17.O.
Commercial Facade Improvement Grant Program
Grant funding is to be used for labor and materials directly related to the commercial facade construction only. Program funds are to be used for exterior building improvements and revitalization rather than a simple routine maintenance or equipment (e.g. tools), The City of Hemet will provide reimbursement of expenses after it deems the project is completed, and upon the submission of invoices, and proof of payment. If the project is anticipated to extend beyond the required completion date, prior written City Manager approval is required to extend the performance period.
Architectural Design or Design Assistance
The City of Hemet willprovide reimburse a maximum of ten (10phours ofArchitectural Design Assistance for Exterior Commercial Facade Improvements to approved applicants. The City will also reimburse up to ?ve (5) hours of professional designer services (e.g. paint, signage, awnings, windows, etc.).
Fee Exemption
Applicants for the Commercial Facade Improvement Program are exempt from Planning and Building permit fees. Note, fee exemption does not apply to any mandated fees by the State of California or fees required by other public agencies.
Figure 1:
Hemet Downtown District Map
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3|Page
City of Hemet — Economic Development
17.O.
Commercial Facade Improvement Grant Program
Award ofGrant
1. Notification. The City shall notify the selected contractor of the award of the grant award and shall establish date, time and place for the pre-construction conference.
The pre-construction conference will include City Staff, property/business owner(s) and contractor.
Agreement. The agreement for the approved facade improvements shall be prepared by the City Attorney/s Office and shall be entered between the property/business ownerlsland the City.
Prlvate Arrangements. The City cautions the property/business owner and the contractor not to enter ”side deals" for additional work or deviations from the approved scope of work.
Pre-Construction. Prior to construction, the City will arrange a pre-construction meeting which shall be attended by the contractor, the property/business ownerls), and representative City staff. The purpose of this meeting is to explain all Program requirements and procedures, coordinate and schedule the work start date, and answer questions related to contract documents.
Start of Construction. No work shall commence until a “Notice to Proceed” has been issued to the contractor, signed by the property/business ownerls) and the City. In addition, no work shall commence until all required permits have been issued by the City’s Building Division.
a. The contractor shall contact the Community Development Department to obtain all requirements for plan submittal to obtain building permits. Plans willbe reviewed by the City’s Building and Planning divisions.
b. Applicants forthis program are exempt from City Planning and Building permit fees.
This fee exemption does not apply to fees mandated by the State of California including, but not limited to, the California Green Building Standards fees.
Reimbursement Process
Upon approval, the City of Hemet willenter into agreement with the applicant and approved work may begin immediately after the agreement is fully executed.
Applicants are responsible for obtaining all necessary permits (including building permits) and authorities from the City.
Staff will inspect the project to ensure compliance with grant.
Work must be completed within six (6) months of grant award.
Allwork must comply with approved plans.
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City of Hemet — Economic Development
17.O.
Commercial Facade Improvement Grant Program
6. Grant funds will only be disseminated to the contractor not the applicant, once the construction of the City approved improvements has been completed and has been inspected by City Staff.
7. Grant funds will be disseminated upon the issuance of a Notice of Completion has been issued by City Staff.
Applicant Responsibilities:
1. Property Maintenance. The property/business owner(s) is/areresponsible for property maintenance during the rehabilitation work (contractor is responsible for keeping the property clean of all construction material). The property/business owner(s) is/are responsible for insuring that the rehabilitation work is not impeded because of their actions or the actions of their tenantis). The City shall encourage the contractor and his/her employees to provide adequate pedestrian and property protection at the construction site.
2. Property Tax Bills.Current property tax billsfor the subject property must be current. The property owner(s) is/areresponsible for insuring that the property taxes are current. The City will verify that the property taxes for the property are current. Ifthe propertVs tax statement indicates a delinquency, at the time of the Program application, the City shall not proceed with grant processing until it is supplied with a Certi?cate of Redemption or other appropriate documentation of proof of payment,
3. Notlce of Completion. The property/business owner(s) is/areresponsible for scheduling a finaljob completed inspection with the City’s Building, Lifeand Safety Department The City will verify that the project received a passing final inspection. After all requirements have been met, the City will issue a Notice of Completion to the property/business owner(s).
FUNDING
Funding for the Commercial Facade Improvement Program is allocated by the City of Hemet City Council, and the amount of funds available each year is not guaranteed. The grant funds are distributed on based on review and prioritization by the City’s Planning Commission. If grant funds are depleted at the time of application submission, City Staff will keep your application on file. However, if additional funds become available, City Staff will contact applicants on the waiting list.
The City of Hemet reserves the right to cancel or modify this Program at any time prior to grant approval, with written notice to the applicant by the Economic Development Manager, Continuation of the Program is subject to sufficient funding as appropriated by the Hemet City Council.
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City of Hemet — Economic Development
17.O.
Commercial Facade Improvement Grant Program
2. Follow-Up Inspection. IfCity Staff ?nds code violations during the initial inspection, the property owner and/orapplicant will be required to correct those violations before continuing in the Program process. A follow-up inspection will be arranged between City Staff and the property owner and/or business owner to ensure the property is up to code.
Contractor Selection
1. Procurement. Applicants are free to select their contractor and submit at least one quote to the City of Hemet. The chosen contract must comply with the City’s requirements for contractors. The City reserves the right to require or obtain additional bids/estimatesto determine the validity ofthe proposed project.
2. Contractor Requirements. The City shall maintain a file for each contractor performing work pursuant to the terms and conditions of this program The ?le shall include the following information:
a. Copies of the contractor's current liability and worker‘s compensation insurance policies;
. Copies of the contractor's current California Contractor's License; c. Copy of contractor’s City Business License; and City Business License d. Provide a subcontractor list as applicable
Any contractor with an expired General Liability and/or Workers Compensation insurance or a valid state contractor‘s license shall be removed from the job until he/sheis able to provide proof of current insurance and/orlicense All contractors shall be required to obtain a City Business License prior to the issuance of a building permit,
3. Ineligible Contractors
a. The City and the applicantlsi shall agree not to award any contract for rehabilitation work, to be paid for in whole or impart with proceeds from the Program, to any contractor who does not have a valid state contractor’s license, who cannot produce sufficient evidence of current Worker‘s Compensation and Liability Insurance coverage, or who is on the federal Housing and Urban Development‘s (HUD's) Debarred Contractor list.
b. Allowner/builders, or any member of the applicant's family or extended family, are considered ineligible, regardless of credentials or license. Any ineligible contractor found working at the job site will be removed immediately, without compensation.
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City of Hemet — Economic Development
17.O.
Commercial Facade Improvement Grant Program
PROGRAMREQUIREMENTSANDPRIORITIES
Program Priority
Applications for property improvements will be prioritized according to the following criteria:
1. Projects that involve a historical restoration/renovationof a building.
Projects that provided significant value to the Harvard District or FloridaAvenue.
3. Properties or areas that historically have been targeted for graf?ti and/orare prone to blight.
4, Properties or areas adjacent to historic facilities such as the Hemet Depot/Museums Eligible Applicants
Owners or long-term tenants of commercially zoned property located within one of the following areas are eligible to apply for the Commercial Facade Improvement Grant:
1. Hemet Downtown Specific Plan on FloridaAvenue between State Streetand San Jacinto Avenue
2. RetailShopping Centers located in the City of Hemet
Note, tenants must have the property owner’s written consent before any facade improvements are made. In addition, the grant application must be signed by the property owner, Eligible Property Improvements
All improvements shall conform to City Building Codes, the City’s Zoning Ordinance, and applicable Design Guidelines. Properties or businesses with active Zoning or Code Enforcement cases are not eligible for this program. Eligibleimprovements include, but are not limited to:
- Historic Building Restoration (removal of non-historic materials or additions such as stucco and exposing original masonry/brick)
' Exterior Facade Treatments (stucco, brickveneer, paint removal, etc.) - Replacement of Signage
- New Awnings
- Parking Lots
- Exterior Painting visiblefrom right-of—way
- Exterior Lighting
- New Windows/WindowFrames
- New Exterior Doors
- Structure Components such as Foundation, Wall, Beams, Floor, Slab, Columns, Stairs, and Frames (Only Macro Business-Center Grant qualify).
- Construction of New Facade Elements
4|Page
City of Hemet — Economic Development
17.O.
Commercial Facade Improvement Grant Program
PROGRAMOVERVIEW
The Commercial Facade Improvement Grant Program (CFIGP)is a new City of Hemet business incentive program to enhance the physical appearance and attract new visitors to the City’s major commercialcorridors. The Program offers two types offacade improvement grants, as well as up ten (10) hours of architectural fees and five (5) hours of design assistance to alleviate upfront design costs. The City Council has appropriated $450,000 in FiscalYear 2023-24 and the draft FiscalYear 2024-25 budget includes an additional $450,000 toward this program.
Applications will he considered on a first-come, first»served basis. The long-term objective is to upgrade and improve the physical appearance of businesses, encouraging retention of existing businesses, increasing property values, and improved business vitality.
PROGRAMCOMPONENTS
Commercial Facade Improvement Grunts
Small-Business Grant - Provides reimbursement of up to Thirty Thousand Dollars ($30,000) for commercial building facade improvements with a 5% matching requirement. Projects must be completed within six (6) months of the grant approval or building permit issuance. The Small-Business Grant program is limited to the Downtown Specific Plan area with a preference for improvements on Florida Avenue, Museums and non-profit organizations are eligible to apply as well. The City has allocated $120,000 for Small-Business Grants which willfund improvements at a minimum of four (4) businesses in FiscalYear 2023-24. The City intends to allocated an additional $120,000 toward Small» Business Grants in the FiscalYear 2024-25 budget, Applications will be reviewed by staff and subsequently presented to the Planning Commission for review and prioritized for funding after an initial 60—dayapplication period. All submittals following the initial application period will be considered for funding as they are submitted.
Macro-Business Center Grant — Providesa reimbursable matching grant of 80% of eligible project costs. The total cost of the improvement work must be more than Three Hundred FiftyThousand Dollars($350,000). Matching grant recipients are required to contribute a minimum of 20% of the total facade improvement costs. Projects must be completed within eighteen (18) months of building permit issuance. The City has allocated $330,000 for one Macro-Business Center Grant in FiscalYear 2023-24 that requires a minimum private investment of $66,000. The City intends to allocate an additional $330,000 toward a Macro»Business Center Grant in FiscalYear 2024-25. Applicants for the Macro-Business CenterGrant with projects in excess of $396,000 may consolidate funding from FiscalYear 202314 and 2024-25 appropriations toward their project so long as a match of 20% is provided. Planning Commission approval isrequired forall Macro—BusinessCenterGrants. 2 | P a g e
City of Hemet 7 Economic Development
17.O.
GARDNER ROOFING COMPANY
618 W. 7iii STREET SAN JACINTO. CA 92583
' ' 951—654- 794 FAX ‘351-?4—5854
LICENSE # 528309 JAN[19 2025
ECONOMICDEVELOPMENT
PROPOSAL
DATE JOE NAME
[Ill {24 Steve Petty
PROPOSAL SuBMI'l'l'ED TO JOB LOCATION
951-652—6897 Hemet Auto Center
[email protected] I 200 W1Florida. Hemet CA
Repairs Not Included
4 Year Woricmanship Warrant‘v
Material Warranty from Manufacturer
Clean root surface as required and remove debris from roof and drains.
Apply polyester cloth and Tri Built caulk and seai 7170to ail roof penetrations and drains, cut me! buckles and 3 ceurse as needed. Caulk and seal wall coping seams. Apply Tri Built 700 approx. 1.5 gallons per 1% sq. ft over entire roof. 3 wurse lite ?ashings. Clean all debris from premises.
Total: $158,900.00
This becomes a contract when signed by both parties or when work is started by us. The undersigned agrees :3 pay to the Con?scm as follows: cash or check awn complc?or. sf?w reef. 1 1/2/95 vc:
month will be added to all past due accounts. A copy of this was received before gaming the contract.
Basing the precess ofwork, should the mmer desire additional work at changes made.which are not included in said comm moso—cailedadditional work is to be agreed upon by both parties at a de?nite price in writing and signed By same.
Cost of permits required are nut included in price. We assume no responsi ‘ '
' for damage to air
conditioning nni!s.gas lines, antennas, or eleclricgl wires due to aging, satellite dishes/signals.
17.O.
Extra building requirements, as required by the building inspectan are not included in the nlmve price. Also.it is understand that due tn the nature of the work. there may he unforeseen circumstances that arise during the course of construction that will not be covered under the contract. which will be billed as an extra charges
Default in payment when same becomes cine.shall render the enrire balance due and payable immediately.
In ihe event ofsuch defau , he Contractor upon placing in the hands oia collector or armmey. m be entitled m collect the undersigned in addi?en m the face amount ot’the balance due, the fee and expenses of Culleclioni
in is mm mmmm way e?m will he vised vs.{ans/«mi W preteen; (vim exam-agemi; ’Im. process of roo?ng or demolition prior to re-reo?rig. rains or other Acts ofGod could unexpectedly occur which could result in interior damage to your properly. in such cases Owner agrees to hold Contractor harmless for damages and hamwwner’s insurance is to be used.
The contract mnstitutes the enrire agnenienr; no waivers 01' mudi?carions shall be valid unless written upon attached in H115comma and signed by bull-lpanics. Any warranty implied in this contract will be in effect upon ?nal payment. All claims and litigatien shall he settled through arbitration, ‘ All of the above work to be completed in a substantial and workmanlikemanner acccrding to standard practices for the sum of
.a... $158,900.00 J ONE HUNDRED FIFTY EIGHT THOUSAM) NINE H DRE]! DOLLARS AND 00/00 | All material is guaranteed 10 be as speci?ed. All Work 10 be conlpleled in a suhstantial work like manner according to speci?cations I
submitted per Standardprdctices. Any alteration or deviation from above speci?cations involving additional exlra cost will be executed silly “pen mm mm“ widensmil will bum an memorial vim-a an usepenises. All agesmems V?n??‘rgt‘l‘?“we. airlines, cremains or delay beyond our conlwl. The entire amount ofrhe Contracl to he paid upon completion. including extras, unless otherwise speci?ed.
This proposal is valid for 30 clays, and lfaccepted an or befall: mardate.work will commence as soon as possible, subject to delays I
caused by Acts of God. stormy weather, uncontrollable labor trouble. or unforeseen circumstances.
I1'Auiho Date 11/13/24
l ACCEPTANCE OF PROPOSAL The above prices speci?cations and conditions are satisfactory and are hereby accepted. You are i
authorized to do the Work as speci?ed. Payment will be made as outlined above. 1Signature
Signature
Date «(Acceptance
17.O.
E©JEHWIE®
JAN0 9 2025
ECONOMICDEVELOPMENT October 23, 2024
Heme! Auto Center
1200 W. Florida Ave
’ 681176! ' "W ""'
Uniied states
951 45246897
spddbaldy®qmaiLcom
Hemet Auto Center
' +- 720
'
’ ’ Heme! Califomia 92544
A
’
V
" " Unitedstates
Fiona; i we
Steven Petty
951-652-6897
spaid‘naiciyéégmaSmc-m
Esiimaiaa’ 5y:
[email protected]
Proposal Number : 2024 Page 96 of 143 Page 155 of 202
17.O.
—
NPG Corporation wants you io know who we are. “Building Our Tomorrow Since i961, Servicing all of Southern California.”We carry a Class (A) General Engineering, Class (B) General Building and (0-12) Grading and Paving Contractors license. With over 50 years experience, we can do any type of asphalt and concrete services that you may need. Hiring NPG wiiiput your mind ai rest. We are properiy iicensed and insured to perform services on your valued properties We are fast, we are efficrent, and we are competitive.
Our Mission is to provide the best asphalt construction services. We use modern equipment and techniques baCKedby experience to achieve these goalswe inVite you to visit our iaciiiiy and iearn more about the benefits oi hiring NPG aSphalt for your next paving or concrete project.
On your next asphalt paving project consider partnering with NPG asphalt. No project is too large or small, we care about our clients, and wiiiprovide service to everyone .SCHOOL DISTRICTS
. CGNTR?CTGRS
- CITIES& COUNTIES
. SHOPPING CENTERS
o PROPER??? iViANliGE?§
.PRIVATECOMMUNITIES
0 MOBILEHOMEPARKS
NPG is your dependable paving company. We employ a team of well—trainedand experienced professionais to provide you With the best service, Our wide variety of services and Knowledge is always put to good use when designing and maintaining your asphalt projects. At NPG, we always provide free estimates to new proiects. With all fees and taxes included, it‘s simple to figure out your budget. No upfront fees mean you pay oniy when the work is compieied and you‘re 166% satisn d. No matter the size or complexity of the project, you can count on NPG ASPHALTfor organized and topmotch service.
17.O.
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PROJECT PRICING TOTALS —
EXCLUDES: Disposal of petromat material if encountered; Night/weekend work; Specialty Mixes; Proposal Number : 2024;554 Page 98 of 143 Page 157 of 202
17.O.
TERMS AND CONDITIONS
‘imate. it ha accepted v ‘i'iSUCh e, this proposal is subject withdrawal untilthe bid/contract is accepted by Client and approved by contractor. Terms of Client purchase orders. subcontracts, and/or credit approvals must comply with contractor’s standard terms and conditions and any special terms, conditions or warranties.
2. Unless otherwise specified herein, the contract price shall be net US funds, payable at Contractors ‘ ' . adds mo J" the
proposal or plans unit charges for such work will apply. if installment payments are agreed and the Client fails to pay an installment promptly when due, contractor at its option, may declare the whole amount of citedan
said contract to be paid immediately and may reluse to continue work untii payment in fullis received. Alternatively, contractor may also refuse to continueworkuntilsatisfactory security is given to the Contractor to ensure future prompt payment of installments.
3. Upon acceptance of the proposal oy the Ciient and approval contractor, it willbecome the entire agreement between the Client & contractor. There is no oral communication or negotiations. There are no covenants, agreements, representations, inducements, guarantees, or warranties not herein expressly contained. The prices stated do not include any items at work not specified herein, and any additional items of work to be done at the Client’s request will be billed as extra work. . Should Client detach he rider,
works and $1,250.00 for filing a stop notice on public works. All costs incurred in collecting any balance owed to contractor will be the Clients responsibility, Any Mechanic's Lien release will be executed by t agrees to pay ocmamcra $1.253.00 tie
contractor and the Ciient s
and attorney tees for collection.
e responsible for recording the action. Client agrees to pay all court costs
5. Penn“ 5.. id inspection . public body by reason of
be billed separately and not as a part of any of the prices stated herein. Such items willbe subject to cost plus 15%.
6, itfills or rough grading of the site are to be made by others, the site must be leftfor contractor at an elevation within one—tenthfoot plus or minus of finished sub-grade elevation with materialthat willreadily provide a firm and stable sub-grade. Import or export of soils only included itstated on proposal, Contractor is not responsible for water discharge of any area that has less than 2% tall, otherwise, ponding is subject to occur.
17.O.
TERMS AND CONDITIONS
7. Boundary linesurveys and civil engineering (inciuding, but not iimitedto setting iines and grades, and staking) requiring the services of a licensed civilengineer, if needed, Client assumes fullresponsibility for design of grade, provision for drainage and discharge of waters from the site, contractor shall have no liability or responsibiiity thereof.
8. Contractor warrants that the materials to be furnished hereunder willbe as specified as plans & an“. is... _ i a...“— w M
- m... .,
specs. Ariwork shat: be den; and pe wed in a gwd a
9. Contractor shall not be obligated to perform extra work or supply rental equipment without specific orization from Client or Client‘s representative. Client is to have someone at atrithority on project site at all times. Any questions regarding specifications, scope of work or procedure will be referred to that representative. Contractor will not be responsible for extra costs resulting from directions and/or changes made by an it tor and/ em engineer. Alisuch coats Wiiibe the responsioiis'ty of the customer.
10. During the course of the contracted work, any existing asphalt damaged by contractor’s equipment due to insufficient support oi asphalt. structure, ”soft sub—grade"will be billed as an extra for repairs. Repa is of these areas are in no way to be a part of the original proposal. 1i. Contractor willnot pay attorney tees for others in lawsuits or losses at all. Contractors Certi?cate of Insurance is for the scope of work being performed under said contract only, contractor willnot coinsure others on site.
‘2. Special conditions imposed by any permits issued to owner and not noted on the plans or specifications willnot be considered in this scope of work. Allengineering, construction surveying, testing, and inspection fees are to be paid by client. In the event a section of paving, concrete and or base changes; new prices wiiibe renegotiated. Any conditions no shutdown of work or requiring an extra move in charge.
used by contractor that may require the
14. Contractor accepts no responsibilityfor ADA compliance and clientagrees to indemnify contractor and ”hold in Contra?tor harmless" from any lawsuit. arising from cans? {ion or reconstruction of path of travel's ramps walkways, or trip and falls on their own property,
15. Any person iniuring themselves on the owner’s orooerty. after constructionnot limitedto trips and falls willbe born in the property owner's responsibility.
16. Past due accounts will be charged a finance charge of 1 1/2% annual percentage of 18% applied to
17.O.
TERMS AND CONDITIONS
the previous balance after deducting current payments and credits 17‘ Project has a one-year warranty from the date of completion. Contractor is not responsible for seal coat wring it; on «1 am.
i “Pr"
and or settling at any time, and there is no guarantee/warranty applying to crack sealing. Allcracks that are sealed will need to be maintained by the owner as crack seal is not a permanent fix, Concrete and mum ”n ..,l‘: 4 for cash seaii g. A?!crews we oLu‘Sy t0 reaps ing asphalt are both subject to expansion and contraction of cracks due to earth movement even in areas that have been previously completed or are new installations. The contractor is not responsible for residual cracking due to expansion and/or contraction of pavement, Any Re-stripe of existing curb painting performed under this contract is exciuo‘ed from NPG's standaro one-year warranty. tfvniiea heavy prep may be suitable for some situations, we are unable to see what exists under the current paint or other underlying conditions that may be causing the paint to fail such as but not limitedto fertilizers, detergents or hard water. NPG highly recommends sandbias?ng curbs prior to paint to ensure a uniform finished product with longer-lasting finished results
Contractor to add speciai conditions;
Awtoved & Submit-led by Accepted by Client {Printed Mamet Date Authorized Representative Client Signature Title
Proposal Number : 2024.554 Page 101 of 143 Page 160 of 202
17.O.
PROJECT SCOPE
*Prlce is vaiicithrough, December 31‘, 2024
Double Line Stalls (80)
New Deluxe (Grosshatch & Curbs Added) (6)
Path of Travei Areas {Linear Fi x 5) (7150‘)
Curb Painting Yellow (per ft) (10)
Speed Bump Solid (10)
Total Items: 5 $ 3,140.00 lni?al IfAccepted
’Price is valid through, December 31, 2024
17.O.
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PROJECT SCOPE i
Asphalt
Remove 8KReplace
1. Grade and compact native soil as needed to place asphalt in approximately 100 sq fl. ‘i. Remove 1000 sq it at 4.0 incnes thick of asphait. Load.cut, haui, and dispose of iegaily.
1. Furnishand place 4 inches of PG64-10 asphalt material to pave 3 area(s) totaling approx. 120 sq ft,
1. Place approx. l?? sq it. 3'11 i-imaterial aiong vertical edges of asphait prior to placement of new materi at,
Total items: 4 $ 3,550.00 ln'm'alit Accepted
‘Price is valid through, December 31, 2024
Seal Coat
1. Clean existing asphalt paving as needed with high-pressure blowers prior to piacement of seal material.
1. Treat oil spots Wit“ '
1. Clean approx. 50 Linear ft of cracks 2
" deep and 1
" wide, tree of debris and vegetation with highpressure blowers.treat racks with ground sterilizer, and seal cracks with an ample amount of HOT rubber crack fillmaterial.
1. Clean approx. 1,300 Linear it of cracks 0.5 " deep and 0.5 " wide, free of debris and vegetation with high-pressure blowers, treat cracks with ground sterilizer, and seal cracks with ample COLD pour crack seal material.
1. Apply 1 coat of seai coat to a sun'ace with an area of 6,4947 square feet.
Total items: 5 $ 9,300.00 i, InitialIt Accepted
17.O.
PROJECT PRICING TOTALS
cit
Sub Totals
Total Asphalt Services Cost $ 3,550.00
Total Striping Services Cost $ 3,140.00
Total Seal Coat Services Cost $ 9,300.00
Final Base Bid Total $ 15,990.00
Water Costs
Compaction Testing
SWPPS
ADA Upgrades
Notes 1
Pricing is based on current market rates on trucking, maierlais and fuel as of the date of this proposal. Any fluctuations in any of these costs could potentially allect the final total of this proposal and are subject to change. Project is bid for 1 move for asphalt 8‘ 2 moves for seal coal/striping. Price based on complete accessibility to work area. Not all cracks willbe sealed.
Alligatored areas willnot be crack sealed. After cracks are sealed, material may settle due to normal movement to the asphalt. Any cracks under a 0.25" willnot be filled. Allcracks are subject to reopening at any time, and there is no guarantee or warranty applying to crack seal. Concrete and asphalt are both subject to expansion and contraction of cracks due to earth movement even in areas that have been previously completed or are new installations.NPG willnot be held responsible for residual cracking due to expansion and/or contraction of pavement, Application of crackseal will not reduce the appearance of the cracks and cracks willbe visible after sealed.
Customer has been advised that property is not in compliance with ADArequirements. NPG strongly recommends naving an engineer design all ADA areas to ensure compliance.
Proposal Number : 2024_554 Page 104 of 143 Page 163 of 202
17.O.
PROJECT ATTACHMENT
SEPIA" HamelAutoCenter
1200W.HondaAve
Hemet,CA92544
Sealcoat&restripeapprox64,947SF
BaseawAsphanzRsmove&replaceappvox. 100SF(3|oca1ions)
Mmmlsvmumu
VLNJWM?ns ms?
17.O.
OPTIONS ?
Option #1
i. Fremove approx. 5930' sq it at 4" thick of asphait. ioao‘, cut and haui, and dispose of iegaiiy, 2. Grace and compact native soil as needed in order to place asphalt material in area approx. 5,980 sq ft. 3.
Place SS4 H material along vertical edges of asphalt prior to placement of new material. 4. Furnish and place 4" of PG 6440 asphait material in order to pave 1 area totaiing approximately 5,980 sq it.
Total Option #1 $ 42,440.00 initialliAccepted
“Price is valid through, December 31, 2 24
NPG to pull required encroachment permit. Cost wiii be $1500 admin iee, plus to cost of the permit with 15% markup. Final cost to be submittedto customer after securing permit. If option is not signed for, customer will be required to pull permit priorto NPG dispatch.
Totai Option #2 \‘b initiai if Accepted
‘Price is valid through, December 31, 2024
Option #3
Furnish81place ‘i handicap sign 8. post in concret . ”MUST BE DONE ‘T TiiviE OF BASE BIDOR PRICE IS NOT VALID"
ma z- a A, M mm Wham.#3 .,35w.-
*Price is validthrough, December 31, 2024
Option #4
Proposal Number : 20247554 Page 106 of 143 Page 165 of 202
17.O.
OPTlONS
Furnish &place 3 new 6’ wheeisiops‘ ‘ , NOT
VALID"
-w 0—. ',~,—- A; h, . Tum. Vpiiw H 174 g 259.3n ;
a. m a pied
’Price is valid through, December 31, 2024
Add new Option
Appiy a 2nd coai of GoidCoai H
same move as base bid.
0© seal material over existing asphalt in approx 64,967 sq Ti.in $ 3,100.00 inf? “6 ll mm.“
nuvcylu
*Price is validthrough, December 31, 2024
Proposal Number : 2024_554 Page 107 of 143 Page 166 of 202
17.O.
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RECIPIENT:
Stephen Petty
12mm RondaAvenue
Hamel, Calilomia 92543
'Fhone:‘9516‘526897
ExteriorPainting -Painlallslmcoamundwmplemcunplex.
-— Pain! one mil upgarage m.
JAN0 9 2025
ECONOMICFF'"ELOFMENT
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- P‘u‘?a wash EBsm‘agas asfemale amand ?ab-'75
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71mewgale all('1 News}!
- rolecl allW hat do nmpalm
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- Remove rm “liedsigns andpamh
- Primeallraw areas
» Remove alljab debris
SheenLevels
Bwy _F!a‘l
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rollup Door_Semi Gloss
excludesumer9112a! buillngs
331255~eemaler Canyon Road 1'Menilee, California 92584
951-572-1928 { dlslinc?vemlors©gmallwm l
www.mypainledhome.m
Cd 23) 2024
$59,000.00
Tats: 33,3213;
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Hamel, Calilomia 92543
Fm ’
3-15: _ ~___’
ExteriorPainting » Paint allstucco around cumplete complex. $59,000,00 - P at me #35! garaa-e tear.
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Files and Drink
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Commercial Facade Improvement Grant Program
Commercial Facade Improvement a.
Grant Program Application W
Please ?ll out the application completely and submit to bsandovaIQhemetcagov or send to:
«m»-
Citvof Hemet
Attention: Economic Development Department
445 E. FloridaAve
Hemet, CA92543
(951) 669-0265
mawaomaaaiwouooa
'IZDZZ130
@EIZADE@EIE§I
‘ sec-non1 - APPLICANTINFORMATION:
Name: I?xzznz 47 4/,4 44;
CircleAllThat Apply: Property Owner Business Owner/Tenant Business Name: 5 ég «Q2 51 25 ?g Z
PropertyAddress:L1/n A/ 47¢? Z 57‘ 5 ”FT M7,? 743
MailingAddress: —
Phone Number: — _—_—_
Total Numberof Businesses in Buildingé?- [?g 214 4&4 4.415 245:
NameIs) of Other Businesses:
* SECTION2 - PROPERTVOWNER INFORMATION {Complete even Ifthe current tenant Is the applicant):
Property/OwnerName:J;7/;1 5,4/ 2 #- ”Vine/W
property Owner Mailing Address:M5 3,
Property Owner Daytime Phone Number:_—
As the legal owner of the above property. I hereby grant authorilation to complete the facadeimprovements indicated on this application.
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City of Hemet — Economic Development
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Commercial Facade improvement Grant Program
APPLICANTCERTIFICATION
Please read the statements below and initialand sign certify that you understand:
@wecertify that the building owner isthe owner of the property. l/wecertify that there are no current code enforcement actions pending against this property‘.
@wehave attached a copy of all current leases.
I/wehave attached relevant photos of the bullding facade(s) to be included in this i44— program.
?/wehave reviewed the program overview and guidelines, have familiarity with responsibilities of each party and understand that:
Allservices to be performed by contractors shall be the subject of agreement between applicant and contractor(s).
The Agency shall not assume any liability for such agreements, except as specifically authorized by the program.
@wehave read and understand the City of Hemet program guidelines, accept the qualifications and conditions and through signature(s) below, certify that I/weare quali?ed and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemel in the implementation of this program. I understand that this is a voluntary program, under which the City of Hemet has the right to approve or deny any project or proposal or ortigos’ther of.
Date: [.7 {2(( zg a
Date: 42 [21422 2 E
Signature:
Property Owner Signature
,
(if Tenant is Applying) /
/
SIPagE
City of Hemet — Economic Development
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Commerciai Facade improvement Grant Program
Signature: {# Date: a z 2929 /
" SEC110N 3 - FUNDING:
Grants (Please Check One):
L Small-Buslness Grant (Requires minimum 5% match; Reimbursement of up to $30,000) _ Macro»Business Grant (Requires minimum 20% match; Reimbursement of up to 80% of eligible expenses up to $700,000 (requires minimum applicant investment of $66,000) Grant Amount Requested: 5 L9 222
Estimated Total Project Cost: $ 5.5260 f
SECTION4) SCOPEOFWORK:
General Description of Work:
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422 4221 [454% a; 442,647 /; ag7 74K 4/975
‘ SECTION5 - ACKNOWLEDGMENT:
We certify that the owner is the property owner of record and that there are no current zoning code enforcement actions pending against the property. I have read and understand the Program Guidelines and accept them, I certify that lam qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation ofthis project. //
Property Owner(s) Signaturezo Date: A» 2/ 7292 .7.
Business Owner(s) Signature; Date: :0- 21— 202?
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City of Hemet — Economic Development
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J
Commercial Facade Improvement Grant Program
Signature: Date: /0 ‘ Z /—zaza/
" SECTION3 - FUNDING:
Grants (Please Check One):
_ Small-Business Grant (Requires minimum 5% match; Reimbursement of up to $30,000) A—Macro-Business Grant (Requires minimum 20% match; Reimbursement of up to 80% of eligible expenses up to $700,000 (requires minimum applicant investment of $66,000) Grant Amount Requested: S ESf, y :99
Estimated Total Project Cost: S gig, ya 5
SECTION4) SCOPEOF WORK:
General Description of Work:
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?—Mp «22431;:— 4 2015415 & ,?ga/ .5 AVS££
F 0M 4/2 ?ed/FY
/ £155 24;; (ck/?zz; McE/V/EA/T‘ 4p» MWA/é;
?/i/D W/?K M 7,4 4/7’ £59 MMEA/DALfa
MAKg 4f AND MARK
‘ SECTION5 - ACKNOWLEDGMENT:
We certify that the owner is the property owner of record and that there are no current zoning code enforcement actions pending against the property. I have read and understand the Program Guidelines and accept them. I certify thatl am qualified and willabide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation ofthis project.
Property Owner(s) Signaturei/ Date: / ?
'Z/—Z¢29
Business Owner(s) Signature: Date: / o—z/—14 21/
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City of Hemet- Economic Development
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Premier Landscaping
551 Bryan SL, Hemet, CA 92544
(951)663—6093
Dc?e To
January 15, 2026 Car Wash Depot
140 N Inez St.
Hemet, CA 92543
\nsrruch’ons
This quotationis valid for 30 days.It will be subject to review once we get a go ahead on the project, as pricesfor materials may increase due to market ?uctuations.
Quunmy Descv p n Unit Prlce T000!
125 Plants,Small Trees, and Variable $9,375.00
Shrubs
50 Rinélrs, Stone, and Supplies Varialbe $16,735.00
1 Labor and Installation Varialbe $6,800.00
7 7 _ i 7 Subtorial i 77 332917007 7 7
? SalesTax7 7 $0.007
Shipping& Handling $0.00
Total Amount $32,910
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CAB.WASHDEPOT
140 N. Inez St, Hemet.CA 92543
Tel: (951) 765-6120, Fax: (951) 765-6125
[email protected], www.carvvashdepotnet
"WeHandWash8.HandWaxanythingyoucandrivein!”
Proposal
1. Building Murals (See mockups)
We would like to paint multiple murals or one continuous mural on the outside of our building. The theme is "Journey Through Time” and we would like to depict life in Hemet at different times through history. City will have to provide us with the pictures and we will follow any guidelines set by the city
Estimated Cost: $135,000 for the two sides of the building suitable for murals.
2. Clock Tower (See mockup)
We will build a new structure as a clock tower to introduce a new landmark in the city and a destination place for people to sit and enjoy their time in Hemet. We’ll provide seating arrangements and appropriate ornaments to make it a picturesque landmark, where people can take pictures and create memories. We will introduce thematic landscaping around the entire car wash to make in an experience to remember, not just for our own customers but for visitors to the area. We’ll make arrangements with restaurants around the car wash to serve lunch, dinner, and other menu items for people to use our place as a place to be.
Estimated Cost: $165,000 for the structure, clocks, and seating items.
3. Landscaping Around the Murals and the Clock Tower
We will add landscaping custom designed as per the city guidelines. We’ll introduce rocks the people can sit on and tree stumps that can be used as tables, thus creating separate islands for people to sit and enjoy a different atmosphere than just sitting on ordinary chairs and tables.
Estimated Cost: $30,000
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Commercial Famde Improvement Grant Program
Commercial Facade Improvement A w. a,
Grant Program Application ”W
Please ?ll out the applimtion completely and submit to bsandovalQhemetiagav or send to:
City of Hemet
Attention: Economic Development Department
445 E. Florida Ave
Hemet, CA92543 OCT7 ML
(951) 669-0265 ECONOMICDEVELOPMENT
' SECTION1 - AWLICANT INFORMATION:
Name: Surya M Reddy
Circle AllThat Apply: Business Owner/Tenant
Business Name: Sri Sai Ram, Inc
"open, Address: 1207.1215—1291 E FloridaAve, Hemet.CA 92543 Mailing Address: , Pasadena, CA 91107
Phone Number:
Email:
Total Number of Businesses in Building: 10
Namels) of Other Businesses:
Apple Urgent Care. Nothiig Over9.99.Hemet Care Pharmacy. 32 Beez Tax 8-Insuranea Happy I-hir 8- Nails, Hemet Waler 8- Ice, Church and Las Morelianas Restaurant. ' SECTION2 - PROPERTY OiNNER INFORMATION {Comm even ifthecurrent tenant is the applicant):
Property Owner Name: 5'1 Sai Ram ,lnc
Property Owner Mailing Address: .Pasadena, CA 91107
Property Owner Daytime Phone Number: _
As the legal owner of the above property, I hereby grant authorization to complete the facadeimprovements indimted on this application.
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City of Hemet -— Economic Development
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Commercial Facade Improvement Grant Program
gr — 9.27.202.
(/ L/
* SECTION3 - FUNDING:
Grants (Please Check One):
_ Small—BusinessGrant (Requires minimum 5% match; Reimbursement of up to $30,000) AZMacro-Business Grant (Requires minimum 20% match; Reimbursement of up to 80% of eligible expenses up to $700,000 (requires minimum applicant investment of $66,000) Grant Amount Requested: $350,000
Estimated Total Project Cost: 54201300
SECTION4) SCOPEOF WORK:
General Description of Work:
Remove all stones on the buildings
Replace Glass store Fronts and Doors
Raise Front Overhang/Fascia by building 4-6' Paraet Wall above to give more dimension to to the front and raise store front Signage to be more uniformedfrom the street.
The Fascia willbe done in a commercial type horizontal siding with smooth stucco and stackstone or tile on oolumns 1/3 up from sidewalks.
The top of parpet wall be ?nished with a foam crown molding to match with Apple Urgent Care building next doorType text here
Also the Metro PCS building will have similar type of improvements to match the other buildings New paint all around the buildings. Colors willbe determined in the design process. * SECTION5 - ACKNOWLEDGMENT:
We certify that the owner isthe property owner of record and that there are no current zoning code enforcement actions pending against the property. I have read and understand the Program Guidelines and accept them. I certify that I am qualified and willabide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation of this project.
Property 0wner(s) Signature: Date; 9-27-2024
Business Owner(s) Signature: Date:
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City of Hemet — Economic Development
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Commercial Facade Improvement Grant Program
APPLICANTCERTIFICATION
Please read the statements below and initial and sign certify that you understand:
x/l/wecertify that the building owner isthe owner of the property. l/wecertify that there are no current code enforcement actions pending against this Broperty‘.
\/ l/wehave attached a copy of all current leases.
3i l/wehave attached relevant photos of the building facade(s) to be included in this program.
\/ l/we have reviewed the program overview and guidelines, have familiarity with responsibilities of each party and understand that:
\/ Allservices to be performed by contractors shall be the subject of agreement between applicant and contractor(s).
1 The Agency shall not assume any liability for such agreements, except as specifically authorized by the program.
Ll/wehave read and understand the City of Hemet program guidelines, accept the qualifications and conditions and through signature(s) below, certify that I/weare qualified and will abide by such conditions set forth in this application and all reasonable conditions which may be issued by the City of Hemet in the implementation of this program. I understand that this is a voluntary program, under which the City of Hemet has the right to approve or deny any project or proposal or portions thereof.
Signature: Date: 9-27-2024
Property Owner Si ature Date:
(IfTenant is Applying)
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City of Hemet — Economic Development
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Building “A”will include new paint and where stone is on front will be covered over with stucco, paint base of building light gray, trim and crown moulding on top willbe black
Building “B” raise roof line parapet over hang by 3 feet to include recessed signage space of equalsize for all units. Install commercialhorizontalsiding with a goldenoak colorto be installedunder crown moulding on top to match AppleUrgent Care crown moulding.Demo all stone on front and replace with stucco and 4’high of tile from sidewalkup, replace allwindows and doorsto match the same with black frames and laminated glass.Paint base of building lightgray, trim and crown mouldingwill be black.
Building “C”will have all the same designas building“B”.
Building“D” strip base of buildingFaux work that was put on the buildingand bring back the glassstore front as it was once before, raise roof line to match buildingsB 8: C on all 4-sides, paint base stucco lightgray with tile 4’from sidewalkup with black trim and black crown moulding.Allnew windows 8:
doors black anodized aluminum and laminated glass.
New Front sign in front of Metro T—Mobile
22’7”to grade with 12 tenant space.
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BREAKDOWN OF CONSTRUCTION COST
1. Framing, siding,stucco, tile fronts, demo of stone on 3-Bui1dingsand crown moulding to match with AppleUrgent Care include stucco for “A building over existing stone.
...Total: $341,250.00
2. Electrical lights,cameras, parkinglot lights,signage and all miscellanous electrical.
...Total: $36,750.00
3. Glass store fronts and doors black anodized aluminum with laminated glassfor (3) buildings.
...Total: $190,600.00
4. Painting all base of buildingslightgraywith blacktrim and crown moulding.
...Total: $33,500.00
5. Parking lot repaving, removing 1-1/2 resurface and restripe. »
...Total: $68,750.00
6. Signage main front, and removing existing unwanted signs. ...T0tal: $46,] 19.00
7. Build new trash enclosure per Hemet plans,put in new concrete sono tube for parkinglot light and repair 2-concrete handi—capramps for correct pitch with truncated domes.
...Total: $56,470.00
8. Plans, including site plan,temporary utilities, and porta potty. ...Total: $27,750.00
9. Contigency $60,000.00
Grand Total: $861,189.00
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 14 2026
Department: City Attorney
Submitted by: Noah Rau, Interim City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
Introduction and First Reading of Ordinance No. 2079 Amending and Restating Chapter 66, Article II of the Hemet Municipal Code Regarding Excavations, Street Cuts, Encroachments, and Restoration of Public Rights-of-Way
RECOMMENDED ACTION:
It is respectfully recommended that the City Council introduce by title and waive the full reading of the following ordinance:
ORDINANCE NO. 2079 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMET, CALIFORNIA, AMENDING AND RESTATING CHAPTER 66, ARTICLE II OF THE HEMET
MUNICIPAL CODE REGARDING EXCAVATIONS, STREET CUTS, ENCROACHMENTS, AND
RESTORATION OF PUBLIC RIGHTS-OF-WAY
Furthermore, it is recommended that the City Council direct the City Clerk to place the ordinance on the next regular meeting's consent calendar for second reading and adoption.
BACKGROUND/ANALYSIS:
Chapter 66 of the Hemet Municipal Code governs streets and sidewalks within the City. Article II currently contains the City’s regulations governing excavations within City streets. The existing provisions address excavation permits, permit applications, street restoration, preparation of subgrade, trench backfilling, installation markings, barriers and lighting, placement and removal of materials, and restrictions on excavating recently improved streets.
Many of the existing provisions originated in Ordinance No. 73 and were subsequently amended, including through Ordinance No. 2035, adopted on June 25, 2024. Ordinance No. 2035 established or updated the City’s street-excavation moratorium, including a five-year moratorium for most newly constructed or improved streets and a three-year moratorium for seal-coated or micro-surfaced streets. The existing Article II consists of sections 66-31 through 66-42, with sections 66-43 through 66-60 reserved.
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Although the current Article provides a basic permit and restoration framework, it does not comprehensively address many issues associated with modern excavation and utility work, including cumulative street cuts, trenchless installations, bicycle and pedestrian facilities, temporary restoration, pavement-influence areas, expanded restoration limits, testing, warranties, utility coordination, annual or blanket permits, stop-work authority, administrative appeals, and the adoption of objective technical standards.
Excavations, pavement cuts, trenches, bore pits, potholes, and related work can affect pavement structure, drainage, surface smoothness, traffic circulation, bicycle and pedestrian facilities, and the useful life of public infrastructure. Even when an excavation is patched, the work can create joints, weaken adjacent pavement, permit water intrusion, and accelerate the need for maintenance or rehabilitation. These impacts can be particularly significant when work occurs shortly after the City has constructed, resurfaced, or otherwise treated a street.
The proposed Ordinance would comprehensively amend and restate Chapter 66, Article II. It establishes the City Council’s governing policies and minimum requirements while authorizing the Director of Public Works or City Engineer to adopt and maintain written, publicly available technical standards, restoration matrices, standard plans, and specifications based on objective engineering considerations.
STRATEGIC PLAN INTEGRATION:
N/A
ATTACHMENT(S):
Attachment 1 - Revised Hemet Streets Ordinance
Attachment 2 - Existing Chapter 66 Art 2
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ORDINANCE NO. 2079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HEMET,
CALIFORNIA, AMENDING AND RESTATING CHAPTER 66, ARTICLE II OF THE
HEMET MUNICIPAL CODE REGARDING EXCAVATIONS, STREET CUTS,
ENCROACHMENTS, AND RESTORATION OF PUBLIC RIGHTS-OF-WAY
WHEREAS, the City of Hemet owns, operates, maintains, and manages streets and other public rights-of-way for the benefit, safety, convenience, and use of the public; and WHEREAS, excavation, trenching, cutting, boring, potholing, lane closures, and related work within public streets and public rights-of-way may adversely affect public safety, traffic circulation, pavement structure, drainage, bicycle facilities, pedestrian facilities, pavement smoothness, and the useful life of public infrastructure; and WHEREAS, pavement cuts and utility excavations, even when patched, may reduce pavement serviceability, create joints that allow water intrusion, weaken adjacent pavement and subsurface materials, impair ride quality, and accelerate deterioration and rehabilitation needs; and WHEREAS, recently constructed, reconstructed, resurfaced, overlaid, slurry-sealed, microsurfaced, or otherwise treated streets require additional protection because pavement cuts during the early life of a pavement treatment may disproportionately impair the public investment in the street; and
WHEREAS, the City Council desires to establish uniform, objective, and nondiscriminatory requirements governing excavation, temporary repair, traffic control, permanent restoration, warranty, liability, coordination, and cost recovery within public rights-of-way under the City’s jurisdiction; and
WHEREAS, detailed excavation-influence areas and restoration requirements may appropriately vary according to street classification, pavement age and condition, pavement treatment, excavation dimensions and orientation, utility type, traffic loading, proximity to existing joints and improvements, and other objective engineering considerations; and WHEREAS, the City Council therefore desires to establish the governing policies and minimum requirements by ordinance and to authorize the Director of Public Works or City Engineer to adopt and maintain publicly available technical standards, restoration matrices, standard plans, and specifications implementing those policies; and
WHEREAS, the City Council intends that this Ordinance apply uniformly and in an equivalent manner to all persons and entities performing excavation, construction, maintenance, repair, operation, replacement, or other work in the public right-of-way, including private persons, contractors, developers, franchisees, telecommunications providers, public utilities, municipal water districts, special districts, public agencies, municipal excavators, and facility owners, to the maximum extent permitted by federal and state law; and
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WHEREAS, the City Council does not intend by this Ordinance to regulate utility rates, services, design, engineering, safety, capacity, pressure, operation, or technical standards where those matters are reserved to another state or federal agency or otherwise preempted by law; and WHEREAS, the City Council instead intends to regulate the time, place, and manner of access to public rights-of-way; the protection of the traveling public; traffic, pedestrian, and bicycle safety; the use and repair of City streets; and the restoration of public streets and other public improvements following excavation; and
WHEREAS, Public Utilities Code section 7901 authorizes telephone corporations to construct facilities along and upon public roads and highways so long as such facilities do not incommode the public use of the road or highway; and
WHEREAS, Public Utilities Code section 7901.1 recognizes that municipalities may exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, provided that such control is applied to all entities in an equivalent manner; and WHEREAS, Public Utilities Code section 2902 preserves municipal authority to supervise and regulate the relationship between public utilities and the general public in matters affecting the health, convenience, and safety of the general public, including the use and repair of public streets by public utilities and the location of poles, wires, mains, and conduits on, under, or above public streets; and
WHEREAS, Water Code section 71695 authorizes municipal water districts to construct works along and across streets and highways, but requires such work to be constructed in a manner that affords security for life and property and requires restoration of crossings and intersections to their former state as near as may be, or in a manner that does not unnecessarily impair their usefulness; and
WHEREAS, title 47 United States Code section 253(c) preserves local authority to manage public rights-of-way and to require fair and reasonable compensation, on a competitively neutral and nondiscriminatory basis, for the use of public rights-of-way, subject to applicable federal law; and
WHEREAS, Government Code section 50030 limits permit fees imposed upon telecommunications providers to the reasonable costs of providing the services for which the fee is charged and prohibits the use of such fees for general revenue purposes; and WHEREAS, the City Council intends that all fees and charges imposed under this Ordinance be established and administered in accordance with all applicable constitutional and statutory limitations and not constitute rent, a franchise charge, or compensation for mere occupancy of the public right-of-way unless independently authorized by law or agreement; and WHEREAS, a permit and restoration program is necessary to define in advance, and on a uniform basis, the standards necessary to restore public rights-of-way to at least their prior
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structural capacity, smoothness, drainage function, safety, and useful life and to avoid unnecessary impairment of their usefulness; and
WHEREAS, emergency work must be allowed to proceed immediately when necessary to protect life, health, property, public safety, or essential public services, subject to prompt notice, safe temporary measures, after-the-fact permitting, and timely permanent restoration; and WHEREAS, the City Council finds that this Ordinance is necessary to protect the public health, safety, and welfare.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The City Council finds that the foregoing recitals are true and correct and incorporates them into this Ordinance as substantive findings.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that adoption of this Ordinance will not have a significant effect on the environment. This Ordinance establishes administrative, permitting, coordination, safety, and restoration standards for work in existing public rights-of-way and does not approve any specific construction project.
SECTION 3. AMENDMENT AND RESTATEMENT OF CHAPTER 66, ARTICLE II.
Chapter 66, Article II of the Hemet Municipal Code is hereby amended and restated to read as follows:
ARTICLE II. EXCAVATIONS, STREET CUTS, ENCROACHMENTS, AND
RESTORATION OF PUBLIC RIGHTS-OF-WAY
Sec. 66-31. Purpose, intent, and scope.
A. The purpose of this Article is to protect the public health, safety, welfare, convenience, and use of public rights-of-way under the City’s jurisdiction by establishing uniform requirements for excavation, cutting, boring, potholing, trenching, obstruction, lane closure, temporary repair, permanent restoration, warranty, coordination, and cost recovery.
B. This Article shall be applied uniformly and in an equivalent manner to all excavators and facility owners, including private persons, contractors, developers, franchisees, telecommunications providers, public utilities, municipal water districts, special districts, public agencies, municipal excavators, and City contractors, to the maximum extent permitted by law.
C. This Article regulates access to and use of the public right-of-way; the manner in which excavation and related work are performed; traffic, pedestrian, and bicycle safety; protection of public infrastructure; and repair and restoration of the public right-of-way.
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D. This Article is not intended to regulate utility rates or services or the design, engineering, safety, pressure, capacity, operation, or technical standards of utility facilities where such regulation is preempted or reserved to a state or federal agency.
Sec. 66-32. Definitions.
For purposes of this Article, the following definitions apply unless the context clearly requires otherwise:
“Block” means the portion of a street between two consecutive intersecting streets. Where street geometry, an unusually long block, traffic conditions, pavement-treatment limits, or pavementmanagement practices make use of a conventional block impracticable, the Director may establish a different street segment based upon objective engineering criteria. “City Standards” means the City’s then-current, written, and publicly available standard plans, standard specifications, pavement-restoration matrices, excavation-influence-area tables, permit specifications, and other technical standards governing work within the public right-of-way. City Standards may include provisions of the Standard Specifications for Public Works Construction, commonly known as the “Greenbook,” and Caltrans standards that have been expressly adopted or incorporated by the City. City Standards do not include project-specific permit conditions or unpublished requirements.
“Cumulative excavation” means the aggregate excavation, trench, patch, pothole, bore pit, surface disturbance, or excavation influence area attributable to the same excavator or facility owner within a block, lane, bicycle facility, or defined street segment during:
(a) The preceding twelve months;
(b) Work authorized by an active permit;
(c) Work described in a pending permit application; and (d) Work identified in a capital, maintenance, or excavation plan submitted to the City and reasonably scheduled to occur within the following twelve months.
Unscheduled or speculative future work shall not be included in determining cumulative excavation.
“Director” means the Director of Public Works, City Engineer, or a designee authorized in writing to administer this Article.
“Emergency” means a sudden and unexpected occurrence involving a clear and imminent danger that requires immediate action to prevent or mitigate loss of or damage to life, health, property, public safety, the public right-of-way, or essential public services. “Excavation” means any activity by which pavement, concrete, earth, rock, soil, aggregate base, subsurface material, or other material in the public right-of-way is moved, removed, bored, drilled, trenched, cut, disturbed, displaced, undermined, opened, or exposed by any tool, equipment, or method. Excavation includes trenching, digging, ditching, drilling, augering,
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tunneling, potholing, boring, jacking, scraping, sawcutting, grinding, milling, plowing, and driving.
“Excavation influence area” means the area of pavement or subsurface material affected by an excavation beyond the physical limits of the excavation, including areas affected by loss of lateral support, compaction disturbance, water intrusion, joints, construction equipment, traffic loading, or other construction-related impacts. The applicable excavation influence area shall be determined under the City Standards based upon objective engineering criteria, including street classification, pavement section, utility type, excavation depth, excavation orientation, soil conditions, and traffic loading. If the City Standards do not expressly address a particular condition, the Director may determine the excavation influence area through a written, sitespecific engineering determination. “Excavator” means any person or entity that performs, causes, authorizes, contracts for, supervises, or is legally responsible for excavation or related work in the public right-of-way.
The term includes a facility owner when work is performed upon or for the benefit of the facility owner’s facilities.
“Facility owner” means any person or entity, including a public utility, municipal water district, special district, public agency, telecommunications provider, or franchisee, that owns, operates, controls, maintains, or is otherwise legally responsible for a facility located on, above, or below the public right-of-way.
“Final acceptance” means the City’s written acceptance of completed permanent restoration following final inspection and receipt of required test results, record drawings, certifications, and other closeout documents. Inspection, use, or reopening of the public right-of-way does not by itself constitute final acceptance.
“Lane” means a portion of a street designated or ordinarily used for vehicular travel, parking, turning movements, or bicycle travel, as applicable to the particular restoration requirement. “Municipal excavator” means a City department, division, agency, commission, or other City organizational unit that installs, owns, operates, repairs, or maintains facilities within the public right-of-way.
“Moratorium street” means a street, alley, lane, or other paved portion of the public right-of-way that has been constructed, reconstructed, resurfaced, overlaid, slurry-sealed, micro-surfaced, cape-sealed, or otherwise treated and remains within a moratorium period established by this Article.
“Permit” means an encroachment permit, excavation permit, street-cut permit, right-of-way permit, annual permit, emergency permit, or other written authorization issued by the City for work within the public right-of-way. For work performed directly by a municipal excavator, “permit” includes an equivalent internal written authorization issued under section 66-33.
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“Public right-of-way” means a street, highway, road, alley, sidewalk, parkway, curb, gutter, bicycle facility, trail, public-service easement, drainage facility, or other real property or property interest that is owned, accepted, maintained, controlled, or administered by the City for public travel, access, drainage, utility, or public-infrastructure purposes. The term does not include an easement over private property that is not under the City’s jurisdiction. “Restoration” means all temporary and permanent work necessary to return the public right-ofway to the condition required by this Article, the City Standards, and applicable permit conditions. Restoration includes backfill, compaction, base replacement, pavement replacement, concrete replacement, grinding, milling, overlay, slurry seal, micro-surfacing, joint sealing, striping, pavement markings, markers, signs, curb, gutter, sidewalk, accessible pedestrian facilities, bicycle facilities, drainage facilities, traffic-control devices, landscaping, decorative surfaces, and related appurtenances.
“Street segment” means a portion of a street established under the City Standards or by a written determination of the Director for purposes of evaluating cumulative excavation, pavement condition, or appropriate restoration limits.
“Trenchless technology” means drilling, augering, boring, tunneling, pipe bursting, lining, or another installation, repair, replacement, or renewal method that minimizes disturbance of the pavement surface.
“Work” means excavation and any associated obstruction, lane closure, equipment placement, material storage, traffic control, temporary repair, permanent restoration, or other activity performed within or affecting the public right-of-way.
Sec. 66-33. Permit or written authorization required.
A. Except for emergency work performed in accordance with section 66-35, no excavator shall perform or cause work within the public right-of-way without first obtaining a permit from the City.
B. The permit requirement applies to all excavators and facility owners, including telecommunications providers, public utilities, municipal water districts, special districts, public agencies, franchisees, contractors, developers, and City contractors, to the maximum extent permitted by law.
C. Work performed directly by a municipal excavator shall require an equivalent internal written authorization and shall comply with the same substantive engineering, restoration, trafficcontrol, inspection, testing, coordination, and warranty standards applicable to comparable work by a nonmunicipal excavator. Nothing in this subsection exempts a City contractor from obtaining a permit.
D. A permit is required for scheduled operations and maintenance work, capital work, utility work, service connections, repairs, replacements, relocations, exploratory excavations, lane
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closures, equipment placement, material storage, and all related activity affecting the public right-of-way.
E. Issuance of a permit does not relieve an excavator or facility owner from compliance with any other applicable federal, state, regional, or local law, including laws governing undergroundservice notification, traffic control, stormwater, disability access, occupational safety, hazardous materials, and environmental protection.
F. The Director may issue an annual, blanket, programmatic, or master permit for routine or recurring work by a public utility, municipal water district, special district, public agency, telecommunications provider, or other facility owner. Before work begins at a particular location, the permittee shall provide the site-specific notice, plans, traffic-control information, schedule, and restoration information required by the permit and City Standards.
G. A permit authorizes only the work expressly described in the permit and does not convey a franchise, property interest, easement, exclusive right, or permanent right to occupy the public right-of-way.
H. Permit requirements and conditions shall be applied in a reasonable, equivalent, and nondiscriminatory manner, subject to lawful distinctions based upon objective engineering, safety, traffic, pavement, and construction-related factors.
Sec. 66-34. Permit applications, review, and conditions.
A. A permit application shall be submitted in the form required by the Director and shall include all information reasonably necessary to evaluate the proposed work, including:
1. The identity and contact information of the excavator, contractor, and facility owner;
2. The location, purpose, dimensions, and anticipated schedule of the work;
3. Plans depicting existing and proposed facilities and improvements;
4. Construction methods affecting the public right-of-way;
5. Proposed temporary and permanent restoration;
6. Traffic-control and lane-closure plans;
7. Plans for maintaining accessible pedestrian routes, bicycle access, transit access, emergency access, and access to adjoining properties;
8. Underground-service notification information;
9. Identification of related, phased, or reasonably anticipated work by the same facility owner within the block or street segment;
10. Evidence of insurance, self-insurance, bonds, deposits, or other security when required; and
11. Any other information reasonably required by the Director under this Article or the City Standards.
B. The Director may impose permit conditions reasonably necessary to protect the public rightof-way and public health, safety, and welfare, including conditions regarding work hours, traffic control, public notice, trench plating, temporary paving, permanent restoration limits, inspection,
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testing, compaction, materials, coordination with City projects, stormwater compliance, protection of bicycle and pedestrian facilities, warranty, insurance, indemnity, security, and reimbursement of City costs.
C. Permit conditions shall be based upon this Article, the City Standards, generally applicable permit requirements, or a written site-specific determination explaining the engineering, safety, or operational basis for the condition.
D. A material change in the location, dimensions, means or methods, schedule, traffic control, or restoration scope of permitted work requires prior written approval from the Director, except when immediate action is required by an emergency.
E. The Director may approve a deviation from the City Standards when the applicant demonstrates through a written engineering analysis that the proposed alternative will provide equal or greater protection of public safety, structural integrity, ride quality, drainage, accessibility, and useful pavement life. Each approved deviation shall be documented in writing.
Sec. 66-35. Emergency work.
A. An excavator may commence emergency work before obtaining a permit when immediate action is reasonably necessary to prevent or mitigate loss of or damage to life, health, property, public safety, the public right-of-way, or essential public services.
B. Before commencing emergency work, the excavator shall notify the City when reasonably practicable. In all cases, the excavator shall notify the City as soon as practicable and no later than twenty-four hours after commencing the work. Notice shall include the location and nature of the emergency, responsible contacts, traffic-control measures, temporary restoration measures, and anticipated schedule for permanent restoration.
C. The excavator shall comply with applicable underground-service notification requirements and all other emergency-notification requirements imposed by law.
D. The excavator shall apply for an after-the-fact permit within five business days after commencing emergency work unless the Director approves a longer period in writing for good cause.
E. Emergency work shall be performed using safe temporary measures, including trench plates, temporary paving, barriers, signs, lighting, accessible pedestrian routing, bicycle routing, and traffic control appropriate to the circumstances and as directed by the Director.
F. Permanent restoration shall be completed within thirty calendar days after the emergency condition has been stabilized or the City approves the temporary repair, whichever occurs later.
The Director may approve a written restoration schedule not exceeding ninety calendar days when reasonably necessary due to weather, material availability, testing, coordination, or other circumstances beyond the excavator’s reasonable control. A longer schedule may be approved
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only upon a written finding of extraordinary circumstances and establishment of an enforceable completion schedule.
G. The emergency exception authorizes immediate response to the emergency. It does not waive the duty to obtain an after-the-fact permit, comply with restoration and testing requirements, pay lawful inspection and cost-recovery charges, reimburse the City, or satisfy warranty obligations.
Sec. 66-36. General restoration objective.
A. Every excavation shall be restored so that the public right-of-way is returned, to the maximum extent reasonably feasible, to its prior structural capacity, surface smoothness, drainage function, safety, accessibility, ride quality, appearance, and useful life and, in all events, in a manner that avoids unnecessary impairment of the public right-of-way’s usefulness.
B. Trench-width patching alone is not sufficient when the City Standards or a written engineering determination establish that broader restoration is reasonably necessary because of pavement age or condition, excavation orientation, excavation influence area, traffic loading, proximity to joints or pavement boundaries, repeated or cumulative excavation, bicycle or pedestrian safety, drainage, or other objective engineering considerations.
C. Restoration shall comply with this Article, the City Standards, approved plans, permit conditions, and lawful written directives of the Director.
D. Restoration requirements shall be reasonably related in nature and extent to the impacts of the excavation and work. This Article shall not be used to require an excavator to fund unrelated improvements or betterments. When the City requests an enhancement beyond the restoration reasonably required to address the impacts of the work, the City shall be responsible for the incremental cost of that enhancement unless the cost is otherwise lawfully imposed upon the excavator or facility owner.
Sec. 66-37. Baseline excavation and restoration requirements.
A. The required excavation-influence area, T-cut or equivalent restoration dimensions, pavement-removal limits, minimum surface-restoration width, end overruns, milling depth, overlay depth, joint treatment, and patch geometry shall be determined under the City Standards.
The City Standards may establish differing requirements based upon street classification, utility type, excavation depth and orientation, pavement age and condition, traffic loading, soil conditions, pavement treatment, and other objective engineering criteria.
B. Pavement and concrete cuts shall be made to neat, straight, and vertical lines. Restoration limits shall be rectangular and parallel or perpendicular to the street centerline to the extent practicable. Irregular shapes, diagonal joints, feathered edges, and joints in wheel paths shall be avoided where reasonably feasible.
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C. Separate patches, trenches, bore pits, potholes, or pavement repairs shall be combined into a continuous restoration area when the distance between them is less than the minimum separation established by the City Standards or their excavation influence areas overlap.
D. Thin pavement remnants, slivers, or unsupported strips between a restoration area and a curb, gutter, lane line, centerline, edge of pavement, bicycle-lane line, existing patch, utility cut, concrete panel, or other pavement joint shall be eliminated by extending the restoration to the applicable boundary as provided in the City Standards.
E. Surface-course restoration shall meet the minimum width and length prescribed by the City Standards. The Director may approve a smaller restoration area for a keyhole, pothole, non-linear excavation, or other minor excavation only upon a written determination that the alternative will not materially impair pavement performance, ride quality, drainage, safety, accessibility, or useful life.
F. Surface courses shall be placed by paving machine unless the City Standards authorize another method or the Director approves hand placement for a small excavation, keyhole, pothole, or constrained location.
G. Restoration of Portland cement concrete streets, alleys, sidewalks, gutters, cross-gutters, and other concrete improvements shall extend to the joints, panels, or boundaries required by the City Standards. Damaged, cracked, undermined, or inadequately supported portions of adjoining panels shall be removed and replaced when required to achieve the restoration objective.
H. Decorative surfaces, pavers, landscaping, irrigation, street furniture, traffic-control devices, accessible facilities, and other improvements disturbed by the work shall be replaced in kind or with an approved equivalent and restored to a safe and serviceable condition.
I. Damage caused by construction equipment, material storage, haul routes, vibration, dewatering, settlement, or other work outside the physical excavation shall be repaired as part of the required restoration.
Sec. 66-38. Expanded restoration limits.
A. The City’s pavement-restoration matrix and other City Standards shall govern when restoration must extend beyond the excavation and excavation influence area to a lane line, centerline, curb, gutter, edge of pavement, median, bicycle-facility boundary, intersection, pavement-treatment limit, or other logical geometric boundary.
B. When the excavation or excavation influence area reaches, crosses, or is within the applicable distance prescribed by the City Standards of a lane line, street centerline, curb, gutter, edge of pavement, concrete cross-gutter, median, or other pavement boundary, restoration shall extend to the boundary or across the affected lane or portion of the street as prescribed by the City Standards.
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C. When an excavation or excavation influence area enters a bicycle lane, buffered bicycle lane, or other marked bicycle facility, restoration shall extend across the full width of the affected bicycle facility for the affected length, including required end overruns, and all striping and markings shall be restored to provide a continuous, smooth, and safe riding surface.
D. A longitudinal trench shall require full-width restoration of the affected lane when its length, width, orientation, excavation influence area, or effect upon the pavement meets or exceeds a threshold established in the City Standards.
E. Multiple excavations, cuts, patches, bore pits, potholes, or overlapping excavation influence areas attributable to the same excavator or facility owner shall be combined into a continuous restoration area when required by the City Standards.
F. When cumulative excavation attributable to the same excavator or facility owner affects twenty-five percent or more of the length of a block or defined street segment within a lane, the full affected lane shall be restored for the affected block or segment, unless the Director approves an alternative based upon a written engineering determination that the restoration objective will be satisfied.
G. When cumulative excavation attributable to the same excavator or facility owner affects fifty percent or more of the length of a block or defined street segment, or when cumulative impacts materially affect more than one lane, the Director may require half-street, full-width, or curb-tocurb restoration over the affected block or street segment.
H. On arterial streets, collector streets, multi-lane streets, high-volume streets, designated truck routes, streets with repeated cuts, and streets with overlapping excavation influence areas, the Director may require full-lane, half-street, median-to-curb, or curb-to-curb restoration when supported by a written determination addressing pavement condition, traffic loading, ride quality, safety, drainage, pavement fragmentation, joint location, or useful pavement life.
I. When full-lane, half-street, median-to-curb, or curb-to-curb milling, overlay, or surface treatment is required, the restoration shall extend at least ten feet beyond each end of the excavation and excavation influence area, or to the next logical geometric boundary, whichever produces the greater restoration area. The City Standards may require a greater end overrun.
J. The Director may approve an alternative restoration limit upon a written engineering determination that the alternative will provide equal or greater protection of structural capacity, smoothness, drainage, safety, accessibility, ride quality, and useful pavement life.
K. A broader restoration requirement under this section shall not exceed the area reasonably affected by the excavation, the excavation influence area, cumulative excavation, construction operations, or resulting pavement fragmentation, except as otherwise authorized by law or voluntarily agreed upon by the excavator and City.
Sec. 66-39. Moratorium on excavation in recently improved streets.
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A. No excavator, including a telecommunications provider, public utility, municipal water district, special district, public agency, franchisee, contractor, developer, facility owner, or municipal excavator, shall excavate, cut, trench, pothole, or otherwise disturb the pavement surface of a street within five years after the City’s written acceptance of new construction, reconstruction, resurfacing, or asphalt overlay, except as authorized by this section.
B. No excavator, including a telecommunications provider, public utility, municipal water district, special district, public agency, franchisee, contractor, developer, facility owner, or municipal excavator, shall excavate, cut, trench, pothole, or otherwise disturb the pavement surface of a street within one year after the City’s written acceptance of slurry seal, microsurfacing, cape seal, or a comparable pavement-preservation treatment, except as authorized by this section.
C. The City shall maintain and make reasonably available a list, map, database, or other record of known moratorium streets and their applicable moratorium periods. Failure to include a street in that record shall not eliminate its status as a moratorium street when the applicant receives written notice of the street’s status before permit issuance.
D. The Director may authorize work within a moratorium street upon a written finding that one or more of the following applies:
1. An emergency exists;
2. The work is mandated by federal or state law, court order, or a final order of a regulatory agency with jurisdiction;
3. The work is required by the City as a condition of development approval, public improvement, or City project;
4. New or replacement service cannot reasonably be provided through existing conduit, existing facilities, trenchless technology, or an alternative alignment without substantially greater impacts to the public right-of-way, and denial would materially impair the provision of legally authorized service;
5. The work consists solely of an exploratory excavation, pothole, keyhole, or non-linear excavation approved by the Director;
6. The work is necessary to correct a defect or failure covered by a warranty;
7. The work was timely disclosed to the City during pre-paving coordination but could not reasonably be completed before the pavement treatment;
8. Denial would create an unreasonable risk to public health, public safety, property, or essential public services; or
9. Federal or state law otherwise requires that access be allowed, subject to lawful and reasonable restoration conditions.
E. Work authorized in a moratorium street shall comply with the heightened restoration requirements in the City Standards. Depending upon pavement treatment, street classification, excavation orientation, excavation influence area, and other objective engineering factors, the required restoration may include full-lane, half-street, median-to-curb, or curb-to-curb milling and overlay or reapplication of the applicable pavement-preservation treatment for the
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excavation length, excavation influence area, required end overruns, and any additional area damaged or fragmented by the work.
F. A moratorium waiver and the restoration conditions imposed with the waiver shall be in writing and shall identify the applicable exception and the engineering or legal basis for the required restoration.
G. Emergency work may proceed without advance approval as provided in section 66-35, but remains subject to all applicable moratorium-street restoration requirements.
H. Trenchless work that does not disturb the pavement surface is not prohibited by this section.
Bore pits, receiving pits, potholes, keyholes, and other surface disturbances associated with trenchless work remain subject to this Article and the City Standards.
Sec. 66-40. Backfill, compaction, materials, testing, and inspection.
A. Backfill shall consist of controlled-density fill, slurry backfill, approved granular material, or another material authorized by the City Standards or approved by the Director.
B. Subgrade, backfill, bedding, and aggregate base shall be placed and compacted in accordance with the City Standards. Unless the City Standards require a more stringent standard, the upper thirty-six inches of backfill and subgrade shall be compacted to at least ninety-five percent relative compaction, and material below the upper thirty-six inches shall be compacted to at least ninety percent relative compaction, using the applicable test method approved by the Director.
C. Aggregate base, asphalt concrete, Portland cement concrete, slurry seal, micro-surfacing, tack coat, joint sealant, pavement fabric, and other materials shall comply with the City Standards and shall match or exceed the structural capacity and service characteristics of the existing improvement.
D. Milling depth, pavement lifts, and overlay thickness shall comply with the City Standards and shall be sufficient to replace the existing pavement section and address damage within the excavation influence area. No feathered asphalt edge shall be permitted.
E. Tack coat or another approved bonding treatment shall be applied to horizontal and vertical interfaces as required by the City Standards. Joints shall be straight, properly compacted, sealed, and placed outside wheel paths where reasonably feasible.
F. The finished surface shall be flush with adjacent surfaces and shall comply with the smoothness and tolerance requirements in the City Standards.
G. The excavator shall provide compaction, materials, concrete, asphalt, and other testing by a qualified testing firm when required by the City Standards, permit, or Director. Test results shall be submitted within seven calendar days after completion of the tested work, or sooner when required to determine whether subsequent work may proceed.
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H. Material that is unstable, saturated, contaminated, inadequately compacted, undermined, or otherwise unsuitable shall be removed, treated, or replaced as directed by the Director.
I. City inspection, testing, approval, or final acceptance does not relieve an excavator, contractor, or facility owner of responsibility for compliance with this Article or for latent defects, inaccurate information, or defective work.
Sec. 66-41. Temporary restoration, traffic control, and public access.
A. Every excavator shall maintain the public right-of-way and work area in a safe, stable, clean, and accessible condition at all times.
B. Temporary pavement, trench plates, or another safe temporary surface shall be installed before the work area is opened to traffic or left unattended. Plates shall be adequately sized, secured, skid resistant, and recessed or maintained flush with adjacent pavement to the extent required by the City Standards.
C. Traffic control shall comply with the California Manual on Uniform Traffic Control Devices, the City Standards, approved traffic-control plans, and permit conditions.
D. The Director may require work windows, off-peak work, night work, accelerated work, detours, flagging, temporary signals, public notice, parking restrictions, and other measures reasonably necessary to protect safety and reduce traffic impacts.
E. The excavator shall maintain safe and legally compliant routes for pedestrians, persons with disabilities, bicyclists, transit users, emergency vehicles, and access to adjoining properties. A route shall not be closed without an approved alternate route unless closure is unavoidable during an emergency.
F. The excavator shall control dust, debris, sediment, runoff, water, noise, vibration, lighting, and material storage in compliance with applicable law and permit conditions.
G. Temporary striping and pavement markings shall be installed before reopening the street when permanent striping cannot be completed immediately. Permanent striping, pavement markings, markers, signs, and traffic-control devices affected by the work shall be restored promptly and, unless otherwise approved, on the same day as final surface restoration.
H. Utility markouts and other temporary markings shall be removed or obscured upon completion of the work using methods that do not damage the public improvement or create confusing traffic markings.
Sec. 66-42. Warranty and continuing maintenance obligation.
A. Each excavator and facility owner shall warrant permanent restoration and the condition of the affected public right-of-way for three years after final acceptance, unless a longer period is required by law, permit, agreement, franchise, or the City Standards.
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B. The warranty covers settlement, cracking, rutting, raveling, potholing, delamination, water intrusion, failed joints, surface unevenness, drainage impairment, striping failure, loss of compaction, base failure, and any other defect or failure attributable to the excavation, temporary repair, permanent restoration, materials, means, methods, or related work.
C. Upon written notice from the City, the excavator or facility owner shall obtain any required permit and commence corrective work within the period specified by the Director. A condition presenting an immediate safety hazard shall be made safe immediately.
D. Corrective work shall consist of milling, overlaying, reconstruction, replacement, or another restoration method approved by the Director. A skin patch, localized surface patch, or crack seal shall not constitute a permanent warranty remedy unless the Director determines in writing that it is appropriate for a minor defect and will satisfy the restoration objective.
E. When the original restoration required full-lane, half-street, median-to-curb, bicycle-lane, or curb-to-curb restoration, corrective work shall restore at least the same width and limits unless the Director approves a different scope based upon a written engineering determination.
F. Corrective work performed during the warranty period shall be warranted for the longer of:
1. The remainder of the original warranty period; or
2. One year after the City’s written acceptance of the corrective work.
G. Release of a bond, deposit, or other security does not extinguish a warranty obligation unless expressly stated in writing by the City.
Sec. 66-43. Responsibility, liability, indemnity, security, and reimbursement.
A. Every excavator and facility owner owes an express duty to the City and the public to perform excavation, fill, backfill, compaction, temporary patching, plating, traffic control, permanent restoration, and related work in a safe and lawful manner and in compliance with this Article, the City Standards, approved plans, and permit conditions.
B. To the maximum extent permitted by law, each excavator and facility owner is responsible for injury, property damage, loss, cost, expense, claim, settlement, judgment, fine, penalty, administrative cost, inspection cost, repair cost, or restoration cost to the extent proximately caused by:
1. Its work or facilities;
2. Its violation of this Article, the City Standards, an approved plan, permit condition, or lawful City directive;
3. A defective temporary or permanent restoration; or
4. Its failure to maintain, repair, secure, or correct the public right-of-way.
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C. As a condition of a permit and to the maximum extent permitted by law, each excavator and facility owner shall defend, indemnify, reimburse, and hold harmless the City and its elected and appointed officials, officers, employees, agents, and volunteers from and against claims, liabilities, losses, damages, costs, expenses, attorneys’ fees, expert fees, penalties, fines, and judgments arising out of or relating to the work or facility, but only to the extent caused by:
1. A negligent, reckless, willful, or unlawful act or omission of the excavator, facility owner, contractor, subcontractor, or a person for whom the indemnitor is legally responsible;
2. A breach of this Article, the permit, approved plans, City Standards, or applicable law; or
3. A dangerous or defective condition created or maintained by the work or facility.
The indemnity shall not apply to the extent a claim is caused by the sole negligence or willful misconduct of the City or to the extent indemnification is prohibited by Civil Code section 2782 or other applicable law.
D. A public agency, special district, municipal water district, or other governmental entity may satisfy applicable defense, indemnity, insurance, and risk-allocation requirements through a cooperative agreement, memorandum of understanding, reciprocal indemnity, self-insurance documentation, or other legally authorized instrument acceptable to the City.
E. The Director may require insurance, self-insurance documentation, performance or warranty bonds, deposits, letters of credit, or other security in an amount and form reasonably sufficient to protect the City and ensure completion of restoration and corrective work. Security requirements shall account for applicable legal limitations governing public agencies and regulated utilities.
F. If an excavator or facility owner fails to perform required inspection, testing, traffic control, temporary repair, permanent restoration, warranty correction, or other work within the required time, the City may perform or contract for the work after reasonable notice. No advance notice is required when immediate action is reasonably necessary to address an emergency or imminent safety hazard.
G. The excavator and facility owner shall reimburse the City for the reasonable and documented costs of work performed under subsection F, including staff time, inspection, testing, traffic control, administration, equipment, contractors, materials, engineering, and legal collection costs to the extent permitted by law. The City may draw upon applicable security and may recover any unpaid balance as a civil debt.
H. Nothing in this section waives a defense, immunity, or limitation of liability available to the City under the Government Claims Act or other law.
Sec. 66-44. Fees, deposits, and cost recovery.
A. The City Council may by resolution establish permit, plan-review, inspection, testing, administration, emergency-response, and other cost-recovery fees. Each fee shall comply with
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applicable constitutional and statutory requirements and shall not exceed the amount authorized by law.
B. A permit fee imposed upon a telecommunications provider shall not exceed the reasonable cost of providing the service for which the fee is charged and shall comply with Government Code section 50030, title 47 United States Code section 253, and other applicable law.
C. The City Council may establish a street-damage or pavement-degradation fee only after considering an engineering and cost study reasonably demonstrating the relationship between excavation and the increased cost of pavement maintenance, rehabilitation, reconstruction, inspection, or administration. The fee:
1. Shall be reasonably attributable to the impacts of excavation;
2. Shall not be imposed as rent or compensation for mere occupancy or use of the public right-of-way unless independently authorized by law or agreement;
3. Shall account for relevant factors such as pavement condition, pavement age, street classification, excavation area, excavation influence area, and restoration performed by the excavator;
4. Shall provide appropriate credits to avoid duplicate recovery; and
5. Shall be used for purposes consistent with the legal basis upon which the fee was imposed.
D. When authorized by City Council resolution, an excavator may perform additional restoration in lieu of paying all or a portion of a pavement-degradation fee. The additional restoration and applicable credit shall be determined under a published schedule, formula, or written agreement.
E. The City may waive or modify permit-application fees for a public agency or other governmental entity by resolution or written agreement. Unless expressly stated, a fee waiver does not waive inspection, testing, restoration, warranty, indemnity, reimbursement, or emergency-response obligations.
F. A deposit or security shall be accounted for separately and any unused balance shall be returned after final acceptance, satisfaction of outstanding costs, and completion of any applicable administrative reconciliation. Retention of security during a warranty period shall be limited to an amount reasonably related to the secured obligation.
G. Nothing in this section authorizes a fee, tax, assessment, franchise charge, or other monetary exaction that the City is not otherwise authorized by law to impose.
Sec. 66-45. Coordination of work.
A. The City may publish or otherwise make available an annual or multi-year paving, reconstruction, resurfacing, slurry-seal, micro-surfacing, and pavement-preservation plan.
B. Upon request, facility owners, public utilities, municipal water districts, special districts, public agencies, telecommunications providers, and other recurring excavators shall provide the
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City with known capital-improvement plans, maintenance plans, and reasonably anticipated excavation schedules affecting the public right-of-way, to the extent the information may lawfully be disclosed.
C. The Director may convene pre-paving coordination meetings and may request that reasonably foreseeable work be completed before the City performs a pavement improvement.
D. The Director may require reasonable use of joint trenches, existing conduit, coordinated construction, trenchless technology, or compatible scheduling when feasible and when the requirement does not materially impair legally authorized service or impose unreasonable or discriminatory burdens.
E. An excavator shall disclose related or phased work by the same facility owner when known at the time of application. Work shall not be divided into separate permits for the purpose of avoiding cumulative-excavation or expanded-restoration requirements.
F. The City shall not require disclosure of security-sensitive, privileged, confidential, or protected information except to the extent disclosure is authorized by law and reasonably necessary to administer this Article.
G. Coordination requirements shall be administered in an equivalent and nondiscriminatory manner.
Sec. 66-46. Stop-work orders and correction of unsafe or noncompliant work.
A. The Director may issue a stop-work order, suspend or revoke a permit, restrict nonemergency work, require immediate safety measures, or require removal and replacement of work when the Director reasonably determines that the work:
1. Is unpermitted;
2. Materially departs from approved plans or permit conditions;
3. Violates this Article or the City Standards;
4. Is unsafe or creates an imminent hazard;
5. Is causing or is reasonably likely to cause material damage to the public right-of-way or public infrastructure; or
6. Unreasonably interferes with traffic circulation, emergency access, pedestrian access, bicycle access, drainage, or essential public services.
B. A stop-work order shall identify the basis for the order and the actions required for work to resume, except when immediate oral direction is reasonably necessary to address an emergency.
An oral direction shall be documented in writing as soon as practicable.
C. A stop-work order shall not prevent work reasonably necessary to stabilize an emergency, protect life or property, maintain essential service, or secure the work site. The Director may impose safety and traffic-control conditions upon such work.
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D. If the responsible excavator fails to secure or correct an unsafe site, the City may take immediate corrective action and recover its costs under section 66-43.
Sec. 66-47. Violations and enforcement.
A. A violation of this Article, the City Standards, a permit condition, an approved plan, a stopwork order, or a lawful written directive issued under this Article is subject to all remedies available to the City, including:
1. Administrative citation under the Hemet Municipal Code;
2. Civil or criminal enforcement as authorized by law;
3. Injunctive or declaratory relief;
4. Stop-work order;
5. Permit suspension or revocation;
6. Correction or removal of noncompliant work;
7. Recovery of City costs;
8. Recovery against a bond, deposit, or other security; and
9. Any other remedy authorized by the Hemet Municipal Code or state law.
B. Each day a violation continues after expiration of an applicable correction period constitutes a separate violation. Each separate work location may constitute a separate violation.
C. Administrative penalties shall be imposed in accordance with the City’s generally applicable administrative-citation procedures and penalty schedule. Penalties may account for repeated violations, unpermitted work, failure to provide emergency notice, failure to obtain an after-thefact permit, failure to restore, failure to correct warranty defects, and failure to reimburse City costs.
D. The City may withhold approval of nonemergency permits or suspend work under an annual or blanket permit when an excavator or facility owner has an outstanding material violation, delinquent reimbursement obligation, or insufficient security, provided that:
1. The City gives written notice and a reasonable opportunity to cure or provide security;
2. The restriction is reasonably related to the outstanding violation or obligation; and
3. The restriction does not prohibit emergency work or access that the City is legally required to allow.
E. The remedies provided by this Article are cumulative and not exclusive.
Sec. 66-48. Appeals.
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A. A permit applicant, excavator, or facility owner may appeal a written decision of the Director by filing a written appeal with the City Manager within ten calendar days after service of the decision.
B. The appeal shall identify:
1. The decision appealed;
2. The grounds for appeal;
3. The relief requested; and
4. All supporting documents, plans, engineering analyses, and legal authorities upon which the appellant relies.
C. The City Manager or a designee shall review the administrative record and may request additional information or conduct a hearing. To the extent reasonably practicable, the appeal shall be decided by a person who did not materially participate in the initial decision.
D. The appeal decision shall be in writing, shall state the material basis for the decision, and shall constitute the City’s final administrative decision.
E. Filing an appeal does not stay an emergency directive, stop-work order, traffic-control requirement, temporary safety measure, site-security requirement, or corrective action reasonably necessary to protect public health, safety, essential services, or the public right-of-way. The City Manager may grant a written stay upon finding that a stay will not create an unreasonable risk.
Sec. 66-49. Agreements, City Standards, and administration.
A. The City may enter into memoranda of understanding, cooperative agreements, franchise provisions, annual permit programs, or other agreements with facility owners, public utilities, municipal water districts, special districts, public agencies, or telecommunications providers to:
1. Streamline permitting and notice;
2. Coordinate emergency response;
3. Establish points of contact;
4. Schedule inspections and restoration;
5. Exchange paving and capital-improvement plans;
6. Establish lawful risk-allocation and reimbursement procedures; and
7. Resolve recurring implementation issues.
B. No administrative agreement shall waive the fundamental restoration objective, emergencynotice requirement, warranty obligation, or reimbursement obligation established by this Article unless the waiver is approved by the City Council or required by law. A governmental agreement may establish alternative indemnity, insurance, fee, permitting, or dispute-resolution procedures consistent with applicable law.
C. The Director may adopt and amend City Standards, standard plans, standard specifications, excavation-influence-area tables, pavement-restoration matrices, permit forms, inspection
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protocols, testing requirements, and administrative guidelines necessary to implement this Article.
D. City Standards adopted under this section shall:
1. Be based upon objective engineering, construction, safety, traffic, pavementmanagement, or operational considerations;
2. Be applied uniformly to similarly situated work;
3. Identify material distinctions based upon relevant factors such as street classification, pavement age and condition, pavement treatment, excavation orientation, utility type, traffic loading, and excavation dimensions;
4. Be maintained in writing and made reasonably available to the public; and
5. Be consistent with this Article and applicable state and federal law.
E. A new or amended City Standard shall not establish a fee or charge without the City Council action required by law.
F. The Director shall document approved deviations from the City Standards and maintain records reasonably sufficient to administer moratorium periods, cumulative-excavation requirements, warranties, and restoration obligations.
G. If a City Standard conflicts with this Article, this Article controls.
Sec. 66-50. Relationship to other laws and agreements.
A. This Article shall be interpreted and applied consistently with federal and state law. If a provision would be preempted or invalid as applied to a particular excavator, facility, or activity, the provision shall be applied to the maximum extent permitted by law, and the remaining provisions shall remain in effect.
B. Where federal or state law grants a person or entity a right to place or maintain facilities in a public right-of-way, this Article shall be administered as a reasonable regulation of the time, place, and manner of access, public safety, traffic control, construction, restoration, and cost recovery and shall not be construed to prohibit access that the City is legally required to allow.
C. Nothing in this Article regulates a matter subject to the exclusive jurisdiction of the California Public Utilities Commission, Federal Communications Commission, or another state or federal agency.
D. Nothing in this Article enlarges or reduces a permit-processing period, shot clock, deemedgranted remedy, or other procedural requirement established by federal or state law.
E. This Article supplements applicable franchises, licenses, easements, permits, agreements, and other provisions of the Hemet Municipal Code. A more protective requirement in another lawful instrument remains enforceable unless it directly conflicts with this Article.
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F. Unless the City expressly requires separate permits, compliance with an excavation permit issued under this Article satisfies any duplicative excavation-permit requirement elsewhere in the Hemet Municipal Code. Other permits and approvals governing distinct subjects remain required.
SECTION 4. IMPLEMENTATION, TRANSITION, AND SUPERSESSION.
A. Before the effective date of this Ordinance, or as soon thereafter as reasonably practicable, the Director shall prepare, update, and make publicly available the City Standards necessary to implement Article II, including an excavation-influence-area table or matrix, minimum T-cut and restoration dimensions, pavement-restoration triggers, moratorium-street restoration requirements, and standards for concrete, bicycle-facility, and pavement-preservation restoration.
B. Existing City standard plans, specifications, and permit requirements shall remain effective until amended or replaced, except to the extent they conflict with this Ordinance.
C. A permit issued before the effective date of this Ordinance shall generally remain governed by the requirements and conditions in effect when the permit was issued. The Director may impose immediately applicable safety, traffic-control, emergency, or legally mandated requirements when necessary to protect life, property, or the public right-of-way.
D. Existing warranty, indemnity, reimbursement, enforcement, and restoration obligations are not extinguished by adoption of this Ordinance.
E. To the extent Ordinance No. 2035 or another prior ordinance adopted provisions codified within Chapter 66, Article II, those provisions are superseded by the complete amendment and restatement enacted by this Ordinance. Supersession does not affect any accrued right, obligation, liability, violation, enforcement proceeding, permit condition, or warranty arising before the effective date.
F. The City Clerk and code publisher are authorized to make nonsubstantive formatting, numbering, cross-reference, and typographical corrections necessary to codify this Ordinance, provided that no correction materially changes its meaning.
SECTION 5. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the decision shall not affect the validity of the remaining portions. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, and portion thereof irrespective of the fact that any one or more portions may be declared invalid, unconstitutional, or unenforceable.
SECTION 6. NO MANDATORY DUTY.
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Except to the extent expressly required by law, this Ordinance is not intended to create a mandatory duty of the City or any City officer, employee, or agent under the Government Claims Act or otherwise. The City retains the lawful discretion necessary to administer and enforce this Ordinance based upon available resources, public-safety priorities, engineering judgment, and the circumstances of each matter.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect thirty days after its adoption.
SECTION 8. CERTIFICATION AND PUBLICATION.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause it, or a summary of it, to be published, posted, or otherwise made available in the manner required by law.
INTRODUCED at a regular meeting of the City Council of the City of Hemet held on ____________, 2026.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Hemet held on ____________, 2026.
__________________________________
Linda Krupa, Mayor
ATTEST:
_____________________________
Rosalia Butler, City Clerk
APPROVED AS TO FORM:
____________________________
Steven Graham Pacifico, City Attorney
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- CODE
Chapter 66 - STREETS AND SIDEWALKS
ARTICLE II. EXCAVATIONS
Hemet, California, Code of Ordinances Created: 2026-06-01 17:11:27 [EST] (Supp. No. 69, Update 2)
ARTICLE II. EXCAVATIONS1
1Cross reference(s)—Utilities, ch. 82.
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Created: 2026-06-01 17:11:27 [EST]
(Supp. No. 69, Update 2)
Sec. 66-31. Generally.
It is unlawful for any person or his agents or employees to construct or lay pipelines or conduits upon, along, under or across the streets of the city, or to excavate, dig, open or tear up any portion of any such streets for the purpose of constructing, maintaining, operating or repairing any such pipelines or conduits, or to fill any opening and repair and restore the pavement thereover, except under the direction of the city manager or designee and in accordance with the provisions of this Code and other ordinances of the city and such rules and regulations as may be from time to time adopted by the city council.
(Ord. No. 73; Code 1984, § 13100; Ord. No. 2035, § 2, 6-25-24) Sec. 66-32. Permit required.
It is unlawful for any person to tear up, excavate, dig, open or remove any part of any street in the city without first obtaining a permit from the city manager or designee for such work. Applications for such work permit shall be made in writing.
(Ord. No. 73; Code 1984, § 13101; Ord. No. 2035, § 2, 6-25-24) Sec. 66-33. Application for permit.
The application for a permit required by section 66-32 shall designate the streets or portions thereof where the proposed work is to be done, and, in case it is intended to construct laterals or connections with the main, the application shall be accompanied by a diagram or plat showing the location of such proposed laterals or connections and the direction and location thereof from the main to the curbline. The person applying for such permit shall also notify the city manager or designee, either personally or in writing, not less than 24 hours in advance of the time that the work is expected to begin; provided, however, that, in the event of accident or emergency requiring immediate action to prevent injury or damage to person or property, no such notice shall be required, but in that event the person shall notify the city manager or designee of the nature or kind of work done and the time when the work was completed within 24 hours after the completion of the work. (Ord. No. 73; Code 1984, § 13102; Ord. No. 2035, § 2, 6-25-24) Sec. 66-34. Restoration guarantee.
The application for a permit required by section 66-32 shall contain an agreement on the part of the applicant that he will replace the earth, dirt, rock or other materials so excavated or removed so as to restore such street to as good a condition as before the opening or tearing up thereof. Such work of restoration shall be done under the supervision of the city manager or designee and subject to his approval. The city manager or designee shall be sole judge as to whether or not the terms of the application and permit have been complied with; provided, however, that, in all cases where the street or portion thereof upon which such work has been done is improved with a pavement having a concrete base or is macadamized, the work of replacing such concrete or macadam and the surface over the concrete or macadam shall be done by the city manager or designee, or under their direction, at the expense of the person to whom the permit was granted; and provided further that, in any event, the city manager or designee shall have the right when, in the exercise of his their discretion, they decide that the best interests of the city will be served thereby, to take charge of all filling or refilling or restoring of any streets of any character and have the filling or refilling done by parties other than the person to whom the permit was granted, and in that event the cost of such work shall be charged to the person to whom the permit is granted.
A clause in such application to the effect that the applicant agrees to do the work in accordance with the
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Created: 2026-06-01 17:11:27 [EST]
(Supp. No. 69, Update 2)
provisions of this article shall be deemed to be specific agreement on the part of such applicant to all of its terms and conditions, the same as though each were specifically set forth. (Ord. No. 73; Code 1984, § 13103; Ord. No. 2035, § 2, 6-25-24) Sec. 66-35. Preparation of subgrade; filling.
(a) Preparation of subgrade and construction of the structural pavement section shall follow immediately after excavation and shall be performed in an operation continuing through each working day, from the beginning of excavation to the placing of surfacing to match the grade of the adjacent pavement. (b) At the end of each working day, if a difference exists between the elevation of the existing pavement and the elevation of any excavation within five feet of the existing traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose; however, once the placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of the existing pavement and tapered at a slope of 4:1 or flatter to the bottom of the excavation. (c) Any person, or the officers or manager of any corporation, violating or failing to comply with any of the provisions of this section, or the agent, representative or employee of such person in active charge or control of such work who may so violate or fail to comply with any of the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished in accordance with section 1-8. (Ord. No. 73; Ord. No. 797; Code 1984, § 13104; Ord. No. 2035, § 2, 6-25-24) Sec. 66-36. Alphabetical mark for designation of person performing work and location of installation.
Before any person is entitled to have a permit issued for doing any of the work upon the streets of the city described in this article, such person shall make application to the city manager or designee to designate for such applicant an alphabetical letter or mark, which shall be used in the manner and for the purposes set forth in this section. The city manager or designee, upon such application being made, shall designate a letter of the alphabet or mark for such person and keep a record thereof. Upon the installation of every service pipe or conduit, or the construction of any lateral or connection from the main to the curbline, the person excavating the public streets for such purposes shall cut into the curb immediately over such service pipe or conduit the letter of the alphabet or mark so designated to him, in a size not less than two inches in length, so as to correctly indicate the location of such service pipe, conduit, lateral or connection and the person placing the pipe, conduit, lateral or connection in position.
(Ord. No. 73; Code 1984, § 13105; Ord. No. 2035, § 2, 6-25-24) Sec. 66-37. Prompt refilling required.
No trench or excavation in the streets of the city shall be allowed or permitted to remain open for a longer time than is necessary to permit the proper construction of the work to be done, and it shall be the duty of the person doing such work to proceed with all diligence to complete the work. It shall be the duty of the city manager or designee to see that all filling, refilling and repairs to the streets are done as soon as possible and without unnecessary delay.
(Code 1984, § 13106; Ord. No. 2035, § 2, 6-25-24)
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Created: 2026-06-01 17:11:27 [EST]
(Supp. No. 69, Update 2)
Sec. 66-38. Depth of pipes and conduits.
All pipelines or conduits upon, along or across the streets of the city shall be laid and constructed according to the following rules. All water pipes shall be laid at such depth that the top of the pipes shall not be less than 30 inches below the established grade of the street, and all gas pipes shall be laid at such depth that the top of the pipe shall not be less than two feet below the established grade of the street. All conduits for other purposes than conducting or conveying of water or gas shall be laid in accordance with such rules and regulations as may be prescribed by the city council.
(Ord. No. 73; Code 1984, § 13107; Ord. No. 2035, § 2, 6-25-24) Sec. 66-39. Barriers and lights generally.
Every person who may be engaged in any work upon the streets of the city provided for in this article shall suitably protect all excavations made by him on or in any of such streets by such barriers or notices, or both, during such time, as may be required by the city manager or designee, and shall conspicuously display lighted lanterns or such other means of illumination as may be specified by the city manager or designee, which shall show a plainly visible red light during the nighttime along both sides of the excavation, or around the excavation if the excavation is approximately square or round. Such lanterns or lights shall be of such size and number as the city manager or designee may specify, but in any event sufficient to clearly illuminate and protect such excavation throughout its entire length, or to clearly indicate the size and shape thereof if such excavation is approximately square or round. Such lanterns shall be kept clean and filled and in first class repair, and they shall be lighted and kept lighted so as to protect the public from such excavation during the period between one hour after sunset and one hour before sunrise, and the holder of the permit shall see that they do so burn and be responsible therefor. (Ord. No. 73; Code 1984, § 13108; Ord. No. 2035, § 2, 6-25-24) Sec. 66-40. Placement of material and tools; lights to be placed on materials and tools at night.
Any person who may be engaged in excavating upon the streets of the city as provided in this article, or who may be engaged in the construction or repair of any street, including sidewalks, curbs, gutters and culverts, shall deposit or cause to be deposited all sand, gravel, rock, tools, implements, forms or other materials necessary and incidental to such work along such streets in such manner as to cause the least possible obstruction to the free use thereof and travel thereon, and shall, during the period between one hour after sunset and one hour before sunrise, cause to be conspicuously displayed upon each pile, heap or aggregation of such material a lantern or other means of illumination acceptable to the city manager or designee, showing a plainly visible red light. (Code 1984, § 13109; Ord. No. 2035, § 2, 6-25-24)
Sec. 66-41. Removal of materials on completion of work.
Any person who may be engaged in any work, improvement or repair upon or along any of the streets of the city as provided in this article shall, immediately upon the completion of such work, with all diligence, proceed to remove from the street all residue or material of any kind that may remain after the completion of the work or improvement, together with all tools, implements, lumber, forms or other material which may have been used in or about such work or improvement.
(Ord. No. 73; Code 1984, § 13110; Ord. No. 2035, § 2, 6-25-24)
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Created: 2026-06-01 17:11:27 [EST]
(Supp. No. 69, Update 2)
Sec. 66-42. Moratorium.
(a) It shall be unlawful for any person to excavate, cut, or open the pavement surface of any street within five years after acceptance of the street construction work by the city engineer, with the exception of seal coated or micro-surfaced streets, which shall be for a period of three years after acceptance of the work by the city engineer. This moratorium on street excavations shall not apply if the city manager or designee grants a street excavation permit for any of the following reasons. (1) Excavation work that is mandated by city, county, state or federal legislation or that is required as a condition of approval to a city issued development permit; (2) Utility service for development where no other reasonable means of providing service exists, as determined by the city engineer;
(3) For a prospect hole to verify utility depth or location; (4) Excavations which are essential components of a regional project which will provide a substantial public benefit as determined by the city council;
(5) Written requests for state/federal mandated pipeline integrity inspections; or (6) Other situations where the city manager or designee finds that the excavation is necessary for the public health, safety, or welfare.
(b) In the event of an emergency which endangers life or property, or for an emergency repair or modification which is necessary to prevent interruption of life essential utility services, excavation work may occur without first obtaining a permit; however, written application for a permit shall be provided the following business day.
(c) If a permit is granted by the city manager or designee for emergency excavation work as hereinabove described is performed, the following conditions shall apply:
(1) All restoration and repair work shall be performed in accordance with the most current trench, backfill, and pavement replacement detail standards in effect and as approved by the city engineer. (2) Provide a written pavement life performance warranty in a form acceptable to the city, unless one is already provided through a franchise agreement with the city. The warranty shall provide that in the event that subsurface material or pavement over or within the trench influence area becomes depressed, broken, or otherwise fails at any time after the excavation (or joint operation excavation) has been completed, that person shall repair or reconstruct the subsurface and pavement to a condition to the satisfaction of the city engineer; and (3) The person requesting the excavation permit or responsible for emergency excavation work shall submit an application for an excavation permit, pay all required fees, and comply with the provisions of this article.
(d) The moratorium on excavations shall apply in any area where the street pavement construction was completed five years prior to the effective date of the ordinance codified in this section. (Ord. No. 2035, § 2, 6-25-24)
Secs. 66-43—66-60. Reserved.
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City of Hemet
City Council Meeting
STAFF REPORT
Meeting: City Council Meeting - Jul 14 2026
Department: Administration
Submitted by: Noah Rau, Interim City Manager
Steven Graham, City Attorney;
☐ Receive and File ☐ Consent Calendar ☒ Business Item ☐ Public Hearing TITLE:
A Resolution Submitting to the Voters a Proposed Supplemental General Transactions and Use Tax Measure for the November 3, 2026 General Municipal Election RECOMMENDED ACTION:
It is respectfully recommended that the City Council:
1. Adopt the following Resolution:
RESOLUTION NO. 2026-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HEMET, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED VOTERS OF THE
CITY OF HEMET OF A MEASURE TO ADOPT A SUPPLEMENTAL GENERAL TRANSACTIONS AND USE TAX ORDINANCE ADDING ARTICLE VII TO CHAPTER 74 OF THE HEMET MUNICIPAL CODE; REQUESTING CONSOLIDATION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026; REQUESTING THAT THE RIVERSIDE
COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE ELECTION AND THAT THE RIVERSIDE COUNTY REGISTRAR OF VOTERS CONDUCT THE ELECTION; AND AUTHORIZING RELATED ELECTION ACTIONS; and
2. Authorize the City Manager, City Clerk, and City Attorney, and their respective designees, to make non-substantive, technical, formatting, or administrative changes required by the Riverside County Registrar of Voters, the California Department of Tax and Fee Administration, or applicable law, provided such changes do not alter the substantive meaning or effect of the measure.
EXECUTIVE SUMMARY:
The City Council is being asked to determine whether to submit a proposed supplemental general transactions and use tax measure to Hemet voters at the November 3, 2026 General Municipal Election.
If approved by a majority of Hemet voters, the measure would add Article VII to Chapter 74 of the Hemet Municipal Code and establish a separate 1.0% supplemental transactions and use tax. The
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tax would be administered by the California Department of Tax and Fee Administration. The proceeds would be deposited into the City’s General Fund and would be available for any lawful municipal purpose.
Adoption of the Resolution by at least four-fifths of the City Council does not itself impose the tax.
Rather, adoption of the Resolution places the measure before the voters. If the measure is approved by a majority of voters voting on the measure, the ordinance would be adopted by the people of the City of Hemet, and the tax would become operative in accordance with the Transactions and Use Tax Law and the ordinance.
BACKGROUND/ANALYSIS:
The City of Hemet provides a broad range of municipal services, including police protection, fire protection and emergency medical response, code enforcement, street and roadway maintenance, parks and recreation, homelessness response, economic development, planning and building services, and other general governmental services.
The cost of providing these services has continued to increase due to inflationary pressures, infrastructure needs, personnel costs, service demands, and the uncertainty of state and federal fund for local needs. Locally generated general fund revenue allows the City to respond to local priorities and service needs without relying solely on state, federal, or other outside funding sources that may be restricted, delayed, reduced, or unavailable.
The City currently has an existing one percent transactions and use tax, originally approved by the voters as Measure U in 2016 and subsequently continued by the voters as Measure H. The proposed ordinance before the Council is not drafted as an amendment, extension, increase, or continuation of Measure U or Measure H. Instead, it would create a separate Article VII in Chapter 74 of the Hemet Municipal Code for a separate supplemental general transactions and use tax.
DISCUSSION:
The proposed measure would add Article VII, “Supplemental Transactions and Use Tax,” to Chapter 74 of the Hemet Municipal Code. The ordinance would impose a 1.0% transactions tax on the gross receipts of retailers from the sale of tangible personal property sold at retail in the City, and a corresponding 1.0% use tax on the storage, use, or other consumption in the City of tangible personal property purchased from a retailer.
The proposed tax would be administered by the California Department of Tax and Fee Administration in the same general manner as other state-administered transactions and use taxes. The ordinance includes the standard provisions required for CDTFA administration, including operative date, contract with the State, transactions tax rate, place of sale, use tax rate, adoption of state sales and use tax provisions, exemptions and exclusions, amendments, enforcement limitations, severability, effective date, and termination provisions. The ordinance provides that the tax would continue until ended by the voters.
The Resolution would submit the measure to the qualified voters of the City of Hemet at the November 3, 2026 General Municipal Election and request consolidation with the statewide general election to be held on the same date. Under Revenue and Taxation Code section 7285.9, the ordinance proposing the tax must be approved by a two-thirds vote of all members of the City Council
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before being submitted to the voters. For a five-member City Council, this requires at least four affirmative votes.
If placed on the ballot, the measure would be approved if it receives a majority of the votes cast by the qualified voters of the City voting on the measure. Elections Code section 10403 requires the City to file the consolidation resolution with the Riverside County Board of Supervisors, with a copy to the Riverside County Registrar of Voters, at least 88 days before the election. For the November 3, 2026 election, the 88-day deadline is August 7, 2026.
The Resolution also directs the City Attorney to prepare the impartial analysis, authorizes the filing of ballot arguments and rebuttal arguments, authorizes public examination of election materials, and directs the City Clerk to provide all notices required by law.
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:
If the Resolution is adopted and the Measure is approved by a majority of voters voting on the measure, the proposed ordinance would establish a separate 1.0% supplemental transactions and use tax administered by the California Department of Tax and Fee Administration. The proposed tax would be deposited into the City’s General Fund and may be used for any lawful municipal purpose.
The authority to levy the tax would continue until ended by a majority vote of City voters at a general municipal election.
The proposed measure is estimated to generate approximately $16.3 million annually for the City’s General Fund. Actual revenues will vary based on taxable sales, economic conditions, consumer activity, statutory exemptions, CDTFA allocations, and administrative adjustments.
The City will be responsible for its share of Riverside County’s costs to consolidate and conduct the election on the measure. The current estimated election cost is approximately $165,000, which is currently appropriated in the Fiscal Year 2026-27 Budget. The Resolution authorizes reimbursement of Riverside County for the City’s share of election costs upon presentation of a properly submitted invoice.
ALTERNATIVE(S):
The City Council may consider the following alternatives:
1. Adopt the Resolution as presented.
2. Modify the proposed Resolution or Measure.
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3. Decline to submit the measure to the voters.
ATTACHMENT(S):
Attachment No. 1 - HMT - Supp Tax Measure Resolution
Attachment No. 2 - HMT - Supp Tax Measure Ordinance
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CITY OF HEMET RESOLUTION NO. 2026-129 1
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CITY OF HEMET
HEMET, CALIFORNIA
RESOLUTION NO. 2026-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HEMET, CALIFORNIA, ORDERING THE SUBMISSION
TO THE QUALIFIED VOTERS OF THE CITY OF HEMET
OF A MEASURE TO ADOPT A SUPPLEMENTAL
GENERAL TRANSACTIONS AND USE TAX ORDINANCE
ADDING ARTICLE VII TO CHAPTER 74 OF THE HEMET
MUNICIPAL CODE; REQUESTING CONSOLIDATION
WITH THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 3, 2026; REQUESTING THAT THE
RIVERSIDE COUNTY BOARD OF SUPERVISORS
CONSOLIDATE THE ELECTION AND THAT THE
RIVERSIDE COUNTY REGISTRAR OF VOTERS
CONDUCT THE ELECTION; AND AUTHORIZING
RELATED ELECTION ACTIONS
WHEREAS, the City of Hemet provides essential municipal services to residents, businesses, property owners, and visitors, including police protection, fire protection and emergency medical response, code enforcement, street and roadway maintenance, parks and recreation, homelessness response, economic development, planning and building services, and other general governmental services; and WHEREAS, the City of Hemet is one of the few cities in the County with its own Police and Fire Departments guaranteeing our police and firefighters are available when needed and not diverted to service other areas; and
WHEREAS, approximately 40% of the City’s streets have been rated by independent engineers as being between fair to very poor and if these repairs are not addressed soon, they will become more expensive to repair in the future; and
18.B.
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WHEREAS, the cost of providing municipal services, maintaining public infrastructure, responding to community needs, recruiting and retaining qualified personnel, and addressing deferred maintenance and service demands has continued to increase; and
WHEREAS, in order for the City to maintain 911 response times, repair streets, maintain fire and paramedic services, address homelessness, and keep public areas and parks safe and clean it is critically important that the City have a new, long-term source of funding for its general fund to prevent cuts to services; and WHEREAS, locally generated revenue allows the City to maintain local control over local priorities and to respond to the needs of the Hemet community without relying solely on state, federal, or other outside funding sources that may be restricted, delayed, reduced, or unavailable; and
WHEREAS, Revenue and Taxation Code section 7285.9 authorizes the governing body of a city to levy, increase, or extend a transactions and use tax for general purposes at a rate of 0.125 percent or a multiple thereof, provided that the ordinance proposing the tax is approved by a two-thirds vote of all members of the governing body and the tax is approved by a majority vote of the qualified voters of the city voting on the measure; and
WHEREAS, Government Code section 53724 requires that a general tax be proposed by ordinance or resolution of the legislative body, specify the type and rate of the tax to be levied, the method of collection, and the date of the election, and be approved by a two-thirds vote of all members of the legislative body before the tax may be presented to the voters; and
18.B.
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WHEREAS, Government Code section 53723 requires that a general tax be submitted to the electorate and approved by a majority vote of the voters voting on the issue; and
WHEREAS, Elections Code section 9222 authorizes the City Council to submit to the voters a proposition for the enactment of an ordinance at a regular or special city election; and
WHEREAS, the City previously adopted Ordinance No. 1918, approved by the voters as Measure U at the November 8, 2016 election, establishing the existing City of Hemet Transactions and Use Tax Ordinance, and the voters subsequently approved Measure H to continue that existing one percent transactions and use tax until ended by the voters; and
WHEREAS, the City Council desires to submit to the voters a separate supplemental general transactions and use tax ordinance adding Article VII to Chapter 74 of the Hemet Municipal Code, which ordinance would impose an additional one percent transactions and use tax; and
WHEREAS, the proposed supplemental transactions and use tax would be a general tax for general governmental purposes within the meaning of Article XIII C of the California Constitution and Revenue and Taxation Code section 7285.9, and the proceeds would be deposited into the City’s General Fund and available for any lawful municipal purpose; and
WHEREAS, the City Council desires to submit the proposed measure to the qualified voters of the City at the General Municipal Election to be held on November 3,
18.B.
CITY OF HEMET RESOLUTION NO. 2026-129 4
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2026, and to request that the Riverside County Board of Supervisors consolidate the election with the statewide general election to be held on the same date; and WHEREAS, Elections Code section 10403 requires a city requesting consolidation with a statewide election to file a resolution with the Board of Supervisors, with a copy to the elections official, at least 88 days before the election, requesting consolidation and setting forth the exact form of the ballot question to appear on the ballot; and
WHEREAS, the City Council finds that submitting the proposed measure to the voters will allow the Hemet community to determine whether to establish a separate supplemental locally controlled revenue source for general municipal purposes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HEMET DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true and correct and incorporates them into this Resolution by this reference.
Section 2. Approval of Ordinance for Submission to Voters. Pursuant to Elections Code section 9222, Government Code sections 53723 and 53724, Revenue and Taxation Code section 7285.9, and all other applicable law, the City Council hereby approves for submission to the qualified voters of the City of Hemet the proposed ordinance attached hereto as Exhibit A and incorporated herein by this reference, entitled:
18.B.
CITY OF HEMET RESOLUTION NO. 2026-129 5
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“AN ORDINANCE OF THE PEOPLE OF THE CITY OF HEMET, CALIFORNIA,
ADDING ARTICLE VII (SUPPLEMENTAL TRANSACTIONS AND USE TAX) TO CHAPTER 74 (TAXATION) IMPOSING AN ADDITIONAL 1% TRANSACTIONS AND
USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION.”
Section 3. Election Called. The City Council hereby calls and orders that the measure identified in this Resolution be submitted to the qualified voters of the City of Hemet at the General Municipal Election to be held on Tuesday, November 3, 2026.
Section 4. Ballot Question. The exact form of the ballot question to be printed on the ballot shall be as follows, subject only to such non-substantive formatting, spacing, or lettering changes as may be required by the Riverside County Registrar of Voters:
Hemet Public Safety, Essential City Services Measure. Shall a YES measure funding general city services such as 9-1-1 emergency response, public safety; reducing drug-related crime; keeping public areas safe/clean; addressing homelessness; reducing wildfire risks; providing safe, clean drinking water; repairing streets/potholes; maintaining library services; attracting/retaining businesses, by establishing a 1¢ sales tax providing approximately $16,000,000 annually until ended by voters, subject to oversight, public spending disclosure, all funds controlled locally, be adopted?
NO
18.B.
CITY OF HEMET RESOLUTION NO. 2026-129 6
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Section 5. Full Text of Measure. The full text of the measure to be submitted to the voters is attached as Exhibit A. The City Clerk is authorized and directed to maintain a copy of the full text of the measure and the proposed ordinance in the City Clerk’s office and to make the same available for public inspection in the manner required by law.
Section 6. Majority Vote Required. The measure shall be approved if it receives a majority of the votes cast by the qualified voters of the City of Hemet voting on the measure.
Section 7. Two-Thirds Council Approval. This Resolution, including the ordinance proposing the tax, is adopted by an affirmative vote of not less than two-thirds of all members of the City Council.
Section 8. Request for Consolidation. Pursuant to Elections Code section 10403, the City Council hereby requests that the Riverside County Board of Supervisors consolidate the election on this measure with the statewide general election to be held on November 3, 2026, and that the consolidated election be held and conducted in the manner prescribed by law.
Section 9. Election Services. The City Council hereby requests that the Riverside County Registrar of Voters conduct all proceedings necessary for the election, including but not limited to printing and mailing voter information materials, preparing and printing ballots, procuring and furnishing vote centers, canvassing the returns, and all other acts necessary to conduct the election.
18.B.
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Section 10. Canvass of Returns. The Riverside County Registrar of Voters is authorized and requested to canvass the returns of the election and certify the results to the City Council. The City Council shall thereafter receive and declare the results of the election in the manner required by law.
Section 11. Reimbursement of Election Costs. The City of Hemet shall reimburse Riverside County for the City’s share of the costs of consolidating and conducting the election on the measure upon presentation of a properly submitted invoice.
Section 12. Filing with County. The City Clerk is authorized and directed to file this Resolution, including the exact form of the ballot question and the full text of the proposed ordinance, with the Riverside County Board of Supervisors and the Riverside County Registrar of Voters in the time and manner required by law.
Section 13. Impartial Analysis. Pursuant to Elections Code section 9280, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney is hereby directed to prepare an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure on existing law and the operation of the measure. The impartial analysis shall be filed by the deadline established by the City Clerk or the Riverside County Registrar of Voters.
Section 14. Ballot Arguments. Pursuant to Elections Code section 9282, the City Council authorizes the filing of written arguments for or against the measure in the manner provided by law. The City Council hereby authorizes the Mayor and such other eligible signers as the Mayor may designate, subject to applicable word limits and filing
18.B.
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deadlines. The City Clerk shall set the time and date by which arguments must be submitted.
Section 15. Rebuttal Arguments. Pursuant to Elections Code section 9285, rebuttal arguments shall be permitted for the measure. Rebuttal arguments shall be filed in the manner, form, and time required by law and by the deadlines established by the City Clerk.
Section 16. Public Examination. The City Clerk is authorized and directed to make the measure materials, including the full text of the measure, the impartial analysis, arguments, and rebuttal arguments, available for public examination in the time and manner required by Elections Code section 9295 and other applicable law.
Section 17. Notices. The City Clerk is authorized and directed to give notice of the election and the measure, including notice of the time and place of holding the election, notice of argument and rebuttal deadlines, notice of public examination periods, and any other notices required by law.
Section 18. Ballot Letter and Non-Substantive Changes. The measure shall be designated by the letter assigned by the Riverside County Registrar of Voters. The City Manager, City Clerk, and City Attorney, and their respective designees, are authorized to make any non-substantive, technical, or formatting changes to the ballot question, measure text, or election materials that may be required by the Riverside County Registrar of Voters, the California Department of Tax and Fee Administration, or applicable law, provided that such changes do not alter the substantive meaning or effect of the measure.
18.B.
CITY OF HEMET RESOLUTION NO. 2026-129 9
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Section 19. CEQA. The City Council finds that adoption of this Resolution and submission of the measure to the voters is not a “project” under the California Environmental Quality Act because it submits a funding measure to the voters and does not approve any specific project, authorize any construction, or commit the City to any particular course of action that may result in a direct or reasonably foreseeable indirect physical change in the environment. The City Council further finds that, even if the action were considered a project, it would be exempt from CEQA because it can be seen with certainty that submitting the measure to the voters will not have a significant effect on the environment.
Section 20. Severability. If any provision of this Resolution or its application to any person or circumstance is held invalid, the remaining provisions and applications shall remain in full force and effect to the maximum extent permitted by law.
Section 21. Effective Date. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED this 14tg day of July, 2026. ______________________________
Linda Krupa, Mayor
ATTEST:
______________________________
18.B.
CITY OF HEMET RESOLUTION NO. 2026-129 10
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Rosalia A. Butler, MMC
City Clerk
APPROVED AS TO FORM:
______________________________
Steven Pacifico
City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF HEMET )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing Resolution No. 2026-129 was duly adopted by the City Council of the City of Hemet at a regular/special meeting thereof held on the 14th day of July, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
18.B.
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______________________________
Rosalia A. Butler, MMC
City Clerk
EXHIBIT A
FULL TEXT OF MEASURE
18.B.
CITY OF HEMET ORDINANCE NO. ____ 1
CITY OF HEMET
HEMET, CALIFORNIA
ORDINANCE NO. ____
AN ORDINANCE OF THE PEOPLE OF THE CITY OF HEMET,
CALIFORNIA, ADDING ARTICLE VII (SUPPLEMENTAL
TRANSACTIONS AND USE TAX) TO CHAPTER 74 (TAXATION)
IMPOSING AN ADDITIONAL 1% TRANSACTIONS AND USE TAX TO
BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
WHEREAS, the City of Hemet provides essential municipal services to residents, businesses, property owners, and visitors, including police protection, fire protection and emergency medical response, code enforcement, street and roadway maintenance, parks and recreation, homelessness response, economic development, planning and building services, and other general governmental services; and WHEREAS, the cost of providing municipal services, maintaining public infrastructure, responding to community needs, recruiting and retaining qualified personnel, and addressing deferred maintenance and service demands has continued to increase; and WHEREAS, locally generated revenue allows the City to maintain local control over local priorities and to respond to the needs of the Hemet community without relying solely on state, federal, or other outside funding sources that may be restricted, delayed, reduced, or unavailable; and
WHEREAS, Revenue and Taxation Code section 7285.9 authorizes the governing body of a city to levy, increase, or extend a transactions and use tax for general purposes, at a rate of 0.125 percent or a multiple thereof, if the ordinance proposing the tax is approved by a two-thirds vote of all members of the governing body and the tax is approved by a majority vote of the qualified voters of the city voting on the measure; and
WHEREAS, Revenue and Taxation Code section 7285.9 further authorizes the governing body of a city to levy, increase, or extend more than one transactions and use tax under that section, provided that each such tax is adopted in the manner prescribed by that section and conforms to the Transactions and Use Tax Law, Part 1.6 of Division 2 of the Revenue and Taxation Code; and
WHEREAS, this Ordinance is proposed as a general tax for general governmental purposes within the meaning of Article XIII C of the California Constitution and
18.B.
CITY OF HEMET ORDINANCE NO. ____ 1
Revenue and Taxation Code section 7285.9, and the proceeds of the tax imposed by this Ordinance shall be deposited into the City’s General Fund and may be used for any lawful municipal purpose; and
WHEREAS, the City previously adopted Ordinance No. 1918, approved by the voters as Measure U at the November 8, 2016 election, establishing the existing City of Hemet Transactions and Use Tax Ordinance, and the voters subsequently approved Measure H to continue that existing one percent transactions and use tax until ended by the voters; and
WHEREAS, the tax imposed by this Ordinance is a separate supplemental general transactions and use tax, adopted under a separate Article VII of Chapter 74 of the Hemet Municipal Code, and is not an amendment, extension, increase, reenactment, or continuation of the transactions and use tax approved by Measure U, continued by Measure H, or codified in Article V of Chapter 74 of the Hemet Municipal Code; and WHEREAS, the proceeds of the tax imposed by this Ordinance may be used for any lawful general municipal purpose and the City will remain accountable for the receipt and expenditure of such proceeds through the City’s budget process, public financial reporting, and independent annual audits; and
WHEREAS, the tax imposed by this Ordinance shall be administered by the California Department of Tax and Fee Administration in accordance with the Transactions and Use Tax Law, thereby minimizing the cost of collection and the burden of administration on retailers, consumers, and the City; and WHEREAS, pursuant to Elections Code section 9222, Government Code section 53724, and Revenue and Taxation Code section 7285.9, the City Council has authority to submit this Ordinance to the qualified voters of the City for approval; and WHEREAS, the People of the City of Hemet desire to adopt this Ordinance to establish a separate supplemental general transactions and use tax for general municipal purposes, to continue until ended by the voters as provided herein.
NOW THEREFORE, THE PEOPLE OF THE CITY OF HEMET DO HEREBY ORDAIN AS FOLLOWS:
Section 1. The Hemet Municipal Code is hereby amended to add Article VII to Chapter 74 to read as follows:
ARTICLE VII
SUPPLEMENTAL TRANSACTIONS AND USE TAX
74-200. TITLE. This ordinance shall be known as the Supplemental City of Hemet Transactions and Use Tax Ordinance. The City of Hemet hereinafter shall be
18.B.
CITY OF HEMET ORDINANCE NO. ____ 1
called "City." This ordinance shall be applicable in the incorporated territory of the City.
74-201. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance. For purposes of Revenue and Taxation Code section 7265, this ordinance shall be considered adopted on the date of the election in which it is approved by the qualified voters of the City.
74-202. PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
74-203. SEPARATE GENERAL TAX. The tax imposed by this ordinance is a separate supplemental general transactions and use tax from the transactions and use tax approved by Measure U, continued by Measure H, and codified in Article V of Chapter 74 of the Hemet Municipal Code. Revenues collected pursuant to this
18.B.
CITY OF HEMET ORDINANCE NO. ____ 1
ordinance shall be deposited in the City’s General Fund and may be used for any lawful general municipal purpose.
74-204. CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 74-205. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1.0%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. 74-206. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
74-207. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of one percent (1.0%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 74-208. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
74-209. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
18.B.
CITY OF HEMET ORDINANCE NO. ____ 1
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
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74-210. PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 74-211. EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
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4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of
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business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code.
That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 74-212. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 74-213. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
74-214. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
74-215. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately. 74-216. TERMINATION DATE. The authority to levy the tax imposed by this ordinance shall continue until ended by an affirmative vote of not less than a majority of the voters of the city at a general municipal election.
PASSED, APPROVED AND ADOPTED by the voters this November 3, 2026.
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___________________________
Linda Krupa, Mayor
APPROVED AS TO FORM: ATTEST:
________________________ __________________________
Steven Graham Pacifico, City Attorney Rosalia A. Butler, MMC, City Clerk
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State of California )
County of Riverside )
City of Hemet )
I, Rosalia A. Butler, MMC, City Clerk of the City of Hemet, do hereby certify that the foregoing ordinance was adopted by the voters of the City of Hemet at the general municipal election held on November 3, 2026 and was passed by the following vote:
YES:
NO:
_____________________________
Rosalia A. Butler, MMC, City Clerk
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