Hemet City Council
February 27, 2024

15.D.

Solar Controller - Compare timing against the approved timing plan, check any discrepancies against log and notify Engineer of all discrepancies. When and where necessary,
Solar Panel - Clean the solar panel (in a manner supported by the manufacturer's specifications) to remove all dust and clean without any damage to the panel. The repair or replacement of any of the components, including the solar panel, shall be considered extra work and will require prior approval by the City before work is commenced.

Visual Inspection - Visually inspect each in-pavement or above-ground flashing device to ensure that they all remain secure in place and are not loose within the pavement. Inspect the devices to ensure that they are not damaged or broken in any manner and that they remain clean. Verify that the device properly activates from the ped push button. Also confirm that the in-pavement light or device is flashing as intended for each direction with similar brightness. Check alignment and clean debris away from the pole mounted lights and "pucks" to insure visibility of 125 yards in each direction. Any device found to be defective shall be scheduled for repair within thirty (30) days of diagnosis and shall be considered extra work and will require prior approval by the City before work Is commenced.

B. Group Replacement Program of Non-LED Vehicular Signal Indications Over the past several years only LED indications have been used to replace non-LED indications. However, there is still a possibility that some non-LED indications remain in place. The City requests that the Contractor provide pricing to review and replace all non-LED indications at a lump sum per intersection as a optional task for the City. If this task option is exercised by the City, it would likely be requested to have two intersections completed per month until all have been completed.

The task shall include all labor and replacement LED indications as per the City's standards and as approved by the Engineer or authorized representative. The replacement schedule shall be developed around the concept of replacing all indications per intersection at one time. This task may not be accelerated ahead of schedule, with the exception of indications that are replaced ahead of schedule due to burn-out/failure on a case-by-case basis. When Indications are replaced ahead of the replacement schedule, they will be removed from the replacement list and the actual date of installation recorded in the maintenance log. Subsequent failure of replaced indications shall be repaired / replaced by the Contractor as warranty work at the Contractor's expense.

The Contractor shall only be paid for actual work completed as per the Fee Schedule and no additional compensation shall be allowed therefore.

C. Extraordinary Maintenance

15.D.

Extraordinary maintenance as listed in the Contract Agreement includes all the labor, equipment, parts and materials necessary to ensure the safe and efficient operation of the City's traffic signal system that goes beyond the normal routine preventative maintenance program established by this Scope of Services. Items of extraordinary maintenance or extra work generally include the following:
•Furnish and install replacement traffic signal cabinet assembly including new foundation and all wiring.
•Furnish and install replacement service cabinet, foundation and wiring. •Furnish and Install replacement traffic signal poles and mast arms. •Furnish and install replacement vehicle and pedestrian signal indications. •Furnish and install replacement conduits, pull boxes, lids and wiring. •Furnish and install replacement panels or Reflectorized street name signs (RSNS) as directed by the Engineer.
•Furnish and install replacement safety lights.
•Furnish and install replacement traffic signal control equipment and components. •Furnish and install replacement batteries.
•Cut and install replacement detector loops.
•Paint signal equipment.

Extraordinary maintenance, except for emergency repairs as provided for in this Scope of Services, shall require prior written authorization from the Engineer. In situations requiring immediate response, verbal authorization from the Engineer or his authorized representative is sufficient followed by a written authorization.

The City will compensate the Contractor for such additional work based on the verified invoice cost of materials, equipment and labor. Billing for such additional work shall reflect the labor rates established by Exhibit C. Upon receipt of an itemized invoice within thirty (30) days of completion of work, the City shall compensate the Contractor for additional work.

In the event a price cannot be agreed upon for very specific work not covered by the Fee Schedule, the City reserves the right to repair and/or solicit quotations or invite bids and award work to any Contractor to perform such additional work.

15.D.

15.D.

EXHIBIT “D”

INSURANCE
(A)INSURANCE REQUIREMENTS. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Contractor shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Contractor shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Contractor shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

15.D.

coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
•A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
•Pay on behalf of wording as opposed to reimbursement;
•Concurrency of effective dates with primary policies;
•Policies shall “follow form” to the underlying primary policies; and •Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be

15.D.

endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

15.D.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 27 2024
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;

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

TITLE:

Second Reading and Adoption of Ordinance 2027, An Ordinance of the City Council of the City of Hemet, California, Amending the Hemet Municipal Code, Regulations, and Policies to Substitute References to the Finance Director with the Administrative Services Director

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Waive further reading and adopt Ordinance 2027, An Ordinance of the City Council of the City of Hemet, California, Amending the Hemet Municipal Code, Regulations, and Policies to Substitute References to the Finance Director with the Administrative Services Director

BACKGROUND:

The proposed ordinance seeks to update all references within the Hemet Municipal Code, city regulations, and policies from the Finance Director to the Administrative Services Director. This change is in recognition of the revised scope of responsibilities and the strategic realignment of the role to serve the City's needs better.

PREVIOUS COUNCIL ACTION:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to:

(1) Waive Full Reading and Introduction of the Ordinance 2024-2027 by Title Only; An Ordinance Of The City Council Of The City Of Hemet, California, Amending The Hemet Municipal Code, Regulations, And Policies To Substitute References To The Finance Director With The Administrative Services Director; and

(2) Direct the City Manager to place the Second Reading and Adoption of the Ordinance on the Consent Calendar for the next regularly scheduled City Council meeting.

15.E.

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.

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 1 - Administrative Services Director Ordinance (1)

15.E.

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 THE HEMET

MUNICIPAL CODE, REGULATIONS, AND POLICIES TO

SUBSTITUTE REFERENCES TO THE FINANCE DIRECTOR

WITH THE ADMINISTRATIVE SERVICES DIRECTOR
WHEREAS, the City of Hemet (“City”) has undergone organizational changes, including the renaming or re-titling of certain positions; and WHEREAS, the City Council desires that the Hemet Municipal Code along with regulations and policies of the City be amended to reflect the change from Finance Director to Administrative Services Director.

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

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

SECTION 2: All references within the Hemet Municipal Code, regulations and policies of the City to the Finance Director are hereby amended to reference the Administrative Services Director.

SECTION 3: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be

15.E.

ORDINANCE NO. 2024-XXX 2
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invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision 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 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

SECTION 5: PUBLICATION. The City Clerk is authorized and directed to cause this Ordinance to be published in the manner required by law.

INTRODUCED at the regular meeting of Hemet City Council on the 13 thday of February, 2024.

APPROVED AND ADOPTED this 27th day of February, 2024.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.E.

ORDINANCE NO. 2024-XXX 3
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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 27th day of February, 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

15.E.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 27 2024
Department: Community Development
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;

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

TITLE:

Second Reading and Adoption of Ordinance 2028, An Ordinance of the City Council of the City of Hemet, California, Adding Sections 74-100 through 74-105 to the Hemet Municipal Code Related the Hotel Investment Program

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Waive further reading and adopt Ordinance 2028, An Ordinance of the City Council of the City of Hemet, California, Adding Sections 74-100 through 74-105 to the Hemet Municipal Code Related the Hotel Investment Program.

BACKGROUND:

A number of California municipalities have incentivized investment in their local hotels (or development of hotel rooms), concluding that incentive programs supporting the renovation of a sufficient scale can drive additional tax revenues to their city (e.g., hotel tax, property tax, and sales tax) and further improve their community’s guest lodging amenities. While the majority of California hotel incentive programs are designed to attract the construction of new higher-rated hotels (e.g., three to five-star properties), some programs are designed to support the renovation of existing hotel assets.

PREVIOUS COUNCIL ACTION:

MOTION BY MAYOR PRO TEM PETERSON, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to Waive full reading, read by title only, and introduce an Ordinance 2024-2028 of the City of Hemet, California, Adding Sections 74-100 through 74-105 to the Hemet Municipal Code Related the Hotel Investment Program.

STRATEGIC PLAN INTEGRATION:

15.F.

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.

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 1 - Ordinance Hotel Incentive (1) revisions 1 (2)

15.F.

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CITY COUNCIL ORDINANCE NO. 2024-xxx

CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2024-xxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMET,
CALIFORNIA, ADDING SECTIONS 74-100 THROUGH 74-105 TO

THE HEMET MUNICIPAL CODE RELATED TO THE HOTEL

INVESTMENT INCENTIVE PROGRAM

THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the following, each on a separate and independent basis: CEQA Guidelines, Section 15378 (not a project) and Section 15061 (b)(3) (no significant environmental impact).

SECTION 2. Section 74-100 is hereby added to the Hemet Municipal Code to read as follows:

Hotel Investment Incentive Program
Section 74-100 Purpose
(A) The purpose of the Hotel Investment Inventive Program is to provide an incentive program for the renovation and expansion of hotel facilities which:
(1) Enhances the tourist and travel experience for visitors to the City; (2) Provides attractive amenities to the public and desirable visitor service facilities and experiences;
(3) Assists the City in achieving its tourism goals;
(4) Encourages continued investment in lodging facilities; and (5) Increases the transient occupancy tax revenue to the City. (B) In the implementation of this program, the City Council finds:
(1) The general welfare and material well-being of the residents of the City depends in substantial measure upon the growth and expansion of the tourism and travel industries in the City.

15.F.

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CITY COUNCIL ORDINANCE NO. 2024-xxx
(2) The renovation and expansion of the inventory of hotels in the City will create desirable visitor-serving facilities that will: (a) contribute to the growth and expansion of tourism and travel opportunities in the City; (b) provide employment opportunities for the residents of the City; (c) provide additional transient occupancy tax revenues to the City; and (d) promote and enhance the economy of the City.
(3) It is in the best interest of the City to induce and encourage the expansion, renovation, and maintenance of hotel facilities that might not otherwise be as successful, thereby creating new sources of revenues for the City’s general fund, which supports the public services the City provides its residents and visitors.
(4) The authority granted and the purposes to be accomplished by this chapter are proper local governmental and public purposes for which public funds can be expended, and the renovating, maintaining, and expanding of the inventory of hotels is of paramount importance to the City, its residents, and businesses.

Section 74-101 Definitions.

For the purposes of the Hotel Investment Incentive Program, the following definitions shall apply:

Approved Hotel means any existing hotel that has submitted an application and a business plan for participation in the Hotel Investment Incentive Program and has been approved by the City to participate in the Hotel Investment Incentive Program.

Business Plan means a written plan submitted to the City documenting, at a minimum (a) planned improvements to the hotel property, including the estimated costs of the improvements, and (b) an estimate of revenues and expenditures for the operation of the hotel through the term of the Hotel Investment Incentive Program. The Business Plan shall compare past revenues with the future estimated revenues as a result of the proposed new expenditures.

Existing Hotel means any property constructed, occupied, and operating as a hotel containing nine or more guest rooms for compensation and where the guest rooms are: (a) designed and intended as transient occupancy accommodations and (b) that was issued a final certificate of occupancy on or before February 1, 2024.

Furniture, Fixtures, and Equipment means movable furniture, fixtures, or other equipment that have no permanent connection to the structure of a building or utilities within the hotel. More specifically, furniture, fixtures, and /or equipment would include decorative items, wall coverings, flooring treatment, window treatments, casework, furnishings and accessories, furniture, data communications equipment, voice

15.F.

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CITY COUNCIL ORDINANCE NO. 2024-xxx
communications equipment, audio visual communications equipment, electronic surveillance equipment, electronic detection and alarm equipment, commercial equipment, food service equipment, entertainment equipment, athletic and recreational equipment, collection and disposal equipment. Operational supplies include all supplies needed for the operation of the hotel, such as stationery, computer equipment and accessories, guestroom TVs and mounts, alarm clocks in rooms, linens, pillows, housekeeping carts and supplies, trash cans, all items for the hotel restaurant and bar, banquet and conference facilities (including china, utensils, glasses, etc.). Furniture, fixtures, and equipment, for qualifying cost purposes, include all taxes, freight, warehouse expenses, installation fees, and purchasing fees.

Hotel for the purposes of the Hotel Investment Incentive Program shall be defined as found in Section 74-71, except that the Hotel Investment Incentive Program shall only apply to properties containing nine or more guest rooms for compensation and where the guest rooms are designed and intended as transient occupancy accommodations and does not include those properties offered as a bed and breakfast facilities, bed and breakfast inns, campground, guest houses, short term lodging units, homeless housing facilities, or residential care homes.

Hotel Investment Incentive Program or Incentive Program means the transient occupancy tax increment rebate program established by this Ordinance.

Indemnification Agreement means the agreement between the City and an operator in which the operator agrees to indemnify and defend the City against any claims or lawsuits that are brought against the City (and all liabilities, damages, and costs incurred by the City in connection therewith) as a result of the application of this Ordinance to a hotel participating in the Incentive Program.

Operating Covenants means the operating covenants to be recorded against hotel properties for hotels participating in the Incentive Program, which shall include provisions regarding continuing use of the hotel as a hotel, maintenance, and non- discrimination.

Operator means the person who runs and operates a hotel, whether in the capacity of owner, developer, lessee, sub-lessee, mortgagee in possession, licensee, franchisee, or any other capacity, or the assignee or designee of such person.

Shell Costs mean actual and direct third-party costs of all materials, labor, and equipment associated with the renovation or expansion of the hotel as determined by the City Manager, acting in his/her sole and absolute discretion. Items excluded from Shell Costs include, without limitation, Furniture, Fixtures and Equipment costs, architectural and engineering fees, permits and fees, legal costs, accounting costs, taxes, sales or lease commissions, marketing expenses, initial operating capital, and other indirect costs, as well as developer or hotel operator overhead.

15.F.

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CITY COUNCIL ORDINANCE NO. 2024-xxx
Tax Sharing Agreement means an agreement between the Operator and the City setting forth the details and obligations of the parties to renovate a Hotel according to the approved Business Plan and receive transient occupancy tax increment as set forth in this Chapter.

Transient Occupancy means a stay of no more than thirty (30) consecutive calendar days.

Transient Occupancy Tax means the tax established by and paid to the City pursuant to this Chapter.

Transient Occupancy Tax Base means the historical production of transient occupancy tax by an existing hotel calculated as the average transient occupancy tax per year based onfor the highest twelve-month period during the prior three five years or prior twelve months, whichever is greater, of reported transient occupancy tax due to the City, then subsequently as adjusted to present equivalent on an annual basis based on the Riverside Area Consumer Price Index – All Urban Consumers published by the U.S. Bureau of Labor Statistics.

Transient Occupancy Tax Increment means, on an annual basis, the difference between the transient occupancy tax base and the amount of transient occupancy tax actually received by the City from the approved existing hotel after renovation. It is determined by reference to actual receipts by the City of transient occupancy tax from the improved approved hotel. Under no circumstances shall the City be liable for any reimbursement of transient occupancy tax increment not actually received and permanently retained by the City.

Transient Occupancy Tax Sharing means the rebate from the City to the operator of an approved hotel of a portion of that hotel’s transient occupancy tax increment, as determined each year for which the tax sharing agreement is valid. The payment of the approved hotel’s portion of the transient occupancy tax increment shall be paid to the approved hotel within thirty (30) days after the anniversary date of the issuance of the certificate of completion.

Under Construction means that all necessary discretionary entitlements have been approved by the City, grading and building permits have been issued, inspection approvals by the City of grading and foundations to grade level have been obtained, and vertical construction of hotel rooms has begun.

Section 74-102. Participation Requirements.
(A) To participate in the Hotel Investment Incentive Program, the operator of any existing eligible hotel which plans a renovation to improve the hotel facility must:
(1) Complete and submit to the City Manager an application for participation in the Incentive Program on the City’s official Incentive Program application form;

15.F.

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CITY COUNCIL ORDINANCE NO. 2024-xxx
(2) Submit a Business Plan in writing.
(3) Allow the City to inspect the existing hotel to determine that the improvements contemplated by the Business Plan, which are the justification for the transient occupancy tax sharing, do not already exist, and, upon demand of the City, provide the City with such evidence of the approved business’ intention and ability to proceed to construct the necessary improvements or make the necessary purchases, as are reasonably satisfactory to the City;
(4) Receive approval for participation in the Incentive Program from the City Council;
(5) Enter into a transient occupancy tax sharing agreement in the form approved by the City, which shall include provisions for payment of, and adherence to, prevailing wage requirements and a commitment to use good faith efforts to hire local residents and contract with local subcontractors, suppliers, and other local businesses for property improvements;
(6) Execute and record against the hotel property the operating covenants in a form approved by the City;
(7) Execute an indemnification agreement in a form approved by the City; and
(8) Upon completion of the subject improvements or purchases and before transient occupancy tax sharing commences, allow the City to inspect the approved business to verify that the contemplated improvements and/or purchases have been made and completed to enable the business to increase its occupancy and/or room rate. If the improvements are approved by the City, the City shall issue a Certificate of Completion.
(B) Required Level of Improvements for Eligibility
(1) Minimum Furniture, Fixture, and Equipment Costs of not less than $15,000 per guestroom.
(2) In addition to the Furniture, Fixture, and Equipment expenditures, Shell/Property Improvements totaling at a minimum, $20,000 per guestroom. (3) Expenses related to hotel expansion projects are eligible expenses provided they are qualifying Shell Costs or Furniture, Fixture, and Equipment costs. (C) Future hotels are ineligible for participation in the Hotel Investment Incentive Program, except where a future hotel complies with the requirement identified in subsection (A) “Participation Requirements” above to rebuild any of the historic City hotels and the following:

15.F.

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CITY COUNCIL ORDINANCE NO. 2024-xxx
(1) The minimum number of guestrooms shall be no less than seventy (70). (2) Required compliance with all industry standards of at least a 3-star rated hotel.
(3) The rebuilt historic hotel must be built within the area south of Oakland Avenue, north of Acacia Avenue, east of Gilbert Street, and west of Buena Vista Street. a quarter mile of any prior historic hotel.

Section 74-103. City Council Authority; Incentives.
(A) The City Council is authorized to enter into transient occupancy tax sharing agreements and required recordation of operating covenants with hotel operators who have demonstrated eligibility, and satisfied all Incentive Program participation requirements.
(B) Existing Eligible Hotels:
(1) The term of the Incentive Program shall be 25 years from the date an eligible hotel is issued a Certificate of Completion.
(2) From the first year through the tenth year of the date of Incentive Program participation approval and completed renovations, the hotel operator shall receive an amount of transient occupancy tax increment equal to 90% of the transient occupancy tax increment submitted to the City for the prior year. (3) Starting at the eleventh year and continuing through the fifteenth year of Incentive Program participation, the hotel operator shall receive an amount of transient occupancy tax increment equal to 75% of the transient occupancy tax increment submitted to the City for the prior year.
(4) Starting at the sixteenth year and continuing through the twentieth year of Incentive Program participation, the hotel operator shall receive an amount of transient occupancy tax increment equal to 50% of the transient occupancy tax increment submitted to the City for the prior year.
(5) Starting at the twenty-first year and continuing through the twenty-fifth year of Incentive Program participation, the hotel operator shall receive an amount of transient occupancy tax increment equal to 25% of the transient occupancy tax increment submitted to the City for the prior year.
(6) The cost share percentages shall remain the same in the event the City’s hotel tax rate is increased.
(C) Rebuilt Historic Hotels:

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CITY COUNCIL ORDINANCE NO. 2024-xxx
(1) The term of the Incentive Program shall be for 30 years from the date an eligible hotel is issued a Certificate of Completion.
(2) From the first year through the fifteenth year of the date of Incentive Program participation approval and completed renovations, the hotel operator shall receive an amount of transient occupancy tax increment equal to 90% of the transient occupancy tax increment submitted to the City for the prior year. (3) Starting at the sixteenth year and continuing through the twentieth year of Incentive Program participation, the hotel operator shall receive an amount of transient occupancy tax increment equal to 75% of the transient occupancy tax increment submitted to the City for the prior year.
(4) Starting at the twenty-first year and continuing through the thirtieth year of Incentive Program participation, the operator shall receive an amount of transient occupancy tax increment equal to 50% of the transient occupancy tax increment submitted to the City for the prior year.
(5) The cost share percentages shall remain the same in the event the City’s hotel tax rate is increased.
(D) The City Council may, by Development Agreement, enter into a transient occupancy tax-sharing agreement on different terms.

Section 74-104. Operating Agreement.

Each operator of a hotel that enters into a transient occupancy tax sharing agreement with the City shall record against the participating hotel property the following operating covenants to run with the land:
(A) Continuing Use and Operation. During the hotel’s participation in the transient occupancy tax sharing Incentive Program, the operator covenants and agrees for itself, its successors, assigns, or designees, to continually operate and use the hotel property as a hotel. None of the rooms in the hotel will at any time be utilized as a non-transient residential property or rental periods that exceed thirty (30) days, except for senior living units, which may still qualify for the Incentive Program so long as they meet all other requirements of the Program. No part of the hotel will at any time be owned by a cooperative housing corporation. All uses conducted on the hotel property shall conform to all ordinances, statutes, rules, and regulations of the City, the county of Riverside, and the state of California.
(B) Maintenance. During the hotel’s participation in the transient occupancy tax sharing Incentive Program, the operator covenants and agrees for itself, its successors, assigns, or designees to continually maintain and repair or cause to be maintained and repaired, the hotel property, including, but not limited to, buildings, structures, parking areas, lighting, signs, and landscaping, to be in good condition

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CITY COUNCIL ORDINANCE NO. 2024-xxx
conforming to all applicable laws, including all applicable provisions of the City’s Municipal Code and to hotel industry standards applicable to that type of hotel, and shall keep the hotel property free from any accumulation of debris or waste materials. (C) Nondiscrimination. During the hotel’s participation in the transient occupancy tax sharing Incentive Program, the operator covenants and agrees for itself, its successors, assigns, or designees, that the hotel and any of its employees shall not discriminate against any person on the basis of sex, gender, gender identity, gender expression, marital status, domestic partnership status, sexual orientation, race, color, religion, ancestry, national origin, or disability.

Section 74-105. General Provisions.
(A) All transient occupancy tax revenues or transient occupancy tax increment remitted to the City by an operator of a hotel that enters into a transient occupancy tax sharing agreement with the City shall be deemed general fund revenues of the City and shall be deposited in the City’s general fund.
(B) The City may terminate the transient occupancy tax sharing agreement on ten (10) days’ notice if the operator violates any of the operating covenants, provided that such violation or violations continue to exist at the end of said ten-day period. Specifically, without limiting the generality of the foregoing, a failure to pay to the City, in a timely manner and in the correct amount, the transient occupancy tax which the operator collects shall permit the City to terminate the transient occupancy tax sharing agreement. The City shall give notice to the operator as required by the terms of the transient occupancy tax sharing agreement.
(C) The City may offer to purchase an existing hotel at fair market value. A fair market value determination shall be based on the fair market value of the hotel and shalland shall be determined by a licensed and independent appraiser mutually agreed upon by the City and hotel operator. In the event of a disagreement on the choice of the appraiser, each party shall appoint one appraiser, and the two appointed appraisers shall jointly select a third appraiser. The appraiser(s) shall consider all relevant factors affecting the fair market value, including the hotel's current condition, market conditions, and any improvements.
(D) Upon any default of City, the Hotel Operator’s remedy shall be limited to specific performance, and monetary damages shall not be available. A term to that effect shall be included in the tax-sharing agreement and/or operating covenants. (E) The Hotel Operator shall retain all Hotel financial records, whether audited or unaudited, regarding the Hotel’s revenues subject to City’s Transient Occupancy Tax during the term of the Tax Sharing Agreement plus five years. The Hotel Operator agrees to make the Hotel’s financial records regarding the Hotel’s revenues subject to City’s Transient Occupancy Tax available to the City within thirty (30) days of a written request for City audit purposes. Once the requested financial records have been

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CITY COUNCIL ORDINANCE NO. 2024-xxx
supplied and reviewed or audited, the Hotel Operator’s obligation to provide those financial records and subsequent retention shall cease. (F) This Hotel Investment Incentive Program shall terminate as to the acceptance of new approvals to the Program from participant Hotels five (5) years after the effective date of the adopting Ordinance unless extended by the City Council.

SECTION 3. Severability: If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

SECTION 5. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.
////
INTRODUCED at the regular meeting of the Hemet City Council on January 30, 2024.

APPROVED AND ADOPTED this ___ day of _________________, 2024. ______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk

15.F.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 27 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:

Second Reading and Adoption of Ordinance 2030, 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:

Waive further reading and adopt Ordinance 2030, 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 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.

PREVIOUS COUNCIL ACTION:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to introduce, read by title only, and waive further reading of 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 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.

STRATEGIC PLAN INTEGRATION:

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

Objective 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.

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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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.

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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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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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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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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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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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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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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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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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APPROVED AND ADOPTED this _______ day of February, 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)

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.

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
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

15.G.

Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)

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)

15.G.

Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)

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

15.G.

Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)

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

15.G.

Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)

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

15.G.

Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)

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

15.G.

Created: 2023-12-21 10:55:02 [EST]
(Supp. No. 66, Update 1)

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.

15.G.

Created: 2023-12-21 10:55:03 [EST]
(Supp. No. 66, Update 1)

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.

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
A. Agriculture and Natural Resources

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

15.G.

Created: 2023-12-21 10:55:03 [EST]
(Supp. No. 66, Update 1)

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

15.G.

Created: 2023-12-21 10:55:03 [EST]
(Supp. No. 66, Update 1)

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

15.G.

Created: 2023-12-21 10:55:03 [EST]
(Supp. No. 66, Update 1)

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

15.G.

Created: 2023-12-21 10:55:03 [EST]
(Supp. No. 66, Update 1)

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)

15.G.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 27 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:

Second Reading and Adoption of Ordinance 2031, 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:

Waive further reading and adopt Ordinance 2031, 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.

PREVIOUS COUNCIL ACTION:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to introduce, read by title only, and waive further reading of 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.

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.

15.H.

ATTACHMENT(S):

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

15.H.

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

15.H.

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.

15.H.

CITY OF HEMET ORDINANCE NO. 2024- 3
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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 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.

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

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

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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 - Feb 27 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:

A Resolution of the City Council of the City of Hemet, California, Approving the Automatic Retroactive Extension of Tentative Parcel Maps, Vested Tentative Tract Maps, and Tentative Tract Maps

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving Automatic Retroactive Extension of Tentative Parcel Maps, Vested Tentative Tract Maps and Tentative Tract Maps.

BACKGROUND:

From 2008 through 2021, the California Legislature passed several bills automatically extending the expiration dates of tentative maps, vesting tentative maps, and tentative parcel maps (“Maps”) ministerially to remedy the economic downturn.

Assembly Bills 1303 and 2973, enacted by the California Legislature, applied only within counties where the annual mean household income within the county is less than 80 percent of the statewide annual mean income, the annual non-seasonal unemployment rate is at least 2.75 percent higher than the statewide annual non-seasonal unemployment rate, and the population for whom poverty status is determined is at least four percent higher than the statewide median poverty rate.

The City of Hemet, by itself, would likely have met the income, employment, and poverty level tests of AB 1303 and AB 2973; however, the bills required that the county as a whole meet the test. City staff misapplied the provisions of Assembly Bills 1303 and 2973 (codified as Government Code Sections 66452.25 and 66452.26, respectively) to extend the Maps automatically.

ANALYSIS:

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The City has identified three Maps affected by the extensions under AB 1303 and 2973 as provided in the attached. Two of the three maps have been recorded and are currently under construction.

Without a retroactive extension under Government Code Section 66452.6(e), the developer who has not completed the final map process will be forced to start the subdivision map application process over, which will result in significant expenditures of time and resources to both the property owner, the developer, and the City.

The resolution, as provided in the attached, would retroactively approve the Maps listed in Exhibit A (1)(2) and (3).

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

Objective 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.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution_Map Extension
Exhibit A (1) TTM 35393
Exhibit A (2) TTM 35392
Exhibit A (3) TTM 24067

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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 AUTOMATIC

RETROACTIVE EXTENSION OF TENTATIVE PARCEL

MAPS VESTED TENTATIVE TRACT MAPS AND

TENTATIVE TRACT MAPS
WHEREAS, Over the past 16 years, there has been residential and commercial real estate market conditions that have decelerated construction in the City of Hemet; and,
WHEREAS, from 2008 through 2021, the California Legislature passed several bills automatically extending the expiration dates of tentative maps, vesting tentative maps, and tentative parcel maps (“Maps”) ministerially to remedy the economic downturn; and
WHEREAS, Assembly Bills 1303 and 2973 enacted by the California Legislature applied only within counties where the annual mean household income within the county is less than 80 percent of the statewide annual mean income, the annual nonseasonal unemployment rate is at least 2.75 percent higher than the statewide annual nonseasonal unemployment rate, and the population for whom poverty status is determined is at least 4 percent higher than the statewide median poverty rate; and

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WHEREAS, the City of Hemet, by itself, would likely have met the income, employment, and poverty level tests of AB 1303 and AB 2973, however, the bills required that the county as a whole meet the test; and
WHEREAS, City staff inappropriately applied the provisions of Assembly Bills 1303 and 2973 (codified as Government Code Sections 66452.25 and 66452.26 respectively) to automatically extend the Maps; and
WHEREAS, the City has identified the Maps affected by the extensions under AB 1303 and 2973. Without a retroactive extension under Government Code Section 66452.6(e), each of the Maps will be deemed expired, and developers will be forced to start the subdivision map application process over, which will result in significant expenditures of time and resources to both the property owner, the developer and the City.

WHEREAS, this resolution shall extend the life of approved Maps listed in Exhibit A, together with any other tentative maps, vesting tentative maps and parcel maps meeting the requirements of state law.

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

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

SECTION 2. COUNCIL ACTION.

1. To authorize the City Manager, or his designee, to retroactively and automatically extend tentative parcel maps, vested tentative

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maps, and tentative parcel maps listed in Exhibit A, in accordance with Government Code Section 66452.6(e) for the length of time City staff had inappropriately approved for extension under AB 1303 and AB 2973.

2. Acknowledge that this retroactive extension is necessary due to the inadvertent oversight and the need for additional time to comply with the requirements of the Government Code.

SECTION 3. MAP ACT FINDINGS. The proposed retroactive
extension is consistent with the provisions outlined in the Subdivision Map Act (SMA) and in the Hemet Municipal Code. The requested retroactive extension does not involve substantial changes to the maps listed in Exhibit A that would require new maps or trigger additional statutory requirements. The projects continue to comply with the conditions of approval specified in the original tentative tract map, and any outstanding conditions are being addressed. The retroactive extension request has been reviewed for compliance, adhering to all applicable laws, ordinances, and procedural requirements outlined in the Subdivision Map Act.

SECTION 4: ENVIRONMENTAL FINDINGS. Environmental
assessments were conducted for the maps listed in Exhibit A as part of the original tentative tract map approval and the projects were found to be in compliance with California Environmental Quality Act (CEQA). In addition, in accordance with the CEQA and the State CEQA Guidelines, it has been

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determined that the granting of time extensions is not subject to CEQA per Section 14061(b)(3) of the Guidelines, regarding the general rule that where it can be seen with certainty that there is no possibility of a significant effect on the environment, an activity is not subject to CEQA.

SECTION 5. EFFECTIVE DATE. This Resolution shall become effective on February 27, 2024.

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

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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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Exhibit A (1), (2), and (3) as Attached Herein

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 27 2024
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the Fifth Amendment in the amount of $503,600 to the Agreement for Services between the City of Hemet and Willdan Engineering for a Total Contract Amount Not to Exceed $1,453,600 per City Fiscal Year and Authorizing the City Manager to Execute the Agreement

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, 1) Approving a Fifth Amendment to the Professional Services Agreement between the City of Hemet and Willdan Engineering, by $503,600, increasing the contracts not to exceed amount to $1,453,600 per City Fiscal Year,
2) Authorizing the City Manager to Execute the Agreement.

BACKGROUND:

The City of Hemet contracts with Willdan to provide plan check, inspection, and permit technician services. On September 8, 2022, the City entered into a contract (not to exceed $50,000) with Willdan for permit technician and inspection services.

On September 27, 2022, the First Amendment to the contract was approved and the contract not-to- exceed amount was increased to $200,000.

On February 28, 2023, the Second Amendment to the contract was approved in the amount of $265,357.52 for a total amount not-to-exceed of $465,357.52 for permit technician and inspection services. This amendment was recommended by staff to become current with Willdan for services performed through January 2023. At this same meeting, staff advised the City Council that a future amendment was forthcoming to recommend an additional appropriation to continue services for permit technician and inspection services through the remainder of the Fiscal Year 2022-23.

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On of amount the approved was contract the in Amendment Third the 2023, 14, March to $484,642.48 for a total amount not to exceed $950,000 for the remainder of Fiscal Year (FY) 2022-

23. On August 31, 2023, the Fourth Amendment was approved to replace the Scope of Services (specifically including Senior Planner Services) and to replace the compensation schedule to reflect new fees. Total compensation for the fourth amendment remained at a not to exceed of $950,000 per fiscal year.

ANALYSIS:

the had Safety Life of Department Budget, 2023-24 FY the of adoption the At Operating conservatively estimated Building Permit and Plan Check revenues to amount to approximately $2.09 million However, activity significant 2024, January of end year. through in fiscal the for the construction and development projects has occurred citywide and revenues have already surpassed staff original estimates and are projected to end the year at $4.66 million.

The table below illustrates staff's original revenue expectations compared to the year-to-date activities and staff's updated revenue projections for FY 2023-24.

Based on this analysis, staff is anticipating the building revenues in these categories will exceed budget forecasts in the total amount of $2.56 million for FY 2023-24.

DISCUSSION:

The Building and Safety Division requires plan check, inspection, and permit technician services to process these services that are submitted daily to the City. With current staffing levels, a recently vacated Chief Building Official position, and increased construction, building, and development activity throughout the City, it is recommended the City continue to contract with Willdan to advance projects and permits forward.

The current contract limit with Willdan is an amount not to exceed $950,000 per fiscal year and would need to be increased by an additional $503,600 to an updated not-to-exceed amount of $1,453,600 per City fiscal year.

PREVIOUS COUNCIL ACTION:

On September 8, 2022, the City entered into a contract (not to exceed $50,000) with Willdan for permit technician and inspection services.

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On September 27, 2022, the First Amendment to the contract was approved and the contract not-to- exceed amount was increased to $200,000.

On February 28, 2023, the Second Amendment to the contract was approved in the amount of $265,357.52 for a total amount not-to-exceed of $465,357.52.

On March 14, 2023, the Third Amendment to the contract was approved in the amount of $484,642.48 for a total amount not-to-exceed of $950,000 per City fiscal year.

On August 31, 2023, the Fourth Amendment was approved to amend the Scope of Services and Compensation.

STRATEGIC PLAN INTEGRATION:

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 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:

To adopt a Resolution approving the Fifth Amendment in the amount of $503,600 to the Agreement for Services between the City of Hemet and Willdan Engineering for a total contract amount not-to exceed $1,453,600 and would entail a supplemental appropriation increase in the amount of $661,600 per City Fiscal Year in account number 120-3300-2610 which is being separately requested within the Mid-Year Budget Update Staff Report.

ATTACHMENT(S):

Attachment 1: Resolution - Willdan Engineering - Fith Amendment to Agreement (Hemet) Attachment 2: Willdan Engineering - Plan Review, Field Insp & Permit Tech - Fifth Amendment - 2023-081

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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 THE FIFTH
AMENDMENT IN THE AMOUNT OF $503,600 TO THE

AGREEMENT OF SERVICES BETWEEN THE CITY OF

HEMET AND WILLDAN ENGINEERING FOR A
CONTRACT AMOUNT NOT TO EXCEED $1,453,600 PER

CITY FISCAL YEAR AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENT.

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

WHEREAS, City and Willdan Engineering entered into an Agreement on September 8, 2022 to provide Building and Safety Service; and WHEREAS, The City Council approved the First Amendment, dated September 27, 2022 to provide a not to exceed amount of $200,000 per fiscal year; and WHEREAS, The City Council approved the Second Amendment, dated February 28, 2023 to provide a not to exceed amount of $465,357.52; and WHEREAS, The City Council approved the Third Amendment, dated March 14, 2023 to provide a not to exceed amount of $950,000; and WHEREAS, The City Council approved the Fourth Amendment, dated August 31, 2023 to amend the Scope of Services and Compensation.

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WHEREAS, the City of Hemet desires to increase the not-to-exceed amount to one million three hundred sixty thousand six hundred dollars ($1,453,600) per City Fiscal Year in account no. 120-3300-2610.

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

SECTION 1.FINDS - The City Council of the City of Hemet finds and determines that the above referenced recitals are true and correct and the material to this Resolution.

SECTION 2.DETERMINES - The City Council of the City of Hemet, California, approves the fifth amendment contract increase in the amount of $503,600 to provide external services to advance projects and permits forward.

SECTION 3.ORDERS - Approving the Fifth Amendment in the amount of $503,600 to the Agreement for Services between the City of Hemet and Willdan Engineering for a Total Contract Amount Not to Exceed $1,453,600 per City Fiscal Year and Authorizing the City Manager to Execute the Agreement in the Fiscal Year 2023- 2024 Adopted Budget.

SECTION 4.EFFECTIVE DATE - This Resolution shall become effective on February 27, 2024.

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PASSED, APPROVED AND ADOPTED this 27th day of February, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

15.J.

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 27th day of February, 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

15.J.

00091753.1

FIFTH AMENDMENT TO
AGREEMENT # 2023-081

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND

WILLDAN ENGINEERING

A CALIFORNIA CORPORATION
DATED: FEBRUARY 28, 2024

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00091753.1 Page | 1

FIFTH AMENDMENT TO AGREEMENT
This Fifth Amendment to the Professional Services Agreement for Plan Review, Field Inspection, and Permit Technician Services is made and entered into as of this 28th day of February, 2024, by and between the City of Hemet (“City”), a California municipal corporation and Willdan Engineering, a California corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Professional Services Agreement” dated September 8, 2022 (“Agreement”) for the purpose of retaining services of Consultant to provide Plan Review, Field Inspection, and Permit Technician Services.

B. The First Amendment, dated September 14, 2022, amended Section 4 and Exhibit “B” of the Agreement to provide that the total compensation shall not exceed Two Hundred Thousand Dollars ($200,000.00) per City fiscal year.

C. The Second Amendment, dated February 28, 2023, amended Section 4 and Exhibit “B” of the Agreement to provide that the total compensation shall not exceed Four Hundred and Sixty-Five Thousand Three Hundred and Fifty-Seven Dollars and Fifty-Two Cents ($465,357.52)
D. The Third Amendment, dated March 15, 2023, amended Section 4 and Exhibit “B” of the Agreement to provide that the total compensation shall not exceed Nine Hundred and Fifty Thousand Dollars ($950,000.00) per City fiscal year.

E. The Fourth Amendment, dated August 31, 2023, replaced Exhibit “A” with Exhibit “A- 1” and Exhibit “B” with Exhibit “B-1”.

F. The Parties now desire to execute this Fifth Amendment Pursuant to Section 28 of the Agreement to increase the total Not to Exceed Amount to One Million Four and Fifty- Three Thousand Six Hundred Dollars ($1,453,600.00) per City fiscal year.

G. All other terms and conditions of the Agreement not inconsistent with this Fifth Amendment shall remain in full force and effect.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Fifth Amendment which modifies and amends the Agreement as follows:

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00091753.1 Page | 2

1.AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the Not to Exceed Amount to One Million Four and Fifty-Three Thousand Six Hundred Dollars ($1,453,600.00) per City fiscal year.

2.MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

3.REMAINDER UNCHANGED. Except as specifically modified and amended in this Fifth Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4.INTEGRATION. This Fifth Amendment consists of pages 1 through 3, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Fifth Amendment.

5.SEVERABILITY. If any portion of this Fifth Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6.EFFECTIVE DATE. This Fifth Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.

7.APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Fifth Amendment.

8.REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fifth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fifth Amendment.
[SIGNATURE PAGE FOLLOWS]

15.J.

00091753.1 Page | 3
IN WITNESS WHEREOF, the Parties hereto have executed this Fifth Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

15.J.

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Feb 27 2024
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Accounting Manager;

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

TITLE:

2023-24 Mid-Year Budget Update

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive a presentation addressing an update on the status of revenues and expenditures and a status update on the financial position of the General Fund and;

Adopt a resolution amending the Fiscal Year 2023-24 Budget, approving appropriations, and amending the budgeted positions list.

BACKGROUND:

The Fiscal Year 2023-24 budget was adopted on June 27, 2023. This document presented the staff's best estimate of what each department needed to service the public and meet Strategic Plan goals.

This budget update focuses on programs and projects in the General Fund and will address:
 A comparison of actuals to budgeted revenues and expenditures  A summary of additional authorized uses of reserves from the General Fund

Each year, staff performs an analysis and review of economic trends, current resources, and projected needs to complete the remainder of the fiscal year. During this process, the budget is amended for various reasons including; revenue adjustments, allocating additional funds for unscheduled items, actions by third parties that impact the budget, or changes in the economy.

ANALYSIS:

The General Fund is comprised of general government revenue streams, including those allocated for the City's general government operations and Measure U revenue.

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In aggregate, revenues in the General Fund (including Measure U) are trending behind expectations by approximately 5.8% ($1.977 million) of budgeted revenue for the fiscal year 2023-24 period. This is largely attributed to impacts of higher inflation on vehicle sales and commodity prices.

As of November 30, 2023, the City received $5.863 million in General Fund sales tax revenue and $5.382 million in General Fund Measure U sales tax revenue.

Finance staff are closely monitoring the results of sales tax revenue distributions from the State, such that modifications to operations may be made if revenue shortfalls persist.

Property tax reflects approximately $8.9 million of the City’s revenue or 12.5% of the General Fund revenue budget. The largest apportionment for property taxes comes to the City two times per year, typically mid-December and mid to late May.

Forecasts from HDL for property tax for the City of Hemet are favorable to an extent. In late October, the City received its first apportionment of Current/Unsecured property tax. The City budgeted $275,500 for Current/Unsecured property tax for FY 2023-24. Prior Year actuals were $314,446. The October apportionment was approximately 28% in excess of budget and 12% more than the prior year's actuals. The apportionment for unsecured property tax represents only 4% of the FY 2023-24 budget for property tax revenue. The City received its first current/secured apportionment of property tax revenue of $2.3 million in early December.

As of the date of the preparation of this report, the City has received approximately $2.8 million in property tax revenue. This represents approximately 30% of the budgeted property tax revenue year to date. Unlike sales tax, the City is ahead of receipts received at the same time last year by approximately 11%.

Expenditures through December 2023 in the General Fund are trending at approximately 43% of the total operating budget. This includes approximately $24.9 million in the General Fund and $7.9 million specifically associated with Measure U.

The City Council has approved $400,000 in one-time use of General Fund reserves for the Library Chiller CIP Project and the Storefront Vandalism Relief grant program.

DISCUSSION:

Departments and divisions regularly review their program budgets to ensure adequate funding exists in order to continue providing services to the community, and will periodically make requests for adjustments. Annually, at mid-year, a thorough review is completed operational departments the opportunity to consider adjustments that were unknown at the start of the budget cycle. Adjustments were necessary for both Revenues and Expenditures as a result of this review.

REVENUE ADJUSTMENTS

Overall, the General Fund (110 and 115) revenues are projected to experience a net revenue decrease due to the anticipated year-end reduction in Sales Tax and Measure U Transaction Tax Reports.

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In the Community Development Fund (120), revenues for the Department of Life Safety are projected to have an increase due to the increase in development activity impacting the building permits being issued and the building plan checks being performed.

Overall, there is a forecasted net decrease in General Fund revenues of $522,200 which includes the following line item impact:

EXPENDITURE ADJUSTMENTS

On the expenditure side, increases to the maintenance and operations budgets of the City Council, City Manager, Fire and Life Safety, and Police Departments are recommended. Overall expenditure budget increases total $851,700 with the bulk of the recommended adjustments to provide continuity of plan check services due to staff vacancies.

The list includes three (3) changes to the approved positions list:
 The Department of Fire and Life Safety - Transition one part-time Building Tech II to a full-time positions. The fiscal net impact for mid-year will add no additional appropriations as the current position has been vacant fiscal year to date. The ongoing fiscal impact in future years will be approximately $51,300 (fully burdened).
 The Department of Fire and Life Safety - Replace one (1) Building Inspector II to a Senior Building Inspector to improve expertise of inspection services and recruitment efforts. The fiscal net impact for mid-year will add no additional appropriations as the current position has been vacant fiscal year to date. The ongoing fiscal impact in future years will be approximately $7,900 (fully burdened).
 The Department of Fire and Life Safety - Add one (1) Code Enforcement Officer II. The fiscal impact to General Fund for this is anticipated to be $19,400 for two (2) months remaining in the year after recruitment and appointment. The ongoing fiscal impact in future years will be approximately $99,800 (fully burdened).

The remainder of the changes include the following:

City Council:
 It is proposed to increase the Council's conference budget by $21,700 for attendance to ICSC Conference in Las Vegas for five council members and the League's Council Member Training

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Conference in Monterey for three councilmembers. This will cover the cost of onsite marketing, travel, lodging and registration.

City Manager - Administration Program:
 It is proposed to increase City Manager's Professional Services budget by $8,500 to account for increase in due membership costs for the League of California Cities and Southern California Associations of Governments.

Fire and Life Safety - Fire Prevention Program:
 It is proposed to increase Fire Prevention's Overtime budget by $5,000.  It is proposed to increase Fire Prevention's Contract budget by $25,000 to accommodate additional weed abatement services.

Fire and Life Safety - Code Compliance Program:
 It is proposed to increase Code Compliance's Overtime budget by $15,500 to accommodate occasional needs for Code Enforcement officers to be called out on weekends for Code related activities. This includes the implementation of stand-by time for employees in the Service Employees International Union (SEIU) labor group.

Fire and Life Safety - Building Program:
 It is proposed to increase Building Contract Inspections/Plan Check Services budget by $661,600 for plan check services being performed by Willdan, as the City is experiencing a high volume of plan check needs and experiencing two vacancies at this time. Funding needs would be reduced should the City fill either or both of the existing vacancies.

Police - Community Services Program:
 It is proposed to increase Police's Community Services Program Overtime budget by $25,000 to accommodate Hemet Unified School District (HUSD) school resource officer security during games and graduation ceremonies. This increase is reimbursable and is reflected in an increase to the revenues as well.

Police - Patrol Program:
 It is proposed to increase Police's Patrol Program Overtime budget by $70,000 to provide patrol officer security services to the Indio Police Department for Coachella and Stagecoach concert series in 2024. This increase is reimbursable and is reflected in an increase to the revenues as well.

PREVIOUS COUNCIL ACTION:

The Fiscal Year 2023-24 budget was adopted on June 27, 2023.

The City Council Adopted the 2023-24 Capital Improvement Plan and authorized expenditures on August 8, 2023.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.

Objective 2: Increase transparency for the public.

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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 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

The Fiscal Impact to General Fund accounts totals $628,700 and Non-General Fund accounts totals are $34,500 for an overall expenditure budget increase of appropriations of $663,500.

DEPARTMENT ACCOUNT ACCOUNT

TITLE AMOUNT DESCRIPTION
City Council 100-1100-
2550 Conferences $ 15,000.00 ICSC for 5
councilmembers
City Council 100-1100-
2550 Conferences $ 6,700.00 League of CA Cities for 3 councilmembers
City Manager 100-1200-
2710
Professional
Services $ 5,800.00 League of CA Cities
dues
City Manager 100-1200-
2710
Professional
Services $ 2,700.00 SCAG dues
Fire Life Safety -
Fire Prevention
110-3225-
1300 Overtime $ 5,000.00 Overtime
Fire Life Safety -
Fire Prevention
110-3225-
1300 Contracts $ 25,000.00 Weed abatement
Fire Life Safety -
Code Compliance
120-3350-
1300 Overtime $ 10,000.00 Overtime
Fire Life Safety -
Code Compliance
120-3350-
1300 Overtime $ 5,500.00 Stand-by overtime
Fire Life Safety -
Code Compliance
120-3350-
1100 Salaries $ 8,200.00 Addl Code Enforcement
Officer II
Fire Life Safety -
Code Compliance
120-3350-
1400
Other Fringe
Benefit $ 3,600.00 Addl Code Enforcement
Officer II
Fire Life Safety -
Code Compliance
120-3350-
1405 PERS $ 7,600.00 Addl Code Enforcement
Officer II
Fire Life Safety -
Building
120-3300-
2610
Professional
Services $ 661,600.00 Willdan plan check
services
Police - Community
Services
110-3006-
1300 Overtime $ 25,000.00 HUSD Security services
(reimbursable)
Police - Patrol 110-3003-
1300 Overtime $ 70,000.00 Security services for
Indio PD (reimbursable)
Total: $ 851,700.00

ATTACHMENT(S):

Attachment 1: Mid-Year Resolution
Mid-Year Supplemental Requests ALL DEPTS

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CITY OF HEMET RESOLU TION NO. 202 4-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, AMENDING THE BUDGET AND

APPROVING APPROPRIATIONS FOR THE FISCAL YEAR
COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024

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

WHEREAS, on June 27, 2023, the Hemet City Council adopted th e Fiscal Year 2021/2022 annual budget; and
WHEREAS, the City of Hemet conducts regular reviews of its budget as it is fiscally prudent to do so; and
WHEREAS, based upon the latest review the City desires to amend the budget as stated in Attachment A

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

SECTION 1. RECOMMENDATION - The recommended adjustments to the budget as summarized in Exhibit A, attached hereto and incorporated herein by reference, and corresponding adjustments to the exp enditure appropriations within the funds, are hereby approved.

SECTION 2. EFFECTIVE DATE - This Resolution shall become effec tive on February 27, 2024.

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CITY OF HEMET RESOLU TION NO. 202 4-XXX 2

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PASSED, APPROVED AND ADOPTED this 27th day of February, 2024.

____________________________
Joe Males, Mayor

ATTEST:

_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLU TION NO. 202 4-XXX 3

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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 27th day of February, 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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Attachment A
Fiscal Year 2023-2024
Mid-Year Budget Request
851,700.00$
Department Program Item/Service Description Account number Amount Justification Funding Source City Council Administration ICSC Las Vegas (5/19-5/21) 100-1100-2550 $ 15,000.00 Booth, travel, lodging, registration and membership for 5 council members to attend ICSC
in May 2024.

General Fund
City Council Administration Monterey League event 100-1100-2550 $ 6,700.00 Travel, lodging, registration and membership for 3 council members to attend Monterey - League
event.

General Fund
City Manager Administration League of California Cities Dues 100-1200-2710 $ 5,800.00 Population increase caused increase of dues. General Fund City Manager Administration SCAG Dues 100-1200-2710 $ 2,700.00 Dues increased over budget General Fund Fire Life Safety Fire Prevention Overtime 110-3225-1300 $ 5,000.00 FP does not have an OT Appropriation. Last FY2223 spent $1,127 in OT. Recommend $5k for
FY2324. Currently FP Officer OT being charged to
120-3300-1300.

General Fund
Fire Life Safety Fire Prevention Weed Abatement 110-3225-2400 $ 25,000.00 To continue the effort to reduce danger to lives and properties in Hemet, we need to increase the
current Weed Abatement Appropriation by
$25,000 (from $58,300 to $67,300). The current
Weed Abatement contract amount of $58,300 has
been exhausted. These additional funds will assist
in future Weed Abatement services mandated by
the City.

General Fund
Fire Life Safety Building Sr. Building Inspector 120-3300-1100 $ - Re-implementing a formerly frozen City position.

One of the Building Inspector II position's will be
upgraded to a Senior Building Inspector position.

By doing so, this will bring a higher level of
experience that will contribute to the
enhancement of City Building Inspections, Permits
and Plan Check services.

General Fund
Fire Life Safety Code Compliance Overtime 120-3350-1300 $ 10,000.00 Current Approp $10k; FY2223 spend was $17k; Council/CM want Code to clean streets causing
Weekend OT. CDBG does not cover OT.

Recommend bumping up to $20k. Increase
Overtime Appropriation from $10k to $20k
General Fund

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Attachment A
Department Program Item/Service Description Account number Amount Justification Funding Source Fire Life Safety Code Compliance On-Call Pay 120-3350-1100 $ 5,500.00 On-Call pay for Code Officers ($120 * 26 weeks = $3,120) bumped up to $3,200
General Fund
Fire Life Safety Code Compliance 4th Code Officer 120-3350-1100 $ 19,400.00 The Code Dept's key focus areas are of street Vendors, Hotels and the Safe and Clean Street
Initiative. In order to maintain City Council's
expectations, a 4th Code Officer is necessary.

General Fund
Fire Life Safety Building Willdan - Plan Check Services 120-3300-2610 $ 661,600.00 Increase volume in building permits and building plan check services require additional
appropriations for Willdan. Contract increase will
be presented separately.

General Fund
Fire Life Safety Building Convert Building Permit Tech from PT to FT 120-3300-???? $ - Increase volume in building requires additional hours allocated to service the public. Converting
this position to full-time will provide more hours of
public service.

General Fund
Police Community Services
School resource officers security provided during
HUSD games and graduation ceremonies. 110-3006-1300 $ 25,000.00 Revenue 110-0746 is also being increased to
reflect service provided. General Fund
Police Patrol
Patrol officers security services provided to Indio
PD for Coachella and Stagecoach concert series
2024. 110-3003-1300 $ 70,000.00
Revenue 110-0521 is also being increased to
reflect service provided. General Fund
Total Requests: 851,700.00$ General Fund

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