Hemet City Council
July 9, 2024

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157
49 462
645
507
475
5,116
1,395
FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont'd) BASEBID— FireStationNo.1TenantImprovement,CIPNo.5747ITEM ESTIMATEDNo DESCRIPTIONUNITQUANTITYUNITPRICE 31CERAMICTILE-FLOORINGW/SFHOTMOPW ATERPROOFING3‘105003 “Ass-00 32CERAMICTILE-BASELF :5 35.001; 1,715.00
33CERAMICTILE-W AINSCOT5F 1; 35.00$ 16,170.00
34CARPET 5F $ 21.00$ 13,545.00
35VCT 5': $ 21.00$ 10,64700
36RESILIENTBASE LF 1; 10.003; 4750.00
37PAINTTOW ALLS5F 5 7.00$ 35,812.00
33PAINTCEILINGSSF 0 7.005 9,765.00
39PAINTTODOORS&FRAMESEA $ 351.005 4,914.00
40SBAOS:SHOWERPARTITIONW EA3 $ 9,500.00$ 28,500.00
41TOILETPAPERDISPENSERSEA3 $ 1,053.00$ 3,159.00
42SOAPDISPENSERSEA3 $ 1,053.00$ 3,159.00
43MIRRORSEA3 $ 1,053.00$ 3,159.00
44PAPERTOWELDISPENSERSEA3 $ 1,053.00$ 3,159.00
45 EA3 1; 702.00$ 2,106.00

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FireStationNo.1TenantImprovementBIDDER'SPROPOSAL(cont'd) BASEBID— FireStationNo.1TenantImprovement,CIPNo.5747
CIPNo.5747
ITEMDESCRIPTIONNo46TOWELHOOKS
47DOORSIGNAGE
48LOCKERS-DOUBLESIDED
49LOCKERS-SINGLEACCESS
50TVMOUNTW.BACKING
51CASEWORK
52W ATERHEATER
53W ATERCLOSETS
54LA V ATORIES
55SHOWER
56FLOORDRAINS
57CONDENSATEPIPING
58ROUGH-INTOFIXTURES
59DOASUNIT
60VRFHEATRECOVERYCONDENSINGUNIT
UNITEA
EA
EA
EA
EA
LF
EA
EA
EA
EA
EA
LF
FIX
CFM
TONS
ESTIMATEDQUANTITY6
13 21
13 500

UNITPRICE
386.00
280.00

7.763.00
5,25200
1,333.00
1,193.00
15,160.00
10,100.00
7,600.00
11,400.00
8,85000
126.00
3,500.00
130.00
7,722.00
2,316.00
3,640.00
163,023.00
15,756.00
10,664.00
15,50900
15,160.00
30,30000
22,800.00
34,20000
26,550.00
19,908.00
42,000.00
65,000.00
61,77600
an
020
ad
February
158

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CURB(E)ROOFINGREPAIR
17 FireStationNo.1TenantImprovementBIDDER'SPROPOSAL(cont'd) BASEBID— FireStationNo.1TenantImprovement,CIPNo.5747
CIPNo.5747
ITEMDESCRIPTIONNo61FANCOILUNITS-300CFM
62EXHAUSTFANS
63CONTROLS
64ROUGHINDISTRIBUTION
65RELIEFHOOD
66BRANCHCOLLECTORBOXES/REFRIGERANTPIPING67PENETRATIONS/FIRESTOPPING 68SEISMICBRACING
69 70TESTANDBALANCE
71LIGHTINGMATERIALSQUOTE
72INSTALLFIXTURES
73OCCUPANCYSENSORS
74DAYLIGHTSENSORS
75SWITCHES-SINGLEPOLE
UNITEA
CFM
SF
SF
EA
SF
SF
SF
LS
SF
SF
EA
EA
EA
EA
ESTIMATEDQUANTITY10225
1,3961,396
1,3961,3961,396
1,396
1,396
30 14

UNITPRICE
5,61600

93.00 25.00

14.00 4,914.00
2500

5.50 4.50
7,72200

6.00 41.00
561.00
702.00
491.00
526.00
56,160.00
20,925.00
34,900.00
19,544.00
4,914.00
34,900.00
7,678.00
6,282.00
7,722.00
8,376.00
57,236.00
16,830.00
11,934.00
6,87400
5,260.00

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) BASEBID— FireStationNo.1TenantImprovement,CIPNo.5747ITEM ESTIMATEDPRNo DESCRIPTIONUNITQUANTITYUNITICE 76LIGHTINGCONDUITANDWIRELF1.050$ 35.00$ 36,750.00AMP77DISTRIBUTIONPANELS-120VN4X 150$ 7000S . $ 10,500.00 78PANELFEEDERS-150ALF605 70003; 420000
79EQUIPMENTFEEDERS—30ALF200$ 3500$ 700000
80DUPLEXOUTLETSEA40 $ 491.00$ 1964000
81DUPLEXOUTLETS-GFI EA3 $ 561.00$ 168300
82FUSEDDISCONNECTS-30AEA2 3 3510.00$ 702000
83MOTORSWITCHESEA 3; 702,003; 1544400
84POWERCONDUITANDWIRELF675$ 54.00$ 3645000
85DATA/TELEPHONEOUTLETSEA8 $ 772.00$ 617600
86SPEAKERS/STROBE-ALTERINGEA 3; 70200$ 561600
88TVBACKBOXESEA8 $ 351.00$ 280800
$1,590,147.00TOTALBASEBIDnumbers)**9:*********************************ENDOFBASEBIDITEMS*9:********************************** 22

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OneMinionFiveHundredNinetvThousandFourHundredSeventy—OneDollars NM
FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) BASEBIDTOTAL(inwords)
Contractor'sInitials
ADDITIVEABIDITEMSTOTAL(inwords)
Contractor'sInitialsIntheeventofavariationbetweentheunitpriceandextendedtotal,theunitpricewillbeusedandthecorrectedextensionwillbeconsideredastheamountbid.Ifthebidisillegibleandcannotbereconcileditwillbeconsiderednon—responsiveandwillnotbeconsideredforaward.Ifanadditiveand/oralternatebidscheduleiscalledforintheContractDocuments,thelowestbidwillbedeterminedonthebasisofthebasebidschedule(s)onlyunlessotherwisespecifiedintheNoticeInvitingBidsorbyAddendaifissuedtosupersedetheNoticeInvitingBidsonthisspecificissue.ForaContractwhereadeductivebidscheduleiscalledfor,thelowestbidwillbedeterminedbythetotalofallbidschedulesincludingthedeductivebidschedule(s).Regardlessofwhethertheadditive/deductiveoralternatesbiditemswillbeconsideredindeterminingthelowbid,theAgencymayelecttoincludeanyornoneoftheadditive/deductiveoralternatebiditems/schedules,ortootherwiseaddorremovecertainworkfromthescopeofWork.Accordingly,Contractorwarrantsthateachbiditemcontainsaproportionateshareofprofit,overheadandothercostsandexpenses,whichwillbeincurredbytheContractorfortheProject.Ifequallowbidsarereceivedfromresponsibleandresponsivebidderstheselectionshallbemadebydrawinglots,orothersimilarrandomblindmethodselectedbytheAgency.IfonlyoneresponsivebidisreceivedfromaresponsiblebiddertheawardshallnotbemadeunlessthepricecanbedeterminedtobereasonablebasedonananalysisbytheAgency.TheAgency’sdeterminationastothereasonablenessofanysuchbidshallbefinal.TheAgencyreservestherighttorejectanyorallbids,towaiveanyirregularity(ies),andtotakeallbidsunderadvisementforaperiodofsixty(60)calendardaysafterthedatethebidsarepubliclyopened.BidderacknowledgesthatallcostsincurredasaresultofpreparingtheproposalshallbethesoleresponsibilityofBidder.TheNoticeInvitingBidsandInstructionstoBiddersdoesnotcreateorimposeanyobligationupontheAgencytoenterintoacontract.

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) Allbidsreceivedshallberecordedonanabstract(tabulation)ofbids,andthenmadeavailableforpublicinspectionwithintwobusinessdaysofbidopening.Thequantitieslistedinthebidproposalareprovidedtogiveageneralindicationofthescopeoftheworkandforthecomparisonofbids.Nowarrantyismade,eitherexpressedorimplied,thattheactualquantitiesofworktobedonewillcorrespondtherewith.Itemnumbersfollowedby”(S)”aredesignatedasspecialtyitemswhichwillnotbeincludedtowardsthecalculationofminimumof50percentofworktobeperformedbyContractor’sownforces.BysigningandsubmittingthisbidtheContractorconfirmsthattheyarefamiliarwiththeworksiteandallexistingconditionsthatmayaffecttheirworkandthattheyhavereadandagreetoalltheterms,conditionsandrequirementscontainedorreferencedhereinorintheContractDocumentsandthatalltheaforementionedhasbeenincludedinthebidpriceslistedabove,includingitemsofworkthatmaynothaveaspecificpaylineitemandthatthereshallbenoadditionalcoststotheAgency.W ARNING:IfanaddendumoraddendahavebeenissuedbytheAgencyandnotnotedaboveasbeingreceivedbythebidder,thisBidmayberejected.

Completethefollowing:MLCCONSTRUCTORS,INC.DIR:1000667976CSLB:1068632Legalnameofthebusiness,DlRReg.andContractorLicenseNos.CorporationBusinessType(Corporation,Partnership,SoleProprietor) DBA(ifany)JamesMcCoy-PresidentNameandtitleoftheownerThomasLuby-VicePresidentNameandtitleofsecondpartnerorofficer710RimpauAve.Ste.208,Corona,CA92879BusinessAddress

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) JamesMcCoy-PresidentNameandtitleoftheownerThomasLuby-VicePresidentNameandtitleofsecondpartnerorofficer710RimpauAve.Ste.208,Corona,CA92879BusinessAddress951-393-0781Telephonenumber951—380—7588Facsimilenumber estimating@mlcconstructorscomNameandEmailaddressofprimarycontactwww.mlcconstructors.comCompanywebaddress atureofder DateSignatureofBidder Date
JamesMcCoy—PresidentThomasLuby—VicePresidentPrintnameandtitle Printnameandtitle(iftheBidderisacorporationtwosignaturesofcorporateofficersarerequired.)

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0610812.. .._..._ .asmin-..
ofsatisfactoryevidencetobethepeknowledgedtomethata‘byW-igna KARMAJASMINCNA VEINotaryPublicA(autumnRiversideCountyE;, Commissmnlzmau ‘
a4. Mycum.ExpiresMay10,2027E
/eMS/Represe
CALIFORNIAACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness.accuracy,orvalidityofthatdocument.StateofCalifornia }CountyofRiverside094DateOn beforeme,personallyappeared whoprovedtomeonthebasistothewithininstrumentandacauthorizedcapacity(ies),andth KarinaJ nChavez,NotarvPublinHereInsertNameandTitleoftheOfficerJamesMcCovandThomasLubvName(s)ofSigner(s)rson(s)whosename(ribedxecutedthesameinture(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.

NNM
IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhanda |.

SignaturePlaceNotarySealand/orStampAbove PublicOPTIONALCompletingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.Descriptionof edDocumentTitleorTypeofDoDocumentDate: NumberofPagesSigner(s)OtherThanNamedAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName:ElCorporateOfficer— Title(s):El cer— Title(s):ElPartner— ElLimitedEl E1Partner— El :1GeneralElIndividualeyinFactElIndividualeyinFactIIITrusteeDGuardianorConservatorElTrustee orConservatorElOther: ElOther:Sig nting: SignerisRepresenting:
©2018NationalNotaryAssociation

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) CERTIFICATEREGARDINGCONTRACTOR'SLICENSE1.ContractorisrequiredtopossessoneofthefollowingStateContractor'sLicense:StateofCalifornia“ClassB”Contractor’sLicenseCombinationofSpecialtyClassC—5,C—7,09,C-10,C-ZO,C—21,C-33,C—36,C-39Contractor’sLicenses.2.Afailureto(1)possesstherequiredlicense,(2)truthfullysetforththefollowinginformation,and/or(3)executethisCertificatemayrendertheproposalnonresponsiveandpermittheCitytorejecttheproposal.(BusinessandProfessionsCodeSection7028.15)

3.Contractordeclares,underpenaltyofperjury,thathe/she/itpossessestherequiredContractor'slicense(s)which:a.Bearsthelicensenumber(s)A!301010201036!C51b.Expireson9’30/2024 reofBidder DateSignatureofBidder Date
JamesMcCoy-PresidentThomasLuby-VicePresidentPrintnameandtitle Printnameandtitle (IftheBidderisacorporationtwosignaturesofcorporateo?‘icersarerequired.)ThisrequiredlicensedeterminationhasbeenmadebytheAgency.AnyContractorholdingadifferentlicensewhofeelsheisqualifiedtobidonthisworkmustsoadvisetheAgencyatleastseven(7)dayspriortothebidopening.TheAgencymayconductareviewofthecontemplatedworktore—evaluatetherequiredlicensedetermination.TheAgencymayinitssolediscretionmaintainorchangetherequiredlicensedetermination;Agency’sdecisionastotherequiredlicensewillbefinal.

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Q6LQ812. ._. ..._ Jasmi.
ofsatisfactoryevidencetobethepeknowledgedtomethatatbym.igna mo:
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CALIFORNIAACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCalifornia }CountyofRiverside094DateOn beforeme,personallyappeared whoprovedtomeonthebasistothewithininstrumentandacauthorizedcapacity(ies).andth KarinanChm/97,NotarvPuinHereInsertNameandTitleoftheOfficerJamesMcCovandThomasLubvName(s)ofSigner(s)rson(s)whosename(ribedxecutedthesameinture(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted.executedtheinstrument.

KARlNAJASMINCHA VEZNotaryPublic-CaliforniaRiversideCountyCommissionif2444064Comm.ExpiresMay10,2027 NNA1
PlaceNotarySealand/orStampAbove
IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhandand SignatureOPTIONALCompletingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.Descriptionof edDocumentTitleorTypeofDocuDocumentDate:Signer(s)OtherThanNamedAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName:ElCorporateOfficer— Title(s):ElPartner—ElLimitedE!ElIndividualinFactElTrusteeElGuardianorConservatorDOther:Sigpresenting:
©2018NationalNotaryAssociation
NumberofPages
ameEl — Title(s):ElPartner—ElL ElGeneralElIndividualeyinFactElTrusteeE!G orConservatorElOther:SignerisRepresenting

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Words)
June ,
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FireStationNo.1TenantImprovementClPNo.5747 BIDDER'SPROPOSAL(cont’d) BIDSECURITYFORMFORBONDKNOWALLBYTHESEPRESENTSThattheundersignedMLCConstructors.Inc.(NameofContractor)asPrincipalandtheundersignedasSuretyareheldandfirmlybounduntoOwner,CITYOFHEMET,apoliticalsubdivisionoftheStateofCalifornia,asobligee,inthepenalsumof(QMAmountIn TenpercentofamountbidDollars10%lawfulmoneyoftheUnitedStatesofAmericabeingatleasttenpercent(10%)oftheaggregateamountofsaidPrincipal’sbaseBid,forthepaymentofwhich,wellandtrulytobemade,webindourselves,oursuccessors,executors,administrators,andassigns,jointlyandseverally,firmlybythesepresents.WHEREAS,saidPrincipalissubmittingaBidforFireStation-No.1,TenantImprovement,Project#5747 THECONDITIONOFTHISOBLIGATIONISSUCHthatiftheBidsubmittedbythesaidPrincipalbeacceptedandtheContractbeawardedtosaidPrincipalandsaidPrincipalshallwithintherequiredperiodsenterintotheContractsoawardedandprovidetherequiredConstructionPerformanceBond,ConstructionLaborandMaterialPaymentBond,insurancecertificates,andallotherendorsements,forms,anddocumentsrequiredundertheInstructionstoBidders,thenthisobligationshallbevoid,otherwisetoremaininfullforceandeffect.INWITNESSWHEREOF,theaboveboundenpartieshaveexecutedthisinstrumentthis5thdayof 2024;.(Month)MLC,Inc. (CorporateSeal) cipalByMarkelInsurancenySurety(CorporateSeal) By Adrianan-Fact

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evidence«2bethepersonwwhosenameacknowledgmetha WexecutedthesameInlay-MsignaturemontheInstrumenttheperson.ortheenmy KARMAJASMINCHA VEZNotaryPublic-CamornlamumCmmtyi'v
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CALIFORNIAACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached.andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyofRiversideOn 06/08/2024beforeme,DatepersonallyappearedJamesMCCOV whoprovedtomeonthebasisofsatisfactorytothewithininstrumentand edtoauthorizedcapacity(ixs),andthat Karina.lasminChavez.anarvPublicHereInsertNameandTitleoftheOf?cerName(xlofSigner(x) ed uponbehalfofwhichthepersonmacted,executedtheinstrument.

NNA1
IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhandandofficial SignaturePlaceNotarySealand/orStampAbove PublicOPTIONALCompletingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.Descriptionof DocumentTitleorTypeofDocumentDate: NumberofPages:Signer(s)OtherThanNamedAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName: Sigme:ElCorporateOfficer— Title(s): ElCorpocer— Title(s)ElPartner— ElLimitedIII ElPartner— E] ElGeneral[1IndividualAttorneyinFactIIIIndividualrneyinFactElTrusteeElGuardianorConservatorElTrusteeI:I 0rConservatorElOther: ElOther:Sig nting SignerisRepresenting:
©2018NationalNotaryAssociation

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RTME
January 2002
Janu
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n?cr.ssumeofthisCerti?cateanulhorily.anucmdosowinbeAvinlanona!"1.5mmCod:Seemgroundsforlevnkingmixsz'?cm:ofAulkoypursuantman;canvcnzms appliminnamXII:Sandman;canmiuulnew», STATEOFCALIFORNIADEPANTOFINSURANCEN9075.0SANFRANCISCO
Certi?cateofAuthorityAmended
THISIsToCERTIFYTHAT;PursuanttotheInsuranceCodeoftheStateofCalifornia,MarkelInsurancecompanyof Deerfield,Illinois. ;,organizedundertheWSof Il1inois ‘ ,subjecttoitsArticlesofIncorporationorother?mdamentalorganizationaldocunwnts,isherebyauthorizedtotransactwithintheState,subjecttoallprovisionsofthisCerti?cate,thefollowingclassesofinsurance:Fire,Marine,Surety,Disability,PlateGlass‘,Liability,Workers'Compensation,CommonCarrierLiability,BoilerandMachinery,Burglary,Credit,Sprinkler,TeamandVehicle,Automobile}andMiecellaneo‘usg assuchclassesarenowormayhereafterbede?nedintheInsuranceLawsoftheStateofCalifomia.THISCERTIFICATEisexpresslyconditionedupontheholderhereofnowandhereafterbeingin”allcompliancewithall,andnotinviolationofany,oftheapplicablelawsandlawfulrequirementsmadeunderauthorityofthelawsoftheStateofCaliforniaaslongassuchlawsorrequirementsareine?ectandapplicable,andassuchlaWsandrequirementsnoware,-ormayhereafterbechangedoramended. 1NWITNESSWHEREOF,effectiveasofthe15thdayof , ,Ihavehereuntosetmyhandandcausedniylo?i‘cialsealtobea?ixedthisLeanna_ry.___4.2002 madeinthe therefor
FORM0-3 USP0039591

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J McCIa
of June
5 cnsu soany
BeaW,Assisla
POA#510028

JOINTLIMITEDPOWEROFATTORNEY
KNOWALLMENBYTHESEPRESENTS:ThatSureTecInsuranceCompany,aCorporationdulyorganizedandexistingunder-thelawsoftheStateofTexasandhavingitsprlncipalofficeintheCountyofHarris,TexasandMarkelInsuranceCompany(the”Company"),acorporationdulyorganizedandexistingunderthelawsofthestateofIllinois,andhavingitsprincipaladministrativeofficeinGlenAllen,Virginia,doesbythesepresentsmake,constituteandappoint:

CynthiaJ.Young,AdrianaValenzuela,KassandraDeLeon
Theirtrueandlawfulagent(s)andattorney(s)-in-fact,eachintheirseparatecapacityifmorethanoneisnamedabove,tomake,execute,sealanddeliverforandontheirownbehalf,individuallyasasuretyorjointly,asco—sureties,andastheiractanddeedanyandallbondsandotherundertakinginsuretyshipprovided,however,thatthepenalsumofanyonesuchinstrumentexecutedhereundershallnotexceedthesumof:FiftyMillionand00/100Dollars($50,000,000.00)ThisPowerofAttorneyisgrantedandissignedandsealedunderandbytheauthorityofthefollowingResolutionsadoptedbytheBoardofDirectorsofSureTecInsuranceCompanyandMarkelInsuranceCompany:”RESOLVED,ThatthePresident,anySeniorVicePresident,VicePresident,AssistantVicePresident,Secretary,AssistantSecretary,TreasurerorAssistantTreasurerandeachofthemherebyisauthorizedtoexecutepowersofattorney,andsuchauthoritycanbeexecutedbyuseoffacsimilesignature,whichmaybeattestedoracknowledgedbyanyofficerorattorney,ofthecompany,qualifyingtheattorneyorattorneysnamedinthegivenpowerofattorney,toexecuteinbehalfof,andacknowledgeastheactanddeedoftheSureTecInsuranceCompanyandMarkelInsuranceCompany,asthecasemaybe,allbondundertakingsandcontractsofsuretyship,andtoaffixthecorporatesealthereto.”INWITNESSWHEREOF,MarkelInsuranceCompanyandSureTecInsuranceCompanyhavecausedtheirof?cialsealtobehereuntoaffixedandthesepresentstobesignedbytheirdulyauthorizedof?cersontheethdayofFebruary.2024- SureTecInsuranceCompany
SEALBy: ByMichaelC.Keimig,President JennVicePresidentStateofTexasCountyofHarris:Onthis6thdayofFebruary,2024A.0.,beforeme,aNotaryPublicoftheStateofTexas,inandfortheCountyofHarris,dulycommissionedandqualified,cameTHEABOVEOFFICERSOFTHECOMPANIES,tomepersonallyknowntobetheindividualsandofficersdescribedin,whoexecutedtheprecedinginstrument,andtheyacknowledgedtheexecutionofsame,andbeingbymedulysworn,disposedandsaidthattheyaretheofficersofthesaidcompaniesaforesaid,andthatthesealsaffixedtotheproceedinginstrumentaretheCorporateSealsofsaidCompanies,andthesaidCorporateSealsandtheirsignaturesasofficersweredulyaffixedandsubscribedtothesaidinstrumentbytheauthorityanddirectionofthesaidcompanies,andthatResolutionsadoptedbytheBoardofDirectorsofsaidCompaniesreferredtointheprecedinginstrumentisnowinforce.INTESTIMONYWHEREOF,Ihavehereuntosetmyhand,andaffixedmyOfficialSealattheCountyofHarris,thedayandyearfirstabovewritten.

JULIEE.MCCLARYNotaryPublicStateofTexasBy:Commission#12947680—5ry,NotaryPublicCommissionExpiresMarch29.2026 commissionexpires3/29/2026We,theundersignedOf?cersofSureTecInsuranceCompanyandMarkelInsuranceCompanydoherbycertifythattheoriginalPOWEROFATTORNEYofwhichtheforegoingisafull,trueandcorrectcopyisstillinfullforceandeffectandhasnotbeenrevoked.INWITNESSWHEREOF,wehavehereuntosetourhands,andaffixedtheSealsofsaidCompanies,onthe5thday 2024.

MarkelInsuranceCompany
BY: By:M.BrentntSecretary
AnyInstrumentIssuedinexcessofthepenaltystatedaboveistotallyvoidandwithoutanyvalidity.510028Forveri?cationoftheauthorityofthisPoweryoumaycall(713)812-0800onanybusinessdaybetween8:30AMand5:00PMCST

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NDRA
E NotaryPublic- CalHam'raz 0rangeCounty1 M!Comm.ExpiresJul![ hepersoHe/she/t
andf?cialseal.

CALIFORNAALL-PURPOSEACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCalifornia)CountyofSanBernardino)On beforeme, KassandraDeLeon,NotaryPublicDate HereInsertNameandTitleoftheOfficerpersonallyappearedAdrianaValenzuelaName(,s)ofSigner(,s) whoprovedtomeonthebasisofsatisfactoryevidencetobet n($)whosenameUs)is/atesubscribedtothewithininstrumentandacknowledgedtomethatheyexecutedthesameinhis/her/tljeirauthorizedcapacity(ies),andthatbyhis/her/thbirsignature(ls)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichthepersonos)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphKASSADELEON' COMM.#24084382 IStrueandcorrect.8 WITNESSmyhandl5,2026SignatureofNotaryPublic PlaceNotarySealAboveOPTIONALThoughthissectionisoptional,completingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.DescriptionofAttachedDocumentTitleorTypeofDocument:DocumentDate: NumberofPages:Signer(s)OtherThanNamedAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName: Signer’sName:ElCorporateOfficer— Title(s): CorporateOfficer— Title(s):Partner— I:LimitedGeneralPartner— LimitedGenerall:IndividualAttorneyinFact l:IndividualEAttorneyinFact ATrusteeGuardianorConservatorDTrusteeGuardianorConservatorOther: Other:SignerlsRepresenting:SignerlsRepresenting:
@2015NationalNotaryAssociation'www.NationalNotary.org-1-800-USNOTARY(1-800—876-6827)Item#5907

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natu
FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) NON-COLLUSIONAFFIDA VITPUBLICCONTRACTCODESECTION7106NON-COLLUSIONDECLARATIONTOBEEXECUTEDBYBIDDERANDSUBMITTEDWITHBIDTheundersigneddeclares:IamthePreSidenlofMLCCONSTRUCTORSJNQthepartymakingtheforegoingbid.Thebidisnotmadeintheinterestof,oronbehalfof,anyundisclosedperson,partnership,company,association,organization,orcorporation.Thebidisgenuineandnotcollusiveorsham.Thebidderhasnotdirectlyorindirectlyinducedorsolicitedanyotherbiddertoputinafalseorshambid.Thebidderhasnotinanymanner,directlyorindirectly,soughtbyagreement,communication,orconferencewithanyonetofixthebidpriceofthebidderoranyotherbidder,ortofixanyoverhead,profit,orcostelementofthebidprice,orofthatofanyotherbidder.Allstatementscontainedinthebidaretrue.Thebidderhasnot,directlyorindirectly,submittedhisorherbidpriceoranybreakdownthereof,orthecontentsthereof,ordivulgedinformationordatarelativethereto,toanycorporation,partnership,company,association,organization,biddepository,ortoanymemberoragentthereof,toeffectuateacollusiveorshambid,andhasnotpaid,andwillnotpay,anypersonorentityforsuchpurpose.Anypersonexecutingthisdeclarationonbehalfofabidderthatisacorporation,partnership,jointventure,limitedliabilitycompany,limitedliabilitypartnership,oranyotherentity,herebyrepresentsthatheorshehasfullpowertoexecute,anddoesexecute,thisdeclarationonbehalfofthebidder.IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathattheforegoingistrueandcorrectandthatthisdeclarationisexecutedon6/7/2024date],atCoronacity],CA state] reofBidder DateSignatureofBidder Date
JamesMcCoy-President ThomasLuby-VicePresidentPrintnameandtitle Printnameandtitle(iftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.)

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ofsatisfactoryevidencetobetheknowledgedtomethat
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CALIFORNIAACKNOWLEDGMENTCIVILCODE§1189
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCalifornia }CountyofRiverside(ELM beforemeDateOnpersonallyappeared whoprovedtomeonthebasistothewithininstrumentandacauthorizedcapacity(ies).andth Karina.lagminChm/Q7NntanlPllhlinHereInsertNameandTitleoftheOf?cerJamesMcCovandThomasLubvName(s)ofSigner(s)rson(s)whosename(ribedxecutedthesameinture(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted.executedtheinstrument.

IVNN
IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhandandofficia SignaturePlaceNotarySealand/orStampAbove PublicOPTIONALCompletingthisinformationcandeteralterationofthedocumentorfraudulentreattachmentofthisformtoanunintendeddocument.Descriptionof DocumentTitleorTypeofDocumDocumentDate: NumberofPages:Signer(s)OtherThanNamedAbove:Capacity(ies)ClaimedbySigner(s)Signer’sName:ElCorporateOfficer— Tit|e(s) El cer— Tit|e(s):ElPartner— ElLimitedIII ElPartner— III I]GeneralElIndividualAttorneyinFactElIndividualinFactElTrusteeElGuardianorConservatorElTrustee orConservatorElOther: ElOther:presenting SignerisRepresenting ©2018NationalNotaryAssociation

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont'd) CONTRACTOR’SREFERENCELISTAttachtothisbidalistofthree(3)projectsinthepastfive(5)yearsonwhichthebidderandhissubcontractor(s)havesuccessfullyconstructedandcompletedprojectswiththesametype(elements),sizeandcomplexityofwork.TheAgencyEngineerwillmakethefinaldeterminationofwhethertheprojectslistedhereareofthesametype,sizeandcomplexityasthisproject.Failureofbiddertosupplysufficientdocumentationofsimilarelectric,telephone,cableandsanitarysewerundergroundfacilitiesexperienceshallbeconsideredgroundsforanon-responsivebidand,attheAgency’sdiscretion,saidbidwillbedisqualified.projectName:CoronaFireDeptartmentPrevetionTenantImprovementsContractPrice:“091344-00DateofCompletion:9/3/2023Name,Address,andTelephoneNumberofOwner'sRepresentative:CityofCoronaFireDept.735PublicSafetyWay,Ste.201,Corona,CA92878-9998CindySchmitz951—736—2464projectName:MountainViewSchoolDistrictSecuredEntryContractPrice:$259.442-00DateofCompletion:10/2/2023Name,Address,andTelephoneNumberofOwner'sRepresentative:MountainViewSchoolDistrict2585S.ArchibaldAve.Ontario,CA91761RonEbard909—635-4348projectName:CityofPalmdalePN—712MaintenanceYardImprovementsContractPrice:$1,576,028.00DateofCompletion:9/15/2022Name,Address,andTelephoneNumberofOwner'sRepresentative:CityofPalmdalePN-712MaintenanceYardimprovements391103rd.St.East.PalmdaleCA93550CyrusNasser661-267-5304 (Attachadditionalpagesasnecessary)

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) DESIGNATIONOFSUBCONTRACTORSNameofSubcontractorandLocationofPlaceDescriptionandSubcontractor’sDIRRegistrationofBusinessPercentageofWorkLicenseNo. Number (Biddertoattachadditionalsheetsifnecessary)(PUBLICCONTRACTCODE§4100ETSEQ.)

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Rev.11
february1620FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) BIDDERCERTIFICATIONSTOBEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBIDTheundersignedBiddercertifiestoOwnerassetforthinsections1through10,belowSTATEMENTOFCONVICTIONSBymysignaturehereunder,Iherebyswear,underpenaltyofperjury,thatnomorethanonefinal,unappealablefindingofcontemptofcourtbyaFederalCourthasbeenissuedagainstBidderwithinthepasttwoyearsbecauseoffailuretocomplywithanorderofaFederalCourtortocomplywithanorderoftheNationalLaborRelationsBoard.CERTIFICATIONOFWORKER’SCOMPENSATIONINSURANCEBymysignaturehereunder,astheContractor,IcertifythatIamawareoftheLaborCodeSection3700,whichrequireseveryemployertobeinsuredagainstliabilityforworker'scompensationortoundertakeself-insuranceinaccordancewiththeprovisionsofthatCode,andIwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkofthisContract.PleasenotethatthesubmittalofthiscertificatedoesnotrelieveContractorfromcomplyingwithalloftheinsurancerequirementsofthePublicWorksAgreementandContractDocuments.CERTIFICATIONOFPREV AILINGW AGERATESANDRECORDSBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSection1773,whichrequiresthepaymentofprevailingwageonpublicprojects.ContractorandanysubcontractorsundertheContractorshallcomplywithLaborCodeSection1776regardingwagerecords,andwithLaborCodeSection1777.5regardingtheemploymentandtrainingofapprentices.ContractorisresponsibletoensurecompliancebyanyandallsubcontractorsperformingworkunderthisContract.CERTIFICATIONOFCOMPLIANCEWITHPUBLICWORKSCHAPTEROFLABORCODEBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSections1777.1and1777.7Code,andContractorandSubcontractorsareeligibletobidandworkonpublicworksprojects.CERTIFICATIONOFNON-DISCRIMINATIONBymysignaturehereunder,astheContractor,Icertifythattherewillbenodiscriminationinemploymentwithregardtorace,color,religion,gender,sexualorientation,ageornationalorigin;thatallfederal,state,andlocaldirectivesandexecutiveordersregardingnon-discriminationinemploymentwillbecompliedwith;andthattheprincipalofequalopportunityinemploymentwillbedemonstratedpositivelyandaggressively.

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) CERTIFICATIONOFNON-DISQUALIFICATIONBymysignaturehereunder,astheContractor,Iswear,underpenaltyofperjury,thatthebelowindicatedBidder,anyofficerofBidder,oranyemployeeofBidderwhohasaproprietaryinterestinsuchBidder,hasneverbeendisqualified,removed,orotherwisepreventedfrombiddingon,orcompletingaFederal,State,orlocalgovernmentprojectbecauseofaviolationoflaworsafetyregulation,exceptasindicatedontheseparatesheetattachedheretoentitled”PreviousDisqualifications."Ifastatementof”PreviousDisqualifications”isattached,pleaseexplainthecircumstances.CERTIFICATIONOFADEQUACYOFCONTRACTAMOUNTBymysignaturehereunder,astheContractor,pursuanttoLaborCodeSection2810(a),Icertifythat,ifawardedtheContractbasedontheundersigned’sBid,theContractwillincludefundssufficienttoallowtheContractortocomplywithallapplicablelocal,state,andfederallawsorregulationsgoverningthelabororservicestobeprovided.IunderstandthatOwnerwillberelyingonthiscertificationifitawardstheContracttotheundersigned.CERTIFICATIONREGARDINGDIRCONTRACTOR/SUBCONTRACTORREGISTRATIONBymysignaturehereunder,astheContractor,IcertifythatContractor,andalllistedSubcontractorsarethesubjectofcurrentandactivecontractorregistrationspursuanttoDivision2,Part7,Chapter1(commencingwithsection1720)oftheCaliforniaLaborCode.Contractor’sregistrationnumberis[pleasecomplete]1000667976Subcontractors’registrationnumbersareasindicatedinDocument004314.CERTIFICATIONREGARDINGPREQUALIFICATIONINFORMATION[OPTIONAL]Bymysignaturehereunder,astheContractor,Icertifyasfollows:a.ContractorprequalifiedforthisProjectbysubmittingitsStatementofQualifications,dated(SOQ)b.[Pleasecompleteorstrikeoutthefollowingasinapplicable]Subsequently,onoraboutand ,ContactorsubmittedfurtherinformationsupplementingforforegoingStatementofQualifications.c.Allinformationdescribedaboveisreferredtoasthe”QualificationInformation."d.ContractorhascarefullyreviewedalloftheforegoingQualificationInformation.e.[Pleasecheckand/orcompleteoneofthefollowing]AllPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactuallybeingsubmittedtoOwnerasofthedatehereof.ExceptasotherwiseexpresslysetforthinseparateAdditionalPrequalificationInformation,submittedwiththeBid,allPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactually

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) beingsubmittedtoOwnerasofthedatehereof.[ContractormustprovideAdditionalPrequalificationInformationasdescribedaboveifthisitemischecked.]CERTIFICATIONOF[InsertotherOwner-specificcertifications,ifapplicable.Otherwise,delete.] BIDDER:

Signatureder DateSignatureofBidder Date
Printnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.)

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Address-
ignatuanK
undersigned
SigningMICConstructors,Inc.CorporateResolutionofAuthorityWHEREAS,the.CorpOrationisdeterminedtograntsigningandauthoritytocertainperson(s)describedhereunderRESOLVED,thattheBoardofDirectorsisherebyauthorizedandapprovedtoauthorizeandempowerthefollowingindividualtomake,execute,endorseanddeliverinthenameofandonbehalfofthecorporation,butshallnotbelimitedto,anyandallwritteninstruments,agreements,documents,executionofdeeds,powersofattorney,transfers,assignments,contracts,obligations,certi?catesandotherinstrumentsofwhatevernatureenteredintobythisCorporation.Name:JamesMcCoyPosition/Title:PresidentTelephoneNumber:[email protected] certi?esthathe/sheistheproperlyelectedandquali?edSecretaryofthebooks,recordsandsealofMLCConstructors,Inc.,acorporationdulyconformedpursuanttothelawsofthestateofCalifornia,andthatsaidmeetingwasheldinaccordancewithstatelawandwiththeBylawsoftheabove-namedcorporation.ThisresolutionhasbeenapprovedbytheBoardofDirectorsofMLCConstructors,Inc.onMarch4,2021.I,asauthorizedbytheCompany,herebycertifyandattestthatalltheinformationaboveistrueandcorrect.

ThomasLubySecretary

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Rev.0February2020
APENDX1

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)_1_114_.L,_'7_.i_.
willnotberesgonsible
FireStationNo.1TenantImprovement Rev.0CIPNo.5747 BIDDER'SPROPOSALFebruary2020 Theundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentfortheFireStationNo.1TenantImprovement,CIPNo.5747,andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2021asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.TheundersignedhasexaminedthelocationoftheproposedworkandalllocalandphysicalconditionsandchallengespresentedbytheProjectsite,isfamiliarwiththeplans,specifications,ContractDocuments(particularlyasdelineatedabove)andtherequirementsofthePublicWorksContract,andalsounderstandsthattheProjectshallbecompletelyconstructedinturn-keyconditionacceptabletotheOwnerwithintheProjecttimerequirementsforthepriceoftheproposal,includingallfeesandsalesand/orusetaxuponanymaterialssofurnished,includinganyunitpricesandadditive/deductiveitems.TheundersignedhasalsocarefullycheckedallofthefiguresgivenandunderstandsthattheAgency foranyerrorsoromissionsonthepartoftheundersignedinsubmittingthisproposal.Contractorconfirmsthathis/her/itsbidissubmittedwithrespecttothechangestotheContractand/orContractDocumentsincludedinalladdendaissuedbytheOwner.Inadditiontoreaffirmingthatthechangesandinformationcontainedintheaddendahavebeenintegratedintotheirproposal,ContractoracknowledgesreceiptofAddendaNo.(s1,2TheundersignedhasexaminedthecurrentStateofCaliforniascheduleofprevailingwageratesforthetypesofWorktobedoneonthisproject(andtheDavis-BaconActiftheAgencyusesfederalfundsfortheProject)andagreestopaynotlessthantheserates.Theundersignedherebyproposestofurnishanyandalllabor,materials,andequipmentfortheFireStationNo.1TenantImprovement,CIPNo.5747andappurtenantworkinconnectiontherewith,saidworktobedoneandmaterialstobefurnishedinstrictconformitywiththeContractDocuments,includingbutnotlimitedtotheNoticeInvitingBids,InstructionstoBidders,everyAddendum,plans,specifications,GeneralConditions,SpecialProvisions,GeneralProvisions,Greenbook2021asamendedandsupplemented,technicalreferences,allotherreferenceddocuments,allcodes,permitconditionsandregulations,forthetotalamount(s)andanyunitpricesandadditive/deductiveitemsshownonthisproposal.

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ITEMDESCRIPTIONNo1BLACKOUTSTRIPING2REMOVEWHEELSTOP
3NEWADASTRIPING
4 NEWADASIGNAGE
5REMOVESUBSTRATEFORPLUMBING/STRUCTURALACCESS6REMOVEFLOORING&BASE 7REMOVETILEFLOORS&W ALLS
8REMOVEDOORS&FRAMES
9REMOVEINTERIORW ALLS
10REMOVECEILINGFINISHES
11REMOVEROOFING/PENETRATION/REPAIR12EXHAUSTFANPENETRATIONSATROOF13REMOVEFIREPOLE/RAILINGSANDINFILLFLOOR14REMOVECASEWORK 15REMOVETOILETPARTITIONS&ACCESSORIES

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ITEMDESCRIPTIONNo16REMOVEPLUMBINGFIXTURES
17MECHANICALDEMOLITION
18ELECTRICALDEMOLITION
19MISCELLANEOUSDEMOLITION
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22PATCHANDREPAIR(E)W ALLSTOREMAIN23ADD-BLOCKING
24CAULKINGANDSEALANTS
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26ADD-VISIONPANELS
27ADD-90MINFIRERATING
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Rev.0February2020

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"53“055cm”umEgmjfg3;;31CERAMICTILE-FLOORINGW/HOTSFMOPW ATERPROOFING32CERAMICTILE-BASE LF 33CERAMICTILE-W AINSCOTSF
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38PAINTCEILINGSSF
39PAINTTODOORS&FRAMESEA
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41TOILETPAPERDISPENSERSEA3
42SOAPDISPENSERSEA3
43MIRRORSEA3
44PAPERTOWELDISPENSERSEA3
45 EA3
Rev.0February2020

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ITEMDESCRIPTIONNo46TOWELHOOKS
47DOORSIGNAGE
48LOCKERS-DOUBLESIDED
49LOCKERS-SINGLEACCESS
50TVMOUNTW.BACKING
51CASEWORK
52W ATERHEATER
53W ATERCLOSETS
54LA V ATORIES
55SHOWER
56FLOORDRAINS
57CONDENSATEPIPING
58ROUGH-INTOFIXTURES
59DOASUNIT
60VRFHEATRECOVERYCONDENSINGUNIT
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13 500

UNITPRICE
Rev.0February2020

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ITEMDESCRIPTIONNo61FANCOILUNITS-300CFM
62EXHAUSTFANS
63CONTROLS
64ROUGHINDISTRIBUTION
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73OCCUPANCYSENSORS
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Rev.0February2020

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78PANELFEEDERS-150A LF60
79EQUIPMENTFEEDERS-30ALF200
80DUPLEXOUTLETSEA40
81DUPLEXOUTLETS-GFI EA
82FUSEDDISCONNECTS-30AEA2
83MOTORSWITCHESEA
84POWERCONDUITANDWIRELF675
85DATA/TELEPHONEOUTLETSEA8
86SPEAKERS/STROBE-ALTERINGEA
88TVBACKBOXESEA8
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FireStationNo.1TenantImprovement Rev.0CIPNo.5747 BIDDER'SPROPOSAL(cont’d)February2020 BASEBIDTOTAL(inwords)
Contractor'sI
ADDITIVEABIDITEMSTOTAL(inwords)
Contractor'sInitialsIntheeventofavariationbetweentheunitpriceandextendedtotal,theunitpricewillbeusedandthecorrectedextensionwillbeconsideredastheamountbid.Ifthebidisillegibleandcannotbereconcileditwillbeconsiderednon—responsiveandwillnotbeconsideredforaward.Ifanadditiveand/oralternatebidscheduleiscalledforintheContractDocuments,thelowestbidwillbedeterminedonthebasisofthebasebidschedule(s)onlyunlessotherwisespecifiedintheNoticeInvitingBidsorbyAddendaifissuedtosupersedetheNoticeInvitingBidsonthisspecificissue.ForaContractwhereadeductivebidscheduleiscalledfor,thelowestbidwillbedeterminedbythetotalofallbidschedulesincludingthedeductivebidschedu|e(s).Regardlessofwhethertheadditive/deductiveoralternatesbiditemswillbeconsideredindeterminingthelowbid,theAgencymayelecttoincludeanyornoneoftheadditive/deductiveoralternatebiditems/schedules,ortootherwiseaddorremovecertainworkfromthescopeofWork.Accordingly,Contractorwarrantsthateachbiditemcontainsaproportionateshareofprofit,overheadandothercostsandexpenses,whichwillbeincurredbytheContractorfortheProject.Ifequallowbidsarereceivedfromresponsibleandresponsivebidderstheselectionshallbemadebydrawinglots,orothersimilarrandomblindmethodselectedbytheAgency.IfonlyoneresponsivebidisreceivedfromaresponsiblebiddertheawardshallnotbemadeunlessthepricecanbedeterminedtobereasonablebasedonananalysisbytheAgency.TheAgency’sdeterminationastothereasonablenessofanysuchbidshallbefinal.TheAgencyreservestherighttorejectanyorallbids,towaiveanyirregularity(ies),andtotakeallbidsunderadvisementforaperiodofsixty(60)calendardaysafterthedatethebidsarepubliclyopened.BidderacknowledgesthatallcostsincurredasaresultofpreparingtheproposalshallbethesoleresponsibilityofBidder.TheNoticeInvitingBidsandInstructionstoBiddersdoesnotcreateorimposeanyobligationupontheAgencytoenterintoacontract. “‘59;‘OUnAN’Qs: AQVXQA3MNCS$0“qu
?\\w-oo\

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont'd) Allbidsreceivedshallberecordedonanabstract(tabulation)ofbids,andthenmadeavailableforpublicinspectionwithintwobusinessdaysofbidopening.Thequantitieslistedinthebidproposalareprovidedtogiveageneralindicationofthescopeoftheworkandforthecomparisonofbids.Nowarrantyismade,eitherexpressedorimplied,thattheactualquantitiesofworktobedonewillcorrespondtherewith.Itemnumbersfollowedby”(S)”aredesignatedasspecialtyitemswhichwillnotbeincludedtowardsthecalculationofminimumof50percentofworktobeperformedbyContractor’sownforces.BysigningandsubmittingthisbidtheContractorconfirmsthattheyarefamiliarwiththeworksiteandallexistingconditionsthatmayaffecttheirworkandthattheyhavereadandagreetoalltheterms,conditionsandrequirementscontainedorreferencedhereinorintheContractDocumentsandthatalltheaforementionedhasbeenincludedinthebidpriceslistedabove,includingitemsofworkthatmaynothaveaspecificpaylineitemandthatthereshallbenoadditionalcoststotheAgency.W ARNING:IfanaddendumoraddendahavebeenissuedbytheAgencyandnotnotedaboveasbeingreceivedbythebidder,thisBidmayberejected.

Completethefollowing:Wakeco,Inc.Legalnameofthebusiness,DIRReg.andContractorLicenseNos BusinessType(Corporation,Partnership,SoleProprietor)NADBA(ifany)GavinWakefieldNameandtitleoftheownerKristenWakefieldNameandtitleofsecondpartnerorofficer42020WinchesterRd.BusinessAddress Rev.0February2020
Corporation

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06/20/2024WWI/{é06/20/2024
FireStationNo.1TenantImprovement Rev.0CIPNo.5747 BIDDER'SPROPOSAL(cont’d)February2020 951-200-5758Telephonenumber951—200-5752Facsimilenumber
GavinWakefield,estimating@wakecoinc.comNameandEmailaddressofprimarycontactWWWComad of DateSignatureofBidder DateGavmW CFO KristenWakefield,PresidentPrintname‘andtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateofficersarerequired.)

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FireStationNo.1TenantImprovement Rev.0CIPNo.5747 BIDDER'SPROPOSAL(cont’d)February2020 CERTIFICATEREGARDINGCONTRACTOR'SLICENSE1.ContractorisrequiredtopossessoneofthefollowingStateContractor'sLicenseStateofCalifornia"ClassB"Contractor’sLicenseCombinationofSpecialtyClassC-5,C—7,C-9,C-10,C-20,C—21,C-33,C-36,C-39Contractor’sLicenses2.Afailureto(1)possesstherequiredlicense,(2)truthfullysetforththefollowinginformation,and/or(3)executethisCertificatemayrendertheproposalnonresponsiveandpermittheCitytorejecttheproposal.(BusinessandProfessionsCodeSection7028.15)3.Contractordeclares,underpenaltyofperjury,thathe/she/itpossessestherequiredContractor'slicense(s)which:a elicensenumber(s)1086953b. 06/20/2024 06/20/2024SignatureofBidder DatenatureofBidder DateGavinW KristenWake?eld,PresidentPrintnameandtitle Printnameandtitle(IftheBidderisacorporationtwosignaturesofcorporateofficersarerequired.)ThisrequiredlicensedeterminationhasbeenmadebytheAgency.AnyContractorholdingadifferentlicensewhofeelsheisqualifiedtobidonthisworkmustsoadvisetheAgencyatleastseven(7)dayspriortothebidopening.TheAgencymayconductareviewofthecontemplatedworktore-evaluatetherequiredlicensedetermination.TheAgencymayinitssolediscretionmaintainorchangetherequiredlicensedetermination;Agency’sdecisionastotherequiredlicensewillbefinal.

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) BIDSECURITYFORMFORBONDKNOWALLBYTHESEPRESENTS:ThattheundersignedWakecoInc.(NameofContractor)asPrincipalandtheundersignedasSuretyareheldandfirmlybounduntoOwner,CITYOFHEMET,apoliticalsubdivisionoftheStateofCalifornia,asobligee,inthepenalsumoftenpercentoftotalamountbidAmountInWords)Dollars( nt)lawfulmoneyoftheUnitedStatesofAmericabeingatleasttenpercent(10%)oftheaggregateamountofsaidPrincipal’sbaseBid,forthepaymentofwhich,wellandtrulytobemade,webindourselves,oursuccessors,executors,administrators,andassigns,jointlyandseverally,firmlybythesepresents.WHEREAS,saidPrincipalissubmittingaBidfor[PROJECTNAMEANDDESCRIPTION]FIRESTATIONNO.1,TENANTIMPROVEMENT,CIPNO.5747THECONDITIONOFTHISOBLIGATIONISSUCHthatiftheBidsubmittedbythesaidPrincipalbeacceptedandtheContractbeawardedtosaidPrincipalandsaidPrincipai,shallwithintherequiredperiodsenterintotheContractsoawardedandprovidethe,requiredConstructionPerformanceBond,ConstructionLaborandMaterialPaymentBondginsurancecertificates,andallotherendorsements,forms,anddocumentsrequiredundertheInstructionstoBidders,thenthisobligationshallbevoid,otherwisetoremaininfullforceandeffect.INWITNESSWHEREOF,theaboveboundenpathis6thdayof June(CorporateSeal) ByPrincipalDevelopersSuretyandCompany SuretyMichaelR.Strahan.(CorporateSeal) By
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POWEROFATTORNEYFORCOREPOINTEINSURANCECOMPANYDEVELOPERSSURETYANDINDEMNITYCOMPANY59MaidenLane,43rdFloor,Nchork,NYI0038(2|2)220-7l20KNOWALLBYTHESEPRESENTSthat,exceptasexpresslylimitedherein,COREPOINTEINSURANCECOMPANYandDEVELOPERSSURETYANDINDEMNITYCOMPANY ,doherebymake,constituteandappoint:MichaelR.Strahan.EBStrahanandAllisonOcampo ofSanCA signedbytheAuthorizedSignorandattestedbytheirSecretaryorAssistantSecretarythis March27,2023noBy: ' Printed '.'I'itle:PresidanSuretyUnderwritina : E
ACKNOWLEDGEMENT:Anotarypublicorotherof?cercompletingthiscetti?cateveri?esonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.

STATEOFCaliforniaOnthis27dayot‘ Mun‘h_2023.beforewhoprovedtomeonthehusisofsatisfactoryevidencetobethepersonwhosenameissubscribedtowithintheinstrumentandacknowledgedtomethuttheyexecutedthesameintheirauthorizedcapacity,andthatbythesignatureontheinstrumenttheentitiesuponbchult‘whichthepersonacted,executedthisinstrumentIcertify,underpenaltyol‘pcrjury,underthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrectWITNESSmyhandandof?cialseal Signature CORPORATECERTIFICATIONTheundersigned,theSecretaryorAssistantSecretaryofCOREPOINTEINSURANCECOMPANYandDEVELOPERSSUREIYANDiNDEMNIFYCOMPANY ,doesherebycertifythattheprovisionsoftheresolutionsoftherespectiveBoardsot‘DirectorsofsaidcorporationssetforthinthisPowerot‘AttorneyareinforceasofthedateofthisCerti?cationThisCerti?cationisexecutedintheCitvofCleveland,Ohio,thisMarch19.2023byBy: BarryWMoses,AssisttintSeeretaryPOANoN/ADocuSignEnvelopeID:335ZBFDS-5E9D-4796-837E-C1E455E6530FEd0323Signedandsealedthis6thdayofJune,2024 asitstrueandlawfulAttoniey—in~Fact,tomakeexecute.deliverandacknowledge.forandonbehalfofsaidcompanies,assureties,bonds.undertakingsandcontractsofsuretyshipgivingandgrantinguntosaidAttomey~in-l"aetfullpowerandauthoritytodoandtoperformeveryactnecessary‘requisiteorpropertobedoneinconnectiontherewithaseachofsaidcompanycoulddo,butreservingtoeachol'saidcompanyfullpowerofsubstitutionandrevocation,andallot‘theactsofsaidAttomey-in-Fael.pursuanttothesepresents,areherebyrati?edandeonfnmedThisPowerol‘AttorneyiseffectiveFebruary2._2Qg§__ 7 . "v andshallexpireonDecember31,2025.lhisPowerofAttorneyisgrantedandissignedunderandbyauthorityoftheFollowingresolutionsadoptedbytheBoardofDirectotsol‘C(_)Rt-$P()INTEINSURANCECOMPANYandDEVELOPERSSURETYANDINDEMNITYCOMPANY(collectively‘“Company“)onFebruary10,2023RESOLVED.that , .andSurety,eachanemployeeofAmTrustNorthAmerica,Inc.anaffiliateoftheCompany(the“AuthorizedSignors"),areherebyauthorizedtoexecuteaPowerofAttomey.qualifyingatlmney(s)-in-faetnamedinthePowerofAttorneytoexecute,onbehalfoftheCompany.bonds.undertakingsandcontractsofsurelyship.orothersuretyshipobligations;andthattheSecretaryoranyAssistantSecretaryoftheCompanybetandeachol'themherebyis,authotizedtoattesttheexecutionofanysuchPowerofAttorney.RESOLVED,thatthesignatureol‘anyoneoftheAuthorizedSignorsandtheSecretaryoranyAssistantSecretaryoftheCompanyandthesealol‘theCompanymustbeaffixedtoanysuchPowerOi‘Attoll‘lC)“andanysuchsignatureorsealmaybeaf?xedbyfacsimile.andsoItPowerofAttomeyshallbevalidandbindingupontheCompanywhensoal?xedandinthefuturewithrespecttoanybandundertakingorcontractofsuretyshiptowhichitisattachedINWITNESSWHEREOF,COREPOINTEINSURANCECOMPANYandDEVELOPERSSURETYANDlNDEMNITYCOMPANYhavecausedthesepassentstobe COUNTYOFOrange1
me. .personallyappearedRmnYnm

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ACKNOWLEDGMENT
Anotarypublicorotherof?cercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidofthatdocument.StateofCaliforniaCountyof SanDiegol OnJune6th,2024beforeme,E.B.Strahan,NotaryPublic(insertnameandtitleoftheofficer)personallyappearedMichaelR.Strahanwhoprovedtomeonthebasisofsatisfactorysubscribedtothewithininstrumentandacknowledgedtomethathe executedthesamein WITNESSmyhandandoffici
NNAISignature (Seal)
evidencetobetheperson)whosenameis
person,ortheentityuponbehalfofwhichthepersonacted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect. (S)

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ACKNOWLEDGMENT
Anotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCalifornia_ _Countyof RiverSIde On06/07/2024beforeme,AnnaM.Velazquez,NotaryPublic(insertnameandtitleoftheofficer)personauyappearedGavinWakefield,CFOwhoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistruecorrect WITNESSmyhanndseal. “mnvmzquaz.NotaryPublic-CaliforniaRiversideCounWCommlssion1:2384633mm.Dec24.2025Signature (Seal)

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FireStationNo.1TenantImprovement Rev.0CIPNo.5747 BIDDER'SPROPOSAL(cont’d)February2020 NON-COLLUSIONAFFIDA VITPUBLICCONTRACTCODESECTION7106NON-COLLUSIONDECLARATIONTOBEEXECUTEDBYBIDDERANDSUBMITTEDWITHBIDTheundersigneddeclares:IamtheCFO ofWakeco,Inc.thepartymakingtheforegoingbid.Thebidisnotmadeintheinterestof,oronbehalfof,anyundisclosedperson,partnership,company,association,organization,orcorporation.Thebidisgenuineandnotcollusiveorsham.Thebidderhasnotdirectlyorindirectlyinducedorsolicitedanyotherbiddertoputinafalseorshambid.Thebidderhasnotinanymanner,directlyorindirectly,soughtbyagreement,communication,orconferencewithanyonetofixthebidpriceofthebidderoranyotherbidder,ortofixanyoverhead,profit,orcostelementofthebidprice,orofthatofanyotherbidder.Allstatementscontainedinthebidaretrue.Thebidderhasnot,directlyorindirectly,submittedhisorherbidpriceoranybreakdownthereof,orthecontentsthereof,ordivulgedinformationordatarelativethereto,toanycorporation,partnership,company,association,organization,biddepository,ortoanymemberoragentthereof,toeffectuateacollusiveorshambid,andhasnotpaid,andwillnotpay,anypersonorentityforsuchpurpose.Anypersonexecutingthisdeclarationonbehalfofabidderthatisacorporation,partnership,jointventure,limitedliabilitycompany,limitedliabilitypartnership,oranyotherentity,herebyrepresentsthatheorshehasfullpowertoexecute,anddoesexecute,thisdeclarationonbehalfofthebidder.IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathattheforegoingistrueandcorrectandthatthisdeclarationisexecutedonQ?QQQQQg[date],at 06/20/2024ureofBidder DateSignatureofBidder DateGavinWake?eld, KristenWakefieldPrintnameandtitle Printnameandtitle(IftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.)

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FireStationNo.1TenantImprovementCIPNo.5747 BIDDER'SPROPOSAL(cont’d) CONTRACTOR’SREFERENCELISTAttachtothisbidalistofthree(3)projectsinthepastfive(5)yearsonwhichthebidderandhissubcontractor(s)havesuccessfullyconstructedandcompletedprojectswiththesametype(elements),sizeandcomplexityofwork.TheAgencyEngineerwillmakethefinaldeterminationofwhethertheprojectslistedhereareofthesametype,sizeandcomplexityasthisproject.Failureofbiddertosupplysufficientdocumentationofsimilarelectric,telephone,cableandsanitarysewerundergroundfacilitiesexperienceshallbeconsideredgroundsforanon-responsivebidand,attheAgency'sdiscretion,saidbidwillbedisqualified.ProjectName:ContractPrice:$14.510 DateofCompletionName,Address,andTelephoneNumberofOwner'sRepresentative:City ProjectName:ContractPrice: DateofCompletionName,Address,andTelephoneNumberofOwner'sRepresentative:nds.CA92374176ProjectNameContractPrice: DateofCompletionName,Address,andTelephoneNumberofOwner'sRepresentative:
(Attachadditionalpagesasnecessary)
03/2024
Rev.9;February2026
InterimFireStation11 03/18/2024
ofOntario—1333S.BonViewAve.Ontario,CA91761CynthiaHeredia-Torres909-395-2647HV ACUpgradesatDistrictOffice$2,112,323 edlandsUSD-20WT.IwnniaAve.enMorse909—7RailroadCanvonESPhase2-Placementof(7)NewReloClassroomBuildings08/2023 LakeElsinoreUSD-545ChaneyStreet.LakeElsinore,CA92530
— (CM)323—213-0887

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FireStationNo.1TenantImprovementClPNo.5747 BIDDER'SPROPOSAL(cont’d) BIDDERCERTIFICATIONSTOBEEXECUTEDBYALLBIDDERSANDSUBMITTEDWITHBIDTheundersignedBiddercertifiestoOwnerassetforthinsections1through10,belowSTATEMENTOFCONVICTIONSBymysignaturehereunder,Iherebyswear,underpenaltyofperjury,thatnomorethanonefinal,unappealablefindingofcontemptofcourtbyaFederalCourthasbeenissuedagainstBidderwithinthepasttwoyearsbecauseoffailuretocomplywithanorderofaFederalCourtortocomplywithanorderoftheNationalLaborRelationsBoard.CERTIFICATIONOFWORKER'SCOMPENSATIONINSURANCEBymysignaturehereunder,astheContractor,IcertifythatIamawareoftheLaborCodeSection3700,whichrequireseveryemployertobeinsuredagainstliabilityforworker'scompensationortoundertakeself-insuranceinaccordancewiththeprovisionsofthatCode,andIwillcomplywithsuchprovisionsbeforecommencingtheperformanceoftheworkofthisContract.PleasenotethatthesubmittalofthiscertificatedoesnotrelieveContractorfromcomplyingwithalloftheinsurancerequirementsofthePublicWorksAgreementandContractDocuments.CERTIFICATIONOFPREV AILINGW AGERATESANDRECORDSBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSection1773,whichrequiresthepaymentofprevailingwageonpublicprojects.ContractorandanysubcontractorsundertheContractorshallcomplywithLaborCodeSection1776regardingwagerecords,andwithLaborCodeSection1777.5regardingtheemploymentandtrainingofapprentices.ContractorisresponsibletoensurecompliancebyanyandallsubcontractorsperformingworkunderthisContract.CERTIFICATIONOFCOMPLIANCEWITHPUBLICWORKSCHAPTEROFLABORCODEBymysignaturehereunder,astheContractor,IcertifythatIamawareofLaborCodeSections1777.1and1777.7Code,andContractorandSubcontractorsareeligibletobidandworkonpublicworksprojects.CERTIFICATIONOFNON-DISCRIMINATION.Bymysignaturehereunder,astheContractor,Icertifythattherewillbenodiscriminationinemploymentwithregardtorace,color,religion,gender,sexualorientation,ageornationalorigin;thatallfederal,state,andlocaldirectivesandexecutiveordersregardingnon—discriminationinemploymentwillbecompliedwith;andthattheprincipalofequalopportunityinemploymentwillbedemonstratedpositivelyandaggressively.

Rev.0February2020

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FireStationNo.1TenantImprovement Rev.0CIPNo.5747 BIDDER'SPROPOSAL(cont’d)February2020 CERTIFICATIONOFNON-DISQUALIFICATIONBymysignaturehereunder,astheContractor,Iswear,underpenaltyofperjury,thatthebelowindicatedBidder,anyofficerofBidder,oranyemployeeofBidderwhohasaproprietaryinterestinsuchBidder,hasneverbeendisqualified,removed,orotherwisepreventedfrombiddingon,orcompletingaFederal,State,orlocalgovernmentprojectbecauseofaviolationoflaworsafetyregulation,exceptasindicatedontheseparatesheetattachedheretoentitled”PreviousDisqualifications."Ifastatementof”PreviousDisqualifications”isattached,pleaseexplainthecircumstances.CERTIFICATIONOFADEQUACYOFCONTRACTAMOUNTBymysignaturehereunder,astheContractor,pursuanttoLaborCodeSection2810(a),Icertifythat,ifawardedtheContractbasedontheundersigned’sBid,theContractwillincludefundssufficienttoallowtheContractortocomplywithallapplicablelocal,state,andfederallawsorregulationsgoverningthelabororservicestobeprovided.IunderstandthatOwnerwillberelyingonthiscertificationifitawardstheContracttotheundersigned.CERTIFICATIONREGARDINGDIRCONTRACTOR/SUBCONTRACTORREGISTRATIONBymysignaturehereunder,astheContractor,IcertifythatContractor,andalllistedSubcontractorsarethesubjectofcurrentandactivecontractorregistrationspursuanttoDivision2,Part7,Chapter1(commencingwithsection1720)oftheCaliforniaLaborCode.Contractor’sregistrationnumberis[pleasecomplete]1000865957Subcontractors’registrationnumbersareasindicatedinDocument004314 (50(1)b.[PleasecompleteorStrikeoutthefollowingasinapplicable]Subsequently,onoraboutand ,ContactorsubmittedfurtherinformationsupplementingforforegoingStatementofQualifications.c.Allinformationdescribedaboveisreferredtoasthe”QualificationInformation.”d.ContractorhascarefullyreviewedalloftheforegoingQualificationInformation.e.[Pleasecheckand/orcompleteoneofthefollowing]AllPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactuallybeingsubmittedtoOwnerasofthedatehereof.ExceptasotherwiseexpresslysetforthinseparateAdditionalPrequalificationInformation,submittedwiththeBid,allPrequalificationInformationremainstrueandcorrectinallmaterialrespectsasofthedatehereof,asifsuchinformationwereactually CERTIFICATIONREGARDINGPREQUALIFICATIONINFORMATION[OPTIONAL]Bymysignaturehereunder,astheContractor,Icertifyasfollows:a.ContractorprequalifiedforthisProjectbysubmittingitsStatementofQualifications,dated

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nameaha
FireStationNo.1TenantImprovement Rev.0CIPNo.5747 BIDDER'SPROPOSAL(cont’d)February2020 beingsubmittedtoOwnerasofthedatehereof.[ContractormustprovideAdditionalPrequalificationInformationasdescribedaboveifthisitemischecked.]CERTIFICATIONOF[InsertotherOwner-specificcertifications,ifapplicable.Otherwise,delete.] 06/20/2024Signature DateSignatureofBidder Date
GavinW CFO KristenWake?eld,PresidentPrinttitle Printnameandtitle(iftheBidderisacorporation,twosignaturesofcorporateofficersarerequired.)

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution Relating to Salary Ranges and Benefits for the Management/Confidential Group, of Conditions and Requirements, the Responsibilities, Respect with Policy Establishing to Employment of the Management/Confidential Group of the City of Hemet, Repealing Resolution No. 2023-168

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution Relating to Salary Ranges and Benefits for the Management/Confidential Group, Responsibilities, of Conditions and the Requirements, Respect with Policy Establishing to Employment of the Management/Confidential Group of the City of Hemet, Repealing Resolution No. 2023-168.

BACKGROUND:

As defined by the resolution, Management/Confidential employees are those who are under the direction of the City Manager to promote the goals and objectives of the City Council. Lastly, for positions which do not fall under a “confidential” designation, but also may not appropriately be classified represented designated be would positions a position, as as those Management/Confidential to clearly define the salary and benefits of the position.

ANALYSIS:

The information below provides the proposed revisions contained within the Resolution:

Term:

Two-year agreement - Effective July 1, 2024 through June 30, 2026 Salaries:

Market Equity Adjustment - Effective first full pay period after July 1, 2024, all group members shall receive salary increases as listed in Appendix "A"

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Cost of Living Adjustment (COLA) - Effective first full pay period after July 1, 2025, all group members shall be granted a 3% salary increase.

Education Incentive Program (NEW):
$200 per month for Bachelor's Degree. Provided it exceeds the minimum requirement for the position.

401(a):

Increase City contribution from $100 per month to $125 per month for employees not eligible for the City paid retiree medical insurance. (This section was previously left out of the Management Confidential Resolution in error.)

Health Insurance:

Effective for health plan year 2024/2025, increase City's contribution for eligible employees from $1,100.00 per month (based on a composite premium) to the rates based on tiers as listed below.

KAISER LOW

Plan Year
2024/2025
Plan year
2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,595.00 $1,645.00

KAISER HIGH

Plan Year
2024/2025
Plan year
2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,670.00 $1,720.00
Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High).

If other bargaining groups negotiate a higher medical insurance increase, MC represented employees will receive the same increase.

Vision- Annual family allowance will increase from $450 to $500.

Vacation Cashout Limitation:

There shall be no cashout of vacation from July 1, 2024 through December 31, 2024.

Vacation cashout from January 1, 2025 through June 30, 2026 shall be limited to eighty (80) hours.

The following revisions are recommended to the Management/Confidential Resolution to help clarify and update language within the Resolution:

1. Added the following Classification Titles:
a. Community Solutions Coordinator

2. Removed outdated language related to salary increases.

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3. Include gender neutral language.

4. Added Western Association of Schools and Colleges (WASC) accreditation requirement to Education Reimbursement

All other requirements, responsibilities, and conditions of employment shall remain unchanged under this Resolution. Additionally, minor clerical/grammatical items have been corrected.

DISCUSSION:

The main focus of the proposed revisions to the Management/Confidential Resolution is to add the market equity increases to be effective with the first full pay period after July 1, 2024.

Requirements, responsibilities, and conditions of employment are covered by the Management/Confidential Resolution and are not subject to meet and confer procedures pursuant to the Meyers-Milias-Brown Act (MMBA).

PREVIOUS COUNCIL ACTION:

The City Council previously approved the current Management/Confidential Resolution on October 10, 2023.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

The annual costs of the MOU are as follows:

Total contract cost is $424,000.

ALTERNATIVE(S):

Council can vote to approve this item, not approve this item, or direct the CIty Manager to research an alternative solution.

REVIEWED BY LEGAL:

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☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Appendix A- Mgmt Conf Salary Increases Effective July 2024 Attachment 2: Management Confidential Resolution. July 2024

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Appendix "A"
City of Hemet
Management/Confidential Group
Market Equity Increases by Classification
Effective July 8, 2024
Classification SALARY INCREASE
Accounting Manager 18.8%
Communications and Events Coordinator 0.0%
Community Solutions Coordinator 0.0%
Deputy City Clerk 2.5%
Economic Development Analyst 0.0%
Economic Development Manager 0.0%
Executive Analyst- City Manager's Office 7.8%
Executive Assistant - City Manager's Office 10.3%
Human Resources Analyst 0.0%
Human Resources Manager 18.8%
Human Resources Technician 0.0%
Management Analyst 5.0%
Payroll/Human Resources Specialist 2.5%
Police Personnel & Training Coordinator 16.0%
Principal Accountant 13.1%

07.4.2024Page 5 of 32

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CITY OF HEMET RESOLUTION NO. 20243-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
‘>:RESOLUTION NO. 20232024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, RELTING TO SALARY

RANGES AND BENEFITS FOR THE

MANAGEMENT/CONFIDENTIAL GROUP ESTABLISHING

POLICY WITH RESPECT TO THE REQUIREMENTS,

RESPONSIBILITIES, DESIGNATION AND EMPLOYMENT
OF “MANAGEMENT/CONFIDENTIAL GROUP” OF THE
CITY OF HEMET AND REPEALING RESOLUTION NO.
20232-102168
The City Council of the City of Hemet, California (hereafter referred to as the “City ]\Council”) does resolve as follows:

WHEREAS, in the organizational structure of any organization involving the chain of responsibility and authority, it is desirable to establish and define the limits of the Management/Confidential Group; and
WHEREAS, it is agreeable and desirable to define the Management/Confidential Group and the responsibilities of such group as well as the benefits to be derived by the personnel designated as “Management/Confidential”; and
WHEREAS, this Resolution shall remain in effect until superseded by a subsequent resolution concerning this matter; and
WHEREAS, it is the intent of this Resolution to set forth and clarify certain practices and procedures with regard to administration and nothing contained herein shall be deemed to supersede the City’s Merit Personnel System, including personnel ordinances and resolutions, unless otherwise specifically addressed herein; and

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CITY OF HEMET RESOLUTION NO. 20243-XXX 2
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WHEREAS, the City desires to amend this Resolution in order to periodically revise the language within to ensure that the requirements, responsibilities, and conditions of this Resolution remain clear and up-to-date.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS: that the City Council of the City of Hemet, California, affirms the terms and conditions for Management/Confidential employees attached hereto as Exhibit A.

PASSED, APPROVED AND ADOPTED this 910th day of JulyOctober, 20243. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 20243-XXX 3
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 910th day of OctoberJuly, 20234, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 20243-XXX 4
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Exhibit A
Terms and Conditions for Management/Confidential Employees SECTION 1. Designated Classifications.

The following positions are designated as classifications subject to the conditions set forth in this Resolution.

Management/Confidential Positions
• Accounting Manager
• Accounting Supervisor
• Assistant to the City Manager
• Communications and Events Coordinator
• Community Solutions Coordinator
• Deputy City Clerk*
• Economic Development Analyst
• Economic Development Manager
• Executive Analyst in the City Mgr. Office
• Executive Assistant in the City Mgr. Office*
• Human Resources Analyst
• Human Resources Manager
• Human Resources Coordinator*
• Human Resources Technician*
• Management Analyst
• Payroll/Human Resources Specialist*
• Payroll Technician*
• Police Personnel & Training Coordinator*
• Principal Accountant
• Program Coordinator*
• Sr. Human Resources Technician*
Note: Employees with an asterisk (*) are not exempt and are entitled to overtime.

SECTION 2. Periodic Review of Management Resolution.

The City Council reserves the right and discretion to review and amend this Resolution as it deems necessary.

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SECTION 3. Repeal of Resolution
Resolution No. 20232-168102 is hereby repealed.

SECTION 4. Purpose.

The purposes of establishing a Management/Confidential Group are as follows:

A. To create a Group under the direction of the City Manager to promote the goals and objectives of the City Council.

B. To establish a system of compensation for Management/Confidential personnel with competitive salary and benefit levels in the labor market.

C. To distinguish Management/Confidential positions and responsibility from classified employees.

D. To promote harmony through identification of a Management/Confidential group with common goals and responsibilities.

E. To offer the highest possible caliber of public servants.

F. To maintain an appropriate separation between the administration and political body of the City.

G. To promote harmony and confidentiality in bargaining with labor groups.

SECTION 5. Participative Team Concept.

A. Open communication among Management/Confidential personnel members.

B. Responsibility to participate in the ongoing decision-making process.

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C. Employees shall have a responsibility to promote a harmonious approach to problem solving and implementation of City Council goals and share in the responsibility of the decision-making process.

D. Employees are expected to fulfill their responsibilities in administrative decisions and assignments and to respond to emergency situations.

E. Employees are expected to devote as much time as is necessary to perform their particular duties regardless of emergencies, work stoppage, or the normal work demands of the City.

SECTION 6. Philosophy of Compensation.

The City of Hemet recognizes that it competes in a marketplace to obtain qualified personnel to perform and provide municipal services. It further recognizes that compensation and conditions of employment must be sufficiently attractive to draw and retain qualified employees. Therefore, the City will compensate its Management/Confidential group employees with wages and benefits competitive within the labor market and commensurate with satisfactory performance of the employee.

SECTION 7. Salary Increases, Salary Ranges, and Merit/Performance Reviews.

A. Salary Ranges.

1. Each budgeted job classification covered by this Resolution shall have a salary range as approved by the City Council in the annual operating budget.

2. Each such classification salary range shall have seven (7) steps consisting of five percent (5%) increments, unless otherwise specified.

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B. Salary.

1. Market Equity Adjustment- Effective the first full pay period after July 1, 2024, all classifications in the Management/Confidential Goup wll be adjusted by the amounts listed in Appendix “A”.

2. Effective the first full pay period after July 1, 2025 all employees in the Management/Confidential Group will receive a 3% Cost of Living Adjustment (COLA)
B.C. Referral Bonus for Referrals of Lateral Police Officers and Lateral Public Safety Dispatchers.

1. The City wishes to attract experienced job applicants for the positions of Lateral Police Officers and Lateral Public Safety Dispatchers. (a) The Management/Confidential employee recommends a job applicant for the classification of Lateral Police Officer or Lateral Public Safety Dispatchers to the City on or after the effective date of this resolution. (b) The recommended applicant actually applies for, and is hired into the classification of Lateral Police Officer or Lateral Public Safety Dispatcher.
(c) The recommended applicant lists the name of the
Management/Confidential member who made the recommendation on the applicant’s City job application.
(d) The recommended applicant completes the applicable training program for the applicant’s position (Field Training Program for Lateral

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Police Officers and Communications Training Officer Program for Lateral Public Safety Dispatchers.
(e) The Management/Confidential employee and the recommended applicant must remain employees of the City until other requirements are met, in order for the Management/Confidential employee to be eligible to receive the referral bonus.
(f) The referral bonus shall be $2,500 (two thousand, five hundred dollars) and shall become payable on the first pay period after all of the above requirements have been met.
(g) Payments will be subject to all regular deductions, including state and federal tax withholdings, and as required by law.

C.D. Longevity.

1. Effective the second full pay period after City Council approval of this MOU, all unit members with fifteen (15) years of City service shall be paid a stipend of one hundred fifty dollars ( $150) per month.

2. Effective the second full pay period after City Council approval of this MOU, all unit members with twenty (20) years of City service shall be paid an additional stipend of one hundred fifty dollars ($150) per month.

E. Educational Incentive Program:
•The City will pay a maximum of two hundred dollars ($200) per month to those employees presently holding or hereafter obtaining a Bachelor’s degree in a subject related to their current position, provided that it exceeds the minimum requirement for the position held. Degrees must be earned from institutions of higher education fully accredited by the Western Association of Schools and Colleges (“WASC”)

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2. D.F. Merit/Performance Review.

1. Upon hire, the employee shall be paid a salary for six (6) months from the date of hire, based upon the established range for that position. At the end of the six (6) months the employee may become eligible for a merit increase.

Thereafter, all future merit increases shall occur twelve (12) months from the date of the first merit increase.

2. The City Manager, upon recommendation of the Department/Division Head, shall have the authority to advance an individual within a range a maximum of five percent (5%) for merit purposes. This advancement may occur at the end of the initial six (6) months after the date of hire, or anytime thereafter.

3. Salary appointment should be made at the first step of the salary range for the particular classification in which the appointment is made. The City Manager, upon recommendation of the Department/Division Head, shall have the authority to appoint to a higher step of the salary range if recruitment circumstances warrant.

4. Advancement within a salary range shall be authorized only after the affirmative action of the City Manager. Such action shall be based only on satisfactory job performance.

5. All performance evaluations shall be confidential.

6. As directed by the City Manager, sufficient instruction will be made available to pertinent personnel on the subject of performance evaluation.

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SECTION 8. Management/Confidential Personnel Compensation Review Procedures.

A. Policy Concerning Compensation Review Procedures. Compensation and increases thereof, if any, are a matter within the sole discretion of the City Council. The City Council, in keeping with its purpose and philosophy as stated in Sections 4 and 6, to provide competitive salaries to meritorious employees, hereby establishes the following procedures. The City Council reserves the right to amend these procedures from time to time as may be necessary to accomplish the purposes set forth herein.

B. Compensation. As established in Hemet Municipal Code, Chapter 54, the City Manager is responsible for administering the City's personnel system.

He/sheThey are is further responsible for evaluating its personnel to assure competency in all positions, except his/hertheir own and that of the City Attorney. It is, therefore, the responsibility of the City Manager to administer the system set forth hereinabove in Subsection 7.B in a manner consistent with this objective.

C. Overtime.

1. The City Manager has determined that some employees in positions subject to this Resolution are exempt for purposes of state and federal wage and hour laws and are not entitled to overtime compensation. Benefits and salary are considered adequate compensation for overtime demands placed on these individuals.

2. Non-Exempt Employees and Compensatory Time.

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(a) Employees identified with an asterisk (*) in the list of classifications for this Resolution are not exempt for purposes of state and federal wage and hour laws regarding overtime compensation and will be entitled to overtime pay at the rate of one and one-half (1 ½) his/hertheir regular hourly rate of pay for each hour worked in excess of forty (40) hours in any one workweek.
(b) Compensatory Time (CT)
(i) Employees eligible for overtime may elect to convert earned overtime to CT at the rate of one and one-half (1 ½) hours for each hour actually worked. CT may be accrued up to eighty (80) hours.

An employee who has accrued eighty (80) hours of compensatory time may not elect to convert overtime to compensatory time and will be compensated for one and one-half (1 ½ ) hours for each additional hour of overtime actually worked.
(ii) An employee who has requested the use of earned CT shall be permitted to use such time within a reasonable period after making the request if the use of the CT does not unduly disrupt the operations of the department.
(iii) An employee at any time may request and receive compensation for any CT. Such compensation shall be paid at the regular rate earned by the employee at the time the employee receives such payment.

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D. Disaster/Emergency Response. Employees not eligible for overtime will receive compensation for time worked outside their regularly-scheduled duty, paid at the rate of one and one-half (1 ½ ) times their hourly rate, for services rendered for participating in a disaster/ emergency response, requested by the Office of Emergency Services and assigned by the City Manager, outside the city limits. State or federal reimbursement for these services will revert to the City.

SECTION 9. Management/Confidential Personnel Benefits.

A. Part-time Benefits. Part-time employees, who work less than half-time, shall not receive any Management/Confidential personnel benefits. Part-time employees, who work at least half-time, shall receive Management/Confidential personnel benefits as follows:

1. The following Management/Confidential personnel benefits are provided on the same basis as is given to a full-time employee:
(a) Retirement;
(b) Leave of Absence Without Pay;
(c) Non-Occupational Disability Leave;
(d) Professional Organizations;
(e) Grievance and Disciplinary Appeals Procedure;
(f) Deferred Compensation; and
(g) Optional Work Schedule.

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2. The following Management/Confidential personnel benefits are prorated on the basis of the percentage of hours that the employee works compared to a full-time employee:
(a) Personal Time Off;
(b) Sick Leave;
(c) Health Insurance. The City will pay the prorated percentage of the cost of the medical plan selected by the employee. The City will pay the prorated percentage of the cost of the City's self-funded dental and vision plans;
(d) One time, Lump Sum, Non-Recurring, Non-Pensionable Payments; (e) Jury Duty;
(f) Holiday Policy;
(g) Retiree Health Insurance Benefits, pursuant to the Retiree Health Policy;
(h) Bereavement Leave.

3. The following Management/Confidential personnel benefits are provided as indicated under the specific benefit:
(a) Medical Examination.

4. The following Management/Confidential personnel benefits are not provided to any part-time employee:
(a) Administrative Leave;
(b) Disability Insurance;
(c) Life Insurance;

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(d) City Vehicles;
(e) Educational Reimbursement.

B. Deferred Compensation.

1. The City will provide a City-paid deferred compensation program which shall be included as "salary" in any compensation review as set forth hereinabove in Section 8. The rate for City-paid deferred compensation for all employees is set at 2% of monthly salary.

2. The City will match dollar for dollar into the employee deferred compensation plan through a deferred compensation company selected by the City, up to a maximum of one hundred fifty dollars ($150.00) per month.

2.3. 401(a) For employees not eligible for the City paid retiree medical insurance, the City will contribute one hundred twenty five dollars ($125) per month.

C. Medical Examination. The City will reimburse all Management/Confidential personnel for a medical examination by the physician of their choice which could include EKG, X-rays, and any such other tests that the employee might elect to have. The reimbursement amount for direct costs incurred shall not exceed two hundred fifty dollars ($250) per calendar year (one hundred twenty five dollars, $125 for part-time). Subject to review for eligibility.

D. Personal Time Off. The City shall administer a Personal Time Off (PTO) program which will provide for vacations, family sick leave, and management leave. The PTO program combines earned vacation, management/supervisory leave, and a portion of sick leave benefits.

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1. Management/Confidential Personnel employees will accrue Personal Time Off according to the following tables:

Exempt Employees
Length of
Service
Vacation
Hours
Management/
Supervisory
Leave (Hours)
Sick
Leave
Hours
Total Personal Time
Off (Hours)
1-12 years 160 40 48 248
12+ years 168 40 48 256
All hour totals are calculated based on 8 hour days.

Overtime Eligible Employees
Length of Service Vacation
Hours
Sick Leave
Hours
Total Personal
Time Off
(Hours)
1-3 years 96 48 144
4- 6 years 120 48 168
7-9 years 144 48 192
10-12 years 160 48 208
12+ years 168 48 216
All hour totals are calculated based on 8 hour days.

2. Guidelines for Use of Personal Time Off:
(a) Accumulation of Personal Time Off (PTO) shall be limited to an amount equal to the earnings for a twenty four (24) month period at the employee's current PTO earning rate;
(b) PTO may be used as soon as indicated on the employee's pay stub (but may not be used in advance) and must be approved by the employee's supervisor and/or department head;

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(c) In the event one or more holidays fall during a period when an employee is on PTO, ten (10) hours of such holiday shall not be charged as PTO;
(d) PTO (and compensatory time) must be exhausted before a leave of absence without pay will be granted;
(e) When an employee is using PTO and becomes ill or injured, he or shethey may use sick leave when eligible;
(f) The policy of the City Council regarding PTO sellback is that an employee:
(i) Can sell accumulated PTO not more than once each quarter. (ii) Must obtain approval of the City Manager for the sellback. (iii) May not sell more than one hundred seventy six (176) hours per calendar year.
(iv)Shall be prohibited from selling any PTO if, during the past six (6) months, the employee has received discipline in the form of a suspension without pay, a reduction in salary, or a demotion; (iv)(v) There shall be no sale of vacation time from July 1, 2024 through December 31, 2024. The sale of vacation time from January 1, 2025 through June 30, 2026, shall be limited to to eighty (80) hours,
(g) Upon termination of employment, an employee will be paid for the balance of his/hertheir PTO at the rate of one hundred percent (100%) of current salary.

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(h) Existing vacation leave balance of a City employee promoted to an administrative position will be transferred to PTO; accrual of additional PTO will begin upon the effective date of the promotion at the rate indicated in Subsection 9.D.1.

E. Administrative Leave. Administrative leave must be used by December 31 of each year, cannot be carried forward to the following year, and cannot be converted to cash compensation or PTO. Administrative leave may be taken off, with Department Head or City Manager approval as appropriate, subject to the City and department needs and scheduling. Administrative leave is provided to employees as follows:

1. Employees designated by the City Manager will receive up to six (6) days of administrative leave per year for:
(a) Required attendance at most regularly scheduled City Council meetings as recommended by the Department Head to the City Manager.
(b) Required attendance at most regularly scheduled Planning Commission meetings as recommended by the Department Head to the City Manager.

2. Employees designated by the City Manager will receive six (6) days of administrative leave per year for required standby (on the scene within thirty (30) minutes) on a regularly scheduled basis directing the employee to maintain telephone or radio contact with the City.

F. Sick Leave.

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1. Sick leave shall be earned at the rate of eight (8) hours per month and will have no accumulation limitation.

2. Newly-hired Management/Confidential personnel shall be given a credit of two hundred forty (240) hours of sick leave to their Sick Leave account for the first two and one-half (2½) years of service. Accrual of additional sick leave will commence at the beginning of the 31st month of service.

3. Existing sick leave balance of a City employee promoted to a Management/Confidential personnel position will be transferred; accrual of additional sick leave time will begin upon the effective date of the promotion at the rate indicated in Subsection 9.F.1.

4. Sick leave shall be used for illness or injury which causes the employee to be absent from his/hertheir duties.

5. Sick leave may be used for absences from duty when the employee's presence is needed to attend to the illness of a member of his/hertheir family.

The use of sick leave under this subsection shall be limited to one half (1/2) of annual potential accrual, which is 48 hours for full-time employees.

6. Reasonable proof of illness may be requested.

7. Personal Time Off shall be applied when all sick leave has been exhausted.

8. The following payoff provision for accumulated Sick Leave upon retirement or disability, death or resignation, shall apply:
(a) Twenty-five percent (25%) of all accumulated sick leave after five (5) years of service with the City; payoff shall be prorated upon last five (5) years of service.

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(b) Fifty percent (50%) of all accumulated sick leave after ten (10) years of service with the City; payoff shall be prorated upon last five (5) years of service.
(c) Seventy-five (75%) of all accumulated sick leave after twenty (20) years of service with the City; payoff shall be prorated upon last five (5) years of service.

G. Holiday Policy
The City currently observes the following holidays:

Designated Date Designated Holiday
January 1 New Year’s Day
Third Monday in January Martin Luther King Jr. Day
Third Monday in February Washington’s Birthday
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
November 11 Veteran’s Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day After Thanksgiving Day
December 24 (1/2 holiday) Christmas Eve
December 25 Christmas Day
December 31 (1/2 holiday) New Year’s Eve
Two Three Floating Holidays (One is in At Employee’s Discretion with

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lieu of Columbus Day) Supervisor’s Approval
In addition to the foregoing holidays, all full time employees shall be entitled to accrue ten (10) hours in lieu of Columbus Day. This time shall be placed in the employees floating holiday time bank.

1. Hour Value. The hour value for each holiday shall be equivalent to the employee's scheduled work period.

2. Procedure if Holiday Falls on Saturday or Sunday. For those employees whose normal work week is Monday through Friday, when a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on a Sunday, the following Monday shall be observed as a holiday.

3. Procedure if Holiday Falls on Regular Day Off. If a holiday occurs on a day which is the employee's regular day off, he/shethey shall be entitled to ten (10) hours of holiday pay or five (5) hours of pay for a half (1/2) day holiday.

H. Bereavement Leave.

1. Use of Bereavement Leave. Paid Bereavement Leave may be granted to an employee upon the request of the employee, upon the death of any of the following relatives of the requesting employee: spouse; domestic partner, child, including biological, step, adopted and foster children; parent, including biological, step, adoptive and foster parents; parent-in-law; grandparent; sibling; grandchild, including biological, step, adopted and foster grandchildren.

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2. Amount of Bereavement Leave: Employees may receive up to fivethree (53) days of paid Bereavement Leave based upon the employee's usual work schedule.

I. Health Insurance.

1. The City shall make available to all full time employees and their dependents, pro-rated for part time employees, medical plans through commercial carriers.

The City shall also provide fully-paid dental and vision plans.

2. The City shall contribute the monthly amounts as follows:

KAISER LOW Plan Year 2024/2025 Plan Year 2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,595.00 $1,645.00
KAISER HIGH Plan Year 2024/2025 Plan Year 2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,670.00 $1,720.00

1. 2.3. The City will contribute the sum of $1,100.00 per month, per employee in paid status toward the cost of health insurance. The City will contribute one hundred percent (100%) of the cost per month, per employee in a paid status for the cost of dental and vision plans for such employee and his/hertheir dependents.

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J. Retirement. The City will provide retirement plans with the California Public Employees Retirement System ('CalPERS') as follows:

1. For employees hired prior to July 1, 2011, such plan shall be 2.7% at 55 with 1959 Survivor Benefits, Level 4, Post-Retirement Survivor Allowance, One- Year Highest Compensation, and Military Service Credit.

2. For employees hired from July 1, 2011 through December 31, 2012, or those hired thereafter who are CalPERS 'Classic' members, such plan shall be

2.5% at 55 with 1959 Survivor Benefits, Level 4, Post-Retirement Survivor Allowance, One-Year Highest Compensation, and Military Service Credit.

3. For employees hired on or after January 1, 2013, who are not CalPERS 'Classic' members and are not eligible for reciprocity, such plan shall be 2% at sixty-two (62) and final compensation based on 'highest consecutive three year average'.

4. Management/Confidential Personnel employees in retirement Tiers I and II shall pay the full employee share of contribution (EPMC), but not to exceed eight percent (8%), to their respective retirement plans.

Management/Confidential Personnel employees in retirement Tier Ill shall pay the full employee share of contribution (EPMC), but not to exceed sharing fifty percent (50%) of normal costs, to their retirement plan.

5. Management/Confidential Personnel employees shall receive retiree health insurance benefits pursuant to Resolution Numbers 4198, 4190, 3349, 3317, and 3209. The Tier Two deferred compensation contribution for management

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employees covered by this Resolution shall be one hundred dollars ($100.00) per month.

K. Disability Insurance. On behalf of each employee, the City shall contribute an amount equal to the premium on a long-term disability plan. The plan shall provide coverage equal to sixty percent (60%) of total salary, with a maximum monthly benefit of thirteen thousand dollars ($ 13,000), after a thirty (30) day waiting period. In no case shall the policy require sick leave to be drawn beyond the initial thirty (30) day period.

L. Life Insurance. For employees hired on or before December 3, 1996, the City will provide a term life insurance policy in the amount of one hundred thousand dollars ($100,000.00) for all employees covered by this Resolution. For employees hired after December 3, 1996, the City will provide a term life insurance policy in the amount of fifty thousand dollars ($50,000.00).

M.  City Vehicles. Authorization for use of City-owned vehicles shall be pursuant to Resolution Number 3348. The auto allowance amount for all managers receiving an auto allowance shall be equal to five hundred dollars ($500) monthly.

N. Jury Duty. An employee on jury duty will receive full pay and benefits. Any compensation for such jury duty (except travel pay) shall be returned to the City.

O. Bilingual Pay. Employees regularly required by their supervisor to provide foreign language translation services in the course and scope of their employment shall receive one hundred dollars ($100.00) per month. In order to qualify for bilingual pay, the employee must pass a test established by the City.

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P. Leave of Absence Without Pay.

1. After all Personal Time Off (PTO) and compensatory time has been used, the City Manager, upon recommendation of the Department/Division Head, may grant a leave of absence without pay for any employee up to a maximum of sixty (60) calendar days. Extensions of time beyond the initial sixty (60) calendar days up to one (1) year may also be granted by the City Manager.

One (1) extension, for a total of two (2) years from the beginning of the initial sixty (60) days, may be granted. A leave without pay may be granted for any of the following reasons:
(a) To take a course of study which will increase the employee's usefulness on return to his or hertheir position in the City's service; and (b) For personal reasons acceptable to the Department Head and City Manager.

2. During an approved leave of absence without pay all employee benefits shall cease to be paid by the City. An employee may continue his/hertheir health and life insurance benefits at the employee's expense.

Q. Non-Occupational Disability Leave.

1. Upon submission of an appropriate certificate from a licensed medical provider, an employee may be granted non-occupational disability leave. The employee utilizing non-occupational disability leave shall utilize all sick leave accredited to him/herthem and upon the expiration of sick leave shall utilize any accrued annual vacation leave and compensatory time. When all sick leave, annual vacation leave and compensatory time are exhausted, the

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remainder of the absence required will be on the basis of leave without pay.

The leave without pay will constitute a break in continuous service with the City.

2. Non-occupational disability leave shall not extend beyond a maximum period of six (6) months. If additional leave is desired, the employee may request additional leave in accordance with Leave of Absence Without Pay, Subsection 9.P. An employee shall not be entitled to more than one (1) such leave pursuant to this Subsection 9.P. per twelve (12) month period.

R. Professional Organizations. Management/Confidential personnel are encouraged to participate in professional organizations that directly relate to their career objectives and the performance of their responsibilities. City-sponsored membership in professional organizations and activities shall be subject to the constraints of the adopted budget for that department/division.

S. Educational Reimbursement. Full-time, regular Management/Confidential personnel employees shall qualify for participation in the tuition-reimbursement program. Employee musts be enrolled in an institution of higher education fully accredited by Western Association of Schools and Colleges (WASC). Any employee who is currently enrolled in a non-WASC accredited institution shall be deemed a legacy beneficiary of this sectin so log as they were enrolled in such college of university prior to July 321, 2024. The program covers courses taken at accredited colleges, accredited universities, correspondence courses and other institutions. Reimbursement will be subject to the following:

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CITY OF HEMET RESOLUTION NO. 20243-XXX 26
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1. The course elected must be of benefit to the City and directly related to the employee's current duties or future employment with the City. Courses taken to satisfy a degree requirement may be approved, provided that the degree goal is in the field of current employment of the employee or future employment with the City.

2. Each employee must attend on his/hertheir own time and complete the course satisfactorily with a passing grade of "C" or its numerical equivalent, or a "pass" or "credit" for the class.

3. Employees planning on taking classes or entering a specific program that is reimbursable will obtain approval for the reimbursement prior to enrollment.

4. Such reimbursement shall include tuition, books, text materials used to complete course requirements and parking fees, but shall not include travel time, mileage, or other miscellaneous costs.

5. Upon completion of the course, the employee shall attach the grade report along with receipts for eligible reimbursements to his/hertheir approved application for educational assistance and present it to his/hertheir Department Head. The Department Head will forward the records of completion to the Human Resources Division.

6. Reimbursement is limited to two thousand five hundred dollars ($2,500000.00) per calendar year.

7. Should the employee leave City service within one year after completion of a course paid for by the City, the costs of such course will be deducted from the employee's last paycheck. If the employee's last paycheck is insufficient to

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CITY OF HEMET RESOLUTION NO. 20243-XXX 27
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repay the costs of such course(s), the employee will be required to make appropriate arrangements, including a promissory note, to repay the balance within one (1) year of leaving City service. The City Manager may alter the above requirement in unusual circumstances.

8. Employees covered under this resolution may request prepayment or reimbursement of costs required for the course. Failure to present proper proof of completion will cause the amount of prepayment to be deducted from successive paychecks, not to exceed $50 per pay period, except in the case of an employee who terminates, in which case the total amount shall be deducted from monies due and owed by the employee.

8. T. Work Schedule. All employees shall work a "4/10" alternative work schedule comprising of eight (8), ten (10) hour days in the pay period. City may adjust employee work days to provide coverage for all days of the week based on business need, while maintaining a 4/10 work schedule.

U. Optional Work Schedule. Alternate work schedules will only occur with the Department Director recommendation, with appropriate coverage to provide adequate service to the public, and final approval by the City Manager.

V. Layoff & Grievance Procedures. Will be followed in accordance with the Personnel Rules adopted by the City Council on April 12, 2011.

1. Separation Pay. A regular status employee who is subject to layoff shall receive separation pay in the amount of two (2) weeks salary at the employee's then current salary.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: Administration
Submitted by: Mark Prestwich, City Manager
Veronica Allen, Management Analyst;

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

TITLE:

Quarterly Grant Report for the Quarter Ending June 30, 2024

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive and file the Quarterly Grant Report for the period ending June 30, 2024.

BACKGROUND:

This report covers grant activity for the fourth quarter of Fiscal Year 2023-24, the period ending June 30, 2024.

DISCUSSION:

GRANTS IN DEVELOPMENT:

There is one grant in development listed in the table below.

GRANTS SUBMITTED:

The City has submitted three grant applications listed in the table below.

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ACTIVE PENDING GRANTS:

There are four grants pending award notification listed in the table below.

GRANTS AWARDED:

There are eight grants awarded listed in the table below.

The City receives an entitlement allocation from the U.S. Department of Housing and Urban Development (HUD) each year on a formula basis for the Community Development Block Grant (CDBG). The FY 24-25 CDBG allocation is $885,299. Also, the Fire Department received an American Rescue Plan Act (ARPA) allocation in the amount of $467,751 from the Riverside County Housing and Workforce Solutions, Workforce Development Division for the Community Risk Reduction Fire Cadet Program.

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GRANTS AWARDED FISCAL YEAR TO DATE
In FY 2023-24, the City has received 21 grants totaling $10,863,080.71.

PREVIOUS COUNCIL ACTION:

On April 9, 2024, this item was presented to the Hemet City Council to provide an overview of the 3rd quarter grant activity for FY 2023-24, period ending March 31, 2024.

On January 9, 2024, this item was presented to the Hemet City Council to provide an overview of the 2nd quarter grant activity for FY 2023-24, period ending December 31, 2023.

On October 10. 2023, this item was presented to the Hemet City Council to provide an overview of the 1st quarter grant activity for FY 2023-24, period ending September 30, 2023.

On July 11, 2023, this item was presented to the Hemet City Council to provide an overview of the FY 2022-23 grant activity.

STRATEGIC PLAN INTEGRATION:

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

The proposed action aligns with the Council's adopted objective:

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

There is no fiscal impact associated with the quarterly grants report.

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City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Approving the City’s Classification and Compensation Plan for Employee Salary Ranges

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, approving the City’s Classification and Compensation Plan for employee salary ranges.

BACKGROUND:

State regulations for public employers require disclosure of position classifications and corresponding compensation. In an effort to ensure compliance, and for even greater transparency, the City Council of the City of Hemet has previously adopted and updated the City’s Classification and Compensation Plan for Employee Salary Ranges (Salary Schedule), a document that includes a list of employment positions for the City and their corresponding compensation ranges.

The Salary Schedule allows members of the public to see what any given position would be paid. It is important to note that this document is strictly a resource document of available employment positions, as the positions listed may not necessarily be budgeted or funded in any given fiscal year.

Historically, City Council approved each budgeted job classification and its corresponding salary range in its annual budget.

ANALYSIS:

The attached Salary Schedule accounts for the changes that have occurred through negotiations and job classification reclassifications. The Salary Schedule as presented reflects the following changes:

 Updated salaries for the following Bargaining Units/Groups:
o Service Employees International Union (SEIU)
o Hemet Police Managers Association (HPMA)

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o Hemet Mid Managers Associations (HMMA)
o Hemet Non-Sworn Personnel Employees Association (HNSPEA) o Management/Confidential Group (MGMT/CONF)
o Hemet Fire Fighters Association (HFFA)
 Classification Reclassifications as follows:
o IT Operations/Network Systems Supervisor reclassification to Information Technology Manager
o Senior Librarian reclassification to Library Manager
o Environmental Compliance Coordinator to Environmental Services Manager  Position titles have been updated based on the FY 24/25 budget, authorized position titles

The additions and updates to the Salary Schedule are noted within the salary schedule itself. The addition of classification to the salary schedule does not automatically create an authorized vacancy.

Requests to fill vacancies need to follow all applicable personnel rules, MOU terms, and resolutions.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

FISCAL IMPACT:

No fiscal impact.

REVIEWED BY LEGAL:

☒ Staff report ☒ Resolution
☐ Ordinance ☐ Agreement

ATTACHMENT(S):

Attachment 1: Resolution - Amendment to Classification and Compensation Plan - July 9 2024 Attachment 2: Salary by Position 2024-07-08

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City of Hemet 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, APPROVING AN
AMENDMENT TO THE CITY’S CLASSIFICATION AND

COMPENSATION PLAN TO INCLUDE NEW AND
REVISED POSITIONS FOR FISCAL YEAR 2024-2025
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City of Hemet continually evaluates staffing and structure to promote organizational efficiency and deliver enhanced customer service to the community, and, as such, the City may need to make adjustments periodically to support these goals and to progress City services forward; and WHEREAS, The attached Salary Schedule accounts for the changes that have occurred through negotiations and job reclassifications.; and WHEREAS, the proposed revisions for Fiscal Year 2024-2025 will ultimately contribute to four of the five Strategic Goals and are a result of the City’s current state and the support network needed to continue to achieve Council’s Strategic Goals; and
WHEREAS, State regulations for public employers require disclosure of position classifications and corresponding compensation; and WHEREAS, State regulations for public employers require disclosure of position classifications and corresponding compensation; and

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City of Hemet Resolution No. 2024-xxx
WHEREAS, the City Council of the City of Hemet has previously adopted and updated the City’s Classification and Compensation Plan for Employee Salary Ranges (Salary Schedule), a document which includes a list of employment positions for the City and their corresponding ranges; and
WHEREAS, the Salary Schedule allows members of the public to see what any given position would be paid and is a resource document of authorized, budgeted position titles, as the positions listed may not necessarily be filled in any given fiscal year; and
WHEREAS, historically, City Council approved each budgeted job classification and its corresponding salary range in its annual budget; and WHEREAS, the addition of a classification to the salary schedule does not automatically create and authorized vacancy and requests to fill vacancies need to follow all applicable personnel rules, MOU terms, and resolutions; and WHEREAS, Council approves the amendment to the City’s Classification and Compensation Plan to included new and revised positions for Fiscal Year 2024-2025.

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

SECTION 1.Updated salaries for the following bargaining units/groups:
1) Service Employees International Union (SEIU)
2) Hemet Police Managers Association (HPMA)
3) Hemet Mid Managers Associations (HMMA)
4) Hemet Non-Sworn Personnel Employees Association (HNSPEA) 5) Management/Confidential Group (MGMT/CONF)
6) Hemet Fire Fighters Association (HFFA)

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City of Hemet Resolution No. 2024-xxx
SECTION 2. Approval of the addition of the following reclassified positions:
1) Information Technology Manager
2) Library Manager
3) Environmental Services Manager
SECTION 4. The effective date of this amendment will be the date of approval of this Resolution, July 9, 2024.

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City of Hemet Resolution No. 2024-xxx
PASSED, APPROVED AND ADOPTED this 9th day of July, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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City of Hemet 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 9th day of July, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council July 9, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Accountant SEIU 462 $6,205 $6,515 $6,841 $7,183 $7,542 $7,731 $7,924 Accounting Manager MC 943 $9,995 $10,495 $11,019 $11,570 $12,149 $12,756 $13,394 Accounting Technician I SEIU 445 $4,078 $4,282 $4,496 $4,721 $4,957 $5,081 $5,208 Accounting Technician II SEIU 451 $4,729 $4,966 $5,214 $5,474 $5,748 $5,892 $6,039 Accounting Technician III SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Administrative Assistant HMMA 522 $4,766 $5,004 $5,255 $5,517 $5,793 $6,083 Administrative Services Director AW ASD $12,437 $13,059 $13,712 $14,397 $15,117 $15,873 $16,667 Assistant Civil Engineer SEIU 472 $7,943 $8,340 $8,757 $9,195 $9,655 $9,896 $10,143 Assistant Planner SEIU 461 $6,054 $6,356 $6,674 $7,008 $7,358 $7,542 $7,731 Assistant to the City Manager MC 936 $8,408 $8,829 $9,270 $9,734 $10,220 $10,731 $11,268 Associate Planner HMMA 538 $7,075 $7,429 $7,800 $8,190 $8,600 $9,030 Battalion Chief AW BC $10,711 $11,247 $11,809 $12,399 $13,019 Building Inspector I SEIU 456 $5,351 $5,618 $5,899 $6,194 $6,504 $6,666 $6,833 Building Inspector II SEIU 460 $5,906 $6,201 $6,511 $6,837 $7,179 $7,358 $7,542 Building Technician I SEIU 453 $4,968 $5,217 $5,478 $5,752 $6,039 $6,190 $6,345 Building Technician II SEIU 457 $5,484 $5,758 $6,046 $6,349 $6,666 $6,833 $7,004 Chief Building Official/Deputy Fire Marshal AW CBO $10,571 $11,100 $11,655 $12,237 $12,849 $13,492 $14,166 Chief of Police AW PC Annual salary $254,316
City Clerk AW CC $8,395 $8,815 $9,255 $9,718 $10,204 $10,714 $11,250 City Manager AW CM Annual salary $284,508
City Treasurer - Elected E ELE $645.67/mo

07.04.2024KB City of Hemet Salary Schedule Last Approved: 06.25.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council July 9, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Civilian Investigator n/a CINV $26.00 $27.30 $28.67 $30.10 $31.60 $33.18 $34.84 (Hourly rates) Code Compliance Manager HMMA 548 $9,057 $9,510 $9,985 $10,485 $11,009 $11,559 Code Enforcement Officer I SEIU 453 $4,968 $5,217 $5,478 $5,752 $6,039 $6,190 $6,345 Code Enforcement Officer II SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Communications and Events Coordinator MC 932 $7,618 $7,998 $8,398 $8,818 $9,259 $9,722 $10,208 Community Development Director AW CDD $11,815 $12,406 $13,026 $13,677 $14,361 $15,079 $15,833 Community Risk Reduction Cadet n/a CRR $20.00/per hour
Community Services Officer HNSPEA 334 $4,502 $4,727 $4,963 $5,212 $5,472 $5,746 Community Solutions Coordinator MC 932 $7,618 $7,998 $8,398 $8,818 $9,259 $9,722 $10,208 Council Member - Elected E ELE $645.67/mo
Crime Scene Technician HNSPEA 341 $6,149 $6,456 $6,779 $7,118 $7,474 $7,848 Cross Connection Spec/CSR SEIU 461 $6,054 $6,356 $6,674 $7,008 $7,358 $7,542 $7,731 Customer Service and Accounting Supervisor HMMA 532 $6,101 $6,406 $6,726 $7,063 $7,416 $7,787 Customer Service Representative SEIU 450 $4,614 $4,844 $5,087 $5,341 $5,608 $5,748 $5,892 Deputy City Clerk MC 915 $5,006 $5,257 $5,519 $5,795 $6,085 $6,389 $6,709 Deputy Fire Chief AW DFC $14,051 $14,754 $15,491 $16,266 $17,079 Deputy Public Works Director / Assistant City Engineer AW DPW $9,950 $10,448 $10,970 $11,518 $12,094 $12,699 $13,333 Economic Development Analyst MC 925 $6,408 $6,729 $7,065 $7,419 $7,789 $8,179 $8,588 Economic Development Manager MC 942 $9,751 $10,239 $10,751 $11,288 $11,853 $12,445 $13,067 Emergency Services Coordinator HMMA 527 $5,392 $5,662 $5,945 $6,242 $6,554 $6,882 Engineering Technician I SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504

07.04.2024KB City of Hemet Salary Schedule Last Approved: 06.25.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council July 9, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Engineering Technician II SEIU 459 $5,762 $6,050 $6,352 $6,670 $7,004 $7,179 $7,358 Environmental Services Program Manager HMMA 546 $8,621 $9,052 $9,504 $9,979 $10,478 $11,002 Equipment Maintenance Supervisor HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Equipment Mechanic SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Executive Analyst - City Manager's Office MC 928 $6,901 $7,246 $7,609 $7,989 $8,388 $8,808 $9,248 Executive Analyst HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Executive Assistant HMMA 529 $5,665 $5,949 $6,246 $6,558 $6,886 $7,231 Executive Assistant - City Manager's Office MC 920 $5,664 $5,947 $6,245 $6,557 $6,885 $7,229 $7,590 Facilities Maintenance Supervisor HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Facilities Technician SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Facility Services Aide SEIU 445 $4,078 $4,282 $4,496 $4,721 $4,957 $5,081 $5,208 Fire Captain HFFA 203 $8,742 $9,179 $9,638 $10,120 $10,626 $11,157 $11,715 Fire Chief AW FC $15,035 $15,787 $16,576 $17,405 $18,275 $19,189 $20,148 Fire Engineer HFFA 202 $7,510 $7,885 $8,280 $8,694 $9,128 $9,585 $10,064 Fire Prevention Officer HFFA 200 $5,451 $5,724 $6,010 $6,310 $6,626 $6,957 $7,305 Firefighter HFFA 201 $6,508 $6,833 $7,175 $7,534 $7,910 $8,306 Firefighter/Paramedic Trainee HFFA 201T $4,881
GIS Specialist SEIU 464 $6,519 $6,845 $7,187 $7,547 $7,924 $8,122 $8,325 Housing Program Specialist SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Human Resources Analyst MC 932 $7,618 $7,998 $8,398 $8,818 $9,259 $9,722 $10,208 Human Resources Manager MC 943 $9,995 $10,495 $11,019 $11,570 $12,149 $12,756 $13,394

07.04.2024KB City of Hemet Salary Schedule Last Approved: 06.25.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council July 9, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Human Resources Technician MC 916 $5,131 $5,388 $5,658 $5,941 $6,238 $6,550 $6,877 Information Technology Specialist I HMMA 534 $6,410 $6,730 $7,067 $7,420 $7,791 $8,181 Information Technology Specialist II HMMA 536 $6,734 $7,071 $7,425 $7,796 $8,186 $8,595 Information Technology Manager HMMA 554 $10,503 $11,028 $11,580 $12,159 $12,767 $13,405 Intern I n/a PTA $16.00 $16.80 $17.64 $18.52 $19.45 $20.42 (Hourly Rates) Intern II n/a PTG $16.40 $17.22 $18.08 $18.99 $19.93 $20.93 (Hourly Rates) Lead Equipment Mechanic SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Lead Maintenance Worker SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Lead Tree Trimmer SEIU 457 $5,484 $5,758 $6,046 $6,349 $6,666 $6,833 $7,004 Lead Water Distribution Sys. Oper SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Librarian HMMA 527 $5,392 $5,662 $5,945 $6,242 $6,554 $6,882 Library Aide, Temporary On-Call n/a PTA $16.00 $16.80 $17.64 $18.52 $19.45 (Hourly rates) Library Assistant I SEIU 438 $3,431 $3,602 $3,782 $3,971 $4,170 $4,274 $4,381 Library Assistant II SEIU 444 $3,978 $4,177 $4,386 $4,605 $4,836 $4,957 $5,081 Library Associate I SEIU 448 $4,391 $4,611 $4,842 $5,084 $5,338 $5,471 $5,608 Library Associate II SEIU 451 $4,729 $4,966 $5,214 $5,474 $5,748 $5,892 $6,039 Library Manager HMMA 545 $8,410 $8,831 $9,272 $9,736 $10,223 $10,734 Library Page SEIU 428 $2,812 $2,953 $3,100 $3,255 $3,418 $3,503 $3,591 Literacy Coordinator PT SEIU 448 $25.34 $26.60 $27.93 $29.33 $30.79 (Hourly rates) $31.56 $32.35 Maintenance Aide I - TPT n/a CCY $16.00 $16.80 $17.64 $18.52 $19.45 (Hourly rates) Maintenance Worker I SEIU 447 $4,284 $4,499 $4,723 $4,960 $5,208 $5,338 $5,471

07.04.2024KB City of Hemet Salary Schedule Last Approved: 06.25.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council July 9, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Maintenance Worker II SEIU 450 $4,614 $4,844 $5,087 $5,341 $5,608 $5,748 $5,892 Management Analyst MC 927 $6,733 $7,069 $7,423 $7,794 $8,184 $8,593 $9,023 Management Assistant HMMA 528 $5,527 $5,804 $6,094 $6,398 $6,718 $7,054 Media and Intelligence Analyst HMMA 536 $6,734 $7,071 $7,425 $7,796 $8,186 $8,595 Office Specialist - Confidential HMMA 516 $4,110 $4,315 $4,531 $4,758 $4,995 $5,245 Office Specialist I SEIU 439 $3,516 $3,692 $3,877 $4,071 $4,274 $4,381 $4,490 Office Specialist II SEIU 443 $3,881 $4,075 $4,279 $4,493 $4,718 $4,836 $4,957 Office Specialist III SEIU 447 $4,284 $4,499 $4,723 $4,960 $5,208 $5,338 $5,471 Parks Maintenance Supervisor HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Payroll/Human Resources Specialist MC 919 $5,526 $5,802 $6,092 $6,397 $6,717 $7,053 $7,405 Planning Technician SEIU 451 $4,729 $4,966 $5,214 $5,474 $5,748 $5,892 $6,039 Police Cadet HNSPEA CP23 $16.53 $17.36 $18.22 $19.14 $20.09 $21.10 (Hourly rates) Police Captain HPMA 603 $13,908 $14,603 $15,334 $16,100 $16,905 $17,751 Police Corporal HPOA 154 $10,164 $10,673 $11,206
Police Investigator HPOA 152 $7,946 $8,343 $8,760 $9,198 $9,658 $10,141 $10,648 Police Lieutenant HPMA 602 $12,644 $13,276 $13,940 $14,637 $15,368 $16,137 Police Officer HPOA 150 $7,224 $7,585 $7,964 $8,362 $8,780 $9,219 $9,680 Police Officer-Trainee HPOA 149 $5,418
Police Personnel & Training Coordinator MC 920 $5,664 $5,947 $6,245 $6,557 $6,885 $7,229 $7,590 Police Sergeant HPMA 601 $10,536 $11,063 $11,616 $12,197 $12,807 $13,447 Principal Accountant MC 929 $7,074 $7,427 $7,799 $8,189 $8,598 $9,028 $9,479

07.04.2024KB City of Hemet Salary Schedule Last Approved: 06.25.2024

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Salary Schedule by Position
Effective July 8, 2024
Approved by Council July 9, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Principal Engineer HMMA 551 $9,753 $10,241 $10,753 $11,291 $11,855 $12,448 Principal Planner HMMA 551 $9,753 $10,241 $10,753 $11,291 $11,855 $12,448 Procurement Administrator HMMA 541 $7,619 $8,000 $8,400 $8,820 $9,261 $9,724 Program Coordinator - Office of Violence Prevention MC 915 $5,006 $5,257 $5,519 $5,795 $6,085 $6,389 $6,709 Property & Evidence Technician HNSPEA 336 $4,964 $5,212 $5,473 $5,746 $6,034 $6,335 Public Information Social Media Officer HMMA 539 $7,252 $7,615 $7,995 $8,395 $8,815 $9,256 Public Safety Dispatch Supervisor HMMA 536 $6,734 $7,071 $7,425 $7,796 $8,186 $8,595 Public Safety Dispatcher HNSPEA 338 $5,561 $5,839 $6,131 $6,438 $6,759 $7,097 Public Safety Dispatcher - On Call n/a PTB $39.20 (Per hour) Public Safety Office Specialist HNSPEA 330 $4,111 $4,317 $4,532 $4,759 $4,997 $5,247 Public Safety Office Specialist Supervisor HMMA 530 $5,807 $6,097 $6,402 $6,722 $7,058 $7,411 Public Safety Operator HNSPEA 333 $3,819 $4,010 $4,210 $4,421 $4,642 $4,874 Public Safety Support Services Manager HMMA 551 $9,753 $10,241 $10,753 $11,291 $11,855 $12,448 Public Works Director/City Engineer AW PWE $14,583 $14,984 $15,396 $15,819 $16,255 Public Works Inspector I SEIU 459 $5,762 $6,050 $6,352 $6,670 $7,004 $7,179 $7,358 Public Works Inspector II SEIU 463 $6,360 $6,678 $7,012 $7,363 $7,731 $7,924 $8,122 Public Works Operations Manager HMMA 551 $9,753 $10,241 $10,753 $11,291 $11,855 $12,448 Senior Building Inspector SEIU 467 $7,020 $7,371 $7,740 $8,127 $8,533 $8,747 $8,965 Senior Engineering Technician SEIU 463 $6,360 $6,678 $7,012 $7,363 $7,731 $7,924 $8,122 Senior Planner HMMA 544 $8,205 $8,615 $9,046 $9,498 $9,973 $10,472 Senior Public Works Inspector SEIU 471 $7,749 $8,137 $8,543 $8,971 $9,419 $9,655 $9,896

07.04.2024KB City of Hemet Salary Schedule Last Approved: 06.25.2024

17.U

Salary Schedule by Position
Effective July 8, 2024
Approved by Council July 9, 2024
SEIU Longevity
Position Unit Range 1 2 3 4 5 6 7 6 7
Streets Supervisor HMMA 537 $6,903 $7,248 $7,610 $7,991 $8,390 $8,810 Tree Trimmer SEIU 453 $4,968 $5,217 $5,478 $5,752 $6,039 $6,190 $6,345 Water Dist Sys Oper I SEIU 449 $4,501 $4,726 $4,963 $5,211 $5,471 $5,608 $5,748 Water Dist Sys Oper II SEIU 454 $5,093 $5,347 $5,615 $5,895 $6,190 $6,345 $6,504 Water Production Systems Oper. I SEIU 456 $5,351 $5,618 $5,899 $6,194 $6,504 $6,666 $6,833 Water Production Systems Oper. II SEIU 461 $6,054 $6,356 $6,674 $7,008 $7,358 $7,542 $7,731 Water Quality & Conserv. Spec. SEIU 458 $5,621 $5,902 $6,198 $6,507 $6,833 $7,004 $7,179 Water/Waste Water Superintendent HMMA 553 $10,247 $10,759 $11,297 $11,862 $12,455 $13,078 Water/Waste Water Supervisor HMMA 539 $7,252 $7,615 $7,995 $8,395 $8,815 $9,256 Number of Authorized Titles 135
All rates are monthly unless otherwise indicated.

BARGAINING UNIT KEY
At Will AW
Elected Officials E
Hemet Firefighters Association HFFA
Hemet Mid Management Association HMMA
Hemet Non-Sworn Personnel HNSPEA
Hemet Police Officers Association HPOA
Hemet Police Managment Association HPMA
Management/Confidential Personnel MC
Service Employees International Union SEIU
Updates to this salary schedule are for the Confidential Personnel, HFFA, HMMA, HNSPEA, HPMA, and SEIU units. Salaries are adjusted pursuant to the Memorandum of Understanding (MOU). Also included are the reclassifications of the Environmental Compliance Coordinator to the Environmental Services Program Manager, the Senior Librarian to the Library Manager, and the IT Operation/Network Systems Supervisor to the Information Technology Manager.

07.04.2024KB City of Hemet Salary Schedule Last Approved: 06.25.2024

17.U

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the Service Employees International Union Local 721 (SEIU)

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Service Employees International Union Local 721 (SEIU) for the two-year period of July 1, 2024, through June 30, 2026.

BACKGROUND:

One of the City's Strategic Plan values reinforces that City employees are an important resource, and through them, our mission and vision will be accomplished. The City will support employees with dignity, respect and fairness.

The City recently conducted a Total Compensation survey to determine the City's competitiveness within the labor market. The City Council authorized the use of the survey results to adjust salaries to ensure that all City of Hemet employees are close to market mean. The resulting agreed-upon SEIU MOU places compensation of represented SEIU employees at the market mean, thereby reinforcing the Council's desire to attract and retain quality employees through competitive salaries and benefits.

The current MOU covers July 1, 2022, through June 30, 2024. The City and SEIU have been negotiating a successor MOU since March 2024. On June 25, 2024, the City and SEIU reached a tentative agreement, the terms of which have been incorporated into this MOU for approval. On July 3, 2024, SEIU membership ratified the updated MOU.

ANALYSIS:

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ln accordance with the authority granted by the City Council, the attached Memorandum of Understanding is recommended for approval. The details of changes to the MOU are as follows:

Term:

Two-year agreement - Effective July 1, 2024, through June 30, 2026.

Salaries:

Market Equity Adjustment- Effective the first full pay period after July 1, 2024, all classifications covered by SEIU will be adjusted amounts listed in "Appendix A".

Cost of Living Adjustment (COLA) - Effective the first full pay period after July 1, 2025, all classifications covered by SEIU will receive a 3% Cost of Living Adjustment.

Bereavement Leave:

Increase the number of Bereavement Leave from 3 days to 5 days. Adoption of family definition under AB 1949.

Bilingual Pay:

Effective the first full pay period after July 1, 2024, increase the amount of Bilingual Pay from $150 per month to $200 per month.

CalPERS Discount Rate:

If the CalPERS Discount Rate is reduced to 6.5%, the City may initiate re-opener bargaining regarding employee contribution of an additional .5% toward their pension.

Educational Reimbursement Program:

Increase reimbursement from $2,000 per calendar year to $2,500 per calendar year.

Added language which states that in order to be eligible for the Educational Reimbursement, employee must be enrolled in a Western Association of Schools and Colleges (WASC) accredited institution.

17.V

Health Insurance:

Effective for health plan year 2024/2025, increase City's contribution for eligible employees from $1,100.00 per month (based on a composite premium) to the rates based on tiers as listed below:

KAISER LOW Plan Year
2024/2025 Plan year 2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,595.00 $1,645.00

KAISER HIGH Plan Year
2024/2025 Plan year 2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,670.00 $1,720.00
Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High).

Vision- Annual family allowance will increase from $450 to $500.

Safety Shoe/Boot Policy:

Increase annual contribution from a maximum of $175 to a maximum of $300.

Stand-By Rate:

Stand-By compensation will increase from $210 per week to $275 per week.

Tool Reimbursement Policy:

Increase annual amount from $400 to $450.

Vacation Sale Limitation:

Effective July 1, 2024, through December 31, 2024, no unit members may sell unused vacation.

Effective January 1, 2025 through June 30, 2026, unit members may sell unused vacation time in an amount not to exceed eighty (80) hours.

Additionally, the following minor revisions were agreed upon and included in the MOU:
 Language cleanup to remove obsolete language
 Spelling out dollar amounts
 Include gender-neutral language.

All other terms and conditions of employment shall remain unchanged during the term of this agreement.

STRATEGIC PLAN INTEGRATION:

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GOAL ONE: QUALITY OF LIFE:

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

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The annual costs of the MOU are as follows:

Total contract cost is $3,805,000.

ATTACHMENT(S):

Attachment 1: THIS REPORT IS FORTHCOMING - SEIU- Redlined MOU Attachment 2: Resolution- SEIU MOU July 2024-June 2026
Attachment 3: Appendix A- SEIU Salary Increases - July 2024

17.V

SEIU- Redlined MOU-
Forthcoming

17.V

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 CITY

MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING (MOU) WITH THE SERVICE
EMPLOYEES INTERNATIONAL UNION LOCAL 721
(SEIU)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, one of the Cities Values under the Strategic plan states that the City believes that the employees of the City are an important resource, and through them, our mission and vision will be accomplished. The City will support employees with dignity, respect and fairness; and
WHEREAS, the City recently conducted a Total Compensation salary survey to determine the City's competitiveness within the labor market; and WHEREAS, Council authorized use of the survey results to adjust salaries to assure that all City of Hemet employees are close to market mean. The agreed upon SEIU MOU reflects the Council's desire to attract and retain quality employees; and WHEREAS, the current MOU covers July 1, 2022 through June 30, 2024. The City and SEIU have been negotiating a successor MOU since March 2024; and WHEREAS, on June 25, 2024, the City and SEIU reached a tentative agreement, the terms of which have been incorporated into this MOU for approval; and WHEREAS, on July 3, 2024, SEIU membership ratified the updated MOU.; and

17.V

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, ln accordance with the authority granted by the City Council, the attached Memorandum of Understanding is presented for consideration. The details of changes to the MOU are as follows:

Term:
• Two-year agreement - Effective July 1, 2024, through June 30, 2026.

Salaries:
• Market Equity Adjustment- Effective the first full pay period after July 1, 2024, all classifications covered by SEIU will be adjusted amounts listed in "Appendix A".

• Cost of Living Adjustment (COLA) - Effective the first full pay period after July 1, 2025, all classifications covered by SEIU will receive a 3% Cost of Living Adjustment.

Bereavement Leave:
• Increase the number of Bereavement Leave from 3 days to 5 days. Adoption of family definition under AB 1949.

Bilingual Pay:
• Effective the first full pay period after July 1, 2024, increase the amount of Bilingual Pay from $150 per month to $200 per month.

CalPERS Discount Rate:
• If the CalPERS Discount Rate is reduced to 6.5%, the City may initiate re- opener bargaining regarding employee contribution of an additional .5% toward their pension.

Educational Reimbursement Program:
• Increase reimbursement from $2,000 per calendar year to $2,500 per calendar year.

• Added language which states that in order to be eligible for the Educational Reimbursement, employee must be enrolled in a Western Association of Schools and Colleges (WASC) accredited institution.

17.V

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
Health Insurance:

• Effective for health plan year 2024/2025, increase City's contribution for eligible employees from $1,100.00 per month (based on a composite premium) to the rates based on tiers as listed below:

KAISER LOW
Plan Year
2024/2025
Plan year 2025/2026
Employee Only $650* Dollar Amount Equivalent to 100% Employer-Paid Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,595.00 $1,645.00

KAISER HIGH
Plan Year
2024/2025
Plan year 2025/2026
Employee Only $650* Dollar Amount Equivalent to 100% Employer-Paid Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,670.00 $1,720.00
• Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High).

• Vision- Annual family allowance will increase from $450 to $500.

Safety Shoe/Boot Policy:
• Increase annual contribution from a maximum of $175 to a maximum of $300.

17.V

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
Stand-By Rate:
• Stand-By compensation will increase from $210 per week to $275 per week.

Tool Reimbursement Policy:
• Increase annual amount from $400 to $450.

Vacation Sale Limitation:
• Effective July 1, 2024 through December 31, 2024, no unit members may sell unused vacation.
• Effective January 1, 2025 through June 30, 2026, unit members may sell unused vacation time in an amount not to exceed eighty (80) hours; and WHEREAS, all other terms and conditions of employment shall remain unchanged during the term of this agreement.

WHEREAS, Council authorizes the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Service Employees International Union Local 721 (SEIU) for the two-year period of July 1, 2024, through June 30, 2026.

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

SECTION 1.Authorize the City Manager to execute the attached Memorandum of Understanding (MOU) between the Service Employees International Union Local 721 (SEIU) for the two-year period of July 1, 2024, through June 30, 2026 SECTION 2. EFFECTIVE DATE - This Resolution shall become effective on July 08, 2024.

17.V

CITY OF HEMET RESOLUTION NO. 2024-XXX 1

17.V

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 9th day of July, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.V

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 9th day of July, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

17.V

"Appendix A"
City of Hemet
SEIU Market Equity Salary Increases by Classification
Effective July 8, 2024
Classification Salary  Increase
Accountant 28.1%
Accounting Technician I 22.0%
Accounting Technician II 21.9%
Accounting Technician III 21.9%
Assistant Civil Engineer 25.6%
Assistant Planner 21.9%
Building Inspector I 24.9%
Building Inspector II 25.0%
Building Technician I 31.3%
Building Technician II 31.3%
Code Enforcement Officer I 28.1%
Code Enforcement Officer II 28.1%
Cross Connection Spec‐CSR 37.9%
Customer Service Representative 25.0%
Engineering Technician I 24.9%
Engineering Technician II 25.0%
Equipment Mechanic 21.9%
Facilities Technician 16.0%
Facility Services Aide 34.6%
GIS Specialist 31.3%
Housing Program Specialist 10.5%
Lead Equipment Mechanic 21.9%
Lead Maintenance Worker 31.2%
Lead Tree Trimmer 31.3%
Lead Water Distribution Sys. Oper 37.9%
Library Assistant I 16.0%
Library Assistant II 16.0%
Library Associate I 16.0%
Library Associate II 16.0%
Library Page 0.0%
Literacy Coordinator 16.0%
Maintenance Worker I 31.3%
Maintenance Worker II 31.3%
Office Specialist I 25.1%
Office Specialist II 31.2%
Office Specialist III 31.3%
Planning Technician 13.2%
Public Works Inspector I 37.9%
Public Works Inspector II 37.9%
Senior Building Inspector 25.0%
Senior Engineering Technician 24.7%
Senior Public Works Inspector 37.9%
Tree Trimmer 31.3%

07.03.2024Page 13 of 14

17.V

"Appendix A"
City of Hemet
SEIU Market Equity Salary Increases by Classification
Effective July 8, 2024
Water Dist Sys Oper I 37.9%
Water Dist Sys Oper II 38.0%
Water Production Systems Oper. I 37.9%
Water Production Systems Oper. II 37.9%
Water Quality & Conserv. Spec. 24.9%

07.03.2024Page 14 of 14

17.V

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;

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

TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Memorandum of Understanding (MOU) with the Hemet Fire Fighters Association (HFFA)

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Hemet Fire Fighters Association (HFFA) for the two-year period of July 1, 2024, through June 30, 2026.

BACKGROUND:

One of the City's Strategic Plan values reinforces that City employees are an important resource, and through them, our mission and vision will be accomplished. The City will support employees with dignity, respect and fairness.

The City recently conducted a Total Compensation survey to determine the City's competitiveness within the labor market. The City Council authorized the use of the survey results to adjust salaries to ensure that all City of Hemet employees are close to market mean. The agreed upon HFFA MOU reflects the Council's desire to attract and retain quality employees.

The HFFA MOU covers Firefighter/Paramedics, Fire Engineers, Fire Captains and Fire Prevention Officers.

The current Side Letter dated May 2022 covers July 1, 2023, through June 30, 2024. The City and HFFA have been negotiating a successor MOU since March 2024. On July 3, 2024, the City and HFFA reached a tentative agreement, the terms of which have been incorporated into this MOU for approval. On July 5, 2024, HFFA membership ratified the updated MOU.

ANALYSIS:

17.W

ln accordance with the authority granted by the City Council, the attached Memorandum of Understanding is presented for consideration. The details of changes to the MOU are as follows:

Term:

Two-year agreement - Effective July 1, 2024, through June 30, 2026.

Salaries:

Market Equity Adjustment- Effective the first full pay period after July 1, 2024, classifications covered by HFFA will receive salary increases as follows:
 Firefighter/Paramedic-17.9%
 Fire Engineer- 18.9%
 Fire Captain- 14.7%
 Fire Prevention Officer- 0%
Cost of Living Adjustment (COLA) - Effective the first full pay period after July 1, 2025, all classifications covered by HFFA will receive a 3% Cost of Living Adjustment.

CalPERS Discount Rate:

If the CalPERS Discount Rate is reduced to 6.5%, the City may initiate re-opener bargaining regarding employee contribution of an additional .5% toward their pension.

Education Incentive:

Added language which states that employees must have earned their degree from an institution of higher education fully accredited by Western Association of Schools and Colleges (WASC) or the Accrediting Commission of Community and Junior Colleges..

Tuition Reimbursement Program:

Increase reimbursement amount from $2,000 per calendar year to $2,500 per calendar year.

Added language which states that in order to be eligible for the Educational Reimbursement, employee must be enrolled in a Western Association of Schools and Colleges (WASC) or the Accrediting Commission of Community and Junior Colleges..

Health Insurance:

Effective for health plan year 2024/2025, increase City's contribution for eligible employees from $1,100.00 per month (based on a composite premium) to the rates based on tiers as listed below.

KAISER LOW

Plan Year
2024/2025
Plan year
2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,595.00 $1,645.00

KAISER HIGH

Plan Year
2024/2025
Plan year
2025/2026
Employee Only $650* Dollar Amount Equivalent to
100% Employer-Paid
Employee +1 $1,115.00 $1,150.00

17.W

KAISER LOW

Plan Year
2024/2025
Plan year
2025/2026
Employee +2 or more $1,670.00 $1,720.00
Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High).

If other bargaining groups negotiate a higher medical insurance increase, HFFA represented employees will receive the same increase.

Vision- Annual family allowance will increase from $450 to $500.

Long Term Disability:

City will contribute $35 per month per member towards Association purchased Long Term Disability Insurance (LTD).

Life Insurance:

Increase Life Insurance coverage from 50K to 100K.

Reopener:

Agree to eliminate Article XVIII, Section 5 of the MOU.

Sick Leave Distribution:

Provide that employees who retire from the City shall receive sick leave distribution as provided in Article IV Section 4 to employee's choice of their MERP, 457(b) or 401(a) accounts but not in cash.

Vacation Cashout Limitation:

There shall be no cashout of vacation from July 1, 2024 through December 31, 2024.

Vacation cashout from January 1, 2025 through June 30, 2026 shall be limited to eighty (80) hours.

Additionally, the following minor revisions were agreed upon and included the following:

Language cleanup to remove obsolete language
Include gender neutral language
Spell out numbers

All other terms and conditions of employment shall remain unchanged during the term of this agreement.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

Objective 1: Enhance the visual appearance of the community to make it attractive and reduce blight.

Objective 2: Explore and implement homelessness solutions for the City of Hemet.

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

17.W

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The annual costs of the MOU are as follows:

The total contract cost is $3,614,000.

ATTACHMENT(S):

DOCUMENT FORTHCOMING- HFFA Redlined MOU
Resolution- HFFA MOU July 2024-June 2026

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DOCUMENT FORTHCOMING- HFFA Redlined MOU

17.W

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 CITY

MANAGER TO EXECUTE A MEMORANDUM OF

UNDERSTANDING (MOU) WITH THE HEMET FIRE

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

WHEREAS, one of the Cities Values under the Strategic plan states that the City believes that the employees of the City are an important resource, and through them, our mission and vision will be accomplished. The City will support employees with dignity, respect and fairness; and
WHEREAS, the City recently conducted a Total Compensation salary survey to determine the City's competitiveness within the labor market; and WHEREAS, Council authorized use of the survey results to adjust salaries to assure that all City of Hemet employees are close to market mean. The agreed upon HFFA MOU reflects the Council's desire to attract and retain quality employees; and WHEREAS, the current Side Letter dated May 2022, covers July 1, 2023 through June 30, 2024. The City and HFFA have been negotiating a successor MOU since March 2024; and
WHEREAS, on July 3, 2024, the City and HFFA reached a tentative agreement, the terms of which have been incorporated into this MOU for approval; and

17.W

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
WHEREAS, on July 5, 2024, HFFA membership ratified the updated MOU.; and WHEREAS, ln accordance with the authority granted by the City Council, the attached Memorandum of Understanding is presented for consideration. The details of changes to the MOU are as follows:

Term:

Two-year agreement - Effective July 1, 2024, through June 30, 2026.

Salaries:

Market Equity Adjustment- Effective the first full pay period after July 1, 2024, classifications covered by HFFA will receive salary increases as follows:
•Firefighter/Paramedic-17.9%
•Fire Engineer- 18.9%
•Fire Captain- 14.7%
•Fire Prevention Officer- 0%
Cost of Living Adjustment (COLA) - Effective the first full pay period after July 1, 2025, all classifications covered by HFFA will receive a 3% Cost of Living Adjustment.

CalPERS Discount Rate:

If the CalPERS Discount Rate is reduced to 6.5%, the City may initiate re-opener bargaining regarding employee contribution of an additional .5% toward their pension.

Education Incentive:

Added language which states that employees must have earned their degree from an institution of higher education fully accredited by Western Association of Schools and Colleges (WASC) or the Accrediting Commission of Community and Junior Colleges.

Tuition Reimbursement Program:

Increase reimbursement amount from $2,000 per calendar year to $2,500 per calendar year.

Added language which states that in order to be eligible for the Educational Reimbursement, employee must be enrolled in a Western Association of Schools and Colleges (WASC) or the Accrediting Commission of Community and Junior Colleges.

Health Insurance:

Effective for health plan year 2024/2025, increase City's contribution for eligible employees from $1,100.00 per month (based on a composite premium) to the rates based on tiers as listed below.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1

KAISER LOW

Plan Year
2024/2025
Plan year
2025/2026
Employee Only $650*
Dollar Amount Equivalent to 100%
Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,595.00
$1,645.00

KAISER HIGH

Plan Year
2024/2025
Plan year
2025/2026
Employee Only $650*
Dollar Amount Equivalent to 100%
Employer-Paid
Employee +1 $1,115.00 $1,150.00
Employee +2 or more $1,670.00 $1,720.00
Same amounts as above shall be used for Aetna Basic (Kaiser Low) and Aetna Enhanced (Kaiser High).

If other bargaining groups negotiate a higher medical insurance increase, HFFA represented employees will receive the same increase.

Vision- Annual family allowance will increase from $450 to $500.

Long Term Disability:

City will contribute $35 per month per member towards Association purchased Long Term Disability Insurance (LTD).

Life Insurance:

Increase Life Insurance coverage from 50K to 100K.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1

Reopener:

Agree to eliminate Article XVIII, Section 5 of the MOU.

Sick Leave Distribution:

Provide that employees who retire from the City shall receive sick leave distribution as provided in Article IV Section 4 to employee's choice of their MERP, 457(b) or 401(a) accounts but not in cash.

Vacation Cashout Limitation:

There shall be no cashout of vacation from July 1, 2024 through December 31, 2024.

Vacation cashout from January 1, 2025 through June 30, 2026 shall be limited to eighty (80) hours.

• Effective January 1, 2025 through June 30, 2026, unit members may sell unused vacation time in an amount not to exceed eighty (80) hours; and WHEREAS, all other terms and conditions of employment shall remain unchanged during the term of this agreement.

WHEREAS, Council authorizes the City Manager to execute the attached Memorandum of Understanding (MOU) between the City and the Hemet Fire Fighters Association (HFFA) for the two-year period of July 1, 2024, through June 30, 2026.

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

SECTION 1.Authorize the City Manager to execute the attached Memorandum of Understanding (MOU) between the Hemet Fire Fighters Association (HFFA) for the two-year period of July 1, 2024, through June 30, 2026
SECTION 2. EFFECTIVE DATE - This Resolution shall become effective on July 08, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 9th day of July, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.W

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 9th day of July, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

17.W

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;

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

TITLE:

An Ordinance of the City Council of the City of Hemet, California, Amending the Hemet Municipal Code to Revise Regulations for Storefront Commercial Cannabis Businesses

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Second Reading and Adoption of Ordinance 2036 of the City Council of the City of Hemet, California, Amending the Hemet Municipal Code to Revise Regulations for Storefront Commercial Cannabis Businesses.

BACKGROUND:

The City Council, at their May 28, 2024, Regular Meeting, approved amendments to the Hemet Municipal Code that authorize storefront cannabis businesses. Following the second reading and adoption at June 11, 2024, Regular Meeting, the Mayor requested an amendment be prepared to revise the new regulations.

ANALYSIS:

The revision to the regulations regarding Storefront Commercial Cannabis Businesses affects subsection (b) of Section 18-525, which is proposed to be amended as follows:

(b) Storefront retail businesses must be located in the C-2 (Commercial General) zone of the city and must meet all of the requirements for development in these zones. The retail business must also (1) be no closer than 1,000 600 feet from any other cannabis retail business and (2) be no closer than 500 feet to any of the uses described in subsection (a)(3) above. For the purposes of this subsection (b) distances shall be measured along the shortest path of travel between the entrance to the retail business and the structure containing the use described in subsections (b)(1) and (b)(2) above.

PREVIOUS COUNCIL ACTION:

17.X

In May 2024, the City Council approved ordinance changes to authorize storefront retail. City staff will be bringing forward application regulations at a forthcoming meeting.

On June 25, 2024, the City Council introduced the ordinance with amendments to authorize storefront retail. The City Council action includes:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to waive the full reading and introduce the Ordinance 2036 of the City Council of the City of Hemet, California, Amending the Hemet Municipal Code to Revise Regulations for 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.

STRATEGIC PLAN INTEGRATION:

N/A

FISCAL IMPACT:

None

ATTACHMENT(S):

Attachment 1: Cannabis Ordinance rev

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ORDINANCE NO. 2036 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2024-2036

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HEMET, CALIFORNIA, AMENDING THE HEMET

MUNICIPAL CODE TO REVISE REGULATIONS FOR

STOREFRONT COMMERCIAL CANNABIS BUSINESSES

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

SECTION 1: MUNICIPAL CODE AMENDMENT.
(B) Section 18-525(b) of the Hemet Municipal Code shall be amended to read as follows:
(b) Retail businesses must be located in the C-2 (Commercial General) zone of the city and must meet all of the requirements for development in these zones. The retail business must also (1) be no closer than 600 feet from any other cannabis retail business and (2) be no closer than 500 feet to any of the uses described in subsection (a)(3) above. For the purposes of this subsection (b) distances shall be measured along the shortest path of travel between the entrance to the retail business and the structure containing the use described in subsections (b)(1) and (b)(2) above.

SECTION 2: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or

17.X

ORDINANCE NO. 2036 2
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unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 3: CEQA. The City Council hereby determines that it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment, and therefore, this Ordinance is exempt from the provisions of CEQA.

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

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

INTRODUCED at the regular meeting of Hemet City Council on the 25 th day of June, 2024.

APPROVED AND ADOPTED this 9th day of July, 2024.
____________________________
Joe Males, Mayor
ATTEST:

17.X

ORDINANCE NO. 2036 3
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3 4
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7 8
9 10
11 12
13 14
15 16
17 18
19 20
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27 28
_____________________________
John Paul Maier, City Clerk
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 ___th day of ______, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

17.X

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;

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

TITLE:

An Ordinance of the City Council of the City of Hemet Amending Section 53-1 of the Hemet Municipal Code to Reinstate the Prohibition on Camping and Storage of Personal Property on Public Property Following the United States Supreme Court's Decision in Johnson v. City of Grants Pass

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

(1) Waive full reading and introduce by title only an Ordinance of the City Council of the City of Hemet Amending Section 53-1 of the Hemet Municipal Code to Reinstate the Prohibition on Camping and Storage of Personal Property on Public Property Following the United States Supreme Court's Decision in Johnson v. City of Grants Pass; and

(2) Direct the City Clerk to place the Ordinance on the Consent Calendar for the next regular meeting of the City Council for second reading and adoption.

BACKGROUND:

Johnson v. City of Grants Pass is a recently decided landmark case by the U.S. Supreme Court, which addressed the legality of municipal ordinances prohibiting camping in public spaces. The case arose from the enforcement of anti-camping laws in Grants Pass, Oregon, which led to fines and penalties for homeless individuals camping on public property.

The plaintiffs argued that the city’s ordinances criminalized the status of being homeless, thus violating the Eighth Amendment's prohibition on cruel and unusual punishment. The Ninth Circuit Court had previously ruled in favor of the plaintiffs, holding that the ordinances were unconstitutional when applied to homeless individuals with no other place to go. This was consistent with the Ninth Circuit's decision in Martin v. Boise.

In a 6-3 decision, the Supreme Court reversed the Ninth Circuit's ruling, allowing the City of Grants Pass to enforce its anti-camping ordinances. The majority opinion, authored by Justice Neil Gorsuch,

18.A

held that the ordinances did not violate the Eighth Amendment when they were applied in a manner targeting the conduct of camping in public spaces, rather than the status of being homeless.

Key Points from the Decision:

Conduct vs. Status: The Court distinguished between penalizing conduct (camping in public spaces) and penalizing status (being homeless). It emphasized that the ordinances were constitutional as long as they addressed the act of camping and not the individual's status as homeless.

Public Health and Safety: The Court acknowledged the city's interest in maintaining public health, safety, and welfare, which includes regulating the use of public spaces to prevent hazards and ensure accessibility for all community members.

Supportive Measures: The decision noted the importance of cities providing supportive services and resources to homeless individuals. The Court suggested that punitive measures alone are insufficient without adequate support systems.

ANALYSIS:

The proposed ordinance aligns with the Supreme Court’s decision by targeting the act of camping and storing personal property rather than the status of individuals. It ensures that enforcement is based on conduct, thereby avoiding unconstitutional penalties based on status. Provisions within the ordinance mandate that enforcement officers attempt to provide notice and opportunities for individuals to remove their belongings before any penalties are applied, ensuring a compassionate and fair approach.

Camping in public spaces often leads to health hazards, unsanitary conditions, and increased risks of fire and crime. The ordinance is necessary to mitigate these risks and maintain the safety and cleanliness of public spaces.

Through service providers such as City Net, the City of Hemet has demonstrated its commitment to holistic approach where enforcement is only one aspect. The resources provided by the City through its contract with City Net provides access to shelters, housing programs, and other essential services.

STRATEGIC PLAN INTEGRATION:

N/A

ATTACHMENT(S):

Attachment 1: Camping

18.A

ORDINANCE NO. 2024-XXX 1

CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2024-[XXX]

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

HEMET AMENDING PORTIONS OF ARTICLE I OF
CHAPTER 53 (PERSONAL CONDUCT) REGARDING

CAMPING ON PUBLIC PROPERTY FOLLOWING THE
UNITED STATES SUPREME COURT’S DECISION IN
JOHNSON V. CITY OF GRANTS PASS
WHEREAS, the City of Hemet recognizes the need to maintain public order, safety, and the quality of life for all its residents and visitors; and WHEREAS, the City has an obligation to ensure that public spaces such as parks, sidewalks, and other public properties remain accessible and safe for all members of the community; and
WHEREAS, camping in public spaces leads to health and safety hazards, including unsanitary conditions, fire risks, and increased crime; and WHEREAS, the Supreme Court decision in Johnson v. City of Grants Pass affirmed that generally applicable bans on camping in public places do not violate the Eighth Amendment when applied in a manner that does not specifically target individuals based on their status of being homeless, but rather on the conduct of camping in public places; and

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ORDINANCE NO. 2024-XXX 1
WHEREAS, the City of Hemet seeks to provide compassionate solutions to homelessness by supporting shelters, housing programs, and services designed to assist individuals in finding stable and permanent housing; and WHEREAS, the City has determined that the enforcement of a ban on camping in public places, coupled with supportive services, is essential to maintaining public health, safety, and welfare; and
WHEREAS, the City expends significant public resources to provide shelter and services to those experiencing homelessness and commits to ongoing efforts to increase the availability of such resources; and
WHEREAS, the City Council finds that this ordinance is necessary to promote the health, safety, and welfare of the community, and to preserve the public order and quality of life in the City of Hemet.

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

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

SECTION 2: Section 53-1 of the Hemet Municipal Code is hereby amended to read as follows:
///
///

18.A

ORDINANCE NO. 2024-XXX 1
(a) Purpose.

This Section is intended to protect the public health, welfare, and safety by reserving open spaces and facilities within the City limits for their intended purposes. Public property within the City should be readily accessible and available to residents and the general public at large. Use of public property for camping or storage of personal property interferes with the rights of others to make use of such shared public spaces for their intended purposes and causes blight, pollution, and damage to public property. This Section is intended to avoid unsafe and potentially disorderly conditions, unsanitary and unhealthful conditions, and the degradation or destruction of open spaces and facilities within the City, and preserve such open spaces and natural resources.
(b) Definitions.

The following words and phrases, when used in this Section, shall have the below meanings unless it is readily apparent from the context that another meaning is intended.
(1) "Camp" or "Camping" means the conduct of more than one of the following activities on public property, when it reasonably appears, in light of all circumstances, that a person is using such public or private property for living accommodation purposes:

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ORDINANCE NO. 2024-XXX 1
(A) sleeping or preparing to sleep (including the laying down of bedding for the purpose of sleeping), including undertaking such activities in a vehicle (including any motorhome, camp trailer, camper, coach, fifth wheel travel trailer, house car, recreational vehicle, mobile home), or obscuring some or all of the vehicle’s windows;
(B) erecting or using any tent, camp facilities, or building any other form of shelter;
(C) unattended storage of personal belongings (including but not limited to clothing, sleeping bags, bedrolls, blankets, sheets, luggage, backpacks, kitchen utensils, cookware) or camp paraphernalia; (D) making or using any fire, for purpose of heating or cooking, or using any flame, grill, portable stove, or similar flame producing device for cooking of meals on public property, except for in City parks with designated barbeque and cooking areas while using City-provided cooking facilities designed for such purposes; or
(E) doing any digging or earth breaking activities for purpose of creating or improving a shelter.

Camping shall be deemed to occur regardless of whether a full night is actually spent occupying any specific location on public property.

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ORDINANCE NO. 2024-XXX 1
(2) "Camp facilities" include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that is of sufficient size for a person to fit underneath or inside while sitting or lying down and includes the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area. (3) "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-City designated cooking or heating equipment. (4) “Public property" means any publicly owned property in the City, whether improved or unimproved, including, but not limited to, any of the following: public alleyways; public parking lots; public passageways; public streets; public rights-of- way; park playgrounds; state highways; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned fences, trees, light poles, or equipment boxes; publicly owned, maintained, or operated open spaces including, but not limited to, public facilities or buildings of any kind; public sidewalks, curbs, and gutters; public educational institutions; or other government owned, maintained, or operated properties located within the City.
(c) Camping Prohibited.

It shall be unlawful for any person to camp on any public property within the City, except as otherwise provided herein.
(d) Storage of Personal Property Prohibited.

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ORDINANCE NO. 2024-XXX 1
(1) It shall be unlawful for any person to store any personal property, including camp facilities and camp paraphernalia, on any public property within the City, except as otherwise provided herein.
(2) Before removing any personal property, the enforcement officer, or their designee, shall attempt to provide any readily apparent owners with notice of the intent to remove the personal property and a reasonable opportunity to remove the personal property from public property. If there is no readily apparent owner, or if the readily apparent owner refuses to remove the personal property from public property, then the enforcement officer, or their designee, may cause the personal property to be removed from public property. The enforcement officer, or their designee, shall post a notice on or near the personal property so as to reasonably communicate the notice to the owner the following information:
(A) The location of where the personal property was located; (B) The date and time notice was served or posted;
(C) A statement that the storage of personal property violates this Section;
(D) An advisement that the City has impounded the personal property for at least 30 days, the location where the personal property is impounded, and that the personal property will be discarded after 30 days if not claimed.

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ORDINANCE NO. 2024-XXX 1
(E) The address, phone number, and operating hours of the location where the personal property will be stored and may be retrieved, and that the City will charge no fee for storage or retrieval. (F) Information about any housing or shelter and homeless services available for the owners of the personal property, the phone number and address to contact in order to obtain the housing or shelter or other health and human services;
(3) The enforcement officer, or their designee, may immediately discard, without impounding or retaining for 30 days, any items which constitute an immediate threat to the health or safety of the public or items that constitute evidence of a crime or contraband that may be seized, as permitted by law.
(e) Exceptions.

The provisions of this Section shall not apply in the event of a declared state of emergency, nor to any persons participating in an event subject to a permit issued in conformity with this Code, nor to camping in public accommodations that are properly zoned, legally established and designated for camping purposes. (f) Enforcement.
(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Section shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject

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ORDINANCE NO. 2024-XXX 1
to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment. (2) The city attorney, in his or her sound discretion, may prosecute a violation of this Section as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Section shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year.

A fourth violation of this Section within one year shall be charged as a misdemeanor and may not be reduced to an infraction.
(3) This Section may be enforced by injunction issued by the superior court upon a suit brought by the City Attorney.

SECTION 3: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

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ORDINANCE NO. 2024-XXX 1
SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

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

INTRODUCED at the regular meeting of Hemet City Council on the 9 th day of July, 2024.

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

18.A

ORDINANCE 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 Ordinance was adopted by the Hemet City Council on the _____ day of ____________________, 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

18.A

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;

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

TITLE:

A Resolution of The City Council of The City of Hemet, California, Establishing Review Criteria for Storefront Cannabis Businesses

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution Establishing Review Criteria for Storefront Cannabis Businesses and adopt an increase in the Cannabis Permit Application Fees based on the consumer price index.

BACKGROUND:

On May 11, 2021, the City Council approved an ordinance establishing a Commercial Cannabis Regulatory Program in the City of Hemet. The provisions of that ordinance allowed retail cannabis operations only as an ancillary part of a microbusiness. The City Council, concurrent with the adoption of the regulatory ordinance, also adopted an application process and review criteria for the newly authorized business types. This application process explicitly excludes Storefront Commercial Cannabis Businesses (retail only).

On May 28, 2024, the City Council approved Ordinance No. 2033, amending the Hemet Municipal Code to authorize Storefront Commercial Cannabis Businesses in the C-2 (General Commercial) zoning district.

Now that the regulatory ordinance for Storefront Commercial Cannabis Businesses is complete, the City Council must adopt an application and review criteria resolution for this newly authorized type of business. City Staff is recommending the adoption of a resolution that closely mirrors the non- Storefront process with a few key modifications based on the regulations applicable to Storefront operations.

1) The application and its components will be substantially the same as non-Storefront applications, including requirements for the following:

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 Business Plan
 Labor and Local Enterprise Plan
 Neighborhood Compatibility Plan
 Safety Plan
 Security Plan
 Community Benefit and Investment
 Location

2) The application approval procedure will be different in the following substantive ways:

 While there are no limits on the number of other cannabis business types, there are only five (5) permits available for Storefront. To ensure fairness, efficiency, and transparency, there will be an objective screening process and all qualified applicants will proceed to a lottery system.  There is an increased weight for locally owned and operated businesses that aren't present in the other permit types.
 There is increased weight and consideration for neighborhood compatibility considering these uses will be in closer proximity to sensitive uses.
 The fee for Storefront has been increased from the previous application fee to account for increased staff costs and inflation.

STRATEGIC PLAN INTEGRATION:

GOAL TWO: ECONOMIC OPPORTUNITY
To ensure that Hemet is a hub, with access to quality jobs, shopping options, and a varied and sustained tax base.

The proposed action aligns with Council adopted objective: Develop business practices that welcome new development by streamlining processes.

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

The proposed action aligns with Council adopted objectives: Operate in a financially sustainable manner; Evaluate existing practices to ensure continuity with industry best practices; and, Provide Council with policies that are consistent while lessening liabilities.

ATTACHMENT(S):

HMT - Cannabis Application Resolution
HMT - Cannabis Application Resolution Exhibit A - 1 Review Criteria HMT - Cannabis Application Resolution Exhibit A - 2 Application HMT - Cannabis Application Resolution Exhibit A - 3 Agreement

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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 ESTABLISHING THE APPLICATION

AND REVIEW CRITERIA FOR STOREFRONT CANNABIS

BUSINESSES

WHEREAS, Article XVI of Chapter 18 of the Hemet Municipal Code (“HMC”) establishes the regulatory standards and requirements for the operation of commercial cannabis businesses, including storefront retail operations, in the City of Hemet; and
WHEREAS, Section 18-509(a) of the HMC provides that the City Council may adopt by resolution the procedures governing the application process, and the manner in which the decision will ultimately be made regarding the issuance of any commercial cannabis business permits, which shall include or require the City Manager or their designee to provide detailed objective review criteria to be evaluated on a point system or equivalent quantitative evaluation scale tied to each set of review criteria (“Review Criteria”).

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

SECTION 1. Findings.

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

SECTION 2. Adoption of Review Criteria.

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CITY COUNCIL RESOLUTION NO. 2024-XXX
The City Council hereby adopts the Review Criteria for Storefront Retail Cannabis Businesses set forth in Exhibit “A,” attached hereto, to review storefront retail commercial cannabis business permit applications.

SECTION 3. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

SECTION 4. CEQA Findings.

The City Council hereby finds that the adoption of this Resolution is exempt pursuant to Section 15061(b)(3) of the Guidelines of the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

SECTION 5. Effective Date.

This resolution shall take effect and be in force immediately.

PASSED, APPROVED AND ADOPTED this ____ day of ________ 2024.

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CITY COUNCIL RESOLUTION NO. 2024-XXX
____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier
City Clerk

18.B

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 9th day of July, 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

18.B

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Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1 City of Hemet
Planning Department
445 East Florida Avenue
Hemet, CA 92543
P: 951.765.2375
E: [email protected]
https://www.cityofhemet.org

APPLICATION PROCEDURES & GUIDELINES FOR A

STOREFRONT RETAIL

COMMERCIAL CANNABIS BUSINESS PERMIT
Application Period
OPENS – [***DATE***]
Information regarding the Commercial Cannabis Business (CCB) Application process can be found on the City’s website at [***WEBSITE***] and includes the following:
▪Application Procedures & Guidelines ▪Financial Responsibility, Indemnity ▪Hemet Municipal Code (HMC) Article XVI
▪Commercial Cannabis Business (CCB)
Permit Application
and Consent to Inspection Terms
Agreement Background Check
Portal Link Scan form(s)
The application period for a Storefront Retail Cannabis Business Permit to operate a Storefront Retail CCB in the City of Hemet (“City”) will open on [***DATE***] and will remain open until closed. Prior to closing the application process, the City will post a Notice of Application Deadline at the website linked above. The Notice of Application Deadline will advise that the application period will close not later than 30 days from when the notice is posted. Applications will be available on the City website linked above along with these procedures. Applications must be submitted to the Planning Department in their entirety. Any incomplete application will be returned. Applications submitted before the deadline will be reviewed and awarded consistent with these guidelines and the HMC.

APPLICANTS SHOULD MONITOR THE CITY’S WEB PAGE FOR ANY
ADDITIONAL INFORMATION, FAQ’S, OR UPDATES. IT IS THE

RESPONSIBILITY OF THE APPLICANT TO STAY INFORMED OF THIS INFORMATION.

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Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1

LIMITATIONS
Pursuant to Hemet Municipal Code Section 18-508 the maximum number of Storefront Retail CCBs in Hemet is limited to five (5). The locational restrictions on Storefront Retail CCBs are listed in Hemet Municipal Code Section 18-525.

AMENDMENTS TO THE APPLICATION
If the City determines than a submitted application is incomplete or does not otherwise meet the minimum application score of eighty percent (90%), the City shall send a Notice of Deficiency to the applicant generally describing the manner in which the application is incomplete or deficient. The applicant may resubmit those sections deemed incomplete or deficient. The applicant must submit all amendments as a single submission. If an applicant fails to correct those sections deemed incomplete or deficient upon submission of the amendment, the application will be rejected and the applicant will be given an opportunity to reapply, subject to a new application fee.

CITY’S RESERVATION OF RIGHTS
The City reserves the right to reject any and/or all applications, with or without cause or reason. The City may modify, postpone, or cancel the request for a Cannabis Business Permit without liability, obligation, or commitment to any party, firm, or organization. In addition, the City reserves the right to request and obtain additional information from any applicant to conduct a complete review of the application or an investigation into the truthfulness of the statements set forth in the application or provided at any stage of the application process. [CONTINUES ON NEXT PAGE]

18.B

Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1

APPLICATION PROCESS
This application process is adopted pursuant to Hemet Municipal Code Article XVI. Review the information regarding the application process and which documents you will need. Before submitting your application, review your application in its entirety to ensure that it is complete and accurate. Review the information regarding the Storefront Retail Cannabis Business Permit application process for a CCB on the City webpage provided on page one.

The following procedures outline the application evaluation and selection process, required materials, and other information necessary to apply for a Cannabis Business Permit to operate a Storefront Retail facility in the City of Hemet.

APPPLICATION SUBMITTAL REQUIREMENTS
Applications must respond to all requirements outlined in the “Application Procedures & Guidelines for a Cannabis Business Permit.” Applicants must submit all required application materials together in one complete comprehensive application package. This can be done in person, FED EX, UPS or any other common carrier delivery service as long is it a complete application. The application package must include all the following documents with original signatures for each document.
(a) Cannabis Business Permit Application;
(b) Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement; (c) Agreement on Limitations of City’s Liability and Indemnification to City; and (d) Application fee and Background Check fee(s).

In addition, all Applicants must submit a USB flash drive containing one complete copy of the application submittal requirements as outlined in the below format. The application package and application fees must be received by the Community Development Department at the same time.

Responses to the Evaluation Criteria (Sections 1-7 found in Appendix A of the Application Procedures & Guidelines) shall be limited to 200 pages. Responses pertaining to Backgrounds, Proof of Capitalization, Zoning Verification Letter, and Property Owner Consent/Lease Agreements and Property Owner/Landlord Affidavit shall not be included in the 200-page limitation. Those responses should be saved in PDF files that are separate from the Evaluation Criteria (see below). All materials must be submitted on a USB flash drive in a PDF format in the following files:

PDF File #1 – Cannabis Business Permit Application (pages 1-3), Financial Responsibility, Indemnity and Consent to Inspection Terms Agreement (pages F1-F3,) Agreement on Limitations of City Liability and Indemnification to City (pages F4-F6); and with required signatures for all documents.

PDF File #2 – Evaluation Criteria (Responses to Sections 1-7 of Appendix A limited to 200 pages)

18.B

Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1 PDF File #3 – Background Check documentation (All required documents for each owner).

Upon submission of the online background application, Applicants will receive an email confirmation. This confirmation needs to be printed, scanned, and included within PDF File #3.

PDF File #4 – Proof of Capitalization (All bank statements, loan documents, promissory notes, financial and commitment letters)
PDF File #5 – Zoning Verification Letter and Proof of Insurance which shows the location being insured in the City of Hemet, the type of activity being insured and the name of the business being insured. Copies from another location owned by the Applicant will not qualify.

BACKGROUND CHECK
Each Owner must undergo a criminal history background check to demonstrate they do not provide “good cause” for denial per HMC Sections 18-506 and 18-531(k). Owners who do not meet the criminal history eligibility requirements of Section 18-531(k) will be disqualified.

The background form can be found online at:
https://hdlcompanies.formstack.com/forms/bc_hemet_2.

In addition, each successful applicant will be asked to submit to a Live Scan as part of the background check as determined by the Chief of Police. Prior to being issued a permit, the Applicant’s primary contact will be notified by email with the instructions on how to schedule the Live Scan appointment.

The initial background check fee for each owner shall be $300.00. This process will be required to meet the minimum threshold qualifications pursuant to HMC Section 18-531(k).

The results of the background check along with the City-issued Zoning Verification Letter must be included with the CCB Application (Phase I).

ZONING VERIFICATION LETTER (ZVL)
Prior to submitting a Cannabis Business Permit Application, an Applicant must obtain a Zoning Verification Letter from the Planning Department. To secure this letter, an Applicant must make a written request which should specify the intended use of the building (storefront retail), and the proposed building location. Please advise the City if you currently occupy the premises or if there is a tenant currently occupying the premises.

The issuance of a ZVL does not constitute written evidence of permission given by the City or any of its officials to operate a cannabis business, nor does it establish a “permit” within the meaning of the Permit Streamlining Act, nor does it create an entitlement under the Zoning or Building Code. A regulatory permit for a CCB does not constitute a permit that runs with the land on which the cannabis business is established. Please note that the cannabis business will require a discretionary permit.

18.B

Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1 FEES
All applicants will be required to submit a fee of $10,227.00. This amount will be charged against time spent by City staff and the Consultant reviewing applications and administrating the application process. Applicants are advised that they may be required to pay additional amounts as required for the sole purpose of the City’s completion of the application review process. However, there will also be a separate fee for the Zoning Verification Letter (ZVL) of $313.00 per site and the Background Check Fee of $300.00.

Payment must be made by a certified check, cashier’s check or money order made payable to the City of Hemet. Please note the City will not accept cash or credit cards and application fees are non-refundable.

APPLICATION REVIEW, SCORING AND APPROVAL PROCESS
PHASE I: DETERMINATION OF ELIGIBILITY
Applications must be submitted in their entirety to move forward in the review process. Upon receiving a completed application City staff will review the application in its entirety using the Application Submittal checklist on Page 1 of the CCB Application. Applications determined to be eligible will be forwarded to the Consultant for Phase II (Application Evaluation and Review).

PHASE II: APPLICATION EVALUATION AND REVIEW (2,000 points) Applications will be evaluated by the Community Development Director and/or Consultant and scored on a pass/fail bases on the criteria listed below. See APPENDIX A for a description of the evaluation criteria:
▪Section 1. Business Plan (300 points)
▪Section 2. Labor and Local Enterprise Plan (300 points) ▪Section 3. Neighborhood Compatibility Plan (200 points) ▪Section 4. Safety Plan (300 points)
▪Section 5. Security Plan (400 points)
▪Section 6. Community Benefit and Investment (300 points) ▪Section 7. Location (200 points)
Those applications which score a minimum of 90% (1,800 points) in Phase II will move on to Phase III of the application process. Those Applicants which do not meet the minimum requirement score will be provided the opportunity to cure the deficiencies and resubmit the requested information to the City. Please note that Applicants may only amend their application one time, therefore, Applicants are encouraged to provide a quality application when resubmitting the requested information.

18.B

Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1 PHASE III: LOTTERY
If five (5) or fewer applications are submitted to Phase III, then all applications submitted will be issued a Storefront Commercial Cannabis Business Permit.

If six (6) or more applications are submitted to Phase III, then all approved applications will be entered in the random lottery drawing, which will be conducted during regular business hours. The City will announce the location, date, and time at least two weeks before conducting the lottery drawing on the City’s website linked above. The lottery drawing details will be emailed to approved applicants and any other interested person who has requested to receive cannabis lottery updates.

Results of the lottery drawing will be available immediately to those persons attending the lottery drawing in person. The City will also notify the applicants included in the lottery and post the lottery winners on the website listed above.

APPEALS:

Any Applicant wishing to appeal any decision made in the application process, or the results of the Lottery, may appeal to the appointed hearing officer within ten (10) days of the Applicant receiving a notice that he/she would not move forward in the application process or be issued a permit. Such appeals shall comply with the requirements of Hemet Municipal Code Sections 18-515, et seq.

Note: Being awarded a Cannabis Business Permit does not constitute a land use entitlement and does not waive or remove the requirements of applying for and receiving permits for all construction including: electrical, plumbing, fire, Planning Department permits or reviews, and any other permits, licenses, or reviews as deemed necessary by the relevant departments or governmental entities in charge of said permits. Nor does the award of a Cannabis Business Permit guarantee that the plans submitted via the Cannabis Business Permit application process meet the standards or requirements in Article XVI and any other permit requirements from other City departments or agencies.

CONTACT
If you have any questions or would like an update on the status of your application, please contact the City of Hemet [***PHONE***] or by email at [***EMAIL***].

18.B

Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1 APPENDIX A: EVALUATION CRITERIA
All of the following information must be submitted on a USB flash drive in PDF format (Please do not submit any documents in Word format) when the application is initially filed for consideration as part of Phase I. All responsive documentation shall be saved in five (5) individual digital files as described in the APPLICATION PROCEDURES & GUIDELINES FOR A COMMERCIAL CANNABIS BUSINESS PERMIT.

CRITERIA

1. BUSINESS PLAN

1.1.Owner qualifications. Resumes are not to exceed two (2) pages per owner.

1.2.A budget for construction, operation, and maintenance, compensation of employees, equipment costs, utility cost, and other operation costs.

1.3.Proof of capitalization in the form of documentation of cash or other liquid assets on hand, Letters of Credit, or other equivalent assets.

1.4.Pro forma for at least three years of operation.

1.5.Fully describe hours of operation and opening and closing procedures.

RETAIL

1.6.Fully describe the day-to-day operations if you are applying for a RETAIL permit this should include at a minimum the following criteria.

A.Describe customer check-in procedures.

B.Identify location and procedures for receiving deliveries during business hours.

C.Identify the name of the Point-of-sale system to be used and the number of Point-of-Sale locations.

D.Estimate the number of customers to be served per hour/day.

E.Describe the proposed product line to be sold and estimate the percentage of sales of flower and manufactured products.

F.If proposed, describe delivery service procedures, number of vehicles and product security during transportation.

G.How the Cannabis Business will conform to local and state laws. See HMC Section 18.33 as they pertain to retail establishments in the City of Hemet.

H.How cannabis and cannabis products will be tracked and monitored to prevent diversion. Describe the Point-of-Sale system to be used and how it will interact with the state’s mandated track and trace system.

2. LABOR AND LOCAL ENTERPRISE PLAN

2.1.Describe whether the Commercial Cannabis Business is committed to offering employees a Living Wage.

2.2.Briefly describe benefits provided to employees such as health care, vacation, and

18.B

Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1 medical leave, to the degree they are offered as part of employment.

2.3.Describe compensation to and opportunities for continuing education and employee training.

2.4.Describe the extent to which the Commercial Cannabis Business will be a locally managed enterprise whose owners and /or managers reside within or own a commercial business within the City of Hemet, the Sphere of Influence for the City, or the San Jacinto Valley generally.

2.5.Describe the number of employees, title/position, and their respected responsibilities.

3. NEIGHBORHOOD COMPATIBILTY PLAN

3.1.Describe how the CCB will proactively address and respond to complaints related to noise, light, odor, litter, vehicle, and pedestrian traffic.

3.2.Describe how the CCB will be managed to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community.

3.3.Describe odor mitigation practices.

3.4.Identify potential sources of odor.

3.5.Describe odor control devices and techniques employed to ensure that odors from cannabis are not detectable beyond the licensed premises.

3.6.Describe all proposed system maintenance.

3.7.Describe the waste management plan.

3.8.Describe outreach efforts to sensitive uses listed in the HMC, as well as other sensitive uses such as places of worship. Provide any letters of support received from such sensitive uses.

4. SAFETY PLAN
The Safety Plan should consider all possible fire, medical and hazardous situations. Complete policy/procedures manuals are not required at this point in the application process. Please only provide a description for each criterion which incorporates the following provisions:

4.1.The Safety Plan shall be prepared and/or assessed by a professional fire prevention and suppression consultant.

4.2.Describe accident and incident reporting procedures.

4.3.Describe evacuation routes.

4.4.Location of fire extinguishers and other fire suppression equipment.

4.5.Describe procedures and training for all fire and medical emergencies.

5. SECURITY PLAN
The Security Plan should consider all access control, inventory control, cash handling procedures. Complete policy/procedures manuals are not required at this point in the

18.B

Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1 application process. Please only provide a description for each criteria which incorporates the following provisions:

5.1.The Security Plan shall be prepared and/or assessed by a professional security consultant.

5.2.Premises (Security) Diagram. In addition to diagrams submitted for other sections of the application, applicants are expected to submit a premises diagram (or site plan) which, focuses on the proposed security measures and how they relate to the overall business. (Pursuant to CCR Title 16, Division 42, §5006. Premises Diagram).

A.The diagram shall be accurate, dimensioned and to scale (minimum scale ¼”). The scale may be smaller if the proposed location exceeds more than a 1/2-acre parcel but must not be printed on larger than an 11” x 17” sheet of paper. (Blueprints and engineering site plans are not required at this point of the application process)
B.The diagram must be drawn to scale and clearly identify property boundaries, entrances, exits, interior partitions, walls, rooms, windows, and doorways. The activity in each room and the location of all cameras must be identified in the diagram.

C.Description of cannabis activity that will be conducted in each area of the premise. Commercial cannabis activities that must be identified on the diagram/site plan may include but are not limited to the following if applicable to the business operations; storage areas, batch sampling areas, loading/unloading of shipment areas, packaging and labeling, customer sales areas, training areas, employee break room areas, extractions, infusions, processing, and testing areas.

D.Limited-access areas, defined as areas in which cannabis goods are stored or held and only accessible to licensees, or its employees or contractors and areas used for video surveillance monitoring and storage devices (Pursuant to CCR Title 16, Division 42, §5000 (m) Limited-Access Area and §5042 Limited-Access Area.

E.Number and location of all video surveillance cameras.

5.3.Identify intrusion alarm and monitoring system including the name and contact information for the monitoring company (if the company has been selected).

5.4.Briefly describe cash handling procedures.

5.5.Discuss whether the CCB will utilize the services of on-site security guards. Include in the discussion:

A.Number of guards.

B.Hours guards will be on-site.

C.Locations at which they will be positioned.

D.Guards’ roles and responsibilities.

18.B

Commercial Cannabis Business Application Procedure Guidelines/July 4, 2024 1

6. LOCATION

6.1.In addition to the location-related details provided in the Cannabis Business Permit Application (pages 1-3), the application shall include a thorough description of the proposed location, including but not limited to the overall property, building, and floor plan.

6.2.The application shall include at least one (1) photograph of the front (street side) of the building or street view of the vacant parcel.

6.3.Premises (Site) Diagram for each proposed location. In addition to diagrams submitted for other sections of the Cannabis Business Permit Application, applicants are expected to submit a premise/site diagram that focuses on the overall property, building. This diagram should show the overall parcel and adjoining or neighboring buildings that may be affected by the commercial cannabis business.

A.A Premise (Site) Diagram must be accurate, dimensioned and to-scale (minimum scale of ¼”). The diagram shall provide a detailed description of all available/shared parking spaces, driveway locations, and auxiliary buildings on the parcel. (Blueprints and engineering site plans are not required at this point of the application process. Security features are not required for this section.)

7. COMMUNITY BENEFITS AND INVESTMENTS PLAN
The Cannabis Business Permit Application should describe all benefits the CCB will provide to the local community. Benefits may be in the form of volunteer services, monetary donations to local non-profit organizations, financial support of City-sponsored activities or organizations, in-kind donations to the City or other charitable organizations and/or any other economic incentives to the City. (See Hemet Municipal Code Section 18-530(c)).

18.B

HEMET COMMERCIAL CANNABIS BUSINESS APPLICATION

City of Hemet

COMMERICAL CANNABIS

BUSINESS APPLICATION

APPLICANT (ENTITY) INFORMATION
APPLICANT (ENTITY) NAME: DBA:

Physical Address: City: State: Zip:

PRIMARY CONTACT (Same as above? ☐ Yes ☐ No):

Title:

Address: City: State: Zip:

Phone: Email:

HAS ANY INDIVIDUAL IN THIS APPLICATION APPLIED FOR ANY OTHER CANNABIS PERMIT IN THE CITY OF HEMET: ☐ Yes ☐ No Select one or more of the following categories. For each category, indicate whether you are applying for Adult-Use (“A”) or/and Medicinal (“M”) or both. Please note Retail can only be done in conjunction with another permitted activity at the same location. □ Adult Use ☐ Medical Use
□ Retail (Storefront) ☐ Retail (Non-Storefront) ☐ Cultivation ☐ Distribution ☐ Manufacturing ☐ Microbusiness ☐ Testing Labs Business Formation Documentation: Describe how the business is organized (attach to Business Plan). □ Sole Partnership ☐ Corporation ☐ S-Corporation ☐ Limited Liability Company ☐ Limited Partnership

APPLICATION SUBMITTAL CHECKLIST
Applications failing to submit any of the following will be deemed incomplete unless otherwise noted by an asterisk for special deadlines, and will not move forward in the application process:
✓ One (1) printed hard copy of a complete and signed Commercial Cannabis Initial Application form (Pages 1-3), with the Application Fee.
✓ All Evaluation Criteria outlined in Appendix A saved in PDF format on a single USB flash drive. (This section shall not exceed 200 pages).*
✓ Proof of comprehensive general liability insurance (minimum $1M per occurrence) or evidence by an Insurance Agency that the cannabis business is insurable.**
✓ A signed and notarized Property Consent form and Lease Agreement. ✓ A signed Financial Responsibility, Indemnity and Consent to Inspect Terms Agreement form (Pages F1-F3). ✓ A signed Limitations of City Liability and Indemnification to City form (Pages F4-F6). ✓ Proof of Background Check Fee receipt.
✓ Application Zoning Verification Letter (ZVL).
* Background and Financial documents are not part of the 200-page limitation. **The only information that can be submitted after the initial application is proof of insurance prior to the City Awarding a Cannabis Permit however, at a minimum proof if insurability must be provided with the initial application package.

PROPERTY OWNER NAME:

Address: City: State: Zip:

Phone: Email:

Zoning Verification Letter (Please attach): ☐ Yes ☐ No Assessor’s Parcel Number (APN):

Proposed Location Square Footage:

Planning Department
455 East Florida Avenue
Hemet, CA 92543
Ph: 951.765.2375
Email:[email protected]
https://www.cityofhemet.org

18.B

HEMET COMMERCIAL CANNABIS BUSINESS APPLICATION

SUPPORTING INFORMATION
I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in this application that the statements and information furnished in this application and the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a permit issued.

In addition, I understand that the filing of this application grants the City of Hemet permission to reproduce submitted materials for distribution to staff, Commissions, Boards and City Council Members, and other Agencies to process the application. Nothing in this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits, and photographs for any purpose unrelated to the City's consideration of this application.

Furthermore, by submitting this application, I understand and agree that any business resulting from an approval shall be maintained and operated in accordance with requirements of the City of Hemet Municipal Code and State law.

Under penalty of perjury, I hereby declare that the information contained in within and submitted with the application is true, complete, and accurate. I understand that a misrepresentation on the facts is cause for rejection of this application, denial of a license or revocation of an issued license.

Name Signature
Title Date
For details about the information required as part of the application process, see the Application Procedures & Guidelines, City of Hemet Municipal Code Article XVI, and any additional requirements to complete the application process. All documents can be found online at https://www.cityofhemet.org. For questions, please contact the Community Development Department at 951.765.2375 or [email protected].

List all fictitious business names the applicant is operating under including the address where each business is located:
_____________________________________________________________________________________________________ _____________________________________________________________________________________________________ Has the Applicant or any of its owners been the subject of any administrative action, including but not limited to suspension, denial, or revocation of a cannabis business license at any time during the past five (5) years? If so, please list and explain:
_____________________________________________________________________________________________________ _____________________________________________________________________________________________________ Is the Applicant or any of its owners currently involved in an application process in any other jurisdiction? _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________

APPLICATION CERTIFICATION

18.B

HEMET COMMERCIAL CANNABIS BUSINESS APPLICATION

OWNER INFORMATION
It must be completed by all owners with a 10% ownership or more. The total ownership percentage should equal 100%. Exception: If the business is a Publicly Traded Company (PTC), they will only be required to list all the Board of Directors and/or any person with an ownership interest of 10% or more. Please provide supporting documentation if you are claiming the PTC Waiver.

Add more pages as necessary to accommodate all Commercial Cannabis Business Owners I declare under the penalty of perjury that the information provided on this disclosure form is true and accurate to the best of my knowledge.

Ownership %
Name: Title:

Address: City: State: Zip:

Background Information Included as required? ☐ Yes ☐ No Signature: Date:

I declare under the penalty of perjury that the information provided on this disclosure form is true and accurate to the best of my knowledge.

Ownership %
Name: Title:

Address: City: State: Zip:

Background Information Included as required? ☐ Yes ☐ No Signature: Date:

I declare under the penalty of perjury that the information provided on this disclosure form is true and accurate to the best of my knowledge.

Ownership %
Name: Title:

Address: City: State: Zip:

Background Information Included as required? ☐ Yes ☐ No Signature: Date:

I declare under the penalty of perjury that the information provided on this disclosure form is true and accurate to the best of my knowledge.

Ownership %
Name: Title:

Address: City: State: Zip:

Background Information Included as required? ☐ Yes ☐ No Signature: Date:

18.B

Agreement of Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City 1 F-1

CITY OF HEMET

COMMERCIAL CANNABIS BUSINESS LICENSE APPLICATION

FINANCIAL RESPONSIBILITY, INDEMNITY AND

CONSENT TO INSPECTION TERMS
Dated:______________, 2024
I hereby agree to the following terms:

1. I herewith pay the sum of $8,500 for the application fee for the review and processing of an application for commercial cannabis business permit.

2. The entire fee amount paid to the City of Hemet (“City”) is non-refundable for any reason. There is no guarantee - expressed or implied - that by submitting the application or paying the application fee that I will obtain a regulatory permit to operate a commercial cannabis business, land use entitlements, or any benefit whatsoever.

3. All costs incurred by the City in processing said application, including staff time, attorney’s fees, Consultant’s fees and overhead, shall be funded by me from the fees paid. This is my personal obligation and shall not be affected by sale or transfer of the property subject to the application, changes in business organization, or any other reason.

4. I acknowledge and agree to the defense, waiver, and indemnification obligations stated in the attached “Agreement on Limitations of City’s Liability, and Certifications, Assurances Warranties and Indemnification to City”, incorporated herein by reference.

5. The City will promptly notify the Applicant(s) and Owner(s) of any claim, action, or proceeding that is or may be subject to this Agreement on Limitations of City’s Liability, and Certifications, Assurances Warranties, and Indemnification to City. The City may, within its unlimited and sole discretion, participate in the defense of any such claim, action, or proceeding.

6. I will fund a deposit account (“Fund”) to reimburse the City’s cost, including attorney’s fees, to defend any claim, action, or proceeding that is or may be subject to the agreement on limitations of City’s Liability, and Certifications,

18.B

Agreement of Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City 2 F-2
Assurances Warranties, and Indemnification to City. In the event that any such claim, action, or proceeding is filed against the City, I shall within 30 days of the filing deposit an initial sum of $10,000 to the Fund to reimburse my portion of the City defense costs, as determined by the City in its sole discretion. The Fund shall contain an amount necessary to cover three months’ worth of budgeted expenditures by the City relating to the City’s defense of the claim, action, or proceeding, including all time to appeal, or as long as expenditures made by the City relating to its defense remain unreimbursed, whichever is later. Once all remaining and outstanding reimbursements have been paid to the City by me, City shall return to me any remaining unused portion of my deposit.

7. The City shall have the sole and absolute right to approve any and all counsel employed to defend the City. To the extent the City uses any of its resources to respond to such claim, action or proceeding, or to assist the defense, I will reimburse the City for those costs. Such resources include, but are not limited to, staff time, court costs, City Attorney’s time, or any other direct or indirect cost associated with responding to, or assisting in defense of, the claim, action, or proceedings.

8. I consent and expressly allow, authorize, and permit the City, all its departments, agents, and employees, to enter upon and inspect the subject property identified in my application, with or without prior notice, for the purposes of processing this application or inspection or photographing for compliance with all laws, regulations, and conditions placed on land use approvals or the cannabis business permit. No additional permission or consent to enter upon the property is necessary or shall be required. By signing this agreement, I further certify and warrant I am authorized to, and hereby do, consent, and allow such inspections on my behalf and on the behalf of each and all Owners of the property and Applicants.

9. I understand that all materials submitted in connection with my application are public records subject to inspection and copying by members of the public. By filing an application, I agree that the public may inspect and copy these materials and the information contained therein, and that some or all of the materials may be posted on the City’s website. For any materials that may be subject to copyright protection, or which may be subject to Sections 5500.1 and 5536.4 of

18.B

Agreement of Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City 3 F-3
the California Business and Professions Code, by submitting such materials to the City I represent that I have the authority to grant, and hereby grant, the City permission to make the materials available to the public for inspection and copying, whether in hardcopy or electronic format.

In the event a request for information under the California Public Records Act seeks disclosure of application materials marked by me as “Confidential information,” the City will make reasonable efforts to provide notice to me prior to such disclosure to allow me to seek a protective order, injunctive relief, or other appropriate remedy. If I contend any designated application materials are exempt from the CPRA and wish to prevent disclosure, I agree that I am required, at my own, cost, liability, and expense to obtain a protective order, injunctive relief or other appropriate remedy from a court having jurisdiction over the matter at least two (2) days before City’s deadline to respond to the California Public Records Act request. I understand and acknowledge that if I fail to obtain such a remedy before the deadline for the City’s response to the request, the City will disclose the requested information and shall not be liable or responsible for such disclosure.

10. This Agreement shall constitute a separate agreement from any cannabis business permit approval, and that if the cannabis business permit, in part or in whole, is revoked, invalidated, rendered null or set aside by a court of competent jurisdiction, I agree to be bound by the terms of this Agreement, which shall survive such invalidation, nullification or setting aside.

11. This Agreement shall be construed and enforced in accordance with the laws of the State of California and in any legal action or other proceeding brought by either party to enforce or interpret this Agreement; the appropriate venue is the Riverside County Superior Court.
[Signature Page Follows]

18.B

Agreement of Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City 4 F-4
After review and consideration of all of the foregoing terms and conditions, I agree to be bound by and to fully and timely comply with all of the foregoing terms and conditions, and the attached “Agreement on Limitations of City’s Liability, and Certifications, Assurances Warranties and Indemnification to City”.

Applicant(s)/Owner(s):

Printed Name Signature
Printed Name Signature
Printed Name Signature
Printed Name Signature
Printed Name Signature
Property Owner(s): (if different)
Printed Name Signature
Printed Name Signature
Printed Name Signature

18.B

Agreement of Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City 5 F-5
Agreement on Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City
(Must be completed by all applicants)
A. WAIVER, RELEASE AND HOLD HARMLESS
I hereby waive, release, and hold harmless the City of Hemet (“City”) and its Council, boards and commissions, officers, officials, employees, and agents from any and all actual and alleged claims, losses, damages, injuries, liabilities, costs (including attorney’s fees), suits or other expenses which arise out of, or which are in any way relate to my application for a cannabis business permit, the issuance of the cannabis business permit, the process used by the City in making its decision, the enforcement of the conditions of the cannabis business permit, or the cannabis business’ operations.

I hereby waive, release and hold harmless the City and its Council, boards and commissions, officers, officials, employees, and agents from any and all actual and alleged claims, losses, damages, injuries, liabilities, costs (including attorney’s fees), suits or other expenses which arise out of, or which are in any way relate to: (1) any repeal or amendment of any provision of the Hemet Municipal Code or Zoning Ordinance relating to commercial cannabis activity; or (2) any investigation, arrest or prosecution of me, or the cannabis business’ owners, operators, employees, clients or customers, for a violation of state or federal laws, rules or regulations relating to cannabis activities.

B. AGREEMENT TO INDEMNIFY
I shall defend, indemnify, and hold harmless the City and its Council, boards and commissions, officers, officials, employees, and agents from and against any and all actual and alleged liabilities, demands, claims, losses, damages, injuries, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and attorney’s fees), which arise out of, or which are in any way related to:
i) the requested cannabis business permit and any land use entitlement related thereto, ii) the proceedings undertaken in connection with the approval, denial, or appeal of the requested cannabis business permit and any land use entitlement related thereto, iii) any subsequent approvals or licensing/permits relating to the requested cannabis business permit and any land use entitlement related thereto,

18.B

Agreement of Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City 6 F-6
iv) the processing of the requested cannabis business permit and any land use entitlement related thereto,
v) any amendments to the approvals for the requested cannabis business permit and any land use entitlement related thereto,
vi) the City’s approval, consideration, analysis, review, issuance, denial or appeal of the cannabis business permit;
vii) the City’s approval, consideration, analysis, review, issuance, denial or appeal of any land use entitlement related thereto,
viii) the City’s drafting, adoption and passage of an ordinance, and related resolutions, policies, rules and regulations, allowing for cannabis businesses, ix) the City’s drafting, adoption and passage of an ordinance, and related resolutions if necessary in the future regarding any zoning law amendment(s) related to my cannabis business,
x) the operation of my cannabis business or activity,
xi) the process used by the City in making its decision to approve, consider, analyze, review, issue, or deny, my cannabis business permit or any related land use entitlement, or the appeal of either,
xii) City’s compliance or failure to comply with applicable laws and regulations or xiii) the alleged violation of any federal, state or local laws by my cannabis business or any of its officers, employees or agents, accept where such liability is caused by the sole negligence or willful misconduct of the City.

City may (but is not obligated to) defend such challenge as City, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense. I shall bear any and all losses, damages, injuries, liabilities, costs, and expenses (including, without limitation, staff time and in-house attorney's fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any challenge (“Costs”), whether incurred by me, City, or awarded to any third party, and shall pay to the City upon demand any Costs incurred by the City.

18.B

Agreement of Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City 7 F-7
C. OBLIGATIONS INDEPENDENT OF AWARD OF PERMIT, LICENSE,

OR ENTITLEMENTS
My obligations under this Agreement shall apply regardless of whether a cannabis business permit or any related permits or entitlements are issued.

D. OBLIGATIONS SURVIVE EXPIRATION OF PERMIT, LICENSE, OR

ENTITLEMENTS
My obligations under this Agreement shall survive the expiration of any cannabis business permit or related permit or entitlement issued by the City. No modification of the permit, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.

E. PROSECUTION UNDER FEDERAL LAW
I understand that I, other applicants, owners, operators, employees, and members of the cannabis business may be subject to prosecution under Federal Laws.

F. AUTHORIZED TO SIGN
The person whose signature appears below is authorized to sign this Agreement on behalf of the business, applicant/permittee, owners, and operators, and each of them, if more than one, and has submitted this information and all attachments as required by the application process to obtain a cannabis business permit from the City of Hemet.
[Signature Page follows]

18.B

Agreement of Limitations of City’s Liability, and Certifications, Assurances, Warranties, and Indemnification to City 8 F-8
I declare under penalty of perjury that the information provided on this form is true and correct and do hereby apply for a permit pursuant to City of Hemet Article XVI, and all other applicable sections of this Ordinance.

Applicant Signature Printed Name and Title
Name of Business Entity Address of Permitted Location
Date
Applicant Signature Printed Name and Title
Name of Business Entity Address of Permitted Location
Date
State of California
City of
Subscribed and sworn to (or affirmed) before me on this __________ day of ______________, 20___, by _____________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. (Seal) Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

18.B

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;

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

TITLE:

An Ordinance of the City Council of the City of Hemet adding Article II to Chapter 78 (Traffic and Vehicles) of the Hemet Municipal Code Prohibiting Spectators at Illegal Motor Vehicle Speed Contests, Exhibitions of Speed, and Sideshows

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

(1) Waive full reading and introduce by title only an Ordinance of the City Council of the City of Hemet adding Article II to Chapter 78 (Traffic and Vehicles) of the Hemet Municipal Code Prohibiting Spectators at Illegal Motor Vehicle Speed Contests, Exhibitions of Speed, and Sideshows; and

(2) Direct the City Clerk to place the Ordinance on the Consent Calendar for the next regular meeting of the City Council for second reading and adoption.

BACKGROUND:

The Ordinance is in response to a growing statewide trend of vehicle speed contests and sideshows, which pose a significant health and safety risk to Hemet residents. The State already prohibits these activities as California Vehicle Code ("CVC") Section 23109 prohibits motor vehicle speed contests and exhibitions of speed conducted on public streets and highways. Under state law, violators are guilty of a misdemeanor and can face penalties including up to 90 days in jail, a fine of $1,000, or both, 40 hours of community service, and suspension of a perpetrator’s driver’s license for three to six months. Increased penalties are imposed on repeat violators or violations resulting in serious bodily injury.

However, CVC Section 23109 does not specifically address spectating and the preparation of sideshows and other contests. The Chapter is intended to provide a mechanism to reduce the prevalence of such activities in our community by prohibiting the spectating and preparation of those exhibitions in addition to CVC Section 23109.

18.C

Despite law enforcement efforts to enforce the existing State regulations, the streets of cities all across the State have been the site of illegal sideshows, speed contests, and exhibitions of speed over several years. These events attract spectators. The presence of spectators encourages street racing to continue, which creates a public nuisance that generates noise, air pollution, an increase in traffic accidents, property crimes and damage, personal injuries, deaths, and calls for law enforcement and emergency medical services. California DMV reported a significant increase in 2021 in the number of reckless driving citations statewide and an 80% increase in excessive speed violations. The California Highway Patrol has reported as of May 2023 that, in the past five years, 264 collisions statewide attributed to street racing and sideshows, resulting in 30 fatalities and 124 serious injuries. Therefore, illegal street racing poses an imminent risk to the health and safety of participants, spectators, and the general public.

STRATEGIC PLAN INTEGRATION:

N/A

ATTACHMENT(S):

Attachment 1 - Spectator Ordinance

18.C

ORDINANCE NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2024-[XXX]

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEMET ADDING ARTICLE II TO CHAPTER 78 (TRAFFIC

AND VEHICLES) OF THE HEMET MUNICIPAL CODE

PROHIBITING SPECTATORS AT ILLEGAL MOTOR

VEHICLE SPEED CONTESTS, EXHIBITIONS OF SPEED,

AND SIDESHOWS
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Hemet has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, the City Council of the City of Hemet finds and declares that pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Streets, highways and street intersections are the site of illegal motor vehicle speed contests, exhibitions of speed and sideshows. Such illegal motor vehicle speed contests, exhibitions of speed and sideshows threaten the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and interfere with the right of private business owners to enjoy the use of their property within the City of Hemet; and
WHEREAS, these illegal motor vehicle speed contests, exhibitions of speed and sideshows create a dangerous environment, posing the risk of serious injury or death

18.C

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for pedestrians, spectators, bicyclists and other motorists on local streets and highways in the City; and
WHEREAS, these illegal motor vehicle speed contests, exhibitions of speed and sideshows can cause considerable traffic congestion and damage to the streets, intersections, and property within the City; consequently, the expenditure of public funds is necessary to repair the damaged City streets, intersections and property; and WHEREAS, these illegal motor vehicle speed contests, exhibitions of speed and sideshows are planned and coordinated by participants and spectators through the use of the internet, cell phones, police scanners and other electronic devices that allows them to move in their vehicles spontaneously from one (1) location to another to avoid detection and prosecution by local law enforcement agencies; and WHEREAS, these illegal motor vehicle speed contests, exhibitions of speed and sideshows create an environment of dangerous driving behavior for the entertainment of participants and spectators, including, “spinning donuts”, where vehicles are spun in circles; “peeling out”, and reckless driving when fleeing law enforcement; and WHEREAS, that the mere presence of spectators at illegal speed contests, exhibitions of speed, and sideshows serves to fuel the occurrence of illegal vehicle speed contests and exhibitions of speed and, thereby, creates an encouraging environment for these illegal activities as well as other illegal activities that place the safety and welfare of the public at risk; and

18.C

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WHEREAS, that by discouraging spectators at illegal speed contests, exhibitions of speed, and sideshows, the act of organizing and participating in these illegal activities will be discouraged; and
WHEREAS, the City Council of the City of Hemet finds it is necessary and appropriate to take steps to protect public health and safety. Chapter 73 is adopted to prohibit spectators at illegal speed contests, exhibitions of speed, and sideshows so as to minimize the dangerous conditions caused by illegal motor vehicle speed contests and exhibitions of speed.

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

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

SECTION 2: The Hemet Municipal Code is hereby amended to add Article II to Chapter 78 to read as follows:

ARTICLE II – PROHIBITION OF SPECTATORS AT ILLEGAL MOTOR VEHICLE

SPEED CONTESTS AND EXHIBITIONS OF SPEED
78-31 PURPOSE AND INTENT.
78-32 DEFINITIONS.
78-33 VIOLATIONS.

18.C

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78-34 RELEVANT CIRCUMSTANCES TO PROVE A VIOLATION.
78-35 ADMISSIBILITY OF PRIOR ACTS.
78-36 ENFORCEMENT.
78-31 PURPOSE AND INTENT.

The declared purpose of this chapter is to provide rules and regulations regarding the use of public property, for the protection of the public health, safety and welfare of residents of the City and users of public property, and to ensure public property is maintained in a manner consistent with the broadest use by residents of the City. This chapter is not intended to preempt state law governing the regulation of speed contests or exhibitions of speed but rather compliment such laws by prohibiting spectators at illegal motor vehicle speed contests, exhibitions of speed and sideshows.
78-32 DEFINITIONS.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(A) “CITY” shall mean the City of Hemet.

18.C

ORDINANCE NO. 2024-XXX 5
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(B) “PERSON” shall mean and include any natural person, corporation, company, firm, association, organization, co-partnership, joint venture, trust, business trust, syndicate, estate, receiver, society, club, fraternal organization, any group or combination acting as a unit, and any officer, agent, employee, or servant of any of the foregoing.
(C) “ILLEGAL MOTOR VEHICLE SPEED CONTEST(S)” or “illegal exhibition of speed(s)” shall mean any speed contest or exhibition of speed referred to in Vehicle Code Section 23109 and reckless driving as referred to in Vehicle Code Section 23103, subdivisions (a) and (b).
(D) “MOTOR VEHICLE” shall mean a vehicle as defined in Vehicle Code Section 670.
(E) “SIDESHOW” shall mean a gathering, procession, or assemblage of vehicles where vehicles are used to exhibit stunts and maneuvers in the presence of spectators.
(F) “SPECTATOR” shall mean any individual who is present at an illegal motor vehicle speed contest, exhibition of speed, sideshow, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. The term “spectator” includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

18.C

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(G) “PREPARATIONS” shall mean those preparations for the illegal motor vehicle speed contest, exhibition of speed, or sideshow, including, but not limited to, situations in which:
(1) A group of vehicles or individuals has arrived at a location for the purpose of participating in, or being spectators at the event; or (2) A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the events; or (3) A group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event; or (4) One or more individuals has impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event; or
(5) Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; or
(6) One or more drivers is revving his or her engine or spinning his or her tires in preparation for the event; or
(7) An individual is stationed at or near one or more motor vehicles serving as a race starter.

18.C

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(H) “SCENE” refers to the location of the street race, exhibition of speed, sideshow or the location of the preparations for the street race, exhibition of speed or sideshow. 78-33 VIOLATIONS.
(A) It is unlawful for any person to:
(1) Be knowingly present as a spectator at an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
(2) Be knowingly present as a spectator where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow. (B) An individual is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow if that individual is on a public street or highway, public property, or on private property without the consent of the owner, operator, or agent thereof, and is within two hundred feet of the location of the event or within two hundred feet of the location where preparations are being made for the event. (C) Exemption. Nothing in this Section prohibits law enforcement officers, medical professionals, emergency medical services employees, first responders, firefighters, or their agents from being present at illegal motor vehicle speed contests, exhibitions of speed, or sideshows in the course of their official duties. 78-34 RELEVANT CIRCUMSTANCES TO PROVE A VIOLATION.

18.C

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(A) Notwithstanding any other provision of law, to prove a violation of Section 78-33, admissible evidence may include, but is not limited to, any of the following:
(1) The time of day;
(2) The nature and description of the scene;
(3) The number of people at the scene;
(4) The location of the individual charged in relation to any individual or group present at the scene;
(5) The number and description of motor vehicles at the scene; (6) The activities in which the motor vehicles are engaged; or (7) Whether the person charged drove, walked, or was transported to the scene; or
(8) How long the person charged was present at the scene of the event; or (9) Whether the person charged has previously participated in an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or (10) Whether the person charged has previously aided and abetted an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or (11) Whether the person charged has previously attended an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or

18.C

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(12) Whether the person charged previously was present at a location where preparations were being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow or where an illegal motor vehicle speed contest, exhibition of speed, or sideshow was in progress. 78-35 ADMISSIBILITY OF PRIOR ACTS.

The list of circumstances set forth in Section 78-34 is not exclusive. Evidence of prior acts may be admissible to show the propensity of the person charged to be present at or attend an illegal motor vehicle speed contest or exhibition of speed, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the person charged that a speed contest or exhibition of speed was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Hemet.
78-06 ENFORCEMENT.
(A) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000.00 or imprisonment in the city or county jail for a period of not more than six months, or by both such fine and imprisonment. (B) The city attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the

18.C

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reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under this Chapter shall be punished by a fine not exceeding $100.00 for the first violation, a fine not exceeding $200.00 for a second violation within one year, and a fine not exceeding $500.00 for a third violation within one year. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction.
(C) This Chapter may be enforced by injunction issued by the superior court upon a suit brought by the City Attorney. In addition, as part of a civil action filed to enforce provisions of this Chapter, a court may assess a maximum civil penalty of $2,500.00 per violation of this Chapter violation.

SECTION 3: SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

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

18.C

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

INTRODUCED at the regular meeting of Hemet City Council on the 9 th day of July, 2024.

APPROVED AND ADOPTED this ______ day of _________________, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk
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 the Hemet City Council on the _____ day of ____________________, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

18.C

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ABSTAIN: Council Members:

ABSENT: Council Members:
_____________________________
John Paul Maier, City Clerk

18.C

City of Hemet
City Council Meeting

STAFF REPORT

Meeting: City Council Meeting - Jul 09 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;

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

TITLE:

An Urgency Ordinance Adopting a Moratorium on the Establishment of any New Substance Abuse Treatment Facility or any Related Use or Activity

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Waive full reading, introduce by title only, and approve by a four-fifths vote, an Urgency Ordinance Adopting a Moratorium on the Establishment of any New Substance Abuse Treatment Facility or any Related Use or Activity.

BACKGROUND:

This item is an interim urgency ordinance allowed under the City’s police powers and further under Government Code Section 65858. Recently, several cities in Riverside County have received applications or zoning-related inquiries related to new substance abuse treatment facilities. For this Ordinance, a substance abuse treatment facility is defined as “A facility primarily dedicated to providing dealing individuals for services with and counseling, treatment, specialized support substance abuse or dependency, which facility offers a range of services specific to addiction recovery, including detoxification, inpatient and outpatient rehabilitation, individual and group therapy, and aftercare programs. Unlike hospitals, substance abuse treatment facilities focus primarily on addiction-related care and do not offer general medical services or emergency medical treatment for unrelated health conditions” and shall be referred to as (“Subject Facilities”).

The City anticipates that applicants may seek to establish Subject Facilities within the City before a non-urgency ordinance would become effective. The underlying specific plan or zoning district dictates permitted, conditionally permitted, are such Subject whether or Facilities prohibited.

Depending on an interpretation of the City's zoning ordinances, an applicant may claim that the Subject Facilities are permitted as a matter of right. At present, such Subject Facilities could conceivably be located near sensitive uses, such as residential uses, religious facilities, or schools.

18.D

The City recognizes the need for such Subject Facilities and, at the same time, is concerned that any negative secondary effects (such as loitering, accumulation of trash, noise, and the like) may be incompatible with the public health and safety of Hemet. Staff recommends careful consideration and thorough study of potential regulations pertaining to the Subject Facilities. If the Subject Facilities were permitted to be established in the City without appropriate regulation and study, such uses might be established in areas that could conflict with the policies of the General Plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety, and welfare; and if such uses were allowed to proceed such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding the Subject Facilities.

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.

ATTACHMENT(S):

Attachment 1: Substance Abuse Moratorium

18.D

ORDINANCE NO. 2024-XXX 1

CITY OF HEMET

HEMET, CALIFORNIA
URGENCY ORDINANCE NO. 2024-[XXX]

AN URGENCY INTERIM ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF HEMET ADOPTING A

MORATORIUM ON THE ESTABLISHMENT OF ANY NEW

SUBSTANCE ABUSE TREATMENT FACILITY, AS

DEFINED, OR ANY USE OR ACTIVITY RELATED

THERETO, WITH EXCEPTIONS AS NOTED, FOR

PROPERTIES LOCATED IN THE CITY IN ORDER TO

STUDY WHERE SUCH FACILITIES MAY BE PROPERLY

LOCATED AND FINDING THE ADOPTION OF THIS

ORDINANCE EXEMPT FROM THE PROVISIONS OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO TITLE 14 CALIFORNIA CODE OF
REGULATIONS SECTION 15061, SUBSECTION (B)(3), IN

THAT THE PROPOSED ORDINANCE INVOLVES A

PROACTIVE MEASURE TO REGULATE SUBJECT

FACILITIES WITHIN THE CITY AND DOES NOT HAVE THE

POTENTIAL TO SIGNIFICANTLY IMPACT THE

ENVIRONMENT
WHEREAS, pursuant to the City of Hemet’s police power, the City Council of the City of Hemet ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and
WHEREAS, the local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders; and
WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning

18.D

ORDINANCE NO. 2024-XXX 1
ordinance and for the purpose of protecting the public safety, health and welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with “a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time; and
WHEREAS, for this Ordinance, a substance abuse treatment facility is defined as “a facility primarily dedicated to providing specialized treatment, counseling, and support services for individuals dealing with substance abuse or dependency, which facility offers a range of services specific to addiction recovery, including detoxification, inpatient and outpatient rehabilitation, individual and group therapy, and aftercare programs. Unlike hospitals, substance abuse treatment facilities focus primarily on addiction-related care and do not offer general medical services or emergency medical treatment for unrelated health conditions” and shall be referred to as (“Subject Facilities”); and
WHEREAS, the City Council recognizes the need for such Subject Facilities, and at the same time is concerned that any negative secondary effects (such as loitering, accumulation of trash, noise, and the like) may be incompatible with the public health and safety of Hemet and the City Council believes that careful consideration and thorough study of potential regulations pertaining to the Subject Facilities is required; and

18.D

ORDINANCE NO. 2024-XXX 1
WHEREAS, if the Subject Facilities were permitted to be established in the City without appropriate regulation and study, such uses might be established in areas that could conflict with the policies of the General Plan (which was made available for review by the City Council by the office of the City Clerk and a copy of which was made available for review), be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding the Subject Facilities; and
WHEREAS, the placement of such Subject Facilities needs to be studied pursuant to the land use and economic development vision, goals and policies of the City of Hemet General; and
WHEREAS, to address community concerns regarding the potential proliferation of the Subject Facilities, it is necessary for the City Council to study the potential impacts such uses may have on the public health, safety and welfare; and WHEREAS, based on the foregoing and those matters determined at the meeting at which this Ordinance is introduced and adopted, the City Council finds the use, construction, establishment and/or operation of the Subject Facilities would pose a current and immediate threat to the public health, safety or welfare, and that a temporary moratorium is thus necessary; and

18.D

ORDINANCE NO. 2024-XXX 1
WHEREAS, this Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858 and is for the immediate preservation of the public health, safety and welfare. The City finds that the following facts constitute the urgency are:

1. That the local police power includes broad authority to determine, for purposes of public health, safety, and welfare, the appropriate uses of land within a local jurisdiction's borders.

2. That State law protects local licensing practices, zoning ordinances, and other local actions taken pursuant to the City’s constitutional police power.

3. That the City is concerned with potential public nuisances caused by the Subject Facilities.

4. That the City has received several recent inquiries of several potential Subject Facilities within the City.

5. That certain Subject Facilities could be located, and possibly permitted without mitigation conditions, near sensitive uses such as residential, religious facilities and schools.

6. That there may be secondary effects caused by the Subject Facilities, such as loitering, trash, and noise.

7. That the current market focus on the City for the Subject Facilities and the limited number of current facilities outside the City.

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8. That the City Council anticipates that some may be seeking to establish additional Subject Facilities within the City before a non-urgency ordinance would become effective.

9. That if the Subject Facilities were permitted to be established within the City without appropriate regulation, such uses might be established in areas that could conflict with the policies of the General Plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding the Subject Facilities.

10. That the City needs to properly plan and develop the zoning, uses, regulations, and development standards that will affect the Subject Facilities within the City.

11. That the City Council desires to investigate and study the impacts of the Subject Facilities.

12. That absent the adoption of this Ordinance, the use, construction, establishment or operation of the Subject Facilities in the City may pose a serious threat to public health and safety, introducing incompatible land uses to existing neighborhoods or in close proximity thereto.

13. That absent the adoption of this Ordinance, the number and location of the Subject Facilities may increase the burden upon City services; and

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WHEREAS, as a result, it is necessary to establish a temporary, forty-five (45) day moratorium on the use, construction, establishment and/or operation of the Subject Facilities in the City, pending completion of the City's study of the potential impacts; and
WHEREAS, in addition, it is necessary to prohibit, as a public nuisance, the use of any structure for use of the Subject Facilities for the duration of this Ordinance, or any extension thereof; and
WHEREAS, the City Council determines, by at least a four-fifths (4/5) vote, that this urgency ordinance is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.

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

SECTION 1. CEQA: The City Council finds that adoption of this urgency interim ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations section 15061, subsection (b)(3), in that the proposed ordinance involves a proactive measure to regulate Subject Facilities within the City and does not have the potential to significantly impact the environment.

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SECTION 2. Incorporation: The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code. Accordingly, this Ordinance shall become effective immediately upon adoption.

SECTION 3. Direction: It is necessary to establish a temporary, forty-five (45) day moratorium on the use, construction, establishment and/or operation of new Subject Facilities pending completion of the City's study of the potential impacts and regulation of such, and possible amendments to the City's zoning ordinance and related provisions of the Hemet Municipal Code to ensure that adequate development standards and implementation regulations are in effect prior to permitting such within the City of Hemet. To that end, the City Manager is directed to analyze the appropriateness of the Subject Facilities within the city limits of the City of Hemet, including but not limited to, the desirability, appropriateness and effectiveness of development standards and regulatory controls.

This moratorium shall not be interpreted as affecting the use or operation of any:

1. Legally existing Subject Facilities in the City; or

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2. Subject Facilities that have not yet been completed but which are subject to:
a) A vesting tentative map; or b) Development agreement; or c) For which a building permit has been issued and in good faith reliance on such issuance substantial work has been completed and substantial liabilities incurred.

SECTION 4. Moratorium Established: In accordance with the authority granted
to the City of Hemet by California Government Code Section 65858 and for the reasons set forth herein above, commencing as of the effective date of this Ordinance and continuing thereafter for a period of forty-five (45) days, no approvals may be made or issued by the City, its officers or employees of any applications for a use permit, variance, building permit, business license or any other applicable entitlement or permit, for the use of any land within the City or the construction, establishment or operation of Subject Facilities. For the period of this Ordinance, or any extension thereof, Subject Facilities shall be considered a prohibited use in any zoning district of the City and neither the City Council nor City staff shall approve any use permit, license, certificate of occupancy, zoning code or general plan amendment authorizing the use of any land within the City for any Subject Facility.

SECTION 5. Prohibition: No person shall commence, construct, establish, or operate any Subject Facility, as defined in this Ordinance, within the City limits of the City of Hemet during the period this Ordinance is in effect.

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SECTION 6. Violation and Public Nuisance: The construction, establishment or operation of any Subject Facility as defined in this Ordinance, within the city limits of the City of Hemet during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety and welfare. No property in any zone of the City is to be used for purposes of a Subject Facility during the period this Ordinance is in effect. The use of any property for such purpose shall be a public nuisance. A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief as well as any other available civil remedies. Additionally, any person that violates this Ordinance may be subject to the City's applicable administrative remedies.

SECTION 7. Severability: The City Council of the City of Hemet hereby declares
that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause