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3 Project No. 5690
3. TIME FOR PERFORMANCE
a) Time is of the essence in Contractor’s performance of the Work for this Agreement. Contractor agrees to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the Agency, exclusive of maintenance periods, within the specified duration set forth in the Notice to Proceed. All timing requirements shall be strictly adhered to unless otherwise modified by the Agency in accordance with the Bid and Contract Documents. If Contractor
b) The Parties estimate that performance of this Agreement will not exceed the Not to Exceed Amount. Contractor shall notify the Agency in writing whenever it has reason to believe that the costs the Contractor 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 Maximum Amount specified herein. As part of the notification, the Contractor shall provide the Agency a revised estimate of the total cost of performing this Agreement.
4. DELAYS AND EXTENSIONS OF TIME
Delays and extensions of time will be handled by Agency and Contractor pursuant to the provisions of Section 6‐4 of the Special Provisions. However, Contractor must comply with the written notice requirement, as well as timely report back‐up information, in strict compliance with the requirements of the provisions of Section 6‐4 of the Special Provisions; Contractor’s failure to submit these items within the times specified will constitute a waiver of the extension of time and payment for delay and will be ground for refusal by the Agency to consider such request.
5. LABOR CODE REQUIREMENTS
Pursuant to Labor Code Section 1771.1, the Contractor and all subcontractors shall be registered with the Department of Industrial Relations. Pursuant to Labor Code Section 1771.4, the Contractor is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor, and any subcontractor engaged by Contractor, must pay not less than the specified prevailing rate of per diem wages to all workers employed in the execution of the contract. (Labor Code § 1774.) Contractor is responsible for compliance with Labor Code section 1776 relative to the retention and inspection of payroll records.
Contractor must comply with all provisions of Labor Code section 1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for each worker employed in the execution of the Contract by Contractor or any subcontractor for each calendar day, or portion thereof, in which the worker is paid less than the prevailing rates. Contractor may also be liable to pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate.
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4 Project No. 5690
Contractor acknowledges and agrees to abide by the provisions of California Labor Code §§ 1720, et seq., as well as 1771, 1773, 1773.1, 1773.2, 1773.6, 1773.7, 1774, 1775 1776 and 1777, pertaining to the obligation to pay prevailing wages with respect to the performance of work (“Prevailing Wage Laws”). Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Contractor acknowledges that under California Labor Code sections 1810 et seq., eight hours of labor constitutes a legal day’s work. Contractor will forfeit as a penalty to City the sum of $25.00 for each worker employed in the execution of this Contract by Contractor or any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813.)
6. NON‐DISCRIMINATION
Contractor, its officers, agents, employees, and subcontractors may not discriminate in the employment of persons to perform the Work because of the race, religion, creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age of such person, except as may be permitted by California Government Code section 12940. Contractor is responsible for compliance with this section.
7. AUTHORIZED AGENCY REPRESENTATIVES
On behalf of the Agency, the City Engineer of the City of Hemet shall be the Agency’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. The City Engineer may delegate authority in connection with this Agreement to his/her assigned designees.
8. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s
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5 Project No. 5690
negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.
9. CLAYTON AND CARTWRIGHT ACT ASSIGNMENTS. In entering into this Contract or a contract with a subcontractor to supply goods, services, or materials pursuant to this Contract for the Project, Contractor and any or subcontractor is deemed to have offered and agreed to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the California Business and Professions Code), arising from purchases of goods, services, or materials for the Project. This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor, without further acknowledgement by the Parties.
10. INSURANCE
Contractor agrees to have and maintain in full force and effect during the term of this Agreement the insurance coverages listed in Exhibit “C” (“Insurance”), which is made a part of this Agreement.
Further, by signing below Contractor certifies that he/she/it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self‐insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work of this Agreement. Additionally, Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code, including requiring each subcontractor to execute the following certification:
“I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker’s compensation or to undertake self‐insurance in accordance with the
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6 Project No. 5690
provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement.”
11. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entire agreement between the Agency and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith.
12. PROJECT DOCUMENTATION
All data, drawings, maps, models, notes, books, documents, papers, daily reports, schedules, time and materials tickets, employee time sheets, accounting records and other evidence pertaining to costs incurred, photographs, reports, studies and other documents (collectively, “Project Documents”) prepared, developed or discovered by Contractor in the course of performing any of the Work under this Contract will become the sole property of City. Upon the expiration or termination of this Contract, Contractor must turn over all original Project Documents to City in its possession, but may retain copies of any of the Project Documents it may desire.
Contractor shall maintain the Project Documents and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement any documents not turned over to Agency for inspection by Agency.
13. FALSE CLAIMS
Contractor acknowledges that if a false claim is submitted to the Agency, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Agency seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
I have read and understood all of the provisions of this Section 13, above:
(Contractor Initials) (Contractor Initials)
14. INDEPENDENT CONTRACTOR
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7 Project No. 5690
Contractor is and will at all times remain as to City a wholly independent contractor and shall not be an employee, agent, partner or joint venture of the Agency. Agency shall have the right to control Contractor insofar as the results of Contractor’s services rendered pursuant to this Agreement; however, Agency shall not have the right to control the means by which Contractor accomplishes such services. Neither the City nor any of its officers, employees, or agents will have control over the conduct of Contractor or any of Contractor’s officers, employees, agents or subcontractors, except as expressly set forth in the Contract Documents. Contractor may not at any time or in any manner represent that it or any of its officers, employees, agents, or subcontractors are in any manner officers, employees, agents or subcontractors of City.
15. LICENSES AND PERMITS
Contractor must, at Contractor’s sole expense, obtain all necessary permits and licenses required for the Work, and give all necessary notices and pay all fees and taxes required by law, including, without limitation, any business license tax imposed by City. Contractor represents and declares to Agency that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. In performing the Work, Contractor must comply with all applicable statutes, laws and regulations, including, but not limited to, OSHA requirements and the Hemet Municipal Code.
16. GENERAL PROVISIONS
a) Authority to Execute. Each Party represents and warrants that all necessary action has been taken by such Party to authorize the undersigned to execute this Contract and to bind it to the performance of its obligations.
b) Assignment. Contractor may not assign this Contract without the prior written consent of City; which consent may be withheld in the City’s sole discretion since the experience and qualifications of Contractor were material considerations for this Contract. c) Binding Effect. This Agreement is binding upon the heirs, executors, administrators, successors and permitted assigns of the Parties. d) Integrated Contract. This Contract, including the Contract Documents, is the entire, complete, final and exclusive expression of the Parties with respect to the Work to be performed under this Contract and supersedes all other agreements or understandings, whether oral or written, between Contractor and City prior to the execution of this Contract. e) Modification of Contract. No amendment to or modification of this Contract will be valid unless made in writing and approved by Contractor and by the City Council or City Manager, as applicable. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver will be void.
f) Counterparts and Facsimile Signatures. This Contract may be executed in several counterparts, each of which will be deemed an original, and all of which, when taken together,
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8 Project No. 5690
constitute one and the same instrument. Amendments to this Contract will be considered executed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will have the same effect as an original signature. g) Waiver. Waiver by any Party of any term, condition, or covenant of this Contract will not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Contract will not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Contract. Acceptance by City of any Work performed by Contractor will not constitute a waiver of any of the provisions of this Contract.
h) Interpretation. This Contract will be interpreted, construed and governed according to the laws of the State of California. Each party has had the opportunity to review this Contract with legal counsel. The Contract will be construed simply, as a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or against either party. i) Severability. If any term, condition or covenant of this Contract is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Contract will not be affected and the Contract will be read and construed without the invalid, void or unenforceable provision. j) Venue. In the event of litigation between the Parties, venue in state trial courts will be in the County of Riverside. In the event of litigation in a U.S. District Court, venue will be in the Central District of California, in Riverside.
[Signature Page Follows]
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9 Project No. 5690
IN WITNESS WHEREOF this Agreement is executed as of the date first written above.
AGENCY:
City of Hemet
By:
Mark Prestwich, City Manager
CONTRACTOR:
Vance Corporation
By:
Name:
Its:
By:
Name:
Its:
ATTEST:
By:
John Maier, City Clerk
Contractor’s City Business License No.
APPROVED AS TO FORM:
By:
Steven Graham, City Attorney
State Contractor License No. & Class
DIR Registration No. & Exp
Street Address
City, State, Zip Code
[NOTE: In the event the Contractor is a Corporation, the signatures of two separate persons holding different offices must be provided.]
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EXHIBIT A
CONTRACT DOCUMENTS
1. City of Hemet Contractor Agreement
2. Change Orders issued by Agency, signed by Contractor and (if necessary) approved by City Council
3. Notice Inviting Bids, Instructions to Bidders, and Bidder’s Proposal and Information Required for Bid Submittal
4. Bid Schedule(s)
5. Addenda and/or Bulletins
6. Plans
7. Special Provisions (Specifications)
8. General Conditions
9. General Provisions Standard Specifications for Public Works Construction (“Greenbook”) 2018 edition as amended and supplemented
10. State Standard Specifications
11. State Standard Plans
12. Permits issued by jurisdictional regulatory agencies
13. Electric, gas, telephone, and cable television company specifications and standards
14. Notice of Award
15. Notice to Proceed
16. Certificate(s) of Required Insurance and Worker’s Compensation Insurance
17. Security for Payment (Labor & Materials) and Performance
18. Escrow Agreement for Security Deposits in Lieu of Retention If there is a conflict between any of the Contract Documents, the documents highest in precedence shall control. The order of precedence of the Contract Documents shall be as provided in Section 3‐
7.2 of the Special Provisions. Detail drawings shall take precedence over general drawings.
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EXHIBIT B
CONTRACT PRICE
Not to Exceed One Million Eight Hundred and Sixty‐Nine Thousand Five Hundred and Sixty‐Three Dollars and Eighty‐Nine Cents ($1,869,563.89)
The Contract Price for performing all Work described in the Contract Documents, including labor, materials, services and equipment is the total amount of all lump sum items and of all unit price sums, determined by multiplying the unit price for each item times the actual quantity of each such item, as determined by the Agency.
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EXHIBIT C
INSURANCE
1. General Requirements. Contractor must procure and maintain in full force and effect during the term of this Contract the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial General Liability $2,000,000 per occurrence/$4,000,000 general aggregate
Business Automobile Liability $2,000,000 combined single limit Workers’ Compensation/Employers $1,000,000 per accident or disease Liability
Surety Bonds As described below
Contractors’ Pollution Legal Liability $1,000,000 per occurrence/$2,000,000 general aggregate
If the contractor maintains higher limits than the minimums shown above, the City requires
and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specific minimum limits of insurance and coverage shall be available to the City.
2. Commercial General Liability Insurance. Coverage shall be at least as broad as Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. City and its officers, officials, employees, volunteers, and agents shall be included as additional insured. Coverage shall be primary as respects the City, and any insurance or self‐insurance maintained by the City shall not be required to contribute.
3. Business Auto Coverage. Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage. If Contractor or Contractor’s employees will use personal autos in any way on this Project, Contractor must provide evidence of hired and non‐owned auto liability coverage.
4. Workers’ Compensation. Insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
5. Surety Bonds. Contractor shall provide the following Surety Bonds: (1) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and
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the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one‐year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
6. Professional Liability. For professional services including design/build, with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
7. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. Contractor shall maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Contract.
8. Other Insurance. Contractor may be required to obtain such other insurance coverage as may be required by applicable law or by the City.
9. Excess or Umbrella Liability Insurance (Over Primary). If an excess or umbrella liability policy is used to meet limit requirements, the insurance must provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an excess or umbrella liability policy must include a “drop down provision” providing primary coverage above a maximum $25,000 self‐insured retention for liability not covered by primary but covered by the umbrella. Coverage must be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There must be no cross‐liability exclusion precluding coverage for claims or suits by one insured against another. Coverage must be applicable to City for injury to employees of Contractor, its subcontractors or others performing work to satisfy Contractor’s obligations under this Contract. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein.
10. Certificates of Insurance and Endorsements. Prior to commencing any Work under this Contract, Contractor must file with the Director Certificates of Insurance and Endorsements evidencing the existence of all insurance required by this Contract, along with such other evidence of insurance or copies of policies as may reasonably be required by City. Such Certificates of Insurance and Endorsements must be in a form approved by the City Attorney of City. Contractor must maintain current certificates and endorsements on file with City during the term of this Contract reflecting the existence of all required insurance. Each of the certificates must expressly provide that no material change in the policy, or termination thereof, will be effective except upon 30 days prior written notice to City. The City reserves the right to require complete, certified copies of the insurance certificates and endorsements.
11. Accessibility of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
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12. Waiver of Subrogation. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
13. Failure to Maintain Required Insurance. If Contractor, for any reason, fails to have in place at all times during the term of this Contract all of the required insurance coverage, the Director may obtain such coverage at Contractor’s expense and deduct the cost from the sums due Contractor.
14. Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
15. Effect of Coverage. The existence of the required insurance coverage under this Contract will not be deemed to satisfy or limit Contractor’s indemnity obligations under this Contract.
Contractor acknowledges that the insurance coverage and policy limits set forth in this Contract constitute the minimum coverage and policy limits required. Any insurance proceeds available to City in excess of the limits and coverage required by this Contract, and which is applicable to a given loss, must be made available to City to compensate it for such losses.
16. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
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PAYMENT BOND
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:
1.01 THAT WHEREAS, CITY OF HEMET (Owner) has awarded to Vance Corporation as Principal, dated the 10th day of April, 2024 (the Contract), titled the City of Hemet Citywide Pavement Rehabilitation ‐ CIP 5690 in the amount of $1,869,563.89, which Contract is by this reference made a part hereof, for the work of the following Contract:
Citywide Pavement Rehabilitation ‐ CIP 5690
1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;
1.03 NOW, THEREFORE, we, the undersigned Principal and
, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($1,869,563.89), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.
1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.
1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.
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1.07 Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.
1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.
IN WITNESS WHEREOF, we have hereunto set our hands this day of , 20___.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code
END OF DOCUMENT
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CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated April 10th, 2024 is in the amount
of $1,869,563.89 (Penal Sum), which is 100% of the Contract Sum and is entered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 14 attached to this page. Any singular reference to Vance Corporation (Contractor), (Surety), CITY OF HEMET (Owner), or other party shall be considered plural where applicable.
CONTRACTOR: SURETY:
Vance Corporation
Address Principal Place of Business
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: Citywide Pavement Rehabilitation ‐ CIP 5690, dated April 10 th,
2024, in the amount of $1,869,563.89.
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)
Signature: Signature:
Name: Name:
Title: Title:
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BOND TERMS AND CONDITIONS
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to Owner for the complete and proper performance of the Construction Contract, which is incorporated herein by reference.
2. If Contractor completely and properly performs all of its obligations under the Construction
Contract, Surety and Contractor shall have no obligation under this Bond.
3. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
3.1 Owner provides Surety with written notice that Owner has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and
3.2 Owner has agreed to pay the Balance of Contract Sum:
3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or
3.2.2 To a Contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract.
4. When Owner has satisfied the conditions of Paragraph 3 above, Surety shall promptly (within 40 Days) and at Surety’s expense elect to take one of the following actions:
4.1 Arrange for Contractor, with consent of Owner, to perform and complete the Construction Contract (but Owner may withhold consent, in which case the Surety must elect an option described in Paragraphs 4.2, 4.3 or 4.4 below); or
4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors or Construction entities; provided, that Surety may not select Contractor as its agent or independent contractor or Contractor without Owner’s consent; or
4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors or Construction entities acceptable to Owner for a contract for performance and completion of the Construction Contract and, upon determination by Owner of the lowest responsive and responsible Bidder, arrange for a contract to be prepared for execution by Owner and the contractor or Contractor selected with Owner’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6 below, exceed the Balance of Contract Sum, then Surety shall pay to Owner the amount of such excess; or
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4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor or Contractor, and with reasonable promptness under the circumstances and, after investigation and consultation with Owner, determine in good faith its monetary obligation to Owner under Paragraph 6 below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to Owner with full explanation of the payment’s calculation. If Owner accepts Surety’s tender under this Paragraph 4.4, Owner may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default, as agreed by Owner and Surety at the time of tender. If Owner disputes the amount of Surety’s tender under this Paragraph 4.4, Owner may exercise all remedies available to it at law to enforce Surety’s liability under Paragraphs 6 and 6.3 below.
5. At all times Owner shall be entitled to enforce any remedy available to Owner at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect Work, mitigate damages, advance critical Work to mitigate schedule delay, and coordinate Work with other consultants or contractors.
6. If Surety elects to act under Paragraphs 4.1, 4.2 or 4.3 above, within the time period provided in Paragraph 4, above, and complies with its obligations under this Bond, Surety’s obligations under this Bond are commensurate with Contractor’s Construction Contract obligations.
Surety’s obligations include, but are not limited to:
6.1 Contractor’s obligations to complete the Construction Contract and correct Defective Work;
6.2 Contractor’s obligations to pay liquidated damages; and
6.3 To the extent otherwise required of Contractor under the Construction Contract, Contractor’s obligations to pay additional legal, design professional, and other costs not included within liquidated damages resulting from Contractor Default (but excluding attorney’s fees incurred to enforce this Bond).
7. If Surety does not elect to act under Paragraphs 4.1, 4.2, 4.3, or 4.4, above, within the time period provided in Paragraph 4, above, or comply with its obligations under this Bond, then Surety shall be deemed to be in default on this Bond ten Days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond. Such Surety default shall be independent of the Contractor Default. To the extent Surety’s independent default causes Owner to suffer damages including, but not limited to, delay damages, which are different from, or in addition to (but not duplicative of) damages which Owner is entitled to receive under the Construction Contract, Surety shall also be liable for such damages. In the event any Surety obligation following its independent default is inconsistent or conflicts with California Civil Code Section 2809, or any other law which either prohibits, restricts, limits or modifies in any way any obligation of a surety which is larger in amount or in any other respect more burdensome than that of the principal, Surety hereby waives the provisions of such laws to that extent.
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8. If Surety elects to act under Paragraphs 4.1, 4.3 or 4.4 above, within the time period provided in Paragraph 4, above, and complies with all obligations under this Bond, Surety’s monetary obligation under this Bond is limited to the Penal Sum.
9. No right of action shall accrue on this Bond to any person or entity other than Owner or its successors or assigns.
10. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, design agreements, purchase orders and other obligations, including changes of time, and of any Owner action in accordance with Paragraph 5 above. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, Modification, deletion, or addition to the Contract Documents, or of the Work (including services) required thereunder, or any Owner action in accordance with Paragraph 5 above shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond, unless such action is an Owner Default.
11. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between Owner and Contractor regarding the Construction Contract, or in the Superior Court of the County of Riverside, California, or in a court of competent jurisdiction in the location in which the Work is located.
Communications from Owner to Surety under Paragraph 3.1 above shall be deemed to include the necessary agreements under Paragraph 3.2 above unless expressly stated otherwise.
12. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to Owner shall be mailed or delivered as provided in Section 1‐7.1.10 of the Special Provisions. Actual receipt of notice by Surety, Owner or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses.
13. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted here from and provisions conforming to such statutory requirement shall be deemed incorporated herein.
14. Definitions
14.1 Balance of Contract Sum: The total amount payable by Owner to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved Modifications to the Construction Contract.
14.2 Construction Contract: The agreement between Owner and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto.
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14.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, limited to “default” or any other condition allowing a termination for cause as provided in Section 6‐7.3 of the Special Provisions).
14.4 Owner Default: Material failure of Owner, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract.
END OF DOCUMENT
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 23 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, Authorizing the City Manager to Accept the FY2425 CalRecycle Local Government Waste Tire Cleanup Grant in the Amount of $69,000 and Authorizing the Administrative Services Director to Increase Estimated Revenues by $69,000 to Appropriate Funds for Illegal Tire Dump Cleanup
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Accept the FY2425 CalRecycle Local Government Waste Tire Cleanup Grant in the approximate amount of $69,000 and Authorizing the Administrative Services Director to Increase Estimated Revenues by $69,000 to Appropriate Funds for Illegal Tire Dump Cleanup.
BACKGROUND:
The Department of Resources Recycling and Recovery (CalRecycle) offers the Local Government Waste Tire Cleanup Grant Program pursuant to Section 42889(b)(5) of the Public Resources Code.
The purpose of the Grant is to pay for the cost of cleanup, abatement, or other remedial actions related to the disposal of illegally dumped California waste tires.
ANALYSIS:
Over the last few years the City of Hemet has seen an increase in the number and size of illegal dumps. We have identified a problem area due to its remoteness. APN Parcels #454-090-003, #454- 060-034, 454-060-014, 454-060-010 and #454-060-013 have an excessive amount of illegally dumped trash, predominately tires.
The areas cover a residential area and is adjacent to Diamond Valley Lake which is one California's largest water reservoirs. The sites include tires strewn on the roads sides of Natalie Joy and A St and a single family residence. The property owners have been victims of illegal dumping on these
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undeveloped parcels. As cleaning and dump fees increase citizens are finding it more difficult to pay for the legal removal of trash and tires.
DISCUSSION:
As a result, Code Enforcement has fielded many complaints of illegal dumping but most recently has experienced a huge increase in illegally dumped tires. The cost of disposing of unwanted used tires has gone up. These tires are only accepted in certified landfill that are designated for hazardous waste.
Due to these restrictions in disposing of used tires, tire haulers, and clean-up contractors have found it easier and a cost savings to discard their unwanted tires on vacant lots that are isolated from the general public.
With grant funding the City will contract with our local trash collection service, CR&R and the Local Conservation Corp for the clean-up, transportation and legal disposal of the tires at a certified landfill.
PREVIOUS COUNCIL ACTION:
None
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
GOAL 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:
There is no impact to the City of Hemet General Fund for this Grant as it is 100% funded by CalRecycle.
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ATTACHMENT(S):
Attachment 1 - Resolution
Attachment 2 - Signed Application Certification
Attachment 3 - Cost Estimate Letter - CR&R
Attachment 4 - Labor Cost - SoCal Mountains Foundation
Attachment 5 - Letter of Support - SoCal Mountains Foundation Attachment 6 - APN #454-090-003
Attachment 7 - APN #454-060-014
Attachment 8 - APN #454-060-013
Attachment 9 - APN #454-060-010
Attachment 10 - APN #454-060-034
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY OF HEMET AUTHORIZING
SUBMITTAL OF AN INDIVIDUAL GRANT APPLICATION
FOR LOCAL GOVERNMENT WASTE TIRE CLEANUP
GRANT PROGRAM.
WHEREAS, the California Public Resources Code authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various Grant Programs; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the Grant Programs; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle Grants.
NOW, THEREFORE, BE IT RESOLVED that City of Hemet is authorized to submit an application to CalRecycle for Local Government Waste Tire Cleanup Grant Program.
BE IT FURTHER RESOLVED that the City Manager, or their designee, are hereby authorized as Signature Authority to execute in the name of the City of Hemet all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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BE IT FURTHER RESOLVED that these authorizations are effective for five years from the date of adoption.
ADOPTION DATE - This Resolution shall become effective on April 23, 2024.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of APRIL, 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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0alfiecycta} Grants Management System (GMS)
Application Ceftification
Applicant: City nf Hemet
Cycle Name: Local Gov't Waste Tire Cleanup Grant
Cycle Code: TCU20
Grant lD: 28568
Grant Funds Requested: $69,000.00
Matching Funds: $0.00 (if applicable)
Application Due Date
Secondary Due Date:
04t09t2024
a5rc712024
Name
Laura Axcell
Eddie Sell
Kimberly Reeder
Title
Battalion Chief
Fire Chief
Managemeñt Analyst
Prime Second Auth Cnslt
X
X
Prtcpnt.
Auth
X
Contract
Equipment
Materials
Personnel
$42,000.00
$0.00
$2,000.00
$25,000.00
ltåmF
APN Parcel #454-090-003
APN Pareel #454-060-034
APN Parcel #454-060-013
APN Parcel #454-060-014
APN Parcel #454-060-010
Epe
Other
Other
Other
Road
Residential
Application CertifÍcatlon
Budget
Priority Ranking Criteria Checklist
Rewt¡t qy Ss¡erdgqr 6t¡o Eds
Resol ution - Lead, Participanl
TCU Budget
TCU Priority Ranking Checklist
4t9t2024
4t9t2ø24
. .. l. .: .
. r :' -
https;//secure.calrecycle.ca.gov/Grants/Grant/Grant.aspx?GrantlD=28568 Date Generated: April 9, 2024 3:16 PM Page 1 of2
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Other Supporting Document(s)
CalEnviroScreen Map
Draft Resolution
Joint Powers Agreement
Letter From LCC
Letter of Authorization/Resolution
Letter of Designation
Photographs
Resolutlon
Check the following, as applicable. See Application Guidelines and lnstructions for more information and examples.
X Applicant acknowledges that its approved Resolution must be uploaded no later than the secondary due date. Applicant further acknowledges that if its Resolution is received after this date, its application will be disqualified.
EPPP
Does your organization and any participants have an Environmentally Preferable Purchasing and Practices (EPPP) ?olicy? X No, our organization and any participants do not have an EPPP Policy. We acknowledge that our organization and any participants will adopt one by the respective cycle secondary due date or our application will be disqualified.
Conditions and Csrt¡ficat¡on
Condition of Application Submittal: Acceptance of Grant Agreement Provisions ln the event the Applicant is awarded a grant, the submittal of this Application const¡tutes acceptance of all provisions contained in the Grant Agreement, which may consist of the following:
. Executed Grant Agreement Cover Sheet and any approved amendments . Exhibit A - Terms and Conditions
. Exhibit B - Procedures and Requirements
. Exhibit C - Application with revisions, if any, and any amendments Environmental Justice:
ln the event Applicant is awarded a grant, submittal of this Application constitutes acceptance of the following; that in the performance of the Grant Agreement, Applicant/Grantee shall conduct their programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the State. (see Govt. Code $65040.12(e) and Pub. Resources Code 971 110(a)) Certification:
I declare under penalty of perjury under the laws of the State of California, that funds have þeen allocated for the project(s)/activities identified in the grant application and that sufficient funds are availaþle to complete the project(s)/activities identified in the grant application, that I have read the Application Guidelines and lnstructions and that all information submitted for CalRecycle's consideration for award of grant funds is true and correct to the best of my knowledge, and that on behalf of the Applicant I accept the Appl ication Certification
above conditions of submittal.
^ ,4+1
Signutw'e o/'Signulure -4u¡horilv (us' authorizetl in Resolution or Letler oJ' CottttnitntettÍ) ot'Atuhot'i:ed Designee (as authorized in Letter oJ'Desigrttttion sul, nú Í te(l n'i I h thi s,lpp I í t'a ti o n )
[Vt.x-rzt<'T ?¿ 6.s:¿ Òk¡+
I f u/"*r
Date
(ttr Nl*ux¿t-r¿
Print Name Print Title
IMPORTANT! Applicant must print out this document, have the Signature Authority sign it, upload signed document to the application system, and retain the original hard copy document in your cycle file. https://secure.calrecycle.ca.gov/Grants/Grant/Grant.aspx?GrantlD=28568 Date Generated: April 9, 2024 3:16 PM Page 2 of 2
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April 9, 2024.
Southern California
Mountains Foundation
Urban Conservation Corps of
the Inland Empire
Grant/Client: City of Hemet
Project: Starting date: Open
End date: Open
Personnel
10 Corpsmember for 8.00 hours per day for 1 day
40 hours x ($ 46.58, hourly rate per CM)
Total Personnel ($3,726.40 per day) X 5 days ($18,632) for one week.
Grant Funds Total (One full week)
Total Direct Costs ($ 18,632)
Indirect rate at 22.48% ($ 4,099.04)
Grant Grand Total ($ 22,731.04)
Notes:
1) Monday to Friday schedule.
2)Trained personnel in tire collection and removal (ability to lift 50 lbs) 3) Other duties as assigned by management and our partner.
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April11,2024
CalRecycleLocalGovernmentGrantProgram
ToWhomItMayConcern:
I amwritingonbehalfoftheSouthernCaliforniaMountainsFoundation’sUrbanConservationCorps(SCMFUCC),acertifiedlocalconservationcorps,toexpressourenthusiasticsupport fortheCityofHemet’sapplicationforwastetirecollectionandrecycling.Asanorganizationdedicatedtoenvironmentalstewardshipandcommunitydevelopment,weunderstandthesignificanceofinitiativesthatpromotewastereduction,recycling,andsustainablepracticeswithinourlocalcommunities.
TheCityofHemet’sproposalalignscloselywithourmissionandgoals.Byprovidingfundingandresourcestolocalgovernments,thisprogramplaysavitalroleinadvancingprojectsandinitiativesthataddresskeyenvironmentalchallenges.Theseinitiativesnotonlycontributetothereductionofwaste,butalsofosteracultureofenvironmentalresponsibilityandsustainability.
SCMF’sUCChasaproventrackrecordofpartneringwithlocalgovernmentsandotherstakeholderstoimplementimpactfulprojectsthatbenefitboththeenvironmentandthecommunity. WebelievethattheCalRecycleWasteTireprogrampresentsanexcellentopportunitytofurthercollaborateandleverageourcollectiveexpertiseandresourcestoprovideneededtirerecyclingandclean-upintheCityofHemet.
Furthermore,wearecommittedtoactivelypartneringwiththeCityofHemettoimplementtheirwastetirerecyclingandamnestyevents.ThesefundswillnotonlyhelptheCityprovideneededclean-upprojects,butalsosupport localworkforcedevelopmentinitiativesbyinvolvingConservationCorpsmemberstoassistwithcommunityclean-upeventsandremoval. Ourteambringsawealthofexperience,technicalknowledge,andadeepunderstandingoflocalcontextstoassistintirerecycling,communityengagementandclean-upprojectexecution.
Inconclusion,weurgeyoutoconsidertheCityofHemetasavaluablepartnerinthesuccessfulexecutionoftheCalRecycleGrant. 1355W. 26thStreet, SanBernardino, CA92405• Office(909) 890-0400• www.mountainsfoundation.org
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Thank you for your attention to this matter. Should you require any additional information or support, please do not hesitate to contact us.
Sincerely,
Stacy Gorin
Executive O
ffi
cer
[email protected]
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APN #454-090-003
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APN #454-060-014
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APN #454-060-013
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APN #454-060-010
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APN #454-060-03
4
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 23 2024
Department: City Council
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 Sixth Amendment in the amount of $25,000 to the Agreement for Services between the City of Hemet and Ace Weed Abatement for a Total Contract Amount Not to Exceed $83,300 per City Fiscal Year and Authorizing the City Manager to Execute the Agreement
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
A Resolution of the City Council of the City of Hemet, California, Approving the Sixth Amendment in the amount of $25,000 to the Agreement for Services between the City of Hemet and Ace Weed Abatement for a Total Contract Amount Not to Exceed $83,300 per City Fiscal Year and Authorizing the City Manager to Execute the Agreement.
BACKGROUND:
Each summer, the spring growth caused by winter rains on undeveloped land within the city limits begins to dry out and become a fire hazard to the surrounding homes. In an effort to reduce the danger to lives and property, the City developed a weed abatement program.
Weed abatement procedures are governed by the provisions of California Government Code Sections 39560 et seq., in accordance with provisions of Sections 30-31 of the Hemet Municipal Code and Section 1103.2 of the Uniform Fire Code in order to mitigate fire hazards associated with combustible weeds, rubbish, and refuse.
If land owners do not comply with the City's notice to clear their lands of weeds, rubbish, and refuse within a pre-determined period of time, the land is cleared by a City approved contractor and the costs of the mitigation are charged to the land owner.
As a result of this program, the City of Hemet Fire Department has experienced a significant decrease in the number of fires related to weeds, rubbish, and refuse.
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ANALYSIS:
The contract that the City entered into with Ace Weed Abatement has provided the ability to address hazards related to weeds, rubbish, and refuse on an annual basis. Its success resulted in the first amendment to the contract which provided an option to extend the term of the contract through two (2) one (1) year options until June 30, 2025.
DISCUSSION:
The current contract limit with Ace Weed Abatement is an amount not to exceed $58,300 and needs to be increased by an additional $25,000 to an updated amount of $83,300 to provide annual anticipated weed abatement services.
PREVIOUS COUNCIL ACTION:
On September 21, 2020 (“Agreement”), pursuant to which the Contractor was to provide weed abatement services to the City, for a one-year period, for a total sum not to exceed forty-two thousand three hundred dollars ($42,300).
On November 17, 2021, the parties executed a First Amendment to Weed Abatement Services (“First Amendment”) that extended the term until June 30, 2023, with two (2) one (1) year options to extend.
On December 20, 2021, the parties executed a Second Amendment to Weed Abatement Services (“Second Amendment”) wherein they increased the total compensation, including reimbursement for actual and reasonable expenses, to an amount not to exceed fifty thousand dollars ($50,000).
On February 28, 2022, the parties executed a Third Amendment to Weed Abatement Services (“Third Amendment”) wherein they increased the total compensation, including reimbursement for actual and reasonable expenses, to an amount not exceed forty-two thousand three hundred dollars ($42,300), annually.
On May 8, 2023, the parties executed a Fourth Amendment to Weed Abatement Services (“Fourth Amendment”) wherein they exercised the first of two (2) one (1) year options to extend the term through June 30, 2024.
On November 14, 2023, the parties executed a Fifth Amendment to Weed Abatement Services (“Fifth Amendment”) wherein they increased the total not to exceed amount to Fifty-Eight Thousand Three Hundred Dollars ($58,300) per City Fiscal year.
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.
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FISCAL IMPACT:
To adopt a Resolution approving the Sixth Amendment in the amount of $25,000 to the Agreement for Services between the City of Hemet and Ace Weed Abatement for a total contract amount no-to- exceed $83,300 and would entail a supplemental appropriation increase in the amount of $25,000 per City Fiscal Year in account number 110-3225-2400 which was requested separately within the FY2324 Mid-Year Budget Update Staff Report on February 27, 2024.
ATTACHMENT(S):
Attachment 1: Ace Weed Abatement - Resolution
Attachment 2: Ace Weed Abatement - Sixth Amendment
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING THE SIXTH
AMENDMENT TO THE AGREEMENT FOR SERVICES
BETWEEN THE CITY OF HEMET AND ACE WEED
ABATEMENT INC., CHANGING THE ORIGINAL
CONTRACT PRICING FOR THE TERM OF THE
AGREEMENT FROM $58,300 FOR THE DURATION OF
THE CONTRACT TO $83,300 ANNUALLY AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SIXTH AMENDMENT TO THE AGREEMENT WITH ACE
WEED ABATEMENT INC.
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City of Hemet and Ace Weed Abatement entered into an Agreement on September 21, 2020 to provide weed abatement services; WHEREAS, the City Council approved the First Amendment, dated November 17, 2021 that extended the term until June 30, 2023, with two (2) one (1) year options to extend; and
WHEREAS, the City Council approved the Second Amendment, dated December 20, 2021 to a not to exceed amount of $50,000; and WHEREAS, the City Council approved the Third Amendment, dated February 28, 2022 to a not to exceed amount of $42,300 annually; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the City Council approved the Fourth Amendment, dated May 8, 2023 wherein they exercised the first of two (2) one (1) year options to extend the term through June 30, 2024; and
WHEREAS, the City Council approved the Fifth Amendment, dated November 14, 2023 wherein they increased the total not to exceed amount to Fifty-Eight Thousand Three Hundred Dollars ($58,300) per City Fiscal year.
WHEREAS, the City of Hemet desires to amend the Agreement to exercise the second of two (2) one (1) year options to extend the term and to increase the total not to exceed amount to Eighty-Three Thousand Three Hundred Dollars ($83,300) per City fiscal year.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.FINDINGS - 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 Sixth Amendment contract increase in the amount of $25,000 to provide weed abatement services.
SECTION 3.ORDERS - Approving the Sixth Amendment in the amount of $25,000 to the Agreement for Services between the City of Hemet and Ace Weed Abatement for a Total Contract Amount Not to Exceed $83,300.
SECTION 4.EFFECTIVE DATE - This Resolution shall become effective on April 23, 2024.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of April, 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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00091753.1
SIXTH AMENDMENT TO
AGREEMENT
BY AND BETWEEN
THE CITY OF HEMET
A CALIFORNIA MUNICIPAL CORPORATION
AND
ACE WEED ABATEMENT, INC.
A CALIFORNIA CORPORATION
DATED: APRIL 23, 2024
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00091753.1 Page | 1
SIXTH AMENDMENT TO AGREEMENT
This Sixth Amendment to the Weed Abatement Services for Weed Abatement is made and entered into as of this 24th day of April, 2024, by and between the City of Hemet (“City”), a California municipal corporation and Ace Weed Abatement, Inc., 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 Contractor entered in an agreement for Weed Abatement Services on September 21, 2020 (“Agreement”), pursuant to which the Contractor was to provide weed abatement services to the City, for a one-year period, for a total sum not to exceed forty- two thousand three hundred dollars ($42,300).
B. On November 17, 2021, the parties executed a First Amendment to Weed Abatement Services (“First Amendment”) that extended the term until June 30, 2023, with two (2) one (1) year options to extend.
C. On December 20, 2021, the parties executed a Second Amendment to Weed Abatement Services (“Second Amendment”) wherein they increased the total compensation, including reimbursement for actual and reasonable expenses, to an amount not to exceed fifty thousand dollars ($50,000).
D. On February 28, 2022, the parties executed a Third Amendment to Weed Abatement Services (“Third Amendment”) wherein they increased the total compensation, including reimbursement for actual and reasonable expenses, to an amount not exceed forty-two thousand three hundred dollars ($42,300), annually.
E. On May 8, 2023, the parties executed a Fourth Amendment to Weed Abatement Services (“Fourth Amendment”) wherein they exercised the first of two (2) one (1) year options to extend the term through June 30, 2024.
F. On November 14, 2023, the parties executed a Fifth Amendment to Weed Abatement Services (“Fifth Amendment”) wherein they increased the total not to exceed amount to Fifty-Eight Thousand Three Hundred Dollars ($58,300) per City Fiscal year.
E. The parties now desire to amend the Agreement to exercise the second of two (2) one (1) year options to extend the term and to increase the total not to exceed amount to Eighty- Three Thousand Three Hundred Dollars ($83,300.00) per City fiscal year.
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00091753.1 Page | 2
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Sixth Amendment which modifies and amends the Agreement as follows:
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 Eighty-Three Thousand Three Hundred Dollars ($83,300.00) per City Fiscal year.
1.2 [TERM OF AGREEMENT]. Section 1 of the Agreement is hereby amended as follows:
Subject to the provisions of Section 20 “Termination of Agreement” of this Agreement, the Term of this Agreement is through June 30, 2025.
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 Sixth Amendment, the Agreement remains in full force and effect and binding upon the Parties.
4.INTEGRATION. This Sixth Amendment consists of pages 1 through 4, 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 Sixth Amendment.
5.SEVERABILITY. If any portion of this Sixth Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
17.A
00091753.1 Page | 3
6.EFFECTIVE DATE. This Sixth 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 Sixth Amendment.
8.REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Sixth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Sixth Amendment.
[SIGNATURE PAGE FOLLOWS]
17.A
00091753.1 Page | 4
IN WITNESS WHEREOF, the Parties hereto have executed this Sixth 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:
17.A
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 23 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, Declaring a Hazardous Condition Pursuant to Government Code Sections 39560 et seq. Relating to Weeds, Rubbish, and Refuse Upon Parkways or Private Property within the City of Hemet
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, declaring a hazardous condition pursuant to Government Code Section 39560 Et Seq. relating to weeds, rubbish, and refuse upon parkways or private property within the City; and Set a Public Hearing on May 28, 2024, for objections to the proposed weed abatement.
BACKGROUND:
Each year, the winter rains cause weeds to grow in parkways and private properties within the City of Hemet. If left unattended, the weeds grow and dry out during the warm summer months, and result in a fire hazard to nearby structures.
Additionally, vacant lots and other areas tend to attract rubbish and refuse over the course of the year through illegal dumping or homeless encampments. These items provide fuel to fires that can threaten nearby structures.
The attached Resolution establishes a weed abatement procedure outlined in Government Code sections 39501 and 39502 and section 39560 et seq. This Resolution requires the Council to declare weeds as a public nuisance on known properties, offer notice to property owners, and establish an opportunity to be heard about why said weeds should not be abated.
ANALYSIS:
17.B
In 2019, the Fire Department instituted a weed abatement program to reduce grass and rubbish fires occurring in parkways and private properties within the City limits. All affected property owners were notified and given an opportunity to abate the hazard themselves within a specified time frame. After the time frame passed, a contracted company would inspect the property and abate the hazard if it still existed. The cost of this abatement would be passed on to the property owner with an additional administrative fee.
The number of fires in vacant lots between 2018 and 2019 dropped dramatically, and thus the weed abatement program became an annual action to mitigate the damage from weed, rubbish, and refuse fires.
DISCUSSION:
Once approved by the City Council, letters will be sent to property owners allowing approximately 30 days to comply with abatement requirements. Property owners who fail to comply will have their property abated by the City of Hemet contractors and billed by the City for services rendered. The first phase of abatements should be completed within 90 days of Council approval.
Abatement Timeline
April 2024 Weed Abatement Letters sent to property owners May 28, 2024 Public Hearing on Weed Abatement
June 1, 2024 Deadline for abatement by property owners
June 2024 Inspections and weed abatement through a City contract July 1, 2024 First phase abatements completed
This year's weed abatement deadline has been moved up by 30 days which will reduce the probability of catastrophic fire and allow the City to initiate a second abatement process in late summer should it be necessary.
PREVIOUS COUNCIL ACTION:
The City Council has approved the weed abatement Resolution each year since 2019.
STRATEGIC PLAN INTEGRATION:
GOAL ONE: QUALITY OF LIFE:
To ensure that Hemet is safe, clean, attractive and comfortable for all who live, work, and visit.
Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
Objective 2: Explore and implement homelessness solutions for the City of Hemet.
Objective 3: Increase Public Safety visibility and response.
GOAL THREE: COMMUNITY ENGAGEMENT
To connect and participate in a constant dialogue between members of the community, City staff, and elected officials to promote togetherness and positivity.
Objective 1: Deliver messaging to the Community that connects, is consistent, and relevant.
Objective 2: Increase transparency for the public.
Objective 3: Increase the community's pride within the City.
17.B
GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.
Objective 1: Operate in a financially sustainable manner.
Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
Objective 3: Provide Council with policies that are consistent while lessening liabilities.
Objective 4: Increase employee retention by training and creating a positive workplace.
Objective 5: Streamline fire prevention coordination efforts.
FISCAL IMPACT:
There is no General Fund impact related to this item.
ALTERNATIVE(S):
None
ATTACHMENT(S):
Attachment 1 - 2024 Weed Abatement Resolution
Attachment 2 - Exhibit A Weed Abatement
Attachment 3 - Weed Abatement PowerPoint 2024
17.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, DECLARING A HAZARDOUS
CONDITION PURSUANT TO GOVERNMENT CODE
SECTIONS 39560 ET SEQ. RELATING TO WEEDS,
RUBBISH AND REFUSE UPON PARKWAYS OR
PRIVATE PROPERTY WITHIN THE CITY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, the City Council or the City of Hemet has the power and authority pursuant to the provisions of California Government Code Section 39560 et seq. to declare weeds and rubbish and/or refuse growing on parkways or private property a hazardous condition and to abate such hazard as part of the fire prevention activities; and
WHEREAS, it is in the interest of the health, safety and public welfare of the residents of the City of Hemet that the City Council review and determine whether weeds, rubbish and/ or refuse growing on parkways or private property within the City of Hemet constitutes a hazardous condition if it does not abate that condition; and WHEREAS, the City of Hemet has conducted a review of properties located within its boundaries and has determined that weeds, rubbish and/ or refuse exists on
17.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
those properties identified in Exhibit `A" hereto, constituting a fire hazard which must be abated under the provisions of California Government Code Section 39560 et seq.; and in accord with the provision of Sections 3031 of the Hemet Municipal Code and Section 1103. 2 of the Uniform Fire Code
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.
(a) All weeds growing upon the parkways or private property in the City constitute a seasonal and recurrent hazardous condition which must be abated under the provisions of California Government Code Sections 39560 et seq.; and (b) All rubbish and refuse upon parkways or private property in the City constitute a hazardous condition which must be abated under the provisions of California Government Code Sections 39560 et seq.; and
(c) Property located on the streets identified in “Exhibit A” hereto and identified by APN according to the official assessment map have been determined to have weeds, rubbish and/ or refuse upon them which must be abated under the provisions of California Government Code Section 39501, 39502 and 39560 et seq. and in accord with the provisions of Sections 30-31 of the Hemet Municipal Code and Section 1103-2 of the Uniform Fire Code which has been adopted by the City of Hemet pursuant to Sections 14-151 et seq. of the Hemet Municipal Code; and
17.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
(d) In the event that any property owner fails to abate each and every hazard described in this Resolution in accordance with the notice attached as “Exhibit B", the City' s designated officer is ordered to remove such hazard and cause the cost therefore, plus an administrative charge, to be levied against the affected property as a special assessment lien.
SECTION 2.The City Clerk is hereby ordered to give notice to affected property owners of the City’s intention to abate the hazards identified in this Resolution pursuant to the provisions of California Government code Section 39501, 39502 and 39560 et seq. and setting a public meeting at which time any objections to the proposed removal of weeds, rubbish and/or refuse shall be heard and considered by the City Council at its regularly scheduled meeting on May 28, 2024.
PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.B
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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 23rd day of APRIL, 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
17.B
APN Land type Acres
438-060-049 Vacant Land (nec) 0.55
438-060-050 Vacant Land (nec) 3.2
438-070-001 Vacant Land (nec) 17.65
438-080-005 Vacant Land (nec) 1.03
438-080-006 Vacant Land (nec) 0.94
438-101-001 Vacant Land (nec) 0.26
438-161-007 Vacant Land (nec) 4.77
438-161-008 Vacant Land (nec) 0.12
438-162-003 Vacant Land (nec) 0.42
438-162-005 Vacant Land (nec) 0.07
438-181-002 Vacant Land (nec) 0.22
438-181-008 Vacant Land (nec) 0.01
439-040-012 Vacant Land (nec) 0.11
439-050-047 Vacant Land (nec) 0.16
439-080-004 Vacant Land (nec) 1.82
439-221-002 Vacant Land (nec) 0.67
439-262-064 Vacant Land (nec) 0.48
442-053-019 Vacant Land (nec) 0.2
442-061-023 Vacant Land (nec) 1.33
442-075-016 Vacant Land (nec) 0.65
442-082-007 Vacant Land (nec) 0.1
442-082-009 Vacant Land (nec) 0.01
442-132-008 Vacant Land (nec) 0.2
442-151-011 Vacant Land (nec) 1.12
442-152-004 Vacant Land (nec) 0.21
442-171-001 Vacant Land (nec) 0.72
442-201-013 Vacant Land (nec) 2.13
442-214-002 Vacant Land (nec) 0.02
442-227-015 Vacant Land (nec) 3.65
443-050-026 Vacant Land (nec) 0.41
443-090-005 Vacant Land (nec) 0.21
443-171-036 Vacant Land (nec) 0.15
443-181-001 Vacant Land (nec) 0.17
443-181-008 Vacant Land (nec) 0.07
443-221-002 Vacant Land (nec) 0.17
443-222-015 Vacant Land (nec) 0.92
443-235-005 Vacant Land (nec) 0.31
443-294-010 Vacant Land (nec) 0.06
443-313-016 Vacant Land (nec) 0.05
443-321-010 Vacant Land (nec) 0.16
444-030-008 Vacant Land (nec) 9.54
444-030-009 Vacant Land (nec) 9.77
444-120-001 Vacant Land (nec) 0.17
444-154-026 Vacant Land (nec) 0.99
444-170-021 Vacant Land (nec) 0.43
17.B
444-261-011 Vacant Land (nec) 0.08
444-261-012 Vacant Land (nec) 0.08
444-272-022 Vacant Land (nec) 0.96
444-280-066 Vacant Land (nec) 2.66
444-340-003 Vacant Land (nec) 2.39
444-350-053 Vacant Land (nec) 1.07
444-360-053 Vacant Land (nec) 0.95
444-360-054 Vacant Land (nec) 0.95
444-360-057 Vacant Land (nec) 0.95
444-360-060 Vacant Land (nec) 0.87
444-360-061 Vacant Land (nec) 0.87
444-360-062 Vacant Land (nec) 0.87
444-360-063 Vacant Land (nec) 0.87
444-360-064 Vacant Land (nec) 0.87
444-360-065 Vacant Land (nec) 0.87
445-030-010 Vacant Land (nec)
445-060-014 Vacant Land (nec) 0.11
445-111-018 Vacant Land (nec) 0.14
445-112-009 Vacant Land (nec) 0.19
445-122-026 Vacant Land (nec) 0.35
445-122-027 Vacant Land (nec) 0.48
445-122-031 Vacant Land (nec) 0.13
445-162-021 Vacant Land (nec) 0.03
445-191-020 Vacant Land (nec) 0.05
445-191-052 Vacant Land (nec) 0.01
445-192-005 Vacant Land (nec) 0.19
445-232-018 Vacant Land (nec) 0.74
445-232-019 Vacant Land (nec) 1.48
445-270-021 Vacant Land (nec) 0.18
445-270-049 Vacant Land (nec) 0.29
445-270-050 Vacant Land (nec) 0.28
445-270-051 Vacant Land (nec) 0.28
445-270-053 Vacant Land (nec) 0.32
445-280-036 Vacant Land (nec) 0.02
446-042-021 Vacant Land (nec) 0.15
446-044-020 Vacant Land (nec) 0
446-061-003 Vacant Land (nec) 0.07
446-064-017 Vacant Land (nec) 0.15
446-073-001 Vacant Land (nec) 0.28
446-073-002 Vacant Land (nec) 0.19
446-082-003 Vacant Land (nec) 0.18
446-083-018 Vacant Land (nec) 0.16
446-091-004 Vacant Land (nec) 0.21
446-091-028 Vacant Land (nec) 0.03
446-101-002 Vacant Land (nec) 0.23
446-101-003 Vacant Land (nec) 0.38
446-131-034 Vacant Land (nec) 1.61
17.B
446-153-020 Vacant Land (nec) 0.2
446-172-067 Vacant Land (nec) 0.02
446-172-072 Vacant Land (nec) 0.06
446-181-027 Vacant Land (nec) 0.93
446-252-025 Vacant Land (nec) 0.02
446-300-001 Vacant Land (nec) 3.82
446-300-002 Vacant Land (nec) 0.7
446-300-003 Vacant Land (nec) 4.51
446-300-008 Vacant Land (nec) 4.28
447-160-048 Vacant Land (nec) 1.32
447-160-063 Vacant Land (nec) 0.3
447-160-066 Vacant Land (nec) 0.5
447-160-067 Vacant Land (nec) 0.33
447-193-038 Vacant Land (nec) 0.01
447-321-055 Vacant Land (nec) 0.01
447-331-008 Vacant Land (nec) 0.32
448-120-004 Vacant Land (nec) 9.66
448-120-010 Vacant Land (nec) 12.29
448-120-011 Vacant Land (nec) 12.24
448-231-017 Vacant Land (nec) 1.68
448-400-007 Vacant Land (nec) 0.09
448-400-008 Vacant Land (nec) 0.09
448-400-009 Vacant Land (nec) 0.09
448-400-018 Vacant Land (nec) 0.09
448-400-019 Vacant Land (nec) 0.1
448-400-020 Vacant Land (nec) 0.15
448-400-054 Vacant Land (nec) 0.09
448-400-061 Vacant Land (nec) 0.09
451-050-089 Vacant Land (nec) 1.83
451-121-059 Vacant Land (nec) 1.35
451-150-027 Vacant Land (nec) 7.89
451-170-021 Vacant Land (nec) 0.5
451-200-018 Vacant Land (nec) 0.27
451-360-040 Vacant Land (nec) 0.52
451-370-045 Vacant Land (nec) 0.38
451-370-046 Vacant Land (nec) 0.25
454-060-014 Vacant Land (nec) 24.47
454-060-015 Vacant Land (nec) 23.18
454-070-024 Vacant Land (nec) 36.53
454-080-039 Vacant Land (nec) 1.52
454-080-046 Vacant Land (nec) 0.05
454-100-018 Vacant Land (nec) 51.21
454-170-011 Vacant Land (nec) 87.63
454-170-013 Vacant Land (nec) 10.17
454-180-005 Vacant Land (nec) 90.05
454-180-012 Vacant Land (nec) 123.23
454-362-022 Vacant Land (nec) 0.07
17.B
454-373-020 Vacant Land (nec) 0.07
454-400-010 Vacant Land (nec) 5.1
454-410-025 Vacant Land (nec) 0.9
454-410-026 Vacant Land (nec) 0.07
454-410-027 Vacant Land (nec) 0.01
454-410-028 Vacant Land (nec) 0.06
454-420-023 Vacant Land (nec) 0.35
454-430-011 Vacant Land (nec) 0.21
454-430-012 Vacant Land (nec) 0.03
454-430-017 Vacant Land (nec) 0.11
454-431-007 Vacant Land (nec) 0.05
454-440-016 Vacant Land (nec) 0.02
454-441-006 Vacant Land (nec) 0.04
454-450-017 Vacant Land (nec) 0.71
454-451-016 Vacant Land (nec) 0.18
454-460-020 Vacant Land (nec) 0.01
454-460-021 Vacant Land (nec) 0.05
454-461-026 Vacant Land (nec) 0.31
454-471-019 Vacant Land (nec) 0.85
454-480-008 Vacant Land (nec) 0.04
454-482-016 Vacant Land (nec) 0.1
454-490-006 Vacant Land (nec) 0.1
454-490-010 Vacant Land (nec) 0.12
454-490-011 Vacant Land (nec) 0.09
454-491-021 Vacant Land (nec) 0.67
454-500-003 Vacant Land (nec) 0.04
454-501-020 Vacant Land (nec) 0.87
454-502-009 Vacant Land (nec) 0.07
454-511-009 Vacant Land (nec) 0.16
454-512-027 Vacant Land (nec) 0.63
454-520-010 Vacant Land (nec) 0.12
454-521-015 Vacant Land (nec) 0.04
454-522-021 Vacant Land (nec) 0.08
454-550-014 Vacant Land (nec) 0.14
454-551-014 Vacant Land (nec) 0.24
454-553-013 Vacant Land (nec) 0.34
454-560-014 Vacant Land (nec) 0.41
454-561-022 Vacant Land (nec) 0.55
454-561-023 Vacant Land (nec) 0.07
454-561-024 Vacant Land (nec) 0.01
454-571-025 Vacant Land (nec) 0.41
455-130-007 Vacant Land (nec) 10
455-130-008 Vacant Land (nec) 10
455-130-010 Vacant Land (nec) 9.55
455-130-011 Vacant Land (nec) 4.78
455-130-023 Vacant Land (nec) 5.32
455-130-024 Vacant Land (nec) 5.08
17.B
455-130-040 Vacant Land (nec) 8.17
455-130-042 Vacant Land (nec) 9.21
455-130-043 Vacant Land (nec) 28.73
455-360-033 Vacant Land (nec) 0.1
455-360-035 Vacant Land (nec) 0.62
455-360-036 Vacant Land (nec) 0.3
455-360-037 Vacant Land (nec) 0.28
455-360-038 Vacant Land (nec) 0.36
455-360-039 Vacant Land (nec) 0.06
455-360-040 Vacant Land (nec) 0.13
455-360-041 Vacant Land (nec) 0.33
455-360-042 Vacant Land (nec) 0.01
455-360-043 Vacant Land (nec) 2.46
455-360-045 Vacant Land (nec) 1.07
455-360-046 Vacant Land (nec) 0.82
455-360-048 Vacant Land (nec) 1.68
455-360-062 Vacant Land (nec) 5.15
455-360-063 Vacant Land (nec) 2.78
455-370-008 Vacant Land (nec) 8.68
455-370-009 Vacant Land (nec) 1.67
455-370-020 Vacant Land (nec) 2.23
455-370-021 Vacant Land (nec) 1.77
455-370-022 Vacant Land (nec) 0.94
455-370-023 Vacant Land (nec) 10.03
455-370-024 Vacant Land (nec) 1.17
455-430-044 Vacant Land (nec) 4.12
455-430-045 Vacant Land (nec) 1.1
455-430-046 Vacant Land (nec) 0.55
455-430-047 Vacant Land (nec) 0.01
455-430-048 Vacant Land (nec) 0.03
455-430-049 Vacant Land (nec) 0.3
455-430-050 Vacant Land (nec) 0.01
455-430-051 Vacant Land (nec) 0.04
455-440-019 Vacant Land (nec) 0.1
455-440-020 Vacant Land (nec) 0.48
455-440-021 Vacant Land (nec) 0.14
455-450-085 Vacant Land (nec) 0.02
455-450-086 Vacant Land (nec) 0.04
455-450-087 Vacant Land (nec) 0.04
455-450-088 Vacant Land (nec) 0.04
455-450-089 Vacant Land (nec) 0.06
455-450-090 Vacant Land (nec) 0.07
455-450-091 Vacant Land (nec) 0.08
455-450-092 Vacant Land (nec) 0.15
455-450-093 Vacant Land (nec) 0.11
455-450-094 Vacant Land (nec) 0.14
455-450-095 Vacant Land (nec) 0.12
17.B
455-450-096 Vacant Land (nec) 0.26
455-450-097 Vacant Land (nec) 0.02
455-450-098 Vacant Land (nec) 3.58
455-460-078 Vacant Land (nec) 0.04
455-460-079 Vacant Land (nec) 0.02
455-460-080 Vacant Land (nec) 0.02
455-460-081 Vacant Land (nec) 0.03
455-460-082 Vacant Land (nec) 0.26
455-460-083 Vacant Land (nec) 0.25
455-460-084 Vacant Land (nec) 0.11
455-460-085 Vacant Land (nec) 0.08
455-460-086 Vacant Land (nec) 0.08
455-460-087 Vacant Land (nec) 0.17
455-540-088 Vacant Land (nec) 0.47
456-030-018 Vacant Land (nec) 8.23
456-030-019 Vacant Land (nec) 8.23
456-050-001 Vacant Land (nec) 0.27
456-050-003 Vacant Land (nec) 0.67
456-141-053 Vacant Land (nec) 4.41
456-211-012 Vacant Land (nec) 0.72
460-060-009 Vacant Land (nec) 1.88
460-150-032 Vacant Land (nec) 3.24
460-150-033 Vacant Land (nec) 3.38
460-150-034 Vacant Land (nec) 0.56
460-150-035 Vacant Land (nec) 0.63
460-150-036 Vacant Land (nec) 0.23
460-150-037 Vacant Land (nec) 9.72
460-150-038 Vacant Land (nec) 3.42
460-150-039 Vacant Land (nec) 4
460-150-040 Vacant Land (nec) 0.25
460-150-041 Vacant Land (nec) 0.82
460-150-042 Vacant Land (nec) 0.1
460-150-043 Vacant Land (nec) 0.32
460-214-012 Vacant Land (nec) 0.01
460-214-012 Vacant Land (nec)
460-260-084 Vacant Land (nec) 0.23
460-260-085 Vacant Land (nec) 0.33
460-270-069 Vacant Land (nec) 0.03
460-270-070 Vacant Land (nec) 0.02
460-290-065 Vacant Land (nec) 0.02
460-290-066 Vacant Land (nec) 0.02
460-310-065 Vacant Land (nec) 0.31
460-310-067 Vacant Land (nec) 0.02
460-310-068 Vacant Land (nec) 0.02
460-330-008 Vacant Land (nec) 0.11
460-351-037 Vacant Land (nec) 0.5
460-371-006 Vacant Land (nec) 1.14
17.B
460-372-018 Vacant Land (nec) 1.29
460-390-039 Vacant Land (nec) 0.55
460-390-040 Vacant Land (nec) 0.15
460-400-034 Vacant Land (nec) 2.21
464-020-008 Vacant Land (nec) 22.8
464-090-006 Vacant Land (nec) 0.01
464-090-007 Vacant Land (nec) 0.01
464-100-042 Vacant Land (nec) 6.16
464-154-001 Vacant Land (nec) 0.1
464-171-021 Vacant Land (nec) 0.34
464-292-020 Vacant Land (nec) 3.45
464-300-018 Vacant Land (nec) 0.14
464-300-021 Vacant Land (nec) 0.19
464-300-027 Vacant Land (nec) 0.14
464-300-028 Vacant Land (nec) 0.14
464-300-029 Vacant Land (nec) 0.14
464-300-030 Vacant Land (nec) 0.11
464-300-031 Vacant Land (nec) 0.02
464-300-032 Vacant Land (nec) 0.09
464-300-033 Vacant Land (nec) 0.07
464-300-034 Vacant Land (nec) 0.08
464-301-003 Vacant Land (nec) 0.14
464-301-004 Vacant Land (nec) 0.15
464-301-006 Vacant Land (nec) 0.14
464-301-008 Vacant Land (nec) 0.14
464-301-009 Vacant Land (nec) 0.17
464-301-015 Vacant Land (nec) 0.16
464-310-013 Vacant Land (nec) 0.02
464-310-014 Vacant Land (nec) 0.11
464-310-015 Vacant Land (nec) 0.21
464-310-016 Vacant Land (nec) 0.21
464-311-017 Vacant Land (nec) 0.14
464-311-024 Vacant Land (nec) 0.14
464-311-025 Vacant Land (nec) 0.14
464-311-026 Vacant Land (nec) 0.14
464-312-011 Vacant Land (nec) 0.14
464-312-014 Vacant Land (nec) 0.14
464-312-017 Vacant Land (nec) 0.14
464-312-019 Vacant Land (nec) 0.12
464-340-032 Vacant Land (nec) 0.01
464-340-033 Vacant Land (nec) 0.17
464-340-034 Vacant Land (nec) 0.02
464-340-036 Vacant Land (nec) 0.09
464-341-016 Vacant Land (nec) 0.01
464-341-017 Vacant Land (nec) 0.11
465-100-016 Vacant Land (nec) 18.78
465-100-022 Vacant Land (nec) 3.12
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465-110-020 Vacant Land (nec) 39.91
465-110-021 Vacant Land (nec) 39.91
465-110-022 Vacant Land (nec) 39.09
465-110-027 Vacant Land (nec) 65.52
551-040-009 Vacant Land (nec) 0.06
551-040-010 Vacant Land (nec) 1.98
551-040-011 Vacant Land (nec) 4.21
551-040-012 Vacant Land (nec) 1.34
551-040-014 Vacant Land (nec) 7.11
551-040-029 Vacant Land (nec) 12.52
551-040-030 Vacant Land (nec) 0.17
551-050-006 Vacant Land (nec) 9.03
551-050-008 Vacant Land (nec) 9.03
551-060-012 Vacant Land (nec) 6.86
551-060-015 Vacant Land (nec) 7.02
551-060-021 Vacant Land (nec) 7.54
551-060-024 Vacant Land (nec) 6.57
551-081-046 Vacant Land (nec) 1.74
551-090-027 Vacant Land (nec) 0.02
551-090-029 Vacant Land (nec) 0.05
551-102-020 Vacant Land (nec) 0.02
551-111-017 Vacant Land (nec) 0.12
551-115-001 Vacant Land (nec) 0.2
551-115-002 Vacant Land (nec) 0.21
551-122-004 Vacant Land (nec) 0.01
551-122-008 Vacant Land (nec) 0.6
551-131-007 Vacant Land (nec) 0.02
551-132-001 Vacant Land (nec) 0.02
551-150-004 Vacant Land (nec) 0.41
551-160-007 Vacant Land (nec) 4.78
551-170-011 Vacant Land (nec) 0.16
551-190-010 Vacant Land (nec) 8.45
551-190-014 Vacant Land (nec) 0.07
551-190-022 Vacant Land (nec) 8.98
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Hazardous Condition Declaration
Item Number: 24-089
Fire Department
April 23, 2024
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Background
• Established in 2019 to reduce grass and rubbish fires in parkways and on private properties within City limits
• All affected property owners are notified and given opportunity to abate the vegetation
• If not conducted prior to the timeframe established, a contracted company would abate the hazard
• Property owner is billed for abatement and administrative fee • Typically conducted once per year and completed by July 31st
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Background
• Significant rains through
the winter and early
spring
• Increased vegetation
growth
• Anticipated delay in the
drying of fuels
• Later than normal fire
season
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Time Frame for Completion
2024 Weed Abatement Timeline
April 2024 Weed Abatement Letters sent to property owners May, 28 2024 Public Hearing on Weed Abatement
June 1, 2024 Deadline for abatement by property owners
June 2024 Inspections and weed abatement through a City contract July 1, 2024 First phase of abatements are complete
This year’s weed abatement deadline has been moved up to July 1st instead of July 31st to mitigate hazards before the fuel fully dries out and to position ourselves to conduct another abatement in late summer to early fall if necessary.
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Strategic Plan Integration
Quality of Life Organizational
Effectiveness
Community
Engagement
• Quality of Life - Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.
• Organizational Effectiveness - Objective 5: Streamline fire prevention coordination efforts.
• Community Engagement - Objective 3: Increase the community's pride within the City.
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Discussion & Follow Up
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 23 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
A Resolution of the City Council of the City of Hemet, California, Approving a Recovered Organic Waste and Recycled-Content Paper Product Procurement Policy
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Recovered Organic Waste and Recycled-Content Paper Product Procurement Policy.
BACKGROUND:
In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short- lived climate pollutants (SLCP) in various sectors of California's economy. The new law codifies the California Air Resources Board's Short-Lived Climate Pollutant Reduction Strategy, established pursuant to SB 605 (Lara, Chapter 523, Statutes of 2014), to achieve reductions in the statewide emissions of short-lived climate pollutants. Actions to reduce short-lived climate pollutants are essential to address the many impacts of climate change on human health, especially in California's most at-risk communities, and on the environment.
On December 14, 2021, the City Council approved and adopted Ordinance No. 1986 revising Chapter 62 of the City of Hemet Municipal Code as it relates to Solid Waste Management. This Ordinance revision included a component to mandate changes in the City's procurement processes to increase the purchase of both recycled content and organic materials within the City's operations.
City of Hemet Ordinance No. 1986, Section 62-24(a), references a recovered organic waste and recycled-content paper procurement policy as it relates to compliance with SB 1383 requirements.
While Public Works staff has been monitoring compliance with the mulch procurement requirements to comply with the Cal Recycle targets, a formal policy has not previously been brought to the City Council for approval.
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ANALYSIS:
The proposed policy intends to achieve the following objectives:
1. Protect and conserve natural resources, water, and energy.
2. Minimize the City’s contribution to climate change, pollution, and solid waste disposal.
3. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials; and
4. Purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper; and
5. Comply with City of Hemet Municipal Code 62-24 “Procurement requirements for City departments, direct service providers, and vendors.”
The proposed policy requires the City to compile an annual report on the City’s direct procurement, and vendor/other procurement on behalf of the City, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement. Records related to the recovered organic waste product procurement will be kept by the Public Works Environmental Compliance Coordinator. Records related to the procurement of recycled-content paper products will be collected and kept by the Administrative Services Department. The procurement report shall be shared with the Council annually.
DISCUSSION:
In addition to the policy providing compliance with SB 1383 requirements as referenced in the Hemet Municipal Code, the proposed policy will meet the requirements of Cal Recycle for the City to qualify for other grant opportunities. For example, the City recently applied for a Local Government Waste Tire Cleanup Grant Program to remove tires on public and private property. This grant is funded through CalRecycle and one of the grant requirements is to have an Environmentally Preferable Purchasing and Practices (EPPP) Policy adopted by May 7, 2024, which this proposed policy is consistent with.
The proposed policy requires compliance to the extent practically feasible. Therefore, if there are issues with fitness and quality, purchase of non-compliant products may be allowed. Further, the products must be available at an equal or lesser price.
Staff recommends that the Council approve the proposed policy and that the policy become effective upon the Council's action to adopt a resolution approving the policy.
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.
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Objective 2: Evaluate existing practices to ensure continuity with industry best practices.
FISCAL IMPACT:
No fiscal impact is anticipated from the approval of this procurement policy.
ALTERNATIVE(S):
1. Do not approve the Recovered Organic Waste Product Procurement Policy.
2. Provide alternate direction to the City Manager.
REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):
Attachment 1 - Resolution Approving Recycled Product Procurement Policy Attachment 2 - Recovered Organic Waste Procurement Policy
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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, APPROVING A RECOVERED
ORGANIC WASTE AND RECYCLED-CONTENT PAPER
PRODUCT PROCUREMENT POLICY
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, In September 2016, Governor Brown signed into law SB 1383 (Lara, Chapter 395, Statutes of 2016), establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP) in various sectors of California's economy. The new law codifies the California Air Resources Board's Short-Lived Climate Pollutant Reduction Strategy, established pursuant to SB 605 (Lara, Chapter 523, Statutes of 2014), to achieve reductions in the statewide emissions of short-lived climate pollutants. Actions to reduce short-lived climate pollutants are essential to address the many impacts of climate change on human health, especially in California's most at-risk communities, and on the environment.; and WHEREAS, the City of Hemet, approved Ordinance 1986 amending Chapter 62 of the Hemet Municipal Code to incorporate the State mandated requirements of Senate Bill 1383 on November 9, 2021, held a second reading on December 14, 2021 and that said Ordinance became effective on or about January 14, 2022; and WHEREAS, City staff has drafted a proposed procurement policy that aligns with the applicable Hemet Municipal Code sections already in effect related to SB 1383; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the proposed Recovered Organic Waste and Recycled-Content Paper Product Procurement Policy intends to achieve the following objectives:
1. Protect and conserve natural resources, water, and energy.
2. Minimize the City’s contribution to climate change, pollution, and solid waste disposal.
3. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials.
4. Purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.
5. Comply with City of Hemet Municipal Code 62-24 “Procurement requirements for City departments, direct service providers, and vendors.” and;
WHEREAS, the proposed policy requires the City to compile an annual report on the City’s direct procurement, and vendor/other procurement on behalf of the City, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled- Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper procurement; and
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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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WHEREAS, the proposed policy will also meet the requirements of Cal Recycle for the City to qualify for various grant opportunities.; and WHEREAS, the proposed policy requires compliance only to the extent practically feasible and will not create fitness and quality issues or additional cost for products; and
WHEREAS, staff recommends that the Council approve the proposed policy and that the policy become effective upon the Council's action to adopt a resolution approving the policy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.The above recitals are all true and correct.
SECTION 2.Approves the attached Recovered Organic Waste and Recycled- Content Paper Product Procurement Policy.
SECTION 3.Directs staff to compile an annual report containing the results of the procurement policy to be shared with the Council annually.
SECTION 4. This Resolution and attached Recovered Organic Waste and Recycled-Content Paper Product Procurement Policy shall take effect upon its adoption.
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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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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 23rd day of April, 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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RECOVERED ORGANIC WASTE AND RECYCLED-
CONTENT PAPER PRODUCT PROCUREMENT
POLICY
SECTION 1. PURPOSE
A. It is the policy of the City of Hemet (“City”), applicable to all departments and divisions, to incorporate environmental considerations including recycled-content and recovered Organic Waste product use into purchasing practices and procurement. This Recovered Organic Waste Product Procurement Policy (“Policy”) will help the City to:
1. Protect and conserve natural resources, water, and energy;
2. Minimize the City’s contribution to climate change, pollution, and solid waste disposal;
3. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12, Article 12 (SB 1383 procurement regulations) to procure a specified amount of Recovered Organic Waste Products to support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper; and,
4. Comply with City of Hemet Municipal Code 62-24 “Procurement requirements for City departments, direct service providers, and vendors.” SECTION 2. DEFINITIONS
A. “Annual Recovered Organic Waste Product Procurement Target” means the amount of Organic Waste in the form of a Recovered Organic Waste Product that the City is required to procure annually under 14 CCR Section 18993.1. This target shall be calculated by multiplying the per capita procurement target, which shall be 0.08 tons of Organic Waste per California resident per year, times the City’s residential population using the most recent annual data reported by the California Department of Finance. Annually, CalRecycle will provide notice to each Jurisdiction of its Annual Recovered Organic Waste Product Procurement Target by posting such information on CalRecycle’s website and providing written notice directly to the City.
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B. “Direct Service Provider” means a person, company, agency, district, or other entity that provides a service or services to City pursuant to a contract or other written agreement or as otherwise defined in 14 CCR Section 18982(a)(17).
C. “City” means the City of Hemet.
D. “Organic Waste” means solid wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing And Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.
E. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
F. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).
G. “Procurement of Recovered Organic Waste Products” shall mean purchase or acquisition (e.g., free delivery or free distribution from a hauler or other entity via a written agreement or contract), and end use by the City or others. The City’s Annual Recovered Organic Waste Product Procurement Target can be fulfilled directly by the City or by Direct Service Providers through written contracts or agreements for Procurement of Recovered Organic Waste Products at the City’s behest.
H. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed at a permitted or otherwise authorized operation or facility, or as otherwise defined in 14 CCR Section 18982(a)(60). Products that can be used to meet the Annual Recovered Organic Waste Product Procurement Target shall include Compost, SB 1383 Eligible Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured from Biomass Conversion as described herein and provided that such products meet requirements of 14 CCR, Division 7, Chapter 12, Article 12.
I. “Recordkeeping Designee” means the public employee appointed by the City Manager or their designee to track procurement and maintain records of Recovered Organic Waste Product procurement efforts both by the City and others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 and 13.
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J. "Recyclability" means that the Paper Products and Printing and Writing Paper offered or sold to the City are eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations Section 260.12 (2013).
K. “Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper” means such products that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 22154 and Sections 12200 and 12209 of the Public Contract Code, and as amended.
L. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants, as amended, supplemented, superseded, and replaced from time to time.
M. “SB 1383 Regulations” or “SB 1383 Regulatory” means or refers to, for the purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
N. “SB 1383 Eligible Mulch” means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993.1(f)(4):
1. Produced at one of the following facilities:
i. A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(10);
ii. A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under 14 CCR Division 7; or, iii. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
O. “State” means the State of California.
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SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT
3.1 Procurement Target
A. The City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target through the implementation of Sections 3 through 6 of this Policy.
B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following (provided that each product meets the criteria included in their respective definition in Section 2 of this Policy):
1. SB 1383 Eligible Mulch and Compost (as defined in Section 2.N).
3.2 Requirements for City Departments
A. City divisions and departments shall comply with this policy to the extent practically feasible. This policy does not prohibit the purchase or procurement of recovered organic waste products that do not meet specific SB 1383 standards.
However, products that do not meet SB1383 standards cannot be used to fulfill the City’s annual recovered organic waste product procurement target.
B. SB 1383 Eligible Mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall:
1. Use SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined in Section 2.N of this Policy, for landscaping maintenance, renovation, or construction, as practicable or feasible, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, on a schedule determined by Recordkeeping Designee.
Records shall include:
a. General procurement records, including:
(i) General description of where the product was used, if applicable;
(ii) Source of procurement, including name, physical location, and contact information for each entity, operation, or facility
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from whom the Recovered Organic Waste Products were
procured;
(iii) Type of product;
(iv) Quantity of each product; and,
(v) Invoice or other record demonstrating purchase or
procurement.
b. For SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with the requirements specified in Section 3.2.B.2.
3. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements.
3.3 Requirements for Direct Service Providers
A. Direct Service Providers shall comply with this Policy to the extent practically feasible. This Policy does not prohibit the use of recovered organic waste products that do not meet specific SB 1383 standards.
However, products that do not meet SB 1383 standards cannot be used to fulfill the City’s annual recovered organic waste product procurement target.
B. Direct Service Providers of landscaping maintenance, renovation, and construction shall:
1. Use SB 1383 Eligible Mulch, as practicable, produced from Recovered Organic Waste Products, as defined in Section 2.H of this Policy, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3).
2. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Recordkeeping Designee, on a schedule to be determined by Recordkeeping Designee.
Information to be provided shall include:
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a. General description of where the product was used and if applicable, applied;
b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;
c. Type of product;
d. Quantity of each product; and,
e. Invoice or other record demonstrating purchase or procurement.
SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT
4.1 Requirements for City Departments
A. Comparable or more favorable pricing: If fitness and quality of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non-recycled items, all departments and divisions of City shall purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or a lesser total cost than non-recycled items, consistent with the requirements of the Public Contracts Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.
B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
C. Provide records to the Recordkeeping Designee of all paper products and printing and writing paper purchases within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.
4.2 Requirements for Vendors
A. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to City shall:
1. Provide Recycled-Content Paper Products and Recycled-Content Printing
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and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non- recycled item, and available at equal or lesser price:
2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12 (2013).
5. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchased from the vendor within thirty (30) days of the purchase (both recycled-content and non-recycled content, if any is purchased) made by a division or department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 4.2.A.3-4 for recycled-content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-Recycled-Content Paper Products and/or non- Recycled- Content Printing and Writing Paper are provided, include a description of why Recycled-Content Paper Products and/or Recycled-Content Printing and Writing Paper were not provided.
B. If fitness and quality are equal to that of non-recycled item, and available at equal or lesser price, all vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.
SECTION 5. RECORDKEEPING RESPONSIBILITIES
A. The Public Works department will be the responsible department and will select an employee to act as the Recordkeeping Designee that will be responsible for obtaining records pertaining to Procurement of Recovered Organic Waste Products. Finance Department will be the responsible department acting as the Recordkeeping Designee for Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper.
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B. The Recordkeeping Designee will do the following to track Procurement of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled-Content Printing and Writing Paper:
1. Collect and collate copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purchases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of City’s documentation of its compliance with 14 CCR Section 18993.3.
2. Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the City to develop evidence of City meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the City’s documentation of its compliance with 14 CCR Section 18993.1.
3. Collect, collate, and maintain documentation submitted by the City, Direct Service Providers, and/or vendors, including the information reported to the Recordkeeping Designee in accordance with Sections 3.2.B.2,
3.3.B.2, 4.1.C, and 4.2.A.5.
4. Compile an annual report on the City’s direct procurement, and vendor/other procurement on behalf of the City, of Recovered Organic Waste Products, Recycled-Content Paper Products, and Recycled- Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for Recycled-Content Paper Products and Recycled- Content Printing and Writing Paper procurement. This report shall be made available to the City’s responsible entity for compiling the annual report to be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 12, Article 13. The procurement report shall also be shared with Council annually as evidence of implementing this Policy.
SECTION 6. EFFECTIVE DATE OF POLICY
This Policy shall go into effect upon the City Council’s action to adopt a resolution
17.C
approving the policy.
17.C
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Apr 23 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Mark Prestwich, City Manager;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Consideration of Request from Western Science Center (WSC) Exempting the Construction of the Western Center Academy Multi-Purpose Building from City of Hemet Development Impact Fee for Bridges, Signals, and Thoroughfares
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt a Resolution authorizing the deferral of Development Impact Fee for Bridges, Signals, and Thoroughfares for the Construction of the Western Center Academy Multi-Purpose Building from Development Impact Fee for Bridges, Signals, and Thoroughfares
BACKGROUND:
The Western Center Academy (WCA) is a Hemet Unified School District STEM charter middle and high school located at the Wester Science Center. The WCA is advancing construction of a campus- serving Multi-Purpose Building to provide space for school indoor sports, theater productions and other arts activities, pep rallies, science fairs, lunches during inclement weather, and more. Because the asset will serve existing students, it is not anticipated to result in a discernable change in vehicular or pedestrian traffic when complete.
ANALYSIS:
The Western Science Center has requested the City waive its Development Impact Fee for Bridges, Signals, and Thoroughfares for the above referenced Multi-Purpose Building. While conceptually sound, the application does not include any evidence demonstrating no discernable increase in traffic.
Staff recommends deferral of the fees for three (3) years to give the applicant an opportunity to provide evidence of no discernable impact, and if such evidence is provided to the satisfaction of the City Engineer, for the City Manager to waive or reduce the fees.
DISCUSSION:
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The City's development impact fees for the above project total $73,298.31 (see Attachment 2). The Bridges, Signals, and Thoroughfares fee requested for waiver is $35,424.00. This fee is designed to apply to projects that create pedestrian and vehicular traffic inducing impacts. The requested waiver, if supported by sufficient evidence, would be reasonable given that the anticipated recurring uses planned for the building including indoor lunches, indoor sports, pep rallies, etc. are not anticipated to result in a discernable change in vehicular or pedestrian traffic once the building is constructed. The deferral of the fees will give the applicant sufficient time to demonstrate the lack of impact.
STRATEGIC PLAN INTEGRATION:
GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.
Objective 1: Develop concepts and programs to increase opportunities for youth recreation.
Objective 2: Develop concepts and programs to enhance the quality of life services.
Objective 3: Develop programs to offer support to the community's businesses
FISCAL IMPACT:
The impact of the requested action will be a reduction of potential City revenue of $35,424.00 for future bridge, signal, and thoroughfare projects.
ALTERNATIVE(S):
The Council may provide alternate direction to the City Manager.
ATTACHMENT(S):
Attachment 1 - Western Science Center MPB Letter
Attachmen 2 - WCA Fees
Attachment 3_Resolution WSC WSA fee waiver SPG
17.D
Discovering the Past, Exploring the Present & Promoting a Sustainable Future
Western Center Community Foundation – a 501 (c) 3 Non-Profit Corporation Tax ID # 33-082-0066 2345 Searl Parkway, Hemet, CA 92543 951-791-0033 Fax 951-791-0032 WesternScienceCenter.org Executive Director
Alton Dooley, Jr., Ph.D.
Board of Directors
Executive Committee
Todd Foutz
President
Ed Formica, D.D.S.
Vice President
Kevin R. Farrenkopf
Treasurer
Bruce M. Wallis, Esq.
Secretary
Guy Excell
Ken Graff
Debbie Green
Andrew Kotyuk
Howard B. Rosenthal
Directors
Christi Barrett
Eric Benson
Brian Cahill
Kathy Callicott
Sumanta Chaudhuri Saini, M.D.
Laura Cherland
Grace Cua Dy Carvalho
Don Digby
Cindy Domenigoni
Bryan Dunn, D.D.S.
Nancy Fernandez Bujo, D.V.M.
Karen Foutz
Gisela Gosch
Charlotte Jones
David G. Kelley
Kevin Mohl
Geneva Mojado
Sreenivasa Nakka, M.D.
Thomas Palmieri
Gail Polvoorde, D.P.T.
Amita Rastogi, M.D.
Abel Sanchez
Cindy Smith
Rod Tolliver
Tu Thien Uong
Lori Van Arsdale
Mike Venable
Jolene Walsh
Joe Wojcik
Erin Wolbeck
Blaine A. Womer
Executive Director Emeriti
Bill Marshall, Ed.D.
Founding Member
Clayton A. Record, Jr.
March 27, 2024
Mark Prestwich
City Manager
City of Hemet
445 E. Florida Ave.
Hemet, CA 92543
Dear Mr. Prestwich,
Western Science Center is an internationally-recognized 501c3 museum responsible for preserving archaeological and paleontological remains from the region, including Hemet, and hosts over 50,000 visitors each year. Western Center Academy is a Hemet Unified School District dependent STEM charter, and is among the top-performing middle and high schools in the nation. We take great pride in our organizations’ contributions to the quality of life in Hemet.
I’m writing concerning the status of a current construction project at the Western Science Center (WSC).
We are currently attempting to construct a multipurpose building to be used by Western Center Academy (WCA). While this building will be owned by WSC, it will be used to provide WCA students with space for indoor sports, theater productions and other arts activities, Makerspace, pep rallies, science fairs, lunches during inclement weather, and more. These activities all currently either take place outdoors, or in rooms too small for the activity.
This new building is simply providing an indoor facility to enhance the education of current and future WCA students. Its operation will not result in an increase in student enrollment or staff size at the school, nor will it result in an increase in visitation or staff size at the museum. We anticipate no changes in either vehicular or foot traffic due to the completion of this project. Therefore, we request that the City of Hemet consider exempting this project from the Development Impact Fee for Bridges, Signals, and Thoroughfares.
Thank you for your consideration,
Alton C. Dooley, Jr., Ph.D.
Executive Director
Western Science Center
17.D
City of Hemet
445 E. Florida Ave.
Hemet, CA 92543
INVOICE
FEES
EFFECTIVE
7/1/2023
Fee AmountFee Description
APPLICANT: MARS HILL STUDIO, INC Permit No: B2207-148 Parcel No: 454-270-023 2345 SEARL PARKWAY
WESTERN CENTER ACADEMY New 14,400 Multi Purpose builidngPermit Description:
Site Address:
PLUMBING PERMIT FEES 2630-120-0630
$1157.70PLUMBING PERMIT FEE SIMULTANEOUSLY 2630-120-0630 PLANNING FEES 2695-120-0224
$398.00PLANNING FINAL INSPECTION 2695-120-0224
MICROFILM REPRODUCTION FEE 2636-120-0636
$73.00MICROFILM 11 X 17 OR LESS 2636-120-0636
MECHANICAL PERMIT FEES 2221-120-0221
$1157.70MECHANICAL PERMIT FEE SIMULTANEOUSLY 2221-120-0221 FIRE DEPARTMENT PERMITS 5630-110-0632
$214.00ASSEMBLY A2, A3, SHELL, VTI, TI FIRE PERMIT 5630-110-0632 ELECTRICAL PERMIT FEES 2221-120-0221
$1157.70ELECTRICAL PERMIT SIMULTANEOUSLY 2221-120-0221
DIF-WATER HOLDING 2678-571-0678
$1296.00C-WATER HOLDING 2678-571-0678
DIF-STORM DRAIN 2620-326-0620
$5788.80C-STORM DRAIN 2620-326-0620
DIF-SEWER CONNECTION FEE 3270-254-0720
$250.00C-SEWER CONNECTION 3270-254-0720
DIF-RETENSION BASIN 2621-326-0621
$1007.00C-RETENTION BASIN 2621-326-0621
DIF-LLMD 2655-225-0655
$198.75C-LLMD 2655-225-0655
DIF-LAW ENFORCEMENT 2682-331-0682
$3211.20C-LAW ENFORCEMENT 2682-331-0682
DIF-GENERAL GOVERNMENT 2685-316-0685
$1670.40C-GENERAL CITY FACILITIES 2685-316-0685
DIF-FIRE SUPRESSION FACILITIES 2683-332-0683
$3456.00C-FIRE FACILITIES 2683-332-0683
DIF-BRIDGE SIGNALS & THOROUGHFARES 2692-329-0692
$35424.00C-BRIDGE FACILITY FEE TUMF EXEMPT 2692-329-0692
CUSTOMER
17.D
City of Hemet
445 E. Florida Ave.
Hemet, CA 92543
INVOICE
FEES
EFFECTIVE
7/1/2023
COMMERCIAL PERMIT 2221-120-0221
$11577.00NEW COMMERCIAL AND ADDITIONS PERMIT 2221-120-0221 BUILDING PROCESSING FEE 2221-120-0221
$92.00PERMIT PROCESSING FEE BUILDING/FIRE/PLANNING 2221-120-0221 2691-120-0691
$1569.06ADMINISTRATIVE FEE 2691-120-0691
$144.00BUILDING STANDARDS FEE 2895-120-2019
$648.00PLAN STORAGE 2635-120-0635
$1008.00SEISMIC FEE COMMERCIAL 2651-110-2039
$720.00TECHNOLOGY FEE - BUILDING 2291-120-0291
$1080.00TRAINING FEE 2694-120-0223
Total Fees Due:
Assessed by: CASANDRA MARIN
Date Printed: 03/11/2024
$73,298.31
Fees stated are applicable for the date printed. Fees are subject to change. If a new fee schedule is adopted by the Hemet City Council prior to payment of above listed fees, the new fees will apply.
CUSTOMER
17.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx
A RESOLUTION AUTHORIZING THE DEFERRAL OF
DEVELOPMENT IMPACT FEE FOR BRIDGES, SIGNALS,
AND THOROUGHFARES FOR THE CONSTRUCTION OF
THE WESTERN CENTER ACADEMY MULTI-PURPOSE
BUILDING FROM DEVELOPMENT IMPACT FEE FOR
BRIDGES, SIGNALS, AND THOROUGHFARES
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:
WHEREAS, City staff received a letter from the Wester Science Center requesting an exemption from the City of Hemet Bridges, Signals, and Thoroughfares Development Impact Fee; and
WHEREAS, Western Science Center is an internationally-recognized 501c3 museum responsible for preserving archaeological and paleontological remains from the region, including Hemet, and hosts over 50,000 visitors each year; and WHEREAS, Western Center Academy is a Hemet Unified School District dependent STEM charter, and is among the top-performing middle and high schools in the nation; and
WHEREAS, the Western Science Center explained that the subject multi- purpose building will not increase capacity or traffic to the location; and WHEREAS, specifically the letter states that “the new building is simply providing an indoor facility to enhance the education of current and future WCA students. Its
17.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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operation will not result in an increase in student enrollment or staff size at the school, nor will it result in an increase in visitation or staff size at the museum”.; and WHEREAS, the Applicant asserts that the new multi-purpose building will not result in a discernable change in vehicular or pedestrian traffic when complete; and WHEREAS, the impact of the requested action will be a reduction of potential City revenue of $35,424.00 for future bridge, signal, and thoroughfare projects; and WHEREAS, the City of Hemet desires time to evaluate the application of these fees in light of the recent United States Supreme Court ruling in Sheetz v. County of El Dorado.
WHEREAS, staff recommends waiving the City of Hemet Development Impact fee for Bridges, Signals, and Thoroughfares in the amount of $35,424.00 be deferred to give the Applicant and staff an opportunity to verify that the project will not result in a discernable change in vehicular or pedestrian traffic when complete.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
SECTION 1.The above recitals are all true and correct.
SECTION 2.Authorizes and directs the City Manager, or his designee, to defer the collection of City of Hemet Development Impact Fee for Bridges, Signals, and Thoroughfares in the amount of $35,424.00 (the “fees”) for the project for a period not to exceed three (3) years. During the time such fees are deferred, the Applicant may provide evidence supporting their position that the project will not result in a discernable change in vehicular or pedestrian traffic when complete. If, in the opinion of the City Engineer, the evidence is sufficient to demonstrate that the project will not result in a
17.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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discernable change in vehicular or pedestrian traffic when complete, then the City Manager, or his designee, is authorized to waive the fees. If, in the opinion of the City Engineer, the evidence is sufficient to demonstrate that the fees lack proportionality to the change in vehicular or pedestrian traffic when complete, then the City Manager, or his designee, is authorized to reduce the fees to be proportionate. If the City Manager, or his designee waives or reduces the fees, then the City Manager shall submit a report, for informational purposes only, to the City Council informing the City Council that the fees have been waived or reduced and the basis for the determination. If the City Manager does not waive or reduce the fees, or if the Applicant does not provide evidence during the period the fees are deferred, then the fees shall be due and owing at the expiration of the three (3) years, unless the Applicant requests the matter be resubmitted to the City Council for consideration.
SECTION 3. This Resolution shall take effect upon its adoption.
17.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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PASSED, APPROVED AND ADOPTED this 23rd day of April, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
17.D
CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of April, 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
17.D