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Street Drainage Page 6-3
TABLE 6.1
TRAFFIC AND DRAINAGE CLASSIFICATION
TRAFFIC
CLASSIFICATION
STANDARD
DRAWING NO,
DRAINAGE
CLASSIFICATION
Arterial Highway ST-100 Arterial
Arterial Highway ST-l00A Arterial
Major Highway ST-101 Arterial
Divided Secondary Highway ST-102 Arterial
Secondary ST-102A/ST102B Arterial
Express Collector ST-103 Collector
Collector ST-104 Collector
Local Street ST-106 Local
6.2 DESIGN CRITERIA FOR STREETS
6.2.1 Design Frequency
Storm drainage within a street system serves two primary objectives:
1. Removes nuisance flows from pavement during frequent return period storms to maintain safe and efficient movement of traffic.
2. Protects adjacent properties from damage caused by large, infrequent storms.
The function of removing storm flows from pavement is based on providing storm drain catch basins at points where maximum depth or driving lane inundation criteria are reached.
Storm drain system design is generally based on the concept of a design storm. The design storm is the storm associated with the governing return period for longitudinal street flow from Ta ble 6.2. In some locations, along Local and Collector streets, physical improvements may prohibit the water surface from spreading to the building setback line, such as a street lined with bl ock walls constructed at the right-of- way line. In this situa tion, the depth of flow at the centerline of the street, assuming flood waters are spread between the building setback lines, will define the design storm. In the upper reaches of a system the 10-year criteria will govern. Farther downstream in the system, the storm drain system design for the 10-year event may not meet the street flow criteria st ated for the 100-year st orm. In this case, the storm drain will need to be upsized to meet the appropriate criteria.
Both return periods ne ed to be checked to determine which condition governs. In other words, the gr eatest storm co ndition governing design at any point is the design storm.
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Street Drainage Page 6-4
TABLE6.2
DESIGN STORM FREQUENCIES FOR STREET DRAINAGE
DRAINAGE
CLASSIFICATION
LIMITS OF LONGITUDINAL STREET FLOW
BY DESIGN STORM FREQUENCY
Local and Collector
10-YEAR 100-YEAR
Flows contained with top
of curb
Flow contained within
right-of-way
Arterial
One 12-foot driving lane in
each direction, with flows
contained within curb
Flow contained between
right-of-way lines.
6.2.2 Pavement Encroachment
The following sections present specif ic design requirements for storm drainage on urban streets for the de sign storm. Determination of street carrying capacity for the design storm shall be based upon the requirements outlined in Table 6.2:
The storm drain system should begin at or prior to the point where the maximum encroachment and/or depth is reac hed, and should be designed on the basis of the design storm. The final design must meet both the 10-year and 100-year criteria established in Table 6.2.
6.3 CATCH BASINS
Proper surface drainage of streets and highways may require intercepting excess flows with stormwater catch basins. The most upstream catch basin in the system should be placed as
far downstream as possible, because as soon as
the runoff enters the pipe system, it is carried rapidly downstream which tends to reduce the time of concen tration. Locating catch basins is dictated by encroachment into the traveled way and flow depth criteria (see Table 6.2).
6.4 DESIGN CRITERIA
6.4.1 General
Catch basins shall be located within street rights of way unless otherwise approved by the City Engineer. All catch basins which must be located outside street right of way lines in order to intercept storm waters under existing conditions are acceptable only when other provisions can not be made to intercept these flows. Right of way for such catch basins, or inlets, will be offered for dedication on the tract or parcel map for the project or acquired prior to final approval of the storm drain system .
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Street Drainage Page 6-5
Catch basins to be constructed off the paved portion of the roadway but within the street right of way lines shall be made operable by grading the roadway to permit storm water to flow to the basin. Street remodeling of this nature shall be performed as soon as possible after construction of the drainage facilities.
If, during the design of the project, it is determined that storm water cannot be adequately collected by a catch basin to be constructed off the paved portion of the roadway, the designer should consider using alternate methods of collecting storm runoff Alternatives and recommendations shall be reviewed and approved by the City Engineer prior to preparation of final construction drawings.
6.4.2 Limitations
Grated catch basins shall be used where street slopes are five percent or greater, grated basins should generally not be used in sump conditions because of the possibility of debris clogging the grates.
6.4.3 Length Requirements
The construction of catch basins ov er 28 feet in length should be avoided. In lieu thereof, two shorte r equivalent length basins should be designated.
6.4.4 Series Catch Basins
The number of catch basins to be connected in a series should normally not exceed two. If the connection of more than two catch basins in a series is unavoidable, consideration should be given to designing a lateral drain.
6.4.5 Local Depressions
The Local Depression has a drop of 4 inches and produces a curb face at the catch basin opening equal to the existing curb face plus 4 inches.
A Local Depression of 2 inches can be used with side inlet or combination catch basins.
6.4.6 Connector Pipe
The minimum diameter of connector pipe shall be 18 inches. The horizontal alignment of connector pipes shall contain no angle points or bends, unless approved by the City Engineer.
The minimum length of connector pipe to be installed between catch basins shall be 12 feet, unless prevented by field conditions.
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Section 7
DETENTION/RETENTION
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Detention/Retention Page 7-2
7 DETENTION/RETENTION
As part of a total system of urban stormwater management, detention and retention facilities are man- made storage measures intended to mitigate the negative impacts of urbanization, which include:
• Increased peak flow rates.
• Loss of natural depression storage.
• Reduction of infiltration capacity in a drainage basin. • Reduction of natural vegetation.
• Increased pollutant load in surface runoff.
This section presents the methods associated with the planning, analysis and design of detention and retention facilities. The guidelines herein are intended to achieve the following goals:
I. Design of detention/retention facilities that satisfy the ordina nce provisions of the City;
2. Design of detenti on/retention facilities that are amenities and, where possible, incorporate multiple-use concepts; and
3. Design of facilities that will not jeopardize the quality of surface water or groundwater resources.
7.1 LIMITATIONS ON USE OF DETENTION/RETENTION FACILITIES The requirements for a development to provide storage of excess runoff by detention or retention facilities shall not be waived.
In general, storage facilities ar e to be located so they can intercept the flow from the entire development area. The objective is to prov ide storage for excess runoff with a minimum number of detention/retention facilities located at optimum points within a developed area.
Whenever possible, the facilities shall be designed for multiple uses, such as parks or other recreational fac ilities, to offset the co st of open space and to encourage improved maintenance.
7.1.1 Regional Detention/Retention Facilities
Regional detention/retention facilities are large storage sites within a drainage basin provided to control excess ru noff and to achieve the most cost-effective drainage system. Advantages of this type of facility include the following:
• The siting and design of regional storage facilities are normally incorporated as part of an overall drainage master plan.
• Operation and maintenance costs are reduced.
• Regional facilities are more effective and reliable because they are planned, designed and maintained as part of a total drainage system.
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Detention/Retention Page 7-3
7.2 DESIGN CRITERIA
7.2.1 Criteria for Detention/Retention Facilities
FOR PROJECTS IN WHICH DOWNSTREAM FACILITES DO NOT
EXIST:
Preliminary/Entitlement Studies: F or preliminary approval, the volume associated with the difference between pre-project and post-project volume of the 2-year, 24-hour and 10-year, 24-hour storm durations shall be added together. This volume shall be utilized for the preliminary volume required in the detention/retention facility, in addition to 1 foot of freeboard.
Final Engineering Permits: For fina l engineering and permit approval, detention/retention facilities must meet the Riverside County Interim Criteria for Sizing Increased Runoff Detention Facilite s. This criteria requires that basins mitigate increased runoff for th e 2-year, 5-year, and 10-year, 1-hour, 3- hour, 6-hour and 24-hour storm durations. Flow rates in the post-project condition must not exceed pre-project levels.
Basins must provide an overflow/emergency outlet sized for the peak 100-year, 1-hour flow rate, and provide a conveyanc e for these emergency flows that protect adjacent buildings/residences (see Appendix C of the LID BMP Design Manual for additional basin sizing criteria).
Pumps may be utilized for facilities without positive drainage so long as it meets the aforementioned criteria, and is approved by the City Engineer.
FOR PROJECTS WITH EXISTING DOWNSTREAM STORM DRAIN
FACILITIES:
The capacity of the existing downstream facility must be determined. If the facility cannot accept the fully devel oped 100-year flow rate from the project site, increased runoff mitigation shall be provided in accordance with the requirements for the existing downstream facilities. All projects are required to validate and demonstrate that existing downstream facilities have the capacity to intercept the design flows discharging from the site. If no existing studies exist or can be located for the downstream facilities, calculations for the total tributary area to the facility must be prepared to demonstrate feasibility.
Geometry: Basic requirements regarding facility shape, side slopes, depth and bottom configuration are provided below.
• Shape: As a general rule, curvilinear, irregularly shaped facilities will have the most natural character. A wide range of shapes can be considered and utilized to integrate the detention facility with the surrounding site development.
• Side Slopes: Where grass is intended to be established, side slopes shall not be
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Detention/Retention Page 7-4
steeper than 4 horizontal to 1 vertical. Wh ere slopes abut the street right-of-way, the minimum slope shall be 4 horizontal to 1 vertical regardless of surface treatment.
• Depth and Bottom Configuration: With respect to grading, deep facilities should be avoided, if possible . For facilities in exces s of eight feet deep, consideration should be given to the use of flatter side slopes or the provision of intermediate benches along the side slopes.
The bottom shall be designed to drain to a low flow channel for a detention facility.
Drain Time: The design of all detention/retention facilities shall be such that the stored runoff shall be discharged completely from the facility within 72 hours of the storm event.
Lining/Surface Treatment: As a general rule, grass and plant species used for landscape development and revegetation should be native to Riverside County.
The use of inert materials is appropriate fo r stabilization and erosion control where steep slopes are unavoidable, along channels, at points of inflow, at the outlet control structure and any other location where flowing water may threaten stability. Inert materials for erosion control include:
• Loose rock riprap with a specific, engineered gradation. • Loose or grouted boulders (minimum dimension 18 inches or larger). • River stone.
Low Flow Channels: A low flow channel is required in the bottom of a detention basin to provide positive routing of drainage to the primary outlet structure. An example of a rectangular concrete low flow channel is provided in Figure 10.2. The channel shall have a
0.5 percent maximum longitudinal slope.
Inlet and Outlet Structures: The design of an inlet structure shall be such that inflow is directed into the facility in a non-erosive manner and without adverse impacts to the retention facility or to upstream areas.
Outlet structures are classified as: 1) primary outlet structures that provide hydraulic control for the specific design event(s), and 2) emergency spillways that provide safe routes, typically via surface overflow, for storm events in excess of the design frequency or in the case of debris blockage or malfunction of the primary outlet structure.
The minimum allowable pipe size for primary outlet structures shall be 18 inches in diameter.
If the capacity of an outlet pipe must be further reduce d, an orifice plate may be installed, as shown on Figure 10.3(a). The orifice plate may be constructed of heavy,
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Detention/Retention Page 7-5
galvanized steel and attached with tamper-proof bolts or by forming a smaller diameter opening in the concrete headwall at the outlet structure.
Energy Dissipation at Outlet: Adequate energy dissipation measures shall be provided at the downstream end of primary outlet structures. Such measures shall be designed to control local scour at the pipe outlet and to reduce velocities to pre- development conditions prior to exiting onto downstream properties.
Emergency Spillways: Emergency spillways are normally surface overflow weirs, channels, or combinations thereof, provided for the safe overflow and routing of floodwaters under unusual circumstances.
Consideration must be given to the layout of the emergency spillway so that excess flow is routed in the same manner and direction as would have occurred under pre- development or historic conditions. Emergency spillways must be designed to convey the unattenuated 100-year peak discharge at non-erosive velocities.
Additional criteria for basin design shall utilize the Appendix C – Basin Design Criteria of the Riverside County LID BMP Design Handbook.
7.2.2 Criteria for Special Detention/Retention Methods
Special methods for stormwater detention/retention include, roadway embankment storage and storage in parking lots and greenbelt areas.
The use of underground storage facilities, for detention/retention of excess runoff is permitted, subject to review and approval by the City Engineer.
Since the following methods often result in facilities near buildings, it should be emphasized that the pad elevations adjacent these structures shall be a minimum of one foot above the 100-year water surface of the detention/retention facility at the maximum point over the overflow spillway/outlet.
Conveyance Storage: During the period that channels and floodplains are filling with runoff, the stormwater is being stored in transient form. This type of storage is known as conveyance storage. Construction of low velocity channels with large cross sectional areas assists in the accomplishment of such storage. Conveyance storage systems are usually feasible only on large projects, and require detailed dynamic modeling for analysis.
Embankment design shall be consistent with the Riverside County Flood Control and Water Conservation District Hydraulic Design Manual.
7.3 MULTIPLE-USE CONCEPTS
Flood control function s and other uses in detention/retention fa cilities are generally compatible. Rationale for multiple-use facilities includes decreased facility maintenance costs and an increased community acce ptance. Combining flood storag e with recreation use or other community facilities on a single site decreases total costs for land acquisition and site
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Detention/Retention Page 7-6
development. The development of detention/retention facilities as parks or urban green space increases the acceptance by area residents and encourages better overall maintenance.
7.3.1 Potential Uses
Appropriate uses for detention/retention facilities include active and passive recreation and urban green space. Uses in addition to flood control should address specific community needs and be clearly identified before the facility is designed.
Active Recreation: Active recreation includes a wide range of activities that involves some type of physical movement. This type of recreational activity - both individual and group - generally requires larger areas than passive recreation uses. Because of their size, regional detention/retention facilities can provide more opportunities for group sports with large space requirements.
Passive Recreation: Passive recreation generally involves individuals or small groups and a minimal amount of physical activit y. Typically, passive recreation does not require large open space and is, therefore, appropriate for both large and small detention/retention facilities.
Urban Green Space: Urban green space provides a visual resource within the community. As urbanization continues, the value of green space will increase. Green space provides visual breaks from the urban environment, acts as a filter to clean air and can reduce erosion from wind a nd rain. Landscape materials in a detention/retention facility should respond to the recessed nature of the land form, the scale of the facility and the occurrence of frequent flooding.
The use of native and non- native species for landscape planting is highly recommended. The following basic zones sh ould be considered in the landscape design for a detention/retention facility.
• Channels: Planting in these areas should be limited to grasses, groundcovers and low growing shrubs, with preference given to vegetation with flexible branching and resilient growth habits.
• Basin Areas: There may be inundation a nd standing water in basin areas at some time during the year. Choice of plant materials should reflect these conditions. Trees, shrubs and grasses can be planted judiciously in these areas.
• Elevated Areas: These areas may be occasionally inundated. The choice of plant material will depend on the use assigned to the area. Trees, shrubs and grasses can be planted and more easily maintained in areas of higher ground elevation.
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Detention/Retention Page 7-7
7.4 WATERQUALITY
Urban runoff is distinguished from undeveloped area runoff in two principal ways: it occurs at greater discharge rates and volumes, a nd it contains varying but commonly higher concentrations of toxic substances, bacter ia, and dissolved organic matter. Deten- tion/Retention facilities can play a significa nt role in mitigating the pollution problems associated with urban runoff.
Projects are required to adhe re to the National Pollution Discharge Elimination System (NPDES) Permit and Waste Discharge Requireme nts for the Santa Ana River Watershed.
A guidance document has been developed for preparation of Water Quality Management Plans within the Santa Ana Region, and is located here:
https://rcwatershed.org/watersheds/middle-santa-ana-river-watershed/#83-350-exhibits- 1612321337 . A Design Handbook for Low Impact Development Best Management Practices was developed by Riverside County Flood Control and Water conservation district (located here: https://rcwatershed.org/watersheds/middle-santa-ana-river-watershed/#83- 438-lid-bmp-design-handbook ) to help in the design and implementation of Low Impact Development principles.
7.5 FLOOD ROUTING
Characteristically, the storage of a reservoir is closely related to its outflow rate. In reservoir routing methods, the storage-discharge relation is used for repeatedly solving the continuity equation; each solution is a step delineating the outflow hydrograph.
Basin routing analyses sha ll be performed per the Rive rside County Flood Control and Water Conservation District Hydraulic Design Manual.
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8 EROSION AND SEDIMENT
CONTROL
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Erosion and Sediment Control Page 8-2
8 EROSION AND SEDIMENT
CONTROL
The clearing and stripping of land for development can cause high localized erosion rates with subsequent deposition and damage to off-site properties. Whereas erosion and sedimentation is a natural process, the intensity is increased by development which can destroy the aesthetic and practical value of other properties, streams a nd lakes. The purpose of implementing an erosion and sedimentation control plan is to reduce the process to an acceptable level without placing undue burdens on the homeowner, builder or community.
The California State Water Resources Control Board’s National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activities (General Permit) regula tes stormwater discharges associated with construction activities, and is issued to project s based upon certain criteria and associated risk levels. Projects that disturb one acre or more of area, or disturb less than one acre but are part of a larger common plan of development, are subject to the General Construction Permit requirements.
All projects, regardless of size, are required to submit erosion control plans as part of their grading permit approval process, which identifies temporary construction best management practices (BMPs) that reduce erosion, sediment control, illicit discharges, and other issues related to stormwater runoff during construction activities.
8.1 Erosion and Sedimentation Process
Soil erosion is the process by which soil particles are removed from the land surface by wind, water or gravity. Most natura l erosion occurs at slow rates; however, the rate of erosion increases when land is cleared or altered and left disturbed. The five most common types of erosion include erosion from rainfall impact, shee t erosion, rill or gully erosion, stream and channel erosion, and wind erosion.
Sedimentation is defined as the settling out of soil particles transported by water.
Sedimentation occurs when the velocity of water in which soil particles are suspended is slowed sufficiently to allow particles to settle out. Larger particles, such as gravel and sand, settle more rapidly than fine particles such as silt and clay.
Effective construction site management first minimizes excessive soil erosion by keeping the soil stabilized as long as possible, and second directs runoff from remaining disturbed areas to locations where sediments are removed prior to discharge to water courses.
8.1.1 Factors Influencing Erosion
There are four primary factors that in fluence erosion: soil characteristics,
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Erosion and Sediment Control Page 8-3
vegetative cover, topography and climate.
Soil characteristics which determine the erodibility of the soil are particle size and gradation, organic content, soil structure and soil permeability. Soils with a high proportion of silt and very fine clays are generally the most erodible.
Organic matter creates favorable soil structure, improving its stability and permeability. This increases infiltration capacity, delays the start of erosion and reduces the amount of r unoff Soil characteristics that affect soil stability include permeability and infiltration capacity the less permeable the soil, the higher the likelihood of erosion.
Vegetative cover plays an extremely important ro le in controlling erosion by shielding the soil surface from the impacts of falling rain, slowing the velocity of runoff, maintaining the soil's capacity to absorb water and holding soil particles in place.
Topography, slope length and steepness are key elements in determining the volume and velocity of runoff As slope length and/or steepness increase, the rate of runoff increases and the potential for erosion is magnified.
Rainfall frequency, intensity and durati on are fundamental factors in determining the amount of erosion produced . When storms are fre- quent, intense or of long duration, erosion risks are high. In California, the erosion risk period is typically high in the winter rainy season (Oc- tober through April) except in and near the Sierra Nevada Mountains and southern deserts, where summer thunderstorms may occur.
8.2 Storm Water Programs
The State construction general permit prohibits discharges which do not result from rainfall. However, certain non-storm water discharges are allowed if they do not cause a significant pollution problem. Table 11.1 provides examples of non-storm water discharges allowable under current law.
The need to protect the environment has resulted in a number of laws and subsequent regulations/programs. At times this has resulted in overlap and ambiguity between programs. This situation is true for storm water programs . The Federal Clean Water Act (CWA), as amended in 1987, is the principal vehicle for the control of storm water pollutants. There are, however, other programs that directly or indirectly deal with the control of storm water pollutants.
8.2.1 Federal NPDES Program
In 1972, the Federal CWA was amended to provide that the discharge of pollutants to waters of the United States from any point source is effectively prohibited, unless the discharge is in compliance with the National Pollutant Discharge Elimination System (NPDES) permit. On November 16, 1990, U.S.
Environmental Protection Agency (EPA) published final regulations that establish application requirements for storm water permits for specific categories
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Erosion and Sediment Control Page 8-4
of industries. Construction activities of five (5) acres or more (or less than 5 acres if part of a common plan of development or sale) are defined in the regulations as an industrial activity.
8.2.2 State NPDES Program
In California, the NPDES storm water permitting program is administrated by the State Water Resources Control Board (SWRCB) through nine Regional Water Quality Control Boards. The SWRCB has established a construction general permit that can be applied to most construction activities in the State.
8.2.3 Municipal NPDES Program
Municipalities with a population of over 100,000, dr ainage systems interconnected with these munici palities' systems or municipalities determined to be signific ant contributors of pollutants are required to obtain an NPDES storm water permit. In California, most of the major urbanized counties have already obtained an NPDES storm water permit.
Municipalities with NPDES storm water permits for their own municipal separate storm sewer system are responsible for developing a management program for construction activities in their jurisdiction. The program addresses appropriate planning and construction procedures; ensures the implementation, inspection and monitoring of construction sites which discharge storm water into their systems; and provides for education and training for construction site operators.
8.3 Storm Water Pollution Prevention Plans
The following discussion provides guidelines for the development and implementation of a storm water pollution prevention plan (SWPPP) for a construction project.
Stormwater Pollution Prevention Plans shall be prepared per the current Order WQ in effect at the time of construction of the project. The current order, and instruction for preparing a Stormwater Pollution Prevention Plan, including Risk Determination and monitoring/reporting requirements can be found on the State Water Resources Control Board website at the following location:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.ht ml .
Stormwater Pollution Prevention Plans must be prepared by a Qualified Stormwater Pollution Prevention Plan Developer (QSD), and projects are required to submit the SWPPP on the SMARTS website and apply fo r a Notice of Intent (NOI), in which they will receive a WDID number. This WDID number must be included on the grading plans/erosion control plans for the project.
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Erosion and Sediment Control Page 8-5
8.4 City Erosion Control Plan (ECP) Requirements
The Stormwater Pollution Prevention Plan is a state-wide requirement, however, Erosion Control Plans must be submitted to the City for review and approval as part of the grading permit application. Plans must be consistent with the City’s municipal code related to Erosion and Sediment Control.
The California Stormwater Quality A ssociation (CASQA) has developed BMP Handbooks (located here: https://www.casqa.org/resources/bmp-handbooks) which include BMP Factsheets for development of the erosion control plan.
The ECP must be consistent with the proposed grading plan for the project site. The ECP shall identify the construction BMPs utilized for the project site, including location, applicable CASQA reference number.
Additional resources can be found on the City ’s website in the Grading and Erosion Control Standards, dated June 11, 2013.
18.B
City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jun 11 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☒ Consent Calendar ☒ Business Item ☐ Public Hearing
TITLE:
Resolution of the City Council of the City of Hemet, California, Ordering the Submission to the Qualified Electors of the City of Hemet an Ordinance Relating to Transient Occupancy Tax at the General Election to be Held on Tuesday, November 5, 2024, and Other Related Matters; Resolution of the City Council of the City of Hemet, California, Setting Deadlines for Filing Written Arguments Regarding the City Initiated Transient Occupancy Tax Measure and directing the City Attorney to Prepare an Impartial Analysist in the Form Attached as Exhibit 2
RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
Adopt Resolution No. XXX ordering the submission to the qualified electors of the City of a measure relating to transient occupancy tax at the general election to be held on Tuesday, November 5, 2024, in the form attached as Exhibit 1; and
Adopt Resolution No. XXX setting deadlines for filing written arguments regarding the City initiated Transient Occupancy Tax Measure and directing the City Attorney to prepare an impartial analysis in the form attached as Exhibit 2
ANALYSIS:
The General Municipal Election is scheduled for November 5, 2024. The proposed measure would increase the "Transient Occupancy Tax" (TOT) rate from 10 percent to 12 percent. For purposes of the City's TOT ordinance, a "transient" refers to a person who occupies a room in a "hotel" (as defined) for a period of 30 days or less. Thus, it usually almost exclusively applies to non-residents who are visiting the City.
If the proposed measure is approved by the voters, Section 74-72 of the Hemet Municipal Code, entitled "Tax Imposed", would be amended to provide (updated language is underlined):
"For the privilege of occupancy in any hotel, each transient is subject to, and shall pay tax in the amount of twelve (12) percent of the rent charged by the operator. Such tax constitutes a debt owed
18.C
by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator.
The tax administrator may make rules and regulations not inconsistent with the provisions of this article as may be necessary and desirable to aid in the enforcement and administration of this article.
Any such rule or regulation that may affect the amount of tax owed to the city shall be subject to approval by the city council. The rules and regulations shall be filed in the office of the tax administrator and maintained by the city clerk in an orderly and accessible manner. Taxes are considered paid only upon receipt of the return, and penalty, interest, and completed exemption certificate when appropriate. The burden to secure and comply with the rules and regulations shall be upon the operator."
The definition of "hotel" in Section 74-71 would be updated to read as follows:
"Hotel means any structure or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, short term rental, bed and breakfast, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, recreational vehicle park, campground, or parking area, or any other property rented to a “transient” at a fixed location, or other similar structure or portion thereof."
Lastly, Section 74-73, which related to Exemptions has been updated to read as follows:
(a)No tax shall be imposed under this article upon:
(1)Any of the exclusions or exemptions set forth in California Revenue and Tax Code section 7280, et seq., as may be amended from time to time.
(2)Any federal or state officer or employee when on official business.
(3)Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.
(b)No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. When a claim of exemption is defective, the operator: (1) shall be responsible for all taxes due with respect to the purported exempt transient; and (2) the tax administrator shall give notice to the operator of all taxes due as a result of the rejection of the exemption claim. The operator shall pay all sums due within ten working days of notification.
DISCUSSION:
The attached Resolutions adhere to the requirements set forth in the Election Code for the November 5, 2024 General Municipal Election and are summarized below:
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1. The first Resolution orders the submission to the voters of a measure relating to transit occupancy tax at the November 5, 2024 General Election. The Resolution would order the TOT measure to be added to the election already called on November 5, 2024. The Resolution includes the proposed ballot measure text, and the vote requirement for measure passage.
2. The second Resolution establishes the deadline for written arguments in favor of and against the proposed TOT measure, establishes the order of priority for the selection of written arguments in the event the City Clerk receives more than one, and directs the City Attorney to draft an impartial analysis of the proposed measure. The proposed resolution authorizes the Mayor and Mayor Pro Tem to file a single written argument not exceeding 300 words in favor of the measure, but the limit can be modified based on direction from the City Council. The Resolution establishes that written arguments in favor of and against the measure and the City Attorney's impartial analysis are due to the City Clerk on August 19, 2024, by 5:00 p.m.
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:
To consolidate the general municipal election and Transient Occupancy Tax measure, a quote has been requested from the Registrar of Voters Office, adding to the cost of the already ordered consolidated City three for election already ordered of cost estimated The election. the Councilmembers is approximately $105,000, not including the TOT measure.
Should the TOT measure pass, it is estimated that revenues to the City would increase by approximately $200,000 annually. It is also expected that passage of the measure will further incentivize participation in the City's hotel incentive program which is designed to improve the condition of local hotels and lead to the construction of a new downtown hotel, resulting in additional City hotel (transient occupancy) tax revenue.
ATTACHMENT(S):
Attachment 1_ TOT Resolution
Attachment 2 - TOT Measure Ordinance
Attachment 3 - TOT Measure Arguments
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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, ORDERING THE SUBMISSION
TO THE QUALIFIED ELECTORS OF THE CITY A
MEASURE RELATING TO TRANSIENT OCCUPANCY
TAX AT THE GENERAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 5, 2024
WHEREAS, a General Election on Tuesday, November 5, 2024 has been called by the Hemet City Council by Resolution No. XXX, adopted XXX; and, WHEREAS, pursuant to Election Code Section 9222, the City Council may submit to the qualified electors of the City, without a petition therefor, a proposition by ordinance; and,
WHEREAS, a general tax measure imposed for general governmental purposes, such as this Ordinance, is required to be approved by at least a two-thirds vote of the City Council; and,
WHEREAS, pursuant to Government Code Section 53723, the City Council desires to submit to the voters at the election a question relating to the Transient Occupancy Tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings and Incorporation. The City Council hereby finds that the above recitals are true and correct and incorporates the recitals into the body of this Resolution.
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SECTION 2. City Council Actions.
(A) The City Council, pursuant to its rights and authority, does order submitted to the voters at the General Municipal Election to be held on November 5, 2024 the following question:
YES
Hemet Public Safety and Essential Services Protection
Measure; to provide police, fire, 9-1-1- response, senior and youth programs, and to maintain other essential
services, including gang prevention, parks,
homelessness prevention, pothole/street repair, and for general government use, shall a measure increasing the
City’s transient occupancy tax by 2% - which is paid
entirely by overnight visitors – providing an additional $200,000 annually, until ended by voters, that cannot be taken by the State, be adopted?
NO
(B) The text of the “Hemet Public Safety and Essential Services Protection Measure” that shall be submitted to the voters of the City of Hemet is attached as Exhibit “A” hereto and dated June 11, 2024. The City Clerk shall maintain a copy of the Measure and the proposed Ordinance and shall make the same available for public inspection upon request. (C) That the vote requirement for the Measure to pass is a majority (50% + 1) of the votes cast.
(D) Pursuant to Section 10403 of the Elections Code, the City Council hereby requests the Board of Supervisors and Registrar of Voters of the County of Riverside to consolidate the ballot measure with the general election to be held on November 5, 2024.
(E) The City Council authorizes the City Manager or his designee to pay all election expenses related to this Measure.
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(F) The City Clerk is hereby directed to file this Resolution with the Board of Supervisors and Registrar of Voters of the County of Riverside, on or before the deadline set by the Registrar of Voters for inclusion on the ballot for November 5, 2024.
(G) In all particulars not recited by this Resolution, the election shall be held and conducted as provided by law for holding municipal elections, including but not limited to those provisions of Elections Code Section 10418.
(H) The notice of the time and place of holding the election is given and the City Clerk is authorized and directed to give such further notice in time, form, and manner required by law.
(I) The City Clerk shall certify to the passage and adoption of this Resolution.
SECTION 3. Effective Date.
This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this ____ day of ________ 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier
City Clerk
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 11 th day of June, 2024, and was passed by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Paul Maier
City Clerk
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CITY COUNCIL ORDINANCE NO. 2024-XXX
CITY OF HEMET
Hemet, California
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
HEMET, CALIFORNIA, AMENDING SECTIONS 74-71
THROUGH 74-73 OF THE HEMET MUNICIPAL CODE
TO INCREASE THE TRANSIENT OCCUPANCY TAX
WHEREAS, the City Council has placed a measure to increase the transient occupancy tax before the voters at the general election to be held on November 5, 2024; and
WHEREAS, the measure received the requisite votes for adoption.
NOW, THEREFORE, THE PEOPLE OF HEMET DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1.The definition of “hotel” in Section 74-71 of the Hemet Municipal Code is hereby amended to read as follows:
“Hotel means any structure or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, short term rental, bed and breakfast, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, recreational vehicle park, campground, or parking area, or any other property rented to a “transient” or other similar structure or portion thereof.” SECTION 2. Section 74-72 of the Hemet Municipal Code is hereby amended to read as follows:
“Sec. 74-72. Tax Imposed.
For the privilege of occupancy in any hotel, each transient is subject to, and shall pay tax in the amount of twelve (12) percent of the rent charged by the operator.
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CITY COUNCIL ORDINANCE NO. 2024-XXX
Such tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator.
The tax administrator may make rules and regulations not inconsistent with the provisions of this article as may be necessary and desirable to aid in the enforcement and administration of this article. Any such rule or regulation that may affect the amount of tax owed to the city shall be subject to approval by the city council. The rules and regulations shall be filed in the office of the tax administrator and maintained by the city clerk in an orderly and accessible manner. Taxes are considered paid only upon receipt of the return, and penalty, interest, and completed exemption certificate when appropriate. The burden to secure and comply with the rules and regulations shall be upon the operator.”
SECTION 3. Section 74-73 of the Hemet Municipal Code is hereby amended to read as follows:
“Sec. 74-73. Exemptions.
(a) No tax shall be imposed under this article upon:
(1) Any of the exclusions or exemptions set forth in California Revenue and Tax Code section 7280, et seq., as may be amended from time to time. (2) Any federal or state officer or employee when on official business. (3) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. (b) No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. When a claim of exemption is defective, the operator: (1) shall be
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CITY COUNCIL ORDINANCE NO. 2024-XXX
responsible for all taxes due with respect to the purported exempt transient; and (2) the tax administrator shall give notice to the operator of all taxes due as a result of the rejection of the exemption claim. The operator shall pay all sums due within ten working days of notification.”
SECTION 4. This Ordinance shall take effect upon its approval by a majority of those voting on the measure at the November 5, 2024 election.
APPROVED AND ADOPTED by the voters of the City of Hemet on November 5, 2024.
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier
City Clerk
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CITY COUNCIL ORDINANCE NO. 2024-XXX
State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing ordinance was adopted by a majority of the voters of the City of Hemet at the General Election held on November 5, 2024.
_________________________________
John Paul Maier
City Clerk
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CITY COUNCIL RESOLUTION NO. 2024-XXX
CITY OF HEMET
Hemet, California
RESOLUTION NO. 2024-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, SETTING DEADLINES AND
PRIORITIES FOR FILING WRITTEN ARGUMENTS AND
REBUTTALS REGARDING THE CITY INITIATED
TRANSIENT OCCUPANCY TAX MEASURE AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, the City Council has placed a measure to increase the transient occupancy tax before the voters at the general election to be held on November 5, 2024; and
WHEREAS, pursuant to Elections Code Section 9287, the City Council is given first priority to submit an argument in favor of a proposed City Council initiated measure and to select its member(s) to draft the argument; and WHEREAS, pursuant to Elections Code Section 9280, the City Council may direct the City Attorney to prepare an impartial analysis of the measure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.In accordance with Elections Code Sections 9282(b) and 9283, arguments for or against the Measure, not exceeding 300 words in length and signed by no more than five (5) persons, may be submitted to the City Clerk prior to August 19, 2024 at 5:00 p.m. after which no arguments for or against the Measure may be submitted. The City Council authorizes the Mayor, in conduction with up to four (4) other registered voters of the City, to file a written argument in favor of the Measure and submit it to the City Clerk by the deadline above.
SECTION 2. In accordance with Elections Code Section 9285, rebuttal arguments, not exceeding 250 words and signed by no more than five (5) persons, may be submitted to the City Clerk prior to August 29, 2024, at 5:00 p.m.
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CITY COUNCIL RESOLUTION NO. 2024-XXX
SECTION 3. In accordance with Elections Code Section 9280, the City Attorney is directed to file with the City Clerk an impartial analysis of the Measure, not to exceed 500 words, showing the effect of the measure on the existing law and the operation of the Measure, prior to August 19, 2024 at 5:00 p.m.
SECTION 4. That during the period commencing August 30, 2024, and ending on September 8, 2024, the City Clerk shall make available for public inspection the arguments filed for and against the Measure as well as the impartial analysis.
SECTION 5. Effective Date.
This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 11th day of June 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier
City Clerk
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CITY COUNCIL RESOLUTION NO. 2024-XXX
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 11 th day of June, 2024, and was passed by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
_________________________________
John Paul Maier
City Clerk
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