Hemet City Council
September 23, 2025

17.D.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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SECTION 3. The City Manager is authorized to execute the proposed amendment and related documents.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective upon adoption.

17.D.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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PASSED, APPROVED, AND ADOPTED this 23rd day of September, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.D.

CITY OF HEMET RESOLUTION NO. 2025-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of September, 2025, and was passed by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

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

17.D.

24-0034
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com Jilleen Ferris, P.E.

Deputy Public Works Director / Assistant City Engineer
City of Hemet
445 E. Florida Avenue
Hemet, CA 92543
RE: Contract Amendment No. 1 Request for Additional Engineering Services for the Esplanade Avenue Project (CIP 5706)
Dear Jilleen,
Albert A. WEBB Associates requests a budget amendment for additional engineering services for the Esplanade Avenue project in the City of Hemet. Enclosed you will find our Scope of Services (Exhibit “A”), and Compensation for Services (Exhibit “B”) for your review and consideration.

We appreciate this opportunity and look forward to continuing to work with the City of Hemet on this project. Please contact me at [email protected] or 951-830-4350 should you have any questions.

Sincerely,
Eric Hays, PE
Senior Engineer
Dilesh Sheth, PE / TE
Senior Vice President
Attachments: Exhibit “A” – Scope of Services
Exhibit “B” - Compensation for Scope of Services

August 20, 2025

17.D.

H:\2024\24-0034\Project Management\Change Orders\CA1\24-0034 Esplanade Additional Scope of Work CA-1 rev1.docx 2 EXHIBIT “A” – SCOPE OF SERVICES
Additional out-of-scope work:

1. Additional Drainage Assessment $29,300
Webb's original scope and budget for drainage analysis and storm drain plans were based on early coordination meetings and feedback from the City and Hemet and San Jacinto. The initial concept included installing several storm drain inlets along Esplanade and connecting them directly north to the proposed City of San Jacinto swale (west of Cawston) or the proposed 24" Storm drain (east of Cawston). As the street improvement design for the City of Hemet Street progressed, it became apparent that the existing drainage swale along the south side of Esplanade was being impacted. WEBB developed several alternative drainage concepts and coordinated with both the City of Hemet and San Jacinto for approval of a concept acceptable to both agencies. As a result of this coordination, the City of San Jacinto eventually agreed to change the location and size of their proposed storm drain to allow the City of Hemet to connect to this line with a series of 24” laterals.

The additional work for this task includes the development of six (6) alternative storm drain alignments and profiles (including an option without a connection to the City of San Jacinto storm drain), assessing existing swale capacity, and obtaining field data and developing a solution for the existing bubbler catch basin and pump at Sanderson (which was not known at time of scope/fee development).

2. Additional Drainage Improvement Plan $25,600
To date, WEBB has prepared a set of 65% storm drain plans and drainage memorandum based on one of the early storm drain concepts. These will be updated to reflect the current storm drain concept. The additional work under this task includes design of the new storm drain laterals and inlets and update of the 65% plans to include these items. The daylight line from the proposed sidewalk will be evaluated and inlets located at low spots to ensure positive drainage for low flows. It is assumed the existing culverts at the driveways will be protected in place. Additional budget is required to finalize the storm drain design and to update and finalize the storm drain plans.

3. Additional Utility Coordination $200

The following utility crossing have been identified and will require potholing to confirm whether there is a design conflict:
• East of Warren Rd, the storm drain lateral crosses an 8” gas line and a 16” water line (2 crossings).
• West of Alabaster St (275’ +/-), the storm drain laterals cross an 8” gas line, a 16” water line, a 39” water line, a 60” water line, and an underground telecom line (5 crossings).

17.D.

H:\2024\24-0034\Project Management\Change Orders\CA1\24-0034 Esplanade Additional Scope of Work CA-1 rev1.docx 3 • West of Cawston (at the curb return), the storm drain lateral crosses an 18” water line, a 6” water line, an 8” gravity sewer, a 39” water line, and a 60” water line (5 crossings).
• East of Cawston (to Sanderson), each of the storm drain laterals (7 total, including the upstream connection to the bubbler catch basin) will cross the 18” water line (7 crossings).

The original scope included 5 crossings. There are a total of 19 crossings. Therefore, an additional 14 potholes are required to confirm conflicts. However, the City has indicated their public works crews can perform the required potholing. Therefore, potholing is excluded from WEBB’s scope of work and a credit for the cost of the potholing subcontractor for the cost of the 5 potholes will be provided back to the City as part of this contract amendment request.

Due to the shallow depth of the storm drain, it is anticipated that the 6”, 16” and 18” EMWD water line crossings (11 total), the 8” gas line crossings (2 total), and the telecom line crossing (1 total) will need to be relocated to dip under each of these crossings. Based on the as-built information, we believe the sewer line and the 39” and 60” water lines are deep enough to avoid conflict. There are also several fire hydrants, water meters, air vacs, and other appurtenances that are impacted by the proposed sidewalk and swale, including 2 MWD manholes. Based on conversations with the City, it is assumed the City will take the lead for coordination with the utility companies (EMWD, SCE, Gas Co, MWD, etc) for relocation or adjustment of their facilities (pipes, conduit, hydrants, meters and service laterals, air vacs, etc).

The additional work under this task includes updating the pothole map for the new concept and coordination with the City to obtain the pothole data. It also includes additional budget to support the City for the utility relocations for tasks such as preparing exhibits and providing data needed for the City to coordinate the relocations. Preparation of utility relocation design plans and direct coordination with utility companies is excluded from the scope of work.

4. Additional Project Management and Coordination $14,100 Initially, the project was scheduled for an 8-month timeline to achieve PS&E (Plans, Specifications, and Estimates) package approval. This schedule was predicated on the straightforward installation of a new sidewalk along the south side of Esplanade Avenue, with the intent to manage stormwater drainage by connecting proposed storm drain pipes into the planned City of San Jacinto pipeline and open channel. However, during the early coordination phase, it became evident that the proposed storm drain infrastructure within the City of San Jacinto was inadequate to meet our projected drainage requirements. The limited capacity of their system necessitated the exploration of alternative drainage solutions to ensure project viability.

In response to these unforeseen conditions, our team conducted a comprehensive alternatives analysis, ultimately developing six distinct design options. Each alternative was carefully assessed for feasibility, impact, and cost. Throughout this process, we coordinated extensively with the engineering teams from San Jacinto and Hemet, organizing and

17.D.

H:\2024\24-0034\Project Management\Change Orders\CA1\24-0034 Esplanade Additional Scope of Work CA-1 rev1.docx 4 attending interagency meetings. This effort required a considerable amount of resources, and as a result, the entire budget allocated for these preliminary and out-of-scope services has been expended.

Now that both the City of San Jacinto and the City of Hemet have formally accepted the preferred alternative, we are prepared to advance the project into the final design phase. To ensure a seamless transition and continued project momentum, we are requesting additional funding to support ongoing coordination, technical refinement, and stakeholder engagement.

Looking ahead, the revised project scope will encompass enhanced project management and coordination efforts. Specifically, we propose the inclusion of up to ten (10) Project Development Team (PDT) meetings, which will be instrumental in maintaining effective communication, addressing emerging issues, and achieving consensus among all parties throughout the design and construction phases.

17.D.

24-0034
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com EXHIBIT “B” COMPENSATION FOR SCOPE OF SERVICES Services described in our Scope of Work (Exhibit “A”) shall be provided on an hourly, not-to-exceed basis for the amount of $ 69,200.

17.D.

00091753.1

SECOND AMENDMENT TO
AGREEMENT 2024-085

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
ALBERT A. WEBB ASSOCIATES

A CALIFORNIA CORPORATION
DATED: SEPTEMBER 24, 2025

17.D.

00091753.1 Page | 1

SECOND AMENDMENT TO AGREEMENT
This Second Amendment to the Professional Services Agreement for Professional Engineering Services for CIP 5706 is made and entered into as of this 25th day of August, 2025, by and between the City of Hemet (“City”), a California municipal corporation and Albert A. Webb Associates, a California corporation (“Consultant”). City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City and Consultant entered into an agreement entitled “Professional Services Agreement” dated March 27, 2024 (“Agreement”) for the purpose of retaining services of Consultant to provide Professional Engineering Services for CIP 5706.

B. On January 6, 2025, the First Amendment amended Section 1(a) of the Agreement to provide that the Term of the Agreement is extended through March 31, 2026 C. Pursuant to Section 27 of the Agreement, the Parties desire to amend the Agreement to revise the scope of services and compensation.

D. Section 4(a) of the Agreement provides that the Compensation is not to exceed Two Hundred and Forty-Seven Thousand Three Hundred and Thirty-Six Dollars ($247,336.00).

E. This Second Amendment amends Section 4(a) of the Agreement to provide that the Compensation shall not exceed Three Hundred and Sixteen Thousand Five Hundred and Thirty-Six Dollars ($316,536.00).

F. This Second Amendment amends Exhibit “A” to include additional draining assessment, drainage improvement plan, utility coordination, and project management and coordination.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Amendment which modifies and amends the Agreement as follows:

1. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 [COMPENSATION]. Section 4(a) of the Agreement is hereby amended to increase the not to exceed amount to Three Hundred and Sixteen Thousand Five Hundred and Thirty-Six Dollars ($316,536.00)

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00091753.1 Page | 2

1.2 [SCOPE OF SERVICES]. Exhibit “A” of the Agreement is hereby amended to include the following:

1. Additional Drainage Assessment $29,300
Webb's original scope and budget for drainage analysis and storm drain plans were based on early coordination meetings and feedback from the City and Hemet and San Jacinto. The initial concept included installing several storm drain inlets along Esplanade and connecting them directly north to the proposed City of San Jacinto swale (west of Cawston) or the proposed 24" Storm drain (east of Cawston). As the street improvement design for the City of Hemet Street progressed, it became apparent that the existing drainage swale along the south side of Esplanade was being impacted. WEBB developed several alternative drainage concepts and coordinated with both the City of Hemet and San Jacinto for approval of a concept acceptable to both agencies. As a result of this coordination, the City of San Jacinto eventually agreed to change the location and size of their proposed storm drain to allow the City of Hemet to connect to this line with a series of 24” laterals.

The additional work for this task includes the development of six (6) alternative storm drain alignments and profiles (including an option without a connection to the City of San Jacinto storm drain), assessing existing swale capacity, and obtaining field data and developing a solution for the existing bubbler catch basin and pump at Sanderson (which was not known at time of scope/fee development).

2. Additional Drainage Improvement Plan $25,600
To date, WEBB has prepared a set of 65% storm drain plans and drainage memorandum based on one of the early storm drain concepts. These will be updated to reflect the current storm drain concept. The additional work under this task includes design of the new storm drain laterals and inlets and update of the 65% plans to include these items. The daylight line from the proposed sidewalk will be evaluated and inlets located at low spots to ensure positive drainage for low flows. It is assumed the existing culverts at the driveways will be protected in place. Additional budget is required to finalize the storm drain design and to update and finalize the storm drain plans.

3. Additional Utility Coordination $200
The following utility crossing have been identified and will require potholing to confirm whether there is a design conflict:
· East of Warren Rd, the storm drain lateral crosses an 8” gas line and a 16” water line (2 crossings).
· West of Alabaster St (275’ +/-), the storm drain laterals cross an 8” gas line, a 16” water line, a 39” water line, a 60” water line, and an underground telecom line (5 crossings).
· West of Cawston (at the curb return), the storm drain lateral crosses an 18” water line, a 6” water line, an 8” gravity sewer, a 39” water line, and a 60” water line (5 crossings).
· East of Cawston (to Sanderson), each of the storm drain laterals (7 total, including

17.D.

00091753.1 Page | 3
the upstream connection to the bubbler catch basin) will cross the 18” water line (7 crossings).

The original scope included 5 crossings. There are a total of 19 crossings. Therefore, an additional 14 potholes are required to confirm conflicts. However, the City has indicated their public works crews can perform the required potholing. Therefore, potholing is excluded from WEBB’s scope of work and a credit for the cost of the potholing subcontractor for the cost of the 5 potholes will be provided back to the City as part of this contract amendment request.

Due to the shallow depth of the storm drain, it is anticipated that the 6”, 16” and 18” EMWD water line crossings (11 total), the 8” gas line crossings (2 total), and the telecom line crossing (1 total) will need to be relocated to dip under each of these crossings. Based on the as-built information, we believe the sewer line and the 39” and 60” water lines are deep enough to avoid conflict. There are also several fire hydrants, water meters, air vacs, and other appurtenances that are impacted by the proposed sidewalk and swale, including 2 MWD manholes. Based on conversations with the City, it is assumed the City will take the lead for coordination with the utility companies (EMWD, SCE, Gas Co, MWD, etc) for relocation or adjustment of their facilities (pipes, conduit, hydrants, meters and service laterals, air vacs, etc).

The additional work under this task includes updating the pothole map for the new concept and coordination with the City to obtain the pothole data. It also includes additional budget to support the City for the utility relocations for tasks such as preparing exhibits and providing data needed for the City to coordinate the relocations. Preparation of utility relocation design plans and direct coordination with utility companies is excluded from the scope of work.

4. Additional Project Management and Coordination $14,100 Initially, the project was scheduled for an 8-month timeline to achieve PS&E (Plans, Specifications, and Estimates) package approval. This schedule was predicated on the straightforward installation of a new sidewalk along the south side of Esplanade Avenue, with the intent to manage stormwater drainage by connecting proposed storm drain pipes into the planned City of San Jacinto pipeline and open channel. However, during the early coordination phase, it became evident that the proposed storm drain infrastructure within the City of San Jacinto was inadequate to meet our projected drainage requirements. The limited capacity of their system necessitated the exploration of alternative drainage solutions to ensure project viability.

In response to these unforeseen conditions, our team conducted a comprehensive alternatives analysis, ultimately developing six distinct design options. Each alternative was carefully assessed for feasibility, impact, and cost. Throughout this process, we coordinated extensively with the engineering teams from San Jacinto and Hemet, organizing and attending interagency meetings. This effort required a considerable amount of resources, and as a result, the entire budget allocated for these preliminary and out-of-scope services has been expended.

Now that both the City of San Jacinto and the City of Hemet have formally accepted the preferred alternative, we are prepared to advance the project into the final design phase. To

17.D.

00091753.1 Page | 4
ensure a seamless transition and continued project momentum, we are requesting additional funding to support ongoing coordination, technical refinement, and stakeholder engagement.

Looking ahead, the revised project scope will encompass enhanced project management and coordination efforts. Specifically, we propose the inclusion of up to ten (10) Project Development Team (PDT) meetings, which will be instrumental in maintaining effective communication, addressing emerging issues, and achieving consensus among all parties throughout the design and construction phases.

2. MANDATORY INVOICE INFORMATION/NOTICES.

Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

On invoices submitted to the City, Consultant shall identify at the top of the first page, the Agreement’s not to exceed amount, the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice.

3. REMAINDER UNCHANGED. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.

4. INTEGRATION. This Amendment consists of pages 1 through 5, inclusive, which constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements, including written or verbal communications between the Parties with respect to all or any part of the transaction discussed in this Amendment.

5. SEVERABILITY. If any portion of this Amendment is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

6. EFFECTIVE DATE. This Amendment shall not become effective until the date it has been executed by the appropriate authorities of the City and Consultant.

7. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Amendment.

8. REFERENCES. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Amendment. [SIGNATURE PAGE FOLLOWS]

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00091753.1 Page | 5
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement on the date and year first written above.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

17.D.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 23 2025
Department: Police Department
Submitted by: Mark Prestwich, City Manager
Michael Arellano, Chief of Police, Michael Mouat, Police Captain; ☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Authorizing the City Manager to Execute a Professional Services Agreement with Bio-Tox Laboratories, Inc. for Forensic Toxicology Services as a Sole Source Provider, in Accordance with the City of Hemet Procurement Policy, in an Amount Not to Exceed $60,000 per Fiscal Year through June 30, 2028 and Authorization to Increase the Fiscal Year 2024-25 to $51,000 to Cover Additional Costs Incurred During the Prior Fiscal Year RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, authorizing the City Manager to execute a professional services agreement with Bio-Tox Laboratories, Inc. for forensic toxicology services as a sole source provider, in accordance with the City of Hemet Procurement Policy, in an amount not to exceed $60,000 per fiscal year through June 30, 2028 and authorization to increase the fiscal year 2024-25 to $51,000 to cover additional costs incurred during the prior fiscal year.

BACKGROUND:

The City of Hemet Police Department requires forensic toxicology testing services to support criminal investigations, including impaired driving, narcotics-related offenses, and other cases where toxicology evidence is essential. These services involve the identification and quantitative analysis of drugs and alcohol from blood, urine, and evidence specimens.

For several years, the Department has contracted with Bio-Tox Laboratories, Inc. to provide these services. Bio-Tox Laboratories, Inc. is certified as a Title 17 alcohol analyst in California, which is required for blood alcohol testing admissible in court. Additionally, Bio-Tox Laboratories, Inc. is one of only four private laboratories in the United States accredited by the American Board of Forensic Toxicology (ABFT). This accreditation is crucial to ensuring that the City has reliable and defensible toxicology results for criminal prosecutions and court testimony.

Pursuant to Hemet Municipal Code Section 2-331(c), Bio-Tox Laboratories, Inc. qualifies as a sole source provider due to the unique quality of its services and its accreditation status. This

17.E.

determination was confirmed in a Sole Source Justification completed in August 2025, which noted that the San Bernardino Police Department also conducted a competitive bidding process and identified Bio-Tox Laboratories, Inc. as the only vendor capable of meeting these specialized requirements.

ANALYSIS:

Continuation of services with Bio-Tox Laboratories, Inc. is essential to maintain the Department’s ability to provide timely and accurate toxicology results in support of criminal cases. Failure to contract with a qualified and accredited provider would risk delays in evidence processing, increase challenges to the admissibility of toxicology results in court, and ultimately hinder the successful prosecution of cases.

Because of Bio-Tox Laboratories, Inc.'s accreditation, expertise, and proven history of service to the City, no alternative vendors are reasonably available to provide these services. Contracting with BioTox Laboratories, Inc. ensures continuity of service, preserves the City’s ability to prosecute cases effectively, and satisfies the requirements of the Hemet Municipal Code for sole source procurement.

The proposed agreement establishes a term through June 30, 2028, with two one-year extension options, and a not-to-exceed compensation amount of $60,000 per fiscal year. Funding is appropriated in the Police Department’s operating budget, and approval of this contract will maintain compliance with City procurement policies while ensuring the availability of critical forensic services.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

FISCAL IMPACT:

Funding for year one of this contract is available in the approved FY2025-26 budget in the General Fund under Professional/Specialized Services account 110.09.3002.52710.

Funding for years two and three will continue to be incorporated annually in the Police Department’s operating budget.

ATTACHMENT(S):

Attachment 1 Bio-Tox Resolution
Attachment 2 Bio-Tox Service Agreement - 2026-019
Attachment 3 Bio-Tox Rate Sheet FY2526
Attachment 4 Bio-Tox Sole Source - signed

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH BIO-TOX LABORATORIES, INC. FOR

FORENSIC TOXICOLOGY SERVICES AS A SOLE

SOURCE PROVIDER, IN ACCORDANCE WITH THE CITY

OF HEMET PROCUREMENT POLICY, IN AN AMOUNT
NOT TO EXCEED $60,000 PER FISCAL YEAR THROUGH
JUNE 30, 2028, AND AUTHORIZATION TO INCREASE
THE FISCAL YEAR 2024-25 BUDGET TO $51,000 TO

COVER ADDITIONAL COSTS INCURRED DURING THE

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

WHEREAS, the City of Hemet Police Department requires forensic toxicology testing services, including the identification and quantitative analysis of drugs and alcohol from blood, urine, and evidence specimens, in order to support criminal investigations and prosecutions; and
WHEREAS, Bio-Tox Laboratories, Inc. is certified as a Title 17 alcohol analyst in California and is one of only four private laboratories in the United States accredited by the American Board of Forensic Toxicology (ABFT), ensuring reliable and defensible toxicology results for court proceedings; and
WHEREAS, pursuant to Hemet Municipal Code Section 2-331(c), Bio-Tox qualifies as a sole source provider due to the unique quality of its services, accreditation

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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status, and proven ability to provide the specialized testing required by the City of Hemet; and
WHEREAS, continuation of services with Bio-Tox Laboratories, Inc. is essential to preserve the City’s ability to prosecute cases effectively, avoid evidentiary challenges, and maintain compliance with established standards of forensic testing; and WHEREAS, the proposed Professional Services Agreement establishes a contract term through June 30, 2028, with two one-year extension options, at a not-toexceed compensation amount of $60,000 per fiscal year; and WHEREAS, funding for the contract is included in the Police Department’s FY2025-26 General Fund operating budget under Professional/Specialized Services account 110.09.3002.52710, and future funding will be incorporated in subsequent fiscal years as part of the annual budget process; and
WHEREAS, additional authorization is required to increase the FY2024-25 budget to $51,000 to reconcile additional costs incurred in the prior fiscal year.

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

SECTION 1. The City Council hereby authorizes the City Manager to execute a Professional Services Agreement with Bio-Tox Laboratories, Inc. for forensic toxicology services, as a sole source provider, in an amount not to exceed $60,000 per fiscal year through June 30, 2028, with two one-year extension options.

SECTION 2. The City Council further authorizes an increase to the FY2024-25 budget appropriation to $51,000 to cover additional costs incurred in the prior fiscal year.

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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SECTION 3. The City Clerk shall certify to the adoption of this Resolution and enter it into the official records of the City of Hemet.

SECTION 4. EFFECTIVE DATE - This Resolution shall become effective on September 23, 2025.

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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PASSED, APPROVED, AND ADOPTED this 23rd day of September, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.E.

CITY OF HEMET RESOLUTION NO. 2025-XXX 5
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of September, 2025, 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.E.

00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
BIO-TOX LABORATORIES, INC.

A CALIFORNIA CORPORATION
AGREEMENT # 2026-019

17.E.

PROFESSIONAL SERVICES AGREEMENT

FOR FORENSIC TOXICOLOGY SERVICES
BETWEEN THE CITY OF HEMET AND BIO-TOX LABORATORIES, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 24th day of September, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Bio-Tox Laboratories, Inc., a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by request for proposals the performance of the Forensic Toxicology Services defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2028, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. City shall be granted two (2) one (1) year options to extend the Term of the Agreement. City shall exercise option(s) by written notice to Contractor no less than (30) days prior to the end of the existing Term.

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00092061.2
(a) The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.” (b) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.

SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.

SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Sixty Thousand Dollars ($60,000.00) per City fiscal year (“Not to Exceed Amount”) unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact

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[email protected].
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing

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whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred, will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other

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intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 10. INDEPENDENT CONTRACTOR

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(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement

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and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

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(b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.

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SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities

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who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.

Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement.

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(e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.

Hemet, CA 92543
To Consultant: Bio-Tox Laboratories, Inc.

PO Box 52695
Riverside, CA 92517
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

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The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION 26. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 27. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

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SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant’s proposal, if any

4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

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SECTION 34. TIME OF THE ESSENCE.

Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]

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Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR FORENSIC TOXICOLOGY SERVICES
BETWEEN THE CITY OF HEMET AND BIO-TOX LABORATORIES, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES
Bio-Tox provides forensic toxicology services for law enforcement purposes which include the identification and quantitative analysis of drugs and alcohol from blood, urine, and evidence specimens.

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Exhibit A – Scope of Services
Page | 2
They are sole sourced for these reasons:
• The laboratory must have qualified Title 17 alcohol analysts in California for blood alcohol analysis.
• Our current vendor (Bio-Tox) is one of four private labs in the U.S. that has attained ABFT accreditation (American Board of Forensic Toxicology). This accreditation is crucial when it comes to reliable and defensible toxicology results for our court trials.

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed Sixty Thousand Dollars ($60,000.00) per City fiscal year.

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EXHIBIT “C”

INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;

2. Pay on behalf of wording as opposed to reimbursement;

3. Concurrency of effective dates with primary policies;

4. Policies shall “follow form” to the underlying primary policies; and

5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on

17.E.

a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

17.E.

17.E.

City of Hemet

JUSTIFICATION OF SOLE SOURCE REQUEST
DATE: 8/4/2025
Sole Source. Procurement may be made or contract awarded without a competitive procurement process when there is only one reasonable and practicable source for the required goods or services because of the unique quality of the goods or services; availability; compatibility with existing city programs, equipment or systems; or fitness for a particular use. Such a sole source purchase must be determined to meet the procurement policies and procedures and be recommended for approval by the purchasing officer. (Hemet Municipal Code Section 2-331(c)) PROPOSED SOLE SOURCE PROVIDER: Bio-Tox Laboratories, Inc.

BRIEF DESCRIPTION OF PURCHASE: Forensic blood & urine toxicology testing services EXCEPTION BEING APPLIED:

Unique quality of goods or services
Availability
Compatibility with existing city programs, equipment or systems Fitness for a particular use
Please answer all questions in detail in order to prevent delays in evaluation.

1. Provide the background of events leading to the acquisition.

Police department operational need of blood and urine toxicology laboratory services.

2. Why is the acquisition restricted to the Proposed Sole Source Provider? (Explain why the acquisition cannot be competitively bid.)
Bio-Tox is a qualified Title 17 alcohol analyst in California for blood alcohol analysis. Also, Bio-Tox is one of four private labs in the U.S. that has attained ABFT accreditation (American Board of Forensic Toxicology). These accreditations are crucial when it comes to reliable and defensible toxicology results for our court trials.

17.E.

3. Has the department bought these goods/services in the past? Bio-Tox has been sole sourced by Hemet PD yearly.

4. What are the consequences of not purchasing the good/service or contracting with the Proposed Sole Source Provider?
Hemet PD would not have reliable and defensible toxicology results for court trials.

5. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department determined such alternatives are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for not considering them must be included or an explanation of why the survey or effort to identify other goods/services was not performed.)
San Bernardino PD recently went through the process of bidding for these services and Bio-Tox was the ONLY vendor that could provide the required services. https://pbsystem.planetbids.com/portal/39495/bo/bo-detail/95453#bidResults

6. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.) Pricing is within Hemet PD budget for these services.

7. Describe any cost savings realized or costs avoided by acquiring the goods/services from the proposed Sole Source Provider.

No cost or costs avoided but able to have reliable and defensible toxicology results at court trials.

I am aware of the requirements for competitive bidding as established and defined in the Hemet Municipal Code. As an authorized department representative, I have gathered the required technical information and have made a concentrated effort to review comparable/equal equipment/goods/services.

NOTE: Sole Source Requests are not maintained as a standing request. Each request is for one purchase only.

Police
____________________________________ _________________ ________________ Approving Official – Dept. Director Department Date
____________________________________
_________________ ________________
Approving Official – Dept. Proj. Manager Department Date 08/06/2025

17.E.

Bio-Tox Sole Source
Final Audit Report 2025-08-06
Created: 2025-08-06
By: Martha Martinez ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAMkRuxBnWfNpKkDRBNJ8PKH2BsERzOakE "Bio-Tox Sole Source" History
Document created by Martha Martinez ([email protected]) 2025-08-06 - 6:08:17 PM GMT
Document emailed to Michael Arellano ([email protected]) for signature 2025-08-06 - 6:08:21 PM GMT
Email viewed by Michael Arellano ([email protected]) 2025-08-06 - 6:08:26 PM GMT
Document e-signed by Michael Arellano ([email protected]) Signature Date: 2025-08-06 - 6:20:51 PM GMT - Time Source: server Agreement completed.
2025-08-06 - 6:20:51 PM GMT

17.E.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 23 2025
Department: Human Resources
Submitted by: Mark Prestwich, City Manager
Norma Rangel, Human Resources Manager;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Establishing the Fire Management Unit and Certifying the Hemet Fire Fighters Association as the Exclusively Recognized Employee Organization to Represent the Fire Management Unit
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, establishing the Fire Management Unit and certifying the Hemet Fire Fighters Association as the exclusively recognized employee organization to represent the Fire Management Unit.

BACKGROUND:

Chapter 54, Article II of the City of Hemet’s Code of Ordinances constitutes the City’s EmployerEmployee Relations Ordinance (EERO). The EERO establishes the framework of rules, policies, and procedures governing employer-employee relations within the City, consistent with the requirements of Section 3507 of the Meyers-Milias-Brown Act (MMBA) under the California Government Code. This framework provides the process by which employee organizations may seek recognition, defines the rights and obligations of both the City and its employees, and ensures that labor relations are conducted in a structured, fair, and transparent manner.

Currently, the Hemet Firefighters Association (HFFA) serves as the recognized bargaining unit representing the City’s Firefighter/Paramedic, Fire Engineer, Fire Captain, and Fire Prevention Officer classifications. However, the Battalion Chief classification remains unrepresented. This creates a structural gap in representation within the Fire Department, as Battalion Chiefs play a key leadership role in daily operations, supervision, and emergency response. Establishing representation for this classification would provide these employees with a formal voice in the meet-and-confer process while furthering the City’s Strategic Plan values of fairness and respect for all employees.

On January 19, 2024, HFFA filed a recognition petition in accordance with the City’s EERO. Through this petition, HFFA formally requested that the City recognize HFFA as the Exclusively Recognized

17.F.

Employee Organization for a newly proposed bargaining unit consisting solely of the Fire Department’s Battalion Chief classification. This proposed bargaining unit is identified as the “Fire Management Unit.”
One of the City’s Strategic Plan goals emphasizes that employees are the City’s most valuable resource. It is through their dedication, professionalism, and service that the City’s mission and vision are achieved. In alignment with this value, the City is committed to supporting its workforce by fostering an environment built on dignity, respect, and fairness. Ensuring that employees have appropriate representation and avenues for collaboration with City leadership is a critical component of maintaining positive labor relations and supporting organizational success.

ANALYSIS:

The recognition petition triggers the procedures outlined in the City’s EERO, which include verification of the petition, assessment of the appropriateness of the proposed unit, and formal consideration by the City. Should the petition meet all procedural requirements, the City Council may act to acknowledge HFFA as the recognized representative body for the Fire Management Unit, thereby extending collective representation to the Battalion Chief classification, which is currently unrepresented.

DISCUSSION:

The City Manager, serving in his designated role as the Municipal Employee Relations Officer (MERO), conducted a review of the recognition petition submitted by HFFA in accordance with the procedures and standards set forth in the EERO. This review included an evaluation of whether the proposed bargaining unit was appropriate, whether the petition satisfied all procedural requirements, and whether the petition demonstrated compliance with applicable provisions of the MMBA.

Following this review, the City Manager determined that the petition submitted by HFFA met the compliance requirements of the EERO, including the appropriateness of establishing a bargaining unit comprised of the Battalion Chief classification. The creation of this unit is consistent with the City’s EERO framework and does not conflict with existing bargaining units or employee representation structures currently recognized by the City. This action would ensure that Battalion Chiefs are afforded formal representation in the meet-and-confer process, align with the City’s strategic commitment to supporting employees with dignity and fairness, and further promote constructive labor-management relations.

STRATEGIC PLAN INTEGRATION:

GOAL ONE: QUALITY OF LIFE:

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

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

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

Objective 3: Increase Public Safety visibility and response.

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

Objective 1: Operate in a financially sustainable manner.

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

17.F.

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

ALTERNATIVE(S):

Council may either choose to deny this recommendation or may direct the City Manager to research additional information before making a decision.

ATTACHMENT(S):

Attachment 1 - HFFA Petition Letter for Battalion Chiefs Attachment 2 - Resolution Establishing the Fire Management Unit

17.F.

OFFICE OF THE CITY MANAGER

VIA E-MAIL
[email protected]
August 21, 2025
David Prietto, President
Hemet City Firefighters Association
PO Box 1407
Hemet, CA 92546
Re: Certification of HFFA as Exclusive Recognized Employee Representative of Fire Management Bargaining Unit
Dear Mr. Prietto:

The City of Hemet (“City”) is in receipt of the Hemet City Firefighters Association, IAFF Local 2342’s (“HFFA”) Petition for Recognition. HFFA seeks to represent a new Fire Management bargaining unit comprised of the Battalion Chief classification. The Battalion Chief classification was previously unrepresented.

In accordance with Section 54-46 of the City’s Employer-Employee Relations Ordinance and the Meyers-Milias-Brown Act, the City tentatively recognizes the Fire Management bargaining unit and acknowledges HFFA as the Exclusive Recognized Employee Organization representing the unit, subject to City Council approval.

The formal recognition of HFFA as the Exclusively Recognized Employee Organization representing the Fire Management unit will go before City Council for approval at its regularly scheduled meeting on September 23, 2025.

Please feel free to contact me if I can be of any further assistance on this matter in the meantime.

Sincerely,
Mark Prestwich
City Manager
City of Hemet
CC: Robert Wexler
Kevin Kuhlman
Efrain Vargas

17.F.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA ESTABLISHING THE FIRE

MANAGEMENT UNIT AND CERTIFYING THE HEMET

FIRE FIGHTERS ASSOCIATION AS THE EXCLUSIVELY

RECOGNIZED EMPLOYEE ORGANIZATION TO

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

WHEREAS, Chapter 54, Article II of the City of Hemet’s Code of Ordinances constitutes the City’s Employer-Employee Relations Ordinance (EERO), which establishes rules, policies, and procedures regarding the administration of employeremployee relations in accordance with Section 3507 of the Government Code; and WHEREAS, the City’s Battalion Chief classification is currently unrepresented; and
WHEREAS, the Hemet Fire Fighters Association (HFFA) filed a recognition petition, dated January 19, 2024, requesting that the City formally acknowledge HFFA as the Exclusively Recognized Employee Organization representing a new unit comprised of the Battalion Chief classification (the “Fire Management Unit”); and WHEREAS, the City Manager, in his capacity as Municipal Employee Relations Officer, reviewed the request in consideration of the requirements of the EERO and determined the petition met the compliance requirements of the EERO with respect to an appropriate unit; and

17.F.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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WHEREAS, the City Manager, in his capacity as Municipal Employee Relations Officer under the EERO, now recommends that City Council formally (1) establish a bargaining unit consisting of the Battalion Chief classification, to be identified as the Fire Management Unit, and (2) certifies and recognizes HFFA as the Exclusively Recognized Employee Organization representing the Fire Management Unit in accordance with the EERO and the Meyers-Milias Brown Act (California Government Code section 3500 et seq.).

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

SECTION 1. Approve the establishment of a separate bargaining unit consisting of the job classification of Battalion Chief, identified as the Fire Management Unit.

SECTION 2. Certify and recognize HFFA as the exclusively recognized employee organization representing the Fire Management Unit.

SECTION 3. The effective date of this action will be the date of approval of this Resolution, September 23, 2025.

17.F.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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PASSED, APPROVED, AND ADOPTED this 23rd day of September, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.F.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of September, 2025, 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.F.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 23 2025
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Ryan Webb, Deputy Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

An Amendment to Resolution 2025-100 of the City Council of the City of Hemet, California, Accepting the FY2024 Emergency Management Performance Grant (EMPG) From the California Office of Emergency Services (CalOES) for the Purchase of Portable Radios for the Emergency Operations Center (EOC) and Including the Language “Designate the Individual Whose Position Title is City Manager as the Authorized Agent”
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Amending Resolution 2025- 100 Accepting the FY2024 Emergency Management Performance Grant (EMPG) From the California Office of Emergency Services (CalOES) for the Purchase of Portable Radios for the Emergency Operations Center (EOC), and adding the Language “Designate the Individual Whose Position Title is City Manager as the Authorized Agent”.

BACKGROUND:

On July 8, 2025, the City Council adopted resolution 2025-100 accepting the Emergency Management Performance Grant (EMPG) from the California Office of Emergency Services (CalOES) for the purchase of portable radios for the Emergency Operations Center (EOC) in the amount of $6,580.

ANALYSIS:

Resolution 2025-100, along with the FY EMPG “Standard Assurances” document, was submitted to CalOES. CalOES reviewed the documents and identified the required language that was absent from the resolution. CalOES requires language identifying the Authorized Agent by name or position title.

DISCUSSION:

17.G.

Hemet Fire Department requested, and was granted, an extension to amend the resolution and to resubmit. The attached resolution includes the phrase, “Designate the Individual Whose Position Title is City Manager as the Authorized Agent” to meet the requirements of CalOES.

PREVIOUS COUNCIL ACTION:

Council approved the receipt of the grant along with resolution 2025-100 on July 8, 2025.

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

None
ATTACHMENT(S):

Attachment 1 - Revised EMPG Resolution
Attachment 2 - FY24 Award Letter
Attachment 3 - Staff Report _25-236 - Pdf

17.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1

CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HEMET,
CALIFORNIA, AMENDING RESOLUTION NO. 2025-100 ACCEPTING THE FY2024 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)

FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES)

FOR THE PURCHASE OF PORTABLE RADIOS FOR THE EMERGENCY

OPERATIONS CENTER (EOC), AUTHORIZING THE ADMINISTRATIVE

SERVICES DIRECTOR TO INCREASE ESTIMATED REVENUES AND
RECORD A SUPPLEMENTAL APPROPRIATION OF $6,580 IN PUBLIC SAFETY GRANTS FUND # 232, AND DESIGNATING THE CITY MANAGER

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

WHEREAS, the City Council of the City of Hemet previously adopted Resolution No. 2025-100 on July 8, 2025, accepting the FY2024 Emergency Management Performance Grant (EPMG) for the purchase of portable radios for the Emergency Operations Center (EOC); and
WHEREAS, the City Council finds it necessary and appropriate to amend Resolution No. 2025-100 to designate the individual holding the position title of City Manager as the City’s authorized agent for all purposes related to the EMPG grant.

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

SECTION 1. APPROVES – Resolution 2025-100 is hereby amended to provide that the City Manager is designated as the City’s authorized agent to execute, on behalf of the City, all documents and actions required by the California Office of Emergency Services (CalOES) in connection with the FY2024 Emergency Management Performance Grant (EMPG).

17.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
SECTION 2. Except as specially amended herein, all provisions of Resolution No. 2025-100 shall remain in full force and effect.

SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on September 23, 2025.

PASSED, APPROVED AND ADOPTED this 23rd day of September, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.G.

CITY OF HEMET RESOLUTION NO. 2025-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 this 23rd day of September, 2025, 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.G.

Bruce Barton
Director
450 EAST ALESSANDRO
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ TDD: 711
WWW.RIVCOEMD.ORG
April 23, 2025
City of Hemet
Eddie Sell, Fire Chief
SUBJECT: FY 2024 Emergency Management Performance Grant (EMPG) Award Notice Period of Performance: Personnel 7/1/2024 – 12/31/2025
Other 4/23/2025 – 12/31/2025
Grant #: 2024-0050 CFDA #: 97.067
This letter is being provided to notify you that your FY 2024 EMPG subaward has been approved in the amount of $6,580.

This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), Preparedness Grants Manual, California Supplement to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance.

The Riverside County Operational Area (OA) may suspend or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.

Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation (EHP) review. Any changes to the Financial Management Forms Workbook (FMFW) requires approval from the OA prior to conducting activities and incurring costs.

17.G.

Bruce Barton
Director
450 EAST ALESSANDRO
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ TDD: 711
WWW.RIVCOEMD.ORG
The following documents must be submitted with signatures to finalize the acceptance of this subaward. The documents should be submitted in a single PDF to [email protected] by July 23, 2025:
• Financial Management Forms Workbook
o Grant Subaward Face Sheet
o Authorized Agent and Contact Tab
o Project Ledger Tab
o Planning Tab
o Organization Tab
o Equipment Tab
o Training Tab
o Exercise Tab
o Consultant-Contractor Tab
o Personnel Tab
o Match Tab
o Authorized Agent Sheet
• Governing Body Resolution
• Standard Assurances
• EHP Screening Form
Reimbursement requests will not be processed without the acceptance documents on file.

This subaward is subject to all provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency Management Department.

For further assistance, please contact [email protected]. We look forward to working with you and appreciate your cooperation and support.

Sincerely,
Louis Le
Emergency Management Program Supervisor
County of Riverside Emergency Management Department

17.G.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Jul 08 2025
Department: Fire Department
Submitted by: Mark Prestwich, City Manager
Eddie Sell, Fire Chief;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

A Resolution of the City Council of the City of Hemet, California, Accepting the FY2024 Emergency Management Performance Grant (EMPG) From the California Office of Emergency Services (CalOES) for the Purchase of Portable Radios for the Emergency Operations Center (EOC) and Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation of $6,580 in Public Safety Grants Fund# 232 RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Accepting the Emergency Management Performance Grant (EMPG) From the California Office of Emergency Services (CalOES) for the Purchase of Portable Radios for the Emergency Operations Center (EOC) and Authorizing the Administrative Services Director to Increase Estimated Revenues and Record a Supplemental Appropriation of $6,580 in Public Safety Grants Fund# 232.

BACKGROUND:

An Emergency Operations Center (EOC) is a central hub established to coordinate and support emergency response and disaster management efforts. It functions as a command post where representatives from different city departments convene to make decisions, exchange information, and allocate resources. EOCs are outfitted with advanced communication systems, data analysis platforms, and other essential tools for effective emergency management. The EMPG Program helps fund the procurement of this vital equipment and supports the setup and outfitting of these EOCs.

ANALYSIS:

The EOC serves as the primary incident management hub during large-scale emergencies and disasters impacting the City of Hemet. In such cases, this acquisition supports establishing redundant dispatch operations at Covell, ensuring continuity if the Hemet Police Department’s (HPD) dispatch center becomes inoperative. The portable radios ensure communication and operational continuity.

The overarching purpose of the EOC is to ensure seamless coordination, real-time communication,

17.G.

and informed decision-making among emergency responders and stakeholders during critical incidents.

DISCUSSION:

The EMPG Grant continues to aid in streamlining emergency service workflows, reducing IT costs, and standardizing operations during fire season. This grant will fund portable radios capable of operating on the 700 MHz public safety spectrum, which is an ideal frequency range for reliable, interoperable communications while also providing connectivity across other essential bands. These radios serve as mobile dispatch-ready devices, supporting incident management in the field or acting as a dependable backup to the computer-aided dispatch (CAD) system. Each unit functions independently of network infrastructure and automatically switches to backup DC power sources (e.g., marine-grade batteries), ensuring uninterrupted communication even during power outages.

PREVIOUS COUNCIL ACTION:

The Hemet City Council has accepted all Emergency Management Performance Grant (EMPG) funds from the California Office of Emergency Services (CalOES).

STRATEGIC PLAN INTEGRATION:

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

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The Emergency Management Performance Grant has a dollar-for-dollar match requirement and will provide reimbursement to the City once the equipment has been procured. There are available funds in General Fund Account# 110-07-3243-52450 (Maintenance & Operations, Parts & Supplies) for the match requirement.

ATTACHMENT(S):

Attachment 1 - Resolution
Attachment 2 - FY24 Award Letter

17.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ACCEPTING THE FY2024

EMERGENCY MANAGEMENT PERFORMANCE GRANT
(EMPG) FROM THE CALIFORNIA OFFICE OF

EMERGENCY SERVICES (CALOES) FOR THE

PURCHASE OF PORTABLE RADIOS FOR THE

EMERGENCY OPERATIONS CENTER (EOC) AND

AUTHORIZING THE ADMINISTRATIVE SERVICES

DIRECTOR TO INCREASE ESTIMATED REVENUES AND

RECORD A SUPPLEMENTAL APPROPRIATION OF
$6,580 IN PUBLIC SAFETY GRANTS FUND# 232
The City Council of the City of Hemet, California (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, an Emergency Operations Center (EOC) serves as a central hub for coordinating and supporting emergency response and disaster management efforts. It functions as a command post where representatives from different city departments convene to make decisions, exchange information, and allocate resources; and WHEREAS, EOCs are outfitted with advanced communication systems, data analysis platforms, and other essential tools for effective emergency management. The EMPG Program helps fund the procurement of this vital equipment and supports the setup and outfitting of these EOCs; and
WHEREAS, the EOC serves as the primary incident management hub during large-scale emergencies and disasters impacting the City of Hemet. In such cases, this acquisition supports establishing redundant dispatch operations at Covell, ensuring

17.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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continuity if the Hemet Police Department’s (HPD) dispatch center becomes inoperative. The portable radios ensure communication and operational continuity; and WHEREAS, the EMPG Grant continues to aid in streamlining emergency service workflows, reducing IT costs, and standardizing operations during fire season. This grant will fund portable radios capable of operating on the 700 MHz public safety spectrum. These radios serve as mobile dispatch-ready devices, supporting incident management in the field or acting as a dependable backup to the computer-aided dispatch (CAD) system; and
WHEREAS, Emergency Management Performance Grant (EMPG) from the California Office of Emergency Services (CalOES) period of performance is April 23, 2025, to December 31, 2025, with reimbursement documents due by December 31, 2025.

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

SECTION 1. APPROVES - Accepts the grant from the Emergency Management Performance Grant (EMPG) administered through the California Office of Emergency Services (CalOES) in the amount of $6,580 for the period of April 23, 2025, to December 31, 2025.

SECTION 2. AUTHORIZES – The City Council hereby authorizes the Administrative Services Director to Increase Estimated Revenues and record a Supplemental Appropriation of $6,580 in Public Safety Grants Fund# 232.

SECTION 3. EFFECTIVE DATE - This Resolution shall become effective on July 08, 2025.

17.G.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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PASSED, APPROVED AND ADOPTED this 8th day of July, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.G.

CITY OF HEMET RESOLUTION NO. 2025-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 8th day of July, 2025, 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.G.

Bruce Barton
Director
450 EAST ALESSANDRO
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ TDD: 711
WWW.RIVCOEMD.ORG
April 23, 2025
City of Hemet
Eddie Sell, Fire Chief
SUBJECT: FY 2024 Emergency Management Performance Grant (EMPG) Award Notice Period of Performance: Personnel 7/1/2024 – 12/31/2025
Other 4/23/2025 – 12/31/2025
Grant #: 2024-0050 CFDA #: 97.067
This letter is being provided to notify you that your FY 2024 EMPG subaward has been approved in the amount of $6,580.

This subaward is subject to requirements in 2 CFR, Part 200, including the Notice of Funding Opportunity (NOFO), Preparedness Grants Manual, California Supplement to the NOFO, Riverside County Supplement to the NOFO, Grant Assurances, and all applicable federal, state, and local requirements. All activities funded with this subaward must be completed within the period of performance.

The Riverside County Operational Area (OA) may suspend or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required performance reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or special conditions. • Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding. • False certification in the application or document.
• Failure to adequately manage, monitor, or direct the grant funding activities of the organization.

Subrecipients must obtain additional written approval prior to incurring costs for activities such as aviation, watercraft, noncompetitive procurement, and projects requiring Environmental Planning and Historic Preservation (EHP) review. Any changes to the Financial Management Forms Workbook (FMFW) requires approval from the OA prior to conducting activities and incurring costs.

17.G.

Bruce Barton
Director
450 EAST ALESSANDRO
RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ TDD: 711
WWW.RIVCOEMD.ORG
The following documents must be submitted with signatures to finalize the acceptance of this subaward. The documents should be submitted in a single PDF to [email protected] by July 23, 2025:
• Financial Management Forms Workbook
o Grant Subaward Face Sheet
o Authorized Agent and Contact Tab
o Project Ledger Tab
o Planning Tab
o Organization Tab
o Equipment Tab
o Training Tab
o Exercise Tab
o Consultant-Contractor Tab
o Personnel Tab
o Match Tab
o Authorized Agent Sheet
• Governing Body Resolution
• Standard Assurances
• EHP Screening Form
Reimbursement requests will not be processed without the acceptance documents on file.

This subaward is subject to all provisions of 2 CFR Part 200, Subpart F – Audit Requirements. Any funds received in excess of current needs, approved amounts, or those found owed as a result of a final review or audit, must be refunded to the OA within 30 days upon receipt of an invoice from the County of Riverside Emergency Management Department.

For further assistance, please contact [email protected]. We look forward to working with you and appreciate your cooperation and support.

Sincerely,
Louis Le
Emergency Management Program Supervisor
County of Riverside Emergency Management Department

17.G.

City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 23 2025
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, Awarding a Professional Services Agreement to Herron & Rumansoff Architects, Inc. for the Professional Architectural Engineering Design Services for the Building Rehabilitation of the City Facility Located at 555 Saint John Place (CIP 2523) in an Amount Not to Exceed $21,150 and to Waive Procurement Procedures RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Adopt a Resolution of the City Council of the City of Hemet, California, Awarding a Professional Services Agreement to Herron & Rumansoff Architects, Inc. for the Professional Architectural Engineering Design Services for the Building Rehabilitation of the City Facility Located at 555 Saint John Place (CIP 2523) in an Amount Not to Exceed $21,150 and to Waive Procurement Procedures.

BACKGROUND:

The City Council approved funding in the fiscal year 2025/2026 budget to rehabilitate the building at 555 St. John Place to serve as the home base for the Hemet Police Department’s AERO Team (Active Engagement Response and Outreach for Our Community). The AERO Team is dedicated to addressing quality-of-life issues such as nuisance properties, trespassing, vagrancy, and panhandling. They work proactively to improve community safety and well-being.

In addition to enforcement, the AERO Team collaborates with local and county resources, including Valley Restart, The United Way, the Riverside County Department of Public Social Services, Anchor in Christ, and Liberty Ranch, to provide long-term assistance to individuals experiencing homelessness. This collaborative approach aims to connect individuals with services and support to help them transition off the streets.

The rehabilitation of the property at 555 St. John Place will provide the AERO Team with a dedicated space to coordinate their outreach efforts, collaborate with community partners, and enhance their ability to serve the Hemet community effectively.

17.H.

DISCUSSION:

This rehabilitation project represents a significant undertaking that will require substantial technical expertise. Herron & Rumansoff Architects, long-time Hemet community members whose office is located directly across from the project site, have provided a generous proposal to provide their architectural services, including specialty sub-consultants, for this important initiative. Their proposal reflects both their deep commitment to the community and their dedication to enhancing the City’s public service infrastructure.

The firm is led by Russell P. Rumansoff and Patricia L. Herron, with a combined total of over 92 years of experience in architecture. They have served on various civic and professional boards, and Patricia L. Herron has contributed to the Hemet community in leadership roles, including as a past Mayor and Council Member. Their extensive experience and local involvement make them uniquely qualified to contribute to this vital project.

PREVIOUS COUNCIL ACTION:

On June 10, 2025, the City Council adopted the Fiscal Year 2025/2026 budget that included specific funding for this project.

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 FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

Objective 1: Develop concepts and programs to increase opportunities for youth recreation.

Objective 2: Develop concepts and programs to enhance the quality of life services.

Objective 3: Develop programs to offer support to the community's businesses GOAL FIVE: ORGANIZATIONAL EFFECTIVENESS
To identify the work needed inside the City organization to effectively provide services to the community and ensure financial stability.

Objective 1: Operate in a financially sustainable manner.

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

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

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

Objective 5: Streamline fire prevention coordination efforts.

FISCAL IMPACT:

The cost for the proposed design services is $21,150 including specialty sub-consultants. The fiscal year 2025/2026 budget included funding in Fund 115 to undertake this project.

ALTERNATIVE(S):

17.H.

1. Do Not Approve the Agreement for the Donation of Architectural Services for the Building Rehabilitation Project located at 555 St. John Place, Hemet, CA.

2. Provide Alternate Direction to the City Manager.

ATTACHMENT(S):

Attachment 1- Resolution Awarding PS Agreement with Herron & Rumansoff Attachment 2 - Proposal City of Hemet 555 Saint John Place Attachment 3 - Agreement

17.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
RESOLUTION NO. 2025-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF HEMET, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES AGREEMENT TO HERRON
& RUMANSOFF ARCHITECTS, INC. FOR THE

PROFESSIONAL ARCHITECTURAL ENGINEERING

DESIGN SERVICES FOR THE BUILDING

REHABILITATION OF THE CITY FACILITY LOCATED AT
555 SAINT JOHN PLACE (CIP 2523) IN AN AMOUNT NOT
TO EXCEED $21,150 AND WAIVE PROCURMENT

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

WHEREAS, the City Council recently approved funding as part of the fiscal year 2025/2026 budget for the rehabilitation of the City building at 555 St. John Pl to serve as the home base for the Hemet Police Department’s AERO Team (Active Engagement Response and Outreach for Our Community); and
WHEREAS, Herron & Rumansoff Architects, Inc. offices are located across the street from the City facility at 555 St. John Place and are led by Russell P. Rumansoff and Patricia L. Herron, with a combined total of over 92 years of experience in architecture and engineering services and have served on various civic and professional boards. Patricia L. Herron has also contributed to the Hemet community in leadership roles, including as a past Mayor and Council Member; and

17.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 2
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WHEREAS, the City requested a proposal from Herron & Rumansoff Architects, Inc. to perform professional design services for the tenant improvements needed at the City’s facility located at 555 St. John Place; and
WHEREAS, Herron & Rumansoff Architects, Inc. provided a proposal for the architectural design to include specialty sub-consultant services, including structural, mechanical, electrical, and plumbing, in the amount of $21,150; and WHEREAS, staff have reviewed the proposal and find it very fair and generous in the area of architectural services; and
WHEREAS, staff recommends the City Council approve the proposed agreement with Herron & Rumansoff Architects, INC. in an amount not to exceed $21,150 to perform professional design services for the rehabilitation needed at the City’s facility located at 555 St. John Place, waive procurement procedures, and authorize the City Manager to execute all necessary documents related to the agreement.

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

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

SECTION 2. The City Council hereby awards a Professional Services Agreement to Herron & Rumansoff Architects, INC. in an amount not to exceed $21,150.00 for interior and exterior tenant improvements at the City facility located at 555 St. John Place (CIP 2523) and waives procurement procedures.

17.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 3
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SECTION 3. The City Manager, is hereby authorized to execute a City of Hemet professional services agreement with Herron & Rumansoff Architects, Inc. and all related documents necessary to carry out the intent of this resolution.

SECTION 4. The Administrative Services Director, or designee, is hereby authorized to process the necessary payments in accordance with the terms of the executed agreement.

SECTION 5. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED 23rd day of September, 2025. ____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

17.H.

CITY OF HEMET RESOLUTION NO. 2025-XXX 4
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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of September, 2025, 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.H.

QC
Schematic Design
Construction Documents
Fee Snmmag
...... $ 17,950.00
_orchitects,
September 9, 2025
Noah Rau
City of Hemet Public Works Director
445 E. Florida Avenue
Hemet, CA 92543
RE Interior and Exterior Additions and Alterations to Accommodate the City of Hemet Active Engagement Response Outreach Facility 555 Saint John Place
Hemet, CA 92543
Dear Noah,
We appreciate the opportunity to submit this Architectural and Consultant Services Proposal for your consideration.Based on our site meetings and project descriptions,we propose to provide the following Architectural and Consultant Services for the proposed 2,403 s.f. above referenced interior and exterior tenant improvements for the fees indicated.

Based on our discussions and the project requirements, we will provide a Architectural Schematic Floor Plan for your review and approval.

Fee .................................
.................................
.
$ 3,200.00
Based on the approved Schematic Floor Plan, we will provide Architectural and Consultant Construction Document Services for City of Hemet BuildingPermit processing and construction purposes.

Architectural ... . $ 7,250.00
Structural Engineering $ 1,200.00
ElectricalEngineering ... $ 5,500.00
Mechanical and Title 24 Energy Calcs. $ 2,250.00
Plumbing Engineering ............. .. . $ 1,750.00
Fee ...................................
...............................
$ 17,950.00
Schematic Design $ 3,200.00
Construction Documents
Total $ 21,150.00
_530 St JohnPloce Hemet,Colifomio 95] 652—4431info©herronrumonsof?com

17.H.

RE:

Rum soff
September 9, 2025 Page 2
Noah Rau
Interior and Exterior Additions and Alterations to Accommodate the City of Hemet Active Engagement Response Outreach Facility 555 Saint John Place
Hemet. CA 92543
The above fees include:
1 Architectural and Consultant drawings for building permit processing and construction purposes.

The above fees do not include:

1. Civil or Soils Engineering.

2. City of Hemet Building Department/Planning/F ire Department submittal/processing/ permit fees.

3. Site Plan/Site Accessibility upgrades - Site Plan to be provided by City of Hemet.

4. Fire Sprinkler Design/Drawings.

5. Fencing Plan Design/Drawings.

6. Trash Enclosure Design/Drawings.

7. Parking Lot Light Pole Design/Drawings.

8. Landscape/Irrigation Design/Drawings.

9. Storage Shed Design/Drawings.

10. Bidding Coordination/Construction Administration.

11. Printing or other reproduction costs required for Governmental Processing, Owner’s use, bidding or construction purposes. These items shall be billed as reimbursable eXpensesat 1.15 times our cost in addition to the basic fee. The Owner has the option of setting up their own account at a local printing company.

We are looking forward to working with you on this project. If you have any questions regarding our proposed services or fees please do not hesitate to contact me.

Sincerely,
Russell P.

Architect
CA License # C-8045
PARR27430
RPthm

17.H.

00091740.2

PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF HEMET

A CALIFORNIA MUNICIPAL CORPORATION
AND
HERRON & RUMANSOFF, ARCHITECTS, INC.

A CALIFORNIA CORPORATION
AGREEMENT # 2026-022

17.H.

PROFESSIONAL SERVICES AGREEMENT

FOR PROFESSIONAL ARCHITECTURAL ENGINEERING DESIGN SERVICES FOR BUILDING REHAB AT 555 SAINT JOHN PLACE - CIP 2523
BETWEEN THE CITY OF HEMET AND HERRON & RUMANSOFF, ARCHITECTS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 23 day of September, 2025 (“Effective Date”), by and between the CITY OF HEMET (“City”), a California municipal corporation and Herron & Rumansoff, Architects, Inc., a California corporation (“Consultant”). For the purposes of this Agreement City and Consultant are sometimes hereinafter referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS

1. City has sought by direct negotiations the performance of the Professional Architectural Engineering Design Services for Building Rehab at 555 Saint John Place - CIP 2523 defined and described particularly in Section 2, “Scope of Services and Schedule of Performance” of this Agreement.

2. Consultant was selected by City to perform those services.

3. Consultant was selected by City on the basis of Consultant’s demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required.

4. City has authority to enter into this Agreement and the City Manager has authority to execute this Agreement.

5. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Section 2 “Scope of Services” of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, for and in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT
Subject to the provisions of Section 21 "Termination of Agreement" of this Agreement, the Term of this Agreement is through June 30, 2027, commencing on the Effective Date, unless otherwise extended by written agreement of the Parties. The City Manager may, in his or her sole discretion, unilaterally exercise an option to extend the Agreement on a month-to-month basis

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00092061.2
following expiration on the same terms and conditions, including compensation as set forth in Section 4 “Compensation.”
(a) Consultant acknowledges that the Agreement term may extend over multiple City fiscal years, and that the work and compensation under this Agreement is contingent on the City Council appropriating funding for and authorizing such work and compensation for those fiscal years. This Agreement may be terminated by the City Manager at the end of a fiscal year when sufficient funding is not appropriated and authorized for the subsequent fiscal year. City is not obligated to pay Consultant for any amounts not duly appropriated and authorized by the City Council.

SECTION 2. SCOPE OF SERVICES
Subject to this Agreement, all addendums and exhibits attached and incorporated hereto, Consultant agrees to perform the services and tasks set forth in Exhibit “A,” “Scope of Services” (hereinafter, the “Services”), and the City agrees to retain and does hereby retain Consultant for the Services.

SECTION 3. ADDITIONAL SERVICES
Consultant shall not be compensated for any work rendered in connection with its performance of this Agreement that is in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Twenty-One Thousand One Hundred and Fifty Dollars ($21,150.00) (“Not to Exceed Amount”) unless additional compensation is approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement.
(b) All City vendors and consultants receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City's Automated Clearing House (ACH) payments service/provider. Electronic payments are processed biweekly and are safe and secure. To enroll in ACH electronic payments contact [email protected].

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00092061.2
(c) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (d) If this Agreement is extended pursuant to Section 1 “Term of Agreement,” the City shall pay the same rates specified in Exhibit “B” “Compensation.” SECTION 5. METHOD OF PAYMENT AND INVOICING
(a) Payment shall be made in accordance with City’s usual accounting procedures upon receipt and approval of an itemized invoice setting forth the services performed. The invoices shall be emailed to [email protected]. Under no circumstances shall the total amount paid to Consultant under this Agreement exceed the City Manager’s authority without approval by the City Council.
(b) Consultant shall submit within 30 days of the end of each month a complete and accurate written itemized invoice for services performed and/or goods provided. The invoice must be in a format approved by City. In order to receive payment, Consultant shall submit to City an itemized invoice, on a monthly basis, for services performed pursuant to this Agreement. Each itemized invoice shall identify at the top of the first page, the Not to Exceed Amount (as set by Section 4(a) above), the total amount billed to date, the services rendered during the billing period, and the amount due for the statement invoice for which reimbursement is sought in the statement invoice. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub consultant contracts. Sub consultant charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in Section 4(a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of tasks performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty-five (45) days of receipt of Consultant’s correct and undisputed invoice. (d) The Parties estimate that performance of this Agreement will be accomplished without an increase in the Not to Exceed Amount. Consultant shall notify the City in writing whenever it has reason to believe that the costs the Consultant expects to incur under this Agreement in the following sixty (60) days, when added to all costs previously incurred,

17.H.

00092061.2
will exceed eighty percent (80%) of the Not to Exceed Amount specified herein. As part of the notification, the Consultant shall provide the City with a revised estimate of the total cost of performing this Agreement.

SECTION 6. INSPECTION AND FINAL ACCEPTANCE
City may inspect and accept or reject any of Consultant’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Consultant’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise, Consultant’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud, and such gross mistakes as amount to fraud. Acceptance of any of Consultant’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 17 “Indemnification” and Section 18 “Insurance.” SECTION 7. OWNERSHIP OF DOCUMENTS
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Upon completion, expiration, or termination of this Agreement, Consultant shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files, or other documents prepared, developed, or discovered by Consultant in the course of providing the Services pursuant to this Agreement, Consultant’s guarantees and warranties in Section 11 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

SECTION 8. INTELLECTUAL PROPERTY RIGHTS ASSIGNMENT
For no additional compensation, Consultant hereby assigns to City all of Consultant’s rights, title, and interest in and to the content of all deliverable materials created by Consultant or its employees, agents, or sub consultants, including copyrights, in connection with the Services performed under this Agreement. Consultant shall promptly execute and deliver and shall cause its employees, agents, and sub consultants to promptly execute and deliver, upon request by the City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection, or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors, and

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00092061.2
assigns, all right, title and interest in and to the content of the deliverable materials. For purposes of this section deliverable materials include all works, tangible or not, created under this Agreement including, without limitation, documents, material, data, reports, manuals, specifications, artwork, drawings, sketches, computer programs and databases, schematics, photographs, video and audiovisual recordings, sound recordings, marks, logos, graphic designs, notes, website, domain names, inventions, processes, formulas matters and combinations thereof, and all forms of intellectual property. The provisions of this paragraph are binding on the successors, assigns and heirs of Consultant and shall survive the termination of Consultant’s Services under this Agreement.

SECTION 9. CONSULTANT’S BOOKS AND RECORDS
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant’s performance of the Services. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures, and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the Services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit, and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant’s address indicated for receipt of notices, “Section 23,” of this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Consultant’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors in interest and authorized representatives.

SECTION 10. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee, or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt, or liability of any kind on behalf of or

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against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees, sub consultants or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

SECTION 11. STANDARD OF PERFORMANCE
Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perform all Services. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Consultant under this Agreement, and shall use such skill, prudence, and diligence as other members of Consultant’s profession commonly possess and exercise. In addition to the general standards of performance set forth in this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Services” that shall also be applicable to Consultant’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 12. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES Consultant shall keep itself informed of and comply with all applicable federal, state, and local laws, statutes, codes, ordinances, regulations, and rules in effect during the term of this Agreement. Consultant shall at all times observe and comply with all such laws, ordinances, and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances, and regulations. Consultant represents and warrants that Consultant has obtained or shall promptly obtain all necessary licenses to perform the Services set forth in this Agreement and that such licenses are in good standing, including but not limited to obtaining a City business license. Consultant further represents and warrants that the services provided herein shall conform to all ordinances, policies, and practices of the City. Neither City nor any elected or

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appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 13. PREVAILING WAGE LAWS
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. To the extent applicable, Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.

SECTION 14. NONDISCRIMINATION
Consultant and subconsultants shall not unlawfully discriminate, harass, or allow harassment against any person because of sex, sexual orientation, gender, gender identity, gender expression, reproductive health decision-making, race, color, religious creed, marital status, ancestry, national origin, medical condition, genetic information, age, disability (mental and physical), or military or veteran status in connection with or related to the performance of this Agreement. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Regs, tit. 2, § 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, § 12990 (a)-(f), are incorporated into this Agreement by reference and made a part hereof as set for in full (Cal. Code of Regs, tit. 2, § 7285.0, et seq.). Consultant shall include the non-discrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.

SECTION 15. CONFLICTS OF INTEREST
(a) Consultant covenants that neither it nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of the Services. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position

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of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for the purposes of this section. (c) City understands and acknowledges that Consultant will, perform non-related services for other governmental agencies and private parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 16. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law. (b) Consultant, its officers, employees, agents, or sub consultants, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent, or sub consultant of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents, or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right but has no obligation, to represent Consultant or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right of City to control, direct, or rewrite said response.

SECTION 17. INDEMNIFICATION
(a) To the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with legal counsel reasonably selected by the City) and hold harmless City and any and all of

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its elected and appointed officials, officers, employees, representatives and agents (“Indemnified Parties”) from and against any and all claims, actions and proceedings (whether at law or equity, administrative or judicial), demands, orders, judgments, losses, injuries (including, without limitation, injury to or death of an employee of Consultant or sub consultants), liabilities of every kind (including, without limitation, incidental and consequential damages, court costs, and litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and cost of investigation), damages, costs and expenses, including attorney’s fees and costs, (collectively "Claims") that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, performance of Services by Consultant, its officers, agents, employees, representatives, sub consultants, anyone directly or indirectly employed by any of them, or anyone that they control. Consultant’s duty to indemnify, protect, defend, and hold harmless Indemnified Parties, shall not include any Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. (b) Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub consultant, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Consultant and shall survive the termination of this Agreement and this section.

SECTION 18. INSURANCE
Consultant agrees to obtain and maintain in full force and effect during the Term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Consultant agrees to provide City with copies of required policies upon request.

SECTION 19. ASSIGNMENT
The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City, which may be given in the sole and

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absolute discretion of the City Manager. Any attempted assignment shall be ineffective, null, and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 21 “Termination of Agreement.” City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

If in the performance of its duties Consultant utilizes sub consultants or subcontractors, Consultant covenants that subcontracts, if any, shall contain a provision making sub consultants or subcontractors subject to all provisions stipulated in this Agreement, including without limitation, the insurance obligations set forth in Section 18 “Insurance.” The Consultant acknowledges and agrees that the City is an intended beneficiary of any work performed by any sub consultant or subcontractor for purposes of establishing a duty of care between any sub consultant or subcontractor and the City.

SECTION 20. CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors / sub consultants, if any, assigned to perform the Services.

Consultant shall notify City of any changes in Consultant’s staff and subcontractors/sub consultants, if any, assigned to perform the Services prior to and during any such performance.

SECTION 21. TERMINATION OF AGREEMENT
(a) City may terminate this Agreement in its sole and absolute discretion, with or without cause, at any time by giving written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant’s possession shall be returned to City.

Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 5 “Method of Payment and Invoicing” of this Agreement. (e) Upon written notice, City may suspend all or any portion of Consultant’s performance under this Agreement at its sole option and for its convenience for a reasonable period of time not to exceed six (6) months. City will pay to Consultant a sum equivalent to the

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reasonable value of the services satisfactorily provided up to the date of suspension. City may rescind the suspension prior to or at six (6) months by providing Consultant with written notice of the rescission, at which time Consultant would be required to resume performance in compliance with the terms and provisions of this Agreement. Consultant will be entitled to an extension of time to complete performance under this Agreement equal to the length of the suspension unless otherwise agreed to in writing by the Parties.

SECTION 22. EXCUSABLE DELAYS
Neither Party shall be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of either Party. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Hemet
Attn: City Manager
445 E. Florida Ave.

Hemet, CA 92543
To Consultant: Herron & Rumansoff Architects, Inc.

Attn: Russel Rumansoff
530 St. John Place
Hemet, CA 92543
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

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The person or persons executing this Agreement on behalf of Consultant represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

SECTION 25. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 27 “Amendment” and the City Manager’s contracting authority under the Hemet Municipal Code.

SECTION 26. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 27. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority. All other amendments shall be approved by the City Council. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 28. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 29. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 30. ATTORNEY’S FEES, COSTS AND EXPENSES.

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In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 31. ENTIRE AGREEMENT.

This Agreement, including the attached exhibits and addendums, along with any amendments thereto, is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 32. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 33. INCORPORATION AND CONFLICTING TERMS.
(a) The following documents are incorporated and made part of this Agreement by this reference:

1. All exhibits and addendums

2. All amendments

3. Consultant’s proposal, if any

4. Any laws, regulations, requirements, or restrictions, applicable to the funding source used by City to pay Consultant for any portion of work done under Agreement (“Funding Restrictions”)
(b) The documents listed above shall be referred to collectively as the “Agreement Documents.” The Agreement Documents are intended to be complementary, and a requirement in one Document is effective as if it appeared in all the Documents. In the event of a conflict between any of the Agreement Documents, the Documents shall be given effect in the following order: Funding Restrictions, Amendments (most recent first), this Agreement, Insurance requirements, exhibits and addendums, and Consultant’s proposal. Where the requirements of one Document are more stringent then another the more stringent shall govern.

SECTION 34. TIME OF THE ESSENCE.

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Time is of the essence for each and every provision of this Agreement. [SIGNATURE PAGE FOLLOWS]

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00091740.2
Signature Page

PROFESSIONAL SERVICES AGREEMENT

FOR PROFESSIONAL ARCHITECTURAL ENGINEERING DESIGN SERVICES FOR BUILDING REHAB AT 555 SAINT JOHN PLACE - CIP 2523
BETWEEN THE CITY OF HEMET AND HERRON & RUMANSOFF, ARCHITECTS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF HEMET
___________________________
Mark Prestwich
City Manager
ATTEST:

CITY CLERK
By: ___________________________
APPROVED AS TO FORM:

CITY ATTORNEY
By: ____________________________

CONSULTANT
By:

Its:

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Exhibit A – Scope of Services
Page | 1
EXHIBIT “A”

SCOPE OF SERVICES
Architectural and Consultant Services for the proposed 2,403 SF interior and exterior tenant improvements located at 555 St. John Place, Hemet, CA 92543 per the attached consultant proposal.

Consultant will provide an Architectural Schematic Floor Plan for the City’s review and approval.

Based on the approved Schematic Floor Plan, consultant will provide Architectural and Consultant Construction Document Services for City of Hemet Building Permit processing and Construction purpose, which is to include: Architectural, Structural Engineering, Electrical Engineering, Mechanical and Title 24 Energy Calcs and Plumbing Engineering documents.

The following items are not included: Civil or Soils Engineering, City of Hemet Building Department/Planning/Fire Department submittal/processing/permit fees, Site Plan/Site Accessibility upgrades – Site Plan to be provide by City of Hemet, Fire Sprinkler Design/Drawings, Fencing Plan Design/Drawings, Trash Enclosure Design/Drawings, Parking Lot Light Pole Design/Drawings, Landscape/Irrigation Design/Drawings, Storage Shed Design/Drawings, Bidding Coordination/Construction Administration, or Printing or other reproduction costs required for Governmental Processing, Owner’s use, bidding or construction purposes. These items shall be billed as reimbursable eXpensesat 1.15 times our cost in addition to the basic fee. The Owner has the option of setting up their own account at a local printing company.

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Exhibit B – Compensation
Page | 1
EXHIBIT “B”

COMPENSATION
Compensation for the Services shall not exceed Twenty-One Thousand One Hundred and Fifty Dollars ($21,150.00).

Consultant will provide the following services to the satisfaction of the City:

Schematic Design
Fee - $ 3,200.00
Construction Documents
Architectural - $ 7,250.00
Structural Engineering - $ 1,200.00
Electrical Engineering - $ 5,500.00
Mechanical and Title 24 Energy Calcs. - $ 2,250.00
Plumbing Engineering -$ 1,750.00

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EXHIBIT “C”

INSURANCE
(A)INSURANCE REQUIREMENTS. Consultant shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the Term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Consultant shall provide the following scope and limits of insurance:

1. MINIMUM SCOPE OF INSURANCE. Consultant shall maintain the following types and limits of insurance.

2. MINIMUM LIMITS OF INSURANCE.

GENERAL LIABILITY INSURANCE. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

AUTOMOBILE LIABILITY INSURANCE. Consultant shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

PROFESSIONAL LIABILITY (ERRORS & OMISSIONS) INSURANCE. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

WORKERS’ COMPENSATION INSURANCE. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000 per accident or disease). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

UMBRELLA OR EXCESS LIABILITY INSURANCE. [Optional depending on limits required]. As an option to meet the limits of insurance required by this Agreement, Consultant may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary

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coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

1. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;

2. Pay on behalf of wording as opposed to reimbursement;

3. Concurrency of effective dates with primary policies;

4. Policies shall “follow form” to the underlying primary policies; and

5. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(B) OTHER PROVISIONS. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. (C) OTHER REQUIREMENTS. Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. Upon request from the City, Consultant shall furnish certificates and endorsements from each subcontractor identical to those Consultant provides.

2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City or its respective elected or appointed officers, officials, employees, and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit Consultant’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

4. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on

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a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub consultants.

6. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

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EXHIBIT “D”

FEDERAL PROVISIONS

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City of Hemet
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - Sep 23 2025
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Elodie Klug, Deputy City Clerk, Monique Alaniz-Flejter, Community Development Director;
☐ Receive and File ☒ Consent Calendar ☐ Business Item ☐ Public Hearing TITLE:

Second Reading and Adoption of an Ordinance 2058 of the City Council of the City of Hemet, California, Amending Portions of the Hemet Municipal Code, Chapter 90 Article XXXVI "Signs," to Permit Reduction and Relocation of Existing Static Outdoor Advertising Displays Under Limited Circumstances, and to Further Amend Sections of the Hemet Municipal Code to Harmonize Current Sections with such Reduction and Relocation Language
RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

Waive further reading adopt Ordinance No. 2058 of the City Council of the City of Hemet, California, adopting Zoning Ordinance Amendment No. 25-001 to amend Chapter 90 Article XXXVI "Signs", to Permit Reduction and Relocation of Existing Static Outdoor Advertising Displays Under Limited Circumstances, and to Further Amend Sections of Hemet Municipal Code to Harmonize Current Sections with such Reduction and Relocation Language.

BACKGROUND:

On August 13, 2024, the City Council adopted the Hemet RISES Economic Strategy, which included the replacement of Traditional Billboards with revenue-producing Digital Outdoor Display Billboards.

On December 17, 2024, staff provided a presentation to the Planning Commission on the proposed zoning code update for Digital Outdoor Advertising Display Signs, and associated Relocation and Net Reduction Agreement. At that meeting, the Planning Commission provided input on the zoning code update draft ordinance, proposed design concepts, and evaluated recommended potential locations for two future digital display boards on Highway 74/Florida Avenue and one located on Domenigoni Parkway and Sanderson Avenue.

A second public hearing was held before the Planning Commission on April 15, 2025, to present a revised draft of the proposed ordinance, responding to comments made at the December 17, 2024,

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public hearing. A recap of the final recommendations from the Planning Commission is included in the Discussion Section of this staff report, below.

At a duly noticed public hearing held on May 13, 2025, a first reading of the Ordinance Bill No. 2058 was considered by the City Council. At that meeting, the Council made a motion to create an Ad-Hoc committee to include Mayor Peterson and Council Member Howard-Clark to consider recommendations from the Planning Commission and provide a recommendation to the City Council.

On July 3, 2025, the City re-noticed the public hearing for the July 14, 2025, City Council meeting by advertising in the Press Enterprise newspaper prior to the holding of a public hearing at which the project would be considered by the City Council. At that meeting, the City Council voted to continue the item to the September 9, 2025, City Council meeting.

DISCUSSION:

The City Council Ad-Hoc was appointed to review and consider the recommendations from the Planning Commission that were included in the First Reading of the Ordinance presented to the City Council on May 13, 2025.

The Council Ad-Hoc recommends the following.
 Compensation to property owners who currently receive lease payments for static billboards located on their property and will lose this source of revenue once their static billboard is removed, and that they should be allowed to participate in a profit-sharing agreement.

Ad Hoc Recommendation: This provision has been eliminated from the draft ordinance.  A pre-determined ratio for the number of Digital Outdoor Advertising Display Signs that will replace the static billboards (e.g., 1:3 or 1:4)
Ad-Hoc Recommendation: A minimum 3:1 Ratio
Vendor Request: As confirmed by the Regional Real Estate Director, a 2:1 Ratio was approved by the Lamar Corporate Digital Committee.

Alternative: The Council may wish to approve the Ordinance at a 3:1 Ratio, with a provision that the Ordinance shall become null and void if the vendor fails to exercise the benefits of this Ordinance within 18 months through a Net Reduction and Relocation Agreement.  A minimum vertical clearance height below the sign of at least ten (10) feet, and a maximum overall signage height not to exceed thirty (30) feet.

Ad-Hoc Recommendation: No concerns noted. As written, the Ordinance reflects this provision.
 Digital Outdoor Advertising Display Signs should be limited to locations on the Highway 74/Florida Avenue corridor only.

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Ad-Hoc Recommendation: Digital Outdoor Advertising Display may be located on Highway 74/Florida Avenue and Domenigoni Parkway, and Sanderson Avenue in conjunction with a minimum 3:1 Ratio.
 At a future date, when all of the static billboards have been removed and replaced with Digital Outdoor Advertising Display Signs, the ordinance shall become null and void as it will no longer be applicable.

Ad-Hoc Recommendation: Amortization language to read as follows: Digital Outdoor Advertising Displays may only be constructed in conjunction with a Net Reduction and Relocation Agreement pursuant to Section 90-1285, and the provisions of this ordinance shall expire when all nonconforming Outdoor Advertising Display signs have been removed.  Advertisement Content to be included with the Net Reduction and Relocation Agreement, and Revenue Sharing Agreement, subject to City Council approval.

Ad-Hoc Recommendation: The Ad-Hoc recommended restricting advertisement content that includes Adult Entertainment Uses, Cigarettes and Vaping, and Massage Parlors. Retail Cannabis would be okay with 3:1 Ratio.

Ad-Hoc Recommendation: The Ad-Hoc recommended that advertisement include public service announcements, including Amber Alerts, Silver Alerts, and Feather Alerts.

Notice of the City Council public hearing should be sent to all Property Owners who currently have a static billboard on their property. A notice was mailed out on July 1, 2025, for the scheduled July 15, 2025. Additionally, a courtesy notice with a continued hearing date was mailed out to the Property Owners who currently have a static billboard on their property for this hearing.

PREVIOUS COUNCIL ACTION:

At the September 9, 2025, Regular City Council Meeting, the City Council approved waiving full reading and introduced Ordinance 2058 by the following vote:

MOTION BY MAYOR PRO TEM KRUPA, SECOND BY COUNCIL MEMBER LODGE PASSED 5-0, to:

1. Waive full reading and introduce by title only Ordinance 2058 of the City Council of the City of Hemet, California, adopting Zoning Ordinance Amendment No. 25-001 to amend Chapter 90 Article XXXVI "Signs", to Permit Reduction and Relocation of Existing Static Outdoor Advertising Displays Under Limited Circumstances, and to Further Amend Sections of Hemet Municipal Code to Harmonize Current Sections with such Reduction and Relocation Language as amended;

2. Find that the Project is Categorically Exempt from CEQA in accordance with CEQA Guidelines Section 15061(b)(3), the “common sense exemption,” as it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment;

3. Direct the City Clerk to place Ordinance 2058 on the Consent Calendar for the next regular meeting of the City Council for second reading and adoption.

STRATEGIC PLAN INTEGRATION:

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GOAL ONE: QUALITY OF LIFE:

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

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

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.

Provide resources for new businesses to enhance the customer service experience.

On August 13 2024, the City Council adopted the Hemet Rises Economic Strategy, which included Replacement of Traditional Billboards with Revenue Producing Digital Display Billboards.

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.

Increase the community's pride within the City.

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

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.

Operate in a financially sustainable manner.

Evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

Costs are nominal and include staff time and City Attorney time to prepare the draft Ordinance, and public noticing advertising costs for three public hearings. Future revenues can be expected from demolition permits for static billboard sign removal; planning entitlement application fees, building permit and plan check fees for new Digital Outdoor Advertising Display Signs; and revenue sharing agreements. Future revenue potential remains unknown until such time that an agreement can be negotiated between the City and the Applicant/Owner of the Digital Outdoor Advertising Display Signs.

ALTERNATIVE(S):

Alternative Recommendations:

1. The City Council may adopt the draft Ordinance as proposed;

2. The City Councilmay recommend additional modifications to the proposed Zoning Ordinance Amendment;

3. The City Council may disapprove the draft Ordinance.

REVIEWED BY LEGAL:

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☒ Staff report ☐ Resolution
☒ Ordinance ☐ Agreement
ATTACHMENT(S):

Attachment 1: CC Ordinance. 08.28.25
Attachment 2: May 13, 2025, City Council Staff Report (Introduction) Attachment 3: 070325 PHN Certificate of Mailing - No Labels Attachment 4: 070325 PHN Proof of Publication Affidavit

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CITY OF HEMET ORDINANCE NO. 2058 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2058

AN ORDINANCE OF THE CITY OF HEMET AMENDING PORTIONS OF
THE HEMET MUNICIPAL CODE, CHAPTER 90, ARTICLE XXXVI
“SIGNS”, TO PERMIT REDUCTION AND RELOCATION OF EXISTING

STATIC OUTDOOR ADVERTISING DISPLAYS UNDER LIMITED

CIRCUMSTANCES, AND TO FURTHER AMEND SECTIONS OF HEMET

MUNICIPAL CODE TO HARMONIZE CURRENT SECTIONS WITH

SUCH REDUCTION AND RELOCATION LANGUAGE
WHEREAS, Outdoor Advertising Displays (commonly known as billboards) and/or the relocation of existing Outdoor Advertising Displays in all zones in the City; and
WHEREAS, the City Council of the City of Hemet (“City Council”) finds that Relocation and Net Reduction Agreements memorializing the reduction of static Outdoor Advertising Displays, while allowing the construction of Digital Outdoor Advertising Displays, will ultimately reduce the overall number of Outdoor Advertising Displays thereby reducing blight; and
WHEREAS, there will be a decrease in the square footage of existing Outdoor Advertising Displays in the City, which will reduce visual clutter; and WHEREAS, the City will continue to require permitting and oversight of Digital Outdoor Advertising Displays; and

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WHEREAS, Relocation and Net Reduction Agreements will generate general fund revenue for the City because the City will benefit from leasing its land to Digital Outdoor Digital Outdoor Advertising Display companies; and WHEREAS, Relocation and Net Reduction Agreements as set forth herein will serve the public interest of the City by allowing public development to continue in a planned manner; and
WHEREAS, the City Council therefore determines that this Ordinance is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the residents of the City.

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

SECTION 1. The above recitals are all true and correct and are incorporated SECTION 2: AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-1242 “DEFINITIONS.”
The following edits to Section 90-1242 “Definitions” of the Hemet Municipal Code shall be made as follows:

The following words, terms, and phrases, when used in this article, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned sign means any sign which no longer advertises an approved use or activity being undertaken or existing upon the lot, parcel of land, or premises on which the sign is located.

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Balloon means an air or gas filled three-dimensional object attached to a string, rope, or cable, and tethered to a place or object.

Balloon, large, means a balloon that is larger than three square feet deflated.

Balloon, small, means a balloon that is three square feet or less in size deflated.

Banner sign means any sign printed or displayed upon cloth or other flexible material, with or without a frame.

Banner sign, award, means a banner sign advertising the receipt of an award by the establishment on which the banner sign is displayed from an established organization or entity.

Bulletin board sign means a sign that is characterized by changeable copy, letters, symbols, or numerals used to announce a coming event attraction or used to convey a specific message related to the structure or use of the property on which the bulletin board is located. Bulletin board signs include only those signs with manually changeable copy.

Campaign sign means a sign that is designed to influence the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election.

Candela means the base unit of luminous intensity in the International System of Units that is equal to the luminous intensity in a given direction of a source which emits monochromatic radiation of frequency 540 × 10 12 hertz and has a radiant intensity in that direction of 1/683 watt per unit solid angle.

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Cane sign means a portable, self-supporting advertising banner, usually tall and narrow with a single pole on one side that curves across the top to frame the banner.

Cane signs are typically affixed to the ground by inserting a metal stake into turf or soil.

Canopy means a fixed shelter of any material and of any length projecting from a building or structure and supported by columns or posts from the ground, or a freestanding shelter supported by columns and posts from the ground.

Canopy sign means a sign painted on or attached to the vertical or underneath side of, or erected on the roof surface of, a canopy.

Commercial message means any wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity.

Commercial sign means any sign that is intended to attract attention to a commercial or industrial business, occupancy, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose.

Community event means an event open to the general public conducted by the city, another public agency, or other community organization that has received a permit from the city to conduct the event.

Construction sign means any sign or nameplate which relates only to individuals, businesses, or firms directly connected with construction or development of a building, property, or premises upon which such signs or nameplates are located.

Department means the planning department of the city.

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Digital Outdoor Advertising Display means a General outdoor advertising display (as defined) sign with a fixed or changing display/message composed of a series of lights using digital message technology capable of changing the static message on the sign electronically.

Director means the director of the planning department or the director's designee.

Directional sign means an on-site sign that provides directional information to assist drivers, pedestrians, and travelers with wayfinding through a multi-tenant center.

Double-faced sign means a sign that has two display surfaces, which are backed against each other or against the same supporting structure in such a manner that each display surface is designed to be viewed from a different direction.

Drive-in or drive-through restaurant means any building or structure in which food or drink are catered or served to the occupant of a vehicle where such occupant is not required to leave the vehicle for a rendered service or where the primary business activity consists of carryout food orders.

Erect means to build, construct, attach, place, suspend, or affix to or upon any surface.

Freestanding sign means a permanent sign standing directly upon the ground or having one or more supports standing directly upon the ground, and detached from any building or structure.

Frontage:

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Building frontage means the linear distance of a building utilized for one or more purposes, facing a street, mall, driveway or parking lot.

Lot frontage means the linear distance of a site or separate portion of a site utilized for one or more purposes facing a street, mall, driveway or parking lot on property used in conjunction with that of the applicant.

Fuel pricing sign means a sign indicating the brand or trade name, method of sale, grade designation, and price per gallon of gasoline or other motor vehicle fuel offered for sale on the premises, and such other information regarding fuel and service as may be required by law.

Future development sign means a sign indicating the future location of a building or use and the developer of such building or use.

General outdoor advertising sign means a sign that directs attention to a business, profession, product, commodity or service that is not the primary business, profession, commodity, product or service sold, manufactured, conducted or offered on the site on which the sign is located (i.e., a billboard). These signs do not include offsite directional real estate signs.

General outdoor advertising display shall mean a sign, regardless of the number of panels, that meets the following criteria:
a. The sign contains any component that is more than nine (9) feet in height above the ground and/ or more than five (5) feet in width.

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Grand opening means a special event held within 60 days of the start of a business's occupancy of a location for the purpose of promoting the newly established business or location.

Gross mural area means the entire area of a mural painted or applied to a building or wall surface.

Hand-held sign means a sign that is held by or otherwise mounted on a person.

For the purposes of this article, "hand-held sign" does not include a noncommercial sign
Identification sign means any sign which is used to identify or advertise the occupant of a building, lot, premises, or parcel, or the merchandise or activity available at the building, lot, premises, or parcel where the sign is located.

Illegal sign means:
(a)Any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation;(b)Any abandoned sign;(c)Any unsafe sign;(d)Any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this Code; and(e)Any sign that is in violation of the provisions of this article.

Incidental sign means a sign indicating credit cards accepted, trade affiliations, no solicitation, no trespassing, and similar property-related matters.

Inflatable sign means a sign that is inflated by air or other gaseous matter.

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LED display board sign means that portion of an on-site freestanding sign with the capability of presenting variable messages or displays through electronically controlled lighting and which can be programmed to change the content of the display periodically.

Legal nonconforming sign means a sign that was originally erected or installed in compliance with all structural, locational, design, building, and electrical regulations at the time of its erection or installation, but which no longer conforms to the provisions of this article.

Lighted sign means a sign which is illuminated either directly or indirectly by artificial light.

Marquee means a permanent cantilevered roof structure attached to and solely supported by a building wall, and which projects over a public right-of-way.

Marquee sign means a sign painted on or attached to the vertical or underneath side of, or erected on the roof surface of, a marquee.

Master sign program means a plan showing the location, dimensions, area, color, lighting, and materials of all signs located on a single parcel or parcels, either under the same ownership or under the same planned development permit.

Minor identification sign means an identification sign that does not exceed four square feet in area and the copy does not exceed four inches in height.

Mobile sign means the use of a moving trailer, automobile, truck, or any other vehicle to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of such vehicle.

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Monument sign means a low-profile sign which is mounted on the ground or on a low supporting base upon the ground and has no vertical supports or members which raise the sign display area above the ground, such that the sign display area is visibly detached from the ground or the supporting base more than eight inches at any point.

Moving or flashing sign means any sign or other advertising medium that moves, flashes, or blinks in an on and off manner, or gives the illusion of movement in any form, or that rotates, oscillates, shimmers, or glitters, or gives the appearance thereof.

Mural means a pictorial illustration or graphic presentation painted on or applied to a building or wall. Colors will not be limited by subsection 90-1248(1).

Noncommercial message means any wording, logo or other representations that does not directly or indirectly, name, advertise or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity.

Noncommercial sign means a sign that does not name, advertise, or call attention to a commercial or industrial business, commodity, product, good, service, or other commercial or industrial activity for a commercial or industrial purpose.

Off-site sign means a commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service, or other commercial or industrial activity which originates on a site other than where the sign is maintained. For the purposes of this article, all signs with noncommercial messages are deemed to be "on-site," regardless of location.

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On-site sign means any sign which directs attention to occupancy, business, commodity, good, product, service, or other activity conducted, sold, or offered upon the site where the sign is maintained. For the purposes of this article, all noncommercial messages are deemed to be "on-site," regardless of location.

Pennant means a long, tapering, usually triangular flag made of flexible materials, such as cloth, paper, or plastic, which is attached by a string to buildings or light fixtures and used for promotional purposes and to attract the attention of passersby.

Portable sign means a sign that is not permanently affixed, anchored, or secured to either the ground or a structure on the premises it is intended to occupy, but does not include hand-held signs. For the purposes of this article, a portable sign does not include a noncommercial sign.

Portable sign, menu, means a portable sign with an "A" frame that is at a location suitable for and scaled for pedestrian viewing.

Projecting sign means any sign projecting more than 12 inches from the face of a building, structure, canopy, or marquee.

Promotional poster frame sign means a permanently mounted frame located at drive-thru establishments that allows for unlimited interchangeable temporary signs to be placed within the frame. The temporary signs within the frame are usually printed on paper or lightweight cardboard and promote temporary sales and events.

Real estate sign means a sign announcing that a building, premises, parcel, or portion thereof is for sale, lease, or rent.

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Real estate sign, off-site directional, means a real estate sign used during specified times to assist with wayfinding to existing homes for sale that are being shown to the public during an "open house" event.

Real estate sign, on-site, means a real estate sign located on the property that is for sale, lease or rent.

Relocation and Net Reduction Agreement means an agreement entered into by between the City and a Digital Outdoor Advertising Display owner and/or operator to both reduce and relocate existing Outdoor Advertising Displays, which shall be subject to approval by City Council. Such reduction shall be set forth in the agreement. and shall include a minimum ratio of 3:1 for the number of static general outdoor advertising display signs (billboards) to be replaced by each new Digital Outdoor Advertising Display.

Roof sign means any sign supported by or attached to or projecting through the roof of a building or structure and projecting above the eave line or parapet wall of the building or structure.

Security warning sign means a sign used to announce a neighborhood watch security system.

Sign means any structure, device, letter, figure, character, poster, picture, trademark, or reading matter which is used or designed to announce, declare, demonstrate, display, or otherwise identify, advertise, or attract the attention of the public. However, a sign does not include the following:

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(1) Official notices authorized by a court, public body, or public officer. (2) Traffic, directional, warning, or information signs authorized by federal, state, or municipal authority. (3) The official flag, emblem or insignia of a government, public school or religious group or agency. (4) Memorial plaques or tablets, or cornerstones indicating the name of a building and the date of construction, when cut or carved into any masonry surface or when made of bronze or other incombustible material and made an integral part of the building or structure. (5) Signs within a building, except window signs permitted under subsection 90-1275(c)(4) and banner signs in automobile service bays permitted under subsection 90-1275(c)(1)(g)(ii). (6) Signs on public school property. (7) Signs on street legal vehicles, license plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool (not including general advertising that is unrelated to the principal use of such vehicle for such business or service) provided the vehicle is being used as an instrument or tool of the business and service and not primarily for advertising, and messages relating to the proposed sale, lease or exchange of a vehicle.

Sign face means that portion of a sign intended to be viewed from one direction at a time.

Special event means a temporary event conducted at a commercial business establishment, including, but not limited to, grand openings, going out of business/liquidation sales, parking lot sales, and seasonal/holiday sales, subject to the granting of a temporary use permit or other special events conducted for the benefit of

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the community at large. Special events do not include temporary promotions of particular items or services for sale.

Stake sign means a temporary sign usually made of cardboard or plastic mounted to a wood or metal stake that is stuck into the ground.

Subdivision sign means a sign erected and maintained within the boundaries of a recorded subdivision and indicating the name of the subdivision, the name of the contractor or subdivider, and the name of the owner or agent, and giving information regarding directions, prices, or terms.

Temporary sign means any sign constructed of cloth, canvas, light fabric, cardboard, wallboard, wood, or other light materials, with or without frames, intended to be displayed for a limited period of time.

Theatrical event means a live performance of artistic work, such as a play or musical compositions, that is open to the general public and will be occurring for a limited duration of time.

Time and temperature device means that portion of any sign, exclusive of any advertisement copy or advertising media, which may on a periodic basis change its character and appearance to provide information as to time of day or condition of the weather measured in degrees.

Unsafe sign means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure, its location, or its mounting mechanism.

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Wall sign means any permanent sign painted or otherwise marked on or attached parallel to the face of an exterior wall or on any exterior surface of any structure or building.

Window sign, permanent, means a sign attached to or painted on a window designating the name or identifying the type of business conducted on the premises.

Window sign, temporary, means a sign attached to or placed on or within three feet of the interior of a window that does not designate the name or identify the type of business conducted on the premises. Temporary window signs do not include signs utilized as part of a window display of merchandise when such signs are incorporated within the display.

SECTION 3. AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-1248 “DESIGN, MATERIAL, CONSTRUCTION AND MAINTENANCE STANDARDS.” The following edits to Section 90-1248 “Design, material, construction and maintenance standards” of the Hemet Municipal Code shall be made as follows:

Sec. 90-1248. Design, material, construction, and maintenance standards.

Each permanent sign that requires a sign permit must comply with the following standards:
(1) Materials and colors. All permanent signs must be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity. No sign

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may contain more than five colors. Tints and shades of a color will be considered as one color. Black and white will be considered as colors. (2) Relationship to buildings. Each permanent sign located upon a site with more than one main building, such as a commercial, office, or industrial complex, must be designed to incorporate the materials common to or similar to all buildings. (3) Relationship to other signs. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements:
a. Type of construction materials;
b. Sign/letter color and style of copy;
c. Method used for supporting sign (e.g., wall or ground base); d. Sign cabinet or other configuration of sign area;
e. Illumination; and
f. Location.
(4) Sign illumination. Illumination from or upon any sign must be shaded, shielded, directed, or reduced so as to minimize light spillage onto the public right-ofway or adjacent properties, and in no event may illumination be permitted to cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs must be lighted by screened or hidden light sources. The provisions of this subsection do not apply to LED display boards or Digital Outdoor Advertising Displays.

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(5) Construction. Every sign, and all parts, portions, and materials thereof, must be manufactured, assembled, and erected in compliance with all applicable state, federal, and city regulations, including the city's building code and electrical code.

Under no circumstances may a permanent sign have an exposed back. (6) Maintenance. Every sign and all parts, portions, and materials must be maintained in good repair. The display surface of all signs must be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair.

This maintenance obligation includes the replacement of malfunctioning or burned-out lamps, replacement of broken faces, repainting of rust, chipped, or peeling structures or faces within 15 days following written notification by the city. (7) Removal of signs and restoration of building or property. When there is a change or discontinuance of a business or occupancy such that a sign no longer properly identifies a place of business or occupancy, the sign must be removed or the name of the prior business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting structure within 60 days of the change or discontinuance of a business or occupancy. Within 30 days of the removal of a sign from a building or from the grounds of the premises if a freestanding sign, the building or the grounds of the premises must be repaired and restored to remove any visible damage or blemish left by the removal of the sign.

SECTION 4. AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-1280 “PROHIBITED SIGNS.”

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The following edits to Section 90-1280 “Prohibited Signs” of the Hemet Municipal Code shall be made as follows:

Sec. 90-1280. Prohibited signs.

The following signs are prohibited in all zones:
(1) Temporary signs, except as specifically permitted in sections 90-1245 and 90-1275. Prohibited temporary signs include, but are not limited to, stake signs (except real estate open house signs) and hand-held commercial signs. (2) Devices projecting or otherwise reproducing the image of a sign or message on any surface or object.
(3) General outdoor advertising signs, except legal nonconforming Outdoor Advertising Display signs as permitted in subsection 90-1281(c), unless relocated pursuant to a Relocation and Net Reduction Agreement pursuant to Section 90-1285. (4) Inflatable signs, except balloons as permitted under section 90-1275. (5) Mobile signs.
(6) Moving and flashing signs.
(7) Off-site signs, except for off-site directional real estate signs as permitted under section 90-1275.
(8) Portable commercial signs, except temporary signs as permitted under section 90-1275.
(9) Roof signs.

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(10) Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign. (11) Signs emitting audible sounds, odors, or particulate matter.

SECTION 5. AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-1281 “LEGAL NONCONFORMING SIGNS.”
The following edits to Section 90-1281 “Legal nonconforming signs” of the Hemet Municipal Code shall be made as follows:

Sec. 90-1281. Legal nonconforming signs.
(a) Generally. In order to limit the number and extent of legal nonconforming signs created by the adoption of this article, it is the intent to permit nonconformities to continue until they are removed, but not to encourage their survival. Therefore, a sign existing before the effective date of the original ordinance codified in this article (August 28, 1984), or existing on the date of any amendment to this article or a zone change or annexation to the city, may be used in accordance with other provisions of this article, provided that no such legal nonconforming sign may be enlarged, expanded, extended, altered, moved, reestablished after abandonment, or restored after destruction, except that the text or sign face of a legal nonconforming sign may be changed as long as there is no change in area or sign structure.
(b) Special circumstances. In accordance with California Business and Profession Code Section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances

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would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations, and permits. Any such sign will be deemed to be in conformance with this article. (c) Legal nonconforming general outdoor advertising signs. Existing legal nonconforming general outdoor advertising signs may be relocated in accordance with a Net Reduction and Relocation Agreement pursuant to Section 90-1285 when the following requirements are met:
(1) Proof that the existing sign was legally erected.
(2) A conditional use permit has been approved in accordance with sections 90-42 through 90-42.11 of this Code. Prior to approval of the conditional use permit, an additional finding must be made by the approving authority that the removal and relocation of the general outdoor advertising sign fulfills a public purpose. In furtherance of that requirement, the conditional use permit must include a requirement that the sign be made available for use by the city for civic advertising purposes, at no charge, for up to a maximum of 30 calendar days per year, on such terms as may be set forth in the conditional use permit.
(2) The existing general outdoor advertising sign(s) must be removed prior to erecting a new Digital Outdoor Advertising Display sign in accordance with the Net Reduction and Relocation Agreement pursuant to Section 90-1285.

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CITY OF HEMET ORDINANCE NO. 2058 20
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(4) If the existing sign was double-faced, then its replacement may be double-faced.

However, in no case may the sign area exceed 300 square feet per face. The maximum height of the sign may not exceed 25 feet.
(5) The relocated sign may not be illuminated unless the original sign was illuminated.
(6) If the sign is illuminated, the illumination must be turned off no later than 10:00 p.m.
(7) There may be no moving parts or electrification of the sign.

SECTION 6. ADDITION TO HEMET MUNICIPAL CODE SECTION 90-1285 “RELOCATION AND NET REDUCTION AGREEMENT FOR OUTDOOR
ADVERTISING DISPLAYS.”
The following addition to Section 90-1285 “Relocation and Net Reduction Agreement for Outdoor Advertising Displays” of the Hemet Municipal Code shall be made as follows:

Sec. 90-1285. Relocation and Net Reduction Agreement for Outdoor Advertising Displays

1. Purposes of Relocation and Net Reduction Agreement.
a. The purpose of a Relocation and Net Reduction Agreement is to reduce the overall number of static General Outdoor Advertising signs (commonly known as billboards) within the City by requiring removal of static General Outdoor Advertising signs, and to allow construction of new Digital Outdoor Advertising Display to be placed in more suitable locations and provide for more attractive, aesthetically-pleasing Digital

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Outdoor Advertising Display designs. Relocation and Net Reduction Agreements are part of the demonstrated commitment of the City of Hemet to improve the aesthetic appearance of the City while advancing the City’s economic strategy, Hemet RISES. b. For static or digital General Outdoor Advertising signs under condemnation or threat of condemnation, either by the City or another entity threat by any legally-created public entity possessing and exercising its legal eminent domain/condemnation authority, the purpose is to allow relocation of these signsstatic or digital General Outdoor Advertising signs to reduce the overall number of legal nonconforming General Outdoor Advertising signs, while providing the ability to erect Digital Outdoor Advertising Display. more attractive, aesthetically-pleasing Digital Outdoor Advertising Display designs. A further purpose is to reduce or eliminate the City's obligation to pay compensation for the removal of these signs static or digital General Outdoor Advertising signs when such static or digital General Outdoor Advertising signswhen they are subject to condemnation or threat of condemnation by the City.

2. Authority. Notwithstanding any other provision of this Section, and consistent with the California Business and Professions Code Outdoor Advertising provisions, existing General Outdoor Advertising signs shall be reduced in number and relocated, as per the provisions of this Section and with a Relocation and Net Reduction Agreement entered into between the City and a Digital Outdoor Advertising Display owner and operator.

3. Sunset Clause. Digital Outdoor Advertising Displays may only be constructed in conjunction with a Net Reduction and Relocation Agreement pursuant to Section 90-

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1285, and the provisions of this ordinance shall expire when all nonconforming Outdoor Advertising Display signs have been removed.

4. Eligibility requirements. Pursuant to Section 90-1285 (1) above, existing nonconforming General outdoor advertising signs may be relocated pursuant to a Relocation and Net Reduction only under one of the following conditions:
a. The applicant chooses to relocate legal nonconforming static General Outdoor Advertising display(s), and erect a Digital Outdoor Advertising Display in accordance with Section 90-1285 below; or
b. The General Outdoor Advertising Display proposed for relocation is the subject of any eminent domain/condemnation action or threat of eminent domain/condemnation action by a legally created public entity possessing eminent domain/condemnation authority.

5. Requirements. In order to erect a Digital Outdoor Advertising Display, a Digital Outdoor Advertising Display owner and/or operator must comply with all of the following requirements:
a. Payment of fees to City of Hemet, and otherwise as applicable; b. Compliance with California Environment Quality Act;
c. Submittal of any applicable studies, such as a photometric study; d. A Digital Outdoor Advertising Display may only be erected pursuant to Relocation and Net Reduction Agreement provided that:
i. A Digital Outdoor advertising display may only be located on any property or right-of-way owned or controlled by the City (“City Property”); and

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ii. The Digital Outdoor Advertising Display shall not be erected closer than 2,000 feet to an existing Outdoor Advertising Display (digital or otherwise); and iii.The Digital Outdoor Advertising Display shall use state of the art light-blocking technology so as to reduce light emissions; and
iv. The Digital Outdoor Advertising Display shall be angled in a manner that is not visible to residential neighborhoods.
v.. The Digital Outdoor Advertising Display shall not exceed thirty (30) feet in height, with a minimum clearance of ten (10) feet to the underside of the sign, as measured from the grade of the road; and
vi.The total area of a single sign face shall not exceed 240 square feet, per panel; and
vii. The Digital Outdoor Advertising Display shall be integrated as part of the overall design of the site, if the site is already developed; and viii. The site on which the Digital Outdoor Advertising Display is located shall be appropriately embellished with appropriate hardscape design as to enhance the visual aspect of the site. Such hardscaping shall be maintained by the Digital Advertising Display owner and/or operator; and
ix.The Digital Outdoor Advertising Display shall not cause the City to be noncompliant with the Americans with Disabilities Act, or any other Federal, State or local law or regulation; and
x. All Digital Outdoor Advertising Display must comply with all Federal, State and local laws and regulations.

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6. Relocation and Net Reduction Agreement. Every Relocation and Net Reduction Agreement shall provide a reduction in the number of General Outdoor Advertising signs pursuant to the ratio identified in Section 90-1242. Definitions. “Relocation and Net Reduction Agreement”, as so agreed to in the Relocation and Net Reduction Agreement. All Relocation and Net Reduction Agreements shall be reviewed and approved by the City Council. A public hearing is not needed. In order to approve the Relocation and Net Reduction Agreement, the City Council must make the following findings, in addition to any other findings it may see fit:
a. The proposed Relocation and Net Reduction Agreement is consistent with the goals, objectives, purposes, and provisions of the Hemet General Plan, the Hemet Municipal Code and any applicable specific plans; and
b. The proposed Relocation and Net Reduction Agreement provides for the required and proper net reduction of static General outdoor advertising signs; and c. The proposed Digital Outdoor Advertising Display is compatible with the uses and structures on the site and in the surrounding area; and d. The proposed Digital Outdoor Advertising Display will not create a traffic or safety problem, including problems associated with onsite access, circulation, or visibility;
e. The proposed Digital Outdoor Advertising Display would not interfere with onsite parking or landscaping required by the City’s Municipal Code; and f. The Relocation and Net Reduction Agreement contributes to the reduction of visual clutter within the City; and

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g. The proposed Digital Outdoor Advertising Display would not otherwise result in a threat to the general health, safety, and welfare of City residents. h. The proposed Digital Outdoor Advertising Display should be limited to locations along Highway 74/Florida, Domenigoni Parkway, and Sanderson Avenue.

SECTION 7. CEQA ENVIRONMENTAL FINDINGS. The City Council finds that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance.

The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet.

SECTION 6. PUBLICATION. The City Clerk shall publish this Ordinance in the manner required by law.

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INTRODUCED at the regular meeting of the Hemet City Council on the 9th day of September 2025.

APPROVED AND ADOPTED this 23rd day of September, 2025.
____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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State of California )
County of Riverside )
City of Hemet )
I, John Paul Maier, City Clerk of the City of Hemet, do hereby certify that the foregoing resolution was adopted by the Hemet City Council on the 23rd day of September, 2025, 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
City Council Meeting

STAFF REPORT
Meeting: City Council Meeting - May 13 2025
Department: Community Development
Submitted by: Mark Prestwich, City Manager
Monique Alaniz-Flejter, Community Development Director; ☐ Receive and File ☐ Consent Calendar ☐ Business Item ☒ Public Hearing TITLE:

An Ordinance of the City Council of the City of Hemet, California, Amending Portions of the Hemet Municipal Code, Chapter 90 Article XXXVI "Signs," to Permit Reduction and Relocation of Existing Static Outdoor Advertising Displays Under Limited Circumstances, and to Further Amend Sections of the Hemet Municipal Code to Harmonize Current Sections with such Reduction and Relocation Language.

Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council:

1. Receive and consider the staff report and attached documentation related to the proposed Zoning Ordinance Amendment No. 2025-001; and

2. Adopt City Council Ordinance Bill No. xxx adopting Zoning Ordinance Amendment No. 25-001 to amend Chapter 90 Article XXXVI "Signs", to Permit Reduction and Relocation of Existing Static Outdoor Advertising Displays Under Limited Circumstances, and to Further Amend Sections of Hemet Municipal Code to Harmonize Current Sections with such Reduction and Relocation Language.

3. Find that the Project is Categorically Exempt from CEQA in accordance with CEQA Guidelines Section 15061(b)(3), the “common sense exemption,” as it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment.

Alternative Recommendation:

1. The City Council may recommend additional modifications to the proposed Zoning Ordinance Amendment

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BACKGROUND:

The City of Hemet currently prohibits the construction of new Outdoor Advertising Displays (commonly known as billboards) in all zones in the City. There are currently eleven (11) static outdoor advertising displays located along the Florida Avenue corridor that are legal nonconforming.

The City has received inquiries from billboard companies encouraging the City to upgrade the existing static billboards to digital displays, while reducing the number of static billboards. The purpose of the proposed ordinance is to codify the process which leads to a reduction of the overall number of outdoor advertising displays within the City, and upgrade them to digital displays through a Relocation and Net Reduction Agreement. Key benefits of the proposed zoning ordinance amendment are to reduce visual clutter; eliminate non-conforming signage; facilitate the relocation and redistribution of general outdoor advertising signs to more appropriate locations within the City to better serve the advertising needs of the local business community; allow for incorporation of modern digital displays; and eliminate the possibility of the City paying for removal of existing general outdoor advertising displays to accommodate public projects.

The proposed ordinance would require any billboard owner who desires to convert a static billboard to a Digital Outdoor Advertising Display sign to enter into a Relocation and Net Reduction Agreement.

Such an agreement would be negotiated by the City and the billboard entity and incorporate several terms and conditions to: 1) require a reduction in static displays, 2) ensure proper site location, and 3) ensure adherence to development standards. Furthermore, the proposed Ordinance would allow new Digital Outdoor Advertising Display signs on City-owned or controlled property, wherein the City would lease such property to a billboard company. In this scenario, the City would generate revenue from such an arrangement, subject to the terms and conditions of a lease or other agreement. The City is currently working with Lamar Billboards (who owns 10 of the 11 billboards) to effectuate opportunities within the City.

ANALYSIS:

On August 13, 2024, the City Council adopted the Hemet RISES Economic Strategy, which included replacement of Traditional Billboards with Revenue producing Digital Outdoor Display Billboards.

On December 17, 2024 staff provided a presentation to the Planning Commission on the proposed zoning code update for Digital Outdoor Advertising Display Signs, and associated Relocation and Net Reduction Agreement. At that meeting, the Planning Commission provided input on the zoning code update draft ordinance, proposed design concepts, and evaluated recommended potential locations for two (2) future digital display boards on Highway 74/Florida Avenue and one located on Domenigoni Parkway and Sanderson Avenue. A copy of the meeting minutes have been attached for reference.

A second public hearing was held before the Planning Commission on April 15, 2025, to present a revised draft of the proposed ordinance, responding to comments made at the December 18, 2024, public hearing. A recap of the final recommendations from the Planning Commission are included in the Discussion Section of this staff report, below.

Please note, the attached April 15, 2025 Planning Commission Meeting Minutes and Planning Commission Resolution are in Draft form due to the timing of posting of the Council Agenda, which

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was prior to the May 6, 2025 Planning Commission meeting in which the PC minutes and Resolution are scheduled to be considered for approval and signature.

DISCUSSION:

Community Development staff in concert with the City Attorney prepared revisions to the draft Zoning Ordinance Amendment 2025-001 based on the feedback received by the Planning Commission at it's December 18, 2024 meeting, and a revised draft was presented to the Planning Commission on April 15, 2025.

During the April 15, 2025 public hearing, the Planning Commission expressed several concerns and recommended that the draft Ordinance be amended to include provisions for:
 Compensation to property owners who currently receive lease payments for static billboards located on their property and will lose this source of revenue once their static billboard is removed, and that they should be allowed to participate in a profit-sharing agreement.  A pre-determined ratio for the number of Digital Outdoor Advertising Display Signs that will replace the static billboards (e.g. 1:3 or 1:4).
 A minimum vertical clearance height below the sign of at least ten (10) feet, and a maximum overall signage height not to exceed thirty (30) feet.
 Digital Outdoor Advertising Display Signs should be limited to locations on Highway 74/Florida Avenue corridor only.
 At a future date when all of the static billboards have been removed and replaced with Digital Outdoor Advertising Display Signs, that the ordinance shall become null and void as it will no longer be applicable.
 Notice of the City Council public hearing should be sent to all Property Owners who currently have a static billboard on their property. A notice was mailed out on May 1, 2025.

The PC recommended revisions are highlighted in yellow as provided in Attachment No. 1 of the Ordinance Bill.

On May 1, 2025 the City gave public notice of the May 13, 2025 public hearing on this item by advertising in the Press Enterprise newspaper prior to the holding of a public hearing at which the project would be considered by the City Council. To date, staff has received correspondence from three Native American Tribes stating they are not affected by the proposed ZOA and have no comment, and one letter from Riverside County Airport Land Use Commission (ALUC) finding the Project to be in compliance with the Airport Land Use Plan. No other comments were received either in favor of or in opposition to the request.

PREVIOUS COUNCIL ACTION:

None. This public hearing would be the introduction and the first reading of the Ordinance. If approved by the City Council, a second reading of the Ordinance would appear on the Consent Calendar for the Regular City Council Meeting to be held on May 27, 2025.

STRATEGIC PLAN INTEGRATION:

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GOAL ONE: QUALITY OF LIFE:

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

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

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.

Provide resources for new businesses to enhance the customer service experience.

On August 13 2024, the City Council adopted the Hemet Rises Economic Strategy, which included Replacement of Traditional Billboards with Revenue Producing Digital Display Billboards.

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.

Increase the community's pride within the City.

GOAL FOUR: PARTNERSHIP & COLLABORATION
To pursue partnerships that will increase the opportunities available to the community, including our businesses, unemployed, and youth populations.

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.

Operate in a financially sustainable manner.

Evaluate existing practices to ensure continuity with industry best practices.

FISCAL IMPACT:

Costs are nominal and include staff time and City Attorney time to prepare the draft Ordinance, and public noticing advertising costs for three public hearings. Future revenues can be expected from demolition permits for static billboard sign removal; planning entitlement application fees, building permit and plan check fees for new Digital Outdoor Advertising Display Signs; and revenue sharing agreements. Future revenue potential remains unknown until such time that an agreement can be negotiated between City and Applicant/Owner of the Digital Outdoor Advertising Display Signs.

ALTERNATIVE(S):

Alternative Recommendations:

1. The City Council may adopt the draft Ordinance as proposed;

2. The City Council may recommend additional modifications to the proposed Zoning Ordinance Amendment;

3. The City Council may remand the draft Ordinance for further vetting back to the Planning Commission;

4. The City Council may disapprove the draft Ordinance.

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

Attachment No. 1 CC Ordinance First Reading
Attachment No. 2 PC Resolution
Attachment No. 3 Apr 15 2025 - PC Minutes DRAFT
Attachment No. 5 Existing Billboard Sign Locations Updated Attachment No. 6 April 15, 2025 Planning Commission Staff Report 050125 PHN Proof of Publication Affidavit
050125 PHN CC Certificate of Mailing

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CITY OF HEMET ORDINANCE NO. 2025-XXX 1
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CITY OF HEMET

HEMET, CALIFORNIA
ORDINANCE NO. 2025-XXX

AN ORDINANCE OF THE CITY OF HEMET AMENDING PORTIONS OF
THE HEMET MUNICIPAL CODE, CHAPTER 90, Article XXXVI “SIGNS”,

TO PERMIT REDUCTION AND RELOCATION OF EXISTING STATIC

OUTDOOR ADVERTISING DISPLAYS UNDER LIMITED

CIRCUMSTANCES, AND TO FURTHER AMEND SECTIONS OF HEMET

MUNICIPAL CODE TO HARMONIZE CURRENT SECTIONS WITH SUCH

REDUCTION AND RELOCATION LANGUAGE
WHEREAS, Outdoor Advertising Displays (commonly known as billboards) and/or the relocation of existing Outdoor Advertising Displays in all zones in the City; and WHEREAS, the City Council of the City of Hemet (“City Council”) finds that Relocation and Net Reduction Agreements memorializing the reduction of static Outdoor Advertising Displays, while allowing the construction of Digital Outdoor Advertising Displays, will ultimately reduce the overall number of Outdoor Advertising Displays thereby reducing blight; and
WHEREAS, there will be a decrease in the square footage of existing Outdoor Advertising Displays in the City, which will reduce visual clutter; and WHEREAS, the City will continue to require permitting and oversight of Digital Outdoor Advertising Displays; and

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WHEREAS, Relocation and Net Reduction Agreements will generate general fund revenue for the City because the City will benefit from leasing its land to Digital Outdoor Digital Outdoor Advertising Display companies; and
WHEREAS, Relocation and Net Reduction Agreements as set forth herein will serve the public interest of the City by allowing public development to continue in a planned manner; and
WHEREAS, the City Council therefore determines that this Ordinance is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the residents of the City.

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

SECTION 1. The above recitals are all true and correct and are incorporated SECTION 2: AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-1242 “DEFINITIONS.”
The following edits to Section 90-1242 “Definitions” of the Hemet Municipal Code shall be made as follows:

Digital Outdoor Advertising Display means a General outdoor advertising display (as defined) sign with a fixed or changing display/message composed of a series of lights using digital message technology capable of changing the static message on the sign electronically.

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General outdoor advertising sign means a sign that directs attention to a business, profession, product, commodity or service that is not the primary business, profession, commodity, product or service sold, manufactured, conducted or offered on the site on which the sign is located (i.e., a billboard). These signs do not include off-site directional real estate signs.

General outdoor advertising display shall mean a sign, regardless of the number of panels, that meets both the following criteria:
a. The sign contains any component that is more than nine (9) feet in height above the ground and/ or more than five (5) feet in width; and b. The sign advertises any establishment, product, service or activity which is not located, sold, produced or furnished on the property where the sign is located. This criterion includes any sign regulated by the California Outdoor Advertising Act.

Relocation and Net Reduction Agreement shall mean an agreement entered into by between the City and a Digital Outdoor Advertising Display owner and/or operator to both reduce and relocate existing Outdoor Advertising Displays, which shall be subject to approval by City Council. Such reduction shall be set forth in the Agreement and shall include a ratio for the number of static general outdoor advertising display signs (billboards) to be replaced by each new Digital Outdoor Advertising Display.

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SECTION 3. AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-1248 “DESIGN, MATERIAL, CONSTRUCTION AND MAINTENANCE STANDARDS.” The following edits to Section 90-1248 “Design, material, construction and maintenance standards” of the Hemet Municipal Code shall be made as follows:

Sec. 90-1248. Design, material, construction and maintenance standards.

Each permanent sign that requires a sign permit must comply with the following standards:
(1) Materials and colors. All permanent signs must be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity. No sign may contain more than five colors. Tints and shades of a color will be considered as one color. Black and white will be considered as colors.
(2) Relationship to buildings. Each permanent sign located upon a site with more than one main building, such as a commercial, office or industrial complex must be designed to incorporate the materials common or similar to all buildings. (3) Relationship to other signs. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements:
a. Type of construction materials;
b. Sign/letter color and style of copy;

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c. Method used for supporting sign (e.g., wall or ground base); d. Sign cabinet or other configuration of sign area;
e. Illumination; and
f. Location.
(4) Sign illumination. Illumination from or upon any sign must be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-ofway or adjacent properties, and in no event may illumination be permitted to cause such excessive glare as to constitute a potential hazard to traffic safety. Externally illuminated signs must be lighted by screened or hidden light sources. The provisions of this subsection do not apply to LED display boards or Digital Outdoor Advertising Displays. (5) Construction. Every sign, and all parts, portions and materials thereof, must be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including the city's building code and electrical code. Under no circumstances may a permanent sign have an exposed back. (6) Maintenance. Every sign and all parts, portions and materials must be maintained in good repair. The display surface of all signs must be kept clean, neatly painted, and free from rust, cracking, peeling, corrosion or other states of disrepair. This maintenance obligation includes the replacement of malfunctioning or burned-out lamps, replacement of broken faces, repainting of rust, chipped or peeling structures or faces within 15 days following written notification by the city.

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(7) Removal of signs and restoration of building or property. When there is a change or discontinuance of a business or occupancy such that a sign no longer properly identifies a place of business or occupancy, the sign must be removed or the name of the prior business or occupant either removed, or the sign face covered in a manner that blends with the building or supporting structure within 60 days of the change or discontinuance of a business or occupancy. Within 30 days of the removal of a sign from a building or from the grounds of the premises if a freestanding sign, the building or the grounds of the premises must be repaired and restored to remove any visible damage or blemish left by the removal of the sign.

SECTION 4. AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-1280 “PROHIBITED SIGNS.”
The following edits to Section 90-1280 “Prohibited Signs” of the Hemet Municipal Code shall be made as follows:

Sec. 90-1280. Prohibited signs.

The following signs are prohibited in all zones:
(1) Temporary signs, except as specifically permitted in sections 90-1245 and 90-1275. Prohibited temporary signs include, but are not limited to, stake signs (except real estate open house signs) and hand-held commercial signs. (2) Devices projecting or otherwise reproducing the image of a sign or message on any surface or object.

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(3) General outdoor advertising signs, except legal nonconforming Digital Outdoor Advertising Display signs as permitted in subsection 90-1281(c), unless relocated pursuant to a Relocation and Net Reduction Agreement pursuant to Section 90-1285.
(4) Inflatable signs, except balloons as permitted under section 90-1275. (5) Mobile signs.
(6) Moving and flashing signs.
(7) Off-site signs, except for off-site directional real estate signs as permitted under section 90-1275.
(8) Portable commercial signs, except temporary signs as permitted under section 90-1275.
(9) Roof signs.
(10) Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign.
(11) Signs emitting audible sounds, odors or particulate matter.

SECTION 5. AMENDMENT TO HEMET MUNICIPAL CODE SECTION 90-1281 “LEGAL NONCONFORMING SIGNS.”
The following edits to Section 90-1281 “Legal nonconforming signs” of the Hemet Municipal Code shall be made as follows:

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CITY OF HEMET ORDINANCE NO. 2025-XXX 8
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Sec. 90-1281. Legal nonconforming signs.
(a) Generally. In order to limit the number and extent of legal nonconforming signs created by the adoption of this article, it is the intent to permit nonconformities to continue until they are removed, but not to encourage their survival. Therefore, a sign existing before the effective date of the original ordinance codified in this article (August 28, 1984), or existing on the date of any amendment to this article or a zone change or annexation to the city, may be used in accordance with other provisions of this article, provided that no such legal nonconforming sign may be enlarged, expanded, extended, altered, moved, reestablished after abandonment, or restored after destruction, except that the text or sign face of a legal nonconforming sign may be changed as long as there is no change in area or sign structure.
(b) Special circumstances. In accordance with California Business and Profession Code Section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. The owner or user may maintain the sign at the premises and at a location necessary for continued public visibility at the height or size at which the sign was previously lawfully erected pursuant to all applicable codes, regulations and permits. Any such sign will be deemed to be in conformance with this article.

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CITY OF HEMET ORDINANCE NO. 2025-XXX 9
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(c) Legal nonconforming general outdoor advertising signs. Existing legal nonconforming general outdoor advertising signs may be relocated in accordance with a Net Reduction and Relocation Agreement pursuant to Section 90-1285 when the following requirements are met:
(1) Proof that the existing sign was legally erected.
(2) A conditional use permit has been approved in accordance with sections 90-42 through 90-42.11 of this Code. Prior to approval of the conditional use permit, an additional finding must be made by the approving authority that the removal and relocation of the general outdoor advertising sign fulfills a public purpose. In furtherance of that requirement, the conditional use permit must include a requirement that the sign be made available for use by the city for civic advertising purposes, at no charge, for up to a maximum of 30 calendar days per year, on such terms as may be set forth in the conditional use permit.
(3) The existing general outdoor advertising sign(s) must be removed prior to erecting a new Digital Outdoor Advertising Display sign in accordance with the Net Reduction and Relocation Agreement pursuant to Section 90-1285. (4) If the existing sign was double-faced, then its replacement may be double-faced.

However, in no case may the sign area exceed 300 square feet per face. The maximum height of the sign may not exceed 25 feet.
(5) The relocated sign may not be illuminated unless the original sign was illuminated.

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CITY OF HEMET ORDINANCE NO. 2025-XXX 10
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(6) If the sign is illuminated, the illumination must be turned off no later than 10:00 p.m.
(7) There may be no moving parts or electrification of the sign.

SECTION 6. ADDITION TO HEMET MUNICIPAL CODE SECTION 90-1285 “RELOCATION AND NET REDUCTION AGREEMENT FOR OUTDOOR
ADVERTISING DISPLAYS.”
The following addition to Section 90-1285 “Relocation and Net Reduction Agreement for Outdoor Advertising Displays” of the Hemet Municipal Code shall be made as follows:

Sec. 90-1285. Relocation and Net Reduction Agreement for Outdoor Advertising Displays

1. Purposes of Relocation and Net Reduction Agreement.
a. The purpose of a Relocation and Net Reduction Agreement is to reduce the overall number of static General Outdoor Advertising signs (commonly known as billboards) within the City by requiring removal of static General Outdoor Advertising signs, and to allow construction of new Digital Outdoor Advertising Display to be placed in more suitable locations and provide for more attractive, aesthetically-pleasing Digital Outdoor Advertising Display designs. Relocation and Net Reduction Agreements are part of the demonstrated commitment of the City of Hemet to improve the aesthetic appearance of the City while advancing the City’s economic strategy Hemet RISES.

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CITY OF HEMET ORDINANCE NO. 2025-XXX 11
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b. For static or digital General Outdoor Advertising signs under condemnation or threat of condemnation threat by any legally-created public entity possessing and exercising its legal eminent domain/condemnation authority the purpose is to allow relocation of static or digital General Outdoor Advertising signs to reduce the overall number of legal nonconforming General Outdoor Advertising signs, while providing the ability to erect Digital Outdoor Advertising Display more attractive, aestheticallypleasing Digital Outdoor Advertising Display designs. A further purpose is to reduce or eliminate the City's obligation to pay compensation for the removal of static or digital General Outdoor Advertising signs when such static or digital General Outdoor Advertising signs are subject to condemnation or threat of condemnation by the City.

2. Authority. Notwithstanding any other provision of this Section, and consistent with the California Business and Professions Code Outdoor Advertising provisions, existing General Outdoor Advertising signs shall be reduced in number and relocated, as per the provisions of this Section and with a Relocation and Net Reduction Agreement entered into between the City and a Digital Outdoor Advertising Display owner and operator.

3. Eligibility requirements. Pursuant to Section 90-1285 (1) above, existing nonconforming General outdoor advertising signs may be relocated pursuant to a Relocation and Net Reduction only under one of the following conditions:

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CITY OF HEMET ORDINANCE NO. 2025-XXX 12
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a. The applicant chooses to relocate legal nonconforming static General Outdoor Advertising display(s), and erect a Digital Outdoor Advertising Display in accordance with Section 90-1285 below; or
b. The General Outdoor Advertising Display proposed for relocation is the subject of any eminent domain/condemnation action or threat of eminent domain/condemnation action by a legally created public entity possessing eminent domain/condemnation authority.

4. Requirements. In order to erect a Digital Outdoor Advertising Display, a Digital Outdoor Advertising Display owner and/or operator must comply with all of the following requirements:
a. Payment of fees to City of Hemet, and otherwise to share revenues to include property owners currently receiving compensation for static billboards located on their property that will lose this source of revenue, as applicable; b. Compliance with California Environment Quality Act;
c. Submittal of any applicable studies, such as a photometric study; d. A Digital Outdoor Advertising Display may only be erected pursuant to Relocation and Net Reduction Agreement provided that:
i. A Digital Outdoor advertising display may only be located on any property or right-of-way owned or controlled by the City (“City Property”); and ii. The Digital Outdoor Advertising Display shall not be erected closer than 2000 feet to an existing Outdoor Advertising Display (digital or otherwise); and

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CITY OF HEMET ORDINANCE NO. 2025-XXX 13
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iii.The Digital Outdoor Advertising Display shall use state of the art light-blocking technology so as to reduce light emissions; and
iv.The Digital Outdoor Advertising Display shall not exceed thirty (30) feet in height, with a minimum clearance of ten (10) feet to the underside of the sign, as measured from the grade of the road; and
v. The total area of a single sign face shall not exceed 240 square feet, per panel; and
vi.The Digital Outdoor Advertising Display shall be integrated as part of the overall design of the site, if the site is already developed; and vii. The site on which the Digital Outdoor Advertising Display is located shall be appropriately embellished with appropriate hardscape design as to enhance the visual aspect of the site. Such hardscaping shall be maintained by the Digital Advertising Display owner and/or operator; and
viii. The Digital Outdoor Advertising Display shall not cause the City to be noncompliant with the Americans with Disabilities Act, or any other Federal, State or local law or regulation; and
ix.All Digital Outdoor Advertising Display must comply with all Federal, State and local laws and regulations.

5. Relocation and Net Reduction Agreement. Every Relocation and Net Reduction Agreement shall provide a reduction in the number of General Outdoor Advertising signs pursuant to the ratio identified in Section 90-1242. Definitions. “Relocation and

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CITY OF HEMET ORDINANCE NO. 2025-XXX 14
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Net Reduction Agreement”, as so agreed to in the Relocation and Net Reduction Agreement. All Relocation and Net Reduction Agreements shall be reviewed and approved by the City Council. A public hearing is not needed. In order to approve the Relocation and Net Reduction Agreement, the City Council must make the following findings, in addition to any other findings it may see fit:
a. The proposed Relocation and Net Reduction Agreement is consistent with the goals, objectives, purposes and provisions of the Hemet General Plan, the Hemet Municipal Code and any applicable specific plans; and
b. The proposed Relocation and Net Reduction Agreement provides for the required and proper net reduction of static General outdoor advertising signs; and c. The proposed Digital Outdoor Advertising Display is compatible with the uses and structures on the site and in the surrounding area; and d. The proposed Digital Outdoor Advertising Display will not create a traffic or safety problem, including problems associated with onsite access circulation or visibility; e. The proposed Digital Outdoor Advertising Display would not interfere with onsite parking or landscaping required by the City’s Municipal Code; and f. The Relocation and Net Reduction Agreement contributes to the reduction of visual clutter within the City; and
g. The proposed Digital Outdoor Advertising Display would not otherwise result in a threat to the general health, safety and welfare of City residents.

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CITY OF HEMET ORDINANCE NO. 2025-XXX 15
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h.The proposed Digital Outdoor Advertising Display should be limited to locations along the Highway 74/Florida Avenue corridor only.

SECTION 7. CEQA ENVIRONMENTAL FINDINGS. The City Council finds that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

SECTION 4. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from its passage by the City Council of the City of Hemet. At a future date when all

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CITY OF HEMET ORDINANCE NO. 2025-XXX 16
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general outdoor display signs (billboards) have effectively been replaced with Digital Outdoor Displays, this ordinance shall become null and void.

SECTION 6. PUBLICATION. The City Clerk shall publish this Ordinance in the manner required by law.

INTRODUCED at the regular meeting of Hemet City Council on the 13TH day of May 2025.

APPROVED AND ADOPTED this 13th day of May, 2025.
____________________________
Jackie Peterson, Mayor
ATTEST:
_____________________________
John Paul Maier, City Clerk

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CITY OF HEMET ORDINANCE NO. 2025-XXX 17
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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 13th day of May, 2025, 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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Planning Commission Resolution No. PC2025-XXX
Net Reduction and Relocation (ZOA 25-001)

1 2
3 4 CITY OF HEMET
5 Hemet, California
6 7 PLANNING COMMISSION
8 RESOLUTION NO. PC 2025-XXX
9 A RESOLUTION OF THE PLANNING COMMISSION OF
10 THE CITY OF HEMET, CALIFORNIA, RECOMMENDING
11 THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO
12 AMEND CHAPTER 90, ARTICLE XXXVI “SIGNS” TO
13 PERMIT REDUCTION AND RELOCATION OF EXISTING
14 STATIC OUTDOOR ADVERTISING DISPLAYS UNDER
15 LIMITED CIRCUMSTANCES, AND TO FURTHER AMEND
16 SECTIONS OF THE HEMET MUNICIPAL CODE TO
17 HARMONIZE CURRENT SECTIONS WITH SUCH
18 REDUCTION AND RELOCATION LANGUAGE
19 20 WHEREAS, pursuant to Government Code sections 65854 and 65855, the 21 Planning Commission has the authority to review and make recommendations to the City 22 Council regarding amendments to the City’s zoning ordinance; and 23 24 WHEREAS, on March 25, 2025 the City gave public notice by publishing notice in 25 the Press Enterprise newspaper of the holding of a public hearing regarding consideration 26 of Zoning Ordinance Amendment 25-001, an amendment to the City’s zoning ordinance; 27 and
28 29 WHEREAS, on April 15, 2025 the Planning Commission held the noticed public 30 hearing at which interested persons had an opportunity to testify in support of, or 31 opposition to, the proposed amendment to the City’s zoning ordinance and which the 32 Planning Commission considered the proposed amendment to the City’s zoning 33 ordinance and voted to recommend that the City Council approve Ordinance; and 34 35 WHEREAS, the City has analyzed this proposed project and has determined that 36 it is exempt from the California Environmental Quality Act (“CEQA”) under section 37 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is 38 no possibility that the activity in question may have a significant effect of the environment; 39 and
40 41 WHEREAS, attached as Exhibit “A” is the proposed Ordinance revised per 42 recommendations made by the Planning Commission on April 15, 2025; and 43 44
45

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Planning Commission Resolution No. PC2025-XXX
Net Reduction and Relocation (ZOA 25-001)

1 2 NOW, THEREFORE, the Planning Commission of the City of Hemet does 3 Resolve, Determine, Find and Order as follows:
4 5 SECTION 1: ENVIRONMENTAL FINDINGS
6 7 The Planning Commission, in light of the whole record before it, including but not limited 8 to, the City’s Local CEQA Guidelines and Thresholds of Significance, the direction of the 9 Planning Commission at its meeting on April 15, 2025 and documents incorporated 10 therein by reference, and any other evidence (within the meaning of Public Resources 11 Code Sections 21080(e) and 21082.2) within the record or provided at the public hearing 12 of this matter, hereby finds and determines as follows:
13 CEQA: The City has analyzed this proposed project and has determined that it is 14 exempt from the California Environmental Quality Act (CEQA) under section 15 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to 16 projects that have the potential for causing a significant effect on the environment. 17 ZOA 25-001 in itself does not relate to any physical project and will not result in 18 any physical change to the environment and does not affect the land use or density 19 limitations of the General Plan. Therefore, it can be seen with certainty that there 20 is no possibility that this Ordinance may have a significant adverse effect on the 21 environment, and therefore, the adoption of this Ordinance is exempt from CEQA 22 pursuant to Section 15061(b)(3) of the CEQA Guidelines. 23 24 SECTION 2: ZONING ORDINANCE AMENDMENT FINDINGS
25 26 Pursuant to Hemet Municipal Code Section 90-41.5(a), the Planning Commission makes 27 the following findings with respect to this zoning ordinance amendment:
28 29 1. The zoning ordinance amendment is in conformance with the latest adopted 30 general plan for the City.
31 32 Finding: The proposed text amendment is consistent with the following General 33 Plan policy:
34 35 Goal LU-11 Promote a strong and diversified economic base and retain and attract 36 new investment, businesses, industries and employment opportunities to the City. 37 • LU11.1 Attract New Business: Support existing businesses and seek to 38 attract new business and industries which strengthen and diversity Hemet’s 39 tax revenue base.
40 • LU-11.11 Establish a Secure Local Revenue Base: Develop a secure, 41 balanced sustainable local revenue base to provide the full range of public 42 services and capital improvements needed to provide an exceptional quality 43 of life for residents, and businesses within the community.

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Planning Commission Resolution No. PC2025-XXX
Net Reduction and Relocation (ZOA 25-001)

1 Goal LU -12 Enhance Hemet’s sense of place and local identity to attract visitors 2 and expand the tourist tax base.
3 • LU-12.1 Sustainable Tourism: Maintain and enhance year-round 4 opportunities for sustainable tourism based on the area’s natural resources, 5 historic heritage, and cultural amenities without diminishing the quality of life 6 of current residents.
7 • LU-12.2 Hospitality Oriented: Encourage the retention and development of 8 hospitality uses such as hotels, dinner house restaurants, entertainment 9 venues, golf courses, and other visitor serving uses. 10 • LU-12.3 Regional Tourism Coordination: Coordinate with other tourism 11 organizations and destinations within the San Jacinto Valley, Riverside 12 County and the larger region to partner on the marketing of events, 13 attractions, and hospitality establishments within the City. 14 • LU-12.4 Tourism Venues and Events Promote: Promote tourism venues 15 including museums, cultural establishments and activities, entertainment, 16 recreational and sporting events, and conventions that attract visitors to 17 Hemet and the Valley.
18 • LU-12.6 Recreation Development Support: Support ongoing recreational 19 uses at Diamond Valley Lake by developing area into regional recreational 20 and cultural destinations including uses such as museums, active recreation, 21 fishing, water park, trails, equestrian, educational facilities, and specialty retail 22 and hospitality uses.
23 Goal LU-13 Provide a strategic and proactive economic development program in 24 order to attract, retain and expand businesses, create sustainable jobs for the local 25 work force, and generate revenue to support municipal functions, services, and 26 reinvestment back into the community.
27 • LU-13.1 Regional Economic Development: Participate in regional economic 28 development activities and partnerships that address strategic economic 29 development efforts benefiting and promoting Hemet and the surrounding 30 areas.
31 • LU-13.2 Building, Revitalization and Improvements: Prioritize building 32 restoration, property owner improvements and maintenance, removal of 33 nonconforming signs, abatement of blighted buildings, provision of public 34 and private landscaping, and revitalization of existing businesses as essential 35 elements for economic development.
36 • LU-13.3 Revitalization Financing Tools: Continue to implement financing 37 tools for City-initiated revitalization and to spark private investment. 38 39
40 41
42

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Planning Commission Resolution No. PC2025-XXX
Net Reduction and Relocation (ZOA 25-001)

1 2. The zoning ordinance amendment will protect the public health, safety and welfare. 2 3 Finding: The purpose of a Relocation and Net Reduction Agreement is to reduce 4 the overall number of static General Outdoor Advertising signs (commonly known 5 as billboards) within the City by requiring removal of static General Outdoor 6 Advertising signs, and to allow construction of new Digital Outdoor Advertising 7 Display to be placed in more suitable locations and provide for more attractive, 8 aesthetically-pleasing Digital Outdoor Advertising Display designs. Furthermore, 9 such implementation will reduce visual clutter; eliminate non-conforming signage; 10 facilitate the relocation and redistribution of general outdoor advertising signs to 11 more appropriate locations within the City to better serve the advertising needs of 12 the local business community; Therefore, the zoning ordinance amendment will 13 protect the public health, safety and welfare.
14 15 SECTION 3: PLANNING COMMISSION ACTIONS
16 17 The Planning Commission hereby takes the following action:
18 19 The Planning Commission approves Resolution 2025 xxx recommending that the 20 City Council adopt the proposed Ordinance which has been revised based on 21 recommendations made by the Planning Commission during the public hearing, 22 and is attached hereto and incorporated herein by reference as Exhibit “A.” 23 24 PASSED, APPROVED AND ADOPTED this 15th day of April, 2025 by the 25 following vote:
26 27 AYES: Chair Beamesderfer, Commissioner Clark, Commissioner Hill, and 28 Commissioner Viramontes.
29 NOES: None
30 ABSTAIN: None
31 ABSENT: None
32 __________________________
33 Jacob Beamesderfer, Chair
34 Hemet Planning Commission
35 ATTEST:
36 ________________________________
37 Corina Hernandez, Records Secretary
38 Hemet Planning Commission

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DRAFT MINUTES
Planning Commission Meeting
City of Hemet
Public Library
Tuesday, April 15, 2025

7.B. An Ordinance of the City of Hemet Amending Portions of the Hemet Municipal Code, Chapter 90 Article XXXVI "Signs", to Permit Reduction and Relocation Existing Static Outdoor Advertising Displays Under Limited Circumstances, and to Further Amend Sections of Hemet Municipal Code to Harmonize Current Sections with such Reduction and Relocation Language
Environmental: The City has analyzed this proposed project and has determined that it is exempt from the California Environmental Quality Act (CEQA) under section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.

Director Alaniz-Flejter gave a PowerPoint presentation and answered questions from the Commission.

Commissioner Viramontes inquired on the reduction of billboard signs. Director Alaniz-Flejter advised on Lamar’s intention to reduce the number of current billboards however the exact number is yet to be determined.

Commissioner Clark expressed concern with distracted driving and inquired on vehicle collision studies within digital display zones. Director Alaniz-Flejter advised the City did not conduct a traffic analysis.

Commissioner Hill inquired on the net reduction agreement; revenue of billboards; ADA compliance; and made a recommendation to add minimum height requirements and restricting billboards to Florida Avenue.

Director Alaniz-Flejter clarified negotiation agreements will determine the number of existing signs to be removed and establish the revenue sharing component.

Assistant City Attorney Mizrahi provided comment notating current billboard revenue is shared by the billboard company and property owner; revenue of the new signs will be shared by the

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Planning Commission Meeting
April 15, 2025
billboard company and the City; and clarified the ADA criteria is to assure new signs do not interfere with ADA accessibility within the public right-of-way.

Chair Beamesderfer provided comment stating current billboard property owners had not been notified of the public hearing; expressed concern with current property owners losing a revenue source; inquired if any current billboards are located within CalTrans right-of-way; and recommended current billboard property owner be notified of the upcoming City Council public hearing.

Director Alaniz-Flejter confirmed the billboard located on Florida and Acacia Avenues is located within CalTrans right-of-way.

Commissioner Clark provided comment on her research to obtain information on the City’s reasonings for previously not allowing billboards and expressed concern with not identifying which billboards are to be removed.

Director Alaniz-Flejter provided comment listing the new opportunities electronic billboards will provide which include displaying community events, city information or messages, and advertisements for non-profit organizations at no-cost.

Commissioner Viramontes inquired on the number of advertisements allowed on the digital billboards.

Chair Beamesderfer opened the public hearing at 7:04 p.m.

Applicant, Brian Smith with Lamar, provided comment responding to Commission questions; billboard signs are allowable on state and federal highways; safety reviews on billboards have not shown an increase on traffic collisions; having billboards on different street corridors is crucial for better outreach; recommends minimum signage height to be 10 feet; and advised lighting standards for dealership billboards differ from other billboard standards; the number of advertisements can vary greatly; and confirmed Lamar will abide by lighting standards.

Economic Development Manager Sandoval advised the City and Lamar are in discussions regarding the profit-sharing agreement and identifying the reduction of existing billboards; confirmed revenue is crucial in meeting the City Council approved Economic Strategic Plan; and advised the traffic analysis conducted in Los Angeles County, within the 5 Freeway area where 8 billboards are located, did not show an increase in traffic collisions.

In favor, Member from the public, Genevieve Saucedo Widman, provided comment.

Chair Beamesderfer closed the public hearing at 7:24 p.m.

Chair Beamesderfer requested clarity on the proposed plan for the billboards not owned by Lamar.