Hemet City Council
May 28, 2024

21.C.

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

(1) A topographic map of the project site and land and structures within 100 feet of the project boundaries. The map shall be drawn to a scale of not less than one inch equals to 100 feet with a maximum contour interval of ten feet. The maximum contour interval shall be five feet where terrain has a slope of less than 25 percent.
(2) A site plan of the proposed project showing property lines, recorded or proposed easements and public rights-of-way. Existing structures within 100 feet of the site shall also be shown on the site plan. (3) A preliminary grading plan for the project, drawn to the same scale as required above. Existing and final slope shall be shown in the following categories by average slope (percent): 0 to 10, 10+ to 15, 15+ to 25, 25+ and above.
(4) A soils engineering report including data regarding the nature, distribution and strengths of existing soils, conclusions, and recommendations for grading procedures, design criteria for and identified corrective measures, and opinions and recommendations regarding existing conditions and proposed grading. The investigation and report shall be performed by a professional soils engineer experienced in the practice of soil mechanics and registered with the state. (5) A hydrology report shall be provided including areas of possible inundation, downstream effects, natural drainage courses, conclusions, and recommendations regarding the effect of hydraulic conditions on the proposed development, opinions and recommendations regarding the adequacy of facilities proposed for the site, and design criteria to mitigate identified hydraulic hazards. This report shall account for runoff and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in the development. Runoff and debris volumes shall be computed using county flood control district criteria. This investigation and report shall be prepared by a registered civil engineer experienced in hydrology and hydraulic investigation.
(6) A preliminary landscaping plan showing disposition of existing trees, and the type and extent of proposed vegetation. The method of open space maintenance shall also be identified. (7) A geotechnical study shall be provided including the surface and subsurface geology of the site, degree of seismic hazard, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommended design criteria to mitigate any identified geologic hazards. This investigation and report shall be performed by a professional geologist experienced in the practice of engineering geology and registered with the state. (8) A landform study shall be provided with a site inventory and map identifying existing landforms shall be submitted for the project including the following:
a. All U.S.G.S. blue-line streams, springs, perennial and intermittent streams with drainage areas that are 50 acres or greater at or above the project site. b. Rock outcroppings that are greater than 300 square feet in surface area. c. Classification of "grading zones" that are identified in this article. d. Identification of primary and secondary ridgelines.
e. Identification of the most prominent topographical features of the project site. This identification is relative to each project site and should include any ridges, peaks, knolls and any other similar types of features.
(9) A biological survey shall be submitted. This survey shall inventory both flora and fauna found at the site. All endangered, threatened or rare species shall be identified. Survey shall be conducted by a qualified biologist selected from then approved listing maintained by the planning department. (10) Other information or applications materials as may be deemed necessary or desirable by the planning director such as archaeology, paleontology, and visual analysis studies.

21.C.

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

(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Secs. 90-945—90-950. Reserved.

DIVISION 3. S SCENIC HIGHWAY SETBACK OVERLAY ZONE
Sec. 90-951. Purpose.

The purpose of the scenic highway overlay zone is to implement the scenic highways element of the general plan to minimize adverse visual impacts and enhance the public's aesthetic enjoyment of the scenic highway corridors. This shall be accomplished through the use of landscaped setbacks on certain roads designated as local scenic highways.
(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-952. Permitted uses; designation on zoning map.

All uses permitted in the underlying zone over which the scenic highway overlay zone is placed shall be permitted in the overlay zone. Whenever the overlay zone is placed on the official zoning map, the designation shall be as indicated in the map legend. The regulations of the scenic highway overlay zone shall apply in addition to the regulations of the underlying zone. The most restrictive regulations shall take precedence. (Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-953. Setbacks.

Front yards adjoining a scenic highway shall be a minimum of 25 feet in depth, and shall be landscaped with a mixture of live trees, shrubs and ground cover.
(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Sec. 90-954. Reserved.

Sec. 90-955. Scenic highways established.

The following streets are designated as scenic highways:
(1) Florida Avenue, from Sanderson Avenue west to the sphere of influence line. (2) Florida Avenue, from Stanford Street east to the sphere of influence line. (3) State Street, from Thornton Avenue south to the sphere of influence line. (4) Simpson Road, from the west sphere of influence line to State Street. (5) Sanderson Avenue, from the north sphere of influence line to Domenigoni Parkway excepting that portion from Florida Avenue to 850 feet south and that portion of the easterly side from Florida Avenue to 530 feet north.
(6) Warren Road, from Commonwealth Avenue to Simpson Road.

21.C.

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

(Ord. No. 1949 , § 10(Exh. A, 10), 9-25-18)
Secs. 90-956—90-979. Reserved.

DIVISION 4. EMERGENCY SHELTER OVERLAY ZONE
Sec. 90-956. Purpose.

The purpose of this section is to establish an emergency shelter overlay zone, where emergency homeless shelter may be established without the need of a conditional use permit.

Sec. 90-957. Permitted Location; designation on zoning map.

The City identifies parcels of land , located one block east of the Menlo Avenue and State Street intersection, as acceptable for permitting the establishment of an emergency shelter pursuant to Government Code § 65583, subdivision (a)(4) without requiring a conditional use permit.

Mixed use, as an integrated mix of supporting residential and office/commercial uses on the site identified in conjunction with wrap around services, including low barrier navigation center pursuant to California Civil Code § 51.3.5 to support the emergency homeless shelter is acceptable for permitting without requiring a conditional use permit.

This area is located within the zone C-1 Neighborhood Commercial Zone, and is subject to the development standards in effect, except as provided in Section 90-959. The city amends the zoning code to create an overlay zone located exclusively on the parcels described above. Whenever the overlay zone is placed on the official zoning map, the designation shall be as indicated in the map legend.

Sec. 90-958 .Permit requirements.

A. Emergency shelter facilities shall comply with all Federal and California State licensing requirements.

B. Emergency shelter facilities and all other ancillary or mixed use or residential supportive uses shall comply with all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.

C. The property must be located within the emergency shelter overlay zone Sec.90-959. Development Standards.

Emergency shelter shall comply with all standards provide by this chapter.

A. Development Standards.

1. Location and Separation.
a. Emergency shelter facilities should be located within one-half mile of a transit corridor or existing bus route.
b. All emergency shelter programs must be situated more than three hundred feet from any other emergency shelter or similar shelter program.

2. Physical Characteristics.

21.C.

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

a. The size of an emergency facility shall be in character with the surrounding neighborhood and in compliance with the development standards of the C-1 Neighborhood Commercial Zone. b. The maximum number of beds for the existing emergency shelter shall be fifty (50) with the opportunity for expansion (new construction) up to 100 beds, excluding Palette Shelter Pilot Program units. c. Smoke detectors, approved by the Fire Department, must be provided in all sleeping and food preparation areas.
d. Fire sprinklers designed to 2022 NFPA 130 may be required for new construction. e. At least one accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones, public streets and sidewalks, and public transportation stops, to the accessible building or facility entrance they serve. If more than one route is provided, all routes must be accessible.
f. The site shall provide adequate space for emergency response vehicles. g. The facility shall have adequate private living space, shower and toilet facilities and secure storage areas for its intended residents.
h. The facility shall have at least one room, which has one hundred twenty square feet of floor area. Other habitable rooms shall have an area not less than seventy square feet. When more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of fifty square feet for each occupant in excess of two.

B. Operational and Management Standards.

1. The emergency shelter provider shall prepare and file a management plan with the community development department that includes clear operational rules and standards, including, but not limited to, staff training, security, screening of clients, mechanisms to address loitering, management of outdoor areas, and opportunities for training, counseling, and treatment programs for residents.

2. If an emergency shelter includes a drug or alcohol abuse counseling component, appropriate State and/or Federal licensing shall be required.

3. The emergency shelter shall provide accommodations appropriate for a maximum stay of one hundred eighty (180) days per client/family.

4. Parking. The emergency shelter shall accommodate sufficient parking for staff given that it does not require more parking for emergency shelters than other residential or commercial uses within the same zone.

5. Client intake area. The client intake area shall be not less than 500 square feet in total floor area.

6. Outdoor activity. For purposes of noise abatement and neighborhood compatibility, outdoor activities on site are limited to the hours of 9:00 a.m. to 9:00 p.m.

4. The emergency shelter shall identify a transportation system that will provide its clients with a reasonable level of mobility including, but not limited to, access to social services, housing and employment opportunities.

5. The emergency shelter shall include clear and acceptable arrangements for facility occupants, such as onsite meal preparation or food provision and disbursement.

6. The emergency shelter, where applicable, shall provide child care services and ensure that school-aged children are enrolled in school during their stay at the facility.

21.C.

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

7. The emergency shelter provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to ensure compatibility with services provided at the facility and for training, counseling, and treatment programs for occupants.

8. Emergency shelters shall establish written expectations of residents – behavioral, medical, etc.

Expectations of residents will be available to each resident at entry to the shelter, and to the public (upon request).

9. Emergency shelters shall have infection control policies in accordance with guidelines of the Centers for Disease Control covering but not necessarily limited to HIV/AIDS, hepatitis, and tuberculosis.

10. Emergency shelters shall maintain a record of clients and visitors at all times. Clients will have immediate twenty-four (24) hour access to shelter staff and no walk-in services will be provided at any time in the safe house itself.

11. Emergency shelters shall provide on-site management and support staff at all times during shelter use.

Secs. 90-960—90-979. Reserved.

21.C.

- CODE
Chapter 90 - ZONING
ARTICLE X. SPECIAL HOUSING CLASSIFICATIONS
Hemet, California, Code of Ordinances Created: 2023-12-21 10:54:57 [EST] (Supp. No. 66, Update 1)

ARTICLE X. SPECIAL HOUSING CLASSIFICATIONS
DIVISION 1. BOARDING HOUSES AND GROUP HOMES1
1Editor's note(s)—Section 3, Exhibit A, of Ord. No. 1852, adopted June 12, 2012, added divs. 1 and 2, §§ 90-271— 90-310. Inasmuch as some of those section numbers already exist, to avoid duplication, said provisions have been redesignated to read as herein set out, and the original ordinance section designations have been included as part of the history note following each section.

21.C.

Created: 2023-12-21 10:54:56 [EST]
(Supp. No. 66, Update 1)

Sec. 90-261. Purpose.

This article X, as part of the city's overall zoning regulations and in the exercise of its police powers to protect the public health safety and welfare, seeks to preserve the quality and character of the community's single-family and multifamily neighborhoods by limiting, and where appropriate prohibiting, the operation of housing that is commercial or institutional in nature, such as boarding houses and other group homes, to zones within the city that are best suited to accommodate impacts and needs of those housing types. In adopting this article X, the city is mindful that the fair housing laws provide individuals with a disability the right to an equal opportunity to use and enjoy housing, and that the city may need to provide reasonable accommodation in the city's zoning ordinances and policies where necessary to afford disabled persons such equal opportunity. The city recognizes that group homes providing care and services to six or fewer disabled persons that are required to be and are licensed by the State of California must be allowed to operate in single-family zones as a matter of right and therefore, such uses are excepted from this article X as provided herein. The city recognizes that the fair housing laws do not prohibit the city from regulating the location of large group homes (those providing residency to seven or more disabled individuals whether required to be licensed or not) and small group homes (those providing residency to six or fewer disabled individuals that are not required to be licensed by the state) but that the city must make a reasonable accommodation upon request to the residents of such group homes where such request does not cause an undue financial or administrative burden on the city or result in a fundamental alteration in the nature of the city's zoning regulations. This article X establishes regulations to avoid clustering and overconcentration of such uses subject to the city's reasonable accommodation provisions. Finally, this article X serves to protect all residents from the negative impacts of multiple parolees housed in individual dwellings. (Ord. No. 1852, § 3(Exh. A, § 90-271), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 1(§ 90-271)), 9-11-12) Sec. 90-262. Definitions.

For the purposes of this article X, the following definitions shall apply:

Boarding house is defined as provided in section 90-4 of this Code.

Disabled or individual with a disability means an individual with a qualifying disability under federal and state fair housing laws. Generally, any person with any mental or physical impairment, disorder or condition, which substantially limits one or more major life activities, including physical, mental and social activities and working.

Disabled or individual with a disability does not include impairments, disorders or conditions resulting from the current, illegal use of or addiction to a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania.

Fair housing laws means the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), the California Community Care Facilities Act (Health and Safety Code § 1500 et seq.), the California Fair Housing and Employment Act (Government Code § 12900 et seq.), and Civil Code § 54, together with published judicial decisions interpreting those laws.

Group home means any boarding house that provides temporary, interim, or permanent housing to individuals where every person residing in the dwelling is an individual with a disability, and the individuals are not living as a single housekeeping unit.
(1) Large group home means a group home in which seven or more individuals reside, whether the group home is required to be and is licensed by the State of California, or is not required to be licensed by the State of California. Large group homes do not include small licensed residential care facilities. (2) Small group home means a group home in which six or fewer individuals reside and which is not required to be licensed by the State of California. Small group homes do not include small licensed residential care facilities.

21.C.

Created: 2023-12-21 10:54:56 [EST]
(Supp. No. 66, Update 1)

(3) Supportive housing is defined by California Government Code § 65582 and means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community.

Low barrier navigation center means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as defined in California Government Code§ 65660.

Multiple-family residential zones means those zones intended for multiple-family residential units as described in section 90-381 and similar sections in chapter 90.

Operator means any entity(ies) or person(s) who owns, manages, or operates a group home or boarding house.

Parolee-probationer means (i) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional or revocable release into the community under the supervision of a federal parole officer: (ii) any individual who has served a term of imprisonment in a state prison and who is serving a period of supervised community custody, as defined in Penal Code § 3000, and is under the jurisdiction of the California Department of Corrections, Parole and Community Services Division; (iii) an adult or juvenile sentenced to a term in the California Youth Authority and who has received conditional and revocable release into the community under the supervision of a Youth Authority Parole Officer; (iv) any individual who has been convicted of a felony, sentenced to any correctional facility, including county correctional facilities, and is under the jurisdiction of any federal, state, or county parole or probation officer: or (v) any person released to postrelease community supervision under the "Postrelease Community Supervision Act of 2011" (Penal Code § 3450 et seq.). For purposes of this paragraph "felony" means a felony as defined in any California or United States statute.

Parolee-probationer home means any boarding house, whether owned or operated by an individual or a forprofit or nonprofit entity, which houses two or more parolee-probationers unrelated by blood, marriage, or legal adoption, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of the parolee-probationer.

Single-family residential zones means those zones intended for single-family residential units as described in section 90-311 and similar sections in chapter 90.

Single housekeeping unit means an interactive group of persons jointly residing in a single dwelling unit exercising joint responsibility for and use of the dwelling's common areas, jointly sharing household expenses, jointly sharing household activities and responsibilities such as meals, chores, and household maintenance. A boarding house shall not be considered a single housekeeping unit. If a dwelling is leased or rented under a single written or oral lease or rental agreement, the makeup of the group of persons occupying the unit must be determined by the residents of the dwelling, not the landlord or property manager, to be a single housekeeping unit.

Small licensed residential care facility means a group home in which six or fewer individuals with a disability or children reside that provides onsite care, treatment or other services to its residents and that is required to be and is licensed by the State of California. Small licensed residential care facilities are exempt from the provisions of this division and shall be treated for purposes of applying the requirements of chapter 90 as a residential use of property occupied by a single housekeeping unit. Small licensed residential care facilities include without limitation the following, provided the number of residents does not exceed six: Intermediate care facilities for the developmentally disabled (Health and Safety Code § 1267.8(c)); congregate living health facilities (Health and Safety Code §§ 1267.8(c), 1267.16(a)); residential community care facilities, including foster family homes, small

21.C.

Created: 2023-12-21 10:54:56 [EST]
(Supp. No. 66, Update 1)

family homes, social rehabilitation facilities, community treatment facilities, alcohol and drug treatment facilities, and transitional shelter care facilities (Health and Safety Code §§ 1502, 1566.3); residential care facilities for persons with chronic life-threatening illnesses (Health and Safety Code § 1568.0831); residential care facilities for the elderly (Health and Safety Code § 1569.85); pediatric day health and respite care facilities (Health and Safety Code § 1761.4).

Transitional housing is defined by California Government Code § 65582 and means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a type of supportive housing used to facilitate the movement of people experiencing homelessness into permanent housing. A person experiencing homelessness may live in a transitional apartment for a predetermined period of time, however not less than six months while receiving supportive services that enable independent living. (Ord. No. 1852, § 3(Exh. A, § 90-272), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 2(§ 90-272)), 9-11-12; Ord. No. 1901 , § 1(Exh. 1), § 3(Exh. 3), 4-14-15; Ord. No. 1696(2020-008), § 6, 5-12-20; Ord. No. 1972, § 2, 2-9-21) Sec. 90-263. Applicability.

The provisions of this division shall apply to all boarding houses, parolee-probationer homes and group homes (except small licensed residential care facilities), and to all persons who own, manage, or operate them. (Ord. No. 1852, § 3(Exh. A, § 90-273), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 3(§ 90-273)), 9-11-12) Sec. 90-264. Permitted locations.
(a) Boarding houses are prohibited in all single-family residential zones. Subject to a conditional use permit, boarding houses are permitted in R-2 and R-3 multiple-family residential zones and O-P commercial zone. (b) Large group homes are prohibited in all single-family residential zones. Subject to an administrative use permit, large group homes of ten or fewer residents are permitted in the multiple-family residential zones.

Subject to a conditional use permit, large group homes of ten or fewer residents are permitted in the O-P commercial zone. Subject to a conditional use permit, large group homes of 11 or more residents are permitted in the multiple-family residential zones and in the O-P commercial zone. (c) Small group homes are permitted in single-family residential zones and R-2 and R-3 multiple-family residential zones, subject to the issuance of a small group home permit as provided in this division. Small group homes are permitted in the O-P commercial zone, subject to the issuance of a conditional use permit. (d) Small licensed residential care facilities are permitted in all single-family residential zones, R-2 and R-3 multiple-family residential zones. Small licensed residential care facilities are prohibited in the O-P commercial zone.
(e) Parolee-probationer homes are prohibited in or adjacent to all single-family residential zones and in all multiple-family residential zones. Subject to a conditional use permit, parolee-probationer homes are permitted in the O-P commercial zone.
(Ord. No. 1852, § 3(Exh. A, § 90-274), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 4(§ 90-274)), 9-11-12; Ord. No. 1929 , § 3(Exh. A-3), 6-13-17)

21.C.

Created: 2023-12-21 10:54:56 [EST]
(Supp. No. 66, Update 1)

Sec. 90-265. Reasonable accommodation.

Any individual with a disability, or their representative, or a developer or provider of housing for individuals with a disability may seek a reasonable accommodation from the provisions of chapter 90 under division 2 of this article.
(Ord. No. 1852, § 3(Exh. A, § 90-275), 6-12-12)
Sec. 90-266. Application for a small group home permit. (a) Any person or entity seeking to establish a small group home in a single-family residential or multiple-family residential (R-2 or R-3) zone shall first apply to the director for a small group home permit. The application for a small group home permit shall include the following information:
(1) Client profile (the subgroup of the population the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.); (2) The maximum number of occupants and the facility's hours of operation; (3) The term of client stay;
(4) The support services to be provided on-site and projected staffing levels; (5) The ownership, permit and license history of the applicant, owner, and operator, if applicable, in previously owning or operating such a dwelling, including the name and addresses of similar homes in the State of California owned or operated within the past five years; (6) A certification under penalty of perjury that none of the identified homes have been found by state or local authorities to be operating in violation of state or local law; and (7) An operations and management plan, as provided in the Uniform Building Code, and house rules (as defined in section 90-270) of this Code.
(8) Information demonstrating that the premises are in compliance with, or will prior to occupancy be brought into compliance with, the standards set forth in section 90-270 of this division. (9) The applicant must secure the inspection and report of the fire marshal and building official showing that the premises to be used are suitable under applicable uniform building and related codes to safely house the number of persons identified for residency in the dwelling. The building official shall determine the applicable use and occupancy classification for the premises for the purposes of the application of the uniform building and related codes.
(10) The names of all persons and entities with an ownership or leasehold interest in the use or home, or who will be an operator of the use or home, shall be disclosed in writing to the city, and such persons and entities shall not have a demonstrated pattern or practice of operating similar uses or homes in or out of the city in violation of state or local law.
(11) The use or home shall provide certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home. (b) The director shall grant the permit within 30 days after determining that the application for a small group home permit is complete. The director shall not deny an application for a small group home permit unless the director determines that the application is incomplete or, after reasonable investigation, the director determines that the applicant has provided information that is materially false, misleading or inaccurate or has made material misstatements on the application.

21.C.

Created: 2023-12-21 10:54:56 [EST]
(Supp. No. 66, Update 1)

(Ord. No. 1852, § 3(Exh. A, § 90-276), 6-12-12)
Sec. 90-267. Application for an administrative use permit.

An application for an administrative use permit shall be filed and processed with the city as provided in section 90-43 et seq., of this chapter. The following additional requirements shall apply to an administrative use permit under this division:
(a) In addition to the application requirements in section 90-43 et seq., the application shall also include the application requirements noted in section 90-266(a)(1) through (11). (b) The director shall grant or deny the permit within 90 days after determining the application for an administrative use permit is complete.
(Ord. No. 1852, § 3(Exh. A, § 90-277), 6-12-12)
Sec. 90-268. Application for a conditional use permit.

An application for a conditional use permit shall be filed and processed with the city as provided in section 90-42 et seq., of this chapter. The following additional requirements shall apply to a conditional use permit under this division:
(a) In addition to the application requirements in section 90-42 et seq., the application shall also include the application requirements noted in section 90-266(a)(1) through (11). (b) In the case of boarding houses and parolee-probationer homes, the director shall ascertain whether or not all persons who will have an ownership or leasehold interest in, or will be an operator of, a boarding house or parolee-probationer home have been convicted of a felony or any crime involving moral turpitude. The city shall cause fingerprints to be taken of the applicant, owner, and operator of such dwelling or facility.
(Ord. No. 1852, § 3(Exh. A, § 90-278), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 5(§ 90-278)), 9-11-12) Sec. 90-269. Findings for conditional use permits and administrative use permits.

In addition to the findings applicable to conditional use permits under section 90-42 et seq., and to administrative use permits under section 90-43 et seq., the decision making body shall make the following supplemental findings before approving or conditionally approving a conditional use permit or administrative use permit granted under this division:
(a) The boarding house, group home or parolee-probationer home includes sufficient on-site parking and traffic and transportation impacts have been mitigated to a level of insignificance. (b) The boarding house, group home or parolee-probationer home conforms to all applicable development standards.
(c) The property upon and structure(s) within which a boarding house, group home or paroleeprobationer home will be located is physically suited to accommodate the use. (d) The boarding house, group home or parolee-probationer home will be compatible with the character of the surrounding neighborhood, and the addition or continued maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of boarding houses, group homes or parolee-probationer homes in the vicinity of

21.C.

Created: 2023-12-21 10:54:56 [EST]
(Supp. No. 66, Update 1)

the proposed use. In making this finding or sustaining this finding, the decision making body shall consider as appropriate the following factors:
(1) The proximity of the boarding house, group home or parolee-probationer home to schools, parks, other similar and related uses, including small licensed residential care facilities, places where alcoholic beverages are sold or distributed to the public and any other uses which could be affected by, or affect the operation of, the use or the health, safety and welfare of the residents. (2) The existence of substandard physical characteristics of the area in which the boarding house, group home or parolee-probationer home is to be located such as lot widths, setbacks, narrow streets, limited available parking, nonconforming housing types, physical or economic conditions of blight, and other substandard characteristics which are pervasive in certain areas of the city. (3) Whether, in light of the factors applied in subsections (d)(1) and (d)(2) of this section, it would be appropriate to apply the American Planning Association standard of permitting one boarding house, group home or parolee-probationer home per block. For purposes of this paragraph, "block" means an area of land that is bounded on all sides by streets or by streets and a cul-desac or by any other form of termination of the street (i.e., dead-end not a cul-de-sac). In applying this factor, the decision making body shall take into consideration circumstances where, because of unusually long block or short block, application of the separation standard in section 90-270(i) would result in less than one use per block or more than two uses per block. (e) For boarding houses, group homes or parolee-probationer homes in or adjacent to residential zones:
(1) The operation of buses, vans, and other similar passenger carrying vehicles, to transport residents to and from off-site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding areas. (2) Arrangement for the delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. (3) Arrangement for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties.
(f) That none of the homes identified by the applicant in its application have been found by state or local authorities to be operating in substantial or persistent violation of state or local law. (g) That none of the persons who will have an ownership or leasehold interest in, or will be operators of, a boarding house or parolee-probationer home, have been convicted of a felony or any crime involving moral turpitude.
(Ord. No. 1852, § 3(Exh. A, § 90-279), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 6(§ 90-279)), 9-11-12) Sec. 90-270. Standards.

The following standards shall apply to boarding houses, group homes, and parolee-probationer homes requiring an administrative or conditional use permit or a small group home permit. Violation of any of these standards shall constitute grounds for revoking the permit:
(a) The property shall be used, maintained, occupied, and/or operated in conformity with a operation and management plan approved by the director and filed with the city. The plan shall ensure compliance with applicable state and local laws, ordinances, and regulations. (b) The property shall be used, maintained, occupied and/or operated in such a manner as to not permit public nuisances under article II of chapter 30 of this Code, public offenses under articles I, III and IV of

21.C.

Created: 2023-12-21 10:54:56 [EST]
(Supp. No. 66, Update 1)

chapter 46 of this Code, illegal parking under article IV of chapter 78 of this Code, and violations of state and federal laws regarding disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, solicitation, public urination, theft, assault, battery, vandalism, littering, loitering, solicitation, and lewd conduct. (c) The use shall not have any substantial adverse impacts on adjoining properties or land uses and shall be compatible with the character of the surrounding neighborhood. (d) The property shall comply with all setback, landscaping and other development standards of the underlying zone.
(e) Both indoor and outdoor common areas shall be provided on site. (f) No care, treatment or other services shall be provided on the property that would require licensure by the State of California. Large group homes holding a current and valid license from the State of California are exempt from this standard.
(g) There shall be no more than two residents per bedroom (except that three minor children may share a single bedroom), unless the decision-making body approved a higher occupancy limit in issuing the permit. The decision-making body shall not approve a higher occupancy limit unless it finds, based on substantial evidence in the record, that such limit is appropriate given the characteristics of the dwelling, the availability of parking, and the measures taken to adequately protect the public health, safety, peace, comfort, and welfare (including, but not limited to, the reasonable sanitary needs of residents).
(h) The use or home shall maintain certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home. (i) Group homes shall not be located within 300 feet, measured from the property lines, of any other group home, small licensed residential care facility, or parolee-probationer home. All other types of boarding houses, including, but not limited to, parolee-probationer homes, shall not be located within 1,000 feet, measured from the property lines, of any other boarding house, group home, small licensed residential care facility, or parolee-probationer home. Parolee-probationer homes shall not be located within 1,000 feet, measured from the property lines, of any child day care center, public or private elementary or secondary school, park, public library, public swimming pool, a commercial establishment with an on-site children's playground, or any place where classes or group activities for children are regularly held.
(j) All group homes shall (1) maintain and enforce house rules that, at a minimum, shall provide for the protection of occupant safety and require occupants to register weekly schedules with the onsite house manager; and (2) provide for an onsite house manager who shall be responsible for, at a minimum, enforcement of the house rules and supervision of occupant schedules. (Ord. No. 1852, § 3(Exh. A, § 90-280), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 7(§ 90-280)), 9-11-12) Sec. 90-271. Nonconforming uses.
(a) Group homes.
(1) Any small group home, other than a parolee-probationer home, operating in a single-family residential zone as of the date of the adoption of Hemet Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained.

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(2) Any small group home or large group home, other than a parolee-probationer home, operating in the R-2 or R-3 multiple-family residential zones or in the O-P commercial zone as of the date of the adoption of Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained. (b) Boarding houses. Any boarding house, other than a parolee-probationer home, operating in the R-2 or R-3 multiple-family residential zones or the O-P commercial zone as of the date of adoption of Ordinance 1798 (May 27, 2008) may remain in operation provided that a valid use permit, or such other valid permit as was required at the time, was obtained and such facility was in compliance with the applicable standards set forth in chapter 14, buildings and building regulations, and chapter 90, zoning, of this Code, at the time the permit was obtained.
(Ord. No. 1852, § 3(Exh. A, § 90-281), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 8(§ 90-281)), 9-11-12; Ord. No. 1929 , § 3(Exh. A-3), 6-13-17)
Sec. 90-272. Compliance.

The director may suspend or revoke a permit upon a determination that the boarding house, group home, or parolee-probationer home that is the subject of the permit violated any provisions of this division or any condition of the permit. Prior to such suspension or revocation, the granting authority shall set and conduct a hearing wherein the permit holder shall have the opportunity to be heard and present evidence in his/her defense. After such hearing the granting authority shall notify the permit holder in writing as to the outcome of the hearing. In the event that the permit is suspended or revoked, the permit holder may appeal to the city council but must do so within ten days of the date of the notification. The city council shall hear the appeal within ten days after the date of receipt of the notice of appeal.
(Ord. No. 1852, § 3(Exh. A, § 90-282), 6-12-12; Ord. No. 1855, § 2(Exh. A, § 9(§ 90-282)), 9-11-12) Sec. 90-273. Authority to inspect.

Any city official or authorized representative charged with enforcement responsibilities under this Municipal Code, state law or other government authority may enter and inspect the premises or perform any duty imposed by the municipal code or by state law, provided the owner, managers, operators, or lawful occupant(s) has consented to the inspection. The refusal by an owner, manager, operator, or occupant to permit such entry and inspection may be considered in any proceeding to suspend or revoke the permit. (Ord. No. 1852, § 3(Exh. A, § 90-283), 6-12-12)
Secs. 90-274—90-280. Reserved.

DIVISION 2. REASONABLE ACCOMMODATION2
2Editor's note(s)—Section 3, Exhibit A, of Ord. No. 1852, adopted June 12, 2012, added divs. 1 and 2, §§ 90-271— 90-310. Inasmuch as some of those section numbers already exist, to avoid duplication, said provisions have been redesignated to read as herein set out, and the original ordinance section designations have been included as part of the history note following each section.

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Sec. 90-281. Purpose.

In accordance with the fair housing laws, it is the purpose of this division to provide reasonable accommodations in the city's zoning and land use regulations (chapter 90 of this Code), of the city's policies, and practices implementing those regulations when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling.
(Ord. No. 1852, § 3(Exh. A, § 90-291), 6-12-12)
Sec. 90-282. Definitions.

The definitions provided in division 1 of this article (section 90-272) shall also apply within this division. For the purposes of this division, the following definitions shall also apply:

Major reasonable accommodation means a request to allow a use in a zone where it is otherwise not permitted or a request for a modification or exception to the substantive land use, zoning and development standards and regulations.

Minor reasonable accommodation means a modification or exception to the procedural requirements contained in this chapter, including, but not limited to, fee adjustments or deferrals, modification of application filing requirements, and modification of appeal filing requirements. (Ord. No. 1852, § 3(Exh. A, § 90-292), 6-12-12)
Sec. 90-283. Review authority.

The planning commission is designated to approve, conditionally approve, or deny all applications for a major reasonable accommodation, except that the director is hereby vested with authority to review and approve major reasonable accommodation applications that solely request a modification of development standards for uses requiring a small group home permit or an administrative use permit. The director, or his or her designee, is designated to approve, conditionally approve, or deny all applications for a minor reasonable accommodation, provided that the director may decide to allow the planning commission to determine whether to approve, conditionally approve, or deny an application for a minor reasonable accommodation if the director finds that the minor reasonable accommodation involves significant controversy or extraordinary circumstances. (Ord. No. 1852, § 3(Exh. A, § 90-293), 6-12-12)
Sec. 90-284. Application for reasonable accommodation.
(a) Applicant. A request for reasonable accommodation may be made by any individual with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. (b) Application. An application for a reasonable accommodation shall be made on a form provided by the community development department. No fee shall be required for an application for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.
(c) Other discretionary permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval, and may elect to have the reasonable accommodation request processed and decided simultaneously with the application

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for the other discretionary permit. In such cases, the procedures applicable to the other discretionary permit shall govern the processing of the reasonable accommodation request. A minor reasonable accommodation request seeking a modification or exception to procedural requirements shall not be processed simultaneously with any other discretionary permit.
(d) Required submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following:
(1) Documentation that the applicant is:
a. An individual with a disability;
b. Applying on behalf of one or more individuals with a disability; or c. A developer or provider of housing for one or more individuals with a disability; (2) The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant;
(3) Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; (4) Any other information that the Director reasonably concludes is necessary to determine whether the findings required by section 90-295(c) can be made, so long as any request for information regarding the disabled person benefited complies with fair housing law protections and the privacy rights of the individuals affected.
(e) Additional information. If necessary to reach a decision on a request for a reasonable accommodation, the decision-making body may request further information from the applicant. The deadline for the decisionmaking body to render a decision on the application for a reasonable accommodation shall be extended by the number of days it takes the applicant to fully respond to the request for additional information. (Ord. No. 1852, § 3(Exh. A, § 90-294), 6-12-12)
Sec. 90-285. Decision.
(a) Minor reasonable accommodations. The director shall mail his or her written determination to approve, conditionally approve, or deny a request for a minor reasonable accommodation to the applicant within 30 days of the receipt of a complete application for a minor reasonable accommodation. The mailed notice of decision shall inform the applicant that the decision of the director may be appealed to the planning commission within 14 days of the mailing of the notice. (b) Major reasonable accommodations.
(1) A major reasonable accommodation request that is filed concurrently with another application for a discretionary permit shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for the other discretionary permit filed concurrently with the reasonable accommodation request.
(2) If a major reasonable accommodation request is not filed concurrently with an application for another discretionary permit, then the notice, review, approval, and appeal procedures for an administrative use permit shall be followed if the proposed use is a small group home or large group home with up to ten residents. If the proposed use is a large group home with 11 or more residents then the notice, review, approval and appeal procedures for a conditional use permit shall be followed. The findings in section 90-269 and section 90-285(c) shall be made for a reasonable accommodation to be granted.

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(3) Notwithstanding the foregoing, the standard of review on appeal of a decision on a major reasonable accommodation shall not be de novo and the appellate body shall determine whether the findings made by the decision-making body are supported by substantial evidence presented during the hearing. The appellate body may sustain, reverse or modify the decision or remand the matter for further consideration, which remand shall include specific issues to be considered or a direction for a de novo hearing.
(c) Findings. The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which are required for approval:
(1) The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws.
(2) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling.
(3) The requested accommodation will not impose an undue financial or administrative burden on the city as undue financial or administrative burden is defined in fair housing laws. (4) The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as fundamental alteration is defined in fair housing laws. (5) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. (d) [Approving alternate accommodations.] In making findings the [sic] in subdivision (b), the decision maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.
(e) [Determination of provision of accommodations.] The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling:
(1) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability;
(2) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;
(3) In the case of a group home, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;
(4) In the case of a group home, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting.
(f) [Determination of alteration to accommodation.] The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:
(1) Whether the requested accommodation would fundamentally alter the character of the neighborhood; (2) Whether the accommodation would result in a substantial increase in traffic or insufficient parking; (3) Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan;

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(4) In the case of a group home, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
(g) Rules while decision is pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
(h) Effective date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made on such appeal and becomes final.
(Ord. No. 1852, § 3(Exh. A, § 90-295), 6-12-12)
Sec. 90-286. Expiration, time extension, violation, discontinuance and revocation. (a) Expiration. Any reasonable accommodation approved in accordance with the terms of this division shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:
(1) A building permit has been issued and construction has commenced; (2) A certificate of occupancy has been issued;
(3) The use is established; or
(4) A time extension has been granted.
(b) Time extension. The director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed one year. An application for a time extension shall be made in writing to the director no less than 30 days or more than 90 days prior to the expiration date. (1) Notice. Notice of the director's decision on a time extension shall be provided as specified in this chapter. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process.
(2) Appeal of determination. A time extension for a reasonable accommodation shall be final unless appealed within 14 calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in this chapter. (e) Violation of terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.
(f) Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Code, and (2) the accommodation is necessary to give another individual with a disability an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are individuals with a disability. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. (g) Revocation. Procedures for revocation shall be as prescribed by section 90-43 et seq., of this chapter.

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(Ord. No. 1852, § 3(Exh. A, § 90-296), 6-12-12)
Sec. 90-287. Amendments.

A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. (Ord. No. 1852, § 3(Exh. A, § 90-297), 6-12-12)
Secs. 90-288—90-290. Reserved.

DIVISION 3. RESERVED3
3Editor's note(s)—Ord. No. 1935 , § 2, adopted August 8, 2017, repealed division 3, §§ 90-291—90-299, which pertained to sex offender registry restrictions and derived from Ord. No. 1846, § 1(Exh. A(90-311—90-319)), adopted February 28, 2012.

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Secs. 90-291—90-300. Reserved.

DIVISION 4. EMERGENCY SHELTERS
Sec. 90-301. Purpose.

To establish supplemental development standards for emergency shelters that:
(a) Ensure that adequate sites to accommodate emergency shelters are available. (b) Provide regulations for the development, maintenance, and operation of emergency shelters. (c) Meet the requirements of Government Code § 65583(a)(4). (d) Contribute to the provision of a variety of housing types in compliance with state law and the general plan housing element.
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-302. Emergency shelter defined.

Emergency shelter shall have the meaning ascribed to it in Government Code § 65582(d) and Health and Safety Code § 50801(e), as such sections may be amended from time to time, and which presently define the term "emergency shelter" to mean housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-303. Applicability.

To accommodate the city's emergency shelter needs:
(a) Emergency shelters shall be permitted in the commercial-manufacturing (CM) zone subject to issuance of a conditional use permit pursuant to section 90-42 and the development and management standards in section 90-304.
(b) As of the effective date of the ordinance from which this division derives, As of the effective date of this ordinance, an the emergency shelter existing in the C-1 overlay zone has been established for property located at 200 E. Menlo Avenue, known as Valley Restart, which and operated by Valley Restart Shelter, Inc., accommodates the city's need for emergency shelter pursuant to Government Code § 65583(a)(4)(C) and 65583(a)(7). This An eemergency shelter is permitted by right at this location, subject to the development and management standards outlined in Article XXVI. Division 4 Emergency Shelter Overlay Zone. and is not required to comply with the development standards of this division unless:
(i) The use or building is significantly altered or expanded, as determined by the community development director;
(ii) The use is terminated for a continuous 6 month period; or (iii) The use regularly exceeds its capacity of five single men, five single women, and nine family rooms to house a parent and dependent children.

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If any of the foregoing events occur, the existing emergency shelter may continue or recommence the use of the same property as an emergency shelter by right, but shall be subject to the development and management standards in section 90-304.
(c) Emergency shelters shall be subject only to the development and management standards of the underlying zone and the provisions of this article. In the event of an inconsistency, the standards of this article shall prevail.
(d) Emergency shelters established within the boundaries of the Hemet-Ryan Airport land use compatibility zones may be subject to review by the Riverside County Airport Land Use Commission in accordance with the adopted airport land use plan.
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-303.5. Shelter crisis.
(a) Applicability. Notwithstanding any other requirements of this division, the following provisions shall only be effective for the duration of a shelter crisis, as declared by the city council pursuant to Government Code § 8698.2. Upon the expiration of the city's shelter crisis declaration, or the repeal or expiration of the ordinance codified in this section, the emergency shelter must immediately cease its expanded emergency sleeping cabin operations and immediately return the site to its previous condition. Approvals issued pursuant to this section are not property, have no value, and do not create vested rights or confer nonconforming status.
(b) Emergency sleeping cabins.
(1) For purposes of this section 90-303.5, "emergency sleeping cabin" shall mean a relocatable hard-sided structure, constructed in accordance with chapter 14, article XIV of this Code, which may be occupied only for emergency shelter.
(2) For the duration of the shelter crisis, emergency sleeping cabins shall be allowed on the site(s) identified in subsection 90-303(b) in the approved Palette Shelter Village area depicted below as necessary to accommodate the city's need for emergency shelter pursuant to Government Code § 65583, provided the emergency sleeping cabins comply with all applicable building, health, and safety standards set forth herein.

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(c) Site plan.
(1) To establish emergency sleeping cabins, an emergency shelter provider shall submit to the city a site plan for the emergency sleeping cabins that complies with the standards set forth in chapter 14, article XIV of this Code.
(2) To protect occupants in the event of an emergency, the site plan must also satisfy the following requirements:
a. A fire flow of 1,500 gpm at 20 psi residual pressure shall be available from hydrants within 600 feet of the furthest point of any building;
b. Approved fire apparatus access shall be within 150 feet of any point of the building; c. Fire sprinklers designed to 2016 2022 NFPA 130 may be required; d. The site shall conform to all pertinent requirements of the Americans with Disabilities Act ( https://www.ada.gov/pcatoolkit/chap7shelterchk.htm );
e. At least one accessible route shall be provided within the site from accessible parking spaces and accessible parking loading zones, public streets and sidewalks, and public transportation stops, to the accessible building or facility entrance they serve. If more than one route is provided, all routes must be accessible;
f. The site shall provide adequate space for emergency response vehicles; and g. As part of the site plan, a building egress plan shall be provided to the building department for review and approval.
(3) A site plan must be approved prior to the establishment of emergency sleeping cabins on a site. The city manager, or his or her designee, shall have the ability to impose any and all site conditions necessary to ensure the adequate protection of life, health, and property. (d) Management. Emergency sleeping cabin operators shall comply with the development and management standards set forth in subsections 90-304(a), (c)—(f), and (h)—(n), including the submission of an onsite

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management plan. A management plan must be approved by the city prior to the establishment of emergency sleeping cabins on a site. The city manager, or his or her designee, shall have the ability to impose any and all management conditions necessary to ensure the adequate protection of life, health, and property.
(e) Inspection. The city shall have a right to inspect the site to ensure compliance with the requirements set forth herein.
(f) Violations. Violations of this chapter include:
(1) Operating emergency sleeping cabins without an approved site plan, or failing to operate emergency sleeping cabins in accordance with an approved site plan, pursuant to subsection (c) above; (2) Operating emergency sleeping cabins without an approved management plan, or failing to operate emergency sleeping cabins in accordance with an approved management plan, pursuant to subsection (d) above;
(3) Failing to maintain facilities in good repair;
(4) Denying or otherwise interfering with the city's inspection of the site pursuant to subsection (e) above; (5) Failing to abide by the management standards set forth in subsection (d) above; (6) Failing to comply with any other provision of this Code, including those provisions in chapter 30; and (7) Failing to comply with state and local health, environmental, and safety standards. (g) Enforcement. In addition to other remedies allowed by law, any person who violates this chapter or operates an unauthorized emergency sleeping cabin facility may be subject to civil action, including (but not limited to) a petition for the appointment of a receiver under Health and Safety Code § 17980 et seq., administrative penalties, criminal citation, and all other actions set forth in [chapter 1] of this Code. Violations of this chapter are hereby declared a public nuisance. All remedies prescribed under this section shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing provisions hereof.
(h) Sunset. The provisions set forth in this section 90-303.5 and chapter 14, article XIV of this Code shall expire 12 months after the effective date of the ordinance codified in this section, unless earlier extended by ordinance. The provisions set forth herein are intended to be temporary, and the city manager, or his or her designee, is hereby directed to study and develop a permanent regulatory framework by which emergency sleeping cabins may be utilized during the existence of a shelter crisis. (Ord. No. 2022-2000, § 2, 6-28-22)
Sec. 90-304. Development and management standards.

In accordance with the authority granted in Government Code § 65583(a)(4)(C), all emergency shelters shall comply with the following development and management standards except as provided in Article XXVII, Division 4 Overlay Zone :
(a) On-site management. The emergency shelter provider shall prepare and file a management plan with the community development department that includes clear operational rules and standards, including, but not limited to, staff training, security, screening of clients, mechanisms to address loitering, management of outdoor areas, and opportunities for training, counseling, and treatment programs for residents.

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(b) Maximum number of beds. The Emergency shelter shall limit the number of beds available nightly to 35, unless a greater number of beds is allowed as a condition of approval to the use's conditional use permit.
(c) Parking. The emergency shelter shall accommodate sufficient parking for staff given that it does not require more parking for emergency shelters than other residential or commercial uses within the same zone have not less than one space for every four beds available in the emergency shelter, plus one space for each staff person.
(d) Client intake area. The client intake area shall be not less than 500 square feet in total floor area. (e) Outdoor activity. For purposes of noise abatement and neighborhood compatibility, outdoor activities on site are limited to the hours of 9:00 a.m. to 9:00 p.m. (f) Length of stay. An emergency shelter client may not stay at the facility for more than 180 consecutive days.
(g) Location.
(i.) The shelter shall be located at least 1,000 feet, as measured from property line to property line, from another emergency shelter.
(ii.) The emergency shelter must be located within one-half mile of a bus stop or transit station. (h) Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity that is compatible with the neighborhood.
(i) Security. Parking and outdoor facilities shall be designed to provide security for residents, visitors, and employees. On-site supervisorial personnel shall be provided at a minimum ratio of one staff person for every 15 beds during operational hours.
(j) Refuse collection. Refuse collection areas shall conform to the requirements for multiple-family housing in section 90-457.
(k) Signage. Signage identifying the name and address of the facility is required pursuant to sign standards for institutional uses in section 90-1255.
(l) Business license. A city business license is required to operate an emergency shelter pursuant to chapter 18 of the Hemet Municipal Code.
(m) Bathroom and laundry facilities. The emergency shelter shall provide sufficient bathroom and laundry facilities pursuant to chapter 14 of the Hemet Municipal Code. (n) Accessibility. The shelter must meet Americans with Disabilities Act (ADA) accessibility and adaptability requirements.
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Sec. 90-305. Findings for denial.

The city shall not disapprove an emergency shelter, or condition approval in a manner that renders the project infeasible for development for an emergency shelter, including through the use of design review standards, unless the city makes one or more of the following findings in writing, based upon substantial evidence in the record, as required by Government Code § 65589.5(d):
(a) The city has adopted a housing element pursuant to this article 10.6 of title 7, division 1, chapter 3 of the Government Code and:

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(1) The housing element has been revised in accordance with Government Code § 65588; (2) The housing element is in substantial compliance with Article 10.6 of Title 7, Division 1, Chapter 3 of the Government Code; and
(3) The city has met or exceeded the need for emergency shelter, as identified pursuant to Government Code § 65583(a)(7).

Any disapproval or conditional approval shall not be based on any of the reasons prohibited by Government Code § 65008. Any disapproval or conditional approval pursuant to this section shall be in accordance with applicable law, rule, or standards. (b) The emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development of the emergency shelter financially infeasible. As used in this subsection, the term "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.
(c) The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.
(d) The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. (e) The emergency shelter is inconsistent with both the city's zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the city has adopted a revised housing element in accordance with Government Code § 65588 that is in substantial compliance with article 10.6 of title 7, division 1, chapter 3 of the Government Code.
(Ord. No. 1867, § 1(Exh. A1), 8-13-13)
Secs. 90-306—90-310. Reserved.

21.C.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - May 28 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Approval of the City Council Regular Meeting Minutes of April 23, 2024, and May 14, 2024 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve the City Council Regular Meeting Minutes of April 23, 2024, and May 14, 2024.

STRATEGIC PLAN INTEGRATION:

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

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

Objective 2: Increase transparency for the public.

ATTACHMENT(S):

Attachment 1: City Council Meeting - Apr 23 2024 - Minutes Attachment 2: City Council Meeting - May 14 2024 - Minutes

22.A.

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, April 23, 2024

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

2. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 7:06 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Pro Tem Peterson presiding.

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

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

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier
*City Clerk Maier announced that Mayor Males requested to participate remotely under the Just Cause provisions under AB 2449 and noted that Mayor Males is appearing remotely due to a health restriction.

Mayor Males noted that there is no one present in the room with him during participation of the City Council Meeting.

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 4-0, to accept Mayor Males’ request to participate remotely under the provisions of AB 2449.

4. INVOCATION
Invocation was given by Tou Yang.

22.A.

5. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Lilienthal.

6. COMMUNICATIONS FROM THE PUBLIC
Mayor Pro Tem Peterson asked for Public Comments, the following citizen spoke: Terry Larned, Ernesto Alvarado, Josh Sibole, Mik (on behalf of Martha Bazan), Kevin Pearson, Eloy Alvarez, Donald Park, and Philip Sinclair.

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

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

7. PRESENTATIONS
Council Member Lilienthal presented the Asian American & Pacific Islander Month Proclamation to Tou Yang.

7.A Proclamation for Asian American & Pacific Islander Month Mayor Pro Tem Peterson noted that the Proclamation would be presented on April 27th at the Ramona Pageant.

7.B Proclamation for The Arias Troubadours
Council Member Carole Kendrick presented the Proclamation for Arbor Day to the Hemet Women’s Club and the Rotary Club.

7.C Proclamation for Arbor Day
Council Member Lilienthal presented the Mental Health Month Proclamation to Brenda Scott.

7.D Proclamation for May is Mental Health Month
Deputy Executive Director Aaron Hake presented the County of Riverside Traffic Relief Plan Presentation.

7.E County of Riverside Traffic Relief Plan Presentation Mayor Pro Tem Peterson recessed the City Council Regular Meeting to the City Council Special Meeting.

8. SPECIAL MEETING - 7:15 P.M. OR SHORTLY AFTER

22.A.

9. CALL TO ORDER
Mayor Pro Tem Peterson called the Special Meeting to Order.

22.A.

10. ROLL CALL
City Clerk Maier announced that all members were present.

11. PUBLIC COMMENT PERIOD - ITEMS ON SPECIAL MEETING AGENDA Mayor Pro Tem Peterson asked for Public Comment; no one spoke.

12. PRESENTATIONS

12.A Proclamation for Honoring Anne Mayer, Riverside County Transportation Commission Executive Director
Council Member Krupa presented the Proclamation, honoring Anne Mayer to Deputy Director Aaron Hake.

13. ADJOURNMENT OF SPECIAL MEETING, RETURN TO REGULAR MEETING Mayor Pro Tem adjourned the meeting and returned to Regular Session.

14. PUBLIC HEARING

14.A An Annual Review and Approval of the Annual Report for the Hemet Police Department's Specialized Equipment Use Policy, Per Ordinance 1998, Section 38-3
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to approve the Annual Report for the Hemet Police Department's Specialized Equipment Use Policy, per Ordinance 1998, Section 38-3.

15. RECEIVE AND FILE

15.A City of Hemet Budget Adjustments Dated February 29, 2024 Action:

By consensus, the City Council received and filed the City of Hemet Budget Adjustments Dated February 29, 2024.

15.B Receive and file the Annual Comprehensive Financial Report and Single Audit Report Ending June 30, 2023
Action:

22.A.

By consensus, the City Council received and filed the Annual Comprehensive Financial Report and Single Audit Report for the fiscal year ended June 30, 2023.

22.A.

15.C Riverside County Civil Grand Jury Recruitment
Action:

By consensus, the City Council received and filed the presentation for Riverside County Civil Grand Jury Recruitment.

City Attorney Graham requested to add two Closed Session items to the agenda as “Significant Exposure to Litigation” came to the City’s attention after the posting of the agenda.

Mr. Graham noted that the items may be taken at the end of the City Council Regular Meeting and will be reported at the next Regular Meeting. MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to add:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

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

16. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the Consent Calendar.

16.A A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Agreement for the Purchase of Office Furniture and Installation Services Between the City of Hemet and G/M Business Interiors in an Amount Not to Exceed $64,360.69 for the Hemet Police Department Community Services and Volunteer Sub-Station at 3570 West Florida Avenue in the City of Hemet
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-046 of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute an Agreement for the Purchase of Office Furniture and Installation Services Between the City of Hemet and G/M Business Interiors in an Amount Not to Exceed $64,360.69 for the Hemet Police Department Community Services and Volunteer Sub-Station at 3570 West Florida Avenue in the City of Hemet.

16.B Approval of the City Council Special Meeting Minutes of April 3, 2024 Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the City Council Special Meeting Minutes of April 3, 2024.

22.A.

16.C A Resolution of the City Council of the City of Hemet, California, Accepting the Funding Award in the Amount of $240,915 from the State of California, Department of Recycling Resources and Recovery, Through the SB 1383 Local Assistance Grant Program (OWR4) and Authorizing the Administrative Services Director to Record Revenues to Account 110-0454 in the Amount of $240,915, and to Record a Supplemental Appropriation of $240,915 in the Public Works Park Fund 110-4250-2801 for Eligible Funding Expenditures Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-047 of the City Council of the City of Hemet, California, Accepting the Funding Award in the Amount of $240,915 from the State of California, Department of Recycling Resources and Recovery, Through the SB 1383 Local Assistance Grant Program (OWR4) and Authorizing the Administrative Services Director to Record Revenues to Account 110-0454 in the Amount of $240,915, and to Record a Supplemental Appropriation of $240,915 in the Public Works Park Fund 110-4250-2801 for Eligible Funding Expenditures.

16.D Accept Building Forward Infrastructure Grant from the California State Library Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-048 of the City Council of the City Of Hemet, California, Accepting the Building Forward Infrastructure Grant from the California State Library in the amount of $2,020,098 and authorizing the Administrative Services Director to establish appropriations of $2,020,098 in miscellaneous Grant Fund 266 and $505,025 in Library Development Impact Fee Fund 363 to add solar panels and a backup generator at the Hemet Public Library and authorize the City Manager or designee to execute all documents and contracts for this project.

16.E A Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Two (2) Top Ranked Firms for OnCall, As Needed Professional Services for Hydrology, Hydraulic, and Water Quality Management Plan Preparation and Plan Checks and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-049 of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to the Two (2) Top Ranked Firms for On-Call, As Needed Professional Services for Hydrology, Hydraulic, and Water Quality

22.A.

Management Plan Preparation and Plan Checks and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney.

16.F A Resolution of the City Council of the City of Hemet, California, Awarding Vance Corporation the Citywide Street Rehabilitation Project, CIP 5690, in the Amount of $1,869,564, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or approximately $186,957; Approving Materials Testing in the Amount of $30,000; Authorizing the Administrative Services Director to Appropriate an Additional $839,913 from the Fund Balance of Fund 221 Road Maintenance and Rehabilitation Account (RMRA) to fund the total project cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-050 of the City Council of the City of Hemet, California, Awarding Vance Corporation the Citywide Street Rehabilitation Project, CIP 5690, in the Amount of $1,869,564, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or approximately $186,957; Approving Materials Testing in the Amount of $30,000; Authorizing the Administrative Services Director to Appropriate an Additional $839,913 from the Fund Balance of Fund 221 Road Maintenance and Rehabilitation Account (RMRA) to fund the total project cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

16.G 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
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-051 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.

22.A.

17. DISCUSSION - ACTION ITEMS

17.A 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
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2024-052 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

17.B 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
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2024-053 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.

17.C A Resolution of the City Council of the City of Hemet, California, Approving a Recovered Organic Waste and Recycled-Content Paper Product Procurement Policy
Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2024-054 of the City Council of the City of Hemet, California, Approving a Recovered Organic Waste and Recycled-Content Paper Product Procurement Policy.

22.A.

17.D 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 Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to Adopt a Resolution 2024-055 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

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

MOTION BY MAYOR MALES, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5- 0, to add labor negotiations to a future Closed Session meeting to a date uncertain.

CITY MANAGER MARK PRESTWICH
None.

19. ADJOURNMENT
There being no further business, Mayor Pro Tem Peterson recessed to Closed Session at 9:40 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on May 14, 2024.

APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John P. Maier, MBA, MMC
Mayor City Clerk

22.A.

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, May 14, 2024

1. WORK STUDY – 4:00 P.M.

2. CALL TO ORDER
The City Council of the City of Hemet met this date in a Work Study at 4:08 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

3. ROLL CALL

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

5. WORK STUDY ITEM

5.A Fiscal Year 2024-2025 Budget Workshop
Action:

By consensus, the City Council received and filed a Fiscal Year 2024-25 Budget Workshop presentation.

6. ADJOURNMENT OF WORK STUDY
Mayor Males adjourned the Meeting at 5:22 p.m.

7. CLOSED SESSION – 5:00 P.M.

8. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 5:22 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

22.A.

City Council Meeting
May 14, 2024

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

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

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier

10. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545 Mayor Males asked for Public Comments; Judith McPherson spoke.

Council recessed into Closed Session at 5:25 p.m.

11. DISCUSSION ITEMS

11.A CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation
Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 Number of Cases (2)

11.B CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Mark Prestwich, City Manager or Designee
All Employee Groups: HFFA, HMMA, HPMA, HPOA, and Unrepresented Employees

12. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 7:00 P.M.

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

14. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Meeting at 7:04 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

22.A.

City Council Meeting
May 14, 2024

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

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

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier

16. INVOCATION
Invocation was given by Kristian Ticas.

17. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Krupa.

18. CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Graham stated settlement direction was provided for Item 4.A for Litigation Cases by a vote of 5-0, from the 6:00 p.m. Closed Session. City Attorney provided the Closed Session Report for April 23, 2024, noting that settlement direction was provided for the Litigation Cases by a vote of 5-0.

18.A City Attorney’s Report regarding Closed Session

19. COMMUNICATIONS FROM THE PUBLIC
Mayor Males asked for Public Comments, the following citizens spoke: Carrol & Trish, Roger LeClerc, Stella Johnson, Jan Bissell, Bruce Ortiz, Mik (on behalf of Martha Bazan), Vanita and Mayra.

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

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

20. PRESENTATIONS
Mayor Pro Tem Peterson presented the Military Appreciation Month Proclamation to Larry Blair.

20.A Proclamation for Military Appreciation Month
Mayor Males announced that the Military Certificates of Appreciation would be presented at future event.

20.B Certificates for Military Appreciation

22.A.

City Council Meeting
May 14, 2024
Council Member Krupa presented the National Police Week Proclamation to Captain Brock and staff.

20.C Proclamation for National Police Week
Council Member Kendrick presented the National Public Works Week to Public Works Director Noah Rau.

20.D Proclamation for National Public Works Week
The VA Community Based Outpatient Clinic Proclamation was presented at the grand opening event on May 13, 2024.

20.E Proclamation for VA Community Based Outpatient Clinic Council Member Lilienthal presented the Youth Apprenticeship Week Proclamation to Fire Chief Eddie Sell and Cecila Gonzalez.

20.F Proclamation for Youth Apprenticeship Week
Mayor Males announced that the Proclamation would be issued at a future event.

20.G Proclamation In Honor of the Centenarian to Raymond "Rusty" Strait Mayor Males announced that the Proclamation would be issued at a future event.

20.H Proclamation Honoring Sergeant Jamie Gonzalez for 19 Years of Service

21. PUBLIC HEARING

21.A A Resolution of the City Council of the City of Hemet, California, Adopting a Schedule of User and Regulatory Fees for Various City Services Mayor Males opened the Public Hearing.

Mayor Males asked for public comments; no one spoke.

Mayor Males closed the Public Hearing.

Action:

MOTION BY MAYOR PRO TEM PETERSON, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 4-1 (COUNCIL MEMBER KENDRICK VOTING NO), to adopt Resolution 2024-056 of the City Council of the City of Hemet, California, Adopting a Schedule of User and Regulatory Fees for Various City Services.

22.A.

City Council Meeting
May 14, 2024

22. RECEIVE AND FILE

22.A The City of Hemet Warrant Registers Dated March 21, 2024, in the amount of $2,465,719.83, and April 4, 2024, in the amount of $1,869,043.80. The Payroll Periods of March 4, 2024 – March 17, 2024, in the amount of $833,578.65, and March 18, 2024 – March 31, 2024, in the amount of $847,175.77 Action:

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

22.B City of Hemet Budget Adjustments Dated March 31, 2024.

Action:

By consensus, the City Council received and filed the City of Hemet Budget Adjustments Dated March 31, 2024.

23. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 23.B and 23.C for separate consideration.

23.A A Resolution of the City Council of the City of Hemet, California Approving Additional Construction Expenditures for the 2022-23 SB1 Pavement Rehabilitation Project, CIP 5755, Not to Exceed an Additional $43,900, for a Total Project Cost of $2,605,900 and Authorizing the Administrative Services Director to Appropriate an Additional $43,900 from Fund 221 Road Maintenance and Rehabilitation Account (RMRA) to the Project Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2024-057 of the City Council of the City of Hemet, California Approving Additional Construction Expenditures for the 2022-23 SB1 Pavement Rehabilitation Project, CIP 5755, Not to Exceed an Additional $43,900, for a Total Project Cost of $2,605,900 and Authorizing the Administrative Services Director to Appropriate an Additional $43,900 from Fund 221 Road Maintenance and Rehabilitation Account (RMRA) to the Project.

23.B A Resolution of the City Council of the City of Hemet, California, Approving Final Parcel Map 37794, Located West of Girard Street and North of Cajon Drive
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2024-058 of the City Council of the City of Hemet, California, Approving Final Parcel Map 37794, Located West of Girard Street and North of Cajon Drive.

22.A.

City Council Meeting
May 14, 2024

23.C A Resolution of the City Council of the City of Hemet, California, Approving the Development Impact Fee (DIF) Credit and Reimbursement Agreement for Facility Construction By and Between the City of Hemet and Richland Ventures, Inc. Associated with Specific Improvements Identified in the Agreement Related to Specific Plan 12-001 and Authorize the City Manager to Execute the Credit and Reimbursement Agreement as Approved in Final Form and Format by the City Attorney
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2024-059 of the City Council of the City of Hemet, California, Approving the Development Impact Fee (DIF) Credit and Reimbursement Agreement for Facility Construction By and Between the City of Hemet and Richland Ventures, Inc. Associated with Specific Improvements Identified in the Agreement Related to Specific Plan 12-001 and Authorize the City Manager to Execute the Credit and Reimbursement Agreement as Approved in Final Form and Format by the City Attorney, as amended.

23.D A Resolution of the City Council of the City of Hemet, California, Rejecting all Bids for the Hemet Auto Mall Pavement Rehabilitation Project, CIP 5761 and Authorizing the City Manager to Re-advertise the Project for Bids Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2024-060 of the City Council of the City of Hemet, California, Rejecting all Bids for the Hemet Auto Mall Pavement Rehabilitation Project, CIP 5761, and Authorizing the City Manager to Re-advertise the Project for Bids.

23.E A Resolution of the City Council of the City of Hemet, California Accepting a Dedication for Public Use for Street and Public Utility Purposes (Aqueduct Road)
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2024-061 of the City Council of the City of Hemet, California, Accepting a Dedication for Public Use for Street and Public Utility Purposes (Aqueduct Road).

22.A.

City Council Meeting
May 14, 2024

23.F A Resolution of the City Council of the City of Hemet, California, Approving the City of Hemet's Five-Year Measure 'A' Local Streets and Roads Capital Improvement Plan (CIP) for Fiscal Year 2024-2025 through Fiscal Year 2028- 2029 for the Riverside County Transportation Commission (RCTC) Measure 'A' Local Funds Program.

Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt Resolution 2024-062 of the City Council of the City of Hemet, California, Approving the City of Hemet's Five-Year Measure 'A' Local Streets and Roads Capital Improvement Plan (CIP) for Fiscal Year 2024-2025 through Fiscal Year 2028-2029 for the Riverside County Transportation Commission (RCTC) Measure 'A' Local Funds Program

23.G Approval of the City Council Regular Meeting Minutes of April 9, 2024 Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the City Council Regular Meeting Minutes of April 9, 2024.

23.H Waive the City of Hemet Permitting Fees for the Planned June 23, 2024 Summer Valley Kickoff Festival
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the waiver of City of Hemet permitting fees of $1,660.66, for the inaugural June 23, 2024 Summer Valley Kickoff Festival presented by the City of Hemet in Partnership with Neighborhood Link and the Hemet-San Jacinto Chamber of Commerce at the Hemet Public Library.

24.. DISCUSSION - ACTION ITEMS

24.A An Ordinance of the City Council of the City of Hemet, California, Amending the Hemet Municipal Code to Authorize Storefront Commercial Cannabis Businesses
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY MAYOR MALES, CARRIED 5-0, to waive the full reading and introduce the Ordinance 2033 of the City Council of the City of Hemet, California, Amending the Hemet Municipal Code to Authorize Storefront Commercial Cannabis Businesses and direct the City Clerk to set a second reading and adoption at the next regular meeting on the consent calendar.

22.A.

City Council Meeting
May 14, 2024

24.B Homeless Outreach Ad-Hoc Committee Update
Action:

By consensus, the City Council received and filed the Homeless Outreach Ad-Hoc Committee Update.

24.C A Resolution of the City Council of the City of Hemet, California, Awarding the Purchase of a Commander Tractor Drawn Aerial Apparatus (TDA) from Rosenbauer in the Amount of $2,154,876, and Authorizing the Administrative Services Director to Record a Supplemental Appropriation in the Amount of $1,174,210 to Fund 332 and $980,666 to Fund 380 for the Purchase, and Authorizing the City Manager to Execute All Documents Regarding the Purchase Order
Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to adopt Resolution 2024- 063 of the City Council of the City of Hemet, California, Awarding the Purchase of a Commander Tractor Drawn Aerial Apparatus (TDA) from Rosenbauer in the Amount of $2,154,876, and Authorizing the Administrative Services Director to Record a Supplemental Appropriation in the Amount of $1,174,210 to Fund 332 and $980,666 to Fund 380 for the Purchase, and Authorizing the City Manager to Execute All Documents Regarding the Purchase Order and allocating $125,000 to be deducted from the Fiscal Year 2024-25 Budget.

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

CITY MANAGER PRESTWICH
City Manager Prestwich announced the Hemet Beautification Contest with a Council District Nomination process through August 4, 20224, highlighted the movies in the park on June 28, 2024, July 26, 2024, and August 30, 2024, and replacement of the elevators in the Library and Simpson Center have commenced.

18. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 9:59 p.m. The next Regular City Council Meeting will be at 7:00 p.m. on May 28, 2024.

APPROVAL: ATTEST:
_______________________________
Joe Males
_____________________________
John P. Maier, MBA, MMC
Mayor City Clerk

22.A.

City Council Meeting
May 14, 2024

22.A.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - May 28 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Jilleen Ferris, Deputy Public Works Director/Assistant City Engineer; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving a Funding/Cooperative Agreement Between the City of Hemet and Riverside County Flood Control and Water Conservation District for the Design and Construction of the West Hemet Master Drainage Plan Line C, Stage 3, Storm Drain Facility and Authorizing the City Manager to Execute the Agreement in the Final Form and Format as Approved by the City Attorney
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 Funding/Cooperative Agreement Between the City of Hemet and Riverside County Flood Control and Water Conservation District for the Design and Construction of the West Hemet Master Drainage Plan Line C, Stage 3, Storm Drain Facility and Authorizing the City Manager to Execute the Agreement in the Final Form and Format as Approved by the City Attorney.

BACKGROUND:

The West Hemet Master Drainage Plan encompasses the westerly portion of the City of Hemet roughly bounded by Menlo Avenue to the north, the Metropolitan Water District (MWD) Aqueduct to the west, Highway 79 (north of Florida Avenue) and Sanderson Avenue (south of Florida Avenue) to the east, and the Hemet Channel to the south. A major flooding area for the City is at the downstream end of the Seattle Basin at Cawston Avenue. The existing Seattle Basin does not have an outlet, and flows have to be pumped out of the Seattle Basin when the basin is near capacity.

During large storm events, the temporary pump systems cannot keep up with the flows entering the basin, and Seattle Basin overtops, flooding Cawston Avenue, and portion of Seattle Street. This also has a backwater effect on the systems discharging into the Seattle Basin, creating flooding issues upstream of the system.

The Line C, Stage 3 storm drain is identified in the West Hemet Master Drainage Plan as the outlet facility for the Seattle Basin, conveying flows from the Seattle Basin to the future Devonshire Retention Basin located within the Ramona Creek project.

22.B.

ANALYSIS:

The City of Hemet requested Capital Improvement Program (CIP) funding for Zone 4 from Riverside County Flood Control and Water Conservation District (RCFC&WCD) for Fiscal Year 2024-25 Funding. Currently, RCFC&WCD has allocated $145,455 for Fiscal Year 2024-25 and $4,527,545 for Fiscal Year 2026-29.

DISCUSSION:

The City of Hemet and RCFC&WCD wish to enter into an agreement for the design and construction of the Line C, Stage 3 Master Drainage Plan Storm Drain system. The cost associated with the design, hydrology and hydraulics, and other related studies shall be provided by RCFC&WCD, and the City will be the lead agency managing the design of the system. The cost associated with the construction of the storm drain shall also be provided by RCFC&WCD, with the City being the lead agency managing the project during construction. The total RCFC&WCD contribution shall not exceed $4,673,000.

PREVIOUS COUNCIL ACTION:

There have been no previous action items.

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.

FISCAL IMPACT:

There is no fiscal impact to the City’s General Fund.

ALTERNATIVE(S):

1. Do not approve the Funding/Cooperative Agreement.

2. Provide alternative direction to the City Manager.

REVIEWED BY LEGAL:
☐ Staff report ☐ Resolution
☐ Ordinance ☐ Agreement
ATTACHMENT(S):

Attachment 1 - West Hemet MDP Line C, Stage 3 Resolution

22.B.

Attachment 2 - DRAFT Cooperative Agreement - West Hemet MDP Line C

22.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, APPROVING A

FUNDING/COOPERATIVE AGREEMENT BETWEEN THE

CITY OF HEMET AND RIVERSIDE COUNTY FLOOD

CONTROL AND WATER CONSERVATION DISTRICT FOR

THE DESIGN OF AND CONSTRUCTION OF THE WEST
HEMET MASTER DRAINAGE PLAN LINE C, STAGE 3,

STORM DRAIN FACILITY AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT IN THE

FINAL FORM AND FORMAT AS APPROVED BY THE
CITY ATTORNEY.

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

WHEREAS, the West Hemet Master Drainage Plan encompasses the westerly portion of the City of Hemet; and
WHEREAS, a major area of flooding for the City is at the downstream end of the Seattle Basin at Cawston Avenue as the existing Seattle Basin does not currently have an outlet; and
WHEREAS, the lack of an outlet causes flows to overtop Seattle Basin, and thus flood Cawston Avenue and portions of Seattle Street; and WHEREAS, the Line C, Stage 3 storm drain is identified in the West Hemet Master Drainage Plan as the outlet facility for the Seattle Basin, conveying flows from the Seattle Basin to the future Devonshire Retention Basin located within the Ramona Creek Project; and

22.B.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, the City requested Capital Improvement Program funding for Zone 4 for Riverside County Flood Control and Water Conservation District (RCFC&WCD) for Fiscal Year 2024-2025; and
WHEREAS, the City of Hemet and RCFC&WCD wish to enter into an agreement for the design and construction of the Line C, Stage 3 Master Drainage Plan Storm Drain system; and
WHEREAS, the cost associated with the design and construction of the storm drain will be provided by RCFC&WCD, with the City of Hemet being the lead agency, in an amount not to exceed $4,673,000.

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

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

SECTION 2. AGREEMENT APPROVAL - The City Council hereby approves a Funding/Cooperative Agreement between the City of Hemet and Riverside County Flood Control and Water Conservation District for the design and construction of the West Hemet Master Drainage Plan Line C, Stage 3, Storm Drain facility.

SECTION 3. AUTHORIZATION - The City Council hereby authorizes the City Manager to execute the Funding/Cooperative Agreement in the final form as approved by the City Attorney.

SECTION 4. EFFECTIVE DATE - The resolution shall be effective upon adoption by the City Council.

22.B.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 28th day of May, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

22.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 28th day of May, 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

22.B.

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FUNDING / COOPERATIVE AGREEMENT
West Hemet MDP Line C, Stage 3
Project No. 4-0-00235
Miscellaneous No. 207
This Funding/Cooperative Agreement ("Agreement"), dated as of , is entered into by the Riverside County Flood Control and Water Conservation District, a body corporate and politic ("DISTRICT") and the City of Hemet, a municipal corporation ("CITY").

DISTRICT and CITY are collectively referred to herein as "Parties" and individually as "Party".

The Parties hereto agree as follows:

RECITALS
A. DISTRICT has budgeted for and CITY has plans to design and construct West Hemet MDP Line C, Stage 3 ("LINE C STAGE 3") to address ongoing flooding issues in the area. Upon construction completion, LINE C STAGE 3 will be a functional equivalent of the West Hemet Master Drainage Plan Line C storm drain facility; and B. LINE C STAGE 3, as shown in concept in blue on Exhibit "A", attached hereto and made a part hereof, and as shown on District Drawing No. 4-1175, includes approximately 600 feet of reinforced concrete box southwesterly at the intersection of Myers Street and Devonshire Avenue and will outlet to a proposed basin to be constructed as part of Tract Map No. 36510. The system will continue for approximately 4,700 feet of earthen open channel from Myers Street and extend easterly along Devonshire Avenue, continuing east and north along Cawston Avenue to the Valley-Wide Recreation and Park District's maintained Seattle Basin; and
C. Associated with the construction of LINE C STAGE 3, are certain inlets, connector pipes and storm drains that are thirty-six inches (36") or less in diameter within CITY rights of way, hereinafter called "APPURTENANCES"; and

22.B.

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D. LINE C STAGE 3 and APPURTENANCES are hereinafter called "PROJECT"; and
E. CITY is willing to assume the lead role for PROJECT and, therefore, will provide the administrative, technical, managerial and support services necessary to plan, design and construct PROJECT; and
F. CITY desires that DISTRICT include certain unavoidable utility relocations as part of DISTRICT's financial contribution to construct PROJECT. "UTILITY RELOCATIONS" is defined as (i) the relocation of CITY owned utilities that conflict with the construction of PROJECT; and (ii) the unavoidable relocation of utilities not owned by CITY that (a) conflict with the construction of PROJECT; and (b) cannot be relocated by others under CITY's franchise authority. These certain unavoidable UTILITY RELOCATIONS shall be included in the public works construction contract for PROJECT; and G. Due to the Parties' mutual interest in PROJECT, DISTRICT wishes to support CITY's efforts by providing a financial contribution to implement PROJECT; and H. DISTRICT is willing to provide a financial contribution towards PROJECT and shall be as follows, subject to the not to exceed amount provided in Recital I below:
i. One hundred percent (100%) of costs associated with engineering design, hydrology and hydraulics, geo-technical analysis and potholing required to complete the design of PROJECT; California Environmental Quality Act ("CEQA") determination; preparation, application, and acquisition of the environmental clearance and permits if required for PROJECT; and other typical ancillary costs related to the preparation of improvement plans ("DESIGN CONTRIBUTION"). However, DESIGN CONTRIBUTION shall

22.B.

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not include the fees associated with the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"); and ii. In the event that CITY chooses to hire an engineering consulting firm to prepare the improvement plans, DISTRICT is also willing to contribute an additional ten percent (10%) of design proposal cost to offset CITY's administrative costs associated with design contract administration ("DESIGN ADMIN"); and
iii. One hundred percent (100%) of the lowest responsible bid contract price for construction of PROJECT and the costs associated with UTILITY RELOCATIONS ("CONSTRUCTION
CONTRIBUTION"); and
iv. Up to an additional ten percent (10%) of CONSTRUCTION CONTRIBUTION to offset CITY's administrative costs associated with construction, contract administration and other typical ancillary costs related to the delivery of PROJECT ("CONSTRUCTION ADMINISTRATION CONTRIBUTION"); and
v. Up to an additional ten percent (10%) of CONSTRUCTION CONTRIBUTION for construction contract change orders
("CONSTRUCTION CHANGE ORDERS CONTRIBUTION"); and
I. Altogether, DESIGN CONTRIBUTION, DESIGN ADMIN,

CONSTRUCTION CONTRIBUTION, CONSTRUCTION ADMINISTRATION
CONTRIBUTION, and CONSTRUCTION CHANGE ORDERS CONTRIBUTION are hereinafter called "TOTAL DISTRICT CONTRIBUTION". TOTAL DISTRICT CONTRIBUTION for PROJECT shall not exceed a total of Four Million Six Hundred SeventyThree Thousand Dollars ($4,673,000); and

22.B.

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J. CITY agrees to fund and secure all remaining costs of PROJECT that exceeds TOTAL DISTRICT CONTRIBUTION, as set forth herein; and K. The Parties recognize and acknowledge that LINE C STAGE 3 will not become a fully functioning flood control drainage system until such time that the proposed construction of the Devonshire Retention Basin is completed for an adequate downstream outlet to collect and convey the 100-year event storm runoff tributary to and from the area.

Devonshire Retention Basin is hereinafter called "PROPOSED DEVONSHIRE BASIN"; and L. PROPOSED DEVONSHIRE BASIN is to be constructed pursuant to a separate Cooperative Agreement between the DISTRICT, CITY and Developer for Tract Map No. 36510. Said Cooperative Agreement is hereinafter called the "DEVONSHIRE RETENTION BASIN AGREEMENT". DISTRICT will not accept LINE C STAGE 3 for ownership, operation and maintenance until PROPOSED DEVONSHIRE BASIN, is completed pursuant to its respective Cooperative Agreement and accepted for ownership, operation and maintenance by DISTRICT; and
M. CITY is willing to assume ownership, operation and maintenance responsibilities of LINE C STAGE 3 on an interim basis as set forth herein, with the recognition and understanding that the actual acceptance of LINE C STAGE 3 for ownership, operation and maintenance responsibilities by DISTRICT is entirely dependent upon: (i) the construction of PROPOSED DEVONSHIRE BASIN being complete; (ii) DISTRICT acceptance of ownership and responsibility for the operation and maintenance of PROPOSED DEVONSHIRE BASIN; (iii) LINE C STAGE 3 being constructed in accordance with plans and specifications approved by DISTRICT and as set forth herein; (iv) DISTRICT's sole determination that LINE C STAGE 3 is in a satisfactorily maintained condition, and (v) LINE C STAGE 3 is fully functioning as a flood control drainage system as solely determined by the DISTRICT; and

22.B.

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N. DISTRICT and CITY acknowledge it is in the best interest of the public to proceed with the construction of PROJECT at the earliest possible date; and O. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the design, construction, ownership, operation and maintenance of PROJECT and the payment of TOTAL DISTRICT CONTRIBUTION.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to the California Environmental Quality Act ("CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. Upon execution of this Agreement, issue a first invoice to DISTRICT (Attn:

Special Projects Section) for fifty percent (50%) of DESIGN CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) for PROJECT.

3. Provide DISTRICT an opportunity to review and approve PROJECT engineering design cost proposal and associated design schedule. As PROJECT design progresses, CITY shall update said design schedule as requested by DISTRICT.

4. Prepare or cause to be prepared the necessary plans, bid documents and specifications for PROJECT, hereinafter called "IMPROVEMENT PLANS", in accordance with the applicable DISTRICT and CITY standards, and submit to DISTRICT (Attn: Special Projects

22.B.

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Section) for its review, comment and approval prior to advertising PROJECT for construction bids.

5. Make reasonable efforts during the preparation of IMPROVEMENT PLANS to avoid utility conflicts associated with UTILITY RELOCATIONS.

6. Keep an accurate accounting of all PROJECT costs associated with the TOTAL DISTRICT CONTRIBUTION as set forth in Recital I and provide this accounting along with future invoices to DISTRICT. The final accounting of construction costs shall include a detailed breakdown of all costs, including, but not limited to, payment vouchers, approved change orders and other such construction contract documents as may be necessary to establish the actual costs associated with PROJECT.

7. Prior to advertising PROJECT for public works construction contract, secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. Such documents may include, but are not limited to, a Section 404 permit issued by the U.S. Army Corps of Engineers, a Section 401 Water Quality Certification issued by the California Regional Water Quality Control Board ("CRWQCB"), a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife, and a National Pollutant Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCB and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS"). CITY shall also provide DISTRICT an opportunity to review, comment on and approve, as appropriate, all applications for REGULATORY PERMITS prior to submitting the application to the applicable regulatory agencies.

8. Ensure REGULATORY PERMITS, including any subsequent renewal or amendments thereto, will not (i) unreasonably impede DISTRICT's ability to perform all necessary operation and maintenance activities for LINE C STAGE 3, as determined by

22.B.

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DISTRICT, or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within PROJECT's right of way.

9. Assume sole responsibility for compliance with the requirements of all REGULATORY PERMITS, including any amendments thereto, pertaining to the construction, operation and maintenance of PROJECT.

10. At its sole cost and expense, prepare, or cause to be prepared, all rights of way and easements documents, legal and plats, aerial topography and survey control, including any requests for waivers and variances from policies ("RIGHTS OF WAY"), deemed necessary for the construction, operation and maintenance of LINE C STAGE 3, and submit to DISTRICT (Attention: Real Estate Services) for its review and approval.

11. Following the signing of improvement plans by all Parties, issue a second invoice to DISTRICT (Attn: Special Projects Section) for (i) the remainder of DESIGN CONTRIBUTION and, if applicable, (ii) DESIGN ADMIN. The invoice shall include an accounting of all design costs associated with the preparation of plans and specifications for PROJECT, a copy of the signed improvement plans, including, and if applicable, the associated design contract administration cost. TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) for PROJECT.

12. Prior to advertising PROJECT for public works construction contract, secure at its sole cost and expense, all necessary permits, licenses, agreements, approvals, RIGHTS OF WAY, rights of entry and construction easements, necessary to construct, inspect, operate and maintain PROJECT.

13. Comply with all mitigation measures including all applicable provisions of CEQA, the MSHCP and any CITY established conditions of approval for PROJECT.

22.B.

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14. Prior to advertising PROJECT for public works construction contract, provide DISTRICT an opportunity to make a determination on all REGULATORY PERMITS and RIGHTS OF WAY documents. DISTRICT approval of IMPROVEMENT PLANS may be withheld when, in the sole judgment of DISTRICT's General Manager – Chief Engineer, the REGULATORY PERMITS or RIGHTS OF WAY documents unreasonably constrain, inhibit or impair DISTRICT's ability to operate and maintain LINE C STAGE 3.

15. Be responsible for any and all additional regulatory, mitigation and/or litigation costs, and/or mitigation measures to PROJECT resulting from this Agreement and/or Permits.

16. At the time of providing IMPROVEMENT PLANS as set forth in Section I.11., and prior to soliciting of bids for the construction of PROJECT pursuant to Section I.19., ensure DISTRICT is provided, with duly executed easement(s) to the public for flood control and drainage purposes, including ingress and egress, or grant deed(s) of fee title where appropriate, for the rights of way deemed necessary by DISTRICT for the construction, inspection, operation and maintenance of LINE C STAGE 3. The easement(s) or grant deed(s) shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property described in the easement(s) or grant deed(s).

17. At the time of recordation of the conveyance document(s) as set forth in Section I.16., furnish DISTRICT with policies of title insurance, each in the amount of not less than (i) fifty percent (50%) of the estimated fee value, as determined by DISTRICT, for each easement parcel to be conveyed to DISTRICT, or (ii) one hundred percent (100%) of the estimated fee value, as determined by DISTRICT, for each fee parcel to be conveyed to DISTRICT, guaranteeing DISTRICT's interest in said property as being free and clear of all liens, encumbrances, assessments, easements, taxes and leases (recorded or unrecorded), except those which, in the sole discretion of DISTRICT, are deemed acceptable.

22.B.

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18. Prior to awarding a public works construction contract for PROJECT, provide DISTRICT seven (7) calendar days following construction bid opening to review and approve or reject bids for construction of PROJECT. DISTRICT may only reject bids found by DISTRICT to be unreasonably high.

19. Advertise, award and administer a public works construction contract for PROJECT of the bids pursuant to the applicable provisions of the California Public Contract Code. At the time of advertising for bids, provide DISTRICT with a copy of IMPROVEMENT PLANS and any subsequent addenda thereto.

20. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works construction contract for PROJECT. The written notice shall include CITY contractor's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.

21. At the time of providing written notice of the award of a construction contract as set forth in Section I.20, issue a third invoice to DISTRICT (Attention: Special Projects Section) for the payment of CONSTRUCTION CONTRIBUTION subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) for PROJECT.

22. Prior to commencing construction of PROJECT, procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance, including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to

22.B.

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DISTRICT. At minimum, the procured insurance coverages should adhere to DISTRICTꞌs required insurance provided in Exhibit "B", attached hereto and made a part hereof.

23. Prior to commencing construction of PROJECT, schedule and conduct a mandatory pre-construction meeting between CITY, CITY's construction manager, CITY's construction contractor(s), DISTRICT and other affected entities. CITY shall notify DISTRICT (Attention: Special Project Section) in writing at least twenty (20) days prior to conducting the pre-construction meeting.

24. Prior to commencing construction of PROJECT, furnish DISTRICT with final mylar PROJECT plans and assign ownership of PROJECT plans to DISTRICT.

25. Furnish DISTRICT, at the time of providing written notice of intent to start construction as set forth in Section I.20, with a construction schedule which shall show the order and dates in which CITY or CITY's contractor proposes to carry on the various parts of work, including estimated start and completion dates

26. Not permit any change to, or modification of, the DISTRICT and CITY approved IMPROVEMENT PLANS that would result in a change of functionality or maintainability of PROJECT without DISTRICT's prior written permission and consent. Failure to do so shall be deemed a material breach of this Agreement and shall authorize and constitute authority for DISTRICT, at its sole discretion, to provide written notice to CITY that DISTRICT is unable to: a) perform its obligations hereunder, and b) to accept responsibility for ownership, operation and maintenance of LINE C STAGE 3 due, either in whole or in part, to said breach of this Agreement.

27. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works contract in accordance with IMPROVEMENT PLANS approved by DISTRICT and CITY.

22.B.

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28. Require its construction contractor(s) to comply with all Cal/OSHA safety regulations including regulations concerning confined space and maintain a safe working environment for all CITY and DISTRICT employees on the site.

29. Relocate or cause to be relocated, at its sole cost and expense, all conflicting CITY owned utilities. CITY shall also order the relocation of all other utilities installed by permit or franchise within CITY rights of way which conflict with the construction of PROJECT.

30. Require its construction contractor(s) to furnish DISTRICT (Attention:

Contract Management Section) with a confined space procedure specific to PROJECT. The procedure shall comply with requirements contained in California Code of Regulations, Title 8, Section 5158, Other Confined Space Operations, Section 5157, Permit Required Confined Space and District confined Space Procedures, SOM-18. The procedure shall be provided to DISTRICT no less than twenty (20) days prior to requesting that DISTRICT perform a final inspection for acceptance of PROJECT. The procedure shall be reviewed and approved by DISTRICT prior to conducting the final inspection.

31. Inspect PROJECT construction or cause PROJECTꞌs construction to be inspected by its construction manager, and pay all costs associated therewith. In the event CITY wishes to utilize DISTRICTꞌs construction inspection, materials testing and construction survey services, CITY shall provide DISTRICT with a written request (Attn: Special Projects) for such services. However, CITY will continue to serve as construction contract manager.

32. Perform all survey and construction staking work as needed for PROJECT as specified herein.

33. Furnish, or cause its construction manager to furnish, all construction survey and materials testing services necessary to ensure PROJECT construction is accomplished in accordance with the DISTRICT and CITY approved IMPROVEMENT PLANS.

22.B.

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34. Grant DISTRICT, by execution of this Agreement, the right to enter upon property owned or controlled by CITY where necessary and convenient for the purpose of gaining access to, and performing inspection service for, the construction of PROJECT.

35. Within two (2) weeks of completing PROJECT construction, provide DISTRICT with written notice (Attention: Construction Management Section) that PROJECT construction is substantially complete and requesting that DISTRICT conduct a final inspection of LINE C STAGE 3.

36. Upon completion of PROJECT construction, accept ownership and sole responsibility for the operation and maintenance of APPURTENANCES and LINE C STAGE 3 upon (i) CITY inspection of PROJECT in accordance with Section I.31., (ii) CITY acceptance of PROJECT construction as being complete, (iii) DISTRICT acceptance of LINE C STAGE 3 construction as being complete, and (iv) CITY receipt of stamped and signed record drawings of LINE C STAGE 3 plans as set forth in Section II.17.

37. Following CITY's acceptance of LINE C STAGE 3 for ownership, operation and maintenance and prior to DISTRICT's acceptance of ownership and responsibility for the operation and maintenance of LINE C STAGE 3, LINE C STAGE 3 shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, LINE C STAGE 3 is not in an acceptable condition, corrections shall be made at CITY's sole expense.

38. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Recorded Notice of Completion. The recorded Notice of Completion shall be accompanied by the final accounting of all PROJECT construction costs as set forth in Section I.6. The final accounting of construction costs shall include, but not limited to, payment vouchers, approved change orders and other such construction contract documents as may be

22.B.

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necessary to establish the actual cost of construction for DISTRICT and CITY approved IMPROVEMENT PLANS.

39. At the time of providing a Notice of Completion as set forth in Section I.38, and if applicable, issue a fourth invoice to DISTRICT (Attention: Special Projects Section) for CONSTRUCTION ADMINISTRATION CONTRIBUTION and CONSTRUCTION CHANGE ORDERS CONTRIBUTION, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) for PROJECT.

40. Upon completion of PROJECT construction but prior to DISTRICT's acceptance of LINE C STAGE 3 for ownership, operation and maintenance, provide DISTRICT with appropriate engineering documentation necessary to establish that LINE C STAGE 3 was constructed in accordance with DISTRICT-approved and CITY-approved IMPROVEMENT PLANS.

41. Upon completion of PROJECT construction, but prior to DISTRICT acceptance of LINE C STAGE 3 for ownership, operation and maintenance, CITY shall convey or cause to be conveyed to DISTRICT the flood control easement(s) or grant deed(s) of fee title, where appropriate, as deemed necessary by DISTRICT for the operation and maintenance of LINE C STAGE 3. The easement(s) or grant deed(s) shall be in a form approved by DISTRICT and shall be executed by all legal and equitable owners of the property(ies) described in the easement(s) or grant deed(s).

42. Upon completion of PROJECT construction but prior to CITY's acceptance of LINE C STAGE 3 and APPURTENANCES for ownership, operation and maintenance, provide or cause its civil engineer of record or construction civil engineer of record, duly registered in the State of California, to provide DISTRICT and CITY with redlined "record drawings" of IMPROVEMENT PLANS. After DISTRICT and CITY approval of the redlined

22.B.

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"record drawings", CITY's engineer shall schedule with DISTRICT and CITY a time to transfer the redlined changes into DISTRICT's original mylars at DISTRICT's office, after which the engineer shall review, stamp and sign mylars "record drawings".

43. Refund to DISTRICT, at the time of providing a Notice of Completion as set forth in Section I.38., any unexpected portions of TOTAL DISTRICT CONTRIBUTION.

SECTION II
DISTRICT shall:

1. Act as a Responsible Agency under CEQA, taking all necessary and appropriate action to comply with CEQA for PROJECT.

2. Within thirty (30) business days of receiving CITY's first invoice to DISTRICT, pay CITY for fifty percent (50%) of DESIGN CONTRIBUTION as set forth in Section I.2, subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) for PROJECT.

3. At its sole cost and expense, review, comment and make a determination on CITY's PROJECT engineering design cost proposal and associated design schedule.

4. Review IMPROVEMENT PLANS in accordance with the applicable DISTRICT and CITY standards and approve IMPROVEMENT PLANS prior to advertising PROJECT for construction bids as set forth in Section I.4.

5. Within thirty (30) business days of receiving CITY's second invoice to DISTRICT, pay CITY for the remaining fifty percent (50%) of DESIGN CONTRIBUTION following the signing of IMPROVEMENT PLANS as set forth in Section I.11., subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) for PROJECT.

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6. At its sole cost and expense, review, comment and make a determination, as appropriate, on all applications for REGULATORY PERMITS prior to CITY submitting the applications to the applicable regulatory agencies as set forth in Sections I.7. and I.14.

DISTRICT may withhold approval of IMPROVEMENT PLANS when, in the sole judgment of DISTRICT's General Manager – Chief Engineer, REGULATORY PERMITS unreasonably constrains, inhibits or impairs DISTRICT's ability to operate and maintain LINE C STAGE 3.

7. At its sole cost and expense, review, comment and approve, as appropriate, all RIGHTS OF WAY necessary for the construction and operation and maintenance of PROJECT pursuant to Sections I.11. and I.14.

8. Record, or cause to be recorded, the easement(s) or grant deed(s) provided by CITY pursuant to Section I.16.

9. Within seven (7) calendar days following CITY's public works construction bid opening, review and approve or reject bids for construction of PROJECT. CITY shall follow State law and its Municipal Code related to public works contracts. DISTRICT may only reject bids found by DISTRICT to be unreasonably high and shall not unreasonably withhold approval of contract.

10. Within thirty (30) business days of CITY awarding PROJECT construction contract, pay the Western Riverside County Regional Conservation Agency the mitigation fee for PROJECT per the 2004 Implementing Agreement for the MSHCP, which is either the lesser of (i) three percent (3%) of the lowest responsible bid price, or (ii) three percent (3%) of lowest responsible bid price less the value of applicable project-specific mitigation. This amount is separate and apart from the Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) PROJECT amount.

11. Within thirty (30) business days of receiving CITY's third invoice to DISTRICT, pay CITY for CONSTRUCTION CONTRIBUTION as set forth in Section I.21,

22.B.

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subject to and provided that TOTAL DISTRICT CONTRIBUTION shall not exceed the total amount of Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) for PROJECT.

12. Inspect construction of LINE C STAGE 3.

13. In the event CITY wishes to utilize DISTRICTꞌs construction inspection, materials testing and construction survey services, and CITY provides DISTRICT with a written request for such services, DISTRICT shall provide a timely response whether or not they have the resources to perform such services. If DISTRICT wishes to provide such services, DISTRICT shall provide all necessary construction inspection, materials testing and construction survey services for PROJECT and assist CITY as needed with the administration of PROJECT's construction contract. DISTRICT hereby agrees to pay all DISTRICT costs associated with the inspection of PROJECT construction, as set forth herein.

14. Upon receipt of CITY's Notice of Completion that PROJECT construction is substantially complete, conduct a final inspection of LINE C STAGE 3.

15. Pay CITY, withing thirty (30) business days after receipt of CITY's fourth invoice, for CONSTRUCTION ADMINISTRATION CONTRIBUTION and if applicable, CONSTRUCTION CHANGE ORDERS CONTRIBUTION, as set forth in Section I.39., subject to and provided that TOTAL DISTRICT CONTRIBUTION does not exceed a total sum of Four Million Six Hundred Seventy-Three Thousand Dollars ($4,673,000) for PROJECT.

16. Accept ownership and responsibility for the operation and maintenance of LINE C STAGE 3 from CITY once all of the following takes place: (i) DISTRICT's inspection of LINE C STAGE 3 in accordance with Section I.35., (ii) DISTRICT's acceptance of LINE C STAGE 3 construction as being complete, (iii) DISTRICT's receipt of CITY's recorded Notice of Completion as set forth in Section I.38., (iv) DISTRICT's receipt of appropriate engineering documentation as set forth in Section I.40., (v) DISTRICT's acceptance of all necessary rights of

22.B.

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way, easements or grant deeds as set forth in Section I.41., (vi) DISTRICT's receipt of policies of title insurance for the rights of way, easements or grant deeds as set forth in Section I.17., (vii) DISTRICT receipt of stamped and signed "record drawings" of PROJECT plans, as set forth in Section I.42., (v) CITY acceptance of APPURTENANCES for ownership, operation, and maintenance, (vi) DISTRICT acceptance of PROPOSED DEVONSHIRE BASIN construction as being complete, (vii) DISTRICT acceptance of PROPOSED DEVONSHIRE BASIN for ownership, operation and maintenance, (viii) LINE C STAGE 3 is fully functioning as a flood control drainage system as solely determined by DISTRICT, and (ix) DISTRICT's sole determination that LINE C STAGE 3 is in a satisfactorily maintained condition.

17. Provide CITY with a reproducible duplicate copy of "record drawings" of IMPROVEMENT PLANS upon; (i) DISTRICT acceptance of PROJECT construction as being complete, and (ii) DISTRICT receipt of stamped and signed "record drawings" of IMPROVEMENT PLANS as set forth in Section I.42.

18. Prior to DISTRICT acceptance of ownership and responsibility for the operation and maintenance of LINE C STAGE 3, LINE C STAGE 3 shall be in a satisfactorily maintained condition as solely determined by DISTRICT. If, subsequent to the inspection and, in the sole discretion of DISTRICT, LINE C STAGE 3 is not in an acceptable condition, corrections shall be made at sole expense of CITY.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein this agreement TOTAL DISTRICT CONTRIBUTION shall not exceed a total sum of Four Million Six Hundred SeventyThree Thousand Dollars ($4,673,000) for PROJECT and shall be used by CITY solely for the purpose of the design and construction of said PROJECT as set forth herein. No additional

22.B.

255820
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funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.

2. In the event the actual construction cost for PROJECT is less than CONSTRUCTION CONTRIBUTION, CITY shall refund the difference to DISTRICT within thirty (30) days of filing the Notice of Completion for PROJECT.

3. In the event CITY's construction contractor does not complete the construction of PROJECT in accordance with DISTRICT standards, CITY shall complete the PROJECT utilizing the bonds and insurances secured for PROJECT.

4. DISTRICT, the County of Riverside, the State of California or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. CITY agrees to maintain such records for possible audit for a minimum of three (3) years after final payment.

CITY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

5. CITY shall indemnify, defend and hold harmless, and require its construction contractor(s) to indemnify, defend and hold harmless, the Riverside County Flood Control and Water Conservation District, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as "Indemnitees") from any liability whatsoever, based or asserted upon any acts, omissions or services of CITY or CITY's construction contractor(s), its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including, but not limited to, property damage, bodily injury or death, or any other element of any kind or nature whatsoever arising from the performance of CITY or

22.B.

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CITY's construction contractor(s), their officers, employees, subcontractors, agents or representatives ("Indemnitors") from this Agreement. CITY or CITY's construction contractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited to, attorney fees, cost of investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

6. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT and the County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY's indemnification to Indemnitees as set forth herein.

7. CITY's obligation hereunder shall be satisfied when CITY has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved.

8. The specified insurance limits required in this Agreement shall in no way limit or circumscribe CITY's obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

9. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve CITY from indemnifying the Indemnitees to the fullest extent allowed by law.

10. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

22.B.

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11. This Agreement is to be construed in accordance with the laws of the State of California.

12. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by the Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

13. Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other Party. Any attempt to delegate or assign any interest herein shall be deemed void and of no effect.

14. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

15. Any and all notices sent or required to be sent to the Parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF HEMET
AND WATER CONSERVATION DISTRICT 445 E. Florida Avenue
1995 Market Street Hemet, CA 92543
Riverside, CA 92501 Attn: Noah Rau
Attn: Contracts Services Section

16. This Agreement is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

17. Any waiver by DISTRICT or CITY of any breach by any other Party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other

22.B.

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breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other Party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or stopping DISTRICT or CITY from enforcing this Agreement.

18. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution toward PROJECT as set forth herein. In the event that such funds are not forth coming for any reason, DISTRICT shall immediately notify CITY in writing. Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.

19. This Agreement is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be changed or modified only upon the written consent of the Parties hereto.

20. No alternation or variation of the terms of this Agreement shall be valid unless made in writing and signed by both Parties, and no oral understanding or agreement not incorporated herein shall be binding on either Party hereto.

21. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this.

22. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17) for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are

22.B.

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intended to authenticate this writing and to have the same force and effect as manual signatures.

Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//

22.B.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on .
(to be filled in by Clerk of the Board)
RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
By
JASON E. UHLEY
General Manager-Chief Engineer
By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors
APPROVED AS TO FORM: ATTEST:

MINH C. TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board
By

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel
By
Deputy
(SEAL)
Funding / Cooperative Agreement with City of Hemet
West Hemet MDP Line C, Stage 3
Project No. 4-0-00235
Miscellaneous No. 207
04/24/24
AMR:blj

22.B.

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RECOMMENDED FOR APPROVAL: CITY OF HEMET
By

MARK PRESTWICH
City Manager
APPROVED AS TO FORM: ATTEST:

By
NAME
City Attorney
By

JOHN PAUL MAIER
City Clerk
(SEAL)
Funding / Cooperative Agreement with City of Hemet
West Hemet MDP Line C, Stage 3
Project No. 4-0-00235
Miscellaneous No. 207
04/24/24
AMR:blj

22.B.

ACACIAAVE
C
AW
S
T
O
N
AV
E

DEVONSHIRE AVE

MENLO AVE
M
Y
E
R
S
S
T
S
A
N
D
E
R
S
O
N
AV
E
SH-74
C
AW
S
T
O
N
AV
E

SEATTLE BASIN

CAVENDISH
BASIN
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community LEGEND

DEVONSHIRE RETENTION BASIN

VALLEY WIDE MAINTAINED FACILITY

EXISTING CITY FACILITIES
LINE C, STAGE 3
West Hemet MDP Line C, Stage 3
Project No. 4-0-00235
MS 207

COOPERATIVE AGREEMENT
.

22.B.

Exhibit B
Insurance Requirements ׀ Page 1 of 5
DISTRICT's Insurance Requirements is as follows:

CITY's contractor(s) shall not commence operations until DISTRICT has been furnished with original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section.

Without limiting or diminishing CITY's contractor(s) obligation to indemnify or hold DISTRICT harmless, CITY contractor(s) shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverage's during the term of this Agreement.

As respects to the insurance section only, the DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, the County of Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.

A. Workers' Compensation:

If CITY contractor(s) has employees as defined by the State of California, CITY contractor(s) shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT.

B. Commercial General Liability:

Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's contractor(s) performance of its obligations hereunder. Policy shall name the DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

C. Vehicle Liability:

If CITY's contractor(s) vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then CITY contractor(s) shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall

22.B.

Exhibit B
Insurance Requirements ׀ Page 2 of 5
name the DISTRICT as Additional Insureds.

D. Pollution and Asbestos Liability:

CITYꞌs contractor(s) shall obtain, at its sole expense and keep in effect during the term of the contract, Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) covering CITYꞌs contractor(s) liability for a third-party bodily injury and property damage arising from pollution conditions caused by the CITYꞌs contractor(s) while performing their operations under the contract. The insurance coverage shall apply to sudden and accidental pollution events. Any coverage restriction as to time limit for discovery of a pollution incident and/or a time limit for notice to the insurer must be accepted by the DISTRICT. The insurance coverage shall also respond to cleanup cost. This coverage may be written in combination with the commercial general liability insurance or professional liability insurance.

CITYꞌs contractor(s) shall maintain Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. The policy shall be endorsed to state that the general aggregate limit of liability shall apply separately to this contract. Any self-insured retention/deductible amount shall be submitted to the DISTRICT for review and approval. If CITYꞌs contractor(s) maintains broader coverage and/or higher limits than the minimums shown above, the DISTRICT requires and shall be entitled to the broader coverage and/or higher limits maintained by CITYꞌs contractor(s). Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the DISTRICT.

In the event, CITYꞌs contractor(s) encounters materials on the site that is believed to be asbestos or polychlorinated biphenyl (PCB) which has not been rendered harmless, CITYꞌs contractor(s) shall immediately stop work in the area affected and report the condition to the DISTRICT in writing. The work in the affected area shall not thereafter be resumed except by written agreement of the DISTRICT and CITY, if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless, by written agreement of the DISTRICT and CITY.

22.B.

Exhibit B
Insurance Requirements ׀ Page 3 of 5
CITYꞌs construction contractor(s) shall not be required to perform without consent any work relating to asbestos or polychlorinated biphenyl (PCB).

E. Professional Liability:

CITY contractor(s) shall cause any architect or engineer retained by CITY contractor(s) in connection with the performance of CITY's contractor(s) obligations under this Agreement to maintain Professional Liability Insurance providing coverage for the performance of their work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. CITY contractor(s) shall require that, if such Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and that such architect or engineer shall purchase at such architect or engineer's sole expense either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2)Prior Dates Coverage from a new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that such architect or engineer has maintained continuous coverage with the same or original insurer. Coverage provided under items: 1), 2) or 3) shall continue for the term specified in the insurance policy as long as the law allows.

F. General Insurance Provisions – All Lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the DISTRICT Risk Manager. If the DISTRICTꞌs Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The CITY contractor(s) must declare its insurance self-insured retention for each coverage required herein. If any such self-insured retention exceeds $500,000 per occurrence each such retention shall have the prior written consent of the DISTRICT Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention deemed unacceptable to the DISTRICT, and at the election of the DISTRICTꞌs Risk Manager, CITY's contractor(s) carriers shall either: 1) reduce or eliminate such self-insured retention with respect to this Agreement with DISTRICT, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and

22.B.

Exhibit B
Insurance Requirements ׀ Page 4 of 5
defense costs and expenses.
c. CITY contractor(s) shall cause their insurance carrier(s) to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by the DISTRICT Risk Manager, provide original certified copies of policies including all endorsements and all attachments thereto, showing such insurance is in full force and effect.

Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) days written notice shall be given to the DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY contractor(s) insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY contractor(s) shall cause CITY's contractor(s) insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement.
d. In the event of a material modification, cancellation, expiration or reduction in coverage, this Agreement shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.
e. It is understood and agreed by the parties hereto that CITY's contractor(s)insurance shall be construed as primary insurance, and DISTRICT's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. f. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes,

22.B.

Exhibit B
Insurance Requirements ׀ Page 5 of 5
etc.); or the term of this Agreement, including any extensions thereof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein, if, in the DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY contractor(s) has become inadequate.
g. CITY contractor(s)shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement. h. The insurance requirements contained in this Agreement may be met with a program(s) of self-insurance acceptable to DISTRICT.
i. CITY contractor(s)agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

22.B.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - May 28 2024
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Laura Axcell, Fire Captain;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Fiscal Year 2023 State Homeland Security Grant Program Award - CHOG RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Adopt a Resolution of the City Council of the City of Hemet, California, accepting the FY2023 Grant Funding of $67,000 from the California Office of Emergency Services (CalOES), for Countywide HazMat Operational Group (CHOG) Hazardous Materials Emergency Response equipment and training for the period of April 25, 2024 to April 2, 2025, and

2. Authorizing the Administrative Services Director to Establish Revenue and Expenditure Appropriations in Public Safety Fund #232 in the amount of $67,000 for the Grant Performance Period.

BACKGROUND:

CHOG is a multi-disciplinary, multi-agency collaboration between city/county hazmat teams, law enforcement, Environmental Health, and the Emergency Management Department within Riverside County. CHOG was formed in 2006 to enhance the ability to prepare for, prevent and jointly respond to terrorist attacks and other major disasters within Riverside County and the State of California.

Since its inception, CHOG has proven to be successful in numerous incidents and continues to exhibit beneficial results amongst the participating agencies. CHOG is a project within the Homeland Security Grant Program (HSGP) as approved by the Anti-Terrorism Approval Authority (ATAA).

ANALYSIS:

Riverside County Hazardous Materials Operational Group (CHOG) has applied and been awarded grant funding to distribute to requesting agencies for the purchase of hazardous materials mitigation equipment and training to help combat bioterrorism. The City of Hemet Fire Department was awarded grant funding beginning in 2006 and was once again awarded $67,000 through the FY23 SHSP grant administered by Riverside CHOG.

22.C.

DISCUSSION:

Based on the projected priorities, the Fire Department plans to adhere to the following expenditure plan:

Equipment
Description
(include Qty.)
AEL# AEL
Title
Solution Area
Sub-Category
Budgeted
Cost
Hemet CHOG -
Weather Station (1) 07SE-03-ENVS
Equipment,
Environmental
(Weather)
Surveillance
07 - Detection 15,000
Hemet CHOG -
Carboxyhemoglobin
Monitor (1)
01ZA-01-PPMS
System,
Personnel
Physiological
Monitoring
01 - Personal
kProtective
Equipment
5,775
Hemet CHOG -
Portable Radio (1) 06CP-03-PRAC Accessories, Portable Radio 06 - Interoperable
Communications
Equipment
10,000
Hemet CHOG -
PAPRS (2) 01AR-03-PAPA
Respirator,
Powered, AirPurifying (PAPR),
CBRN
01 - Personal
Protective
Equipment
4,000
Hemet CHOG -
PAPR Cartridges
(1pk or 6)
01AR-03-PAPC Canister, CBRN,
PAPR
01 - Personal
Protective
Equipment
225
Course
Name
Expenditure
Category
Training
Activity
Budgeted
Cost
Hemet CHOG- Haz
Mat Tech Course A
- D (2)
Tuition Field-Based
Attendee 3,000
Hemet CHOG- Haz
Mat Tech Course A
- D (2)
OT / Backfill Field-Based
Attendee 14,000
Exercise
Title
Expenditure
Category
Exercise
Type
Budgeted
Cost
Hemet - CHOG
Exercises OT / Backfill Drill Attendee 15,000
PREVIOUS COUNCIL ACTION:

The City Council of the City of Hemet has accepted all State Homeland Security Grant Program awards since the inception of the Countywide Hazmat Operational Group.

STRATEGIC PLAN INTEGRATION:

22.C.

GOAL ONE: QUALITY OF LIFE:

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

Objective 3: Increase Public Safety visibility and response.

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

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

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.

FISCAL IMPACT:

There is no fiscal impact on the City’s General Fund with this action.

Revenue and Expenditure Appropriations are recommended in Public Safety Fund #232 in the amount of $67,000.

ATTACHMENT(S):

Attachment 1: SHSP FY23 CHOG Award Letter - Hemet FD
Attachment 2: Resolution 2024

22.C.

450 E ALLESANDRO BLVD
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB:RIVCOEMD.ORG ♦ TDD: 951.358.5124 Bruce Barton, Director
Emergency Management Department
April 25, 2024
Hemet Fire Department/EMS
510 E. Florida Ave
Hemet, CA 92543-4334
RE: FY23 State Homeland Security Program Grant (SHSP) Award - $ 67,000. Grant #2023-0042 CFDA#:

97.067
The California Office of Emergency Services (CalOES) has approved City of Hemet Fire Department’s FY23 State Homeland Security Program Grant (SHSP) application for the Countywide Hazardous Material Group (CHOG). The grant cycle for this grant will end on April 2, 2025. All final reimbursement requests are due no later than May 2, 2025.

Upon approval of pending paperwork this letter serves as authorization to begin spending and requesting reimbursement of your Anti-Terrorism Approval Authority (ATAA) approved projects. To ensure that all awarded funds are expended the State requires that reimbursement requests should be made at least every 6 months. Expenses for equipment should be completed within the first 8 months after receiving this award letter.

Training must be completed or scheduled within the first year of this grant. Under extenuating circumstances some exceptions may be approved. Full expenditure of the awarded funds is expected. Riverside County Operational Area may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.

Riverside County EMD does require you to provide a signed FY23 Grant Assurance and completed and signed Workbook Face-Sheet as soon as possible. Modifications and Reimbursement Requests cannot be processed until we receive these documents. Please remember that changes to your grant will require the approval of the OA prior to incurring any costs. All modifications, EHP’s, sole source procurement, EOC and construction requests require additional approvals from CalOES through the OA prior to incurring any costs.

22.C.

450 E ALLESANDRO BLVD
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB:RIVCOEMD.ORG ♦ TDD: 951.358.5124 Grant funds must be used to supplement existing funds, however, may not replace funds that have been appropriated for the same purpose. Your Agency must not make or permit any award to any party that is debarred. You must obtain documentation of eligibility prior to making any agreement/payment with a vendor funded by SHSP. It is your agency’s responsibility to obtain all additional approvals prior to expending the funds. Your agency is responsible for providing all necessary supporting documentation for reimbursements. If purchasing maintenance agreements, equipment upgrades, service fees, or continuation of a service, it is your responsibility to provide proof that these costs follow all of the guidelines of the grant. Additionally, all contracts/purchase orders must include the contract provisions link from the 2 CFR 200.

By accepting this award, it is understood that you are agreeing to comply with all applicable federal, state, and local requirements of the grant as put forth in the FY23 Grant Assurances, federal and state guidance, and all provisions of 2 CFR 200 including part F- “Audit Requirements”. Any funds found owed as a result of a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD. As always, please feel free to contact us with any questions you may have. I look forward to working with you and appreciate your cooperation and support.

Please review and have your agency’s Authorized Agent sign, complete and return the spending plan Facesheets and Grant Assurances to Hector Palomares. Reimbursements cannot be processed without them.

As always, please feel free to contact me with any questions you may have. Thank you for your cooperation and support.

Sincerely,
Hector Palomares
Emergency Services Coordinator
Emergency Management Department
Planning Division Grant Programs
(951) 202-9446
[email protected]

22.C.

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, ACCEPTING THE FISCAL
YEAR 2023 GRANT FUNDING OG $67,000 FROM THE

STATE HOMELAND SECURITY GRANT PROGRAM
(SHSGP) ADMINISTERED THROUGH RIVERSIDE

COUNTY EMERGENCY MANAGEMENT DEPARTMENT

FOR COUNTYWIDE HAZARDOUS MATERIALS

OPERATIONAL GROUP (CHOG), AND AITHORIZING THE

FINANCE DIRECTOR TO INCREASE ESTIMATED

REVENUE AND ESTABLISH APPROPRIATIONS IN
PUBLIC SAFETY GRANT FUND #232
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Riverside County Hazardous Materials Operational Group (CHOG) has applied and been awarded grant funding to distribute to requesting agencies for the purchase of hazardous materials mitigation equipment and training to help combat bioterrorism; and
WHEREAS, as a founding member agency of CHOG, the City of Hemet Fire Department was awarded grant funding beginning in 2006 and was once again awarded $67,000 through the FY23 SHSP Grant administered through Riverside CHOG; and WHEREAS, the Fire Department has used this money to purchase equipment and to provide training for the members of the Hazardous Materials (HAZMAT) Team.

On April 25, 2024, the Fire Department was once again awarded $67,000 through the FY23 SHSGP Grant administered through Riverside CHOG; and

22.C.

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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WHEREAS, the grant period is April 25, 2024, to April 2, 2025, with reimbursement documents required by May 2, 2025.

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

SECTION 1. Accepts the grant from the State Homeland Security Grant Program (SHSGP) administered through the Riverside County Emergency Management Department Hazardous Materials Operational Group in the amount of $67,000 for the period of April 25, 2024, to April 2, 2025.

SECTION 2. Authorizes the Finance Director to increase estimated revenue and establish appropriations in Public Safety Grant Fund #232 to reflect the award amount of $67,000 under CHOG.

22.C.

CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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PASSED, APPROVED AND ADOPTED this 28th day of Month, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

22.C.

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 28th day of May, 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

22.C.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - May 28 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, Authorizing the Administrative Services Director to Increase a Purchase Order for Automotive and Truck Parts with Napa Auto Parts by $10,000 to a Total Amount of $60,000 Utilizing Sourcewell Contract #032521 and Authorizing the City Manager to Execute All Documents Related to the Purchase Order 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 Administrative Services Director to Increase a Purchase Order for Automotive and Truck Parts with Napa Auto Parts by $10,000 to a Total Amount of $60,000 Utilizing Sourcewell Contract #032521 and Authorizing the City Manager to Execute All Documents Related to the Purchase Order.

BACKGROUND:

The Fleet Maintenance Division is responsible for servicing and maintaining the City's vehicle fleet, which consists of 360 vehicles and pieces of equipment. The Division supports preventative vehicle maintenance and repair needs for all City Departments, with the Police, Fire, and Public Works Departments being the largest customers. On August 3, 2023, City staff established a Purchase Order (PO) in the amount of $50,000 with Napa Auto Parts; the current purchase order term dates are from July 1, 2023, to June 30, 2024.

ANALYSIS:

The previously anticipated amount of $50,000 for automotive and truck parts at Napa Auto Parts for fiscal year (FY) 2022-23 is projected to be insufficient to cover anticipated maintenance and repair work through the fourth quarter. As prices for parts and supplies continue to rise, the Fleet Maintenance Division now estimates that they may need up to an additional $10,000 above the originally approved PO of $50,000, bringing the total amount to $60,000. It is important to note that this increase in the Purchase Order does not require a supplemental appropriation.

22.D.

DISCUSSION:

Staff is recommending the City Council approve an increase of $10,000 to a blanket purchase order to a total PO amount of $60,000 for Napa Auto Parts. This will enable the Fleet Maintenance Division to purchase necessary parts and supplies for the City's fleet through the end of the fiscal year.

As per the purchasing policy, authorization by the City Council is required for this purchase order increase as the recommended total award amount for the fiscal year exceeds the City Manager's authority.

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.

FISCAL IMPACT:

There is no additional General Fund impact. Funding for automotive and truck parts is available in the adopted FY 2023-24 Fleet Maintenance Operating Budget Fund 684-4550-2350.

ALTERNATIVE(S):

1. Do not approve the PO increase.

2. Provide alternative direction to the City Manager.

ATTACHMENT(S):

Attachment 1: Resolution Napa PO Increase
Attachment 2: Contract 032521 - NAPA-Genuine Parts

22.D.

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, AUTHORIZING THE

ADMINISTRATIVE SERVICES DIRECTOR TO INCREASE

A PURCHASE ORDER FOR AUTOMOTIVE AND TRUCK
PARTS WITH NAPA AUTO PARTS BY $10,000 TO A
TOTAL AMOUNT OF $60,000 UTILIZING SOURCEWELL
CONTRACT #032521 AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL DOCUMENTS RELATED

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

WHEREAS, the Fleet Maintenance Division services and maintains 360 vehicles and pieces of equipment that make up the City’s vehicle fleet; and WHEREAS, due to the economy, prices for automotive and truck parts have continued to increase over the past year; and
WHEREAS, staff is estimating that the Fleet Maintenance Division may spend up to $60,000 at Napa Auto Parts, on automotive and truck parts during FY 23/24; and WHEREAS, staff is recommending to increase the blanket purchase order by $10,000 to a total amount of $60,000 to Napa Auto Parts; and WHEREAS, funding for automotive and truck parts is available in the adopted FY 23/24 Fleet Maintenance Operating Budget fund 684-4550-2350;

22.D.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1

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 the Administrative Services Director to increase the blanket PO by $10,000 from $50,000 at total amount of $60,000 for the purchase of automotive and truck parts from Napa Auto Parts.

SECTION 3. Authorizes the City Manager to execute all documents related to the purchase order.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on May 28, 2024.

22.D.

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 28th day of May, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

22.D.

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 28th day of May, 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

22.D.

032521-GPC
Rev. 10/2020 1
Solicitation Number: RFP #032521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Genuine Parts Company dba NAPA Auto Parts, 2999 Wildwood Parkway, Atlanta, GA 30339 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Aftermarket Vehicle Parts and Supplies from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires May 19, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.









  







22.D.

032521-GPC
Rev. 10/2020 2
All Equipment and Products provided under this Contract must be new/current model or remanufactured to OEM standards. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. All Equipment and Products supplied pursuant to the Contract are subject to the terms of written warranties provided by the manufacturer of each Product and Equipment, and Vendor shall use reasonable commercial efforts to assist the Member in processing all warranty claims that the Member may have against a manufacturer. The manufacturer’s warranty will be the sole and exclusive remedy of the Member in connection with any claims concerning the Products and Equipment supplied pursuant to the Contract. ALL OTHER

WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. Copies of the manufacturers’ warranties are available to the Member upon request. Vendor will pass through all available warranty benefits from the applicable manufacturer to the Member to the extent permitted by contract or law.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. 








  







22.D.

032521-GPC
Rev. 10/2020 3
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event that any Product or Equipment does not conform to the manufacturer’s warranty, the Member may return such Product or Equipment to Vendor and Vendor will process the Member’s warranty claim with the manufacturer of the defective Product or Equipment. After the manufacturer has accepted the claim from Vendor, Vendor, as the Member’s sole and exclusive remedy and Vendor’s sole liability, shall either, at its option: (i) replace the defective Product or Equipment with a conforming Product or Equipment; (ii) repair the defective Product or Equipment; or (iii) issue a credit or refund for the price of the Product or Equipment.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:









  







22.D.

032521-GPC
Rev. 10/2020 4
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this 








  







22.D.

032521-GPC
Rev. 10/2020 5
Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract.

Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase. 








  







22.D.

032521-GPC
Rev. 10/2020 6

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted 








  







22.D.

032521-GPC
Rev. 10/2020 7
price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. Audit results will be based upon overcharges and undercharges being combined to determine the net impact.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.









  







22.D.

032521-GPC
Rev. 10/2020 8
D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including reasonable attorneys’ fees, arising out of the negligent acts or omissions or intentional misconduct of Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have arisen from such negligence or intentional misconduct.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use the Trademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell. 








  







22.D.

032521-GPC
Rev. 10/2020 9

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
d. The licenses granted under this Section 13 are subject to the respective intellectual property usage guidelines and terms and conditions of each party.

4. Vendor agrees to provide an indemnity for intellectual property claims based on intellectual property rights owned by Vendor, but cannot provide a direct copyright, trademark, or patent indemnity for the Products or Equipment supplied pursuant to the Contract, as Vendor does not manufacture the Products or Equipment. Vendor agrees to use commercially reasonable efforts to assist the Member in processing any infringement claim against the applicable manufacturer.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.









  







22.D.

032521-GPC
Rev. 10/2020 10
D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. 








  







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032521-GPC
Rev. 10/2020 11
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for direct damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate









  







22.D.

032521-GPC
Rev. 10/2020 12

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial 








  







22.D.

032521-GPC
Rev. 10/2020 13
general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor but only to the extent of Vendor’s indemnity obligations under the Contract. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds but only to the extent of Vendor’s indemnity obligations under the Contract.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. Vendor will comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject 








  







22.D.

032521-GPC
Rev. 10/2020 14
matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications provided that any such additional requirements must be accepted in writing by Vendor for any such requirements to be binding on Vendor. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies in the event that (i)a Participating Entity will access Vendor’s Equipment, Products, or Services with United States federal funds, and (ii) Vendor has provided its prior written consent.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that 








  







22.D.

032521-GPC
Rev. 10/2020 15
each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.









  







22.D.

032521-GPC
Rev. 10/2020 16
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must endeavor to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right 








  







22.D.

032521-GPC
Rev. 10/2020 17
also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell Genuine Parts Company dba
NAPA Auto Parts
By: __________________________ By: __________________________ Jeremy Schwartz Jett Kuntz
Title: Chief Procurement Officer Title: Vice President of IBS Fleet & Government
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________









  












 














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