agreement between the Parties, City shall have the option to extend the term of this agreement for up to two (2) additional one (1) year terms, upon thirty (30) days; written notice, prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the oth er Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole

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discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike man ner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY , AND FLOCK’S SOLE LIABILITY , WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL W ARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes,

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floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY ,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY , PRODUCT LIABILITY , OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C)

COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY , INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GA VE RISE TO THE LIABILITY , IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT

ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION

10.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY , THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses,

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on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the se rvices rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Custo mer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at

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(https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations . Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“ Customer Obligations ”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ord inary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided t hat Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties,

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except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of an y conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts. 11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and in terest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Co mmerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

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2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercia l computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such co mmercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day deliver y by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

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FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

Customer NOTICES ADDRESS:

ADDRESS:

ATTN: EMAIL:

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EXHIBIT B

INSURANCE

Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required . Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad -form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

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TheFlockSafety®ALPRcameraanddevicesaretheonlyLawEnforcement GradeALPRSystemtooffer thefollowingcombinationof proprietaryfeatures:

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4. IntegratedAudio&Gunshot Detection:○ Nativelyintegratedaudiodetectioncapabilitiesutilizingmachinelearningtorecognizeaudiosignaturestypical of crimesinprogress(e.g., gunshots)

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• The Red camera icons represent the 20 new locations for the Flock Safety Falcon Cameras • The Green Flock icons represent the current Flock Safety Falcon Camera locations for Hemet PD and RSO.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jan 30 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California Approving a Reimbursement Agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program Agreement to Reimburse TUMF Funds for the Esplanade Improvements TUMF Project CIP 5706.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

BACKGROUND:

The City is a member agency of the Western Riverside Council of Governments (WRCOG), a joint powers agency comprised of the County of Riverside and 18 cities located in Western Riverside County. WRCOG and its member agencies recognized that there were insufficient funds to address the traffic and transportation needs of new development in the Western County area, so it developed a plan to assist in funding the improvement of certain existing roads or to build new roads throughout the region necessary to accommodate these impacts of new development. The roads to be built and improved are identified on the TUMF Regional System of Highways and Arterials adopted by WRCOG.

WRCOG and its member agencies formulated a plan, and in 2002, adopted the “Western Riverside County Transportation Uniform Fee Nexus Study” whereby new developments would be assessed an equitable fee that would be used to fund necessary improvements for the regional system of roads.

WRCOG member agencies have all approved respective ordinances establishing the transportation uniform mitigation fee on new residential, commercial, and industrial developments. Each developer must pay the TUMF fee based on the type of development and the square footage or number of units as described in the adopted ordinance.

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The City first adopted Ordinance No. 1757 in 2006 (TUMF Ordinance) providing for the collection of certain specified fees on various types of new development. The City subsequently revised this ordinance by adopting Ordinance No. 1824 in 2010 consistent with the WRCOG’s updated 2009 Nexus Study. Again, in 2017, the City adopted Ordinance No. 1938 revising its TUMF Ordinance and renaming it “Western Riverside County Transportation Uniform Mitigation Fee Program Ordinance of 2017” consistent with WRCOG’s newly updated 2016 Nexus Study. Fees are adopted separately by resolution as provided for in the Ordinance.

There are two ways the roads described in the TUMF Regional System of Highways and Arterials are built or improved. Either WRCOG disburses funds back to its member agencies to build or improve the roads in its jurisdiction or a developer builds or improves a roadway.

ANALYSIS:

Esplanade Avenue between Warren Road and State Street is identified in the Transportation Uniform Mitigation Fee Nexus Study, 2016 Update, as a Region System of the Transportation Uniform Mitigation Fee Program. The street is located in the Hemet/San Jacinto Zone and is designated as an ultimate 4 lane roadway. This 3.53 mile segment of Esplanade Avenue has a maximum TUMF share of $10,587,000, with $1,900,000 currently programmed for the south side improvements of Esplanade Avenue within the City of Hemet jurisdiction between Warren Road and Sanderson Avenue. This project is identified in the City’s capital improvement plan as CIP No. 5706.

DISCUSSION:

The City and WRCOG wish to enter into an agreement for reimbursement of TUMF funds for the design of the Esplanade Avenue improvements in the amount of $200,000. These funds will be utilized for the design of the Esplanade Avenue improvements only, and a separate agreement will be needed for the construction of the improvements.

PREVIOUS COUNCIL ACTION:

There has been no previous council action on this item.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

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FISCAL IMPACT:

There is no General Fund impact.

ALTERNATIVE(S):

1. Do not approve the resolution as presented.

2. Provide alternative direction to City Staff.

ATTACHMENT(S):

Attachment 1 - Resolution WRCOG Agreement CIP 5706
Attachment 2 - WRCOG TUMF Reimbursement Agreement CIP 5706 Design

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, APPROVING AN AGREEMENT

BETWEEN THE CITY OF HEMET AND THE WESTERN

RIVERSIDE COUNCIL OF GOVERNMENT (WRCOG) FOR

THE TRANSPORTATION UNIFORM MITIGATION FEE
(TUMF) PROGRAM AGREEMENT TO REIMBURSE TUMF

FUNDS FOR THE ESPLANADE IMPROVEMENTS TUMF
PROJECT CIP 5706
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”) is a member agency of the Western Riverside Council of Governments (“WRCOG”), a joint powers agency comprised of the County of Riverside and eighteen cities located in Western Riverside County; and WHEREAS, the member agencies of WRCOG recognized that there was insufficient funding to address the impacts of new development on the regional system of highways and arterials in Western Riverside County (the “Regional System”); and WHEREAS, in order to address this shortfall, the member agencies formulated a plan whereby a transportation mitigation fee would be assessed on new development and would be used to fund the necessary improvements for the Regional System; and WHEREAS, WRCOG member agencies have all approved respective ordinances establishing the transportation uniform mitigation fee on new residential, commercial, and industrial developments; and
WHEREAS, each developer must pay the TUMF fee based on the type of development and the square footage or number of units as described in the adopted ordinance; and

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the City first adopted Ordinance No. 1757 in 2006 (TUMF Ordinance) providing for the collection of certain specified fees on various types of new development; and
WHEREAS, the City subsequently revised this ordinance by adopting Ordinance No. 1824 in 2010 consistent with the WRCOG’s updated 2009 Nexus Study; and WHEREAS, again in 2017, the City adopted Ordinance No. 1938 revising the TUMF Ordinance and renaming it the “Western Riverside Transportation Uniform Mitigation Fee Program Ordinance of 2017” consistent with the WRCOG’s newly updated 2016 Nexus Study; and
WHEREAS, The Hemet/San Jacinto TUMF zone has programmed $1,900,000 for the south side improvements of Esplanade Avenue within the City of Hemet jurisdiction between Warren Road and Sanderson Avenue identified in the City Capital Improvement Program as CIP 5706.

WHEREAS, The City of Hemet proposes to implement a Qualifying Project, and identifies this project as the Project Approvals & Environmental Document, (PA&ED) and Plans, Specifications and Estimates (PS&E) for CIP 5706. and WHEREAS, a separate agreement will be executed for the construction phase of the project; and

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

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

SECTION 2. The City Council approves the reimbursement agreement between the City of Hemet and the Western Riverside Council of Governments (WRCOG) for the Transportation Uniform Mitigation Fee (TUMF) Program agreement to reimburse TUMF

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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funds for the (PA&ED) and (PS&E) portion of the Esplanade Improvements TUMF project CIP 5706 and authorizes the City Manager to execute the agreement.

SECTION 3. This Resolution shall become effective upon adoption.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon adoption.

PASSED, APPROVED AND ADOPTED this 30th day of January, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-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 30 th day of January, 2024, 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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TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM

AGREEMENT TO REIMBURSE TUMF FUNDS FOR PROFESSIONAL DESIGN

SERVICES FOR THE CITY OF HEMET

ESPLANADE IMPROVEMENTS TUMF PROJECT
THIS REIMBURSEMENT AGREEMENT (“Agreement”) is entered into as of this __________day of __________, 20__, by and between the Western Riverside Council of Governments (“WRCOG”), a California joint powers authority and City of Hemet, a subdivision of the State (“AGENCY”). WRCOG and AGENCY are sometimes hereinafter referred to individually as “Party” and collectively as “Parties”.

RECITALS
A. WRCOG is the Administrator of the Transportation Uniform Mitigation Fee Program of Western Riverside County (“TUMF Program”).

B. WRCOG has identified and designated certain transportation improvement projects throughout Western Riverside County as projects of regional importance (“Qualifying Projects” or “Projects”). The Qualifying Projects are more specifically described in that certain WRCOG study titled “TUMF Nexus Study”, as may be amended from time to time. Qualifying Projects can have Regional or Zonal significance as further described in the TUMF Nexus Study.

C. The TUMF Program is funded by TUMF fees paid by new development in Western Riverside County (collectively, “TUMF Program Funds”). TUMF Program Funds are held in trust by WRCOG for the purpose of funding the Qualifying Projects.

D. The AGENCY proposes to implement a Qualifying Project, and it is the purpose of this Agreement to identify the project and to set forth the terms and conditions by which WRCOG will release TUMF Program Funds.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:

1. Description of the Qualifying Project. This Agreement is intended to distribute TUMF Program Funds to the AGENCY for ESPLANADE IMPROVEMENTS TUMF PROJECT, (the “Project”), a Qualifying Project. The Work, including a timetable and a detailed scope of work, is more fully described in Exhibit “A” attached hereto and incorporated herein by reference and, pursuant to Section 20 below, is subject to modification if requested by the AGENCY and approved by WRCOG. The work shall be consistent with one or more of the defined WRCOG Call for Projects phases detailed herein as follows:
1) PA&ED – Project Approvals & Environmental Document
2) PS&E – Plans, Specifications and Estimates

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2. WRCOG Funding Amount. WRCOG hereby agrees to distribute to AGENCY, on the terms and conditions set forth herein, a sum not to exceed TWO HUNDRED THOUSAND DOLLARS ($200,000), to be used for reimbursing the AGENCY for eligible Project expenses as described in Section 3 herein (“Funding Amount”). The Parties acknowledge and agree that the Funding Amount may be less than the actual cost of the Project. Nevertheless, the Parties acknowledge and agree that WRCOG shall not be obligated to contribute TUMF Program Funds in excess of the maximum TUMF share identified in the TUMF Nexus Study (“Maximum TUMF Share”), as may be amended from time to time.

3. Project Costs Eligible for Advance/Reimbursement. The total Project costs (“Total Project Cost”) may include the following items, provided that such items are included in the scope of work attached hereto as Exhibit “A” (“Scope of Work”): (1) AGENCY and/or consultant costs associated with direct Project coordination and support; (2) funds expended in preparation of preliminary engineering studies; (3) funds expended for preparation of environmental review documentation for the Project; (4) all costs associated with right-of-way acquisition, including right-of-way engineering, appraisal, acquisition, legal costs for condemnation procedures if authorized by the AGENCY, and costs of reviewing appraisals and offers for property acquisition; (5) costs reasonably incurred if condemnation proceeds; (6) costs incurred in the preparation of plans, specifications, and estimates by AGENCY or consultants; (7) AGENCY costs associated with bidding, advertising and awarding of the Project contracts; and (8) any AGENCY administrative cost to deliver the Project.

4. Ineligible Project Costs. The Total Project Cost shall not include the following items which shall be borne solely by the AGENCY without reimbursement: (1) any AGENCY administrative fees attributed to the reviewing and processing of the Project; and (2) expenses for items of work not included within the Scope of Work in Exhibit “A”.

5. Procedures for Distribution of TUMF Program Funds to AGENCY. (a) Initial Payment by the AGENCY. The AGENCY shall be responsible for initial payment of all the Project costs as they are incurred. Following payment of such Project costs, the AGENCY shall submit invoices to WRCOG requesting reimbursement of eligible Project costs. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to the AGENCY, and documents evidencing the AGENCY’s payment of the invoices or demands for payment. Documents evidencing the AGENCY’S payment of the invoices shall be retained for four (4) years and shall be made available for review by WRCOG. The AGENCY shall submit invoices not more often than monthly and not less often than quarterly.
(b) Review and Reimbursement by WRCOG. Upon receipt of an invoice from the AGENCY, WRCOG may request additional documentation or explanation of the Project costs for which reimbursement is sought. Undisputed amounts shall be paid by WRCOG to the AGENCY within thirty (30) days. In the event that WRCOG disputes the eligibility of the AGENCY for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. If the meet and confer process is unsuccessful in resolving the dispute, the AGENCY may appeal WRCOG’s decision as to the eligibility of one or more invoices to WRCOG’s Executive Director. The WRCOG Executive Director shall

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provide his/her decision in writing. If the AGENCY disagrees with the Executive Director’s decision, the AGENCY may appeal the decision of the Executive Director to the full WRCOG Executive Committee, provided the AGENCY submits its request for appeal to WRCOG within ten (10) days of the Executive Director’s written decision. The decision of the WRCOG Executive Committee shall be final. Additional details concerning the procedure for the AGENCY’s submittal of invoices to WRCOG and WRCOG’s consideration and payment of submitted invoices are set forth in Exhibit “B”, attached hereto and incorporated herein by reference.
(c) Funding Amount/Adjustment. If a post Project audit or review indicates that WRCOG has provided reimbursement to the AGENCY in an amount in excess of the Maximum TUMF Share of the Project, or has provided reimbursement of ineligible Project costs, the AGENCY shall reimburse WRCOG for the excess or ineligible payments within 30 days of notification by WRCOG.

6. Increases in Project Funding. The Funding Amount may, in WRCOG’s sole discretion, be augmented with additional TUMF Program Funds if the TUMF Nexus Study is amended to increase the maximum eligible TUMF share for the Project. Any such increase in the Funding Amount must be approved in writing by WRCOG’s Executive Director. In no case shall the amount of TUMF Program Funds allocated to the AGENCY exceed the then-current maximum eligible TUMF share for the Project. No such increased funding shall be expended to pay for any Project already completed. For purposes of this Agreement, the Project or any portion thereof shall be deemed complete upon its acceptance by WRCOG’s Executive Director which shall be communicated to the AGENCY in writing.

7. No Funding for Temporary Improvements. Only segments or components of the construction that are intended to form part of or be integrated into the Project may be funded by TUMF Program Funds. No improvement which is temporary in nature, including but not limited to temporary roads, curbs, tapers or drainage facilities, shall be funded with TUMF Program Funds, except as needed for staged construction of the Project.

8. AGENCY’s Funding Obligation to Complete the Project. In the event that the TUMF Program Funds allocated to the Project represent less than the total cost of the Project, the AGENCY shall provide such additional funds as may be required to complete the Project.

9. AGENCY’s Obligation to Repay TUMF Program Funds to WRCOG; Exception For PA&ED Phase Work. Except as otherwise expressly excepted within this paragraph, in the event that: (i) the AGENCY, for any reason, determines not to proceed with or complete the Project; or (ii) the Project is not timely completed, subject to any extension of time granted by WRCOG pursuant to the terms of this Agreement; the AGENCY agrees that any TUMF Program Funds that were distributed to the AGENCY for the Project shall be repaid in full to WRCOG, and the Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism. If the Project involves work pursuant to a PA&ED phase, AGENCY shall not be obligated to repay TUMF Program Funds to WRCOG relating solely to PA&ED phase work performed for the Project.

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10. AGENCY’s Local Match Contribution. AGENCY local match funding is not required, as shown in Exhibit “A” and as called out in the AGENCY’s Project Nomination Form submitted to WRCOG in response to its Call for Projects.

11. Term/Notice of Completion. The term of this Agreement shall be from the date first herein above written until the earlier of the following: (i) the date WRCOG formally accepts the Project as complete, pursuant to Section 6; (ii) termination of this Agreement pursuant to Section 15; or (iii) the AGENCY has fully satisfied its obligations under this Agreement. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

12. Representatives of the Parties. WRCOG’s Executive Director, or his or her designee, shall serve as WRCOG’s representative and shall have the authority to act on behalf of WRCOG for all purposes under this Agreement. The AGENCY hereby designates Noah Rau, Public Works Director/City Engineer, or his or her designee, as the AGENCY’s representative to WRCOG. The AGENCY’s representative shall have the authority to act on behalf of the AGENCY for all purposes under this Agreement and shall coordinate all activities of the Project under the AGENCY’s responsibility. The AGENCY shall work closely and cooperate fully with WRCOG’s representative and any other agencies which may have jurisdiction over or an interest in the Project.

13. Expenditure of Funds by AGENCY Prior to Execution of Agreement. Nothing in this Agreement shall be construed to prevent or preclude the AGENCY from expending funds on the Project prior to the execution of the Agreement, or from being reimbursed by WRCOG for such expenditures. However, the AGENCY understands and acknowledges that any expenditure of funds on the Project prior to the execution of the Agreement is made at the AGENCY’s sole risk, and that some expenditures by the AGENCY may not be eligible for reimbursement under this Agreement.

14. Review of Services. The AGENCY shall allow WRCOG’s Representative to inspect or review the progress of the Project at any reasonable time in order to determine whether the terms of this Agreement are being met.

15. Termination.
(a) Notice. Either WRCOG or AGENCY 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 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.
(b) Effect of Termination. In the event that the AGENCY terminates this Agreement, the AGENCY shall, within 180 days, repay to WRCOG any unexpended TUMF Program Funds provided to the AGENCY under this Agreement and shall complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. In the event that WRCOG terminates this Agreement, WRCOG shall, within 90 days, distribute to the

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AGENCY TUMF Program Funds in an amount equal to the aggregate total of all unpaid invoices which have been received from the AGENCY regarding the Project at the time of the notice of termination; provided, however, that WRCOG shall be entitled to exercise its rights under Section 5(b), including but not limited to conducting a review of the invoices and requesting additional information. Upon such termination, the AGENCY shall, within 180 days, complete any portion or segment of work for the Project for which TUMF Program Funds have been provided. This Agreement shall terminate upon receipt by the non-terminating Party of the amounts due to it hereunder and upon completion of the segment or portion of Project work for which TUMF Program Funds have been provided.
(c) Cumulative Remedies. The rights and remedies of the Parties provided in this Section are in addition to any other rights and remedies provided by law or under this Agreement.

16. Progress Reports. WRCOG may request the AGENCY to provide WRCOG with progress reports concerning the status of the Project.

17. Indemnification.
(a) AGENCY Responsibilities. In addition to the indemnification required under Section 16, the AGENCY agrees to indemnify and hold harmless WRCOG, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of the AGENCY or its subcontractors. The AGENCY will reimburse WRCOG for any expenditures, including reasonable attorneys’ fees, incurred by WRCOG, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of the AGENCY.
(b) WRCOG Responsibilities. WRCOG agrees to indemnify and hold harmless the AGENCY, its officers, agents, consultants, and employees from any and all claims, demands, costs or liability arising from or connected with all activities governed by this Agreement including all design and construction activities, due to negligent acts, errors or omissions or willful misconduct of WRCOG or its sub-consultants. WRCOG will reimburse the AGENCY for any expenditures, including reasonable attorneys’ fees, incurred by the AGENCY, in defending against claims ultimately determined to be due to negligent acts, errors or omissions or willful misconduct of WRCOG.
(c) Effect of Acceptance. The AGENCY shall be responsible for the professional quality, technical accuracy and the coordination of any services provided to complete the Project. WRCOG’s review, acceptance or funding of any services performed by the AGENCY or any other person or entity under this Agreement shall not be construed to operate as a waiver of any rights WRCOG may hold under this Agreement or of any cause of action arising out of this Agreement. Further, the AGENCY shall be and remain liable to WRCOG, in accordance with applicable law, for all damages to WRCOG caused by the

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AGENCY’s negligent performance of this Agreement or supervision of any services provided to complete the Project.

18. Insurance. The AGENCY shall require, at a minimum, all persons or entities hired to perform the Project to obtain, and require their subcontractors to obtain, insurance of the types and in the amounts described below and satisfactory to the AGENCY and WRCOG. Such insurance shall be maintained throughout the term of this Agreement, or until completion of the Project, whichever occurs last.
(a) Commercial General Liability Insurance. Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Project or be no less than two times the occurrence limit. Such insurance shall:
(i) Name WRCOG and AGENCY, and their respective officials, officers, employees, agents, and consultants as insured with respect to performance of the services on the Project and shall contain no special limitations on the scope of coverage or the protection afforded to these insured;
(ii) Be primary with respect to any insurance or self-insurance programs covering WRCOG and AGENCY, and/or their respective officials, officers, employees, agents, and consultants; and
(iii) Contain standard separation of insured provisions. (b) Business Automobile Liability Insurance. Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
(c) Professional Liability Insurance. Errors and omissions liability insurance with a limit of not less than $1,000,000.00 Professional liability insurance shall only be required of design or engineering professionals.
(d) Workers’ Compensation Insurance. Workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000.00 each accident.

19. Project Amendments. Changes to the characteristics of the Project, including the deadline for Project completion, and any responsibilities of the AGENCY or WRCOG may be requested in writing by the AGENCY and are subject to the approval of WRCOG’s Representative, which approval will not be unreasonably withheld, provided that extensions of time for completion of the Project shall be approved in the sole discretion of WRCOG’s Representative. Nothing in this Agreement shall be construed to require or allow completion of the Project without full compliance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; “CEQA”) and the National Environmental Policy Act of

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1969 (42 USC 4231 et seq.), if applicable, but the necessity of compliance with CEQA and/or NEPA shall not justify, excuse, or permit a delay in completion of the Project.

20. Conflict of Interest. For the term of this Agreement, no member, officer or employee of the AGENCY or WRCOG, during the term of his or her service with the AGENCY or WRCOG, as the case may be, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

21. Limited Scope of Duties. WRCOG’s and the AGENCY’s duties and obligations under this Agreement are limited to those described herein. WRCOG has no obligation with respect to the safety of any Project performed at a job site. In addition, WRCOG shall not be liable for any action of AGENCY or its contractors relating to the condemnation of property undertaken by AGENCY or construction related to the Project.

22. Books and Records. Each party shall maintain complete, accurate, and clearly identifiable records with respect to costs incurred for the Project under this Agreement. They shall make available for examination by the other party, its authorized agents, officers or employees any and all ledgers and books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or related to the expenditures and disbursements charged to the other party pursuant to this Agreement. Further, each party shall furnish to the other party, its agents or employees such other evidence or information as they may require with respect to any such expense or disbursement charged by them. All such information shall be retained by the Parties for at least four (4) years following termination of this Agreement, and they shall have access to such information during the four-year period for the purposes of examination or audit.

23. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant of reemployment because of race, religion, color, national origin, 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.

24. Governing Law. This Agreement shall be governed by and construed with the laws of the State of California.

25. Attorneys’ Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and costs of suit.

26. Time of Essence. Time is of the essence for each and every provision of this Agreement.

27. Headings. Article and Section Headings, paragraph captions or marginal headings contained in this Agreement are for convenience only and shall have no effect in the construction or interpretation of any provision herein.

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28. Public Acknowledgement. The AGENCY agrees that all public notices, news releases, information signs and other forms of communication shall indicate that the Project is being cooperatively funded by the AGENCY and WRCOG TUMF Program Funds.

29. No Joint Venture. This Agreement is for funding purposes only and nothing herein shall be construed to make WRCOG a party to the construction of the Project or to make it a partner or joint venture with the AGENCY for such purpose.

30. Compliance With the Law. The AGENCY shall comply with all applicable laws, rules and regulations governing the implementation of the Qualifying Project, including, where applicable, the rules and regulations pertaining to the participation of businesses owned or controlled by minorities and women promulgated by the Federal Highway Administration and the Federal Department of Transportation.

31. Notices. All notices hereunder and communications regarding interpretation of the terms of this Agreement or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

If to AGENCY: City of Hemet – Public Works Department
445 E. Florida Avenue
Hemet, CA 92543
Attention: Noah Rau, Public Works Director
Telephone: (951) 765-2360
Facsimile: (951) 765-2336
If to WRCOG: Western Riverside Council of Governments
3390 University Avenue; Suite 200
Riverside, California 92501
Attention: Christopher Gray, Deputy Executive Director
Telephone: (951) 405-6710
Facsimile: (951) 223-9720
Any notice so given shall be considered served on the other party three (3) days after deposit in the U.S. mail, first class postage prepaid, return receipt requested, and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred regardless of the method of service.

32. Integration; Amendment. This Agreement contains the entire agreement between the PARTIES. Any agreement or representation respecting matters addressed herein that are not expressly set forth in this Agreement is null and void. This Agreement may be amended only by mutual written agreement of the PARTIES.

33. Severability. If any term, provision, condition or covenant of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby.

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34. Conflicting Provisions. In the event that provisions of any attached appendices or exhibits conflict in any way with the provisions set forth in this Agreement, the language, terms and conditions contained in this Agreement shall control the actions and obligations of the Parties and the interpretation of the Parties’ understanding concerning the Agreement.

35. Independent Contractors. Any person or entities retained by the AGENCY or any contractor shall be retained on an independent contractor basis and shall not be employees of WRCOG. Any personnel performing services on the Project shall at all times be under the exclusive direction and control of the AGENCY or contractor, whichever is applicable. The AGENCY or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the Project and as required by law. The AGENCY or consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers’ compensation insurance.

36. Effective Date. This Agreement shall not be effective until executed by both Parties. The failure of one party to execute this Agreement within forty-five (45) days of the other party executing this Agreement shall render any execution of this Agreement ineffective.

37. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
[SIGNATURES ON FOLLOWING PAGE]

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15.D.

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[INSERT PROJECT #]

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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives to be effective on the day and year first above-written.

WESTERN RIVERSIDE COUNCIL CITY OF HEMET

OF GOVERNMENTS
By: Date: By: Date:

Dr. Kurt Wilson Mark Prestwich
Executive Director City Manager
Approved to Form: Approved to Form:

By: Date: By: Date:

Steven C. DeBaun Steven Graham
General Counsel City Attorney

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15.D.

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[INSERT PROJECT #]
Exhibit A

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EXHIBIT “A”

SCOPE OF WORK
SCOPE OF WORK: This Agreement is solely for the purposes of engineering design and technical studies in support of the Esplanade Avenue sidewalk improvements between Warren Road and Sanderson Avenue.

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15.D.

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[INSERT PROJECT #]
Exhibit A – 1

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EXHIBIT “A-1”

ESTIMATE OF COST
Construction costs are not included in this Agreement, this Agreement is for Project Approvals & Environmental Documentation (PA&ED), Plans, Specifications, &Estimates (PS&E), and Right-of-way only.

Phase TUMF LOCAL TOTAL
PA&ED $50,000 0 $50,000
PS&E $150,000 0 $150,000
RIGHT OF WAY 0 0 0
CONSTRUCTION TBD *
TOTAL $200,000 0 $200,000

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15.D.

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[INSERT PROJECT #]
Exhibit A – 2

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EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:

The timetable below includes the schedule for the PA&ED and PS&E only, as this agreement is for these items only. A separate agreement will be made at a later date for the construction portion of the agreement.

Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED 10/01/2024 $50,000
PS&E 12/01/2024 $150,000

RIGHT OF WAY N/A

CONSTRUCTION TBD
TOTAL $200,000

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15.D.

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[INSERT PROJECT #]
Exhibit B

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Elements of Compensation
EXHIBIT “B”

PROCEDURES FOR SUBMITTAL, CONSIDERATION AND PAYMENT OF INVOICES

1. For professional services, WRCOG recommends that the AGENCY incorporate this Exhibit “B-1” into its contracts with any subcontractors to establish a standard method for preparation of invoices by contractors to the AGENCY and ultimately to WRCOG for reimbursement of AGENCY contractor costs.

2. Each month the AGENCY shall submit an invoice for eligible Project costs incurred during the preceding month. The original invoice shall be submitted to WRCOG’s Executive Director with a copy to WRCOG’s Project Coordinator. Each invoice shall be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-2”.

3. For jurisdictions with large construction projects (with the total construction cost exceeding $10 million) under construction at the same time, may with the approval of WRCOG submit invoices to WRCOG for payment at the same time they are received by the jurisdiction. WRCOG must receive the invoice by the 5th day of the month in order to process the invoice within 30 days. WRCOG will retain 10% of the invoice until all costs have been verified as eligible and will release the balance at regular intervals not more than quarterly and not less than semi-annually. If there is a discrepancy or ineligible costs that exceed 10% of the previous invoice WRCOG will deduct that amount from the next payment.

4. Each invoice shall include documentation from each contractor used by the AGENCY for the Project, listing labor costs, subcontractor costs, and other expenses. Each invoice shall also include a monthly progress report and spreadsheets showing the hours or amounts expended by each contractor or subcontractor for the month and for the entire Project to date. Samples of acceptable task level documentation and progress reports are attached as Exhibits “B-4” and “B-5”. All documentation from the Agency’s contractors should be accompanied by a cover letter in a format substantially similar to that of Exhibit “B-3”.

5. If the AGENCY is seeking reimbursement for direct expenses incurred by AGENCY staff for eligible Project costs, the AGENCY shall provide the same level of information for its labor and any expenses as required of its contractors pursuant to Exhibit “B” and its attachments.

6. Charges for each task and milestone listed in Exhibit “A” shall be listed separately in the invoice.

7. Each invoice shall include a certification signed by the AGENCY Representative or his or her designee which reads as follows:

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15.D.

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[INSERT PROJECT #]
Exhibit B

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“I hereby certify that the hours and salary rates submitted for reimbursement in this invoice are the actual hours and rates worked and paid to the contractors or subcontractors listed.

Signed ________________________________
Title __________________________________
Date __________________________________
Invoice No. ____________________________

8. WRCOG will pay the AGENCY within 30 days after receipt by WRCOG of an invoice.

If WRCOG disputes any portion of an invoice, payment for that portion will be withheld, without interest, pending resolution of the dispute, but the uncontested balance will be paid.

9. The final payment under this Agreement will be made only after: (I) the AGENCY has obtained a Release and Certificate of Final Payment from each contractor or subcontractor used on the Project; (ii) the AGENCY has executed a Release and Certificate of Final Payment; and (iii) the AGENCY has provided copies of each such Release to WRCOG.

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15.D.

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[INSERT PROJECT #]
Exhibit B-1

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Hemet City CouncilJanuary 30, 2024

Hemet City Council
January 30, 2024