Hemet City Council
October 22, 2024

MAYOR AND CITY COUNCIL:

Joe Males
Mayor (District 4)
Jaculin "Jackie" Peterson
Mayor Pro Tem (District 2)
Carole Kendrick
Council Member (District 1)
Malcolm Lilienthal
Council Member (District 3)
Linda Krupa
Council Member (District 5)

Mark Prestwich
City Manager
Steven Graham
City Attorney
John P. Maier
City Clerk

CITY COUNCIL AGENDA

CITY OF HEMET, CALIFORNIA
Tuesday, October 22, 2024
City Council Chamber
450 E. Latham Ave., Hemet, California 92543
CLOSED SESSION AT 5:30 P.M.

REGULAR MEETING AT 7:00 P.M.

Council Chamber: In-person participation is limited in the Council Chamber in order to maintain social distancing room capacity.

Live Stream: This meeting will be live streamed on the City's website at hemetca.gov/agenda.

Public Comments: Members of the Public who wish to comment on matters before the Council, in lieu of attending in person, may submit comments on or before 2:00 p.m. the day of the meeting by using the following link: Online Comment Form. Comments will be recorded in the official meeting record.

Teleconference: ***UPDATED PROCEDURES***POTENTIAL USE OF AB 2449’S JUST CAUSE OR EMERGENCY CIRCUMSTANCES PROVISIONS In the event a City Councilmember joins the meeting virtually under AB 2449, then members of the public can utilize the number below to participate via teleconference. If all participating Councilmembers are physically present, then the call-in feature will be unavailable, but the meeting can still be viewed at the link:
https://us02web.zoom.us/j/81679116070
Webinar ID:816 7911 6070
Passcode: 745765
Telephone: Dial (for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 253 215 8782

Notice Regarding Americans with Disability Act
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting or if you need agenda documents provide in an alternate format, please contact the City Clerk’s Office at (951) 765-2307 at least 48 hours prior to the meeting to ensure that reasonable arrangements can be made (28CFR 35.102-35.104

ADA Title II)
Page

1. CLOSED SESSION – 5:30 P.M.

2. CALL TO ORDER

3. ROLL CALL

4. PUBLIC COMMENT PERIOD - RULES OF DECORUM, RESOLUTION NO. 4545
 At this time, members of the public may only comment on an item appearing on the Closed Session agenda. Please adhere to the following when addressing the Council:
o Comments will be limited to 3 minutes or less.
o Comments should be directed to the Council as a whole and not directed to individual Council Members.
o Please follow the adopted rules of decorum: Resolution No. 4545.

5. DISCUSSION ITEMS

5.A THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to Section 54957
Consultation with: Chief of Police and IT Manager

5.B CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

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

5.C CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 228 E. Florida Avenue
Agency Negotiator: Mark Prestwich, City Manager or Designee Under negotiation: Price and Terms

5.D CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 400 E. Florida Avenue
Agency Negotiator: Mark Prestwich, City Manager or Designee Under negotiation: Price and Terms

5.E CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 3850 W. Florida Avenue
Agency Negotiator: Mark Prestwich, City Manager or Designee Under negotiation: Price and Terms

6. ADJOURNMENT OF CLOSED SESSION

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

8. CALL TO ORDER

9. ROLL CALL

10. INVOCATION

11. PLEDGE OF ALLEGIANCE

12. CITY ATTORNEY CLOSED SESSION REPORT

12.A City Attorney’s Report regarding Closed Session
Recommendation: Information Only

13. COMMUNICATIONS FROM THE PUBLIC
Welcome to a meeting of the Mayor and City Council of the City of Hemet  Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip and turn it in to the City Clerk. Each request will cover one speaker.  There is a 3-minute-per-person time limit for all general public comments on non-public hearing items.  All who wish to speak, including Council members and staff, need to be recognized by the Mayor before speaking.
 Members of the public shall comply with the adopted Rules of Decorum, Resolution No. 4545. A copy of which can be requested through the City Clerk’s Office.
 You may also fill out a form and submit your comments online at www.hemetca.gov and it will be read aloud.

Submittal must be done before 2:00 p.m. the day of the meeting.  Please state your name and item you are commenting on before speaking.

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

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

14. PRESENTATIONS

14.A Proclamation for Breast Cancer Awareness Month
Proclamation - Breast Cancer Awareness Month
13 14.B Proclamation for Fire Prevention Week
Proclamation - Fire Prevention Week
15 14.C Proclamation for Red Ribbon Week
Proclamation - Red Ribbon Week
17 15. PUBLIC HEARING
 The City Council’s Procedures for Public Hearing will be as follows:
o Staff will provide a report and clarification of items presented.

o The public hearing will be opened for comments for those IN FAVOR of or IN OPPOSITION to the item: followed by rebuttal to any comments made. o The Public Hearing will be closed, and the City Manager may respond to any questions raised by the public (the public will not have an opportunity to respond.). o Discussion will be brought back to the City Council for direction or action.

15.A Public Hearing to Consider Calling a Special Election; Declaring the Results of the Election; and Approving Formation and Levy of Special Taxes for City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance); Designate Future Annexation Area and to Authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) Generally Located: Zone 1 North of Stetson Avenue and East of Gilbert Street; Zone 2: South of Florida Avenue, East of Juanita Street, West of Buena Vista Street and North of Kimball Avenue
Staff Report #24-354 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

1. Open the Public Hearing and take testimony, if any; and,

2. Adopt a Resolution of Formation of the City Council of the City of Hemet, California, to establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance), to establish an appropriations limit therefor, to authorize the submittal of the levy of special taxes, and to submit the establishment of an appropriations limit, to the qualified electors of such Community Facilities District; and,

3. Adopt a Resolution of the City Council of the City of Hemet, California, calling a special election and submitting to the qualified electors of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) propositions regarding the establishment of an appropriations limit and the annual levy of a special tax within the Community Facilities District; and

4. Adopt a Resolution of the City Council of the City of Hemet, California, declaring the results of a special election in City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) and directing the recording of a notice of special tax lien; and

5. Waive full reading, read by title only, and introduce an Ordinance entitled, An Ordinance of the City Council of the City of Hemet, California, acting in its capacity as the legislative body of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) authorizing the levy of a special tax therein. 19 - 86

16. RECEIVE AND FILE

16.A City of Hemet Budget Adjustments Dated August 31, 2024 Staff Report #24-346 - Pdf
87 - 91

Recommendation:

It is respectfully recommended that the City Council:

Receive and file the City of Hemet Budget Adjustments Dated August 31, 2024.

17. CONSENT CALENDAR
All Consent Calendar items will be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member for separate consideration.

17.A Approval of the City Council Regular Meeting Minutes of October 8, 2024
Staff Report #24-371 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Approve the City Council Regular Meeting Minutes of October 8, 2024. 93 - 100

17.B Second Reading and Adoption of an Ordinance 2045 Of The City Council Of The City Of Hemet, California, Adding Sections 53-10 To The Hemet Municipal Code Prohibiting Government-Sponsored
Unsanctioned Transport Of Homeless Persons
Staff Report #24-384 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Waive Further Reading and Adopt an Ordinance 2045 Of The City Council Of The City Of Hemet, California, Adding Sections 53-10 To The Hemet Municipal Code Prohibiting Government-Sponsored
Unsanctioned Transport Of Homeless Persons.
101 - 106

17.C A Resolution of the City Council of the City of Hemet, California, Accepting the 2024-25 Literacy Grant of $25,000 for Adult Literacy Provided by the California State Library Literacy Services for the Hemet Public Library and Authorize the Administrative Services Director to Increase General Fund Estimated Revenues by $5,000
Staff Report #24-327 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accept the 2024-25 Literacy Grant of $25,000 for Adult Literacy Provided by the California State Library Literacy Services to the Hemet Public Library and Authorize the Administrative Services Director to Increase General Fund Estimated Revenues by $5,000.
107 - 192

17.D A Resolution of the City Council of the City of Hemet, California, 193 - 313

Accepting Public Improvements Associated with Citrus Pointe Tracts 25168-1, 31620-1, and 31620, Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bond Amounts to 25%, to Accept Offsite Public Improvements Upon Satisfactory Completion and at that Time Reduce the Separate Offsite Public Improvement Bond to 25% and Subsequently Release the Bonds in Accordance with the Provisions of the Subdivision Improvement Agreement (Generally Located Immediately East of Lake Street and North of Florida Ave) Staff Report #23-433 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accepting Public Improvements Associated with Citrus Pointe Tracts 25168-1, 31620-1, and 31620, Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bond Amounts to 25%, to Accept Offsite Public Improvements Upon Satisfactory Completion and at that Time Reduce the Separate Offsite Public Improvement Bond to 25% and Subsequently Release the Bonds in Accordance with the Provisions of the Subdivision Improvement Agreement (Generally Located Immediately East of Lake Street and North of Florida Ave).

17.E A Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of Field Lighting at Brubaker Park (CIP 5740) From Musco Sports Lighting, LLC in the Amount of $625,015 Utilizing the Sourcewell Contract #041123- MSL and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize a 10% Contingency in the Amount of $62,502
Staff Report #24-353 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding an Agreement for the Purchase and Installation of Field Lighting at Brubaker Park (CIP 5740) From Musco Sports Lighting, LLC in the Amount of $625,015 Utilizing the Sourcewell Contract #041123- MSL and Authorizing the City Manager to Execute All Documents Related to the Agreement and Authorize a 10% Contingency in the Amount of $62,502.
315 - 421

17.F Requesting Approval to Etch the Names of Richard Alvarez and Louis Morales on the Hemet Veterans Memorial at Gibbel Park
Staff Report #24-385 - Pdf
Recommendation:

It is respectfully recommended that the City Council:
423 - 424

Pass a Motion approving the request to add the names of Richard Alvarez and Louis Morales on the Veterans Memorial Wall at Gibbel Park.

17.G Consideration of City of Hemet Permitting Fee Waiver, Road Closure, and Use of Staff Overtime for the Turkey Giveaway Event in Partnership with Assembly member Dr. Corey A. Jackson, Supervisor Yxstian Gutierrez and Black Voices of the Valley on November 23, 2024 Staff Report #24-376 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Authorize the waiver of the City of Hemet, California, permitting fees of $1,660.66, for the Road Closure on Harvard Street, and use of Staff Overtime for the Turkey Giveaway Event on November 23, 2024. 425 - 442

17.H A Resolution of the City Council of the City of Hemet, California, Renewing a Three-Year Small Government Enterprise License Agreement (SGEA) with Environmental Systems Research Institute, Inc. (ESRI) in the Amount of $187,200; authorize the Administrative Services Director to record a Supplemental Appropriation in the amount of $2,400.00; and Authorize the City Manager to Execute the Agreement, Annual Purchase Orders, and all Other Supporting Documents Related to the Agreement
Staff Report #24-355 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, renewing a three-year Small Government Enterprise License Agreement (SGEA) with Environmental Systems Research Institute, Inc. (ESRI) in the amount of $187,200; authorize the Administrative Services Director to record a Supplemental Appropriation in the amount of $2,400.00; and authorize the City Manager to execute the Agreement, annual purchase orders, and all other supporting documents related to the Agreement. 443 - 460

17.I A Resolution of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement, Improvement Security, and Final Parcel Map 36566, Located North of Kimball Avenue between Buena Vista Street and Juanita Street
Staff Report #24-349 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Approving a Subdivision Improvement Agreement, Improvement Security, and Final Parcel Map 36566, Located North of Kimball Avenue 461 - 516

between Buena Vista Street and Juanita Street.

17.J A Resolution of the City Council of the City of Hemet, California, Approving a Three-Year Arctic Wolf managed detection and response (MDR) services agreement via the OMNIA Partners purchasing alliance with SHI International Corp in the Amount of $322,215.25; authorize the Administrative Services Director to record a Supplemental Appropriation in the amount of $46,133.98; and authorize the City Manager to execute the Agreement, Purchase Orders, Annual Invoices, and all Other Supporting Documents Related to the Agreement
Staff Report #24-358 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Approve a Three-Year Arctic Wolf managed detection and response (MDR) services agreement via the OMNIA Partners purchasing alliance with SHI International Corp in the Amount of $322,215.25; authorize the Administrative Services Director to record a Supplemental Appropriation in the amount of $46,133.98; and authorize the City Manager to execute the Agreement, Purchase Orders, Annual Invoices, and all Other Supporting Documents Related to the Agreement.
517 - 543

18. DISCUSSION - ACTION ITEMS

18.A A Resolution of the City Council of the City of Hemet, California, Awarding Vance Corporation the Citywide Pavement Rehabilitation Project, CIP 5749, in the Amount of $6,639,952.09, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $663,995; Approving Materials Testing in the Amount of $30,000; Authorize the Administrative Services Director to Appropriate an Additional $2,428,947 of Fund 221 Highway Users Tax Account (HUTA) to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer Staff Report #24-369 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding Vance Corporation the Citywide Pavement Rehabilitation Project, CIP 5749, in the Amount of $6,639,952, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or Approximately $663,995; Approving Materials Testing in the Amount of $30,000; Authorize the Administrative Services Director to Appropriate an Additional $2,428,947 of Fund 221 Highway Users Tax Account (HUTA) to Fund the Total 545 - 828

Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

18.B Receive a Report and Receive Feedback on the Submittal of a Prohousing Designation Application to the California Department of Housing and Community Development (HCD) and Authorize
Preparation of a Prohousing Designation Program Application Staff Report #24-372 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive a report and receive feedback on the submittal of a Prohousing Designation Application to the California Department of Housing and Community Development (HCD) and authorize preparation of a Prohousing Designation Program for Council approval at a future scheduled meeting.
829 - 865

18.C Quarter One Update on Progress of Fiscal Year 2024-25 Strategic Plan Action Item Tasks
Staff Report #24-386 - Pdf
Recommendation:

It is respectfully recommended that the City Council:

Receive and file Quarter One Update on progress associated with City Council Fiscal Year 2024-25 Strategic Plan Action Item tasks. 867 - 875

19. CITY COUNCIL AND STAFF REPORTS

COUNCIL MEMBER KRUPA

1. Hemet Housing Authority

2. Hemet Public Library Board of Trustees

3. Riverside County Airport Land Use Commission *

4. League of California Cities

5. Riverside County Transportation Commission *

6. Riverside Transit Agency

7. Western Riverside County Conservation Authority *

8. Hemet San Jacinto Water Master Board *

9. Council Protocols Ad-Hoc Committee

10.Cal Trans Liaison Ad-Hoc Committee

11.Banner Program Ad-Hoc Committee

12.Arts & Culture Ad-Hoc Committee

13.CDBG Ad-Hoc Committee

14.Southern California Association of Governments

COUNCIL MEMBER KENDRICK

1. Investment Oversight Committee

2. Planning Commission

3. Riverside County Habitat Conservation Agency

4. Western Riverside County Conservation Authority *

5. League of California Cities

6. Strategic Plan Update Ad-Hoc Committee

7. Hemet Community Land Trust

COUNCIL MEMBER LILIENTHAL

1. Hemet Housing Authority

2. Skate Park Committee

3. Community Action Commission of Riverside County

4. Riverside County Transportation Commission

5. Riverside Transit Agency *

6. Western Riverside Council of Governments

7. League of California Cities

8. Clean up/Graffiti Ad-Hoc Committee

9. Strategic Plan Update Ad-Hoc Committee

10.Arts & Culture Ad-Hoc Committee

MAYOR PRO TEM PETERSON

1. Investment Oversight Committee

2. Riverside County Habitat Conservation Agency

3. Ramona Bowl Board of Directors

4. Hemet San Jacinto Water Master Board *

5. League of California Cities

6. Western Riverside Council of Governments *

7. Council Protocols Ad-Hoc Committee

8. Homeless Outreach Ad-Hoc Committee

9. Business Outreach Ad-Hoc Committee

10.Cal Trans Liaison Ad-Hoc Committee

11.Veterans Memorial Ad-Hoc Committee

12.CDBG Ad-Hoc Committee

MAYOR MALES

1. Skate Park Committee

2. League of California Cities

3. Planning Commission

4. Clean up/Graffiti Ad-Hoc Committee

5. Homeless Outreach Ad-Hoc Committee

6. Business Outreach Ad-Hoc Committee

7. Banner Program Ad-Hoc Committee

8. Veterans Memorial Ad-Hoc Committee

9. Hemet Community Land Trust

CITY MANAGER MARK PRESTWICH

20. ADJOURNMENT

AFFIDAVIT OF POSTING
I, John Paul Maier, MMC, City Clerk for the City of Hemet, declare under penalty of perjury that the foregoing agenda was posted at City Hall located at 445 E. Florida Ave., the Council Chamber located at 450 E. Latham Ave., Hemet, CA, and the City Website.

Date & Time: October 16, 2024, at 6:00 p.m.

Meeting Schedule: The City Council of the City of Hemet regularly meets on the second and fourth Tuesdays of each month at 7:00 p.m., unless otherwise noted. Closed and Special Sessions will be duly noticed as needed.

Council Agendas: Agendas for Regular Meetings are available for public review on the City’s website at hemetca.gov and in the City Clerk’s Office, 445 E. Florida Ave. typically by 4:00 p.m. on the Thursday prior to the meeting, but no later than 72 hours prior to the meeting. Agendas for Closed and Special Sessions are made available at least 72 hours prior to the meeting when possible, but no later than 24 hours prior to the meeting.

Livestream: Regular City Council Meetings are available for viewing during the meeting at hemetca.gov.

Use of Equipment: Please contact the City Clerk’s Office if requesting to use the chamber equipment as part of a scheduled presentation 24 hours prior to the meeting at (951) 765-2307

PRESENTED OCTOBER 22, 2024
Joe Males, Mayor
Jackie Peterson, Mayor Pro
Tem
Malcolm Lilienthal, Council
Member
Linda Krupa, Council Member
Carole Kendrick, Council
Member
WHEREAS, October is Breast Cancer Awareness Month, is a worldwide annual campaign that started in 1985 to increase awareness of the disease and to raise funds for research into its cause, prevention, diagnosis, treatment, and cure; and
WHEREAS, breast cancer is the most common cancer and the second leading cause of cancer death, after lung cancer, in women in the United States. The chance of a woman having invasive breast cancer sometime during her life is about 1 in 8; and WHEREAS, the American Cancer Society uses this opportunity to honor its commitment to raise awareness of breast cancer by hosting interactive, educational activities and reminding women 45 and older to receive yearly mammograms, the single most effective screening tool to find breast cancer early. Since 1990, early detection and effective treatment have resulted in a 34 percent decline in breast cancer mortality in the U.S.; and WHEREAS, the American Cancer Society sponsors the Making Strides Against Breast Cancer walk, a powerful and inspiring opportunity to unite as a community to remember those lost to breast cancer, honor breast cancer survivors, and raise awareness about steps we can take to reduce the risk of getting breast cancer and raise money to fund groundbreaking breast cancer research, information and 24-7 support; and
WHEREAS, National Breast Cancer Awareness Month encourages everyone to make healthy lifestyle choices such as eating the choices of a healthy lifestyle such as eating a healthy diet, getting regular physical activity, and reducing the consumption of alcohol. These choices can help reduce their breast cancer risk.

NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council, do hereby proclaim the month of October 2024 as:

Breast Cancer Awareness Month
And urge all citizens to take part in activities and observances designed to increase awareness and understanding of breast cancer, its human impact, and the work of the American Cancer Society.

City of Hemet
California Proclamation
Breast Cancer Awareness Month

14.A

PRESENTED OCTOBER 22, 2024
Joe Males, Mayor
Jackie Peterson, Mayor Pro
Tem
Malcolm Lilienthal, Council
Member
Linda Krupa, Council Member
Carole Kendrick, Council
Member
WHEREAS, the City of Hemet is committed to ensuring the safety and security of all those living in and visiting our city; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and homes are the locations where people are at greatest risk from fire; and WHEREAS, home fires killed more than 2,800 people in the United States in 2021, according to the National Fire Protection Association, and fire departments in the United States responded to 338,000 home fires; and
WHEREAS, cooking is the leading cause of home fires in the United States, and fire departments responded to more than 166,400 annually between 2016 and 2020. Two of every five home fires start in the kitchen, with 31% of these fires resulting from unattended cooking; and
WHEREAS, Hemet residents should be sure everyone in the home understands the sounds of the alarms and knows how to respond by planning and practicing a home fire escape plan are more prepared and will therefore be more likely to survive a fire; and WHEREAS, the NFPA announced the theme: “Cooking safety starts with YOU! Pay attention to fire prevention”. First responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention and protection education.

NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council, do hereby proclaim, the week of October 8 through October 14, 2024, as:

Fire Prevention Week
And urge all the citizens of the City of Hemet to heed the critical safety messages and to support the public safety activities of the community’s fire and emergency services.

City of Hemet
California Proclamation
Fire Prevention Week

14.B

PRESENTED OCTOBER 22, 2024
Joe Males, Mayor
Jackie Peterson, Mayor Pro
Tem
Malcolm Lilienthal, Council
Member
Linda Krupa, Council Member
Carole Kendrick, Council
Member
WHEREAS, The social consequences of drug and alcohol abuse affect every sector of society, including children. It is imperative that visible, unified efforts by community members be launched to prevent drug abuse; and
WHEREAS, Red Ribbon Week is a time when communities begin campaigns to empower their citizens to fight alcohol and drug abuse in their homes; and WHEREAS, Businesses, government, law enforcement, media, healthcare providers, religious institutions, schools, and other community-based organizations will demonstrate their commitment to healthy, drug-flee lifestyles by wearing red ribbons and participating in drug prevention activities; and
WHEREAS, The 2024 Red Ribbon Campaign will commence on October 23 - October 31, 2024, using the 2024 Red Ribbon Campaign Theme, “Life is A Movie, Film Drug-Free,” as a reminder that everyday citizens make significant daily contributions to their communities by being the best they can be because they live Drug-Free; and
WHEREAS, Red Ribbon Week offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, During Red Ribbon Week, the City of Hemet is proud to recognize the Red Ribbon Campaign, which has received national recognition as one of the most visible and effective drug awareness programs.

NOW, THEREFORE, I, Joe Males, Mayor of the City of Hemet, along with the Hemet City Council, do hereby proclaim the week of October 23 through October 31, 2024 as:

Red Ribbon Week
And encourage citizens to participate in drug prevention education activities during Red Ribbon Week and all year, making a visible statement that we are firmly committed to a drug-free City of Hemet.

City of Hemet
California Proclamation
Red Ribbon Week

14.C

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 22 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing TITLE:

Public Hearing to Consider Calling a Special Election; Declaring the Results of the Election; and Approving Formation and Levy of Special Taxes for City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance); Designate Future Annexation Area and to Authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) Generally Located: Zone 1 North of Stetson Avenue and East of Gilbert Street; Zone 2:

South of Florida Avenue, East of Juanita Street, West of Buena Vista Street and North of Kimball Avenue
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Open the Public Hearing and take testimony, if any; and,

2. Adopt a Resolution of Formation of the City Council of the City of Hemet, California, to establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance), to establish an appropriations limit therefor, to authorize the submittal of the levy of special taxes, and to submit the establishment of an appropriations limit, to the qualified electors of such Community Facilities District; and,

3. Adopt a Resolution of the City Council of the City of Hemet, California, calling a special election and submitting to the qualified electors of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) propositions regarding the establishment of an appropriations limit and the annual levy of a special tax within the Community Facilities District; and

4. Adopt a Resolution of the City Council of the City of Hemet, California, declaring the results of a special election in City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) and directing the recording of a notice of special tax lien; and

5. Waive full reading, read by title only, and introduce an Ordinance entitled, An Ordinance of the City Council of the City of Hemet, California, acting in its capacity as the legislative body of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) authorizing the levy of a special tax therein.

BACKGROUND:

15.A

On September 10, 2024 the City Council took the first step in the process of forming Community Facilities District (CFD) 2024-01 (Public Facilities Maintenance) (“CFD No. 2024-01”). At that time the City Council adopted a Resolution of Intention, Resolution No. 2024-169, to form CFD No. 2024-01 and to authorize the levy of a special tax. At that meeting the City Council set October 22, 2024 as the date for this public hearing.

The State Legislature enacted the Mello-Roos Act of 1982 (the “Act”) to assist public agencies in financing certain public services. The owners/developers, GTY Auto Service (dba Sunny Express Carwash) and General Telephone Company of California (dba Frontier California, Inc), requested that the City assist them in forming a district in order to cover the costs associated with the maintenance of public improvements within the proposed project area which is projected to include Zone 1: 1 carwash and Zone 2: 2 commercial buildings at buildout. The CFD was formed in order to fund the ongoing maintenance of the following:
 Lighting: Maintenance of street lights and other lighting of parks, parkways, streets, roads and open space include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards.  Streets and Roadways: Maintenance of streets and roadways including slurry seal, asphalt overly, and other similar maintenance.
 Landscaping and Irrigation: Maintenance of landscape vegetation situated on or adjacent to parks, parkways, streets, roads, and open space, including maintenance and repair of irrigation facilities.
 Public Signage: Maintenance of public signage.
 Graffiti Removal: Graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space.
 Park Facilities: Maintenance and repair of playground or recreation program equipment or facilities situated on any park.
 Water Quality, Drainage, and Flood Control Facilities: Maintenance and operation of water quality improvements such as storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, fossil fuel filters, infiltration basins, flood control channels, and similar facilities.
 Public Street Sweeping: Public street sweeping on the segments of the arterials within the boundaries of CFD 2024-01, as well as local roads within residential subdivisions located within CFD 2024-01; and any portions adjacent to the properties within CFD 2024-01.  All other related services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement; and  Levy and collect the special tax to fund these services.

CFD No. 2024-01 also designated a Future Annexation Area to allow future developments to be annexed into the CFD, with the unanimous vote of 100% of the property owners, with only a single City Council meeting action. This will expedite and lower the cost of future annexations.

ANALYSIS:

Special Tax Zone 1 (PM 14318) will have a Maximum Special Tax of $2,493.00 per acre for NonResidential property. Special Tax Zone 2 (PM 36566) will have a Maximum Special Tax of $823.00 per acre for Non-Residential property. The Maximum Special Tax rates shall increase annually based on the percentage increase in the Consumer Price Index each March, with a maximum annual increase of 6% and a minimum annual increase of 2%.

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PREVIOUS COUNCIL ACTION:
 On August 23, 2005, the City Council considered and approved goals and policies concerning Community Facility Districts.
 On September 10, 2024, the City Council adopted Resolution 2024-169, Resolution of Intention (ROI) to establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance)
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.

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

Objective 1: Operate in a financially sustainable manner.

FISCAL IMPACT:

The property owners have filed a petition representing their willingness to move forward and have submitted a deposit to pay for City costs incurred in connection with the formation of the District. After the district is formed, a special tax lien will be recorded on the property within the District and the individual property owners shall be responsible for the annual payments of special taxes. The City will file the annual special tax to be collected with the County Auditor-Controller for placement on the property tax bills.

The City’s annual cost to administer CFD No. 2024-01 will be reimbursed through the special taxes charged to property owners. The revenue from the annual special tax will be deposited into a fund for CFD No. 2024-01 and will be used to pay said administrative expenses and for the maintenance services listed above.

No parcels in the District will be taxed for fiscal year 2024-2025; therefore, it is expected both the revenue and expenses will be part of the City’s FY 2025-2026 Adopted Budget. There is no anticipated impact to the General Fund in FY 2024-25. Approval of the actions set forth in this staff report do not in any way commit the City to any financial contribution or liability by CFD No. 2024-01.

ALTERNATIVE(S):

1. Do not adopt the Resolution of Formation (ROF) or other resolutions associated with this Public Hearing for City of Hemet Community Facilities District No. 2024-01.

2. Provide alternate direction to the City Manager.

REVIEWED BY LEGAL:
☒ Staff report ☒ Resolution

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☒ Ordinance ☐ Agreement
ATTACHMENT(S):

Attachment 1 - CFD 2024-01 ROF_Harris R1nr
Attachment 2 - Hemet CFD REPORT CFD 2024-01 Public Facilities Maintenance Attachment 3 - CFD 2024-01 Public Facilities Maintenance_CallElection_R1 nr Attachment 4 - CFD 2024-01 Resolution Decaring Election_r1 nr Attachment 5 - CFD 2024-01 Ordinance_R1 nr

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF FORMATION OF THE CITY COUNCIL

OF THE CITY OF HEMET, CALIFORNIA, TO ESTABLISH
CITY OF HEMET COMMUNITY FACILITIES DISTRICT NO.
2024-01 (PUBLIC FACILITIES MAINTENANCE), TO

ESTABLISH AN APPROPRIATIONS LIMIT THEREFOR,

TO AUTHORIZE THE SUBMITTAL OF THE LEVY OF

SPECIAL TAXES, AND TO SUBMIT THE

ESTABLISHMENT OF AN APPROPRIATIONS LIMIT, TO

THE QUALIFIED ELECTORS OF SUCH COMMUNITY

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

WHEREAS, on September 10, 2024, the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) and to authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance)” (the “Resolution of Intention”), stating its intention to form Community Facilities District No. 2024-01 (Public Facilities Maintenance) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services to serve the CFD (the “Services”); and
WHEREAS, the Resolutions of Intention, setting forth a description of the proposed boundaries of the CFD, Services to be financed by the CFD, including

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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incidental expenses, and the rate and method of apportionment (the “Rate and Method”) of the special tax (the “Special Tax”) to be levied within the CFD to pay for the Services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, the Resolutions of Intention set October 22, 2024 at 7:00 p.m., or as soon thereafter as practicable, as the date for a public hearing on the establishment of the CFD, the extent of the CFD, the furnishing of the Services within the CFD, and the proposed Rate and Method; and
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act and the Resolutions of Intention relative to the proposed formation of the CFD; and
WHEREAS, at the hearing all interested persons desiring to be heard for or against the establishment of the CFD, the extent of the CFD, the furnishing of the Services and the Rate and Method were heard and a full and fair hearing was held; and WHEREAS, at the hearing evidence was presented to this Council on such matters before it, including a special report (the “CFD Report”) as to the Services to be provided through the CFD and the costs thereof, a copy of which is on file with the City Clerk, and this Council, at the conclusion of said hearing, is fully advised in the premises; and
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of specified types of services and the Rate and Method have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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the territory of the CFD or property owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the proposed special taxes; and WHEREAS, the Special Tax proposed to be levied in the CFD to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the CFD or the owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the special taxes; and
WHEREAS, City Staff reviewed the proposed CFD formation and determined that forming the CFD and financing the Services, as described in Section 7 of this Resolution, does not constitute a project for purposes of the California Environmental Quality Act, commencing with Section 21000 of the California Public Resources Code and the California Environmental Quality Act Guidelines, Article 5 of Chapter 3 of Division 6 of Title 14 of the California Code of Regulations, (collectively “CEQA”).

CEQA Guidelines Section 15378 specifically state that the term “project” for CEQA purposes does not include “continuing administrative or maintenance activities” or “the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.” (CEQA Guidelines §§ 15378 (b)(2) and (b)(4).); and
WHEREAS, the CFD is intended to fund lighting and landscaping of parks, parkways, streets, roads and open space; street maintenance; park facilities maintenance; water quality, drainage and flood control facilities maintenance; public signage maintenance; street sweeping; graffiti removal from public structures situated

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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on parks, parkways, streets, roads and open space and all other related services necessary or useful for, or in connection with, the foregoing services, including building a reserve fund for replacement, and incidental expenses thereto. Further, establishment of a revenue stream to fund ongoing services does not involve commitment to any specific project that would have a potentially significant impact on the environment because the funds would not be used to construct new or expand existing facilities; and
WHEREAS, in addition to the foregoing, because the project is a financing mechanism to fund ongoing administrative and maintenance operations, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore is exempt from CEQA’s provisions. (CEQA Guidelines §15061(b)(3).)

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

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

SECTION 2. PUBLIC HEARING - On October 22, 2024, pursuant to notice thereof duly given as provided by law, the City Council held a public hearing with respect to the establishment of the CFD and the annual levying of the Special Tax within the CFD to pay for the Services.

SECTION 3. NO MAJORITY PROTEST - The proposed Special Tax to be levied within the CFD has not been precluded by majority protest pursuant to section 53324 of the Act.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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SECTION 4. PRIOR PROCEEDINGS VALID - All prior proceedings taken by this City Council in connection with the establishment of the CFD and the levy of the Special Tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.

SECTION 5. NAME OF THE DISTRICT - The community facilities district designated “City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance)” of the City is hereby established pursuant to the Act.

SECTION 6. BOUNDARIES OF THE DISTRICT - The Resolutions of Intention provide the boundaries of the territory proposed for inclusion in the CFD, including a Future Annexation Area, as set forth in the maps of the CFD heretofore recorded in the Riverside County Recorder’s Office as follows:
• Zone 1: Book 94 of Maps of Assessment and Community Facilities Districts at Page 12 on September 13, 2024. Document No. 2024- 0277132.
• Zone 2: Book 94 of Maps of Assessment and Community Facilities Districts at Page 11 on September 13, 2024. Document No. 2024- 0277131.
• Future Annexation Area: Book 94 of Maps of Assessment and Community Facilities Districts at Page 13 on September 13, 2024.

Document No. 2024-0277133.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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SECTION 7. DESCRIPTION OF SERVICES - The Services proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit “A” hereto and by this reference incorporated herein.

SECTION 8. SPECIAL TAX –
a. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a Special Tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Council.
b. The proposed Rate and Method, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, is shown in Exhibit “B” attached hereto and hereby incorporated herein.

SECTION 9. REPORT - The CFD Report is hereby approved and is made a part of the record of the public hearing regarding the formation of the CFD and is ordered to be kept on file with the City Clerk as part of the transcript of these proceedings.

SECTION 10. RESPONSIBLE OFFICIAL - The Administrative Services Director of the City of Hemet, located at City Hall, 445 East Florida Avenue, Hemet, CA 92543, telephone number (951) 765-2300, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 7
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SECTION 11. TAX LIEN - Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the CFD ceases.

SECTION 12. DESCRIPTION OF VOTING PROCEDURES - The voting procedures to be followed in conducting the special election (the “Special Election”) on the proposition of the annual levy of the Special Tax and on the proposition to establish an appropriations limit for the CFD, if the CFD is established, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the public or protest hearing (the “protest hearing”), the vote in the Special Election shall be by the registered voters of the CFD with each voter having one vote. In that event, the Special Election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the Act and pursuant to the provisions of the California Elections Code governing elections of cities, insofar as they may be applicable, and pursuant to said Section 53326 the ballots for the Special Election shall be distributed to the qualified electors of the CFD by mail with return postage prepaid or by personal service, and the Special Election shall be conducted as a mail ballot election.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 8
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b. If 12 persons have not been registered to vote within the territory of the CFD for each of the 90 days preceding the close of the protest hearing, the vote in the Special Election is to be by the landowners of the CFD, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns within the CFD and the Special Election shall be conducted by the City Clerk pursuant Section 53326 of the Act as follows:
i) The Special Election shall be held on the earliest date, following the adoption by the City Council of this Resolution and a resolution calling the Special Election, to submit to the qualified electors of the CFD the propositions with respect to: (i) the levy of Special Tax to finance the Services and (ii) the establishment of an appropriations limit for the CFD.
(ii) Pursuant to said Section 53326, the Special Election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the CFD waive the time limits for conducting the elections set forth in said Section 53326 by unanimous written consent and the Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, ballots for the Special Election shall be distributed to the qualified electors by the Clerk by mail with return postage prepaid, or by personal service.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 9
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(iv) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, the City Clerk shall mail (or deliver) to each qualified elector an official ballot and shall also mail to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this Resolution and the exhibits hereto; provided, however, that analysis and arguments regarding the ballot measure may be waived with the unanimous consent of all the landowners, and in such event a finding regarding such waivers shall be made in the resolution adopted by the City Council calling the Special Election.
(v) The official ballot to be mailed (or delivered) by the Clerk to each landowner shall have printed or typed thereon the name of the landowner and the number of votes to be voted by the landowner and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner is other than a natural person, that he or she is an officer of or other person affiliated with the landowner entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner, that in voting such official ballot it was his or her intent, as well as the intent of the

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CITY OF HEMET RESOLUTION NO. 2024-XXX 10
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landowner, to vote all votes to which the landowner is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner's land ownership within the CFD.
(vi) The return identification envelope delivered by the Clerk to each landowner shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the Clerk.
(vii) The instruction to voter form to be mailed by the Clerk to the landowners shall inform them that the official ballots shall be returned to the Clerk properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted no later than 7:00 p.m. on the date of the Special Election, or immediately after the Resolution Calling the Special Election is adopted.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 11
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(viii) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the Special Election, the Clerk shall canvass the votes cast in the Special Election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot.

SECTION 13. EXEMPT PROPERTY - Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

SECTION 14. APPROPRIATIONS LIMIT - An appropriations limit for the CFD is hereby established, subject to voter approval, as an amount equal to 300 percent of all the proceeds of the Special Tax collected annually within such CFD and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population.

SECTION 15. SPECIAL TAX ACCOUNTABILITY MEASURES - Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the City Council hereby establishes the following accountability measures pertaining to the levy by the CFD of the Special Tax described in Section 8 above:
a. The Special Tax shall be levied for the specific purposes set forth in Section 7 hereof.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 12
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b. The proceeds of the levy of the Special Tax shall be applied only to the specific purposes set forth in Section 7 hereof.
c. The CFD shall establish an account or accounts into which the proceeds of such Special Tax shall be deposited.
d. The City Manager, or his or her designee, acting for and on behalf of the CFD, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3.

SECTION 16. CEQA - The City Council hereby finds that the CFD formation involves creation of a funding mechanism for certain ongoing service and maintenance activities that do not have any potential for significantly impacting the environment.

Further, the City Council hereby finds that it can be seen with certainty that the proposed financing mechanism and services funded thereby have no possibility of resulting in a significant effect on the environment. Therefore, the City Council, in its independent judgment, finds that the project is exempt from CEQA, and hereby directs City Staff to prepare and file a Notice of Exemption with the County Clerk within five days of adoption of this Resolution pursuant to Section 21152 of the California Public Resources Code and Section 15062 of the CEQA Guidelines.

SECTION 17. EFFECTIVE DATE - This Resolution shall become effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 22nd day of October, 2024.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 13
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____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 14
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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 22nd day of October, 2024, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

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EXHIBIT A

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)

DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2024-01 (Public Facilities Maintenance) (“CFD 2024-01”), as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing facilities (may include reserves for replacement) in public street rightof-way, public lighting, public landscaping, public open spaces and other similar areas officially dedicated for public use. These services including the following:
a) Maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance of streets and roadways including slurry seal, asphalt overly and other similar maintenance; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
b) Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, fossil fuel filters, infiltration basins, flood control channels and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the

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removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements and flood control channel improvements; and
c) Public street sweeping, on the segments of the arterials within the boundaries of CFD 2024-01; as well as local roads within residential subdivisions located within CFD 2024-01; and any portions adjacent to the properties within CFD 2024-01; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

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EXHIBIT B

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)

RATE AND METHOD OF APPORTIONMENT
[please see attached]

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CFD Report
City of Hemet
Community Facilities District 2024-01
(Public Facilities Maintenance)
September 2024
Prepared for:

City of Hemet
445 E Florida Avenue
Hemet, CA 92543
Prepared by:
41593 Winchester Rd, Suite 200
Temecula, California 92590
(949) 655-3900

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1 TABLE OF CONTENTS
COMMUNITY FACILITIES DISTRICT 2024-01 (PUBLIC FACILITIES

MAINTENANCE)
Section A – Introduction Page 2
Section B – Description of Services Page 2
Section C – Cost Estimate Page 5
Section D – Rate and Method of Apportionment of Special Tax Page 7 Section E – Proposed Boundaries Page 9

APPENDIX
Rate and Method of Apportionment A
Boundary Map B

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2 Agency: City of Hemet
Project: City of Hemet
Community Facilities District No. 2024-01 (Public Facilities Maintenance) County of Riverside, State of California
Community Facilities District Report
“Mello-Roos Community Facilities Act of 1982”
A. Introduction
Whereas, the City Council of the City of Hemet, County of Riverside, State Of California (Council), did, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Division 2 of Title 5 of the California Government Code (Act), on September 10, 2024, adopt Resolution No. 2024-169 (Resolution) expressly ordering the preparation and filing of a written Report for a proposed Community Facilities District (Report).

This Community Facilities District shall be referred to as City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) (CFD) and (CFD No. 2024-01 (Public Facilities Maintenance)); and,
Whereas, The Resolution ordering said Report, did direct that the Report generally contain the following:
 A brief description of the services by type proposed to be financed by the CFD which will adequately meet the needs of the CFD; and
 An estimate of the costs of providing such services, including the incidental expenses, to be incurred in connection with the CFD;
Now, Therefore, the undersigned, authorized representative of Harris & Associates, the appointed Special Tax Consultant and responsible officer or person directed to prepare the Report, pursuant to the provisions of the Act, does hereby submit the following data.

B. Description of Services
A Community Facilities District may provide for financing of certain public services which are necessary to meet increased demands placed upon local agencies as a result of development or rehabilitation occurring with the CFD.

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3 A general description of the proposed services, pursuant to the terms stated in Exhibit “A” of the Resolution, is as follows:

Lighting
 Maintenance of street lights and other lighting of parks, parkways, streets, roads and open space include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards.

Streets and Roadways
 Maintenance of streets and roadways including slurry seal, asphalt overlay and other similar maintenance.

Landscaping and Irrigation
 Maintenance of landscape vegetation situated on or adjacent to parks, parkways, streets, roads and open space including maintenance and repair of irrigation facilities.

Public Signage
 Maintenance of public signage.

Graffiti Removal
 Graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space.

Park Facilities
 Maintenance and repair of playground or recreation program equipment or facilities situated on any park.

Water Quality, Drainage and Flood Control Facilities
 Maintenance and operation of water quality improvements such as storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, fossil fuel filters, infiltration basins, flood control channels and similar facilities.

Public Street Sweeping
 Public street sweeping, on the segments of the arterials within the boundaries of CFD 2024- 01; as well as local roads within residential subdivisions located within CFD 2024-01; and any portions adjacent to the properties within CFD 2024-01.

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4 Incidentals and Administrative Expenses
 Incidentals: All other related services necessary or useful for, or in connection with, the authorized services listed above, including building a reserve fund for replacement.

Administrative Expenses: all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out duties of the CFD as allowed by the Act.

The services listed herein are representative of the types of services authorized to be financed by Community Facilities District No. 2024-01 (Public Facilities Maintenance). Detailed scope and limits of specific projects will be determined as appropriate, consistent with the standards of the City of Hemet. Addition, deletion or modification of descriptions of the services may be made consistent with the requirements of the City Council of the City of Hemet, the Community Facilities District No. 2024-01 (Public Facilities Maintenance), and the Act.

Based upon the above, it is my opinion that the services being funded are those that are necessary to meet certain increased demands placed upon the City of Hemet, as a result of development occurring within the boundaries of the CFD.

We hereby submit the CFD Report on behalf of the City of Hemet, California.

Dated this 23rd of September 2024.

Harris & Associates
___________________________
Special Tax Consultant
CFD 2024-01 (Public Facilities Maintenance)
City of Hemet
County of Riverside
State of California

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5 C. Cost Estimate

1. The cost estimate, including incidental expenses, for Special Tax Zone 1 (PM 14318) is as follows:

Description Cost
Landscaping $1,542.41
Administration $500.00
Operating Reserve $273.75
Capital Replacement $77.12
Total Cost $2,393.28
Acres .96
Total Cost per Acre $2,493.00
The cost estimate, including incidental expenses, for Special Tax Zone 2 (PM 36566) is:

Description Cost
Landscaping $992.49
Streetlights $296.98
Administration $500.00
Operating Reserve $129.49
Capital Replacement $64.47
Total Cost $1,983.43
Acres 2.41
Total Cost per Acre $823.00
Special Tax Zone 1 (PM 14318) will have a Maximum Special Tax of $2,493.00 per acre for Non-Residential property. Special Tax Zone 2 (PM 36566) will have a Maximum Special Tax of $823.00 per acre for Non-Residential property (as defined in the Rate and Method of Apportionment attached in Appendix A). These amounts shall be increased annually based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

2. Pursuant to Section 53340 of the Act, the proceeds of any special tax levied and collected by CFD No. 2024-01 (Public Facilities Maintenance) may be used only to pay for the cost of providing services and incidental expenses. As defined by the Act, incidental expenses include, but are not limited to, the annual costs associated with determination of the amount of special taxes, collection of special taxes, payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of the community facilities district.

The incidental expenses associated with the annual administration of CFD No. 2024-01 (Public Facilities Maintenance) are initially estimated to be $9,000. This amount shall be increased based upon the percentage change in the Consumer Price Index, with a maximum annual increase of six percent (6%) and a minimum increase of two percent (2%) of the Maximum Special Tax in effect in the previous Fiscal Year.

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6 3. The cost of the services shall include incidental expenses, including costs associated with formation of the CFD, determination of the amount of the special tax, collection of the special tax, payment of the special tax, costs incurred in order to carry out the authorized purposes of the CFD, and the costs of engineering, inspecting, coordinating, completing, planning and designing the services, including the costs of environmental evaluations.

The following incidental expenses are examples of those that may be incurred in the formation of the CFD:
 Engineering services,
 Publishing, mailing and posting of notices,
 Governmental notification and filing costs,
 Election costs, and
 Charges and fees of the City of Hemet other than those waived.

The following incidental expenses are examples of those that may be incurred in each annual special tax levy:
 Necessary consultant costs,
 Costs of posting and collecting the special taxes, and  Administrative costs of the City of Hemet related to each annual special tax levy.

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7 E. Proposed Boundaries
CFD No. 2024-01 (Public Facilities Maintenance) is located in the City of Hemet and is initially proposed to be composed of two zones: Zone 1 (PM 14318) commercially zoned development known as Sunny Express Car Wash comprised of .96 acres; Zone 2 (PM 36566) commercially zoned development known as Frontier comprised of 2.41 acres. Both zones encompass Special Tax Area A. Additionally, CFD No. 2024-01 (Public Facilities Maintenance) designates the boundaries of the City of Hemet as the Future Annexation Area.

The proposed boundaries of the CFD are those properties and parcels for which special taxes may be levied to pay for the costs and expenses of the services described above. The proposed CFD boundaries as of the date of this Report include the following assessor parcel number(s):
446-290-014
443-284-026
Reduced scale maps showing the boundaries of the CFD are provided as Appendix B. Full-scale maps are on file with the City Clerk of the City of Hemet and were recorded with Riverside County Recorder’s Office as follows:

Zone 1: Book 94 of Maps of Assessment and Community Facilities Districts at Page 12 on September 13, 2024. Document No. 2024-0277132.

Zone 2: Book 94 of Maps of Assessment and Community Facilities Districts at Page 11 on September 13, 2024. Document No. 2024-0277131.

Future Annexation Area: Book 94 of Maps of Assessment and Community Facilities Districts at

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APPENDIX A

RATE AND METHOD OF APPORTIONMENT

OF SPECIAL TAXES FOR
CFD 2024-01 (PUBLIC FACILITIES MAINTENANCE)

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1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)

OF THE CITY OF HEMET, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA A Special Tax (all capitalized terms are defined in Section A., “Definitions”, below) shall be applicable to each Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2024-01 (Public Facilities Maintenance) (the CFD). The amount of Special Tax to be levied on a Parcel in each Fiscal Year, commencing in Fiscal Year 2024-2025, shall be determined by the City Council of the City of Hemet, acting in its capacity as the legislative body of the CFD by applying the appropriate Special Tax as set forth in Sections B, C and D, below. All of the real property within the CFD, unless exempted by law or by the provisions of Section F. below, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Accessory Dwelling Unit(s)” means a secondary attached or detached dwelling unit with complete independent living facilities for one or more persons. “Acre or Acreage” means the land area of a Parcel as indicated on the most recent Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area shown on the applicable Final Map, condominium plan, other recorded County map, or the land area calculated to the reasonable satisfaction of the Administrator using the boundaries set forth on such map or plan. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (Sections 53311 - 53368).
“Administrative Expenses” means all actual or reasonably estimated costs and expenses of the CFD that are chargeable or allocable to carry out duties of the CFD as allowed by the Act. This may include, without limitation, all costs and expenses arising out of or resulting from the annual levy and collection of the Special Tax (whether by the City, the Administrator or both), any litigation or appeal involving the CFD, and other administrative expenses of the City or Administrator directly related to the CFD.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure as a result of delinquent Special Taxes. “Administrator” means a person or firm designated by the CFD to administer the Special Tax.
“Approved Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the

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2 Special Tax is being levied; and (ii) that have not been issued a Building Permit prior to the April 1st preceding the Fiscal Year in which the Special Tax is being levied. “Assessor” means the Assessor of the County.
“Assessor’s Parcel(s)” or “Parcel(s)” means a lot or parcel within the CFD shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number valid as of July 1 st for the Fiscal Year for which the Special Tax is being levied. “Assessor’s Parcel Map” means an official map of the County Assessor of the County designating Parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” or “APN” means the number assigned to a lot or Parcel for purposes of identification as determined from an Assessor Parcel Map or the applicable assessment roll.
“Base Year” means the Fiscal Year ending June 30, 2024. Rates in this Rate and Method of Apportionment for the initial formation are based on FY 2024-25 costs which will be escalated beginning in FY 2025-26. Base Year for future annexations shall be the fiscal year the annexation was approved by the City Council of the City of Hemet. “Boundary Map” means a recorded map of the CFD that indicates by a boundary line the extent of the territory identified to be subject to the levy of Special Taxes, as may be amended due to future annexations of territory to the CFD. "Building Square Footage" or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐ Residential Property and any Building Square Footage subsequently added to a building of such Non‐Residential Property after issuance of a building permit for expansion or renovation of such building.
"Building Permit" means the first legal document issued by a local agency giving official permission for new construction.
“Capital Replacement” means to repair or replace improvements being maintained by the CFD.
“CFD” or “CFD 2024-01” means Community Facilities District No. 2024-01 (Public Facilities Maintenance) of the City of Hemet.
“City” means the City of Hemet, California
“Condominium Residential Property” means a Developed Parcel with an approved land use for residential condominiums (two or more attached units which can each be owned individually). Parcels that are open space, recreation, clubhouse, etc., owned by a condominium association, homeowner’s association or property owner’s association, are Exempt Property.

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3 “Consumer Price Index” or “CPI” means the Consumer Price Index published by the U.S. Bureau of Labor Statistic for “All Urban Consumers” in the Riverside-San Bernardino-Ontario area.
“Consumer Price Index Inflation Factor” means, for any Fiscal Year, the annual change in the Consumer Price Index which shall be measured from the month of March in the Calendar Year that ends in the previous Fiscal Year to the month of March preceding the Fiscal Year. The Maximum Special Tax Rates in Table 1 and Table 2 shall be increased by the amount of the Consumer Price Index Inflation Factor, with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) of the Maximum Special Tax Rates in effect for the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the Administrator that is reasonably comparable to the Consumer Price Index for the Riverside-San Bernardino-Ontario Area.
“Contingent Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2024‐01 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to the definition of Special Tax B (Contingent) that a POA fails to adequately provide such services.
“Council” means the City Council of the City acting as the legislative body of the CFD. “County” means the County of Riverside, California.
“Developed Property” means all Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to January 1st preceding the Fiscal Year in which the Special Tax is being levied; and (ii) for which a Building Permit for new construction has been issued prior to April 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means any Parcel that is exempt from Special Taxes pursuant to Section F., below.
“Final Map” means a subdivision of property by recordation of a map or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.
“Fiscal Year” means the 12-month period starting on July 1 of any calendar year and ending the following June 30.
“Future Annexation Area” means the geographic area that, at the time of CFD formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded Boundary Map. Such designation does not mean that any or all of the Future Annexation Area will annex into

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4 the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the annexation procedures in the Act for territory included in the Future Annexation Area, as well as the procedures established by the City.
“Land Use Class” or “LUC” means any of the classes listed in Table 1 or Table 2 of Section C. or Appendix A, below.
“Maximum Special Tax ” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means, for each Parcel in each Fiscal Year, the greatest Special Tax A amount, determined in accordance with Section C., below, that may be levied on such Parcel in such Fiscal Year.
“Maximum Special Tax B (Contingent)” means, for each Parcel in each Fiscal Year, the greatest Special Tax B (Contingent) amount, determined in accordance with Section C., below, that may be levied on such Parcel in such Fiscal Year. “Maximum Special Tax Rate (s)” means, for each Fiscal Year, the greatest Special Tax rate, determined in accordance with Section C., below, that may be levied on a Parcel in such Fiscal Year.
“Mixed Use Property” means all Parcels of Developed Property with more than one land use including residential, commercial, retail or other land uses. “Multifamily Residential Property” or “MFR” means all Parcels of Developed Property that consists of a building or buildings comprised of attached Residential Dwelling Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means all Parcels of Developed Property for which a Building Permit was issued, permitting the construction of one or more commercial, retail or other types of structure other than a residential structure. “Operating Reserves” means cash reserves to fund the Special Tax Requirement in the event of cash flow shortages or unexpected increases in operating, repair and maintenance costs (excluding capital improvements).
“Property Owner’s Association Property” means all Parcels that have been conveyed, dedicated to, or irrevocably offered for dedication to a property owner association (“POA”), including any master or sub-association, prior to April 1 preceding the Fiscal Year in which the Special Tax is being levied, within a Tax Zone. The Special Tax shall not be levied on Property Owner’s Association Property. If any Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

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5 “Proportionately” means for Parcels of Taxable Property that are (i) Developed Property, the ratio of the applied Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property; (ii) Approved Property, the ratio of the applied Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property; and (iii) Undeveloped Property, Public Property or Property Owner’s Association Property, the ratios of the applied Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Parcels of Undeveloped Property, Public Property and Property Owner’s Association Property.
“Public Property” means all Parcels which, as of April 1st preceding the Fiscal Year in which the Special Tax is being levied, are (i) used for rights-of-way or any other purpose and is owned by, dedicated to, or irrevocably offered for dedication to the federal government, the State, the County, City or any other public agency, provided, however, that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use; or (ii) encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
“Residential Dwelling Unit” or "RDU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Parcels of Developed Property for which a Building Permit has been issued permitting the construction of one or more Residential Dwelling Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2024‐01 as set forth in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means all Parcels of Residential Property, other than Accessory Dwelling Unit, Condominium Residential Property or Multifamily Residential Property.
“Special Tax(es)” means the Special Tax A or Special Tax B (Contingent) to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D. “Special Tax A” means the special tax to be levied in each Fiscal Year on each Parcel of Taxable Property in accordance with Section D.1 to fund the Special Tax A Requirement.
“Special Tax Area A” means the parcels comprising Special Tax Area A as depicted and defined in the initial Boundary Map and as depicted and defined in the Boundary Map of each additional property annexed into CFD No. 2024-01. “Special Tax A Requirement” means for each Tax Zone for each Fiscal Year, the Special Tax A amount required to: (1) pay the estimated cost of Special Tax A Services

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6 including but not limited to (i) maintenance of landscaping and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) maintenance of streets and roadways, including but not limited to slurry seal, asphalt overlay, public street sweeping and similar roadway maintenance, for such Fiscal Year as determined by the City; (2) fund the Special Tax A Reserve Fund in an amount not to exceed 20% of the Special Tax A Reserve Fund Requirement; (3) pay Administrative Expenses; (4) pay for an actual or anticipated shortfall due to Special Tax A delinquencies in the current or prior Fiscal Year; and (5) provide a credit for funds that are available to reduce the annual Special Tax A levy, if any, as determined by the Administrator. The Special Tax A Authorized Services are defined in detail in Exhibit B of the Rate and Method of Apportionment.
“Special Tax A Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax A Services. “Special Tax A Reserve Fund Requirement” for each Zone equals 100% of the estimated cost of Special Tax A Services in the Base Year. The Special Tax A Reserve Fund Requirement shall be increased annually, commencing July 1, 2025, based on the Consumer Price Index Inflation Factor.
“Special Tax A Services” means those authorized services, permitted under the Mello‐ Roos Community Facilities Act of 1982 as defined in Exhibit B of the Rate and Method of Apportionment, but limited to those services set forth in the documents adopted by the City Council at the time the CFD was formed as Special Tax A Services. “Special Tax B (Contingent)” or “Special Tax B” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property, in accordance with Section D.2, to fund the Special Tax B (Contingent) Requirement, if required.

Maintenance of the Special Tax B Improvements shall be the responsibility of the Property Owner’s Association as long as the Special Tax B Improvements are being maintained to a standard acceptable to the City. Special Tax B shall begin to be levied in the first year in which (i) the City determines that the Special Tax B Improvements have not been maintained to a standard acceptable to the City, (ii) the POA files for bankruptcy or (iii) the POA is dissolved. The City shall not levy Special Tax B without first giving notice to the Property Owner’s Association specifying the maintenance deficiency related to the Special Tax B Improvements and allowing a sufficient period, as determined by the City, for curing such deficiency.
“Special Tax Area B (Contingent)” means the parcels comprising Special Tax Area B as depicted and defined in the initial Boundary Map and as depicted and defined in the Boundary Map of each additional property annexed into CFD No. 2024-01. “Special Tax B (Contingent) Improvements” means the improvements that are maintained and operated as described in Special Tax B Services. “Special Tax B (Contingent) Requirement” means for each Tax Zone for each Fiscal Year, the Special Tax B amount required to: (1) pay the estimated cost of Special Tax B Services including but not limited to (i) maintenance of landscaping and lighting of parks,

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7 parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) maintenance of streets and roadways, including but not limited to slurry seal, asphalt overlay, public street sweeping and similar roadway maintenance, for such Fiscal Year as determined by the City; (2) fund the Special Tax B Reserve Fund in an amount not to exceed 20% of the Special Tax B Reserve Fund Requirement; (3) pay Administrative Expenses. The Special Tax B Authorized Services are defined in detail in Exhibit B of the Rate and Method of Apportionment.
“Special Tax B (Contingent) Reserve Fund” means a fund to be used for Capital Replacement and Operating Reserves related to the Special Tax B Services. “Special Tax B (Contingent) Reserve Fund Requirement” for each Tax Zone equals 100% of the estimated cost of Special Tax B (Contingent) Services in the Base Year. The Special Tax B Reserve Fund Requirement shall be increased annually, commencing July 1, 2025, based on the Consumer Price Index Inflation Factor.

“Special Tax B (Contingent) Services” means those authorized services, permitted under the Mello‐Roos Community Facilities Act of 1982 as defined in Exhibit B of the Rate and Method of Apportionment, but limited to those services, for each Tax Zone, as set forth in the documents adopted by the City Council at the time the CFD was formed as Special Tax B (Contingent) Services.
“State” means the State of California.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Table 1, Table 2, Table 3 and Appendix A identify the initial Tax Zones created at formation of the CFD. Appendix A may be updated to include new Parcels or new Tax Zones added to the CFD as a result of future annexations. “Taxable Property” means all Parcels within the boundary of the CFD, inclusive of Special Tax Area A and Special Tax Area B (Contingent) pursuant to the Boundary Map that are not exempt from the Special Tax pursuant to Section F., below. “Taxable Unit” means either a RDU, BSF or an Acre, as shown in Table 1 or Table 2 of Section C.
“Undeveloped Property” means all Parcels of Taxable Property not classified as Developed Property, Approved Property, Public Property, or Property Owner’s Association Property.

B. ASSIGNMENT TO LAND USE CLASS
For each Fiscal Year, commencing Fiscal Year 2024-2025, all Parcels of Taxable Property shall be classified as either Developed Property, Approved Property, Undeveloped Property, Public Property, or Property Owner’s Association Property; and

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8 subject to the levy of Special Taxes in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

Parcels of Developed Property shall further be classified as Residential Property or NonResidential Property. Parcels of Residential Property shall further be classified as Single Family Residential Property, Condominium Residential Property or Multifamily Residential Property. The number of Residential Dwelling units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For each Fiscal Year commencing Fiscal Year 2024-2025, Maximum Special Tax Rates shall be determined as described below:

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of RDUs constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi‐ family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of RDUs contained within the building or buildings, and the Special Tax A and or the Special Tax B levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of RDUs by the Maximum Special Tax per RDU for the applicable Tax Zone shown in the Tables below or as included in Appendix A as each annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Parcels shall be assigned the quantity of BSF or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual quantity of BSF or Acres for the Assessor’s Parcels, the Special Tax A and/or the Special Tax B levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the quantity of BSF or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone shown in the Tables below or as included in Appendix A as each annexation occurs.

1. Developed Property
The Maximum Special Tax A and Maximum Special Tax B for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD.

When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A and Maximum Special Tax B for Developed Property for Fiscal Year 2024‐25 within Tax Zone 1 and Tax Zone 2 are identified in Table 1 below and in Appendix A. These Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

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9 TABLE 1
Maximum Special Tax Rates for Developed Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map Land Use Class
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Non-Residential Property Acre $2,493.00 $0.00 2 PM 36566 Non-Residential Property Acre $823.00 $0.00
Mixed Use Property
The Maximum Special Tax that may be levied on a Parcel of Mixed Use Property shall be the sum of the Maximum Special Tax for each of the Parcels land uses based on Table 1. The Maximum Special Tax Rate for Single Family Residential Property shall apply to any Residential Dwelling Units on the parcel. The Maximum Special Tax Rate for Acreage shall apply to the other land uses on the property, with Acreage for each land use determined by reference to the approved site plan for such Parcel. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

2. Approved Property
The Maximum Special Tax A and Maximum Special Tax B for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024-01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A and/or Maximum Special Tax B, as applicable, for the Tax Zone annexed and included in Appendix A.

In determining the Maximum Special Tax A and Maximum Special Tax B for Approved Property for Fiscal Year 2024‐25 within Tax Zone 1 and Tax Zone 2 for each Parcel of Approved Property, the Undeveloped Property Maximum Special Tax Rate from Section C.3 (Table 2) times the Acreage of such Parcel shall be applied; provided, however, that for a Parcel of Approved Property that is expected to become Single Family Residential Property, as reasonably determined by the Administrator based on

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10 the Final Map for such Parcel, the Maximum Special Tax for such Parcel of Approved Property shall be calculated utilizing Section C.1 (Table 1) as if such Parcel were already designated as Single Family Residential Property. Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

3. Undeveloped Property
The Maximum Special Tax A and Maximum Special Tax B for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2024‐01, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A and/or Maximum Special Tax B, as applicable, for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax A and Maximum Special Tax B for Undeveloped Property for Fiscal Year 2024‐25 within Tax Zone 1 and Tax Zone 2 are identified in Table 3 below and in Appendix A. These Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

TABLE 2
Maximum Special Tax Rates for Undeveloped Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map Land Use Class
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Non-Residential Property Acre $2,493.00 $0.00 2 PM 36566 Non-Residential Property Acre $823.00 $0.00

4. Taxable Public Property and Property Owner’s Association Property The Maximum Special Tax A and Maximum Special Tax B that may be levied for FY 2024-25 on each Parcel of Taxable Public Property or Taxable Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax Rates for each Tax Zone shown in Appendix A multiplied by the Acreage of such Parcel. These Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

5. Increase in the Maximum Special Tax A and Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2025 the Maximum Special Tax A and Maximum Special Tax B for Developed Property, Approved Property, Undeveloped

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11 Property and Taxable Public Property and Property Owner’s Association Property shall increase by Consumer Price Index Inflation Factor.

D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the Administrator shall levy Special Tax A on all Taxable Property within Special Tax Area A up to the amount of the Special Tax A Requirement in accordance with the following steps:

First: The Special Tax A shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, Special Tax A shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement.

Fourth: If additional moneys are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, Special Tax A shall be levied Proportionately on each Parcel of Taxable Public Property and Property Owner’s Association Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax A Requirement.

2. Special Tax B (Contingent)
Commencing with Fiscal Year 2024-2025 and for each following Fiscal Year, the Administrator may levy Special Tax B on all Taxable Property within Special Tax Area B up to the amount of the Special Tax B Requirement in accordance with the following steps:

First: If levied, Special Tax B shall be levied Proportionately on each Parcel of Developed Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then Second: If additional moneys are needed to satisfy the Special Tax B Requirement after the first step has been completed, Special Tax B shall be levied

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12 Proportionately on each Parcel of Approved Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement; then
Third: If additional moneys are needed to satisfy the Special Tax B Requirement after the first two steps have been completed, Special Tax B shall be levied Proportionately on each Parcel of Undeveloped Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement.

Fourth: If additional moneys are needed to satisfy the Special Tax B Requirement after the first three steps have been completed, Special Tax B shall be levied Proportionately on each Parcel of Taxable Public Property and Property Owner’s Association Property at up to 100% of the applicable Maximum Special Tax for each Parcel as needed to satisfy the Special Tax B Requirement.

Notwithstanding the above, under no circumstances will the Special Tax be levied in any Fiscal Year against any Assessor’s Parcel of Residential Property as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2024-01 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services to such properties. Based on this analysis, any properties to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate existing Tax Zone or to a new Tax Zone with the appropriate Maximum Special Tax rates and will be included in an amended Appendix A.

F. EXEMPTIONS
The Special Tax shall not be levied on Public Property or Property Owner’s Association Property. If any Public Property or Property Owner’s Association Property is converted to Taxable Property as the result of a sale of an Exempt Parcel to a private owner for residential or non-residential development, it shall become subject to the Special Tax in accordance with this Rate and Method of Apportionment as determined pursuant to Sections C. and D.

G. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes and shall be subject to the same penalties, the same

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13 procedure, sale and lien priority in the case of delinquency; provided, however, that the Administrator may directly bill the Special Tax or may collect the Special Tax at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and provided further that the CFD may covenant to foreclose and may actually foreclose on Parcels having delinquent Special Taxes as permitted by the Act.

H. APPEALS
Any taxpayer may file a written appeal of the Special Tax on their Parcel(s) with the Administrator, provided that the appellant is current in their payments of Special Taxes.

During pendency of an appeal, all Special Taxes must be paid on or before the payment due date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The Administrator shall review the appeal, meet with the appellant if the Administrator deems necessary, and advise the appellant of its determination. If the Administrator agrees with the appellant, the Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Parcel(s). No refunds of previously paid Special Taxes shall be made.

The Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Tax and any taxpayer who appeals, as herein specified.

I. PREPAYMENT
The Special Taxes may not be prepaid.

J. TERM OF THE SPECIAL TAX
Special Tax A shall be levied annually in perpetuity unless terminated earlier by the City.

Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

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A-1

APPENDIX A

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)

MAXIMUM TAX RATES
Maximum Special Tax Rates for Developed Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map* Land Use Category
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Non-Residential Property Acre $2,493.00 $0.00 2 PM 36566 Non-Residential Property Acre $823.00 $0.00
Future
Annexation
Area
Tract/PM_____
Single Family Residential
Property RDU $____ per RDU $____ per RDU
Multifamily Residential
Property RDU $____ per RDU $____ per RDU
Non-Residential Property Acre $____ per Acre $____ per Acre Maximum Special Tax Rates for Approved Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map* Land Use Category
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Non-Residential Property Acre $2,493.00 $0.00 2 PM 36566 Non-Residential Property Acre $823.00 $0.00
Future
Annexation
Area
Tract/PM_____
Single Family Residential
Property RDU $____ per RDU $____ per RDU
Multifamily Residential
Property RDU $____ per RDU $____ per RDU
Non-Residential Property Acre $____ per Acre $____ per Acre

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City of Hemet
CFD No. 2024-01 (Public Facilities Maintenance)
Rate and Method of Apportionment A-2
Maximum Special Tax Rates for Undeveloped Property
Fiscal Year 2024-2025
Tax Zone
Tract/Parcel
Map*
Taxable
Unit
Maximum
Special Tax A
Per Taxable
Unit
Maximum
Special Tax B
Per Taxable
Unit
1 PM 14318 Acre $2,493.00 $0.00
2 PM 36566 Acre $823.00 $0.00
Future
Annexation
Area
Tract/PM_____ Acre $____ per Acre $____ per Acre
Maximum Special Tax Rates for Taxable Public Property
and Property Owner’s Association Property
Fiscal Year 2024-2025
The Maximum Special Tax A and Maximum Special Tax B that may be levied for FY 2024-25 on each Parcel of Taxable Public Property or Taxable Property Owners Association Property shall be equal to the product of the applicable Undeveloped Property Maximum Special Tax Rates for each Tax Zone shown in Appendix A multiplied by the Acreage of such Parcel. These Maximum Special Tax Rates are subject to annual escalation in accordance with Section C. 5.

Increase in the Maximum Special Tax A and Special Tax B (Contingent) On each July 1, commencing on July 1, 2025 the Maximum Special Tax A and Maximum Special Tax B for Developed Property, Approved Property, Undeveloped Property and Taxable Public Property and Property Owner’s Association Property for each Tax Zone shall increase by Consumer Price Index Inflation Factor. * The property identified above shall remain part of the identified Tax Zone regardless of changes in the configuration of the parcels in future Fiscal Years. As APNs change, the City may update Appendix A to reflect the most current APNs and Tax Zones consistent with the Taxable Property categories set forth in the Rate and Method of Apportionment of Special Tax for CFD No. 2024-1.

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City of Hemet
CFD No. 2024-01 (Public Facilities Maintenance)
Rate and Method of Apportionment B-1

APPENDIX B

CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2024-01 (Public Facilities Maintenance) (“CFD 2024-01”), as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing facilities (may include reserves for replacement) in public street right-of-way, public lighting, public landscaping, public open spaces and other similar areas officially dedicated for public use. These services including the following:
a) Maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance of streets and roadways including slurry seal, asphalt overly and other similar maintenance; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and b) Maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, fossil fuel filters, infiltration basins, flood control channels and similar facilities.

Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance and servicing of the water quality basin improvements and flood control channel improvements; and c) Public street sweeping, on the segments of the arterials within the boundaries of CFD 2024-01; as well as local roads within residential subdivisions located within CFD 2024- 01; and any portions adjacent to the properties within CFD 2024-01; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services may be financed by proceeds of the special tax of CFD 2024-01 only to the extent that they are in addition to those provided in the territory of CFD 2024-01 before CFD 2024- 01 was created or those provided in the territory annexed to CFD 2024-01 before the territory was annexed, as applicable.

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APPENDIX B

BOUNDARY MAP FOR
CFD 2024-01 (PUBLIC FACILITIES MAINTENANCE)

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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, CALLING A SPECIAL

ELECTION AND SUBMITTING TO THE QUALIFIED

ELECTORS OF CITY OF HEMET COMMUNITY
FACILITIES DISTRICT NO. 2024-01 (PUBLIC FACILITIES

MAINTENANCE) PROPOSITIONS REGARDING THE

ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND

THE ANNUAL LEVY OF A SPECIAL TAX WITHIN THE

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

WHEREAS, on October 22, 2024, the City Council (the “City Council”) of the City of Hemet (the “City”) held a public hearing (the “Public Hearing”) on the establishment of Community Facilities District No. 2024-01 (Public Facilities Maintenance) (the “District”); and
WHEREAS, following the Public Hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) ordering the formation of the District, and subject to approval of the qualified electors of the District, authorizing the levy of a special tax (the “Special Tax”) on property within the District and establishing an appropriations limit for the District,

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the “Act”); and WHEREAS, pursuant to the Resolution of Formation, the propositions relating to the levy of the Special Tax and the establishment of an appropriations limit will be submitted to the qualified electors of the District as required by the Act; and WHEREAS, no persons are registered to vote in the territory of the District; and WHEREAS, the City Clerk has advised the City Council that she has received a Consent and Waiver from each and every landowner within the District, pursuant to which each landowner has expressly waived certain requirements related to the conduct of the election;

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

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

SECTION 2. CALL OF ELECTION - The City Council hereby calls and schedules a special election for October 22, 2024, to consider the proposition described in Section 3 below
SECTION 3. PROPOSITION –
a. Pursuant to Sections 53325.7, 53326 and 53353.5 of the Act, the proposition relating to the levy of the Special Tax and the proposition relating to the establishment of the appropriations limit shall be combined into one ballot proposition and shall be submitted to the qualified electors of the District as required by the Act.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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b. If the combined proposition for the levy of the Special Tax and the establishment of the appropriations limit receives the approval of more than two-thirds of the votes cast on the proposition, the Special Tax may be levied and the appropriations limit may be established as provided for in the Resolution of Formation. c. The amount, method of collection and purpose of the Special Tax are specified in the Resolution of Formation, on file in the office of the City Clerk and by this reference incorporated herein.
d. The proposition to be submitted to the voters of the District at such special election shall be as follows:
“Shall special taxes with a rate and method of apportionment as set forth in Exhibit “B” to the resolution entitled “Resolution of Formation of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2024-01(Public Facilities Maintenance), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) be levied annually on taxable property within City of Hemet Community Facilities District No. 2024-01(Public Facilities Maintenance), to pay for lighting and landscaping of parks, parkways, streets, roads and open space; street maintenance; park facilities maintenance; water quality, drainage and flood control facilities maintenance; public signage maintenance; street sweeping; graffiti removal from public structures situated on parks, parkways, streets, roads and open space and all other related services necessary or useful for, or in connection with, the

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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foregoing services, including building a reserve fund for replacement, and incidental expenses thereto, all as set forth in Exhibit “A” to the Resolution of Formation, and shall the appropriations limit be established as set forth in Section 14 of the Resolution of Formation?”
SECTION 4. ELECTORS DETERMINED - The City Council finds that 12 persons have not been registered to vote within the territory of the District for the 90 days preceding the close of the Public Hearing and that pursuant to Section 53326 of the Act, the vote in the special election called by this Resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the District which would be subject to the proposed special taxes if they were levied at the time of the election.

SECTION 5. CONDUCT OF ELECTION - Except as otherwise provided in Section 6 hereof, the special election shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable.

SECTION 6. ELECTION PROCEDURES –
a. The procedures to be followed in conducting the special election on the proposition described in Section 3 shall be as provided in Section 12 of the Resolution of Formation. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 5
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b. The City Council hereby finds that the qualified electors of the District have waived the time limits for conducting the special election by unanimous written consent as provided in the Consent & Waiver signed by the land owner.

SECTION 7. CONCURRENCE OF THE CITY CLERK - The City Council hereby finds and determines that the City Clerk has concurred in the shortened time for the election, pursuant to Section 53326 of the Act,
SECTION 8. EFFECTIVE DATE - This Resolution shall become effective upon its adoption.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 6
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PASSED, APPROVED AND ADOPTED this 22nd day of October, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 7
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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 22nd day of October, 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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CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, DECLARING THE RESULTS

OF A SPECIAL ELECTION IN CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE) AND DIRECTING

THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, in proceedings heretofore conducted by the City Council of the City of Hemet (the “City Council”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311, of the California Government Code (the “Act”), the City Council adopted Resolution No. 2024-___ on October 22, 2024, entitled “Resolution of the City Council of the City of Hemet, California, Calling a Special Election and Submitting to the Qualified Electors of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a Special Tax within the Community Facilities District” (the “Resolution Calling Election”), calling for a special election (the “Special Election”) of the qualified electors within Community Facilities District No. 2024-01 (Public Facilities Maintenance); and WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the Special Election was held on October 22, 2024, and the City Clerk has on file a Certificate of the City Clerk as to the Results of

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CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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the Canvass of the Election Returns (the “Certificate”), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein; and WHEREAS, this City Council has reviewed said Certificate and hereby approves it;

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

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

SECTION 2. BALLOT MEASURE - The City Council hereby calls and schedules a special election for October 22, 2024, to consider the proposition described in Section 3 below
SECTION 3. ELECTION RESULTS – The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit A.

Pursuant to the Certificate, the Ballot Measure presented at the Special Election was approved by the qualified electors of the District.

SECTION 4. BALLOT MEASURE AUTHORIZED - This City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in the Ballot Measure for the purposes described therein and to take the necessary steps to levy the special tax authorized by the Ballot Measure. The appropriations limit as specified in the Ballot Measure is hereby established.

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CITY OF HEMET RESOLUTION NO. 2024-XXX 3
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SECTION 5. FINDINGS OF VALIDITY - It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act.

SECTION 6. NOTICE OF SPECIAL TAX LIEN – The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5.

SECTION 7. EFFECTIVE DATE - This Resolution shall become effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 22nd day of October, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET RESOLUTION NO. 2024-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 22nd day of October, 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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CITY OF HEMET ORDINANCE NO. XXXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. xxxx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA ACTING IN ITS CAPACITY AS

THE LEGISLATIVE BODY OF CITY OF HEMET
COMMUNITY FACILITIES DISTRICT NO. 2024-01
(PUBLIC FACILITIES MAINTENANCE) AUTHORIZING

THE LEVY OF A SPECIAL TAX THEREIN
WHEREAS, on September 10, 2024, the City Council adopted a resolution entitled “A Resolution of Intention of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) and to authorize the Levy of a Special Tax within City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance)” (the “Resolution of Intention”), called the “Resolution of Intention” (Resolutions of Intention), stating its intention to form Community Facilities District No. 2024-01 (Public Facilities Maintenance) (the “CFD”), of the City pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”) to finance certain services (the “Services”) including incidental expenses, to serve the CFD; and
WHEREAS, the Resolutions of Intention set October 22, 2024 at 7:00 p.m., or as soon thereafter as practicable, as the date of a public hearing on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the proposed rate and method of apportionment of the special tax within the CFD (the “Rate and Method”); and

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CITY OF HEMET ORDINANCE NO. XXXX 2
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WHEREAS, a notice of public hearing was published and sent to all landowners proposed to be included in the CFD in accordance with the Act; and WHEREAS, at the public hearing, evidence was presented to the City Council on such matters before it, including a special report (the “Report”) describing the services necessary to adequately meet the needs of the CFD and the estimated costs of financing such Services as required by Section 53321.5 of the Act; and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the formation of the CFD, the extent of the CFD, the furnishing of Services to serve the CFD, and the Rate and Method were heard and a full and fair hearing was held; and
WHEREAS, subsequent to the public hearing, the City Council adopted a resolution entitled “Resolution of Formation of the City Council of the City of Hemet, California, to Establish City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance), to Establish an Appropriations Limit therefor, to Authorize the Submittal of the Levy of Special Taxes, and to Submit the Establishment of an Appropriations Limit, to the Qualified Electors of such Community Facilities District” (the “Resolution of Formation”) which established the CFD and authorized the levy of a special tax within the CFD; and
WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled “Resolution of the City Council of the City of Hemet, California, Calling a Special Election and Submitting to the Qualified Electors of City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) Propositions Regarding the Establishment of an Appropriations Limit and the Annual Levy of a

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CITY OF HEMET ORDINANCE NO. XXXX 3
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Special Tax Within the Community Facilities District” (the “Resolution Calling Election”) which called a special election of the qualified electors within the CFD; and WHEREAS, pursuant to the terms of the Resolution Calling Election, an election was held in which qualified electors of the CFD approved the establishment of an appropriations limit for the CFD and the levy of a special tax (the “Special Tax”) within the CFD; and
WHEREAS, on October 22, 2024, the City Council adopted a resolution entitled “Resolution of the City Council of the City of Hemet, California, Declaring the Results of a Special Election in the City of Hemet Community Facilities District No. 2024-01 (Public Facilities Maintenance) and Directing the Recording of a Notice of Special Tax Lien” (the “Resolution Declaring Results of Election”) which certified the results of the October 22, 2024 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the CFD were in favor of the proposition to levy the Special Tax and the proposition to establish an appropriations limit for the CFD;

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

1. Recitals. The above recitals are all true and correct.

2. Authorization of the Levy of a Special Tax. By the passage of this Ordinance, the City Council authorizes the levy of the Special Tax in the CFD in accordance with the Rate and Method set forth in the Exhibit “B” to the Resolution of Formation, which is on file in the office of the City Clerk and incorporated by reference herein.

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CITY OF HEMET ORDINANCE NO. XXXX 4
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3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate.

4. Exempt Property. Except as provided in Section 53340.1 of the Act and except for properties that a local agency is a landowner of within the meaning of subdivision (f) of Section 53317 of the Act, pursuant to Section 53340 of the Act, properties of entities of the state, federal and local governments shall be exempt from the levy of the Special Tax. Reference is hereby made to the Rate and Method for a description of other properties or entities that are expressly exempted from the levy of the Special Tax.

5. Use of Collections. All of the collections of the Special Tax shall be used only as provided by the Act and in the Resolution of Formation. The Special Tax shall be levied only so long as needed for the purposes as described in the Resolution of Formation.

6. Collection. The Special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the Special Tax may be collected by direct billing by the City of the property owners in the CFD

15.A

CITY OF HEMET ORDINANCE NO. XXXX 5
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or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments.

7. Authorization. The specific authorization for adoption of the Ordinance is Section 53340 of the Act.

8. Severability. If for any reason any portion of the Ordinance is found to be invalid, or if the Special Tax is found inapplicable for any particular parcel within the CFD, by a court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the CFD shall not be affected.

9. Certification. The City Clerk shall certify the passage of this Ordinance and cause it to be published or posted in accordance with law.

SECTION 1: PUBLICATION.

The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).

15.A

CITY OF HEMET ORDINANCE NO. XXXX 6
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INTRODUCED at the regular meeting of Hemet City Council on October 22, 2024.

APPROVED AND ADOPTED this 22nd day of October, 2024.
_________________________
Joe Males, Mayor
ATTEST:
_________________________
John Paul Maier, City Clerk

15.A

CITY OF HEMET ORDINANCE NO. XXXX 7
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State of California )
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City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing Ordinance was introduced and first read on the 22nd day of October 2024, and had its second reading at the regular meeting of 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

15.A

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 22 2024
Department: Finance
Submitted by: Mark Prestwich, City Manager
Tiffany Barnett, Acting Administrative Services Director; ☒ Receive and File ☐ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

City of Hemet Budget Adjustments Dated August 31, 2024.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Receive and file the City of Hemet Budget Adjustments Dated August 31, 2024.

BACKGROUND:

As stated in Section 2 of the City of Hemet Resolution 2023-115, the City Manager is authorized to transfer budgeted amounts between Divisions and accounts with the same Department and Fund over the course of the fiscal year covered by the Budget so long as such transfer is reported to the City Council within 45 days.

ANALYSIS:

In general, budget adjustments are not posted to the July reporting period. For financial reporting purposes, the month of July needs to be absent of modification, as this is the month that reflects the "Original Budget" and is the basis for all comparative analytics used during the fiscal year.

Quantitatively significant adjustments are typically those that require Council approval.

Attached are the August adjustments posted into the City’s financial software.

STRATEGIC PLAN INTEGRATION:

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

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

16.A

Objective 2: Increase transparency for the public.

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

ATTACHMENT(S):

Attachment 1: 2024-08-31 Budget Adjustments

16.A

ATTACHMENT 1
City of Hemet Budget Adjustments FY 2024/2025
July and August 2024
BUDGET REQUESTS APPROVED BY CITY COUNCIL:

From City Council Meeting on July 9, 2024:

Staff Report 17.J: AMR Penalty Fee Purchases
Account # Amount Description
110-3241-2200 $ 3,589.00 Expenditure appropriations for projects using AMR Penalty Fees-Fire 110-3241-2350 $ 5,437.00 Expenditure appropriations for projects using AMR Penalty Fees-Fire 110-3241-2450 $ 37,638.00 Expenditure appropriations for projects using AMR Penalty Fees-Fire 110-3241-2700 $ 11,788.93 Expenditure appropriations for projects using AMR Penalty Fees-Fire 110-3200-5400 $ 40,000.00 Expenditure appropriations for projects using AMR Penalty Fees-Fire Staff Report 17.N: Establishing Safe Streets for All Program Account # Amount Description
266-0584 $ 640,000.00 Revenue appropriations for SS4A funding-SS4A 266-2402-2710 $ 640,000.00 Expenditure appropriations for SS4A funding-SS4A 222-2402-2710 $ 160,000.00 Expenditure appropriations for SS4A funding-SS4A Staff Report 17.R: Fire Station 1 Tenant Improvements
Account # Amount Description
270-7016-2710 $ (36,628.21) Move expenditure appropriations for CIP 5747 270-5738-5400 $ (74,638.00) Move expenditure appropriations for CIP 5747 270-5747-5300 $ 111,266.21 Move expenditure appropriations for CIP 5747 From City Council Meeting on August 13, 2024:

Staff Report 15.A: Five Year CIP Project Appropriations Account # Amount Description
270-5777-5500 $ 238,785.00 Expenditure appropriations for five year CIP projects 370-5698-5500 $ 450,000.00 Expenditure appropriations for five year CIP projects 361-5777-5500 $ 110,000.00 Expenditure appropriations for five year CIP projects 329-2412-2710 $ 20,500.00 Expenditure appropriations for five year CIP projects 329-2412-5500 $ 329,500.00 Expenditure appropriations for five year CIP projects 329-2413-2710 $ 80,000.00 Expenditure appropriations for five year CIP projects 329-2413-5500 $ 295,000.00 Expenditure appropriations for five year CIP projects 110-2500-5500 $ (2,000,000.00) Reallocate Expenditure appropriations for five year CIP projects 110-2407-2710 $ 45,000.00 Reallocate Expenditure appropriations for five year CIP projects 110-2407-5500 $ 1,955,000.00 Reallocate Expenditure appropriations for five year CIP projects 110-2500-5500 $ (50,000.00) Reallocate Expenditure appropriations for five year CIP projects 110-2418-5400 $ 50,000.00 Reallocate Expenditure appropriations for five year CIP projects 222-5708-5500 $ 75,000.00 Expenditure appropriations for five year CIP projects 222-5709-5500 $ 250,000.00 Expenditure appropriations for five year CIP projects 222-2407-5500 $ 1,900,000.00 Expenditure appropriations for five year CIP projects 222-2410-2710 $ 60,000.00 Expenditure appropriations for five year CIP projects 222-2410-5500 $ 840,000.00 Expenditure appropriations for five year CIP projects 326-2408-2710 $ 529,680.00 Expenditure appropriations for five year CIP projects 326-2408-5500 $ 4,143,320.00 Expenditure appropriations for five year CIP projects 221-2406-2710 $ 36,000.00 Expenditure appropriations for five year CIP projects 221-2406-5500 $ 2,265,214.00 Expenditure appropriations for five year CIP projects 254-5663-5500 $ 90,000.00 Expenditure appropriations for five year CIP projects 254-2417-5500 $ 100,000.00 Expenditure appropriations for five year CIP projects 254-2420-5500 $ 1,500,000.00 Expenditure appropriations for five year CIP projects 254-2416-5500 $ 250,000.00 Expenditure appropriations for five year CIP projects 571-5759-5500 $ 300,000.00 Expenditure appropriations for five year CIP projects 571-2417-5500 $ 100,000.00 Expenditure appropriations for five year CIP projects 571-2415-5500 $ 1,500,000.00 Expenditure appropriations for five year CIP projects Staff Report 17.E: FY 2023 Assitance to Firefighters Grant Program - Cancer Screening Project

16.A

ATTACHMENT 1
City of Hemet Budget Adjustments FY 2024/2025
July and August 2024
Account # Amount Description
232-0582 $ 39,518.86 Revenue appropriations for Cancer Screening Project 232-3223-2710 $ 39,518.86 Expenditure appropriations for Cancer Screening Project 115-3223-2710 $ 3,951.89 Expenditure appropriations for Cancer Screening Project Staff Report 17.J: DOE Energy Efficiency and Conservation Block Grant Account # Amount Description
266-0584 $ 141,750.00 Revenue appropriations for DOE Block Grant - HVAC system 266-2419-5400 $ 141,750.00 Expenditure appropriations for DOE Block Grant - HVAC system Staff Report 17.P: Move funding for CIP 5729
Account # Amount Description
222-5729-5500 $ (79,800.00) Move expenditure appropriations from Measure A to holding account 222-5001-5500 $ 79,800.00 Move expenditure appropriations from Measure A to holding account 254-5729-5500 $ 79,800.00 Expenditure appropriations from Measure A to holding account Staff Report 17.R: Payroll/HR Specialist Companion Position Account # Amount Description
100-1403-1100 $ 23,200.00 Expenditure appropriations for Payroll/HR Companion Position

16.A

ATTACHMENT 1
City of Hemet Budget Adjustments FY 2024/2025
July and August 2024
DEPARTMENT BUDGET TRANSER REQUESTS APPROVED BY CITY MANAGER:

Public Works Department Requests for Budget Transfer:

Account # Amount Description
221-5690-5500 $ (28,762.00) Transfer allocations for CIP 5690 221-5690-2710 $ 28,762.00 Transfer allocations for CIP 5690 Account # Amount Description
222-5770-5500 $ (19,220.00) Transfer allocations for CIP 5770 222-5770-2710 $ 19,220.00 Transfer allocations for CIP 5770 Account # Amount Description
329-5723-5500 $ (55,000.00) Transfer allocations for CIP 5723 329-5723-2710 $ 55,000.00 Transfer allocations for CIP 5723 Account # Amount Description
380-4200-5400 $ (300,000.00) Correct street sweeper appropriations 380-4400-5400 $ 300,000.00 Correct street sweeper appropriations Account # Amount Description
110-5761-1100 (40,000.00) Transfer allocations for CIP 5761 110-5761-2710 40,000.00 Transfer allocations for CIP 5761 Account # Amount Description
221-5690-1100 $ (90,000.00) Transfer allocations for CIP 5690 221-5690-5500 $ 90,000.00 Transfer allocations for CIP 5690 Department Life Safety - Building Division Requests for Budget Transfer:

Account # Amount Description
120-3300-2560 $ (1,400.00) Cover printer replacement cost in Building 120-3300-2400 $ 1,400.00 Cover printer replacement cost in Building

16.A

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 22 2024
Department: Administration
Submitted by: Noah Rau, Acting City Manager
John Maier, City Clerk;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Approval of the City Council Regular Meeting Minutes of October 8, 2024 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Approve the City Council Regular Meeting Minutes of October 8, 2024.

STRATEGIC PLAN INTEGRATION:

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

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

Objective 2: Increase transparency for the public.

ATTACHMENT(S):

Attachment 1: City Council Meeting - Oct 8 2024 - Minutes

17.A

MINUTES
City Council Meeting
City of Hemet
City Council Chamber
Tuesday, October 8, 2024

1. CLOSED SESSION – 6:00 P.M.

2. CALL TO ORDER
The City Council of the City of Hemet met this date in a Closed Session at 6:00 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

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

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

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier

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

Council recessed into Closed Session at 6:08 p.m.

5. DISCUSSION ITEMS

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

6. ADJOURNMENT OF CLOSED SESSION
Closed Session was adjourned at 7:02 P.M.

17.A

City Council Meeting
October 8, 2024

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

8. CALL TO ORDER
The City Council of the City of Hemet met this date in a Regular Session at 7:11 p.m. in the City Council Chamber, 450 E. Latham Avenue, Hemet, California with Mayor Males presiding.

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

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

City Manager:

City Attorney:

City Clerk:

Mark Prestwich
Steven Graham
John Paul Maier

10. INVOCATION
Invocation was given by Community Solutions Coordinator Kristian Ticas.

11. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Peterson.

12. CITY ATTORNEY CLOSED SESSION REPORT
City Attorney Graham stated there were no reportable actions from the 6:00 p.m. Closed Session.

12.A City Attorney’s Report regarding Closed Session

13. COMMUNICATIONS FROM THE PUBLIC
Mayor Meyer asked for Public Comments, the following citizen spoke Larry Tucker, Steven Patrice, Deirdra Hampton, Terry Larned, Sonia Lamas, Ernesto Alvarado, Hilary Ross, Irene Reyes, Shaul Rosen-Rager, Kathleen Caraher, Sharow Wynne, Cheryl Pierde, and Roy Fales (Priscilla Lebine donated time to Mr. Fales).

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

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

17.A

City Council Meeting
October 8, 2024

14. PRESENTATIONS
Council Member Krupa noted that the Proclamation to be delivered to Rakesh and Neelam Gupta at a later time.

14.A Proclamation for Hindu Heritage Month
Council Member Lilienthal presented the Sheltered Pathways Proclamation to Carrol Givens and Patricia McClure.

14.B Proclamation for Sheltered Pathways
Mayor Pro Tem Peterson presented the Proclamation for World Homeless Day to Carrol Givens and Patricia McClure.

14.C Proclamation for World Homeless Day
Council Member Kendrick presented the Proclamation for Water Professional Appreciation Week to Public Works Director/City Engineer Noah Rau.

14.D Proclamation for Water Professional Appreciation Week Efrain Vargas announced that the Fire Department will be hosting its Annual Open House on Saturday, October 12, 2024 from 10:00 a.m. to 1:00 p.m. at Fire Station #1 at 220 N. Juanita Street, Hemet, California.

14.E Fire Department Open House Presentation
Police Chief Arellano announced that the Police Department West Sub Station will have its Grand Opening on Thursday, October 10, 2024 at 11:00 a.m. at 3570 W. Florida Avenue, Hemet, California.

14.F Opening of Police Department West Sub Station Presentation City Clerk Maier announced that the Municipal General Election will be held on November 5, 2024 and highlighted the different polling locations, including the Hemet Public Library located at 300 E. Latham Avenue, Hemet, California.

14.G Election Update - Polling Locations Presentation

15. RECEIVE AND FILE

15.A The City of Hemet Warrant Register Dated September 5, 2024, in the amount of $1,128,663.37. The Payroll Period of August 19, 2024 – September 1, 2024, in the amount of $1,056,447.27
Action:

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

16. CONSENT CALENDAR

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the Consent Calendar with the removal of Item 16.D for separate consideration.

16.A Approval of the City Council Regular Meeting Minutes of September 24, 2024

17.A

City Council Meeting
October 8, 2024
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to approve the City Council Regular Meeting Minutes of September 24, 2024.

16.B Quarterly Grant Report for Period Ending September 30, 2024 Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to receive and file the Quarterly Grant Report for the period ending September 30, 2024.

16.C Investment Report for June 2024
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to receive and file the Investment Report for June 2024.

16.D A Resolution of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to Helix Environmental Planning, Chambers Group, and Michael Baker International as the Three Top Ranked Firms for On-Call, As Needed Professional Environmental Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney
Action:

MOTION BY COUNCIL MEMBER KENDRICK, SECOND BY COUNCIL MEMBER LILIENTHAL, CARRIED 5-0, to adopt a Resolution 2024-184 of the City Council of the City of Hemet, California, Awarding Professional Services Agreements to Helix Environmental Planning, Chambers Group, and Michael Baker International as the Three Top Ranked Firms for On-Call, As Needed Professional Environmental Services and Authorizing the City Manager to Execute All Documents Related to the Agreements as Approved in Final Form by the City Attorney.

16.E A Resolution of the City Council of the City of Hemet, California, Awarding All American Asphalt the Kirby Street Pavement Project, CIP 2403, in the Amount of $1,748,888, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or approximately $174,889; Approving Materials Testing in the Amount of $14,140; Authorize the Administrative Services Director to Appropriate an Additional $144,430 from Fund 221 Highway Users Tax Account (HUTA) to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer

17.A

City Council Meeting
October 8, 2024
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-185 of the City Council of the City of Hemet, California, Awarding All American Asphalt the Kirby Street Pavement Project, CIP 2403, in the Amount of $1,748,888, Waiving any Minor Bid Irregularities, Authorizing the City Manager to Execute all Contract Documents; Approving Additional Construction Expenditures Not to Exceed 10% of the Contract Amount or approximately $174,889; Approving Materials Testing in the Amount of $14,140; Authorize the Administrative Services Director to Appropriate an Additional $144,430 from Fund 221 Highway Users Tax Account (HUTA) to Fund the Total Project Cost; and Authorizing the City Clerk to Record the Notice of Completion upon Acceptance of the Work by the City Engineer.

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

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-186 of the City Council of the City of Hemet, California, approving the City’s Classification and Compensation Plan for employee salary ranges.

16.G A Resolution of the City Council of the City of Hemet, California, Accepting the 2024/25 Selective Traffic Enforcement Program (STEP) Grant of $145,000.00 from the State of California - Office of Traffic Safety and Authorize the Finance Department to Establish Expenditure Accounts and Budget for the Grant Period
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-187 of the City Council of the City of Hemet, California, Accepting the 2024/25 Selective Traffic Enforcement Program (STEP) Grant of $145,000.00 from the State of California - Office of Traffic Safety and authorize the Finance Department to establish expenditure accounts and budget for the grant period.

16.H A Resolution of the City Council of the City of Hemet, California, Approving American Rescue Plan Act (ARPA) Fund Budget Transfers
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-188 of the City Council of the City of Hemet, California, Approving American Rescue Plan Act (ARPA) Fund Budget Transfers.

16.I A Resolution of the City Council of the City of Hemet, California, Authorizing and Directing Action in Connection with the Affordable Housing & Sustainable Communities Program Award for the Palm Villas at State Project; Accepting and Incurring an Obligation for the Program Award; Acknowledging and

17.A

City Council Meeting
October 8, 2024
Agreeing that the City of Hemet be Subject to the Terms and Conditions Specified in the STD 213 Standard Agreement and Authorizing the City Manager or Designee to Execute the Program Award Documents and Amendments
Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY COUNCIL MEMBER KRUPA, CARRIED 5-0, to adopt a Resolution 2024-189 of the City Council of the City of Hemet, California, Authorizing and Directing Action in Connection with the Affordable Housing & Sustainable Communities Program Award for the Palm Villas at State Project; Accepting and Incurring an Obligation for the Program Award; Acknowledging and Agreeing that the City of Hemet be Subject to the Terms and Conditions Specified in the STD 213 Standard Agreement and Authorizing the City Manager or Designee to Execute the Program Award Documents and Amendments.

17. DISCUSSION - ACTION ITEMS

17.A Consideration of 1) Adoption of a Resolution Approving City Positions State Propositions on November 5, 2024 Ballot; and 2) Adoption of a Resolution Supporting Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act
Action:

MOTION BY COUNCIL MEMBER KRUPA, SECOND BY COUNCIL MEMBER KENDRICK, CARRIED 5-0, to Adopt a Resolution 2024-190 of the City of Hemet, California, Supporting Proposition 36, the Homelessness, Drug Addiction, and Theft Reduction Act.

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to table Resolution (Staff Recommendation One), Approving City Positions for State Propositions on the November 5, 2024 Ballot.

17.B An Ordinance of The City Council of The City of Hemet, California, Adding Sections 53-10 To The Hemet Municipal Code Prohibiting GovernmentSponsored Unsanctioned Transport Of Homeless Persons Action:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to introduce the Ordinance 2045 for first reading by title only, waive full reading, of an Ordinance Of The City Council Of The City Of Hemet, California, Adding Sections 53-10 To The Hemet Municipal Code Prohibiting Government-Sponsored Unsanctioned Transport Of Homeless Persons, and order 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, as amended on page two of the Ordinance, Section 53-10 (B), to strikethrough the words law enforcement and replace with “no person” shall transfer.

18. CITY COUNCIL AND STAFF REPORTS

17.A

City Council Meeting
October 8, 2024
Mayor Males asked for Council Comments. Council Member Kendrick, Council Member Krupa, Council Member Lilienthal, Mayor Prom Tem Peterson, and Mayor Males gave reports.

CITY MANAGER PRESTWICH
None.

19. ADJOURNMENT
There being no further business, Mayor Males adjourned the meeting at 9:20 P.M. The next Regular City Council Meeting will be at 7:00 p.m. on October 22, 2024.

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

17.A

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 22 2024
Department: City Attorney
Submitted by: Mark Prestwich, City Manager
Steven Graham, City Attorney;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Second Reading and Adoption of an Ordinance 2045 Of The City Council Of The City Of Hemet, California, Adding Sections 53-10 To The Hemet Municipal Code Prohibiting Government-Sponsored Unsanctioned Transport Of Homeless Persons
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Waive further reading and adopt an Ordinance 2045 Of The City Council Of The City Of Hemet, California, Adding Sections 53-10 To The Hemet Municipal Code Prohibiting Government-Sponsored Unsanctioned Transport Of Homeless Persons.

BACKGROUND:

In June of 2024, the City of Santa Cruz accused the Hanford Police Department (a city several hours away from Santa Cruz) of abandoning a disabled homeless woman in their city without warning. The incident occurred when Hanford officers allegedly dropped the woman at a Santa Cruz shelter, even though she had no connections in the City, including no family, friends, or even confirmation that shelter space was available. Santa Cruz officials, including Mayor Fred Keeley, expressed concerns that this may not have been the first time Hanford engaged in such practices. In response, the City of Hanford claimed the woman had requested relocation to Santa Cruz, after researching shelters, and denied any misconduct.

This incident highlights the ongoing issue of government agencies transporting homeless individuals to other jurisdictions, often referred to as "dumping." While Hanford framed it as a response to the individual’s request, Santa Cruz viewed it as violating inter-jurisdictional responsibility. The practice raises ethical concerns, as it shifts the burden of care without providing long-term solutions, fueling tensions between communities that are already grappling with homelessness.

ANALYSIS:

17.B

The draft ordinance has been brought forward at the request of Mayor Joe Males and aims to prohibit government agencies from transporting homeless individuals to Hemet without proper authorization or arrangements. This ordinance seeks to preserve local resources and ensure that homeless individuals receive care within their originating jurisdictions. It explicitly bans the unsanctioned dropoff of homeless persons lacking a fixed nighttime residence, with exceptions only for verified services such as medical treatment, shelter, or court appointments. Violators can face fines or jail time.

PREVIOUS COUNCIL ACTION:

MOTION BY COUNCIL MEMBER LILIENTHAL, SECOND BY MAYOR PRO TEM PETERSON, CARRIED 5-0, to introduce the Ordinance 2045 for first reading by title only, waive full reading, of an Ordinance Of The City Council Of The City Of Hemet, California, Adding Sections 53-10 To The Hemet Municipal Code Prohibiting Government-Sponsored Unsanctioned Transport Of Homeless Persons, and order 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, as amended on page two of the Ordinance, Section 53-10 (B), to strikethrough the words law enforcement and replace with “no person” shall transfer.

STRATEGIC PLAN INTEGRATION:

N/A
ATTACHMENT(S):

Attachment 1 - Ordinance Homeless Transport (Revised)

17.B

CITY COUNCIL ORDINANCE NO. 2045

CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2045

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, ADDING SECTIONS 53-10 TO THE HEMET

MUNICIPAL CODE PROHIBTING GOVERNMENT-SPONSORED

UNSANCTIONED TRANSPORT OF HOMELESS PERSONS

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

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

SECTION 2. Section 53-10 is hereby added to the Hemet Municipal Code to read as follows:

Sec. 53-10 Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons Ordinance.
(a) Purpose and Intent of Section
This section shall be known as the Prohibition of Government-Sponsored Unsanctioned Transport of Homeless Persons Ordinance. The purposes of this section are to: (1) help preserve the City’s limited homelessnessrelated resources (including shelter and outreach) for the benefit of individuals residing in the City of Hemet, (2) encourage the appropriate government agencies to provide shelter, care, outreach, and other homelessness-related resources to the persons experiencing homelessness within their jurisdictions, rather than simply just transporting these individuals to the City of Hemet, and (3) prevent government agencies from engaging in cruel and inhumane treatment of unhoused individuals. (b) Prohibition of Government-Sponsored Unsanctioned
Transport of Homeless Persons

17.B

CITY COUNCIL ORDINANCE NO. 2045
(1) No person shall transport and drop-off an individual on public property, or private property that is accessible to the public, within the City of Hemet, when the person being transported and dropped-off lacks a fixed, regular, and adequate nighttime residence.
(2) A person “lacks a fixed, regular, and adequate nighttime residence” within the meaning of subdivision (a) above when that person:
(A) Has a primary nighttime residence that is a public or private place not meant for habitation; or
(B) Lives in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, and local government programs); or (C) Is exiting an institution where they have resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution. (3) The prohibition contained in subdivision (b)(1) above shall not be interpreted to prohibit the following authorized activities:
(A) Transporting a person to be booked into a County Jail or admitted to a County-designated custody alternative facility (e.g., a County-designated sobering center); or
(B) Transporting a person to be treated at a hospital or other medical facility; or
(C) Transporting a person to reside at a shelter, temporary housing, or permanent housing, when the officer, agent, or employee has independently verified that the individual being transported has already been accepted to reside at the facility; or
(D) Transporting a person to attend a verified appointment with a governmental or non-profit social service provider; or (E) Transporting a person to attend a verified hearing at the Riverside County Superior Court; or

17.B

CITY COUNCIL ORDINANCE NO. 2045
(F) Any transportation or drop-off activities undertaken by the City of Hemet within the City of Hemet; or
(G) The operations of a governmental provider of public transportation, such as the Riverside Transit Agency.
(c) Penalty
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 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. 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 Code 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.

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

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

SECTION 5. Notice of Adoption. The City Clerk shall publish this Ordinance in the manner required by law.

17.B

CITY COUNCIL ORDINANCE NO. 2045
////
INTRODUCED at the regular meeting of the Hemet City Council on October ___, 2024
APPROVED AND ADOPTED this ___ day of _________________, 2024. ______________________________
Joe Males, Mayor
ATTEST:
____________________________
John Paul Maier, City Clerk

17.B

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 22 2024
Department: Library
Submitted by: Mark Prestwich, City Manager
Kathye Caines, Library Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Accepting the 2024-25 Literacy Grant of $25,000 for Adult Literacy Provided by the California State Library Literacy Services for the Hemet Public Library and Authorize the Administrative Services Director to Increase General Fund Estimated Revenues by $5,000
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accept the 2024-25 Literacy Grant of $25,000 for Adult Literacy Provided by the California State Library Literacy Services to the Hemet Public Library and Authorize the Administrative Services Director to Increase General Fund Estimated Revenues by $5,000.

BACKGROUND:

In 1985, the Hemet Public Library began providing Adult Literacy services to Hemet and surrounding communities. The Hemet Public Library Literacy Program supports 67 learners with eight active tutors. Interested tutor volunteers are always welcome to explore VolunteerMatch.org and apply through the City of Hemet's job portal for details about tutoring.

The California State Library Literacy Services has funded this program for $25,000 for fiscal year 2024-25. Funding will offset the cost of salary and benefits. The California State Library supports our Adult Literacy program by providing ongoing training for Literacy Coordinators and Library Management. Tutor training is provided in person and online. Volunteers can access online courses through the Hemet Library's customer login page on ProLiteracy.com.

ANALYSIS:

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As the median income improves, property taxes increase and crime rates decrease. Communities with high literacy rates attract employers who offer higher-paying jobs as the median income improves.

DISCUSSION:

The Hemet Public Library Literacy program has produced learners who have gone on to college and several who have earned Associate degrees or higher. Others have been able to obtain their driver's licenses, work certifications, and pass their citizenship test to become naturalized United States citizens. Many learners have started businesses in the community. Quite a few have been able to find better jobs due to the life skills learned in the Adult Literacy Program. This program is a vital resource provided to the community; the grant provided by the State secures the program's continuance.

The following facts highlight the benefits of the program:
 California has one of the lowest per capita rates of literacy for adults in the nation.  Across the nation, more than 36 million adults in the United States cannot read, write, or do basic math above a third-grade level.
 Low literacy rates end up costing Americans up to $2.2 trillion every year.  Some $232 billion in annual healthcare costs are linked to low adult literacy skills.  1.5 million people with the lowest levels of literacy are incarcerated.  A one percent increase in the high school completion rate of all men ages 20-60 would save the US as much as $1.4 billion per year in reduced costs from crime.  A one percent increase in average literacy rates yields a 1.5 percent permanent increase in the gross domestic product (GDP) or a $2.3 billion increase.  Forty-three percent of adults with the lowest literacy levels live in poverty.  Sixty-one percent of low-income children have no books at home.  California has the lowest literacy rate in the country, with 23% having little to no proficiency in reading skills.
 36% of Californians have a numeracy level that is at or below Level 1 or an elementary school reading level. https://libraryliteracy.org/about/need/.  Many learners cannot fill out a job application, take a driver's permit test, or even read a bedtime story to their children.
 Statistics show that in communities with higher literacy rates, crime rates drop, the economy improves, and the community has a higher quality of life.  Learners work with volunteers one-on-one and have begun learning digital literacy skills, as most jobs require some digital knowledge.

PREVIOUS COUNCIL ACTION:

The Council approved the FY2021-22 Acceptance Grant for Adult Literacy on October 12, 2021.

The Council approved the FY2022-23 Acceptance Grant for Adult Literacy on October 25, 2022.

The Council approved the FY2023-24 Acceptance Grant for Adult Literacy on October 24, 2023.

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: Increase Public Safety visibility and response. Statistics indicate that communities with

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higher literacy rates have lower crime rates.

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: Provide resources for new businesses to enhance the customer service experience. Provides community members with educational means to enhance their economic opportunities to find better paying jobs GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

The proposed action aligns with Council adopted objective: Develop concepts and programs to enhance the quality of life services; and develop programs to offer support to the community's businesses.

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

The proposed action aligns with Council adopted objective: Operate in a financially sustainable manner; and evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

The fiscal year 2024-25 Adopted Budget included estimated revenues of $20,000 in account 110- 0569 (State Library Literacy Grant). Acceptance of the California Literacy Grant in the amount of $25,000 will result in an increase of General Fund revenues of $5,000.

ALTERNATIVE(S):

Alternatively, the City Council may reject the grant and suspend the Adult Literacy Program.

ATTACHMENT(S):

Attachment 1 Resolution Literacy Grant 2024-25
Attachment 2 CLLS24-25_Hemet_LiteracyServicesGrant
Attachment 3 2024-2025 CLLS Projected Award Information - Hemet Public Library Attachment 4 CLLS24-31 Hemet PL AC

17.C

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, ACCEPTING THE 2024-25
LITERACY GRANT OF $25,000 FOR ADULT LITERACY

PROVIDED BY THE CALIFORNIA STATE LIBRARY

LITERACY SERVICES TO THE HEMET PUBLIC LIBRARY

AND AUTHORIZING THE ADMINISTRATIVE SERVICES

DIRECTOR TO INCREASE GENERAL FUND ESTIMATED
REVENUES BY $5,000
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Hemet Public Library is a department of the City of Hemet (“City”) and is a recipient of an Adult Literacy Grant from the California State Library Literacy Service in the amount of $25,000 from the California State Library; and WHEREAS, the Hemet Public Library provides Adult Literacy services to residents of Hemet and the San Jacinto Valley; and
WHEREAS, the Adult Literacy Grant from the California State Library provides funding for the Literacy Coordinator; and
WHEREAS, with better literacy rates, the City will have an opportunity to benefit from a stronger tax base and improve the quality of life for residents as residents are better equipped to find higher-paying jobs; and

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

SECTION 1. The City of Hemet will accept a grant from the California State Library as funded by the State of California for the Sum of $25,000 for the Fiscal Year of 2024-25.

17.C

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
SECTION 2. Direct the Administrative Services Director to increase General Fund estimated revenues by $5,000
SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on October 22, 2024.

PASSED, APPROVED AND ADOPTED this 22th day of October, 2024.

17.C

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
PASSED, APPROVED AND ADOPTED this 22th day of October, 2024. ____________________________
Joe Males, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.C

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 22th day of October, 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.C

RARY
‘ LA .i

STATE LIB
California Librar Literacv Services Allowable and Unailowobie Expenses [email protected]
California Libra! LiieracvServices Mission Values armProaram Essentiais Caiifomia LibramLiieracy
Docusign Envelope ID: O084966E-FEFO-43AC-8340-
LIF
August 22, 2024
Kathye Caines
Hemet Public Library
300 E. Latham Ave.

Hemet, CA 92543
Dear Ms. Caines,
We're pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.

The state budget continues to provide $7.32 million in California Library Literacy Services funding for Adult Literacy Services and Family Literacy Services.

Your total award amount for the 2024—2025fiscal year beginning July 1, 2024, is:

Adult Literacy Services: $25,000
Total Award: $25,000
Your award willbe claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your total award:
0 Total Initial Award Amount: $22,500
information about claiming the rest of your award isincluded in the payment schedule at the end of your award packet.

You must encumber your funds by June 30, 2025. You must fully expend funds by September 30, 2024, in accordance with your approved budget on file with the State Library.

Encumbered funds are those that have been deposited in the grantee's accounting system and for which a budget has been provided to and approved by the State Library.

Review the
guidelines to ensure program expenditures are consistent with the California Library Literacy Services allowable expenses. Ifyou have questions about expenses or expending award funds, contact Allyson Jeffredo at
We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the .Additional
California Library Literacy Services resources can be found on the Services website.

Library—Courts Building 916—323-9759
PO. Box 942837 csl—adm@|ibrary.ca.gov
Sacramento, CA 94237—0001 www,library.ca.gov

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w" 9
’ '”
§STATLIBRARY
[email protected]
Erika: snmmucm
beverly.schwortzberg©?brmy.cugov
ullxson.‘[email protected]
stategronts.fiscal@librom,co,gov
SCorong@hem§rcc.gov
Docusign Envelope ID: 0DB4966E-FEFO-43AC-8340-D647FF2A45FA The payment process begins when we receive your completed and signed claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance included in this packet. Allforms should be completed and signed through DocuSign to be processed for payment.

Our library literacy staff are available to assist you throughout the year. Contact your Advisor Beverly Schwartzberg and your Grant Monitor Allyson Jeffredo at with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
Greg Lucas
California State Librarian
Cc: BeverlySchwartzberg,
Allyson Jeffredo,
State Library Fiscal Office,
Susan Corona,
Enc: Re: CLLS24—31:Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
1F
Library—Courts Bui|ding 916-323-9759
PO. Box 942837 csl—[email protected]
Sacramento, CA 94237—0001 www.|ibrary.ca.gov

17.C

Docusign Envelope ID: 0084966E—FEFO-43AC-8340-D647FF2A45FA Hemef Public Library
ollvson.ieffredo@|ibrorv.co.qov

THEBASICS- YOURGRANTAWARD
The following provides basic information about your grant and managing your grant Award #: CLLS24—3l
Library Hemet Public Library
Total Award Amount: $25,000

APPROVED ALSBUDGET
Salary, Wages, and Benefits $21,568
Consultant Fees $ 0
Travel $ 0
Supplies & Materials 55646
Equipment ($5,000 or more per unit) $ 0
Services $1,377
Subtotal $23,59i
Indirect $1,409
Grant Total $25,000
Start Date Upon execution
End Date June 30, 2025
It can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. Ifyou have not received your payment after eight weeks, please contact your grant monitor.

CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:

Literacy Analyst: Allyson Jeffredo
Phone Number: l9i6l 603—6709
Email Address:

Library Programs Consultant Beverly Schwartzbera
Phone Number: (916) 701—6880
Email beverlv.schwor’[email protected]

17.C

cEsznIszMn
Docusign Envelope ID:0084966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim isin all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

The claims the indicated allowance for the purposes of carrying out the functions stated in its California Library Literacy Services application and in Sections 18880—18883of the California Education Code. 300 E. Latham Ave., Hemet, CA 92543

SIGNED DATE
9/5/2024
Signature — Authorized representative
Kathye Catnes
Typed/Printed Name and Titleof Authorized Representative [email protected]
Email address of authorized representative
—nI-_-q——_-—————F —-—‘ ,--Fn—~——FF—,—,—g—I

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Docusign Envelope ID:0D84966E-FEFO-43AC—8340-D647FF2A45FA Hemet Public Library
PROJECT INFORMATION:

Invoice #: CLLS24—3l
Project Title: California Library Literacy Services
Grantee: Hemet Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2025

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Manage Your Current Grunt
Docusign Envelope ID: 0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemef Public Library
ToTal Award: $25,000
PAYMENTSCHEDULE:

Libraries receive 90% of TheirToTaIaward amounT upon receipT of The award leTTer.

Libraries receive The final 10%paymenT of TheirToTaIaward afTer successful complefion of The California Library LiTeracy Services Mid—YearReporf form.

NOTE: Libraries have 15 monfhs To spend TheirCalifornia Library LiTeracy Services award funds, from July 1, 2024, in which The funds are awarded unTiISepTember 30 of The following year.

ToTal award
IniTialPaymenT (90% of ToTaIaward) $22,500
Final PaymenT (10% of ToTaIaward) $2,500
ToTal: $25,000
REPORTING:

Libraries are required To submiT a mid-year financial and narraTive reporf and a final reporT. Reminder emails willbe senT ouf beginning sixweeks before The required reporT is due.

Allrequired reporTing maTeriaIs willbe locaTed on The California STaTe Library‘s websiTe. The reporting schedule is deTailed below.

Mid—YearReporf Due January 31, 2025
Final Reporf Due SepTember 30, 2025
NOTE:A budgef modificafion form willbe required for a_|| budgeT changes regardless of amounT. ModificaTion forms may be submiTTed ThroughouT The year buT no IaTer Than May 31.

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E!
m STATE LIBRARY
F

AWARD AGREEMENTAND

CERTIFICATEOF COMPLIANCE
Docusign Envelope ID4444444444444444444444444444444444444

17.C

E3STATE LIBRARY
Docusign Envelope ID:0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023-2024 CLL324-
Page31 I of 29

TABLEOF CONTENTS
PROJECTSUMMARY 2
PROCEDURESand REQUIREMENTS 3
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBITA: TERMSand CONDITIONS 7
EXHIBITB:CERTIFICATIONof COMPLIANCE FORMS 22
EXHIBITC: CALIFORNIALIBRARYLITERACYSERVICES 26

17.C

‘
‘ _ ‘
\ Ea?STATELIBRARY
Docusign Envelope ID: 0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023-2024 CLLS24—
Page31 2 of 29

PROJECTSUMMARY
AWARD AGREEMENTBETWEENTHESTATELIBRARYand Hemet Public Library for the California Library Literacy Services project.

AWARD AGREEMENTNUMBERCLL524-31
ThisAward Agreement (“Agreement") is entered into on July 1, 2024, by and between the California State Library (“State Library") and Hemet Public Library, (“Grantee").

ThisAward Agreement pertains to Grantee‘s State-funded California Library Literacy Services project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $25,000 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

17.C

E3STATEVLIBRARY
Docusign Envelope ID: 0D84966E-FEFO-43AC-8340—DG47FF2A45FA Hemet Public Library
California Library Literacy Services
2023—2024CLLS24-
Page31 3 of 29
PROCEDURESand REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2024, and ends June 30, 2025. The project's final expenditure date isSeptember 30, 2025. If completion of the project occurs prior to the end of the grant period, this willbe the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30, 2025, and all eligible program costs must be incurred by this date.

B.Scope of Work

1. Grantee agrees to perform all activities specifically identified in the Grantee's application and submitted to the State Library in response to the California Library Literacy Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
0 Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP).

Make financial records available to the State Library upon request.

Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.

Prepare and submit required narrative and financial reports.

Procure equipment, and other supplies as needed for the project.

Issue contracts for services, personnel, and consultants as needed for the project.
0 If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors. - Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee's application. The

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Docusign Envelope ID:0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023—2024CLLS24—
Page31 4 of 29
Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports

1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

Allthe reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
July 1 - December 31 Mid—YearReport Due January 31, 2025 July 1 - June 30 Final Report Due September 30, 2025

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever islater. Please refer to ExhibitA, Terms and Conditions for more information.

In addition to the foregoing, the Grantee shall submit to the State Library such periodic reports, updates, documents and any information as deem necessary by the State Library to monitor compliance and/or perform program

17.C

Docusign Envelope ID:O084966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023—2024CLL524-3l

evaluation. Any requested data or information shall be submitted in electronic format on a form specified by the State Library.

E. Claim Form and Payment

1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms willbe issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign isunallowable or inconsistent with practices and policies of the local jurisdiction. Ifthe use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. Thiswould be to increase the allotment with the understanding that there willbe corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
if the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

The Award payments willonly be made to the Grantee. It isthe Grantee's responsibility to pay all contractors and subcontractors for purchased goods and services.

The Final Payment of 10% (ifapplicable) willbe withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

Prompt Payment Clause
The California State Library willmake payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. sea.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

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Docusign Envelope ID:OD84966E-FEFO-43AC-B340—D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023—2024CLLS24—
Page31 6 of 29

8. Budget Contingency Clause
Cl. It is mutually agreed that ifthe Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.

Iffunding for any fiscal year isreduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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Ea}STATE LIBRARY

1. Accessibility:
mg
Accessibxlity Standards.

Acknowledgment:

Docusign Envelope ID:OD84966E-FEFO-43AC-8340-DG47FF2A45FA Hemet Public Library
California Library Literacy Services
2023-2024 CLLS24—
Page31 7 of 29
EXHIBITA: TERMSand CONDITIONS
The State isresponsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting itsresponsibility. Therefore, all project materials generated by state funded programs must meet the Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and ii 135, and the current Web Content Accessibility Guidelines, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, iffor some reason project material is not generated to be in compliance to meet these standards, please stillsubmit it to the State Library. When submitting the material make sure to note that the material is not accessible by including "NOT ACCESSIBLE" in the file name.

The California State Library reserves the right to post project materials to itswebsite that are in compliance with these standards.

2. The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This[publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library."
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. Ifspace islimited the State Library logo and the following shortened acknowledgement statement is acceptable:

17.C

nic: State Library website
Amendment
A Iicable low:

Assignmen? Successors and Asgigns:

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“Funding provided by the State of California.”
c. Thiscredit line on products of a project, such as materials, isimportant to foster support from the public, and state funding sources. a. California State Library Logo: Use of the California State Library logo, which can be downloaded on the Califor , isrequired on
any publication, vehicle wrap, or promotional material along with the above statementjs).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It isrecommended that you use a photo release form when taking photos of the public. You may use your library's photo release form or contact your grant monitor for the State Library's form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Grantee issolely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.

4. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. ThisAgreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. l The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation isincurred isSacramento County, California.

6. The Grantee may not assign this
Agreement or delegate its performance to any third—party person or entity, either in whole or in part, without the California State Library's prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for

17.C

Authorized Regresentg?ve:

Allyson.‘effredo@l|§rum.cg.gov
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a minimum of five (5) years offer fhe final paymenf, or granf ferm end dafe, whichever isIafer, unless a longer period of records refenfion issfipulafed, or unfil complefion of any acfion and resolufion of all issues which may arise as o resulf of any lifigafion, dispufe, or dudif, whichever islafer. The Granfee agrees fo allow fhe audifor(s) access fo such records during normal business hours and To allow inferviews of any employees who mighf reasonably have informafion relafed fo such records. Furfher, fhe Granfee agrees fo include a similar righf of fhe Sfafe fo audif records and inferview sfaff in any subconfracf relafed fo performance of fhis Agreemenf.

Examples of audif documenfafion may include, buf nof limifed fo, compefifive bids, granf amendmenfs, if any, relafing fo fhe budgef or work plan, copies of any agreemenfs wifh confracfors or subconfracfors if ufilized, expendifure ledger, payroll regisfer enfries, fime sheefs, personnel expendifure summary form, fravel expense log, paid warranfs, confracfs and change orders, samples of items and maferials developed wifh granf funds, invoices and/or cancelled checks.

Granfee and The California Sfafe Library mufually
represenf fhaf fheir aufhorized represenfafives have fhe requisife legal aufhorify fo sign on Theirorganizafion's behalf.
. Communicafion: Allcommunicafions from eifher parfy, including an inferim check-in of any fime during fhe granf ferm, shall be direcfed fo fhe respecfive granf manager or represenfdfive of fhe California Sfafe Library or Granfee. For Thispurpose, The following confacf informafion is provided below:

Hemef Public Library [California Sfafe Library]
Kafhye Caines Allyson Jeffredo
300 E. Lalham Ave. [900 N Street
Hemef, CA 92543 [Sacramenfo, CA 95814]
[email protected]

17.C

Confidentiality:

Co or and Subcontractors:

Cogyright:

Discharge of Grant Obtigotions:

Disgute Resolution:

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Grantee willmaintain as confidential any material it
receives or produces that is marked Confidential or isinherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Librawagrees to maintain this status in conformity with the Public Records Act.
ntract Nothing contained in this Grant
Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it isfor the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from the State‘s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

Grantee owns and retains titles to any copyrights or
copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (i7 U.S.C. iOi, etseq.) Grantee isresponsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

The Grantee's obligations under this
Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. Ifthe Grantee is a non-profit entity, the Grantee's Board of Directors shall accept and certify as accurate the final report prior to itssubmission to California State Library.

In the event of a dispute, Grantee willdiscuss the
problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute" with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final.

17.C

Drug-free Workgluce:

Effectiveness of Agreement:

En?re Agreement:

Exclusive Agreement:

Execufve Orde; N-é—Zg-Eussia Sanctions: T
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Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with itsresponsibilities under this Agreement during any dispute.

The Grantee certifies under penalty of perjury under
the laws of California, that the Grantee willcomply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug—free workplace by taking the following actions:

0. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
i) The dangers of drug abuse in the workplace.
2) The Grantee's policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee's drug—free workplace policy statement.
2) Agrees to abide by the terms of the Grantee's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

ThisAgreement is of no force or effect until
signed by both parties.

ThisAgreement supersedes all prior agreements, oral or
written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

Thisisthe entire Agreement between the California
State Library and Grantee.
he Grantee shall comply with
Executive Order N—6-22(the E0) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions" refers to sanctions imposed by the US. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The E0 directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are

17.C

Failure 10 Perform:

For M'ur:

Forfeit of Gram Funds and Repcvment of Funds Improperly Exoended:

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11. 12.

13. 14.

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determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee's request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

The grant being utilized by the Grantee isto benefit the California Library Literacy Services project. Ifthe Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.

Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee's payments or make FICA payments on the Grantee's behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee's behalf; or
c. Withhold Federal or State income taxes from Grantee's payments Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

If
grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

17.C

Fringe Benefii lneligibiiiry:

Generally Accegted Accounting Princiglgs:

Grantee:
ggrunfgg Agcoggmobil'ty:

Grantee Eunds:

Indegendent Action:

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16. l7.
l8.

19. 20.

21. 22.

Hemet Public Library
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2023-2024 CLL324-3l

Grantee agrees that neither the Grantee nor its
employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

The Grantee isrequired to use
Generally Accepted Accounting Principles in documenting all grant expenditures.

Grant Monitor: The Grant Monitor's responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and, in a manner, consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
the government or legal entity to which a grant is awarded, and which is accountable to the California State Library for the use of the funds provided.
a. The grantee willmake reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee's application and award agreement. The grantee willkeep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

The Grantee is ultimately responsible and
accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even ifthe Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

It is mutually agreed that the Grantee isresponsible for furnishing funds beyond the grant award that may be necessary to complete the project.

Grantee reserves the right to fulfillits obligations under this Agreement in an independent manner, at any location and at any time within the agreed—upon timeline. Grantee's employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide

17.C

Indemnification:

Limitation of Exgendifure
Lobbying:

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23. 24.

25. 26.

27. HemeT Public Library
California Library LiTeracy Services
2023-2024 CLLS24-31

any personnel or oTher resources beyond The granT award and is noT required To provide Training in connecTion wiThThisAgreemenT.

Granfee agrees To indemnify, defend and save harmless
The STaTe of California, The California STaTe Library and iTsofficers, employees, and agenTs, from any and all claims, losses, and liabiliTies accruing or resulTing To any and all conTracTors, subconTracTors, suppliers, laborers and any oTher person, firm or corporaTion furnishing or supplying work services, maTerials, or supplies in connecTion wiThThe performance of ThisAgreemenT, and from any and all claims and losses accruing or resulfing To any person, firm or corporafion who may be injured or damaged by GranTee in The performance of ThisAgreemenT.

License To Use: The California STaTe Library reserves a fully paid-up, royalTy— free, nonexclusive, sub-licensable and irrevocable license To reproduce, publish, prepare derivaTive works, disTribuTe or oTherwise use, and To auThorize Thirdparfies To use, any maTerial received or mainfdined by GranTee in connecTion wiThThisAgreemenT. Thisincludes inTellecTual properTy, wiThor wiThouTThird-parTy righTs. Allsuch usages willbe for public library and STaTe governmenTal purposes:
a. The copyrighT in any work developed under ThisgranT, sub-granT, or conTracT under ThisgranT or sub-granT; and
b. Any righTsof copyrighT To which a Granfee, sub-granTee, or a conTracTor purchases ownership wiThgranT supporf.
: ExpendiTure for all projecTs musTconform To The
granTee’s approved budgeT and wiThapplicable STaTe laws and regulaTions. The ToTalamounT paid by The California STaTe Library To The Granfee under ThisagreemenT shall noT exceed $25,000 and shall be expended/encumbered in The designaTed award period.

During The award period, The granTee may find ThaTThe awarded budgeT may need To be modified. BudgeT changes, requesTs for addiTional funds, or requesTs for reducTions in award funding musT be discussed wiThThe assigned STaTe Library GranT Monifor and a GranT Award ModificaTion may be required To be submiTTed according To The insTrucTions.Approval is by The STaTe Librarian or Theirdesignee. AdjusTmenTsshould be reporTed on The next financial reporT. Any adjusTmenTs in approved budgeTs musT be documenTed and documenTaTion reTained in projecT accounTs.

GranTee confirms ThaTThe granT funds willnoT be used for The purposes of lobbying or oTherwise aTTempTing To influence legislaTion, as Those purposes are defined by The U.S. Infernal Revenue Code of 1986.

Non—Discriminafion Clause: During ThisgranT period, The GranTee and The GranTee's conTracTors, and subconTracTors shall noT unlawfully discriminafe,

17.C

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9 harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, menial disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code §i2900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., fit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ i i 135-l 1139.5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and itsfacilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs, tit. 2, §l1105.) Grantee shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

Notices: Allnotices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:

0. Electronic Mail (E-mail): When sent by e—mailto the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification willbe sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library‘s Grants Management System a notification will be sent to the last e—mailaddress of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.

17.C

Order 01 Precedence:

Laymgn?
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e. U.S. Mail: Five days after being deposited in the U.S.Mail, postage prepaid, and addressed to recipient's address as stated in this Agreement.

The performance of this Agreement shall be
conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as "Terms"). Grantee's California State Library— approved Application (Grantee's Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:

0. b.
a. Grant Agreement Coversheet and any Amendments thereto . Terms and Conditions
Procedures and Requirements
Certificate of Compliance
Project Summary
Grantee's Application (including Budget and Activities Timeline) Allother attachments hereto, including any that are incorporated by reference.
torment?
The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee's Application at only those costs specified in the Budget and incurred in the term of the Agreement.

The Grantee shall carry out the work described in the Work Plan or in the Grantee's Application in accordance with the approved Budget and shall obtain the Grant Monitor's written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee's Application, or the approved Budget prior to performing the changed work or incurring the changed cost. Ifthe Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
. The Grantee shall request funds in accordance with the funding schedule included in this agreement.

17.C

Personnel Costs:

Pledge:

Privacy Protection:

Prohibifed Use:

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34. 35.

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d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee's eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information).
f. Payment willbe made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.

Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant—related activities and on the actual salary or equivalent hourly wage the employee is paid for their regularjob duties, including a proportionate share of any benefits to which the employee is entitled.

ThisAgreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee isresponsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

Both parties agree to protect the confidentiality of any non—public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section i798, et. sea.

The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

17.C

Publicity Obligations:

Rgggrds:

Reduction of Waste:

Reimbursement Limifg?gns:

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Public Records Act: Material maintained or used by the California State Library is considered ”public record" under the Public Records Act (PRA) at Government Code, sections 6250, et. sea. Thisincludes the Interim and Final reports, and any other written communications between the parties.

Grantee agrees to ensure that all content contained in itswritten reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

Grantee willnotify the State Library of any
promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials willbe provided to the State Library. Grantee willacknowledge the State Library's support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of—term. The State Library may monitor or conduct an onsite evaluation of Grantee's operation to ensure compliance with this Agreement, with reasonable advance notice.

In the performance of this Agreement, Grantee shall
take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used: alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

Under no circumstances shall the Grantee seek
reimbursement pursuant to this Agreement for a cost or activity that has been or willbe paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

17.C

Regorfs and Claims
§elfADec|ling and Arm's Lengih Tronsactigns:

Severabilify:

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: it isthe responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures willpermit.
d. The final 10%of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient's administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
0 $22,500 upon execution of the agreement and submission of claim by the grantee organization.
0 A second payment willbe made after the submission and approval of the firstreports and receipt of claim form in the amount of $2,500.

Allexpenditures for which
reimbursement pursuant to this Agreement issought shall be the result of arm's-length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm's—length transactions" are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity‘s business and the entity chooses the lowest of the resulting bids. "Self—dealing” isinvolved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

If any part of this Agreement isfound to be unlawful or unenforceable, such provisions willbe voided and severed from this Agreement, but the remainder of the provisions in the Agreement will

17.C

Termination:

Woivgr of Right;
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44. Site Visits: The Grantee shall allow the California State Library to access and

45. 46.

47. 48.
conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visitthe State funded project.

The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days.

Iffunding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

Unused Funds: At the end-of—term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds willbe considered unexpended or unaccounted ifthey were: (i) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.

Funds willalso be considered unaccounted for, and must be returned, ifthe proposal outcomes or deliverables are materially incomplete by the end-ofterm or earlier termination, as determined by the State Library in itssole discretion.

California State Library shall not be deemed to have
waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library's right otherwise to demand strict compliance with

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Work Products:

Worker's Comgenso?on:

Docusign Envelope ID: 0D84966E-FEFO-43AC-8340—D647FF2A45FA

49. 50.

Hemet Public Library
California Library Literacy Services
2023-2024 CLLS24-
Page3121 of 29
that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library's rights or of any of grantee‘s obligations as to any future transactions. Whenever the consent of California State Library isrequired under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent isrequired and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

The State of California willnot provide Workers'
Compensation insurance for Grantee or Grantee's employees or contract personnel. IfGrantee hires employees to perform services required by this Agreement, Grantee shall provide Workers' Compensation insurance for them. The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers‘ Compensation or to undertake self—insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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E3STATELIBRARY
STAYEMENTOF COMPLIANCE:

DRUG-FREEWORKPLACE REQUIREMENTS:

Docusign Envelope ID: 0D84966E-FEFO-43AC—8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023—2024CLL524-
Page3122 of 29
EXHIBITB:CERTIFICATIONof COMPLIANCE FORM

1. AUTHORIZEDREPRESENTATIVE: I certify that the authorized representative named below isthe legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and l have the legal authority to do so.

3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreementls) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee willcomply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $25,000. Thi award willprovide s library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.

6. Grantee has, unless exempted, complied with
the non-discrimination program requirements. (Gov. Code §1299O (a-f) and CCR, Title 2, Section li102).

7. Grantee willcomply with the
requirements of the Drug—Free Workplace Act of 1990 and willprovide a drug—free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug—Free Awareness Program to inform employees about:

I) the dangers of drug abuse in the workplace;

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Docusign Envelope ID: 0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023—2024CLL824—
Page3l 23 of 29
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
i) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

8. CONFLICTOF INTEREST:Grantee needs to be aware of the following provisions regarding current or former state employees. lf Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives
compensation or has a financial interest, and which issponsored or funded by any state agency, unless the employment, activity or enterprise isrequired as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a. For the two—year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decisionmaking process relevant to the contract while employed in any capacity by any state agency
b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12—monthperiod prior to his or her leaving state service.

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lABOR CODElwokKERS' COMPENSAT
RESOLUTION:

ACCESSIBILITY:

NON-DISCRIMINATION:

Docusign Envelope ID: 0D84966E-FEFO-43AC-8340—D647FF2A45FA

10. 11.

12. 13.

14. 15.

Hemef Public Library
California Library Literacy Services
2023-2024 CLLS24—
Page3124 of 29
IfGrantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section ifthey do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

ION: Grantee needs to be aware of
the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self—insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

AMERICANSWITHDISABILITIESACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 ef. seq.)
For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

PAYEE DATA RECORDFORMSTD.204; Thisform must be completed by all Grantees that are not another state agency or other governmental entity.

DRUG FREEWORKPLACE:
a. Continue to provide a drug—free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug—Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government—wide
implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug— Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701—707).
b. Thisincludes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug—free workplace; publishing a drug—free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

The organization receiving this award, as listed in the certification section below, and all program staff, willensure all project materials willmeet California accessibility standards.

The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all

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ACKNOWLEDGEMENT
Docusign Envelope ID:0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023—2024CLLS24-31

16. : The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.

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g .; wx‘jgw 15:}STATE LIBRARY
Sections l8880~18883
Roles and
Goals framework
grogrom values
Docusign Envelope ID: 0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemef Public Library
California Library Literacy Services
2023-2024 CLLS24—
Page3i 26 of 29
EXHIBITC: CALIFORNIALIBRARYLITERACYSERVICES

GUIDELINES

1. California Library Literacy Services programs shall comply with the requirements in of the California Education Code.

2. California Library Literacy Services programs shall train and recruit volunteers to serve as tutors. Volunteer tutors are the primary instructors for the program.

3. California Library Literacy Services programs shall seek local government and community resources and develop cooperative relations with other local literacy services providers.

4. California Library Literacy Services programs willprovide a base level of local and private fiscal support to be established by the California State Library.

5. In response to an expressed and recognized need from the field for specific program requirements, the California State Library and related stakeholders created a framework and program essentials. The framework and essentials describe what constitutes an effective program:
a. California Library Literacy Services programs must use the to implement and evaluate their literacy services.
b. California Library Literacy Services programs' staff must attend their regional Library Literacy Network Meetings.
c. Tutor training for volunteers should include, at a minimum, a program orientation, tutoring basics, and instruction on learner—driven services. d. California Library Literacy Services programs must align with the following '
i. California Library Literacy Services islibrary based; ii. California Library Literacy Services is a core library service; iii. California Library Literacy Services islearner-driven; iv. California Library Literacy Services is community-focused; v. California Library Literacy Services is volunteer-supported:
vi. California Library Literacy Services staff is professionally engaged; and
vii. California Library Literacy Services supports families.

6. California Library Literacy Services Family Literacy programs (if applicable) shall provide services to prevent illiteracy through coordinated literacy and preliteracy services to families. Recruitment of parents not previously Ll

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Family Literacy
mum .,
My CA».

L "um.“
Docusign Envelope ID: 0084966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023—2024CLLS24—3]

included in public library literacy programs is a high priority. Family Literacy programs are implemented and evaluated using the
Evaluation Framework.

Certification

ORGANIZATION
Name: Address {official and complete):

Hemet Pubiic Library 300 E iatham Ave Hemet, CA 92543

PROJECT COORDINATOR
Name: Susan Corona
Email: [email protected] Phone: 951—765—3856

GRANTTEEAUTHORIZEDREPRESENTATIVE
Name: Kathye Caines Title: Library Manager
Email: [email protected] Phone: 951—765—2447
Signature: Date: 9/5/2024

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1 , E:STATE LIBRARY
Docusign Envelope ID: 0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023-2024 CLL524-31

Authorized Representative Signature

ORGANIZATION
Name: Address (official and complete):

Hemet PubTic Library 300 E Latham Ave Hemet, Ca 92543

AUTHORIZEDREPRESENTATIVE
Signature: Date: 9/5/2024
Printed Name of Person Signing Title: Library Imam—wer Kathye Catnes

STATEOF CALIFORNIA
Address: 900 N Street, Sacramento, CA 95814
Signature: Date: 9/4/2024
Printed Name of Person Signing:

Greg Lucas
Agency Name: California Slaie Library

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.iSTATELIBIiAkY
hmn:l/www.QOV.ca.qov/wD-comenl/uoloads/
Ordergdf
hllps:l/home.{reasurv.Gov/policv—‘rssues/financial~sanctionslsanctions~ Droqrams-and-counIrv-infcrmatiun/ukraine-russia-related‘sanctions Docusign Envelope ID: 0D84966E-FEFO-43AC-8340-D647FF2A45FA Hemet Public Library
California Library Literacy Services
2023-2024 CLLS24—
Page3i 29 of 29
20 August 2024
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The E0 is located at 2022/03/3.4.22-Russia-Ukraine-ExecutiveThe E0 directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the US. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.

This correspondence serves as a notice under the E0 that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the E0 and the sanctions identified on the US. Department of the Treasury website (
). Failure to comply
may result in the termination of contracts or grants, as applicable.

Please note that for any agreements or grants valued at $5 millionor more, a separate notification will be sent outlining additional requirements specified under the E0.

Annly Roman
California State Library
900 N Street
Sacramento, CA 95814

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Docusign Envelope ID: 0084966E-FEFO-43AC-8340-D647FF2A45FA ned by:

UFRi

CA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES

FINANCIAL CLAIM
1st PAYMENT
Grant Award #: CLLS24-31 Date: 9/5/2024
Invoice #: CLL824-31-01 PO #: 7577
Payee Name: City of Hemet
(Legal name of authorized agency to receive, disburse and account for funds“) Complete Address: 300 E Latham Ave Hemet , CA 92 543
Street Address, City, State, Zip Code (Warrant willbe mailed to this address) Amount Claimed: $22,500 Type of Payment:
(Payable Upon Execution of Agreement) PROGRESS
Grantee Name: Hemet Public Library FINAL
(Name on Award Letter and Agreement) |N FULL
Project Title California Library Literacy Services [I AUGMENT For Period From: upon execution to end of grant period

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the Authorized Representative)
Kathye cat has Library Manager
(Print Name) (Title)
*Legal payee name must match the payee's federal tax return. Warrant willbe made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. Ifyou need to change payee name and/or address, please contact Fiscal Services at
State of California, State Library Fiscal Office
ENY: 2024 ITEM NO: 6120-213—0001,Chapter 22, Statutes of 2024 PURCHASING AUTHORITY NUMBER:CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: LS or N/A
By Date 9/10/2024
(State Library Representative)

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Tax Identi?callon
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Docusign Envelope ID: 0D84966E-FEFO-43AC-8340-D647FF2A

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev 03/2021) NAME (This is required Do not leave this line blank. Must match the payee's federal tax return) DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number. street, apt or suite no.) (See instructions on Page 2) CORPORATION (see instructions on page 2)
:I MEDICAL (e g; dentistry, chiropractic, etc)
[3 LEGAL (e.g.. attorney services)
EXEMPT (e.g., nonpro?t)
Rese
Section 1 — Information

BUSINESS NAME,

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 - heck one box onl that matches the of the listed in Section 1 above. See instructions on e 2 CI SOLE PROPRIETOR l INDIVIDUAL
CI SINGLE MEMBER LLC Disregarded Entity owned by an individual

PARTNERSHIP
I: ESTATE OR TRUST
Section 3 — Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN Social Security Number (SSN) or The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. Individual Tax Identification Number (ITIN ) - For Individuals, enter SSN.
- If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your lTlN. .Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may OR not have a separate FEIN. Those trusts must enter the individual grantor’s SSN. .For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN). . For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity's FEIN. Do not use the disregarded entity’s FEIN.
o For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Section 4 — Pavee Res Status (See instructions)
Federal Employer Identification Number
(FEIN)
El CALIFORNIA RESIDENT — Qualified to do business in California or maintains a permanent place of business in California El CALIFORNIA NONRESIDENT — Payments to nonresidents for services may be subject to state income tax withholding.

No services performed inCalifornia
Copy of Franchise Tax Board waiver of state withholdingis attached.

Section 5 - Certi?cation
I hereby under penalty of perjury that the information provided on this document is true and correct.

Should residen status I will the state below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE : ,
Z
. DATE TELEPHONE (include area code)
Section 6 - Paving Aoencv
Please return form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
Ca. State Library Admin/Accounting
MAILING ADDRESS FAX TELEPHONE (include area code)
900 N Street 916-603-7157

CITY STATE ZIP CODE E-MAIL ADDRESS
Sacramento CA 95814 accounting@|ibrary.ca.gov
,— uocuSIgned ny

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Docusign Envelope ID: 0084966E-FEFO-43AC-8340-D647FF2A45FA

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form willprevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. Ifthe payee does not complete the STD 204 and the required payee data is not othenNise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 — Payee Information
Name — Enter the name that appears on the payee's federal tax return The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable). . Sole Proprietor/Individual/Revocable Trusts — enter the name shown on your federal tax return. 0 Single Member Limited LiabilityCompanies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enterthe DBA, LLC name, trade, or fictitious name under Business Name. a Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even ifthey may be disregarded at the Federal level. . Partnerships, Estates/Trusts, or Corporations — enter the entity name as shown on the entity's federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name — Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name Mailing Address — The mailing address is the address where the payee willreceive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 -
If the Payee in Section 1 is a(n). THEN Select the Box for... ptigtorship o Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual mited Com d federal tax Single Member LLC-owned by an individual Partnerships
Estate or Trust
Corporation-Medical
Corporation that is legal in nature (e 9., services of attorneys, arbitrators, notary publics involving legal Corporation-Legal or law related matters, etc.) o LLC that is to be taxed like a Corporation and is legal in nature thatqualifies for an Exempt status, including 501(0) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above 0 LLC Corporation-All Other that is to be taxed as a Corporation and does not meet any of the other corporation tvpes listed above Section 3 — Tax Identi?cation Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(8) and R&TC section 18662 and its regulations.

Section 4 — Payee Residency Status
Are you a California resident or nonresident?
o A corporation willbe defined as a "resident" ifit has a permanent place of business in California or is quali?ed through the Secretary of State to do business in California. . A partnership is considered a resident partnership ifit has a permanent place of business in California. - An estate is a resident ifthe decedent was a California resident at time of death. . A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term “resident" includes every individualwho is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose Generally, an individualwho comes to California for a purpose that willextend over a long or indefinite period willbe considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website:

Section 5 — Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that anSSN or ITINis provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation ifthe signee can provide a power of attorney documented for the individual.

Section 6 — Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individualto disclose their social security account number, shall inform that individualwhether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

Allquestions should be referred to the requesting state agency listed on the bottom front of this form. jrted Liability Partnerships (LLP) 0 and, LLC treated as a Partnership Corporation that is medical in nature (e.g., medical and healthcare services. physician care. nursery , etc o LLC that is to be taxed like a Corporation and is medical nature

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Oct 22 2024
Department: Public Works
Submitted by: Mark Prestwich, City Manager
Noah Rau, Public Works Director/City Engineer;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Accepting Public Improvements Associated with Citrus Pointe Tracts 25168-1, 31620-1 and 31620, Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bond Amounts to 25%, to Accept Offsite Public Improvements Upon Satisfactory Completion and at that Time Reduce the Separate Offsite Public Improvement Bond to 25% and Subsequently Release the Bonds in Accordance with the Provisions of the Subdivision Improvement Agreement (Generally Located Immediately East of Lake Street and North of Florida Ave)
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accepting Public Improvements Associated with Citrus Pointe Tracts 25168-1, 31620-1 and 31620, Authorizing the City Engineer to Reduce the Faithful Performance and Material and Labor Bond Amounts to 25%, to Accept Offsite Public Improvements Upon Satisfactory Completion and at that Time Reduce the Separate Offsite Public Improvement Bond to 25% and Subsequently Release the Bonds in Accordance with the Provisions of the Subdivision Improvement Agreement (Generally Located Immediately East of Lake Street and North of Florida Ave).

BACKGROUND:

Subdivision improvement agreements were initially established and recorded for Tracts 25168-1, 31620-1, and 31620 between the City and the original developer, JDP Development, between 1999 and 2006. These subdivision improvement agreements obligated the developer to complete public improvements. As part of such agreements between developers and the City, bonds are required to be provided by the developer for security.

Tracts 25168-1, 31620-1, and 31620 were later acquired by D.R. Horton Los Angeles Holding Company. The City entered into new subdivision improvement agreements with D.R. Horton as approved by the City Council on September 8, 2020.

17.D

As part of said new subdivision improvement agreements, D.R. Horton was required to finish the incomplete public improvements from the initial developer. Bond number 016213749 for faithful performance and labor and materials was provided for security in the amount of $403,997.

D.R. Horton later provided a separate bond for the offsite improvements on Florida Avenue (Bond No. 800054875).

ANALYSIS:

The Developer was required to construct, or cause to be constructed, improvements that were identified in the various improvement plans that each subdivision improvement agreement identified.

The public improvements have been completed and inspected to the satisfaction of the City Public Works Inspector. Certified record drawings have been provided for the public improvements as required by Section 11.3 of the Subdivision Improvement Agreement.

SIA Section 13.2 "Partial Release" of the Existing Agreements allows the City Council to partially release a portion of the Bonds as the public improvements are accepted by the City. The Developer will be required to file a Notice of Completion with the Riverside County Recorder's office upon City Council acceptance of the public improvements to signify the completion of public improvements and to transfer ownership of the improvements to the City.

The Developer is required per the subdivision improvement agreement to construct or cause to be constructed public improvements that were identified in civil engineering plans that were submitted, plan checked, and approved by the City Engineer. After improvements are completed, final inspections are scheduled to determine whether or not the improvements can be accepted. If they are accepted, bonds are reduced and a warranty period of one year is commenced. Following a final warranty inspection, bonds can be released.

DISCUSSION:

The Public Works Engineering Division has performed inspections and prepared punch lists. The developer has completed the punch list work allowing the City Engineer to recommend that the public improvements be accepted, the bond be reduced to 25% of their initial amounts, and the one-year warranty period be commenced in accordance with Section 13 of the SIAs.

The SIAs allow the City Engineer to release the Labor & Material Bonds after six months from the date that the City accepts the public improvements provided no stop notice claims have been received. The Performance Bond may be fully released by the City Engineer after the one-year warranty period has expired in accordance with Section 13 of the SIAs.

D.R. Horton has provided a separate bond in the amount of $159,145 as security for the offsite landscape and water improvements on Florida Avenue. These improvements are substantially complete with the exception of electricity to the lights and landscape controllers. Staff is recommending that the City Council authorize the City Engineer to reduce this bond to 25% upon verifying full completion and then subsequently release it in accordance with the terms of the subdivision improvement agreement after completion of the one-year warranty period.

The developer has also provided all monumentation documents that have been verified, plan checked, and approved by the Public Works Engineering Division.

17.D

PREVIOUS COUNCIL ACTION:

The City Council previously approved a subdivision improvement agreement between the City and D.R. Horton for Tracts 25168-1 31620-1, and 31620 on September 8, 2020.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

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

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

Objective 2: Increase transparency for the public.

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

FISCAL IMPACT:

There are no impacts to the General Fund with this City Council action.

ALTERNATIVE(S):

1. Do not accept improvements and approve the reduction of the labor and materials bond for Tracts 25168-1 31620-1, and 31620 to 25% of the initial amount.

2. Provide the City Manager will alternative direction.

ATTACHMENT(S):

Attachment 1 - Resolution Accepting Improvements and Authorizing Bond Reductions and Subsequent Release
Attachment 2 - Improvement Bonds
Attachment 3 - D.R. Horton Los Angeles Holding Company, Inc. _Subdivision Improvement Agreement Tract Map 25168-1
Attachment 4 - D.R. Horton Los Angeles Holding Company, Inc. _Subdivision Improvement Agreement Tract Map 31620-1
Attachment 5 - D.R. Horton Los Angeles Holding Company, Inc._Subdivision Improvement Agreement Tract Map 31620
Attachment 6 - Final Conditions of Approval

17.D

CITY OF HEMET RESOLUTION NO. 2024-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2024-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, ACCEPTING PUBLIC

IMPROVEMENTS ASSOCIATED WITH CITRUS POINTE
TRACTS 25168-1, 31620-1 AND 31620, AUTHORIZING

THE CITY ENGINEER TO REDUCE THE FAITHFUL

PERFORMANCE AND MATERIAL AND LABOR BOND
AMOUNTS TO 25%, TO ACCEPT OFFSITE PUBLIC

IMPROVEMENTS UPON SATISFACTORY COMPLETION

AND AT THAT TIME REDUCE THE SEPARATE OFFSITE
PUBLIC IMPROVEMENT BOND TO 25% AND

SUBSEQUENTLY RELEASE THE BONDS IN

ACCORDANCE WITH THE PROVISIONS OF THE

SUBDIVISION IMPROVEMENT AGREEMENT
(GENERALLY LOCATED IMMEDIATELY EAST OF LAKE

STREET AND NORTH OF FLORIDA AVE)
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, Subdivision Improvement Agreements (SIA)s were initially established between the City and the original developer, JDP Development, between 1999 and 2006 for Tracts 25168-1, 31620-1 and 31620; and WHEREAS, these subdivision improvement agreements obligated the developer to complete public improvements and bonds be provided by the developer for security; and
WHEREAS, tracts 25168-1, 31620-1 and 31620 were later acquired by D.R.

Horton Los Angeles Holding Company and original developer’s SIAs were replaced with

17.D

CITY OF HEMET RESOLUTION NO. 2024-XXX 2
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SIAs between D.R. Horton and the City as approved by the City Council on September 8, 2020; and
WHEREAS, as part of said new SIAs, D.R. Horton was required to finish the incomplete public improvements from the original developer and provided the City with Bond No. 016213749 for faithful performance and labor and materials security in the amount of $403,997; and
WHEREAS, D.R. Horton later provided a separate bond for the offsite improvements on Florida Avenue (Bond No. 800054875) in the amount of $159,145; and
WHEREAS, the developer has completed the punch list work provided by the Public Works Inspector allowing the City Engineer to recommend that the public improvements be accepted, the bond be reduced to 25% of their initial amounts, and the one-year warranty period be commenced in accordance with Section 13 of the SIAs.; and
WHEREAS, the offsite landscape and water improvements on Florida Avenue are substantially complete with the exception of electricity to the lights and landscape controllers; and
WHEREAS, the City Engineer recommends that the City Council accept the public improvement associated with Tracts 25168-1, 31620-1 and 31620 and authorize the acceptance of the offsite landscape and water improvements on Florida Avenue upon satisfactory completion; and
WHEREAS, The Developer will be required to filed a Notice of Completion with the Riverside County Recorder's office upon City Council acceptance of the public