CITY OF WILDOMAR CITY COUNCIL
AND WILDOMAR CEMETERY DISTRICT AGENDA
JANUARY 12, 2022
6:00 P.M. – REGULAR SESSION
Pursuant to Assembly Bill 361, this meeting of the Wildomar City Council will be held through a hybrid format of in-person attendance at the Wildomar City Council Chambers located at
23873 Clinton Keith Road Ste 106
Wildomar, CA 92595
and/or virtual attendance via videoconferencing:
Join Zoom Meeting: https://us02web.zoom.us/j/84801699357 OR
Dial in: 1 (669) 900 6833 | Webinar ID: 848 0169 9357
Given health and safety concerns, in person seating availability may be limited, and the meeting format may be changed to full remote via videoconferencing.
Please refer to the City’s website for information regarding the format of the meeting, updates if the meeting is changed to a full remote via videoconferencing format, and details on how to participate: www.cityofwildomar.org
Ben J. Benoit, Mayor/Chair, District 1
Joseph Morabito, Mayor Pro Tem/Vice Chair, District 3
Bridgette Moore, Council Member/Trustee, District 4
Dustin Nigg, Council Member/Trustee, District 2
Marsha Swanson, Council Member/Trustee, District 5
Gary Nordquist Thomas D. Jex
City Manager /General Manager City Attorney/District Counsel
The City of Wildomar encourages your
participation in the meeting; however, to
minimize the spread of the COVID -19
virus, this meeting is being conducted in
person and via video and
teleconferencing with the following
options available for the public to
participate:
1. You may view the Regular Session
meeting live on the City of Wildomar’s
website at http://www.cityofwildomar.org or
on cable TV through Frontier Channel 36 or
AT&T channel 99. To view from the website,
select the live stream link on the top of the
front page.
2. You may participate via the ZOOM
Webinar Telephone and Videoconferencing.
3. You may participate in person; however,
masks are recommended for all individuals ,
and seating may be limited as the City is still
participating in the 6 -foot social distancing
seating procedure.
Instructions for Electronic Participation
Please Note: During the meeting all
participants videos will be turned off
during the entire meeting and you will be
placed on Mute by the host. You will not
be able to mute or unmute your lines
manually. The host will unmute your line
when you are called to speak.
1. Log in or call into ZOOM via
desktop/laptop, smartphone or telephone.
You must download the ZOOM app to access
the link from an Apple smartphone or IPAD.
2. During Public Comment not on the agenda
and after each Agenda Item, the Mayor will
announce Public Comment. If you would like
to speak, please raise your hand virtually to
be placed in the queue.
3. When your name or the last 3 digits of your
phone number are called, the host will
unmute you. Public Comments will be limited
to 3 minutes or such other time as the Council
may provide.
Directions to virt ually raise hand on a
DESKTOP/LAPTOP:
• At the bottom of the list, please click on the
grey “Raise Hand” button.
Directions to virtually raise hand on a
SMARTPHONE:
• Look for the “Raise Hand” button on the
screen and click the button.
Directions to virtually raise hand on a
TELEPHONE line only:
• Dial *9 on your keypad to signal that you
would like to comment. When the Host
unmutes you, Dial *6 to unmute.
Instructions for In Person Participation
During Public Comment not on the agenda
and after each Agenda Item, the Chair will
announce Public Comment. If you would like
to speak on that item, please fill out a speaker
slip and submit it in the inbox at the front of
the room.
When the City Clerk announces your name,
please come up to the podium. Public
Comments are limited to 3 minutes or such
other time as the Council may provide.
In compliance with the Americans with
Disabilities Act, if you need special
assistance to participate in this meeting, you
should contact the City Clerk’s Office at 951-
677-7751 x210.
The City of Wildomar thanks you in advance
for taking all precautions to prevent
spreading the COVID 19 virus.
NOTICE: City Council meetings may be
live-streamed, photographed an d/or
videotaped. Participation at the meeting
constitutes consent by members of the
public to the City’s and any third party’s
use in any media, without compensation
or further notice, of audio, video, and/or
pictures of meeting attendees.
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
SPECIAL ORDER OF BUSINESS
Dustin Nigg, 2020 and 2021 Mayor, passes the gavel to Ben J. Benoit, 2022 Mayor.
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
ROLL CALL
FLAG SALUTE
3.0 GENERAL BUSINESS
3.1 Consideration of a Resolution authorizing the teleconferencing option for City Council, Commission and Committee meetings pursuant to Assembly Bill No. 361
RECOMMENDATION: Staff recommends that the City Council adopt a Resolution entitled:
RESOLUTION NO. 2022 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA AUTHORIZING THE NEED FOR TELECONFERENCING
OPTION FOR CITY COUNCIL, COMMISSION AND COMMITTEE
MEETINGS PURSUANT TO ASSEMBLY BILL 361 AND MAKING
FINDINGS AND DETERMINATIONS REGARDING THE SAME
2.0 PUBLIC HEARINGS
2.1 Third Public Hearing to Receive Input from the Community Regarding the Redrawing of Election District Boundaries
RECOMMENDATION: Staff recommends that the City Council review the demographer's preliminary analysis; review the public mapping tool and invite the community to submit maps; review maps prepared utilizing the discussed criteria; and conduct a public hearing to receive public input on communities of interest and potential district boundaries.
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
PRESENTATIONS
1. Acknowledgement to 2020 and 2021 Mayor, Dustin Nigg
2. Manufactured Housing Education Trust (MHET) Charity Donation to Wildomar Community and Parks Foundation and Friends of the Wildomar Library
3. Other City Recognitions/ Presentations
DEPARTMENT REPORTS
1. Police Department Update
2. Fire Department Update
3. Wildomar Library Update
4. Bundy Canyon Road Update
5. Code Enforcement Department Update
6. Other Department Reports
PUBLIC COMMENTS
This is the time when the Council receives general public comments regarding any items or matters within the jurisdiction that do not appear on the agenda.
COUNCIL COMMUNICATIONS
1. Community events
2. Regional events
3. Chamber of Commerce
4. Riverside Transit Agency (RTA)
5. Riverside Conservation Authority (RCA)
6. Riverside County Transportation Commission (RCTC)
7. League of California Cities
8. Southern California Association of Governments (SCAG)
9. Riverside County Habitat Conservation Agency (RCHCA)
10. Western Riverside Council of Governments (WRCOG)
11. South Coast Air Quality Management District (SCAQMD)
12. Southwest Community Financing Authority (Animal Shelter)
13. Western Community Energy (WCE)
14. Ad Hoc & Subcommittees
APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented , or, if it is the desire of the City Council, the agenda can be reordered , added to, or have items tabled at this time.
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
1.0 CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Council, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.
1.1 Reading of Ordinances
RECOMMENDATION: Staff recommends that the City Council approve the reading by title only of all ordinances on this agenda.
1.2 Minutes- November 10, 2021 Regular Meeting
RECOMMENDATION: Staff recommends that the City Council approve the minutes as presented.
1.3 Warrant and Payroll Registers
RECOMMENDATION: Staff recommends that the City Council approve the following:
1. Warrant Register dated 12-02-2021 in the amount of $472,876.67.
2. Warrant Register dated 12-09-2021 in the amount of $462,041.94.
3. Warrant Register dated 12-16-2021 in the amount of $94,857.71.
4. Warrant Register dated 12-22-2021 in the amount of $1,642,202.86.
5. Wire Transfer Register dated 12-31-2021 in the amount of $52,381.59.
6. Payroll Register dated 01-01-2022 in the amount of $177,123.94.
1.4 Treasurer’s Report
RECOMMENDATION: Staff recommends that the City Council approve the Treasurer’s Report for November 2021.
1.5 2nd Reading of Ordinance No. 209 – Monte Vista Ranch Townhome Project
RECOMMENDATION: The Planning Commission recommends that the City Council adopt the following Ordinances entitled:
ORDINANCE NO. 209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 21-
0045 TO CHANGE THE EXISTING ZONING DESIGNATION FROM C-O (COMMERCIAL OFFICE) TO R-3 (GENERAL RESIDENTIAL) FOR A
7.93-ACRE SITE LOCATED ON NORTHEAST CORNER OF MONTE
VISTA DRIVE AND SUMMER SAGE WAY (APN: 367-502-002, 367-502- 003, 367-502-004)
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
1.6 Horizons by Lennar Homes, Tentative Tract Map 36672 Rough Grading Agreement
RECOMMENDATION: Staff recommends the City Council authorize the City Manager to execute the Rough Grading Agreement with Lennar Homes of California, Inc.
1.7 Professional Services Agreement for Kosmont Companies to conduct a Hotel Market Analysis in Wildomar
RECOMMENDATION: Staff recommends that the City Council approve the attached Agreement for Services with the Kosmont Companies to prepare a Hotel Market Analysis.
1.8 City of Wildomar Recovered Organic Waste Product Procurement Policy
RECOMMENDATION: Staff recommends the City Council adopt the Recovered Organic Waste Product Procurement Policy in accordance with California Senate Bill (SB) 1383
1.9 Summerhill 2 KB Homes, Tentative Tract Map 37476 Subdivision Improvement Agreement and Offsite Public Improvement Agreement RECOMMENDATION: Staff recommends the City Council authorize the City Manager to execute the Subdivision Improvement Agreement and the Offsite Public Improvement Agreement with KB Home Coastal Inc.
1.10 Villa Sienna Apartment Project (PP 13 -0089): Onsite Public Improvement Agreement and Offsite Public Improvement Agreement RECOMMENDATION: Staff recommends the City Council au thorize the City Manager to execute the Onsite Public Improvement Agreement and Offsite Public Improvement Agreement with Villa Sienna Property, LLC.
2.0 PUBLIC HEARINGS
2.2 Change of Zone No. 2021 -01 (Zoning Consistency Program): City Council review of Change of Zone No. 2021-01 to change the existing zoning designations for 259 parcels in accordance with Government Code Section 65860
RECOMMENDATION: The Planning Commission recommends the
City Council take the following actions:
1. Adopt a Resolution entitled:
RESOLUTION NO. 2022 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
2.3 2.4
CALIFORNIA, ADOPTING AN ADDENDUM TO THE 2003 GENERAL
PLAN PROJECT ENVIRONMENTAL IMPACT REPORT (SCH#
2002051143) IN ACCORDANCE WITH SECTION 15164 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
FOR THE CITY’S ZONING CONSISTENCY PROGRAM (CHANGE OF
ZONE NO. 2021-01)
2. Introduce for first reading an Ordinance entitled:
ORDINANCE NO ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA APPROVING CHANGE OF ZONE NO. 2021- 01 (ZONING CONSISTENCY PROGRAM) TO CHANGE THE EXISTING
ZONING DESIGNATION FOR 259 PROPERTIES TO MATCH THEIR
EXISTING GENERAL PLAN LAND USE DESIGNATIONS IN
ACCORDANCE WITH GOVERNMENT CODE 65860
Zoning Ordinance Amendment No. 2021-04: City Council consideration of a city-initiated Zoning Ordinance Amendment to modify Sections 17.36, 17.44 & 17.68 of the Wildomar Municipal Code RECOMMENDATION: The Planning Commission recommends the City Council introduce and approve the first reading of an Ordinance entitled:
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, ADOPTING A GENERAL RULE EXEMPTION IN ACCORDANCE WITH SECTION 15061(B)(3) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, AND
APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2021-04 TO
MODIFY SECTION 17.36 (MULTIPLE FAMILY DWELLING ZONE), 17.44 (GENERAL RESIDENTIAL ZONE) AND 17.68 (RESIDENTIAL
INCENTIVE ZONE) OF THE WILDOMAR MUNICIPAL CODE RELATED
TO MULTI-FAMILY DEVELOPMENT STANDARDS
Zoning Ordinance Amendment No. 2021-05: City Council
consideration an amendment to modify Chapter 17.276
(Water Efficient Landscapes) of the Wildomar Municipal
Code
RECOMMENDATION: The Planning Commission
recommends the City Council introduce and approve the first reading of an Ordinance entitled:
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, ADOPTION OF AN EXEMPTION IN
ACCORDANCE WITH SECTIONS 15061(B)(3) AND 15308 OF THE
CEQA GUIDELINES AND APPROVAL OF ZONING ORDINANCE
AMENDMENT NO. 2021-05 TO MODIFY CHAPTER 17.276 (WATER
EFFICIENT LANDSCAPES) OF THE WILDOMAR MUNICIPAL CODE
ESTABLISHING A NEW SUBSECTION TO ADDRESS SB 1383 STATE
REQUIREMENTS
3.0 GENERAL BUSINESS
3.2 COVID-19 Update
RECOMMENDATION: Staff recommends that the City Council receive and file the COVID-19 update and provide direction as desired.
3.3 Legislative Platform
RECOMMENDATION: Staff recommends that the City Council discuss and provide direction on Legislative Matters and direct staff to bring back a Legislative Platform at a future meeting.
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
Title- Councilmember-Anticipated Date
1. Salary and Benefits Survey- Benoit – Mar 2022
2. Litter/illegal Dumping Fees and related signage- Moore – Jan 2022 Feb 2022
3. Update from MSJC College regarding 2014 Bond Funding – Morabito - TBD
4. Flag Policy – Morabito – Mar 2022
5. Letter from City to State Representatives re: changing law of 602 letters- Morabito
6. Zip Code Unity – Benoit - TBD
ADJOURN THE CITY COUNCIL MEETING
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
In ac cordance with Government Code Section 54952.3, I, Janet Morales, City of Wildomar City Clerk, do hereby declare that the Board of Trustees will receive no compensation or stipend for the convening of the following regular meeting of the Wildomar Cemetery District.
Ben J. Benoit, Chair
Joseph Morabito, Vice Chair
Bridgette Moore, Trustee
Dustin Nigg, Trustee
Marsha Swanson, Trustee
Gary Nordquist Thomas D. Jex
General Manager District Counsel
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
ROLL CALL
PUBLIC COMMENTS
BOARD COMMUNICATIONS
APPROVAL OF THE AGENDA AS PRESENTED
The Board of Trustees to approve the agenda as it is herein presented, or if it is the desire of the Board, the agenda can be reordered at this time.
4.0 CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Board, the Public, or Staff request that specific items are removed from the Consent Calendar for separate discussion and/or action.
4.1 Minutes – December 15, 2021 Adjourned Regular Meeting RECOMMENDATION: Staff recommends that the Board of Trustees approve the Minutes as presented.
4.2 Staff recommends that the Board of Trustees
Warrant Register
RECOMMENDATION:
approve the following:
1. Warrant Register dated 12-09-2021 in the amount of $1,315.61.
2. Warrant Register dated 12-16-2021 in the amount of $660.91.
3. Warrant Register dated 12-22-2021 in the amount of $1,109.44.
4.3 Treasurer’s Report
RECOMMENDATION: Staff recommends that the Board of Trustees approve the Treasurer’s Report for November 2021.
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
5.0 PUBLIC HEARINGS
There are no items scheduled.
6.0 GENERAL BUSINESS
There are no items scheduled.
GENERAL MANAGER REPORT
FUTURE AGENDA ITEMS
ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
REPORTS: All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address:
http://www.cityofwildomar.org/government/agendas___minutes. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.
If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C . Sec. 12132), and the federal rules and regulations adopted in implementation thereof.
Any person that requires a disability -related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751, no later than 10:00 a.m. on the day preceding the scheduled meeting.
City of Wildomar
City Council/ Cemetery District Agenda
January 12, 2022
I, Janet Morales, Wildomar City Clerk, do certify that at least 72 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road ; U.S. Post Office, 21392 Palomar Street ; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at www.cityofwildomar.org.
______________________________
Janet Morales, CMC
City Clerk
Dated: January 6, 2022
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #3.1
GENERAL BUSINESS
Meeting Date: January 12, 2022
______________________________________________________________________
TO: Mayor and City Council Members
FROM: Dan York, Assistant City Manager
Thomas D. Jex, City Attorney
SUBJECT: Consideration of a Resolution authorizing the teleconferencing option for City Council, Commission and Committee meetings pursuant to Assembly Bill No. 361
STAFF REPORT
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution entitled:
RESOLUTION NO. 2022 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA AUTHORIZING THE NEED FOR TELECONFERENCING OPTION FOR
CITY COUNCIL, COMMISSION AND COMMITTEE MEETINGS PURSUANT TO ASSEMBLY BILL 361 AND MAKING FINDINGS AND DETERMINATIONS
REGARDING THE SAME
DISCUSSION:
Governor Newsom signed Assembly Bill 361 (AB 361) on September 16, 2021, which amends the Ralph M. Brown Act to provide additional provisions that allow meetings of legislative bodies to be conducted via teleconference. AB 361 went into effect immediately upon the Governor’s signature. AB 361 comes as the provisions of Executive Order No. N -29-20 (as revised by Executive Order No. N -08-21), which modifies the requirem ents for the conduct of meetings via teleconference during the COVID-19 pandemic, expired on September 30, 2021.
AB 361 will allow a local agency legislative body to hold a meeting utilizing teleconferencing without complying with the standard teleconfere ncing requirements if the Governor has proclaimed a State of Emergency and any of the following circumstances:
• State or local officials have imposed or recommended measures to promote social distancing.
• The meeting is being held for the purposes of determi ning, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
• The legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The Governor’s March 4, 2020 Proclamation of Emergency related to the COVID -19 pandemic is still in effect.
If a meeting is held via teleconference under AB 361, the following requirements apply:
• Notice of the meeting must still be given in compliance with the Brown Act, and the notice must include the means by which the public may access the meeting and provide public comment.
• The public must be provided access to the meeting via a call-in option or internet- based service option and allowed to “address the legislative body directly.” The agency does not have to provide an in- person option for the public to attend the meeting.
• The meeting must be conducted “in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body.”
• If there is a disruption to the meeting broadcast or in the ability to take call -in or internet-based public comment, no further action can be taken on agenda items until the issue is resolved.
• The body cannot require comments to be submitted before the start of the meeting.
The public must be allowed to make “real time” public comment. • Reasonable time for public comment must be provided. If the agency provides a timed public c omment period, the public comment period must be left open until the time expires.
Findings must be made every 30 days to continue to conduct teleconference meetings under AB 361. The body must find it has reconsidered the circumstances of the state of emergency and either 1) the emergency continues to impact the ability to meet safely in person, or 2) State or local officials continue to impose or recommend social distancing.
The City has already implemented the above stated requirements for conducting public meetings and is in full compliance with AB 361, thus there will be no change of the currently established procedures.
In addition to the ability to attend public meetings in- person, teleconference accessibility via an internet-based service option (v ia the Zoom Webinars platform) is listed on the published agenda for each meeting. The City monitors attendance via teleconfere nce throughout each public meeting and provides access for public comment opportunities in real time.
ATTACHMENTS:
Resolution
RESOLUTION NO. 2022 - ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA AUTHORIZING THE NEED FOR
TELECONFERENCING OPTION FOR CITY COUNCIL,
COMMISSION AND COMMITTEE MEETINGS PURSUANT
TO ASSEMBLY BILL 361 AND MAKING FINDINGS AND
DETERMINATIONS REGARDING THE SAME
WHEREAS, the City of Wildomar is committed to preserving and nurturing public access and participation in meetings of the City Council; and
WHEREAS, all meetings of the City Council and the City’s boards, commissions and committees (“Legislative Bodies”) are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s Legislative Bodies conduct their business; and
WHEREAS, on March 4, 2020, the Governor of the State of California declared a state of emergency in order to address the COVID -19 pandemic, which currently remains in effect; and
WHEREAS, on March 10, 2020, the Board of Supervisors of the County of Riverside proclaimed the existence of a local emergency for all of Riverside County in response to the outbreak of the COVID-19 in California and in Riverside County; and,
WHEREAS, on March 11, 2020 the World Health Organization (WHO) publicly characterized COVID-19 as a pandemic; and
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; and
WHEREAS, On March 17, 2020, the City Council of the City of Wildomar adopted a Resolution declaring a local state of emergency (“Local Emergency”) which now exists in the City of Wildomar due to COVID-19;
WHEREAS, on March 17, 2020, to allow local government bodies to safely conduct public meetings during the COVID -19 pandemic as well as to ensure public access to governmental meetings, the Governor of the State of California issued Executive Orders N-25-20 and N -29-20, which streamlined notice requirements for teleconference meetings under the Ralph M. Brown Act; and
WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and
WHEREAS, COVID-19 continues to threaten the health and lives of Wildomar residents and state and local health officials continue to recommend or require precautions be taken including, but not limited to, masking, limiting prolonged interior exposure to other individuals, limiting the size of gatherings indoors, and, for those with compromised health conditions or those without vaccines, limiting attendance at functions indoors; and
WHEREAS, state and local officials continue to recommend soc ial distancing to protect the community’s health against the spread of COVID-19; and
WHEREAS, the Omicron variant and other variants continue to emerge and are highly transmissible in indoor settings and COVID -19 cases and hospitalization rates in Riverside County are rapidly rising;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wildomar does hereby resolve, declare, determine, and order as follows:
SECTION 1. The above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council.
SECTION 2. The City continues to follow safety measures in response to COVID -19 as ordered or recommended by the Centers for Disease Control and Prevention, California Department of Public Health, and/or County of Riverside, as applicable. Based upon that guidance, in person attendance indoors at public meetings continues to present a health risk for certain segments of the City’s population, necessitating teleconferencing to allow for meaningful participation options for all City constituents and its elected and appointed officials.
SECTION 3. State and local officials continue to recommend social distancing to protect the community’s health against the spread of COVID-19.
SECTION 4. Pursuant to the findings listed in this Resolution, the City Council and the City’s Legislative Bodies are authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361.
SECTION 5. The City’s Legislative Bodies are hereby authorized to conduct meetings in a format whereby members of the Legislative Body and members of the public may elect to be present in person, utilizing appropriate safety procedures, or participate by teleconferencing technology. Such meetings of the Legis lative Bodies that occur using teleconferencing technology will provide an opportunity for any and all members of the public who wish to address Legislative Bodies to do so, and will otherwise occur in a manner that protects the statutory and constitutional rights of members of the public attending the meeting via teleconferencing. The City’s Legislative Bodies have safety
measures and technology in place to allow in-person and teleconferenced appearances at meetings, which reduces the risks to health and safety because the number of attendees is reduced.
SECTION 6. The City staff will agendize for Council consideration no less than every 30 days consideration of the need to continue with teleconferenced meetings as allowed by AB 361.
SECTION 7. Severability: If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional by a decision of any court of competed jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each and every section, subsection, sentence, clause, or phrase not declare invalid or unconstitutional without regard to whether any portion of this Resolution would be subsequently declared invalid or unconstitutional.
SECTION 8. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 12
th day of January, 2022.
_______________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ ________________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #2.1
PUBLIC HEARING
Meeting Date: January 12, 2022
______________________________________________________________________
TO: Mayor and City Council Members
FROM: Janet Morales, City Clerk
SUBJECT: Third Public Hearing to Receive Input from the Community Regarding the Redrawing of Election District Boundaries
STAFF REPORT
RECOMMENDATION:
Staff recommends that the City Council r eview the demographer's preliminary analysis ; review the public mappi ng tool and invite the community to submit maps; review m aps prepared utilizing the discussed criteria; and conduct a public hearing to receive public input on communities of interest and potential district boundaries.
BACKGROUND
Every ten years, cities with by -district election systems must use new census data to review and, if ne eded, redraw district lines to reflect how local populations have changed. This process, called redistri cting, ensures all districts have nearly equal population. The redistricting process for the City of Wildomar must be com pleted by April 17, 2022.
At the January 27, 2016 City Council Meeting, the City Council took action to establish a single member district election system for the City Council. The City adopted its current district boundaries on March 9, 2016, based on 2010 census data as required by law.
The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Ac t, which was ad opted by the California legislature as AB 849 and took effect January 1, 2020.
Under the Act, the council shall draw and adopt boundaries using the following criteria in the listed order of priority (Elections Code 21601(c) for general law cities / 21621(c ) for charter cities):
1. Comply with the federal requirements of equal population and the Voting Rights Act
2. Geographically contiguous
3. Undivided neighborhoods and “communities of interest” (socio- economic geographic areas that should be kept together)
4. Easily identifiable boundaries
5. Compact (do not bypass one group of people to get to a more distant group of people)
6. Shall not favor or discriminate against a political party
Once the prioritized criteria are met, other traditional districting pr inciples can be considered, such as:
1. Minimize the number of voters delayed from voting in 2022 to 2024
2. Respect voters’ choices / continuity in office
3. Future population growth
The purpose of this public hearing is to inform the public about the districting process and to hear from the community on what fac tors should be taken into consideration while creating district boundaries. The public is requested to provide input regardin g communities of interest and other local factors that should be considered while drafting district maps. A community of interest under the relevant Elections Code for cities (Section 21601(c) / 21621(c)] is “a population that shares common social or econo mic interests that should be included within a single district for purposes of its effective and fair representation.”
Possible features defining community of interest might include, but are not limited to:
A. School attendance areas;
B. Natural dividing lines such as major roads, hills, or highways;
C. Areas around parks and other neighborhood landmarks;
D. Common issues, neighborhood activities, or legislative/election concerns; and
E. Shared demographic characteristics, such as:
(1) Similar levels of income, education, or linguistic insolation; (2) Languages spoken at home; and
(3) Single-family and multi-family housing unit areas.
By law, the City must hold at least four public hearings that enable community members to provide input on the drawing of district maps . At least one of these hearings is required to be held prior to any maps drawn.
The City held two public hearings prior to maps being drawn for the purpose of receiving public input on the communities of interest . Video recording of these meetings can be found on the Agenda & Minutes page on the City’s website (www.cityofwildomar.org)
DISCUSSION:
The Third Public Hearing is being held to:
1) Review preliminary analyses.
2) Review public mapping tools and encourage the public to submit maps.
3) Review maps prepared utilizing the discussed criteria.
4) Conduct a public hearing to receive input on the communities of interest and potential district boundaries.
Since the last hearing, four draft maps have been developed and posted to the City ’s website for consider ation. Three of those maps were developed by the demographer.
One of those maps was submitted from the public using the online mapping tool.
The City has received 10 comments since the last Public Hearing. Comments received prior to January 5, 2022 at 5pm are included in the attachments to the staff report.
Residents are encouraged to visit www. cityofwildomar.org to follow updates on the
redistricting process, review data and materials, and participate in the process by offering comments and submitting maps for consideration. Residents are also encouraged to participate in this public hearing.
Next Steps:
Confirm the fourth Public Hearing d ate which is tentatively scheduled f or February 9, 2022.
Provide direction on what map the Council prefers a or provide input for the demographer to create a new map to review at the next public hearing.
FISCAL IMPACT:
None.
Submitted by: Approved by:
Janet Morales Gary Nordquist
City Clerk City Manager
ATTACHMENT:
1. Presentation: National Demographics Corporation - City of Wildomar Redistricting 2021
2. Public Input received though January 5, 2022.
City of Wildomar
Redistricting 2021
1/12/2022 Todd Tatum
National Demographics Corporation
2 Redistricting Process
2*SB 594 would explicitly confirm maps may be adopted by resolution.
Step Description
Two Initial Hearings
September 8 & November 10
Held prior to release of draft maps.
Education and to solicit input on the communities in the Districts.
Census Data Release
Mid/Late August
Census Bureau releases official 2020 Census population data.
California Data Release
Early October 2021
California Statewide Database releases California’s official ‘prisoner- adjusted’ 2020 redistricting data.
Two Draft Map Hearings
January 12 & ????
Two Public Hearings to discuss and revise the draft maps and to discuss the election sequence.
Map Adoption
By April 17, 2022
Final map must be posted at least 7 days prior to adoption.
Map adopted via ordinance.*
3 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Minimize voters shifted to
different election years
Respect voters’ choices /
continuity in office
Future population growth
Preserving the core of existing
districts
1. Federal Laws 2. California Criteria for
Cities (rank ordered)
1.Geographically contiguous
2.Undivided neighborhoods and
“communities of interest”
(Socio-economic geographic areas that
should be kept together)
3.Easily identifiable boundaries
4.Compact
(Do not bypass one group of people to
get to a more distant group of people)
Prohibited:
“Shall not favor or discriminate against
a political party.”
3. Other Traditional
Redistricting Principles
3 Redistricting Rules and Goals
4 Initial Draft Maps
Three initial draft maps have been developed by NDC and one draft map submitted from the public.
All of the maps created by NDC have a deviation under the required 10%.
The public map is also below 10%.
NDC Map 101 has a deviation of 5.22%
NDC Map 102 has a deviation of 5.66%
NDC Map 103 has a deviation of 8.74%
The Public Map 101 has a deviation of 0.88%
Existing Districts deviation is 35.89%
5Date
6 NDC Map 101 Demographics
Date
NDC Map 101
District 1 2 3 4 5 Total
Total Pop 7,581 7,368 7,408 7,446 7,195 36,998
Deviation from ideal 181 -32 8 46 -205 386
% Deviation 2.45% -0.43% 0.11% 0.62% -2.77% 5.22%
Total Pop
% Hisp 56.4% 34% 35% 46% 31% 41%
% NH White 35% 50% 46% 42% 46% 44%
% NH Black 3% 4% 5% 2% 8% 4%
% Asian-American 3% 7% 9% 5% 10% 7%
Citizen Voting Age
Pop
Total 4,490 4,562 4,959 4,873 4,752 23,637
% Hisp 42% 28% 31% 35% 24% 32%
% NH White 50% 63% 54% 58% 51% 55%
% NH Black 4% 2% 7% 1% 10% 5%
% Asian/Pac.Isl. 3% 5% 7% 4% 12% 6%
Voter Registration
(Nov 2020)
Total 3,637 4,527 4,464 4,118 4,213 20,959
% Latino est. 41% 25% 28% 33% 25% 30%
% Spanish-Surnamed 37% 24% 26% 31% 23% 28%
% Asian-Surnamed 1% 2% 2% 1% 2% 2%
% Filipino-Surnamed 1% 2% 2% 1% 2% 2%
% NH White est. 55% 70% 61% 64% 61% 63%
% NH Black 3% 2% 8% 1% 11% 5%
Voter Turnout (Nov
2020)
Total 2,747 3,630 3,678 3,273 3,450 16,778
% Latino est. 38% 23% 27% 30% 24% 28%
% Spanish-Surnamed 35% 22% 25% 28% 22% 26%
% Asian-Surnamed 1% 2% 2% 1% 2% 2%
% Filipino-Surnamed 1% 2% 2% 1% 2% 2%
% NH White est. 57% 72% 63% 67% 62% 64%
% NH Black 3% 2% 8% 1% 11% 5%
SalidaDelSol
Elizabeth Ln
OrangeSt
Cherry St
PashalPl
Catt Rd
Wildomar Trail
Canyon Dr
Walnut St
FrederickSt
Olive St
Lemon St
La Estrella St
15 15
�2021 CALIPER
8 NDC Map 102 Demographics
Date
NDC Map 102
District 1 2 3 4 5 Total
Total Pop 7,328 7,588 7,239 7,212 7,631 36,998
Deviation from ideal -72 188 -161 -188 231 419
% Deviation -0.97% 2.54% -2.18% -2.54% 3.12% 5.66%
Total Pop
% Hisp 54.7% 42% 34% 43% 31% 41%
% NH White 36% 45% 44% 45% 48% 44%
% NH Black 2% 3% 6% 3% 7% 4%
% Asian-American 4% 5% 10% 5% 9% 7%
Citizen Voting Age
Pop
Total 4,467 4,606 4,841 4,442 5,280 23,637
% Hisp 39% 33% 30% 35% 24% 32%
% NH White 51% 57% 52% 60% 55% 55%
% NH Black 3% 3% 9% 2% 8% 5%
% Asian/Pac.Isl. 4% 5% 8% 2% 11% 6%
Voter Registration
(Nov 2020)
Total 3,604 4,447 4,155 4,092 4,661 20,959
% Latino est. 38% 31% 28% 32% 24% 30%
% Spanish-Surnamed 35% 28% 26% 29% 22% 28%
% Asian-Surnamed 1% 2% 2% 1% 2% 2%
% Filipino-Surnamed 1% 1% 2% 1% 2% 2%
% NH White est. 59% 64% 60% 66% 64% 63%
% NH Black 3% 2% 9% 1% 9% 5%
Voter Turnout (Nov
2020)
Total 2,786 3,451 3,442 3,311 3,788 16,778
% Latino est. 35% 29% 27% 29% 23% 28%
% Spanish-Surnamed 32% 27% 25% 27% 21% 26%
% Asian-Surnamed 1% 2% 2% 1% 2% 2%
% Filipino-Surnamed 1% 1% 2% 1% 2% 2%
% NH White est. 61% 66% 61% 68% 65% 64%
% NH Black 3% 2% 9% 1% 9% 5%
9Date
10 NDC Map 103 Demographics
NDC Map 103
District 1 2 3 4 5 Total
Total Pop 7,304 7,399 7,770 7,402 7,123 36,998
Deviation from ideal -96 -1 370 2 -277 647
% Deviation -1.30% -0.01% 5.00% 0.03% -3.74% 8.74%
Total Pop
% Hisp 56.3% 38% 39% 41% 30% 41%
% NH White 34% 50% 43% 47% 44% 44%
% NH Black 3% 3% 5% 3% 9% 4%
% Asian-American 3% 4% 8% 5% 12% 7%
Citizen Voting Age
Pop
Total 4,302 4,903 4,956 4,773 4,703 23,637
% Hisp 42% 29% 35% 32% 23% 32%
% NH White 49% 63% 51% 62% 50% 55%
% NH Black 4% 2% 7% 1% 11% 5%
% Asian/Pac.Isl. 4% 3% 6% 3% 14% 6%
Voter Registration
(Nov 2020)
Total 3,495 4,632 4,436 4,381 4,015 20,959
% Latino est. 41% 26% 31% 29% 25% 30%
% Spanish-Surnamed 38% 24% 29% 27% 23% 28%
% Asian-Surnamed 1% 1% 2% 2% 3% 2%
% Filipino-Surnamed 1% 1% 2% 1% 2% 2%
% NH White est. 55% 70% 59% 68% 60% 63%
% NH Black 3% 2% 8% 1% 12% 5%
Voter Turnout (Nov
2020)
Total 2,633 3,687 3,601 3,593 3,264 16,778
% Latino est. 39% 24% 29% 27% 24% 28%
% Spanish-Surnamed 36% 22% 27% 25% 22% 26%
% Asian-Surnamed 1% 1% 2% 2% 2% 2%
% Filipino-Surnamed 1% 1% 2% 1% 2% 2%
% NH White est. 56% 71% 61% 70% 61% 64%
% NH Black 3% 2% 8% 1% 12% 5%
11 12
Public Map 101 Demographics
Public 101
District 1 2 3 4 5 Total
Total Pop 7,408 7,436 7,375 7,408 7,371 36,998
Deviation from ideal 8 36 -25 8 -29 65
% Deviation 0.11% 0.49% -0.34% 0.11% -0.39% 0.88%
Total Pop
% Hisp 56.1% 37% 37% 44% 30% 41%
% NH White 34% 49% 46% 43% 44% 44%
% NH Black 3% 3% 4% 3% 9% 4%
% Asian-American 3% 6% 7% 5% 12% 7%
Citizen Voting Age
Pop
Total 4,365 5,278 4,806 4,714 4,474 23,637
% Hisp 42% 28% 33% 34% 24% 32%
% NH White 49% 62% 54% 60% 49% 55%
% NH Black 4% 3% 6% 2% 11% 5%
% Asian/Pac.Isl. 4% 5% 6% 3% 13% 6%
Voter Registration
(Nov 2020)
Total 3,533 4,518 4,420 4,225 4,263 20,959
% Latino est. 41% 26% 30% 31% 25% 30%
% Spanish-Surnamed 38% 24% 27% 29% 23% 28%
% Asian-Surnamed 1% 2% 1% 2% 3% 2%
% Filipino-Surnamed 1% 2% 2% 1% 2% 2%
% NH White est. 54% 69% 62% 67% 60% 63%
% NH Black 3% 2% 6% 1% 12% 5%
Voter Turnout (Nov
2020)
Total 2,656 3,593 3,613 3,420 3,496 16,778
% Latino est. 39% 23% 28% 28% 24% 28%
% Spanish-Surnamed 36% 22% 26% 26% 22% 26%
% Asian-Surnamed 1% 2% 1% 2% 2% 2%
% Filipino-Surnamed 1% 2% 2% 1% 2% 2%
% NH White est. 56% 71% 63% 69% 61% 64%
% NH Black 3% 2% 7% 1% 11% 5%
13 Simple Map Review Tool
Online Interactive Review Map
▪ ESRI’s “ArcGIS Online” – similar to Google Maps in ease of use ▪ Used to review, analyze and compare maps, not to create them ▪ Includes overlays of “community of interest” and other data 13 14
Discussion
Conduct a Public Hearing
Set next Public Hearing Date
Provide direction on what map the Council prefers or
new map the Council would like see at the next hearing
15 Redistricting Process Details
Date(s) Description Comments
September 8, 2021 1st Public Hearing
November 10, 2021 2nd Public Hearing
Mid-October 2021
Mapping software released to the public.
*Estimated time depending on Census data
December 1, 2022 Maps due from the public.
January 12, 2022 3rd Public Hearing
????? Publish Draft map(s) 7 Days prior to adoption
?????
4th Public Hearing and Council adopt
District map. Must be completed no later
than April 17, 2022
The 4th hearing could also be the adoption
hearing
April 17, 2022 Deadline to adopt and submit map to
Registrar
16 Share Your Thoughts
Website
www.cityofwildomar.org
Phone
951-677-7751 x210
Email
[email protected]
16 From:
To:
Subject:
Date:
Kathy Pierce
Janet Morales
Redistricting Wildomar
Wednesday, December 22, 2021 3:41:34 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
From Corazza Street:
Prefer Map #1
From:
To:
Subject:
Date:
Kathleen Kovich
Janet Morales
Redistricting Wildomar
Wednesday, December 22, 2021 3:05:48 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
I prefer Map #1
Sent from my iPhone
From:
To:
Subject:
Date:
Leah Foster
Janet Morales
Redistricting Wildomar
Wednesday, December 22, 2021 1:37:09 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Hello,
I hope you’re doing well today. Out of all three maps I prefer NDC 103. The Farm community should all lie within the same lines.
Thank you,
Ms. Leah Foster
Sent from my iPhone
From:
To:
Subject:
Date:
Leslie Anid
Janet Morales
Redistricting Wildomar
Wednesday, December 22, 2021 1:07:05 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Hi,
I would say map 101 or 102 for redisticting.
Thanks for sharing this and allowing us to respond via email! Sincerely,
Leslie Anid
From:
To:
Subject:
Date:
Trisha Sluder
Janet Morales
Redistricting Wildomar
Wednesday, December 22, 2021 12:58:08 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
I am in District 4 and prefer Map 2
Sent from my iPad
From: [email protected]
To: Janet Morales
Subject: Redistricting Map Opinion Poll 2022-01-04 05:33 PM(PST) Submission Notification Date: Tuesday, January 4, 2022 5:33:05 PM
Redistricting Map Opinion Poll 2022-01-04 05:33 PM(PST) was submitted by Guest on 1/4/2022 8:33:01 PM (GMT-08:00) US/Pacific Name Value
Name-1639758909570-0 John Gunther
Email-1639758944781-0
What-street-do-you-live-on-1639758975583-0 Clovis Way
Which-Map-do-you-prefer-1639759014461-0 NDC101
Are-there-any-additional-community-interests-that-you-feel-werent-included-that-you-would-like-the-City-to-consider-1639759123434-0 Any-additional-comments-1639759212737-0
To view this form submission online, please follow the link below:
http://www.cityofwildomar.org/form/one.aspx?objectId=18251003&contextId=18209807&returnto=submissions
From: [email protected]
To: Janet Morales
Subject: Redistricting Map Opinion Poll 2022-01-04 05:34 PM(PST) Submission Notification Date: Tuesday, January 4, 2022 5:34:33 PM
Redistricting Map Opinion Poll 2022-01-04 05:34 PM(PST) was submitted by Guest on 1/4/2022 8:34:29 PM (GMT-08:00) US/Pacific Name Value
Name-1639758909570-0 John Lloyd
Email-1639758944781-0
What-street-do-you-live-on-1639758975583-0 23164 Cannery Rd Which-Map-do-you-prefer-1639759014461-0 NDC101
Are-there-any-additional-community-interests-that-you-feel-werent-included-that-you-would-like-the-City-to-consider-1639759123434-0 Any-additional-comments-1639759212737-0
I feel NDC 1 is the least
divisive, identifies like
areas to allow for better
neighborhood support.
The numbers look very
even is all regards.
To view this form submission online, please follow the link below:
http://www.cityofwildomar.org/form/one.aspx?objectId=18251005&contextId=18209807&returnto=submissions
From: [email protected]
To: Janet Morales
Subject: Redistricting Map Opinion Poll 2022-01-04 05:35 PM(PST) Submission Notification Date: Tuesday, January 4, 2022 5:35:54 PM
Redistricting Map Opinion Poll 2022-01-04 05:35 PM(PST) was submitted by Guest on 1/4/2022 8:35:51 PM (GMT-08:00) US/Pacific Name Value
Name-1639758909570-0 Ray Moore
Email-1639758944781-0
What-street-do-you-live-on-1639758975583-0 32970 Wells Place Which-Map-do-you-prefer-1639759014461-0 PUBLIC 101
Are-there-any-additional-community-interests-that-you-feel-werent-included-that-you-would-like-the-City-to-consider-1639759123434-0 none Any-additional-comments-1639759212737-0
looks like a balance re-
districting based upon
population.
To view this form submission online, please follow the link below:
http://www.cityofwildomar.org/form/one.aspx?objectId=18251007&contextId=18209807&returnto=submissions
From: [email protected]
To: Janet Morales
Subject: Redistricting Map Opinion Poll 2022-01-05 07:01 AM(PST) Submission Notification Date: Wednesday, January 5, 2022 7:01:56 AM
Redistricting Map Opinion Poll 2022-01-05 07:01 AM(PST) was submitted by Guest on 1/5/2022 10:01:51 AM (GMT-08:00) US/Pacific Name Value
Name-1639758909570-0 Mitch Crismon
Email-1639758944781-0
What-street-do-you-live-on-1639758975583-0 Larkspur Drive Which-Map-do-you-prefer-1639759014461-0 NDC102
Are-there-any-additional-community-interests-that-you-feel-werent-included-that-you-would-like-the-City-to-consider-1639759123434-0 Any-additional-comments-1639759212737-0
To view this form submission online, please follow the link below:
http://www.cityofwildomar.org/form/one.aspx?objectId=18251479&contextId=18209807&returnto=submissions
From: G
To: Janet Morales
Subject: Redistricting Wildomar
Date: Wednesday, December 22, 2021 12:31:42 PM
[The e-mail below is from an external source. Please do not open attachments or click links from an unknown or suspicious origin.]
Hello,
Which NDC is best for where I live?
It looks like I'm in District 2 no matter what.
George Deal
24136 Safiro Court
Agenda Item #1.2
CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING MINUTES
NOVEMBER 10, 2021
CALL TO ORDER – WORKSHOP- 3:00 P.M.
The Workshop of November 10, 2021, of the Wildomar City Council was conducted in-person at the Wildomar Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California, and was called to order by Mayor Nigg at 3:01 p.m.
City Council Roll Call showed the following:
Members in attendance: Council Member, Morabito, Swanson, Mayor Pro Tem Benoit, Mayor Nigg
Members absent: Moore
Staff in attendance: Assistant City Manager York, City Attorney Jex, City Clerk Morales, Planning Director Bassi, Administrative Services Director Howell, Project Consultant Riley, Economic Development Director Davidson, Associate Engineer Luna, Development Manager Stadnik, Associate Engineer Farag, Parks, Community Services Director Torres , Capital Project Manager R epke, Development Manager Stadnik and Associate Engineer Farag.
PUBLIC COMMENTS
There were no public comments.
0 WORKSHOP
CALL TO ORDER AND ROLL CALL OF THE WILDOMAR
CEMETERY DISTRICT
The Workshop of November 10, 2021, of the Wildomar Cemetery was conducted in-person at the Wildomar Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California, and was called to order by Chair Nigg at 3:04 p.m.
Cemetery Roll Call showed the following:
Members in attendance: Board Member Morabito, Swanson, Vice Chair Benoit, Chair Nigg
Members absent: Moore
City of Wildomar
City Council Minutes
November 10, 2021
2 Council Member/Board Member Moore arrived at 3:07 p.m.
0.1 Concept Design Presentation Wildomar Cemetery Perimeter Wall, Fencing and ADA Improvements and Palomar Street Widening Project (CIP 028-2 and CIP 067-1)
Mayor Nigg read the title.
Capital Project Manager Repke presented the staff report.
Residents Gina Castanon and Kenny Mayes provided public comment.
It was the consensus of the City Council and the Cemetery Board to receive and file the concepts presented for improvements along Palomar Street, Gruwell Street and along the Wildomar Cemetery frontage associated with the Wildomar Cemetery Perimeter Wall, Fenc ing and ADA Improvements and Palomar Street Widening Project (CIP 028-2 and CIP 067-1) (“Project”)
A MOTION was made by Councilmember/ Trustee Swanson seconded by Councilmember/Trustee Moore to adopt a Categorical Exemption pursuant to Section 15301(c) of the CEQA Guidelines.
MOTION carried 5-0, by the following vote:
YEA: Moore, Morabito, Swanson,
Mayor Pro Tem/Vice Chair Benoit, Mayor/Chair Nigg
NAY: None
ABSTAIN: None
ABSENT: None
ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Nigg adjourned the Cemetery District Meeting at 3:46 p.m.
0.2 Development Impact Fee Update Presentation (CIP 023)
Mayor Nigg read the title.
Associate Engineer Farag presented the staff report.
Residents Gina Castanon and Kenny Mayes provided public comment.
City of Wildomar
City Council Minutes
November 10, 2021
3 It was the consensus of the City Council to receive and file the proposed updates to the City’s Development Impact Fees.
ADJOURN WORKSHOP
There being no further business, Mayor Nigg adjourned the Workshop at 4:11 p.m.
CALL TO ORDER – CLOSED SESSION - 5:00 P.M.
The Closed Session of November 10, 2021, of the Wildomar City Council was conducted in -person at the Wildomar Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California, and was called to order by Mayor Pro Tem Benoit at 5:00 p.m.
City Council Roll Call showed the following:
Members in attendance: Council Member Moore, Morabito, Swanson, Mayor Pro Tem Benoit
Members absent: Mayor Nigg
Staff in attendance: City Attorney Jex, City Clerk Morales, Assistant City Manager York.
PUBLIC COMMENTS
There were no public comments.
CLOSED SESSION
City Clerk Morales read the following:
1. The City Council will meet in closed session pursuant to the provisions of Government Code section 54957(b) regarding Public Employee Appointment.
Title: City Manager.
2. The City Council will meet in closed session to hold a conference with its Labor Negotiator regarding Unrepresented Employee pursuant to Government Code 54957.6.
Agency representative: Changed from Dustin Nigg to Joseph Morabito
City of Wildomar
City Council Minutes
November 10, 2021
4 Unrepresented employee: City Manager
The City Council convened into closed session at 5:01 p.m.
RECONVENE INTO OPEN SESSION
The City Council reconvened into open session with all members except Mayor Nigg present at 6:06 p.m.
ANNOUNCEMENTS
City Attorney Jex stated that the City Council met in Closed Session and there is no reportable action.
ADJOURN CLOSED SESSION
There being no further business, Mayor Pro Tem Benoit adjourned the closed session at 6:06 p.m.
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
The Regular Meeting of November 10, 2021, of the Wildomar City Council was conducted in -person at the Wildomar Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California, and was called to order by Mayor Pro Tem Benoit at 6:06 p.m.
City Council Roll Call showed the following:
Members in attendance: Council Member Moore, Morabito, Swanson, Mayor Pro Tem Benoit
Members absent: Mayor Nigg
Staff in attendance: Assistant City Manager York, City Attorney Jex, City Clerk Morales, Planning Director Bassi, Administrative Services Director Howell, Project Consultant Riley, Economic Development Director Davidson, Associate Engineer Luna, Development Manager Stadnik, Associate Engineer Farag, Parks, Community Services Director Torres , Capital Projec t Manager Repke, Development Manager Stadnik and Associate Engineer Farag.
The flag salute was led by Councilmember Moore.
City of Wildomar
City Council Minutes
November 10, 2021
5 2.0 PUBLIC HEARINGS
2.1 Second Public Hearing to Receive Input from the Community Regarding the Redrawing of Election District Boundaries
Mayor Pro Tem Benoit read the title.
Mayor Pro Tem Benoit opened the public hearing.
City Clerk Morales and Todd Tatum from the National Demographics Corporation presented the staff report.
Resident Gina Castanon with 3 minutes donated by Ruben Castanon provided public comment for a total of 6 minutes.
Resident Kenny Mayes provided public comment.
There being no further testimony, Mayor Pro Tem Benoit closed the public hearing.
It was the consensus of the City Council to receive and file the report.
PRESENTATIONS
1. Mayor Pro Tem Benoit presented the Small Business Saturday November 27, 2021 Proclamation to the Murrieta/Wildomar Chamber of Commerce.
DEPARTMENT REPORTS
1. Community Services Director Torres presented the Community Services Update.
PUBLIC COMMENTS
The following provided public comments on items not on the agenda: Ginger Greaves, Santa Rosa Plateau Nature Education Foundation, Ms. Miller, Resident Don Saunders.
City of Wildomar
City Council Minutes
November 10, 2021
6 COUNCIL COMMUNICATIONS
The City Council Members spoke regarding the various committees, commissions, and boards that they serve on locally and regionally and community events, including:
1. Community events
2. Regional events
3. Chamber of Commerce
4. Riverside Transit Agency (RTA)
5. Riverside Conservation Authority (RCA)
6. Riverside County Transportation Commission (RCTC)
7. League of California Cities
8. Southern California Association of Governments (SCAG)
9. Riverside County Habitat Conservation Agency (RCHCA)
10. Western Riverside Council of Governments (WRCOG)
11. South Coast Air Quality Management District (SCAQMD)
12. Southwest Community Financing Authority (Animal Shelter)
13. Western Community Energy (WCE)
14. Ad Hoc & Subcommittees
APPROVAL OF THE AGENDA AS PRESENTED
There were no changes to the agenda as presented.
1.0 CONSENT CALENDAR
Staff requested to table agenda items # 1.9, 1.11 & 1.18.
Staff noted that Exhibit A to the Resolution for agenda item #1.7 should have been included in the agenda packet.
Miss Miller provided public comment on agenda items #1.9, 1.10, 1.11, 1.12, 1.18.
Residents Rick Harris and Richard Hooley provided public comment on agenda item #1.17.
Council Member Morabito abstained from voting on agenda item #1.10 due to a conflict of interest.
A MOTION was made by Councilmember Moore seconded by Councilmember Swanson to approve the Consent Calendar with the changes.
MOTION carried 4-0, by the following vote:
City of Wildomar
City Council Minutes
November 10, 2021
7 YEA: Moore, Morabito, Swanson, Mayor Pro Tem Benoit NAY: None
ABSTAIN: None
ABSENT: Mayor Nigg
1.1 Reading of Ordinances
Approved the reading by title only of all ordinances on this agenda.
1.2 Minutes- August 26, 2021 Special Meeting
Approved the minutes as presented.
1.3 Minutes- September 8, 2021 Regular Meeting
Approved the minutes as presented.
1.4 Warrant and Payroll Registers
Approved the following:
For Fiscal Year 2020-2021
1. Warrant Register dated 10-07-2021 in the amount of $2,220.75.
For Fiscal Year 2021-2022
2. Warrant Register dated 10-07-2021 in the amount of $99,994.67.
3. Warrant Register dated 10-14-2021 in the amount of $185,321.23.
4. Warrant Register dated 10-21-2021 in the amount of $595,866.29.
5. Warrant Register dated 10-28-2021 in the amount of $78,174.43.
6. Wire Transfer Register dated 10-31-2021 in the amount of $211,280.48.
7. Payroll Register dated 11-01-2021 in the amount of $174,914.04.
1.5 Treasurer’s Report
Approved the Treasurer’s Report for September 2021.
1.6 2nd Reading of Ordinance No. 204 (ZOA No. 2021-02)
Adopted an Ordinance entitled:
ORDINANCE NO. 204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, ADOPTING A GENERAL RULE EXEMPTION IN ACCORDANCE WITH SECTION 15061(B)(3) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, AND
City of Wildomar
City Council Minutes
November 10, 2021
8 APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2021-02 TO MODIFY SECTION 17.188 (OFF-STREET VEHICLE PARKING
STANDARDS) OF THE WILDOMAR MUNICIPAL CODE RELATED TO
PARKING STANDARDS FOR SINGLE-FAMILY, MULTI-FAMILY AND
COMMERCIAL DEVELOPMENTS IN THE CITY OF WILDOMAR
1.7 2nd Reading of Ordinance No. 205 – Repealing and Replacing Chapter
8.48 (Hazardous Vegetation) of the Wildomar Municipal Code Adopted an Ordinance entitled:
ORDINANCE NO. 205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, REPEALING CHAPTER 8.48 (HAZARDOUS
VEGETATION) OF THE WILDOMAR MUNICIPAL CODE, AND ADDING
CHAPTER 8.48 (HAZARDOUS VEGETATION AND RUBBISH
ABATEMENT PROGRAM) TO THE WILDOMAR MUNICIPAL CODE
1.8 2nd Reading of Ordinance No. 206 – Amending and Restating Chapter
8.104 (Solid Waste Collection and Disposal) of the City of Wildomar Municipal Code
Adopt an Ordinance entitled:
ORDINANCE NO. 206
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA AMENDING AND RESTATING CHAPTER
8.104 (SOLID WASTE COLLECTION AND DISPOSAL) OF THE CITY OF
WILDOMAR MUNICIPAL CODE
1.9 Tract Map No. 32035 - McVicar Residential Project Final Map Approval, Subdivision Improvement Agreement, and Lien Agreement
Tabled to December 15, 2021.
1.10 Baxter Village Hotel and Borrow Site, Off -site and On -site Street Improvements (Grading Only) – Parcel 2 of Parcel Map No. 37941 – Rough Grading Agreement
Authorized the City Manager to execute the Rough Grading Agreements with Strata Baxter, LLC, a Delaware limited liability company for the Baxter Village Hotel and Borrow Site, Off -site and On-site Street Improvements – Parcel 2 of Parcel Map No. 37941.
1.11 Tract No. 31667 - Boulder Creek Joint Community Facilities Agreement and DIF Credit Agreement
Tabled to December 15, 2021.
City of Wildomar
City Council Minutes
November 10, 2021
9 1.12 Summerhill 2 KB Homes, Tentative Tract Map 37476 Rough Grading Agreement
Authorized the City Manager to execute the Rough Grading Agreement with KB Home Coastal Inc.
1.13 Resolution approving the filing of all applications associated with the Per Capita program grant funds for which the City of Wildomar is Eligible
Adopted a Resolution entitled:
RESOLUTION NO. 2021 - 66
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS
1.14 Third Amendment to Animal Field Services and Sheltering Agreement.
Authorized the City Manager to execute the Second Amendment to the Animal Field Services and Sheltering Agreement between the City of Wildomar and Animal Friends of the Valleys, Inc.
1.15 Position Classification Schedule Update
Adopted a Resolution entitled:
RESOLUTION NO. 2021 - 67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, UPDATING THE POSITION CLASSIFICATION
SCHEDULE, UPDATING THE ADMINISTRATIVE SERVICES
DIRECTOR, COMMUNITY SERVICES DIRECTOR, AND ACCOUNTANT
I/II/III POSITION CLASSIFICATION DESCRIPTIONS, AND PLACE THE ACCOUNTANT I/II/III POSITION ON THE FY 2021-22 SCHEDULE OF
AUTHORIZED POSITIONS
1.16 Confirming Adoption of Riverside County Transportation Commission (RCTC) Funding Agreements No. 21 -62-117-00 and 21 -62-118-00SB 821 Project Grant Funding
Confirmed adoption of the following:
1. Accepted $381,325 from the Riverside County Transp ortation Commission (RCTC) in SB 821 Bicycle and Pedestrian Facilities Program funding for the Bundy Canyon Road Sidewalk and Bike Lane Connectivity Project from Almond St. to Monte Vista Dr;
City of Wildomar
City Council Minutes
November 10, 2021
10 2. Accepted $432,500 from the Riverside County Transportation Commission (RCTC) in SB 821 Bicycle and Pedestrian Facilities Program funding for the Palomar St. Sidewalk, Trail and Bike Lane Connectivity Project on Palomar St. from Gruwell St. to Wildomar Trail and Gruwell St. from Palomar St. to 550’ North;
3. Authorized the City Manager to execute Funding Agreement No. 21 -62- 117-00 and 21-62-118-00 with RCTC.
1.17 Bundy Canyon Road Improvement Project – Segment 1 (CIP 026 -1) Increase Contract Contingency Authorization for Approving Contract Change Orders
Increased the contingency authorization on the construction contract from
7.5% to 12.5% to allow the City Engineer to execute Contract Change Orders (CCOs) with James McMinn Inc. (JMI) for the Bundy Canyon Road Improvement Project – Segment 1 (CIP 026-1).
1.18 Horizons by Lennar Homes, Tentative Tract Map 36672 Rough Grading Agreement
Authorized the City Manager to execute the Rough Grading Agreement with Lennar Homes of California, Inc.
2.0 PUBLIC HEARINGS
2.2 Culture Cannabis Club Revised Proposal - PA No. 20 -0078(R1): A proposal to expand an approved 1,440 square -foot retail cannabis business into an 835 square -foot adjacent suite bringing the total lease space to 2,275 square feet located at 33980 Mission Trail, Suite #A & B
Mayor Pro Tem Benoit read the title.
Mayor Pro Tem Benoit opened the public hearing
Planning Director Bassi presented the staff report.
Resident Gina Castanon provided public comment.
There being no testimony Mayor Pro Tem Benoit closed the public hearing.
City of Wildomar
City Council Minutes
November 10, 2021
11 A M OTION was made by Councilmember Moore seconded by Councilmember Morabito to adopt a Resolution entitled:
RESOLUTION NO. 2021 - 68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, ADOPTING CATEGORICAL EXEMPTION IN
ACCORDANCE WITH SECTION 15301 (CLASS 1) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND
APPROVING CONDITIONAL USE PERMIT NO. 20-0078(R1), SUBJECT TO CONDITIONS, TO EXPAND AN APPROVED 1,440 SQUARE-FOOT
RETAIL CANNABIS BUSINESS INTO AN 835 SQUARE-FOOT
ADJACENT SUITE BRINGING THE TOTAL LEASE SPACE TO 2,275
SQUARE FEET LOCATED AT 33980 MISSION TRAIL, SUITE #A & B (APN: 366-160-070)
MOTION carried 4-0, by the following vote:
YEA: Moore, Morabito, Swanson, Mayor Pro Tem Benoit
NAY: None
ABSTAIN: None
ABSENT: Mayor Nigg
A MOTION was made by Councilmember Moore seconded by
Councilmember Swanson to Introduce and approve first reading of an Ordinance entitled:
ORDINANCE NO. 207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, ADOPTION OF A CATEGORICAL
EXEMPTION IN ACCORDANCE WITH SECTION 15301 (CLASS 1) OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND
APPROVAL OF AMENDMENT #1 TO DEVELOPMENT AGREEMENT
NO. 20-0078(R1) TO EXPAND AN APPROVED 1,440 SQUARE-FOOT RETAIL CANNABIS BUSINESS INTO AN 835 SQUARE-FOOT
ADJACENT SUITE NOW TOTALING 2,275 SQUARE FEET LOCATED IN THE C-1/C-P (GENERAL COMMERCIAL) ZONE AT 33980 MISSION
TRAIL, SUITE #A & B (APN: 366-160-070)
MOTION carried 4-0, by the following vote:
YEA: Moore, Morabito, Swanson, Mayor Pro Tem Benoit
NAY: None
ABSTAIN: None
City of Wildomar
City Council Minutes
November 10, 2021
12 ABSENT: Mayor Nigg
3.0 GENERAL BUSINESS
3.1 COVID-19 Update
Mayor Pro Tem Benoit read the title.
Community Services Director Torres presented the staff report.
It was the consensus of the City Council to receive and file the report.
3.2 Permanent Supportive Housing Project Contract -Social Work Action Group (SWAG)
Mayor Pro Tem Benoit read the title.
Project Consultant Riley presented the staff report.
Resident Gina Castanon with time donated by Ruben Castanon provided public comment for a total of 6 minutes.
A MOTION was made by Councilmember Swanson seconded by Councilmember Moore to approve and authorize the City Manager to execute a contract with So cial Work Action Group (SWAG) to provide permanent supportive housing (PSH) services for six (6) chronically homeless individuals in the City of Wildomar for the fiscal year 2021 -22 for $217,600, which was included in the ARPA funds (Fund115) in the biennial FY 2021-2023 budget and approved an additional one-time $262,700 of the ARPA funds to be budgeted for the conversion of the garage at the property into a livable Accessory Dwelling Unit.
MOTION carried 4-0, by the following vote:
YEA: Moore, Morabito, Swanson, Mayor Pro Tem Benoit
NAY: None
ABSTAIN: None
ABSENT: Mayor Nigg
City of Wildomar
City Council Minutes
November 10, 2021
13 3.3 Ordinance Adding Chapter 2.44 (Campaign Contribution Limits for Elective City Offices) to the Wildomar Municipal Code
Mayor Pro Tem Benoit read the title.
City Attorney Jex and Assistant City Manager York presented the staff report.
A MOTION was made by Councilmember Moore seconded by
Councilmember Morabito to introduce and waive further reading of an Ordinance Entitled:
ORDINANCE NO. 208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING CHAPTER 2.44 (CAMPAIGN CONTRIBUTION
LIMITS FOR ELECTIVE CITY OFFICES) TO THE WILDOMAR
MUNICIPAL CODE
MOTION carried 4-0, by the following vote:
YEA: Moore, Morabito, Swanson, Mayor Pro Tem Benoit
NAY: None
ABSTAIN: None
ABSENT: Mayor Nigg
3.4 Establishment of an Ad -Hoc Subcommittee to Evaluate Homeowner Association (HOA) Procedures for development projects in the City
Mayor Pro Tem Benoit read the title.
Planning Director Bassi presented the staff report.
A MOTION was made by Councilmember Moore seconded by
Councilmember Morabito to select and approve Mayor Pro Tem Benoit and Council Member Swanson to serve on a temporary ad -hoc subcommittee to provide guidance to staff in evaluating Home Owner Association procedures for development projects in the City.
MOTION carried 4-0, by the following vote:
YEA: Moore, Morabito, Swanson, Mayor Pro Tem Benoit
NAY: None
ABSTAIN: None
City of Wildomar
City Council Minutes
November 10, 2021
14 ABSENT: Mayor Nigg
3.5 City Hall Future Site Planning
Mayor Pro Tem Benoit read the title.
Assistant City Manager York presented the staff report.
Resident Gina Castanon with time donated by Ruben Castanon provided public comment for a total of 6 minutes.
Discussed the following Site Planning Options:
1. No change to site and execute the one-time 3-year lease extension; or
2. No change to site and negotiate a purchase and sale agreement; or
3. Site Location to be determined: Class A Office, build to suit.
4. City property: Factory Built offices
Consensus was to move towards option 4 on existing city property as staff work towards option 3 in the future.
3.6 Holiday Lights Home Decorating Contest 2021
Mayor Pro Tem Benoit read the title.
Community Services Director Torres presented the staff report.
A MOTION was made by Councilmember Moore seconded by
Councilmember Morabito to appoint Mayor Nigg as the delegate and Council Member Morabito as the alternate to judge the contest.
MOTION carried 4-0, by the following vote:
YEA: Moore, Morabito, Swanson, Mayor Pro Tem Benoit
NAY: None
ABSTAIN: None
ABSENT: Mayor Nigg
CITY MANAGER REPORT
Assistant City Manager York presented the Riverside County Redistricting update and City Manager report.
City of Wildomar
City Council Minutes
November 10, 2021
15 FUTURE AGENDA ITEMS
No future agenda items added.
ADJOURN THE CITY COUNCIL MEETING TO AN ADJOURNED
REGULAR MEETING ON DECEMBER 15, 2021
There being no further business, Mayor Pro Tem Benoit adjourned the City Council Meeting at 8:14 p.m. to an adjourned regular meeting on December 15, 2021.
Submitted by: Approved by:
_______________________________ _______________________________ Janet Morales, CMC Ben J. Benoit
City Clerk Mayor
CITY OF WILDOMAR CITY COUNCIL
Agenda Item #1.3
CONSENT CALENDAR
Meeting Date: January 12, 2022
______________________________________________________________________
TO: Mayor and City Council Members
FROM: Robert Howell, Administrative Services Director
SUBJECT: Warrant and Payroll Registers
STAFF REPORT
RECOMMENDATION:
Staff recommends that the City Council approve the following:
1. Warrant Register dated 12-02-2021 in the amount of $472,876.67.
2. Warrant Register dated 12-09-2021 in the amount of $462,041.94.
3. Warrant Register dated 12-16-2021 in the amount of $94,857.71.
4. Warrant Register dated 12-22-2021 in the amount of $1,642,202.86.
5. Wire Transfer Register dated 12-31-2021 in the amount of $52,381.59.
6. Payroll Register dated 01-01-2022 in the amount of $177,123.94.
DISCUSSION:
The City of Wildomar requires that the City Council audit payments of demands and direct the City Manager to issue checks. Th e Warrant and Payroll Registers are submitted for approval.
FISCAL IMPACT:
These Warrant, Wire Transfer and Payroll Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2021/22 Budgets.
Submitted by: Approved by:
Robert Howell Gary Nordquist
Administrative Services Director City Manager
ATTACHMENTS:
Voucher Register 12/02/2021 Voucher Register 12/22/2021 Voucher Register 12/09/2021 Wire Transfer Register 12/31/2021 Voucher Register 12/16/2021 Payroll Register 01/01/2022
12/02/2021
Voucher List
City of Wildomar
1 8:21:27AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214433 12/2/2021 000008 AT&T MOBILITY X11202021 11/13/21-12/12/21 COUNCIL MOBILE PHONE 57.00 Total : 57.00
214434 12/2/2021 001671 BERROTERAN, RAUL 112921 REIMBURSE - CLEANING OIL OFF
VANDALIZED
36.00 Total : 36.00
214435 12/2/2021 000787 CA ASSOC OF CODE ENFORCEMENT 3000016081 ANNUAL CACEO MEMBERSHIP DUES - T BAGGIO
95.00 95.00ANNUAL CACEO MEMBERSHIP DUES - J
PARKER
300015377
Total : 190.00
214436 12/2/2021 000035 COUNTY OF RIVERSIDE, TLMA TL0000016103 OCTOBER 2021 SLF COSTS FY21-22 360.91 Total : 360.91
214437 12/2/2021 000022 EDISON 111721-3767 10/18/21-11/16/21 ELECTRIC WILDOMAR 3116
11.49 28.7910/18/21-11/16/21 ELECTRIC 32975 WILLOW111721-5249
74.3110/18/21-11/16/21 ELECTRIC 32975 WILLOW111721-7633 Total : 114.59
214438 12/2/2021 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT11382160 10/07/21-11/06/21 WATER ZONE 52 LOC 01 38.13
44.3010/07/21-11/06/21 WATER ZONE 29 LOC 0211382216
111.2410/07/21-11/06/21 WATER ZONE 71 LOC 0111382496
82.0810/07/21-11/06/21 WATER 32637 GRUWELL -11382696
1,035.8910/07/21-11/06/21 WATER MARNA OBRIEN11382777
83.0610/11/21-11/10/21 WATER ZONE 3 LOC 7 M111386711
157.0710/11/21-11/10/21 WATER HERITAGE PARK
(A
11386724
174.4210/12/21-11/11/21 WATER ZONE 3 LOC 25
M1
11393077
160.5410/12/21-11/11/21 WATER ZONE 3 LOC 25
M2
11393078
723.8410/12/21-11/11/21 WATER ZONE 3 LOC 24
M1
11394853
55.3010/12/21-11/11/21 WATER CFD 2013-1 ZONE11396025
506.2810/12/21-11/11/21 WATER MALAGA
GATEWAY P
11396185
12/02/2021
Voucher List
City of Wildomar
2 8:21:27AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214438 12/2/2021 (Continued)000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT 233.4110/14/21-11/13/21 WATER ZONE 42 LOC 01
M
11397632
164.0110/14/21-11/13/21 WATER ZONE 42 LOC 03
M
11397884
174.4210/14/21-11/13/21 WATER ZONE 42 LOC 02
M
11397885
72.6510/19/21-11/18/21 WATER ZONE 3 LOC 35
M1
11404343
Total : 3,816.64
214439 12/2/2021 001222 FOBRO CONSULTING LLC 125 0000348 CONTRACTUAL SVCS 07/01/21-06/30/22 AS PE
3,025.00
Total : 3,025.00
214440 12/2/2021 000836 KOA CORPORATION JB93120-13 09/27/21-10/31/21 PROFESSIONAL SVCS WILD
685.00
Total : 685.00
214441 12/2/2021 001652 MARK THOMAS 42061 0000327 DESIGN PROFESSIONAL SERVICES AS PER SERV
7,957.50
Total : 7,957.50
214442 12/2/2021 001046 MUNICIPAL CONSULTING SERVICES, LLC113021 11/01/21-11/30/21 PROJECT CONSULTANT 7,645.00 Total : 7,645.00
214443 12/2/2021 001210 MURRIETA/WILDOMAR CHAMBER, OF COMMERCE39238 STATE OF THE CITY 16,175.00 Total : 16,175.00
214444 12/2/2021 000606 RING CENTRAL CD_000324528 11/21/21-11/20/22 - ANNUAL PHONE LINES ( 13,743.51 Total : 13,743.51
214445 12/2/2021 000283 RIVERSIDE COUNTY CLERK 113021 FILING - GRAND AVE MICROSURFACE NOE 50.00 Total : 50.00
214446 12/2/2021 000047 RIVERSIDE COUNTY, SHERIFF'S DEPARTMENTSH0000039848 CONTRACT LAW ENFORCEMENT THROUGH 09/22/2
411,030.52
Total : 411,030.52
214447 12/2/2021 001241 SIEMENS MOBILITY, INC. 5610278328 OCT 2021 TRAFFIC SIGNAL MAINTENANCE 1,494.50 12/02/2021
Voucher List
City of Wildomar
3 8:21:27AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214447 12/2/2021 (Continued)001241 SIEMENS MOBILITY, INC. 413.52OCT 2021 TRAFFIC SIGNAL RESPONSE
CALL OU
5620038056
Total : 1,908.02
214448 12/2/2021 000790 SPARKLETTS 111321 CITY HALL DRINKING WATER THROUGH 11/13/2
124.21
Total : 124.21
214449 12/2/2021 001021 SPICER CONSULTING GROUP 914 FY 21/22 ANNUAL ADMIN LLMD89-1-C/CSA 22/
2,791.67
2,791.67FY 21/22 ANNUAL ADMIN LLMD89-1-C/CSA
22/
929
Total : 5,583.34
214450 12/2/2021 000919 STANTON, SHERRI 113021 REIMBURSEMENT FOR HR DEPT SUPPLIES 374.43 Total : 374.43
Bank total : 472,876.67 18 Vouchers for bank code : wf 472,876.67Total vouchers :Vouchers in this report 18
12/09/2021
Voucher List
City of Wildomar
1 12:43:13PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214451 12/9/2021 001627 AMERICAN EAGLE TROPHIES 6456 PUBLIC WORKS DEV. MGR - ENGRAVED PLATE
104.40
Total : 104.40
214452 12/9/2021 000760 ARMADA ADMINISTRATORS 170001 NOVEMBER 2021 PREMIUM 2,970.00 -546.00CREDIT: PREMIUM ADJUSTMENT - CITY
COUNCI
170001CR
Total : 2,424.00
214453 12/9/2021 000080 BURKE, WILLIAMS AND SORENSON,, LLP 276351 OCTOBER 2021 LEGAL FEES 50,013.38 44,178.40NOVEMBER 2021 LEGAL FEES277545
Total : 94,191.78
214454 12/9/2021 000367 CINTAS CORPORATION 5086752266 CITY HALL FIRST AID & SAFETY 1,312.34 Total : 1,312.34
214455 12/9/2021 001622 COMMERCIAL BUILDING MANAGEMENT, SERVICES INC68570 0000362 WILDOMAR PARK CLEANING SVC FY21/22 AS PE
4,097.00
239.21NOV 2021 JANITORIAL SUPPLIES - MARNA
OBR
68571
1,800.00NOV 2021 CITY HALL DISINFECT - COVID-1968572
Total : 6,136.21
214456 12/9/2021 000002 CRYSTAL CLEAN MAINTENANCE 1203I DECEMBER 2021 CITY HALL JANITORIAL SERVI
3,214.75
Total : 3,214.75
214457 12/9/2021 000022 EDISON 112921 09/26/21-11/28/21 ELECTRIC 21400
PALOMAR
344.66
58.1710/27/21-11/28/21 ELECTRIC - BASEBALL FI112921-6091 536.2110/21/21-11/28/21 ELECTRIC -112921-9129
Total : 939.04
214458 12/9/2021 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT11400563 10/17/21-11/16/21 WATER ZONE 3 LOC 23 M1
357.11
60.1310/17/21-11/16/21 WATER ZONE 30 LOC 211400772
100.8410/17/21-11/16/21 WATER ZONE 3 LOC 49
M1
11400813
68.1910/17/21-11/16/21 WATER ZONE 51 LOC 111401066
333.9310/17/21-11/16/21 WATER BASEBALL FIELD11401233
12/09/2021
Voucher List
City of Wildomar
2 12:43:13PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214458 12/9/2021 (Continued)000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT 365.1310/17/21-11/16/21 WATER WINDSONG PARK11401273
863.6810/17/21-11/16/21 WATER ZONE 3 LOC 29
M1
11401783
307.8710/17/21-11/16/21 WATER ZONE 3 LOC 29
M2
11401861
136.4310/17/21-11/16/21 WATER ZONE 30 LOC 111401864
180.7610/17/21-11/16/21 WATER ZONE 3 LOC 42 &11401963
450.2110/17/21-11/16/21 WATER 22450 1/2
CERVER
11402359
399.1710/17/21-11/16/21 WATER 22450 CERVERA11402600
78.8410/17/21-11/16/21 WATER ZONE 62 - 2293311403699
Total : 3,702.29
214459 12/9/2021 001664 EXPRESS EVENTS 121121A SANTA CLAUS FOR BREAKFAST EVENT 595.00 2,995.00TENT/TABLES/CHAIRS FOR BREAKFAST
EVENT
121121B
Total : 3,590.00
214460 12/9/2021 001726 G & G ENTERTAINMENT 0080 LIVE MUSIC - VETERAN'S DAY EVENT 250.00 Total : 250.00
214461 12/9/2021 000685 GREAT AMERICA FINANCIAL SERVIC 30550710 CANON COLOR COPIER SYST #017-1249376
214.24
Total : 214.24
214462 12/9/2021 000634 HEYDAY RECORDS AND EVENTS 120721 BREAKFAST WITH SANTA 12/11/21 500.00 Total : 500.00
214463 12/9/2021 001666 INFINITY TECHNOLOGIES 228 0000351 INFORMATION TECHNOLOGY SUPPORT
SERVICES
8,000.00
Total : 8,000.00
214464 12/9/2021 000272 INLAND URGENT CARE 72730 PRE-EMPLOYMENT TESTING 11/22/21 - B RIVE
95.00 65.00PRE-EMPLOYMENT TESTING 11/17/21 - D
YORK
73100
Total : 160.00
214465 12/9/2021 000072 INTERWEST CONSULTING GROUP 73175 SEPT 2021 CONTRACTUAL SVC - CIP - 53,307.72 76,170.25SEPT 2021 CONTRACTUAL SVC -73293
12/09/2021
Voucher List
City of Wildomar
3 12:43:13PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 129,477.97 214465 12/9/2021 000072 000072 INTERWEST CONSULTING GROUP 214466 12/9/2021 001005 PEOPLEREADY INC 26941367 CONTRACTUAL SVC - ROOTED IN NATURE EVENT
248.68
Total : 248.68
214467 12/9/2021 001262 PEST OPTIONS INC 388842 NOVEMBER 2021 GOPHER CONTROL -
WINDSONG
500.00
Total : 500.00
214468 12/9/2021 000185 PITNEY BOWES 1019514911 12/16/21-03/15/22 POSTAGE METER RENTAL 97.88 Total : 97.88
214469 12/9/2021 001107 PLACEWORKS 76795 OCTOBER 2021 CONTRACTUAL SERVICES - PROJ
7,841.00
100.00OCTOBER 2021 CONTRACTUAL SERVICES -
PROJ
76796
63.75OCTOBER 2021 CONTRACTUAL SERVICES -
PROJ
76799
253.00OCTOBER 2021 CONTRACTUAL SERVICES -
PROJ
76891
63.00OCTOBER 2021 CONTRACTUAL SERVICES -
PROJ
76892
1,180.00OCTOBER 2021 CONTRACTUAL SERVICES -
CIP
76893
285.00OCTOBER 2021 CONTRACTUAL SERVICES -
PROJ
76894
285.00OCTOBER 2021 CONTRACTUAL SERVICES -
PROJ
76895
3,772.75OCTOBER 2021 CONTRACTUAL SERVICES -
HOUS
76896
Total : 13,843.50
214470 12/9/2021 000526 PRINT POSTAL 16153 NON-DEPT SUPPLIES 41.03 Total : 41.03
214471 12/9/2021 000042 PV MAINTENANCE, INC. 005-248 NOVEMBER 2021 CITYWIDE MAINTENANCE CONTR
55,153.55
Total : 55,153.55
214472 12/9/2021 000149 RIVERSIDE COUNTY EXECUTIVE, OFFICE102021 SCFA ANIMAL SHELTER FY 21/22 DEBT SVC 1 64,725.50
12/09/2021
Voucher List
City of Wildomar
4 12:43:13PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214472 12/9/2021 (Continued)000149 RIVERSIDE COUNTY EXECUTIVE, OFFICE 69,890.00OCT 2021-DEC 2021 ANIMAL SHELTERING
SVCS
2022-02WIL
Total : 134,615.50
214473 12/9/2021 001101 SIGNS BY TOMORROW 27478 COVID-19 FRONT COUNTER TI 109/110 SIGNS
1,319.10
363.18ROOTED IN NATURE EVENT27731
547.50WILDOMAR PUBLIC HEARING SIGN 20-007827783
547.50WILDOMAR PUBLIC HEARING SIGN27822
547.50WILDOMAR PUBLIC HEARING SIGN27936
Total : 3,324.78
Bank total : 462,041.94 23 Vouchers for bank code : wf 462,041.94Total vouchers :Vouchers in this report 23
12/16/2021
Voucher List
City of Wildomar
1 12:38:49PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214480 12/16/2021 000210 ALBERT A. WEBB ASSOCIATES 214599 COMMONS @ HIDDEN SPRINGS MND 17,551.25 Total : 17,551.25
214481 12/16/2021 000033 AMERICAN FORENSIC NURSES 75121 BLOOD DRAW (2) 110.00
55.00BLOOD DRAW (1)75152
55.00BLOOD DRAW (1)75153
61.22BLOOD DRAW (1)75310
61.22BLOOD DRAW (1)75320
Total : 342.44
214482 12/16/2021 000029 APPLEONE 01-6133277 BUILDING ADMIN W/E 12/04/21 848.64 Total : 848.64
214483 12/16/2021 001518 ASSISTANCE LEAGUE OF TEMECULA, VALLEY121421 OPERATION SCHOOL BELL FY21/22 4,365.57 Total : 4,365.57
214484 12/16/2021 001468 BANKS, ARRIN 120221 PLANNING COMMISSION MEETING 12/01/21 75.00 Total : 75.00
214485 12/16/2021 001419 BERNARD, BRIANNA 120221 PLANNING COMMISSION MEETING 12/01/21 75.00 Total : 75.00
214486 12/16/2021 000034 BIO-TOX LABORATORIES 42036 RC SHERIFF - LAB SERVICES 118.00
46.00RC SHERIFF - LAB SERVICES42037
Total : 164.00
214487 12/16/2021 001330 BMW MOTORCYCLES OF RIVERSIDE 6028876/1 BMW MOTORCYCLE MAINTENANCE -
SHERIFF
252.20
Total : 252.20
214488 12/16/2021 001727 CRAZY EIGHTS LLC 121521 ROW ACQUISITION CIP 059 1,825.00 Total : 1,825.00
214489 12/16/2021 000058 DEPARTMENT OF JUSTICE 547082 OCT 2021 POLICE BLOOD ALCOHOL 385.00 Total : 385.00
214490 12/16/2021 000022 EDISON 120121-0828 11/01/21-11/30/21 ELECTRIC - WILDOMAR CI 204.50 289.6411/01/21-11/30/21 ELECTRIC - CFD 2013-00120121-0962
44.1611/01/21-11/30/21 ELECTRIC - CFD 2013-00120121-1202 12/16/2021
Voucher List
City of Wildomar
2 12:38:49PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214490 12/16/2021 (Continued)000022 EDISON
254.9811/01/21-11/30/21 ELECTRIC - CFD 2013-00120121-1757 5,303.9611/01/21-11/30/21 ELECTRIC120121-4293
19.5711/01/21-11/30/21 ELECTRIC - CSA 103120121-4487
78.6511/01/21-11/30/21 ELECTRIC - CFD 2013-1120121-4845
24.2211/01/21-11/30/21 ELECTRIC - CFD 2013-00120121-7504 267.4211/01/21-11/30/21 ELECTRIC - CFD 2013-00120121-7694 157.3011/01/21-11/30/21 ELECTRIC - CFD 2013-00120121-8975 302.0311/01/21-11/30/21 ELECTRIC - CFD 2013-00120121-9127 Total : 6,946.43
214491 12/16/2021 001343 FILAR, ERIC 120221 PLANNING COMMISSION MEETING 12/01/21 75.00 Total : 75.00
214492 12/16/2021 001222 FOBRO CONSULTING LLC 126 0000348 CONTRACTUAL SVCS 07/01/21-06/30/22 AS PE
4,015.00
Total : 4,015.00
214493 12/16/2021 001728 FORENSIC NURSES OF SOCAL, INC. 1798 POLICE DEPT - SEXUAL ASSAULT EXAM 11/12/
1,200.00
800.00POLICE DEPT - SUSPECT FORENSIC EXAM
11/1
1800
800.00POLICE DEPT - PEDIATRIC FORENSIC
EXAM 11
1807
800.00POLICE DEPT - SUSPECT FORENSIC EXAM
11/2
1808
Total : 3,600.00
214494 12/16/2021 001690 GALLS, LLC 19190059 CODE ENFORCEMENT UNIFORM 929.81 929.81CODE ENFORCEMENT UNIFORM19190060
Total : 1,859.62
214495 12/16/2021 000685 GREAT AMERICA FINANCIAL SERVIC 30602133 CANON COLOR COPIER SYSTEM #003-1228588
214.24
Total : 214.24
214496 12/16/2021 001666 INFINITY TECHNOLOGIES 263 0000376 MONTHLY GIS CONTRACTUAL SERVICES - FLAT
2,000.00
Total : 2,000.00
12/16/2021
Voucher List
City of Wildomar
3 12:38:49PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214497 12/16/2021 000272 INLAND URGENT CARE 72500 PRE-EMPLOYMENT TESTING 11/22/21 A DIAZ,
190.00
Total : 190.00
214498 12/16/2021 000016 INNOVATIVE DOCUMENT SOLUTIONS 236335 11/1/21-11/30/21 CONTRACT COPIER SVCS, M
803.71
Total : 803.71
214499 12/16/2021 001640 JAMES MCMINN INC 120821 BUNDY CYN RD WIDE CIP 026-1
RCFC/TUMF/RC
36,643.74
Total : 36,643.74
214500 12/16/2021 000879 LLOYD, JOHN 120221 PLANNING COMMISSION MEETING 12/01/21 75.00 Total : 75.00
214501 12/16/2021 001107 PLACEWORKS 77095 NOVEMBER 2021 CONTRACTUAL SVCS -
ZONE CO
4,929.75
1,182.50NOVEMBER 2021 CONTRACTUAL SVCS -
CIP 025
77096
50.00NOVEMBER 2021 CONTRACTUAL SVCS -
PROJECT
77097
252.00NOVEMBER 2021 CONTRACTUAL SVCS -
PROJECT
77098
826.00NOVEMBER 2021 CONTRACTUAL SVCS -
PROJECT
77099
1,710.00NOVEMBER 2021 CONTRACTUAL SVCS -
PROJECT
77100
537.00NOVEMBER 2021 CONTRACTUAL SVCS -
PROJECT
77101
95.00NOVEMBER 2021 CONTRACTUAL SVCS -
PROJECT
77102
Total : 9,582.25
214502 12/16/2021 001720 STERICYCLE, INC 8000451245 CONTRACTUAL SHREDDING SVC (11/03/21) 164.81 Total : 164.81
214503 12/16/2021 001255 STEVE'S TOWING INC 130384 CASE WI212790025 280.00 Total : 280.00
214504 12/16/2021 001505 THE ENDEAVOR PRODUCTION, GROUP 1038 VIDEO PRODUCATION-STATE OF THE CITY 2021
850.00
12/16/2021
Voucher List
City of Wildomar
4 12:38:49PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 850.00 214504 12/16/2021 001505 001505 THE ENDEAVOR PRODUCTION, GROUP 214505 12/16/2021 001571 THE OFFICE FURNITURE EXPERT INV-11100 OFFICE FURNITURE - FS61 1,219.10 Total : 1,219.10
214506 12/16/2021 000006 WELLS FARGO PAYMENT REMITTANCE, CENTER110121 VIDEO HOSTING SOFTWARE 250.00 Total : 250.00
214507 12/16/2021 000006 WELLS FARGO PAYMENT REMITTANCE, CENTER111021 LINQ - HOTEL 124.72
79.99MARKETING PLATFORM SUBSCRIPTION111621
Total : 204.71
Bank total : 94,857.71 28 Vouchers for bank code : wf
94,857.71Total vouchers :Vouchers in this report 28
12/22/2021
Voucher List
City of Wildomar
1 2:08:40PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214510 12/22/2021 000088 ACE HARDWARE 306192/3 HR DEPT SUPPLIES 61.54
67.11MARNA OBRIEN DEPT SUPPLIES306280/3
Total : 128.65
214511 12/22/2021 000031 AFLAC, REMITTANCE PROCESSING, CENTER412103 DECEMBER 2021 MEDICAL INSURANCE
BENEFIT
2,269.24
Total : 2,269.24
214512 12/22/2021 001590 ALL AMERICAN ASPHALT 122021 0000358 CIP 057 CITYWIDE RD MAINT & REHAB PROG P
508,688.79
Total : 508,688.79
214513 12/22/2021 001627 AMERICAN EAGLE TROPHIES 6552 ACRYLIC AWARD - HR 115.28 Total : 115.28
214514 12/22/2021 001731 AVENU INSIGHTS & ANALYTICS INV06-013287 SALES & USE TAX REPORT SYST SUTA SVC FOR
6,035.49
8,935.41SALES & USE TAX REPORT SYST SUTA
DIST SV
INV06-013288
Total : 14,970.90
214515 12/22/2021 000068 COUNTY OF RIVERSIDE, FIRE DEPARTMENT234661 07/01/21-09/30/21 FIRE PROTECTION SERVIC
800,715.89
-5,141.6607/01/21-09/30/21 FIRE PROTECTION
SERVIC
234661CR
Total : 795,574.23
214516 12/22/2021 000011 CR&R INC. 2797 11/01/21-11/30/21 STREET & BIKE LAKE SWE
603.08
1,203.2411/12/21 & 11/17/21 DUMP 40 YD BOX & DIS342331
224.7112/01/21 3 YD BOX - BASEBALL FIELD342355
260.0312/01/21 3 YD BOX - FIRE STATION #61342411
Total : 2,291.06
214517 12/22/2021 000058 DEPARTMENT OF JUSTICE 540344 OCTOBER 2021 FINGERPRINT APPS 32.00 Total : 32.00
214518 12/22/2021 000027 DIRECT TV 082317220X211213 12/12/21-01/11/22 CITY HALL CABLE SERVIC 153.99 Total : 153.99
12/22/2021
Voucher List
City of Wildomar
2 2:08:40PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214519 12/22/2021 001703 DLT SOLUTIONS LLC SI540834 0000365 AUTOCAD SINGLE USER 3 DEVICES ELD INCLU
4,705.09
Total : 4,705.09
214520 12/22/2021 000075 DOGGIE WALK BAGS, INC. 0097243-IN DISPENSER BAGS - MARNA
OBRIEN/REGENCY HE
573.19
Total : 573.19
214521 12/22/2021 000022 EDISON 121421-3123 10/13/21-12/13/21 ELECTRIC - CITY HALL # 282.76 286.5510/13/21-12/13/21 ELECTRIC - CITY HALL #121421-3487 188.1710/13/21-12/13/21 ELECTRIC - CITY HALL #121421-7255
37.1110/13/21-12/13/21 ELECTRIC - CFD 2013-00121421-8408
11.4911/17/21-12/16/21 ELECTRIC - WILDOMAR
31 121721-3767
29.7011/17/21-12/16/21 ELECTRIC - 32975 WILLO121721-5249
73.9411/17/21-12/16/21 ELECTRIC - 32975 WILLO121721-7633 Total : 909.72
214522 12/22/2021 001664 EXPRESS EVENTS 121121C BREAKFAST WITH SANTA EVENT 166.80 Total : 166.80
214523 12/22/2021 001222 FOBRO CONSULTING LLC 127 0000348 CONTRACTUAL SVCS 07/01/21-06/30/22 AS PE
3,520.00
Total : 3,520.00
214524 12/22/2021 000685 GREAT AMERICA FINANCIAL SERVIC 30637801 CANON COLOR COPIER SYST. #015-1472515
359.97
214.24CANON COLOR COPIER SYST.
#016-1585799
30641917
Total : 574.21
214525 12/22/2021 000499 INLAND EMPIRE LANDSCAPE INC 37544 NOVEMBER 2021 LANDSCAPE
MAINTENANCE
14,735.66
Total : 14,735.66
214526 12/22/2021 001640 JAMES MCMINN INC 122121 BUNDY CANYON RD WIDE CIP 026-1 PROG PAY
223,316.07
Total : 223,316.07
214527 12/22/2021 001398 LUNA, CAMERON 122021 12/04/21-12/20/21 MILEAGE
REIMBURSEMENT
13.44 12/22/2021
Voucher List
City of Wildomar
3 2:08:40PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 13.44 214527 12/22/2021 001398 001398 LUNA, CAMERON 214528 12/22/2021 001337 MPS SECURITY 1548 0000357 WILDOMAR PARKS PATROL SVC - FY21/22 AS D
2,128.00
0000357 2,204.00WILDOMAR PARKS PATROL SVC - FY21/22
AS D
1591
Total : 4,332.00
214529 12/22/2021 000185 PITNEY BOWES 120621 POSTAGE METER REFILL 11/30/21 503.50 Total : 503.50
214530 12/22/2021 000526 PRINT POSTAL 16196 NON-DEPT SUPPLIES - COVID-19 82.05 Total : 82.05
214531 12/22/2021 000186 RIGHTWAY 295566 12/09/21-01/05/22 - PORTA/WASHSTN - WIND
402.00
Total : 402.00
214532 12/22/2021 001732 ROSALES, ANNELLE 122021 12/04/21-12/17/21 MILEAGE
REIMBURSEMENT
30.85 Total : 30.85
214533 12/22/2021 001393 SOCALGAS 121421 11/09/21-12/10/21 GAS - FIRE DEPT 32637 66.90 Total : 66.90
214534 12/22/2021 000790 SPARKLETTS 121121 CITY HALL DRINKING WATER THROUGH 12/11/2
119.33
Total : 119.33
214535 12/22/2021 001495 TIME WARNER CABLE 2318120821 CABLE THROUGH 01/07/22 - FS61 5.32 Total : 5.32
214536 12/22/2021 000918 TKE ENGINEERING INC 2021-1031 10/01/21-10/31/21 CONTRACTUAL
SERVICES
105.00
105.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-1032
105.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-1033
105.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-1034
105.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-1035
12/22/2021
Voucher List
City of Wildomar
4 2:08:40PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 214536 12/22/2021 (Continued)000918 TKE ENGINEERING INC 105.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-1036
560.0004/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-958
5,535.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-961
166.5007/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-962
1,048.0009/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-963
1,503.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-964
1,568.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-965
333.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-966
4,883.0009/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-967
881.5009/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-968
390.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-969
195.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-970
556.5010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-971
15,960.0010/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-972
735.0009/01/21-10/31/21 CONTRACTUAL
SERVICES
2021-973
2,205.0009/26/21-10/31/21 CONTRACTUAL
SERVICES
2021-974
Total : 37,149.50
214537 12/22/2021 001733 VP SPECIALTY OPERATIONS, BANKING MANAGER122021 CIP 057 CITYWIDE RD MAINT & REHAB PROG P
26,773.09
Total : 26,773.09
Bank total : 1,642,202.86 28 Vouchers for bank code : wf 12/22/2021
Voucher List
City of Wildomar
5 2:08:40PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 1,642,202.86Total vouchers :Vouchers in this report 28
ACH Date Payee Description Amount
12/7/2021 Wright Express Fuel Purchases 290.94$
12/15/2021 CFT NV Developments Monthly Lease Payment 37,320.23 12/17/2021 US Bank Office Supplies, Repairs &
Maintenance, and Registrations 10,591.37
12/20/2021 Enterprise Fleet Management Monthly Vehicle Lease Payment 4,179.05 TOTAL 52,381.59$
City of Wildomar
Wire Transfer Register
12/31/2021
ACH Date Payee Description Amount
12/9/2021 Heartland Payroll 11/20/2021-12/03/2021 86,336.72$ 12/23/2021 Heartland Payroll 12/04/2021-12/17/2021 89,256.98 12/31/2021 Heartland Payroll 12/01/2021-12/31/2021 1,530.24 TOTAL 177,123.94$
City of Wildomar
Payroll Warrant Register
1/1/2022
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.4
CONSENT CALENDAR
Meeting Date: January 12, 2022
TO: Mayor and City Council Members
FROM: Robert Howell, City Treasurer
SUBJECT: Treasurer’s Report
STAFF REPORT
RECOMMENDATION:
Staff recommends that the City Council approve the Treasurer’s Report for November 2021.
DISCUSSION:
Attached is the Treasurer’s Report for Cash and Investments for the month of November 2021. The City utilizes both the California State Treasurer’s Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) for its city investments. Utilizing the two investment programs allows the City to potentially increase the interest earned on the money held.
FISCAL IMPACT:
None.
Submitted by: Approved by:
Robert Howell Gary Nordquist
City Treasurer City Manager
ATTACHMENTS:
Treasurer’s Report
BEGINNING + (-) ENDING
FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO # 7,589,522.18 $ 2,016,777.40 (1,975,294.07) $ 7,631,005.51 0.000% TOTAL $ 7,589,522.18 $ 2,016,777.40 $ (1,975,294.07) $ 7,631,005.51
PERCENT
OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE All $ 9,665,604.54 $ 9,665,604.54 $ 9,665,604.54 100.00% 0 0.203% All $ 5,593,421.76 $ 5,593,421.76 $ 5,593,421.76 100.00% 0 0.050% TOTAL $ 15,259,026.30 $ 15,259,026.30 $ 15,259,026.30 100.00% CITY $ 22,890,031.81
(-)
+ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING STATED
FUND BALANCE PURCHASES MATURITIES BALANCE RATE
All $ 9,665,604.54 $ 0.00 $ 0.00 $ 9,665,604.54 0.203% All $ 5,593,189.19 $ 232.57 $ 0.00 $ 5,593,421.76 0.050% TOTAL $ 15,258,793.73 $ 232.57 $ 0.00 $ 15,259,026.30
CITY OF WILDOMAR
TREASURER'S REPORT FOR
CASH AND INVESTMENT PORTFOLIO
November 2021
TOTAL CASH AND INVESTMENT
CITY INVESTMENT
In compliance with the California Code Section 53646, as City Treasurer for the City of Wildomar, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months, and that all investments are in compliance with the City's Statement of Investment Policy.
I also certify that this report reflects all Government Agency pooled investments and all of the City's Bank Balances.
CITY CASH
ISSUER
CALIFORNIA ASSET MANAGEMENT PROGRAM
CALIFORNIA ASSET MANAGEMENT PROGRAM
CITY INVESTMENT (Continued)
LOCAL AGENCY INVESTMENT FUND
LOCAL AGENCY INVESTMENT FUNDS
ISSUER
Robert Howell
Robert Howell
City Treasurer
Date
1/5/2022
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.5
CONSENT CALENDAR
Meeting Date: January 12, 2022
TO: Mayor and City Council Members
FROM: Matthew C. Bassi, Planning Director
SUBJECT: 2
nd Reading of Ordinance No. 209 – Monte Vista Ranch Townhome Project
STAFF REPORT
RECOMMENDATION:
The Planning Commission recommends that the City Council adopt the following Ordinances entitled:
ORDINANCE NO. 209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, APPROVING CHANGE OF ZONE NO.
21-0045 TO CHANGE THE EXISTING ZONING DESIGNATION
FROM C-O (COMMERCIAL OFFICE) TO R-3 (GENERAL
RESIDENTIAL) FOR A 7.93-ACRE SITE LOCATED ON NORTHEAST
CORNER OF MONTE VISTA DRIVE AND SUMMER SAGE WAY
(APN: 367-502-002, 367-502-003, 367-502-004)
DISCUSSION:
The City Council approved the first reading of Ordinance No. 20 9 at the December 15, 2021 City Council meeting for the Monte Vista Ranch Townhome Project (PA 21-0045).
At this time, it would be appropriate for the City Council to adopt Ordinance No. 203.
Submitted by: Approved by:
Matthew Bassi Gary Nordquist
Planning Director City Manager
ATTACHMENT:
A. Ordinance No. 209
ATTACHMENT A
Ordinance No. 209
ORDINANCE NO. 209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, APPROVING CHANGE OF ZONE NO.
21-0045 TO CHANGE THE EXISTING ZONING DESIGNATION
FROM C-O (COMMERCIAL OFFICE) TO R- 3 (GENERAL
RESIDENTIAL) FOR A 7.93-ACRE SITE LOCATED ON
NORTHEAST CORNER OF MONTE VISTA DRIVE AND SUMMER
SAGE WAY (APN: 367-502-002, 367-502-003, 367-502-004)
THE WILDOMAR CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. CEQA ENVIRONMENTAL DETERMINATION
The approval of General Plan Amendment No. 2021-04 (PA 21- 0045) is in compliance with requirements of the California Environmental Quality Act (“CEQA”), in that on December 15, 2021, at a duly noticed public hearing, the City Council adopted the Initial Study/Mitigated Negative Declaration ( SCH No. 2021080301) , including the Mitigation Monitoring and Reporting Program r eflecting its independent judgment and analysis and documenting the environmental impacts and mitigation measures related to the proposed Change of Zone No. 21- 0045 for the Monte Vista Ranch II Townhome project. The documents comprising the City’s environmental review for the project are on file and available for public review at Wildomar City Hall, 23873 Clinton Keith Road, Suite 201, Wildomar, CA 92595.
SECTION 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) The proposed General Plan Amendment No. 2021-04 (PA 21-0045) for the Monte Vista Ranch II Townhome project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area and mitigation is provided through payment of the MSHCP Mitigation Fee.
SECTION 3. CHANGE OF ZONE FINDINGS
In accordance with the State of California, Government Code 65856 and 65857 and Chapter 17.280 of the Zoning Ordinance, the City Council, in light of the whole record before it, including but not limited to the Planning Department’s staff report and all documents incorporated by reference herein, the City’s General Plan and any other evidence within the record or provided at the public hearing of this matter, finds and determines as follows:
A. The proposed change of zone is in conformance with the adopted General Plan for the City of Wildomar.
Evidence: The propos al to change the zoning map from the existing zoning designation of C -O (Commercial Office) to R -3 (General Residential) for the 7.93 acre site is highly consistent with the Wildomar General Pla n in that the HDR land use designation is intended to encourage the development of multi -family housing, especially for -sale townhomes/condominiums which provides for valuable home ownership opportunities for Wildomar residents. The proposed zone change to R-3 will also be consistent with and implement the following goals and polices of the General Plan:
LU 2.1 The proposed project will accommodate a land use development that is in accordance with patterns and distribution of land uses that are depicted on the General Plan Land Use map proposed for the subject site.
LU 4.1 The proposed project will accommodate a land use development proposal that is located and designed to visually enhance and not degrade the character of the surrounding area.
LU 6.1 The proposed project will be developed in accordance with the proposed General Plan land use designation that ensures compatibility and minimizes impacts.
LU 22.1 The proposed project will accommodate the development of single family detached dwellings in an area that is appropriately designated by the General Plan.
LU 22.4 The proposed project will provide a specific housing type, style and density that is accessible to and, meets the needs, of a range of lifestyles, physical abilities and income levels.
LU 22.10 The proposed project is designed to consider the surrounding areas to visually enhance, and not degrade, the appearance of adjacent residential structures.
LU23.6 The proposed project will have proper mitigation measures to protect the neighboring residential areas from n oise, light, fumes, odors, vehicular traffic, parking and operational hazards.
LU23.7 The proposed project will be served by water and sewer along provided by EVMWD to meet the project demands.
LU23.1 The proposed project will accommodate the development of a new hotel that will provide jobs and sales tax revenues for the general fund.
LU24.1 The proposed project will accommodate the development of a new business park land uses that will provide jobs and sales tax revenues for the general fund.
LU24.8 The proposed project will accommodate a land use development proposal that is located and designed to visually enhance and not degrade the character of the surrounding area.
H-1.1 The proposed single family project will help ensure a sufficient supply of properly planned land to meet housing needs identified in the City’s Regional Housing Needs Allocation (RHNA) required in the Housing Element.
H-6.1 The proposed single project will utilize energy conservation measures in that each enclosed garage space is conditioned to have an EV charging outlet for electric vehicles, and will be designed to meet Cal- Green Building code standards.
SECTION 4: AMENDMENT TO THE ZONING MAP
The City Council, based on the findings above, hereby approves Change of Zone No. 21-0045 to change the existing zoning form C-O (Commercial Office) to R-3 (General Residential) for the property identified as APN: 367-502-002, 367-502-003, 367-502-004 located at the northeast Corner of Monte Vista Drive & Summer Sage Way as illustrated herein as Exhibit 1 to this Ordinance.
SECTION 5. EFFECTIVE DATE OF THE ORDINANCE.
This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.
SECTION 6 SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).
PASSED, APPROVED AND ADOPTED, this 12th day of January, 2022.
_______________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ ________________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
EXHIBIT 1
(APN: 367-502-002, 367-502-003, 367-502-004)
Zone Change
Subject Site to R-3
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.6
CONSENT CALENDAR
Meeting Date: January 12, 2022
______________________________________________________________________
TO: Mayor and City Council Members
FROM: Dan York, Assistant City Manager
PREPARED: Emily Stadnik, Land Development Manager
SUBJECT: Horizons by Lennar Homes, Tentative Tract Map 36672 Rough Grading Agreement
STAFF REPORT
RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to execute the Rough Grading Agreement with Lennar Homes of California, Inc.
BACKGROUND:
On February 10, 2016, the City Council adopted Resolution No. 2016- 15 approving Tentative Tract Map No. 36672 to subdivide the approximate 18.41 site into three (3) lots to accommodate the proposed project located at the northwest corner of Elizabeth Lane and Prielipp Road. An aerial image of the project site and the surrounding area is provided in Attachment A. On October 7, 2020, the Planning Commission approved a minor change to Tentative Tract Map No. 36672. All the original conditions of approval and mitigation measures adopted by the City Council remained in full force and effect.
Tentative Tract Map No. 36672’s approved expiration date is February 10, 2022. On March 10, 2021, the City Council approved the final map for Tract No. 36672 and executed Subdivision Improve ment Agreements for all the lots. The grading and improvement plans for this residential development are currently being processed with the City.
DISCUSSION:
Rough Grading Agreement
The Developer is processing rough grading plans for the project. In order to complete rough grading activities, the Developer is required to enter into a Rough Grading Agreement (Attachment B ) which identif ies the Developer’s obligations to the City in performing and completing the rough grading construction. The agreement also provides the City with bonds to secure the rough grading activities. If the Developer fails to fulfill their obligations, the bonds provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition. The bonds are based on the Developer’s engineer’s grading bond estimate and is included in Attachment B.
Staff is requesting that the City Council authorize the City Manager to execute the Rough Grading Agreement with Lennar Homes of California, Inc.
FISCAL IMPACT:
There are no fiscal im pacts to the City at this time. All costs related to this process are covered by developer deposits.
Submitted by: Approved by:
Daniel A. York Gary Nordquist
Assistant City Manager, City Manager
Public Works Director/City Engineer
ATTACHMENTS:
A. Aerial Image of Horizons by Lennar Homes, Tract Map No. 36672 B. Rough Grading Agreement, Bond, and Grading Bond Estimate
ATTACHMENT A
Aerial Image of
Horizons by Lennar Homes TR36672 Project
(highlighted in yellow)
ATTACHMENT B
Rough Grading Agreement, Bond and
Grading Bond Estimate
RIV #4849-0958-0384 v2
AGREEMENT
FOR ROUGH GRADING PROJECTS
This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, and Lennar Homes of California, Inc., hereinafter called Landowner.
WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as Horizons by Lennar Homes (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter- Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of Nine Hundred Fifty-Three Thousand Five Hundred and 00/100 Dollars ($953,500.00), which covers rough grading only.
SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties.
FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.
FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions.
RIV #4849-0958-0384 v2
SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work.
SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law.
EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon.
TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner.
ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
THIRTEENTH: The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to RIV #4849-0958-0384 v2
execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement.
FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
City Landowner
City of Wildomar Lennar Homes of California, Inc.
Public Works/Engineering Department Geoffrey Smith, Vice President 23873 Clinton Keith Rd., Suite 201 980 Montecito Drive, Suite 302 Wildomar, CA 92595 Corona, CA 92879
(951) 677-7751 (951) 817-3542
(951) 698-1463
FIFTEENTH: Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
City of Wildomar
Grading Bond Estimate Worksheet
For Onsite and Offsite Grading (includes streets)
Parcel Map/Tract Map No: TM 36672 Date: 10/28/2021
PP, CU, PU, MS OR VL No: City Project No: 21-0117
Quantity Unit Unit Cost Amount
1 LS 35,000.00 $ 35,000.00 $
1 LS 10,000.00 $ 10,000.00 $
1 LS 5,000.00 $ 5,000.00 $
223,155 CY 2.00 $ 446,310.00 $
46,246 CY 1.10 $ 50,870.60 $
450 SF 40.00 $ 18,000.00 $
5,700 SF 40.00 $ 228,000.00 $
975 LF 27.00 $ 26,325.00 $
3,565 LF 4.00 $ 14,260.00 $
4 EA 2,000.00 $ 8,000.00 $
920 LF 27.00 $ 24,840.00 $
5 EA 27.00 $ 135.00 $
86,674.06 $
953,500.00 $
10/28/2021
Signature Date
John D. Tanner III
Name (type or printed)
60132 6/30/2022
RCE No. Expiration Date
Civil Engineer's Stamp
1. Quantities are to be taken from the Improvement Plans.
2. Show Performance Bond Amounts to the nearest $500.00.
3. For Construction items not covered by this worksheet, Design Engineer is to provide his opinion of construction cost and use that cost.
Offsite Retaining Walls
Onsite Retaining Walls
Mobilization
Item
Erosion Control
Rough Grading
Demolition and Removal
Contractor Mobilization
Import and Export Material
Mass Excavation
Clearing and Grubbing
Temporary Facilities and Utilities
Place Gravel Bags to Protect Catch Basin
Place Gravel Bags to Prevent Scour
Install Stabilized Construction Entrance
Silt Fence
Place Gravel Bags 2 Course High
*** PLEASE READ INSTRUCTIONS BELOW ***
Total
10% Contingency
Horizons - Project No. 21-0117
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.7
CONSENT CALENDAR
Meeting Date: January 12, 2022
______________________________________________________________________
TO: Mayor and City Council Members
FROM: Kimberly Davidson, Economic Development Director
SUBJECT: Professional Services Agreement for Kosm ont Companies to conduct a Hotel Market Analysis in Wildomar
RECOMMENDATION:
Staff recommends that the City Council approve the a ttached Agreement for Services with the Kosmont Companies to prepare a Hotel Market Analysis.
STAFF REPORT
BACKGROUND:
The City is currently seeking assistance with economic development initiatives focused primarily on opportunities and development strategies that would result in an improved economic environment and related increased fiscal revenues for the City. The City sees opportunity sites along Clinton Keith Road and Wildomar Trail as well-suited for hotel development, given the proximity to I -15, as well as Inland Valley Medical Center and other regional attraction s. Kosmont has previously (December 2020) assisted the City with a Commercial Market Analysis that provided demographic and market information and a high- level assessment of development and commer cial opportunity areas.
Consultant can build upon this previ ous work to provide a Hotel Market and Site Analysis that is specifically targeted toward hotel market information and development opportunities. This analysis is needed for the proper marketing of sites to hoteliers.
DISCUSSION:
This Hotel Market Analysis will provide data to show areas of opportunity for Wildomar’s growth, allowing the City and business interests to have a clear, data- driven vision of the hotel development opportunities in the City of Wildomar. The City has never had such a report to sha re with hoteliers, and has been requested by hoteliers as a starting point for discussion.
Staff met with hoteliers at the recent ICSC conference and the common request to consider locating in Wildomar was a site- specific hotel study . The data from this report will be an essential step to hav ing meaningful conversations about Wildomar with targeted hoteliers and hotel developers.
FISCAL IMPACT:
The cost of the study is $ 19,000 and was approved as part of the FY 202 1-22 Budget process.
Submitted by: Approved by:
Kimberly Davidson Gary Nordquist
Economic Development Director City Manager
ATTACHMENTS:
Agreement for Services
Kosmont Proposal
// 2021
RIV #4814-7282-0706 v1
AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
KOSMONT & ASSOCIATES, INC.
RIV #4814-7282-0706 v1 - 1 -
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
KOSMONT & ASSOCIATES, INC.
This Agreement for Services (“Agreement”) is entered into as of this 12th day of January, 2022 by and between the City of Wildomar, a municipal corporation (“City”) and Kosmont & Associates, Inc . (DBA Kosmont Companies), an S -Corp company (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by informal quote, the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a quote, for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Secti on 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 3 months commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services . Service Provider agrees to perform the services se t forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
RIV #4814-7282-0706 v1 - 2 -
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforc e the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional servi ces are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed nineteen thousand dollars ($19,000), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendm ent” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shal l independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service RIV #4814-7282-0706 v1 - 3 -
Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s wor k under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Pro vider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, survey s, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer fil es, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
RIV #4814-7282-0706 v1 - 4 -
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shal l maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s busi ness, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in per formance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or RIV #4814-7282-0706 v1 - 5 -
scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provi der’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar t o the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agre ement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
RIV #4814-7282-0706 v1 - 6 -
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be im posed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
RIV #4814-7282-0706 v1 - 7 -
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning th e work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontr actor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suit s, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert wit ness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, includ ing but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service RIV #4814-7282-0706 v1 - 8 -
Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub- Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider ar e material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that int erest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted as signment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” C ity acknowledges, however, that Service Provider, in the RIV #4814-7282-0706 v1 - 9 -
performance of its duties pursuant to this Agreement, may utilize sub-contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payme nt” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
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SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
To Service Provider: Ken Hira, President
Kosmont Companies
1601 N. Sepulveda Blvd. #382
Manhattan Beach, CA 90266
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or vi olation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding RIV #4814-7282-0706 v1 - 12 -
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
___________________________
Gary Nordquist
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk
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APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
___________________________________
“Service Provider”: Kosmont & Associates, Inc.
By: __________________________ By: _______________________________
Name:___________________________ Name: ____________________________
Its (Title):_________________________ Its (Title): __________________________ NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
RIV #4814-7282-0706 v1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
RIV #4814-7282-0706 v1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Stat e of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
RIV #4814-7282-0706 v1
EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
Task 1: Background Research and Kickoff Meeting
Kosmont will participate in a kick-off meeting with City staff to establish objectives; obtain information on proposed opportunity sites (e.g., ownership history, zoning/land uses); gather previously prepared hotel/economic development market studies, including visitor data; and identify up to four (4) potential opportunity site(s) for potential hotel/blended- use development.
Task 2: Hotel Market Review
Consultant will review hotel supply offerings for the local market and map and describe competitive hotel offerings. Consultant will analyze historic trends and evaluate key market supply and demand data to assess general feasibility for hotel development. Key metrics considered in this Analysis may include hotel average daily rates (ADR), occupancy, revenue per available room (RevPAR), existing supply of room nights, demand for room nights, market trends, construction trends, room tax collection trends, and/or other factors that may impact market potential for hospitality uses as deemed relevant by Kosmont. Consultant will identify a set of competitive hotels in the market and analyze occupancy, ADR’s, and RevPAR for this competitive set, based on Smith Travel Research ("STR") data.
Task 3: Review of Potential Hotel Locations
Consultant will discuss with the City up to four (4) potential hotel locations that may be appropriate for the development of a hotel(s). Consultant will provide summary observations on its opinion of the suitability of the hotel locations.
Task 4: Summary Report of Hotel Market Analysis
Results from the data collection and analysis conducted in Task 1 – 3 will be summarized in PowerPoint presentation format. Consultant will provide Client a draft version of the summary presentation for Client’s comments and, as appropriate, Consultant will incorporate Client’s comments into a final summary report.
II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:
Results from the data collection and analysis conducted in Task 1 – 3 will be summarized in PowerPoint presentation format. Consultant will provide Client a draft version of the summary presentation for Client’s comments and, as appropriate, Consultant will incorporate Client’s comments into a final summary report.
III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:
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Results from the data collection and analysis conducted in Task 1 – 3 will be summarized in PowerPoint presentation format. Consultant will provide Client a draft version of the summary presentation for Client’s comments and, as appropriate, Consultant will incorporate Client’s comments into a final summary report.
IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:
Final Summary Report to be finalized and delivered to the City by May 1, 2022.
V. Service Provider will utilize the following personnel to accomplish the Services:
Ken K. Hira President and Robert Valenti VP, Kosmont Companies
VI. Service Provider will utilize the following subcontractors to accomplish the Services:
No subs will be used for this study.
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B-1
EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:
Chairman & CEO $395.00/hour
President $365.00/hour
Senior Vice President/Senior Advisor $325.00/hour
Vice President/Project Advisor $225.00/hour
Senior Project Analyst $195.00/hour
Project Analyst/Project Research $165.00/hour
Assistant Project Analyst/Assistant Project Manager $125.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 70.00/hour
II. Service Provider may utilize sub-contractors as indicated in this Agreement.
The hourly rate for any subcontractor is not to exceed $165.00 per hour without written authorization from the City Manager or his designee.
III. The total compensation for the Services shall not exceed $19,000.00, as provided in Section 4 “Compensation and Method of Payment” of this Agreement.
RIV #4814-7282-0706 v1
Exhibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and person al & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or c laim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of three (3) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endors ement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed wi th a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
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Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 1230 Rosecrans Ave., #630 Manhattan Beach, CA 90266 www.kosmont.com Manhattan Beach, CA 90266
December 21, 2021
Kimberly Davidson
Economic Development Director
City of Wildomar
23873 Clinton Keith Road
Wildomar, CA 92595
Re: Proposal for Services for Hotel Market Analysis Services
Dear Ms. Davidson,
Kosmont & Associates, Inc. doing business as Kosmont Companies (“Consultant” or “Kosmont”) is pleased to present this proposal for economic development advisory services to the City of Wildomar (“City” or “Client”) in connection with the preparation of a Hotel Market and Site Analysis (“Analysis”) for potential new hotel(s) within the City.
This proposal serves as an Agreement when executed and returned by Client to Kosmont.
I. BACKGROUND AND OBJECTIVE
The City is currently seeking assistance with economic development initiatives focused primarily on opportunities and development strategies that would result in an improved economic environment and related increased fiscal revenues for the City. The City sees opportunity sites along Clinton Keith Road as well-suited for hotel development, given the proximity to I-15 and the Inland Valley Medical Center . Kosmont has previously assisted the City with a Commercial Market Analysis that provided demographic and market information and a high-level assessment of development and commercial opportunity areas. Consultant can build upon this previous work to provide a Hotel Market and Site Analysis that is spec ifically targeted toward hotel market information and development opportunities.
Kosmont proposes the following scope of services accordingly.
II. SCOPE OF SERVICES
Approach to Tasks: The prospective assignment and consulting services that Kosmont will provide will be of a relatively limited scope and duration, and advisory in nature. Kosmont will be making recommendations only, which advise the Client and jurisdictions, including their elected officials, appointed officials, and staff, which they can accept or reject by. None of Kosmont's staff will act in a capacity as an elected official, nor appointed official, nor as staff, nor as serving in a "designated" position.
City of Wildomar
Hotel Market Analysis
December 21, 2021
Kosmont Companies 2 | P a g e
(424) 297-1070
www.kosmont.com
Task 1: Background Research and Kickoff Meeting
Kosmont will participate in a kick -off meeting with City staff to establish objectives; obtain information on proposed opportunity sites (e.g., ownership history, zoning/land uses); gather previously prepared hotel/economic development market studies, including visitor data; and identify up to four (4) potential opportunity site(s) for potential hotel/blended-use development.
Task 2: Hotel Market Review
Consultant will review hotel supply offerings for the local market and map and describe competitive hotel offerings. Consultant will analyze historic trends and evaluate key market supply and demand data to assess general feasibility for hotel development. Key metrics considered in this Analysis may include hotel average daily rates (ADR), occupancy, revenue per available room (RevPAR), existing supply of room nights, demand for room nights, market trends, construction trends, room tax collection trends, and/or other factors that may impact market potential for hospitality uses as deemed relevant by Kosmont. Consultant will identif y a set of competitive hotels in the market and analyze occupancy, ADR’s, and RevPAR for this competitive set, based on Smith Travel Research ("STR") data.
Task 3: Review of Potential Hotel Locations
Consultant will discuss with the City up to four (4) potential hotel locations that may be appropriate for the development of a hotel(s). Consultant will provide summary observations on its opinion of the suitability of the hotel locations.
Task 4: Summary Report of Hotel Market Analysis
Results from the data collection and analysis conducted in Task 1 – 3 will be summarized in PowerPoint presentation format. Consultant will provide Client a draft version of the summary presentation for Client’s comments and, as appropriate, Consultant will incorporate Cli ent’s comments into a final summary report.
III. SCHEDULE AND REQUIRED DATA
Consultant is prepared to commence work upon receipt of executed Agreement. Client will provide Consultant with relevant existing project data including relevant existing project / property / market data, ownership / zoning / parcel information, transactional documents, and previous analyses.
IV. COMPENSATION
Compensation for Tasks 1 through 4 is estimated at $ 17,500 for professional services (hourly) fees at Consultant’s billing rates as shown on Attachment A. Future increases in budget will require approval by Client in advance. Budget may be increased by Client at any time.
City of Wildomar
Hotel Market Analysis
December 21, 2021
Kosmont Companies 3 | P a g e
(424) 297-1070
www.kosmont.com
Consultant anticipates a single consolidated round of Client comments and revisions on draft work product before Kosmont provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis.
Consultant’s attendance or participation at any publicly noticed meeting, whe ther such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other), as requested by Client is in addition to compensation for Tasks 1 through 4 and will be billed at the professional services (hourly) fees as shown on Attachment A.
Services will be invoiced monthly at Consultant’s standard billing rates, as shown on Attachment A. In addition to professional services (hourly) fees, invoices will include reimbursement for out - of-pocket expenses such as travel and mileage (provided that there shall be no overnight travel without the Client’s prior approval and that mileage shall be reimbursed at the current IRS mileage reimbursement rate), professional printing, conference calls, and delivery charges for messenger and overnight packages at actual cost. Unless otherwise agreed to in advance, out-of-area travel, if any, requires advance funding of flights and hotel accommodations.
Consultant will also include in each invoice an administrative services fee to cover in-house copy, fax, telephone and postage costs equal to four percent (4.0%) of Consultant’s monthly professional service fees incurred. Any unpaid invoices after 30 days shall accrue interest at the rate of 10% per annum.
For the convenience of Kosmont’s clients, we offer a secure credit card payment service. The credit card payment link is: https://kosmont.paidyet.com and there are two ways to make a secure credit card payment:
1. Fill in the “Make a Payment” form when you go to the link (https://kosmont.paidyet.com), or
2. Call Kosmont Companies’ accounting desk (Ms. Charo Martinez; (424) 297-1072) to make a credit card payment
Consultant is prepared to commence work upon receipt of executed Agreement.
DISCLOSURE: Compensation for possible future transaction-based services or brokerage services.
The following is being provided solely as an advance disclosure of possible real estate brokerage and finance services and potential compensation for such services. This disclosure is not intended to commit the Client.
When assignments involve real estate/property brokerage services, such transaction -based services are typically provided by Kosmont Real Estate Services, Inc. dba Kosmont Realty (“KR”) is licensed by the State of California Department of Real Estate (License# 02058445).
Compensation to KR is typically paid through commissions for property sale transactions, lease transactions and success/broker fees. KR also provides Broker Opinions of Value (“BOV”) services on a fixed fee basis.
City of Wildomar
Hotel Market Analysis
December 21, 2021
Kosmont Companies 4 | P a g e
(424) 297-1070
www.kosmont.com
When assignments involve public finance services on behalf of a public agency, such municipal advisory services are provided by Kosmont Transactions Services, Inc. (“KTS”). KTS is registered with the Securities and Exchange Commission (CIK# 0001769359) and the Municipal Securities Rulemaking Board as a Municipal Advisor (ID# K1256).
SEC registration does not constitute an endorsement of the fir m by the Commission or state securities regulators.
V. OTHER PROVISIONS
A. Termination. Client or Consultant shall have the right to terminate this Agreement at any time upon written notification to the other party. Payment for fees accrued through the date of termination shall be remitted in full.
B. Arbitration. Any controversy or claim arising out of or in relation to this Agreement, or the making, performance, interpretation or breach thereof, shall be settled by arbitr ation at JAMS in Los Angeles, California. Each of the parties to such arbitration proceeding shall be entitled to take up to five depositions with document requests. The provisions of Section 1283.05 (except subdivision (e) thereof) of the California C ode of Civil Procedure are incorporated by reference herein, except to the extent they conflict with this Agreement, in which case this Agreement is controlling. If the matter is heard by only one arbitrator, such arbitrator shall be a member of the State Bar of California or a retired judge. If the matter is heard by an arbitration panel, at least one member of such panel shall be a member of the State Bar of California or a retired judge.
The arbitrator or arbitrators shall decide all questions of law, and all mixed questions of law and fact, in accordance with the substantive law of the State of California to the end that all rights and defenses which either party may have asserted in a court of competent jurisdiction shall be fully available to such p arty in the arbitration proceeding contemplated hereby. The arbitrator and arbitrators shall set forth and deliver their findings of fact and conclusions of law with the delivery of the arbitration award. Judgment upon the award rendered shall be final a nd non-appealable and may be entered in any court having jurisdiction.
C. Attorneys' Fees. In the event of any legal action, arbitration, or proceeding arising out of an alleged breach of this Agreement, the party prevailing in such legal action, arbitration, or proceeding shall be entitled to recover reasonable attorneys' fees, expenses and costs, as well as all actual attorneys' fees, expenses and cost incurred in enforcing any judgment entered.
D. Authority. Each of the parties executin g this Agreement warrants that persons duly authorized to bind each such party to its terms execute this Agreement.
E. Further Actions. The parties agree to execute such additional documents and take such further actions as may be necessary to carry out the provisions and intent of this Agreement.
F. Assignment. Neither this Agreement nor any of the rights or obligations hereunder may be assigned by either party without the prior written consent of the other party.
City of Wildomar
Hotel Market Analysis
December 21, 2021
Kosmont Companies 5 | P a g e
(424) 297-1070
www.kosmont.com
G. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
H. Entire Agreement; Amendments and Waivers. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and any and all prior discussions, negotiations, commitments and understanding, whether written or oral, related hereto are superseded hereby. No addition or modification of any term or provision of this Agreement shall be effective unless set forth in writing signed by both parties. No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver con stitute a continuing waiver of such provisions unless otherwise expressly provided. Each party to this Agreement has participated in its drafting and, therefore, ambiguities in this Agreement will not be construed against any party to this Agreement.
I. Severability. If any term or provision of this Agreement shall be deemed invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and in force to the fullest extent permitted by law.
J. Notices. All notices, requests, demands and other communications which may be required under this Agreement shall be in writing and shall be deemed to have been received when transmitted; if personally delivered, if transmitted by telecopier, electronic or digital transmission method, upon transmission; if sent by next day delivery to a domestic address by a recognized overnight delivery service (e.g., Federal Express), the day after it is sent; and if sent by certified or registered mail, return receipt requested, upon receipt. In each case, notice shall be sent to the principal place of business of the respective party. Either party may change its address by giving written notice thereof to the other in accordance with the provisions of this paragraph.
K. Titles and Captions. Titles and captions contained in this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision herein.
L. Governing Law. The statutory, administrative and judicial law of the State of California (without reference to choice of law provisions of California law) shall govern the execution and performance of this Agreement.
M. Confidentiality. Each of the parties agrees not to disclose this Agreement or any information concerning this Agreement to any persons or entities, other than to their attorneys and accountants, or as otherwise may be required by law.
N. Counterparts. This Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which together constitute one and the same instrument. The signature of any person on a telecopy of this Agreement, or any notice, action or consent taken pursuant to this Agreement shall have the same full force and effect as such person's original signature.
City of Wildomar
Hotel Market Analysis
December 21, 2021
Kosmont Companies 6 | P a g e
(424) 297-1070
www.kosmont.com
O. Disclaimer. Consultant’s financial analysis activities and work product, which may include but is not limited to pro forma analysis a nd tax projections, are projections only. Actual results may differ materially from those expressed in the analysis performed by Consultant due to the integrity of data received, market conditions, economic events and conditions, and a variety of factors that could materially affect the data and conclusions. Client’s reliance on Consultant’s analysis must consider the foregoing.
Consultant services outlined and described herein are advisory services only. Any decisions or actions taken or not taken by Client and affiliates, are deemed to be based on Client’s understanding and by execution of this Agreement, acknowledgement that Consultant’s services are advisory only and as such, cannot be relied on as to the results, performance and conclusions of any investment or project that Client may or may not undertake as related to the services provided including any verbal or written communications by and between the Client and Consultant.
Client acknowledges that Consultant's use of work product is limited to the purposes contemplated within this Agreement. Consultant makes no representation of the work product's application to, or suitability for use in, circumstances not contemplated by the scope of work under this Agreement.
P. Limitation of Damages. In the event Consultant is found liable for any violation of duty, whether in tort or in contract, damages shall be limited to the amount Consultant has received from Client.
Q. Force Majeure. Consultant shall not be liable for failur e or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by significant circumstances beyond its reasonable control, including, without limitation: epidemic; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; riots; wide-spread power failures and wide-spread internet failure. Contractual performance and deadline(s) shall be extended for a period equal to the time lost by reason of the delay.
R. Expiration of Proposal for Services . If this Agreement is not fully executed by the parties within thirty (30) days from the date of this letter, this proposal shall expire.
S. Not an agreement for Legal Services or Legal Advice. This Agreement does not constitute an agreement for the performance of legal services or the provision of legal advice, or legal opinion. Client should seek independent legal counsel on matters for which Client is seeking legal advice.
[ signature page follows ]
City of Wildomar
Hotel Market Analysis
December 21, 2021
Kosmont Companies 7 | P a g e
(424) 297-1070
www.kosmont.com
VI. ACCEPTANCE AND AUTHORIZATION
If this Agreement is acceptable to Client, please execute two copies of the Agreement and return both originals to Kosmont Companies. Upon receipt of both signed contracts, we will return one fully executed original for your files. Kosmont will commence work upon receipt of executed Agreement.
Read, understood, and agreed to this
____ Day of _______________ 2021
City of Wildomar Kosmont & Associates, Inc.
doing business as “Kosmont Companies”
By: _________________________ By: _________________________ (Signature) (Signature)
Name: Name: Ken K. Hira
(Print Name)
Its: Its: President
(Title)
ATTACHMENT A
Kosmont Companies
2022 Public Agency Fee Schedule
Kosmont Companies 8 | P a g e
(424) 297-1070
www.kosmont.com
Professional Services
Chairman & CEO $395.00/hour
President $365.00/hour
Senior Vice President/Senior Advisor $325.00/hour
Vice President/Project Advisor $225.00/hour Senior Project Analyst $195.00/hour
Project Analyst/Project Research $165.00/hour
Assistant Project Analyst/Assistant Project Manager $125.00/hour Project Promotion/Graphics/GIS Mapping Services $ 95.00/hour Clerical Support $ 70.00/hour
Additional Expenses
In addition to professional services (labor fees):
1) An administrative fee for in-house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Companies professional se rvice fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis eg ESRI, Placer.ai, CoStar/STR, IMPLAN and other based on quoted project cost . 4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1X (times) fees and costs. 5) Consultant’s attendance or participation at any public meeting , whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other) requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown on this Attachment A.
• Charges for Court/Deposition/Expert Witness-Related Appearances Court-related (non-preparation) activities, such as court appearances, depositions, mediation, arbitration, dispute resolution and other expert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.
Rates shall remain in effect until December 31, 2022.
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.8
CONSENT CALENDAR
Meeting Date: January 12, 2022
______________________________________________________________________
TO: Honorable Mayor and City Council Members
FROM: Robert Howell, Administrative Services Director
James R. Riley, Project Consultant
SUBJECT: City of Wildomar Recovered Organic Waste Product Procurement Policy
STAFF REPORT
RECOMMENDATION:
Staff recommends that the City Council adopt the Recovered Organic Waste Product Procurement Policy in accordance with California Senate Bill (SB) 1383
DISCUSSION:
SB 1383 regulations (14 CCR Section 18993.1(a)), require a jurisdiction, as of January 1, 2022, to annually procure a CalRecycle- defined quantity of recovered organic waste products. Each jurisdiction’s annual recovered organic waste product procurement target will be calculated by multiplying the jurisdiction’s population by 0.08 tons of organic waste per California resident. In addition, SB 1383 regulat ions require that jurisdictions purchase, and vendors supply, paper that meets specified recycled- content standards pursuant to 14 CCR Section 18993.3. The SB 1383 regulatory requirement to purchase recycled-content paper products and print ing and writing paper applies to all departments in a jurisdiction that purchase such paper, and shall not be limited to the department tasked with obtaining records to confirm compliance with the SB 1383 regulatory requirements and the jurisdiction’s procurement policy.
To meet these requirements, staff has prepared a Recovered Organic Waste Product Procurement Policy based the CalRecycle Model Recovered Organic Waste Product Procurement Policy. This policy would be effective retroactively to January 1, 2022.
FISCAL IMPACT:
The costs associated with the requirements of this policy have been determined to be minimal and have been included in the City’s fiscal year 2021-22 budget.
Submitted by: Approved by:
Robert Howell Gary Nordquist
Administrative Services Director City Manager
ATTACHMENTS:
City of Wildomar Recovered Organic Waste Product Procurement Policy -1- [City of Wildomar]
[Procurement Policy]
CITY OF WILDOMAR RECOVERED ORGANIC 1
WASTE PRODUCT PROCUREMENT POLICY 2
SECTION 1. PURPOSE 3
A. It is the policy of the City of Wildomar (“City”) , applicable to all departments and 4 divisions, to incorporate environmental considerations including recycled -content 5 and recovered Organic Waste product use into purchasing practices and 6 procurement. This Recovered Organic Waste Product Procurement Policy (Policy) 7 will help the City to: 8
1. Protect and conserve natural resources, water, and energy; 9
2. Minimize the City’s contribution to climate change, pollution, and solid waste 10 disposal; and, 11
3. Comply with State requirements as contained in 14 CCR Division 7, Chapter 12 12, Article 12 ( SB 1383 procurement regulations) to procure a specified 13 amount of R ecovered Organic Waste Products to support Organic Waste 14 disposal reduction targets and markets for products made from recycled 15 and recovered Organic Waste materials, and to purchase Recycled -16 Content Paper Products and Recycled-Content Printing and Writing Paper. 17 SECTION 2. DEFINITIONS 18
A. “Annual Recovered Organic Waste Product Procurement Target” means the 19 amount of Organic Waste in the form of a Recovered Organic Waste Product that 20 the City is required to procure annually under 14 CCR Section 18993.1. This target 21 shall be calculated by multiplying the per capita procurement target, which shall be 22
0.08 tons of Organic Waste per California resident per year, times the City’s 23 residential population using the most recent annual data reported by the California 24 Department of Finance. Annually, CalRecycle will provide notice to each 25 Jurisdiction of its Annual Recovered Organic Waste Product Procurement Target 26 by posting such information on CalRecycle’s website and providing written notice 27 directly to the Jurisdiction. 28
B. “Compost” mean s the product resulting from the controlled biological 29 decomposition of organic solid wastes that are source separated from the 30 municipal solid waste stream or which are separated at a centralized facility or as 31 otherwise defined in 14 CCR Section 17896.2(a)(4). 32 Compost eligible for meeting the Annual R ecovered Organic Waste Product 33 Procurement Target must be produced at a compostable material handling 34 -2- [City of Wildomar]
[Procurement Policy]
operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 35 7 or produced at a large volume in- vessel digestion facility that composts on- site 36 as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall 37 meet the State’s composting operations regulatory requirements. 38 C. “Direct Service Provider” means a person, company, agency, district, or other 39 entity that provides a service or services to City pursuant to a contract or other 40 written agreement or as otherwise defined in 14 CCR Section 18982(a)(17). 41 D. “Electricity Procured from Biomass Conversion” means electricity generated from 42 biomass facilities that convert recovered Organic Waste , such as wood and 43 prunings from the municipal stream, into electricity. Electricity procured from a 44 biomass conversion facility may only count toward the City’s Annual Recovered 45 Organic Waste Product Procurement Target if the facility receives feedstock 46 directly from certain permitted or authorized compostable material handling 47 operations or facilities, transfer/processing operations or facilities, or landfills , as 48 described in 14 CCR Section 18993.1(i). 49
E. “City” means City of Wildomar. 50
F. “Organic Waste” means solid wastes containing material originated from living 51 organisms and their metabolic waste products including, but not limited to, food, 52 yard trimmings, organic textiles and carpets, lumber, wood, Paper Products, 53 Printing And Writing Paper, manure, biosolids, digestate, and sludges, or as 54 otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as 55 defined in 14 CCR Section 1 8982(a)(4) and 14 CCR Section 18982(a)(16.5), 56 respectively. 57
G. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, 58 wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and 59 toweling; or as otherwise defined in 14 CCR Section 18982(a)(51). 60 H. “Printing and Writing Papers” include, but are not limited to, copy, xerographic, 61 watermark, cotton fiber, offset, forms, computer printout paper, white wove 62 envelopes, manila envelopes, book paper, note pads, writ ing tablets, newsprint, 63 and other uncoated writing papers, posters, index cards, calendars, brochures, 64 reports, magazines, and publications; or as otherwise defined in 14 CCR Section 65 18982(a)(54). 66
I. “Procurement of Recovered Organic Waste Products ” shall mean purchase or 67 acquisition (e.g., free delivery or free distribution from a hauler or other entity via a 68 written agreement or contract ), and end use by the City or others. The City’s 69 Annual Recovered Organic Waste Product P rocurement Target can be fulfilled 70 directly by the City or by Direct Service Pro viders through written contracts or 71 agreements for Procurement of Recovered Organic Waste Pro ducts at the City’s 72 behest. 73
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[Procurement Policy]
J. “Publicly-Owned Treatment Works” or “POTW” has the same meaning as in 74 Section 403.3(r) of Title 40 of the Code of Federal Regulations. 75 K. “Recovered Organic Waste Products ” means products made from California, 76 landfill-diverted recovered Organic Waste processed at a permitted or otherwise 77 authorized operation or facility , or as otherwise defined in 14 CCR Section 78 18982(a)(60). Products that can be used to meet the Annual Recovered Organic 79 Waste Product Procurement Target shall include Compost , SB 1383 Eligible 80 Mulch, Renewable Gas from an in-vessel digestion facility, and Electricity Procured 81 from Biomass Conversion as described herein and provided that such products 82 meet requirements of 14 CCR, Division 7, Chapter 12, Article 12. 83 L. “Recordkeeping Designee” means the public employee appointed by the City 84 Manager or their designee to track procurement and maintain records of 85 Recovered Organic Waste Product procurement efforts both by the City and 86 others, if applicable, as required by 14 CCR, Division 7, Chapter 12, Articles 12 87 and 13. 88
M. "Recyclability" means that the Paper Product s and Printing and Writing Paper 89 offered or sold to the City are eligible to be labeled with an unqualified recyclable 90 label as defined in 16 Code of Federal Regulations Section 260.12 (2013). 91 N. “Recycled-Content Paper Products and Recycled- Content Printing and Writing 92 Paper” means such products that consist of at least thirty percent (30%), by fiber 93 weight, postconsumer fiber, consistent with the requirements of Sections 22150 to 94 22154 and Sections 12200 and 12209 of the Public Contract Code, and as 95 amended. 96
O. “Renewable Gas” means gas derived from Organic Waste that has been diverted 97 from a landfill and processed at an in- vessel digestion facility that is permitted or 98 otherwise authorized by 14 CCR to recover Organic Waste, or as otherwise 99 defined in 14 CCR Section 18982(a)(62). 100
P. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on 101 September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 102 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing 103 with Section 42652) to Part 3 of Division 30 of the Public Resources Code, 104 establishing methane emissions reduction targets in a statewide effort to reduce 105 emissions of short -lived climate pollutants , as amended, supplemented, 106 superseded, and replaced from time to time. 107
Q. “SB 138 3 Regulations” or “SB 1383 Regulatory” means or refers to , for the 108 purposes of this policy, the Short-Lived Climate Pollutants (SLCP): Organic Waste 109 Reductions regulations developed by CalRecycle and adopted in 2020 that created 110 Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR 111 and 27 CCR. 112
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R. “SB 1383 Eligible Mulch ” means mulch eligible to meet the Annual Recovered 113 Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of 114 Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the 115 duration of the applicable procurement compliance year , as specified by 14 CCR 116 Section 18993.1(f)(4): 117
1. Produced at one of the following facilities: 118
i. A compostable material handling operation or facility as defined in 119 14 CCR Section 17852(a)(12), that is permitted or authorized under 120 14 CCR Division 7, other than a chipping and grinding operation or 121 facility as defined in 14 CCR Section 17852(a)(10); 122 ii. A transfer/processing facility or transfer/processing operation as 123 defined in 14 CCR Sections 17402(a)(30) and (31), respectively, that 124 is permitted or authorized under 14 CCR Division 7; or, 125 iii. A solid waste landfill as defined in Public Resources Code Section 126 40195.1 that is permitted under 27 CCR Division 2. 127 S. “State” means the State of California. 128
SECTION 3. RECOVERED ORGANIC WASTE PRODUCT PROCUREMENT 129
3.1 Procurement Target 130
A. City will annually procure for use or giveaway a quantity of R ecovered Organic 131 Waste Products that meet s or exceeds its Annual Recovered Organic Waste 132 Product Procurement Target through the implementation of Sections 3 through 5 133 of this Policy. 134
B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement 135 Target, products that may be procured include the following (provided that each 136 product meets the criteria included in their respective definition in Section 2 of this 137 Policy): 138
1. SB 1383 eligible Compost (as defined in Section 2.B). 139
2. SB 1383 Eligible Mulch (as defined in Section 2.R). 140
3. Renewable Gas (in the form of transportation fuel, electricity, or heat) (as 141 defined in Section 2.O). 142
4. Electricity Procured from Biomass Conversion (as defined in Section 2.D). 143 -5- [City of Wildomar]
[Procurement Policy]
3.2 Requirements for City Departments 144
A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments 145 responsible for landscaping maintenance, renovation, or construction shall: 146
1. Use Compost and SB 1383 Eligible M ulch produced from recovered 147 Organic Waste, as defined in Section 2.B and 2.R of this Policy, for 148 landscaping maintenance, renovation, or construction, as practicable, 149 whenever available, and capable of meeting quality standards and criteria 150 specified. 151
2. When City uses Compost and SB 1383 Eligible Mulch and the applications 152 are subject to the City ’s Water Effici ent Landscaping Ordinance ( WELO), 153 pursuant to Municipal Code Section 17.276 , comply with one of the 154 following, whichever is more stringent, (i) the City’s WELO, City Code 155 Section 17.276, if more stringent than the State’s Model Water Efficient 156 Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C), (D), 157 and (G) of the State’s Model Water Efficient Landscape Ordinance, Title 23, 158 Division 2, Chapter 2.7 of the CCR , as amended September 15, 2015, 159 which requires the submittal of a landscape design plan with a “ Soil 160 Preparation, Mulch, and Amendments Section” to include the following: 161 a. For landscape installations, C ompost at a rate of a minimum of 4 162 cubic yards per 1,000 square feet of permeable area s hall be 163 incorporated to a depth of six (6) inches into the soil. Soils with 164 greater than six percent (6%) organic matter in the top six (6) inches 165 of soil are exempt from adding Compost and tilling. 166 b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil 167 surfaces of planting areas except in turf areas, creeping or rooting 168 groundcovers, or direct seeding applications where mulch is 169 contraindicated. To provide habitat for beneficial insects and other 170 wildlife, leave up to five percent (5%) of the landscape area without 171 mulch. Designated insect habitat must be included in the landscape 172 design plan as such. 173
c. Procure organic mulch materials made from recycled or post -174 consumer materials rather than inorganic materials or virgin forest 175 products unl ess the recycled post -consumer organic products are 176 not locally available. Organic mulches are not required where 177 prohibited by local Fuel Modification Plan Guidelines or other 178 applicable local ordinances. 179
3. Keep records, including invoices or proof of R ecovered Organic Waste 180 Product procurement (either through purchase or acquisition) , and submit 181 records to the Recordkeeping Designee, on a schedule to be determined 182 by Recordkeeping Designee. 183
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[Procurement Policy]
Records shall include: 184
a. General procurement records, including: 185
(i) General description of how and where the product was used 186 and applied, if applicable; 187
(ii) Source of product, including name, physical location, and 188 contact information for each entity, operation, or facility from 189 whom the R ecovered Organic Waste Products were 190
procured; 191
(iii) Type of product; 192
(iv) Quantity of each product; and, 193
(v) Invoice or other record demonstrating purchase or 194 procurement. 195
b. For Compost and SB 1383 Eligible Mulch provided to residents 196 through giveaway events or other types of distribution methods, keep 197 records of the Compost and SB 1383 Eligible Mulch provided to 198 residents. Records shall be maintained and submitted to the 199 Recordkeeping Designee in accordance with the requirements 200 specified in Section 3.2.A.3. 201
4. When Procurement of Recovered Organic Waste Products occurs through 202 a Direct Service Pro vider, enter into a written contract or agreement or 203 execute a purchase order with enforceable provisions that includes: (i) 204 definitions and specifications for SB 1383 Eligible Mulch, Compost, 205 Renewable Gas, and/or Electricity Procured f rom Biomass Conversion ; 206 and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) 207 in the event the Direct Service Pro vider is not compliant with the 208 requirements. 209
B. Renewable Gas procurement (used for fuel for transportation, electricity, or heating 210 applications). For Renewable Gas procurement, City shall: 211
1. Procure Renewable Gas made from recovered Organic Waste for 212 transportation fuel, electricity, and heating applications to the degree that it 213 is appropriate and available for the City and to help meet the Annual 214 Recovered Organic Waste Product Procurement Target, which requires 215 compliance with criteria specified in 14 CCR Section 18993.1. 216
2. Keep r ecords in the same manner indicated in Section 3.2.A.3 for the 217 amount of Renewable Gas procured and used by the City , including the 218 general procurement record information specified in Section 3.2.A.3.a, and 219 submit rec ords to the Recordkeeping Designee on a schedule to be 220 -7- [City of Wildomar]
[Procurement Policy]
determined by Recordkeeping Designee. City shall additionally obtain the 221 documentation and submit records specified in Section 3.2.B.3 below , if 222 applicable. 223
3. If the City procures Renewable Gas from a POTW, 224 a. Annually verify that the Renewable Gas from the POTW complies 225 with the requirements specified in 14 CCR Section 18993.1(h) , 226 including, but not limited to the exclusion in 14 CCR Section 227 17896.6(a)(1) and the items listed in this Section 3.2.B.3. 228 b. Annually receive a record from the POTW documenting the tons of 229 Organic Waste received by the POTW from : (i) a compostable 230 material handling operation or facility as defined in 14 CCR Section 231 17852(a)(12), other than a chipping and grinding operation or facility 232 as defined in 14 CCR Section 17852(a)(10), that is permitted or 233 authorized under 14 CCR Division 7; (ii) transfer/processing facility 234 or transfer/process ing operation as defined in 14 CCR Sections 235 17402(a)(30) and (31), respectively, that is permitted or authorized 236 under 14 CCR Division 7; or (iii) a solid waste landfill as defined in 237 Public Resources Code Section 40195.1 that is permitted under 27 238 CCR Division 2. 239
c. Annually receive documentation from the POTW of the percentage 240 of biosolids that the POTW produced and transported to activities 241 that constitute landfill disposal in order to demonstrate that the 242 POTW transported less than twenty -five percent (25%) of the 243 biosolids it produced to activities that constitute landfill disposal. For 244 the purposes of this Policy, landfill disposal is defined pursuant to 14 245 CCR Section 189 83.1(a) and includes final disposition at a landfill; 246 use of material as alternative daily cover or alternative intermediate 247 cover at a landfill, and other dispositions not listed in 14 CCR Section 248 18983.1(b). Alternative daily cover or alternative intermediate cover 249 are defined in 27 CCR Sections 20690 and 20700, respectively. 250 d. Annually receive documentation that the POTW receives vehicle -251 transported solid waste that is an anaerobically digestible material 252 for the purpose of anaerobic co-digestion with POTW treatment plant 253 wastewater to demonstrate that the POTW meets the requirement of 254 14 CCR Section 18993.1(h)(2). 255
e. City shall submit these records to the Recordkeeping Designee on a 256 schedule to be determined by Recordkeeping Designee. 257 C. Electricity Procured from Biomass Conversion. For E lectricity Procured from 258 Biomass Conversion, City shall: 259
1. Procure electricity from a biomass conversion facility that receives 260 -8- [City of Wildomar]
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feedstock from a composting facility, transfer/processing facility, a solid 261 waste landfill, and/or receives feedstock from the generator or employees 262 on behalf of the generator of the Organic Waste and to the degree that it is 263 available and practicable for the City and to help meet the Annual 264 Recovered Organic Waste Product Procurement Target, which requires 265 compliance with criteria specified in 14 CCR Section 18993.1. 266
2. Maintain records and conduct the following recordkeeping activities: 267 a. Keep records in the same manner indicated in Section 3.2.A.3 of this 268 Policy for the amount of Electricity Procured fro m Biomass 269 Conversion facilities, including the general procurement record 270 information specified in Section 3.2.A.3.a. 271
b. Receive written notification by an authorized representati ve of the 272 biomass convers ion facility certifying t hat biomass feedstock was 273 received from a permitted solid waste facility identified in 14 CCR 274 Section 18993.1(i). 275
c. Provide these records to the Recordkeeping Designee. 276
3.3 Requirements for Direct Service Providers 277
A. Direct Service Providers of landscaping maintenance, renovation, and 278 construction shall: 279
1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from 280 recovered Organic Waste, as defined in Section 2.B and 2.R of this Policy, 281 for all landscaping renovations, construction, or maintenance performed for 282 the City, whenever available, and capable of meeting quality standards and 283 criteria specified . SB 1383 Eligible Mulch used for land application shall 284 comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or 285 exceed the physical contamination, maximum metal concentration and 286 pathogen density standards specified in 14 CCR Section 287 17852(a)(24.5)(A)(1) through (3). 288
2. If Direct Service P rovider is subject to the City’s WELO pursuant to City 289 Municipal Code Section 17.276, comply with one of the following, whichever 290 is more stringent: (i) the locally-adopted WELO that is more stringent than 291 the State’s MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the 292 State’s MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended 293 September 15, 2015, which requires the submittal of a landscape design 294 plan with a “Soil Preparation, Mulch, and Amendments Section” to include 295 the following: 296
a. For landscape installations, C ompost at a rate of a minimum of 4 297 cubic yards per 1,000 square feet of permeable area shall be 298 incorporated to a depth of six ( 6) inches into the soil. Soils with 299 -9- [City of Wildomar]
[Procurement Policy]
greater than six percent (6%) organic matter in the top six (6) inches 300 of soil are exempt from adding Compost and tilling. 301 b. Apply a minimum three- (3-) inch layer of mulch on all exposed soil 302 surfaces of planting areas except in turf areas, creeping or rooting 303 groundcovers, or direct seeding applications where mulch is 304 contraindicated. To provide habitat for beneficial insects and other 305 wildlife, leave up to five percent (5%) of the landscape area without 306 mulch. Designated insect habitat must be included in the landscape 307 design plan as such. 308
c. Procure organic mulch materials made from recycled or post -309 consumer materials rather than inorganic materials or virgin forest 310 products unless the recycled post -consumer organic products are 311 not locally available. Organic mulches are not required where 312 prohibited by local Fuel Modification Plan Guidelines or other 313 applicable local ordinances. 314
d. For all mulch that is land applied , procure SB 1383 Eligible Mulch 315 that meets or exceeds the physical contamination, maximum metal 316 concentration, and pathogen density standards for land applications 317 specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 318
3. Keep and p rovide records of Procurement of Recovered Organic Waste 319 Products (either through purchase or acquisition) to Recordkeeping 320 Designee, on a schedule to be determined by Recordkeeping Designee . 321 Information to be provided shall include: 322
a. General description of how and where the product was used and if 323 applicable, applied; 324
b. Source of product, including name, physical location , and contact 325 information for each entity, operation, or facility from whom the 326 Recovered Organic Waste Products were procured; 327
c. Type of product; 328
d. Quantity of each product; and, 329
e. Invoice or other record demonstrating purchase or procurement. 330 SECTION 4. RECYCLED-CONTENT PAPER PROCUREMENT 331
4.1 Requirements for City Departments 332
A. If fitness and quality of Recycled-Content Paper Products and Recycled- Content 333 Printing and Writing Paper are equal to that of non-recycled items, all departments 334 and divisions of City shall purchase Recycled-Content Paper Product s and 335 -10- [City of Wildomar]
[Procurement Policy]
Recycled-Content Printing and Writing Paper that consists of at least thirty percent 336 (30%), by fiber weight, postconsumer fiber, whenever the total cost is the same or 337 a lesser total cost than non- recycled items or whenever the total cost is no more 338 than one percent (1%) of the total cost for the non-recycled items, consistent with 339 the requirements of the Public Contract Code, Sections 22150 through 22154 and 340 Sections 12200 and 12209, as amended. 341
B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled 342 with an unqualified recyclable label as defined in Title 16 Code of Federal 343 Regulations Section 260.12 (2013). 344
C. Provide records to the Recordkeeping Designee of all Paper Products and Printing 345 and Writing Paper purchases on a schedule to be determined by Recordkeeping 346 Designee (both recycled-content and non- recycled content, if any is purchased) 347 made by a division or department or employee of the City. Records shall include a 348 copy of the invoice or other documentation of purchase, written certifications as 349 required in Section 4.2.A.3 -4 for recycled- content purchases, vendor name, 350 purchaser name, quantity purchased, d ate purchased, and recycled content 351 (including products that contain none), and if non- Recycled-Content Paper 352 Products and/or non-Recycled-Content Printing and Writing Paper are provided, 353 include a description of why Recycled- Content Paper Products and/or Recycled-354 Content Printing and Writing Paper were not provided. 355
4.2 Requirements for Vendors 356
A. All vendors that provide Paper Products (including janitorial Paper Products) and 357 Printing and Writing Paper to City shall: 358
1. Provide Recycled-Content Paper Products and Recycled- Content Printing 359 and Writing Paper that consists of at least thirty percent (30%) , by fiber 360 weight, postconsumer fiber , if fitness and quality are equal to that of non-361 recycled item, and available at equal or lesser price or available at no more 362 than one percent (1%) of the total cost for non-recycled Paper Products. 363
2. Only p rovide Paper Product s and Printing and Writing Paper s that meet 364 Federal Trade Commission Recyclability standard as defined in Title 16 365 Code of Federal Regulations Section 260.12 (2013). 366
3. Certify in writing , under penalty of perjury, the minimum percentage of 367 postconsumer material in the Paper Product s and Printing and Writing 368 Paper offered or sold to the City . This certification requirement may be 369 waived if the percentage of postconsumer material in the Paper Products, 370 Printing and Writing Paper , or both can be verified by a product label, 371 catalog, invoice, or a manufacturer or vendor internet website. 372
4. Certify in writing , under penalty of perjury, that the Paper Product s and 373 Printing and Writing Paper offered or sold to the City is eligible to be labeled 374 with an unqualified recyclable label as defined in Title 16 Code of Federal 375 -11- [City of Wildomar]
[Procurement Policy]
Regulations Section 260.12 (2013). 376
5. Provide records to the Recordkeeping Designee of all Paper Products and 377 Printing and Writing Paper purchased from the vendor on a schedule to be 378 determined by Recordkeeping Designee (both recycled-content and non-379 recycled content, if any is purchased) made by a division or department or 380 employee of the City. Records shall include a copy of the invoice or other 381 documentation of purchase, written certifications as required in Section 382
4.2.A.3-4 for recycled-content purchases, purchaser name, quantity 383 purchased, date purchased, and recycled content (including products that 384 contain none) , and if non- Recycled-Content Paper Product s and/or non- 385 Recycled-Content Printing and Writing Paper are provided, include a 386 description of why Recycled-Content Paper Product s and/or Recycled-387 Content Printing and Writing Paper were not provided. 388 B. All vendors providing printing services to the City via a printing contract or written 389 agreement, shall use Printing and Writing Paper that consists of at least thirty 390 percent (30%) , by fiber weight, postconsumer fiber , or as amended by Public 391 Contract Code Section 12209. 392
SECTION 5. RECORDKEEPING RESPONSIBILITIES 393
A. The Administrative Services department will be the responsible department and 394 will select an employee to act as the Recordkeeping Designee that will be 395 responsible for obtaining records pertaining to Procurement of Recovered Organic 396 Waste Product s and Recycled-Content Paper Products and Recycled- Content 397 Printing and Writing Paper. 398
B. The Recordkeeping Designee will do the following to track Procurement of 399 Recovered Organic Waste Products, Recycled -Content Paper Products, and 400 Recycled-Content Printing and Writing Paper: 401
1. Collect and collate copies of invoices or receipts (paper or electronic) or 402 other proof of purchase that describe the procurement of Printing and 403 Writing Paper and Paper Products, including the volume and type of all 404 paper purchases; and, copies of certifications and other required 405 verifications from all departments and/or divisions procuring Paper Products 406 and Printing and Writing Paper (whether or not they contain recycled 407 content) and/or from the vendors providing Printing and Writing P aper and 408 Paper Products. These records must be kept as part of City’s 409 documentation of its compliance with 14 CCR Section 18993.3. 410
2. Collect and collate copies of invoices or receipts or documentation 411 evidencing procurement from all departments and divisions procuring 412 Recovered Organic Waste Products and invoices or similar records from 413 vendors/contractors/others procuring R ecovered Organic Waste Products 414 on behalf of the City to develop evidence of City meeting its Annual 415 -12- [City of Wildomar]
[Procurement Policy]
Recovered Organic Waste Product Procurement Target . These records 416 must be kept as part of the City’s documentation of its compliance with 14 417 CCR Section 18993.1. 418
3. Collect, collate, and maintain documentation submitted by the City , Direct 419 Service Providers, and/or vendors, including the information reported to the 420 Recordkeeping Designee in accordance with Sections 3.2.A.3, 3.2.B.2, 421
3.2.C.2, 3.3.A.3, 3.3.B.2, 3.3.C.3, 4.1.C, and 4.2.A.5. 422
4. Compile an annual report on the City’s direct procurement , and 423 vendor/other procurement on behalf of the City , of Recovered Organic 424 Waste Products, Recycled-Content Paper Products, and Recycled-Content 425 Printing and Writing Paper, consistent with the recordkeeping requirements 426 contained in 14 CCR Section 18993.2 for the Annual R ecovered Organic 427 Waste Product Procurement Target and 14 CCR Section 18993.4 for 428 Recycled-Content Paper Products and Recycled-Content Printing and 429 Writing Paper procurement. This report shall be made available to the City’s 430 responsible entity for compiling the annual report to be submitt ed to 431 CalRecycle (which will include a description of compliance on many other 432 SB 1383 regulatory requirements) pursuant to 14 CCR Division 7, Chapter 433 12, Article 13. The procurement report shall also be shared with the City 434 Council or other regulating body annually as evidence of implementing this 435 Policy. 436
SECTION 6. EFFECTIVE DATE OF POLICY 437
This Policy shall go into effect retroactively to January 1, 2022. 438 CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.9
CONSENT CALENDAR
Meeting Date: January 12, 2022
______________________________________________________________________ T
O: Mayor and City Council Members
F
ROM: Dan York, Assistant City Manager
P
REPARED: Emily Stadnik, Land Development Manager
S
UBJECT: Summerhill 2 KB Homes, Tentative Tract Map 37476 Subdivision Improvement Agreement and Offsite Public Improvement Agreement S
TAFF REPORT
RE
COMMENDATION:
Staff recommends that the City Council a uthorize the City Manager to execute the Subdivision Improvement Agreement and the Offsite Public Improvement Agreement with KB Home Coastal Inc.
BACKG
ROUND:
On February 13, 2019, the City Council adopted Resolution No. 20 19-08 approving Tentative Tract Map No. 37476 to subdivide the 38.22 acres into 84 lots. The lots consist of 80 single family residential lots and four lots for commercial/business park development. Also adopted on the same council date is Resolution No. 2019- 10 approving the Final Site Plan of Development No.18- 0034 to develop an 80- unit single family residential development of 28.86 acres, including related onsite/offsite improvements. The final map, grading and improve ment plans for this residential development also known as Summerhill 2 are currently being processed with the City.
The street and storm drain improvement plans for the project have been approved. An aerial image of the project site and the surrounding area is provided in Attachment A and the project site plan is shown in Attachment B.
DI
SCUSSION:
Subdivision Improvement Agreement
In order to secure the incomplete public improvements that are required of the project prior to map recordation, a Subdivision Improvement Agreement has been prepared (Attachment C). The Subdivision Improvement Agreement identifies the subdivider ’s obligations to complete the Project’s improvements and sets forth policies and procedures for the Developer and the City to ensure that the improvements are completed. The Agreement also provides the City with bonds/securities should the Developer fail to fulfill their obligations. The security amounts are based on the Developer’s engineer’s construction cost estimates for the private improvements. Conditions of approval related to Final Map recordation not yet satisfied have been identified in Exhibit D of the Subdivision Improvement Agreement.
Public Improvement Agreements
In order to complete offsite public improvements, the Developer is required to enter into an Offsite Public Improvement Agreement (Attachment D) with the City. The agreements identify the Developer’s obligations to the City in performing and completing the construction for offsite public improvements. The agreement also provide the City with bonds to ensure the Developer will fulfill his/her obligations and secure improvements. If the Developer fails to fulfill these obligations, the bonds will provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition. The security amounts are based on the original Developer’s engineer’s construction cost estimates for the public improvements.
Staff is requesting th at the City Council authorize the City Manager to execute the Subdivision Improvement Agreement and Offsite Public Improvement Agreement.
FISCAL IMPACT:
There are no fiscal im pacts to the City at this time. All costs related to this process are covered by developer deposits.
Submitted by: Approved by:
Daniel A. York Gary Nordquist
Assistant City Manager, City Manager
Public Works Director/City Engineer
ATTACHMENTS:
A. Aerial Image of Summerhill 2 KB Homes, TTM 37476
B. Summerhill 2 KB Homes Project Site Plan
C. Subdivision Improvement Agreement, Surety Bonds and Private Improvement Cost Estimate
D. Offsite Public Improvement Agreement, Surety Bonds and Public Improvement Cost Estimate
ATTACHMENT A
Aerial Image of
Summerhill 2 KB Homes TR37476 Project
(highlighted in yellow)
ATTACHMENT B
Summerhill 2 KB Homes TR37476 Project
Site Plan
123456789101112131415161718 56575859606162636465666768697071727374757677383940414243444546474849505152232425262728293031323334353637 7879
19202122545355GFFIRE DEP'T TURNOUT81
8384
E
BVC1454.5 EVC1460.9
BVC1498.6
EVC1510.0
PVI100' VC
PVI100' VC
BVC1478.6 EVC1473.4 PVI100' VC
BVC1509.0 PVI300' VC EVC1530.7
BVC1529.3 EVC1527.3 PVI50' VC BVC1511.7 EVC1509.4 PVI50' VC BVC1445.8 EVC1454.2 PVI100' VC
BVC1402.0
EVC1418.8 PVI100' VC
BVC1453.4 PVI250' VC EVC1453.3 BVC1460.5 PVI175' VC EVC1460.7
SECTION A-A
SECTION B-B
SECTION C-C
SECTION D-D
SECTION F-F
SECTION E-E
City of WildomarTentative Tract No. 3747611Monte Vista
TTM 37476 SITE PLAN
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
Rough Grading Agreement
Grading Bond
Grading Bond Estimate
ATTACHMENT C
Subdivision Improvement Agreement
Surety Bonds
Private Improvement Cost Estimate
RIV #4833-9648-5472 v2
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)
CITY OF WILDOMAR
Attn: City Clerk
23873 Clinton Keith Rd., Suite 111
Wildomar, California 92595
THIS SPACE FOR RECORDER’S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 37476
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
KB Home Coastal Inc.
a California corporation
Dated January 12, 2022
RIV #4833-9648-5472 v2 - 1 -
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL TRACT MAP 37476
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this 12 th day of January, 2022 by and between the City of Wildomar, a municipal corporation (“City”) and KB Home Coastal Inc., a California corporation (“Developer”). City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. Developer has submitted to City an application for approval of a final tract map for real property located within City, a legal description of which is attached hereto as Exhibit “A”.
The tract map is identified in City records as Tract Map No. 37476. On February 13, 2019, the City conditionally approved Tract No. 37476.
B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Government Code sections 66410 et seq.), (“Map Act”) the City Ordinances, the conditions of approval for Tract No. 37476, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.
C. Pursuant to City Ordinances and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 37476.
D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 – 66499.10.
E. Pursuant to Government Code Section 66499, Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for Tract No. 37476.
DEFINED TERMS
“Developer” shall mean KB Home Coastal Inc., a California corporation. The term “Developer” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or equitable interest in the Property.
“Estimated Costs” shall mean the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping.
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“Litigation Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys’ fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.
“Map Act” shall mean the Subdivision Map Act, Government Code Sections 66410 et seq. “Property” shall mean the all of the real property contained within the boundaries of Tract Map No. 37476 located in the City of Wildomar, California, as is more particularly described in the legal description and tract diagram attached hereto and incorporated hereby by reference at Exhibit “A”.
“Public Improvements” shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Tract Map No. 37476 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 37476. The Parties agree that the Public Improvements to be completed by Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Exhibit “B. Notwithstanding, Exhibit “B”, Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Tract Map 37476.
“Required Insurance” shall mean the insurance required to be maintained by Developer under Section 17.
“Security” shall mean surety bonds, lien agreement or other security approved by the City Engineer or City Attorney in the amounts and under the terms of Section 12. “Tract No 37476.” shall mean the final map prepared and approved by the City for tentative tract map no. 37476.
“Warranty” shall mean the one year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
1.EFFECTIVENESS. This Agreement shall not be effective unless and until all four (4) of the following conditions are satisfied in the order provided:
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1.1Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;
1.2Final Map and Agreement Approval. The City Council of the City (“City Council”) approves the final map for Tract No. 37476 and this Agreement;
1.3Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder’s Office of the County of Riverside; and
1.4Record Final Map. Developer records the final map for Tract No. 37476 in the Recorder’s Office of the County of Riverside.
If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Developer.
2.PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system.
Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.
2.1Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.
2.2Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.
2.3Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.
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2.4Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
2.5Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
2.6Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
2.7Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit “D” hereto.
3.MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the RIV #4833-9648-5472 v2 - 5 -
responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.
4.CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within three years (36 months) following approval of the final map for Tract No. 37476.
4.1Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the Security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.
4.2Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.
5.GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. 37476 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12.0 et seq. of this Agreement.
6.UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 37476 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such RIV #4833-9648-5472 v2 - 6 -
services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground.
7.FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No. 37476, or as required by other governmental agencies having jurisdiction over Tract No. 37476.
8.CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.
If the City inspector requests it, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City’s inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
9.ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.
10.ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.
10.1Developer’s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.
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10.2City Acceptance of Public Improvements. If Tract No. 37476 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements.
10.3Developer’s Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.
11.WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
12.SECURITY. Prior to City’s approval and execution of this Agreement, Developer shall provide City with surety bonds, a lien agreement, or another form of security acceptable to the City Attorney and City Engineer under the terms set forth below.
12.1Surety Bonds. If surety bonds are provided as Security, the amount of the Security shall be based on the City Engineer’s Estimated Costs. If City determines at any time prior to Developer’s completion of the Public Improvements under Section 4 [Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this provision (Section 12.0 et seq.) shall in no way limit or modify Developer’s indemnification obligation provided in Section 16.0 of this Agreement.
12.1.1Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 18.0 et seq. of this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in RIV #4833-9648-5472 v2 - 8 -
the amount of Two Hundred Seventy Four Thousand and No/Dollars ($274,000.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs.
12.1.2Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 37476, and the total remaining Security is not less than twenty-five percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 37476.
12.1.3Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of One Hundred Thirty Seven Thousand and No/Dollars ($137,000.00), which sum shall not be less than fifty percent (50%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.
12.1.4Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.
12.1.5Form of Bonds. The evidence of the Security shall be provided on the forms set forth in Exhibit “C”, unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.
12.2Lien Agreement. In lieu of surety bonds required under Section 12.1 et seq. or the security required by Section 13 of this Agreement, Developer may execute a lien agreement as Security for the Improvements in accordance with Wildomar Municipal Code Section 16.56.030. The Lien Agreement shall be in the form attached hereto as Exhibit “E” and incorporated herein by this reference.
12.3Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to RIV #4833-9648-5472 v2 - 9 -
cooperate with City to facilitate City’s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.
13.MONUMENT SECURITY. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Tract No. 37476 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Developer shall deposit cash or a surety bond with City in the amount of Seven Thousand and No/Dollars ($7,000.00), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit or surety bond may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 37476. Notwithstanding the foregoing, if City accepts a lien agreement as security for the Improvements under Section 12.2 of this Agreement, such lien agreement may serve as the security for some or all of the Subdivision Monuments, as determined by the City Engineer.
14.LIEN. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections
12.0 et seq. and 13.0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to Sections 12.0 et seq. and 13.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.
15.SIGNS AND ADVERTISING. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the summary removal by City, without notice to Developer, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.
16.INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment RIV #4833-9648-5472 v2 - 10 -
of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
17.INSURANCE.
17.1Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
17.1.1General Liability. Developer and its contractors shall procure and maintain Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by Developer. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance
17.1.2Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, and non owned by the insured or for which the insured is responsible.
17.1.3Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees.
17.1.4Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.
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17.1.5Pollution Liability.Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City. Developer and its contractors are responsible for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work.
The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work.
The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.
17.2Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
17.3Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. City shall continue to be an additional insured for completed operations for (1) year after completion of the work. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
17.4Primary Insurance; Waiver of Subrogation. The General Liability Insurance provided to the additional insured shall be primary to, and non contributory with, any insurance or self insurance program maintained by the City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City, its elected officials, officers, employees, agents and volunteers.
17.5Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must RIV #4833-9648-5472 v2 - 12 -
be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
17.6Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. Developer shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Developer shall forthwith obtain and submit proof of substitute insurance. Should Developer fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.
17.7Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.
18.DEFAULT; NOTICE; REMEDIES.
18.1Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twenty-four (24) hours thereof.
Immediately upon City’s issuance of the demand to remedy the default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
18.2Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.
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18.3Other Remedies. No action by City pursuant to Section 18.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
19.GENERAL PROVISIONS.
19.1Authority to Enter Agreement. Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
19.2Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
19.3Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
19.4Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
CITY:
City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 111
Wildomar, CA 92595
DEVELOPER:
KB Home Coastal Inc.
Heidi McBroom, Director of Forward Planning
36310 Inland Valley Drive
Wildomar, CA 92595
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Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
19.5Amendment; Modification. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Developer and by the City.
The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.
19.6Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.
19.7Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
19.8No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
19.9Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
19.10Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is
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involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.
19.11Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.
19.12Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract No. ___________, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.
19.13Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
19.14Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Developer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
___________________________
Gary Nordquist
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk
37476
RIV #4833-9648-5472 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
TRACT NO. 37476
BEING A DIVISION OF A PORTION OF THE SOUTH HALF OF LOT 178 OF SEDCO TRACT NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGES 58075, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, STATE OF CALIFORNIA, SITUATED IN SECTION 26,
T6S, R4W, S.B.M.
APNs: 367-140-008, 367-140-010, 367-140-012
RIV #4833-9648-5472 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT “B”
LIST OF PUBLIC IMPROVEMENTS
TRACT NO. 37476
RIV #4833-9648-5472 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT “C”
SURETY BONDS AND OTHER SECURITY
TRACT NO. 37476
As evidence of understanding the provisions contained in this Agreement, and of the Developer’s intent to comply with same, the Developer has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE BOND PRINCIPAL AMOUNT: $ 274,000.00
Surety:
Attorney-in-fact:
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 137,000.00
Surety:
Attorney-in-fact:
Address:
CASH MONUMENT SECURITY: $ 7,000.00
Amount deposited per Cash Receipt No. Date:
MONUMENT BOND PRINCIPAL AMOUNT: $
Surety:
Attorney-in-fact:
Address:
RIV #4833-9648-5472 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT BOND NO. ___________________
INITIAL PREMIUM: ___________________
SUBJECT TO RENEWAL
CITY OF WILDOMAR
TRACT MAP NO. 37476 IMPROVEMENTS
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Wildomar, California (“City”) and KB Home Coastal Inc., (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 37476 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated January 12, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and _________________________________ (“Surety”), a corporation organized and existing under the laws of the State of __________, and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of ___________________________________ Dollars ($____________), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
RIV #4833-9648-5472 v2 2 SUBDIVISION IMPROVEMENT AGREEMENT As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
This bond is executed and filed to comply with Section 66499 et seq. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.
Principal Surety
By: By:
Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
RIV #4833-9648-5472 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT BOND NO. ___________________
INITIAL PREMIUM: ___________________
SUBJECT TO RENEWAL
CITY OF WILDOMAR
TRACT MAP 37476 IMPROVEMENTS
FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Wildomar California (“City”) and KB Home Coastal Inc., (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 37476 (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated January 12, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.
NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of _________________________ Dollars ($_______________), said sum being not less than 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
RIV #4833-9648-5472 v2 2 SUBDIVISION IMPROVEMENT AGREEMENT THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 1 (commencing with Section 8000) through Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _____________________, this _____ day of _______________, ______.
Principal Surety
By: By:
Its: Managing Member Attorney-In-Fact
(print name) (print name)
RIV #4833-9648-5472 v2 3 SUBDIVISION IMPROVEMENT AGREEMENT NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
RIV #4833-9648-5472 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT “D”
LIST OF TRACT MAP CONDITIONS
OF APPROVAL NOT SATISFIED
Condition No. Condition Language Notes
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
PLANNING DEPARTMENT CONDITIONS
General Requirements / Standard Conditions
1. In compliance with Chapter 15094 of the CEQA Guidelines, a Notice of Determination (NOD) shall be filed with the Riverside County Clerk within five (5) working days of project approval by the City Council.
The notice shall include the required California D epartment of Fish and Wildlife (Fish and Game Code Chapter 711.4.d.3) fee, and the Riverside County Clerk administrative fee (paid by the Applicant) in the amount of $2,404.75. Failure to pay the required fee will result in the project being deemed null an d void (California Fish and Game Code Chapter 711.4(c)). The above fee shall be provided to the Planning Department no later than February 14, 2019 and is broken down as follows:
a. California Department of Fish and Wildlife = $2,354.75 b. Riverside County Clerk Administrative Fee = $ 50.00 February 14, 2019 Planning Department
2. The Applicant’s signature below, which shall be submitted to the Planning Department on or before February 21, 2019, hereby verifies the “Acceptance of the Conditions of Approval” contained within this conditions of approval matrix.
Applicant Signature Date
February 21, 2019 Planning Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
3. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction.
City shall promptly notify the Applicant of any Action brought and request that Applicant defend the City. It is expressly agreed that Applicant may select legal counsel providing the Applicant’s defense and the City sh
all have the right to approve separate legal counsel
providing the City’s defense. The Applicant shall reimburse City for any attorneys’ fees, costs and expenses directly and necessarily incurred by the City in the course of the defense. Applicant agrees t hat City will forward monthly invoices to Applicant for attorneys’ fees, costs and expenses it has incurred related to its defense of any Action and Applicant agrees to timely payment within thirty (30) days of Ongoing Planning Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
receipt of the invoice. Within fourteen (14) days of an Action being filed, Applicant agrees to post adequate security or a cash deposit with City in an amount to cover the City’s estimated attorneys’ fees, costs and expenses incurred by City in the course of the defense in order to ensure timely payment of the City’s invoices. The amount of the security or cash deposit shall be determined by the City. City shall cooperate with Applicant in the defense of any Action.
4. TTM No. 37476 shall not become effective until 30 days after the second reading of the Ordinance approving Change of Zone No. 18- 0034 by the City Council. No grading or building permits shall be issued until after the effective date of the change of zone.
April 13, 2019 Planning Department
5. Within 30 days after approval of the second reading of the Ordinance approving Change of Zone No. 18-0034 by the City Council, the Applicant shall pay all applicable outstanding/negative deposit account balances (#18- 0034). Failure to pay the outstanding balance by the due date may result in delays in the processing of the final tract map.
May 13, 2019 Planning Department
6. Approval of Tentative Tract Map No. 37476 shall expire on February 13, 2022 (3 years after approval by the City Council) if the final map has not been approved by the City Council and recorded with the Riverside County Clerk. The Applicant may apply in writing for a Extension of Time (EOT) for review and approval of the City Cou ncil in accordance with Section 16.12.240 of the Wildomar Municipal Code.
Said extension of time application and required fee must be submitted to the Planning Department prior to the expiration date.
February 13, 2022 Planning Department
7. In accordance with Chapter 66020.d.1 of the Government Code, the Applicant has 90 days from project approval to file a protest of the imposition of fees, dedications, reservations, or other exactions being May 13, 2019 Planning Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
imposed on this project Notice is hereby given to the Applicant that the 90-day appeal period begins with the tentative approval date by City Council on February 13, 2019.
8. Applicant hereby understands and agrees that failure to comply with all Conditions of Approval may result in the City Council taking action resulting in a modification to the Conditions of Approval and/or suspension or revocation of the tentative tract map.
On-Going Planning Department
9. The project shall be subdivided in accordance with the Tentative Tract Map approved by the City Council on February 13, 2019 . The Applicant, if needed, may request a minor change or revised map i n accordance with Sections 16.12.210 and/or 16.12.220 of the Wildomar Municipal Code.
Ongoing Planning Department
10. Prior to building permits for any construction on lots subdivided under Tentative tract Map No. 37476 (including the residential and business park development), the A
pplicant shall all appropriate local and
regional development impact fees in accordance with Chapter 3.40 (TUMF Fees), 3.42 (MSHCP fees), 3.43 (SKR Fee), and 3.44 (DIF fees) of the Wildomar Municipal Code for the property subdivided under this tract map.
Prior to Issuance of
Building Permits
Building, Public Works
& Planning
Departments
Mitigated Negative Declaration (MND) Mitigation Measures Biological Resources
11. BIO-1 Vegetation clearing/grubbing, ground disturbance (e.g., grading, earthmoving, excavation, use of heavy equipment), and construction activities that may directly (e.g., grading) or indirectly (e.g., noise) affect protected nesting avian species shall be tim ed to No more than 14
days prior to any
vegetation removal
or ground-
City of Wildomar
Public Works &
Planning Depts.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
avoid the typical avian nesting season (February 15 to August 31 for songbirds; January 15 to August 31 for raptors). If such activities are scheduled to occur during the nesting season, a qualified biologist shall conduct a preconstruction survey for nesting raptors and other protected avian species within 500 feet of proposed disturbance activities. The preconstruction survey shall be conducted no more than 14 days prior to the start of vegetation clearing/grubbing. As determined necessary by the bi ologist, surveys for nesting birds may be required to continue during grading/construction to address the potential for new arrivals and unique species’ breeding seasons. The necessity and timing of these continued surveys shall be determined by the biolog
ist in coordination with the City, the Western Riverside County Regional Conservation Authority, and participating wildlife agencies as needed.
If raptors or other protected avian nests are identified during the above surveys, the qualified biologist shall
notify the City, the Western
Riverside County Regional. Conservation Authority, and participating wildlife agencies, and an appropriate no-
disturbance buffer shall be
imposed (to be determined by the biologist) within which no vegetation clearing/grubbing, ground disturbance, and construction activities shall take place (generally 500 feet in all directions for raptors; other avian species may have species-specific requirements) until the young have fledged and are no longer reliant upon the nest or parental care for survival, as determined by the biologist.
disturbing activities
12. BIO-2 Due to the presence of potentially suitable habitat on the project site and in adjacent off -site areas, a 30- day preconstruction survey for burrowing owl is required pursuant to the MSHCP. If burrowing owls are determined present during the 30 -day No more than 14
days prior to any
vegetation removal
or ground-
City of Wildomar
Public Works &
Planning Depts.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
preconstruction survey, occupied burrows shall be avoided to the greatest extent feasible, following the guidelines in the Staff Report on Burrowing Owl Mitigation published by California Department of Fish and Wildlife (2012) including, but not limited to, conduc ting preconstruction surveys, avoiding occupied burrows during the nesting and non-
breeding seasons, implementing a worker awareness
program, biological monitoring, establishing avoidance buffers, and flagging burrows for avoidance with visible markers. If occupied burrows cannot be avoided, acceptable methods may be used to exclude burrowing owl either temporarily or permanently, pursuant to a Burrowing Owl Exclusion Plan that shall be prepared and implemented to the approval of the City and the Western Ri verside County Regional Conservation Authority.
disturbing activities
13. BIO-3 The following construction-related best management practices (BMP’s) shall be implemented during vegetation clearing/grubbing, ground disturbance (e.g., grading, earthmoving, excavation, use of heavy equipment), and construction activities to avoid impacts to potentially occurring special-status wildlife species:
Prior to vegetation clearing/grubbing, a biological monitor shall conduct a preconstruction meeting with the construction crew to identify appropriate access route(s) in and out of the construction area and to review project boundaries.
Prior to vegetation clearing/grubbing, a biological monitor shall inspect the limits of protective fencing along the work limits adjacent to on/off - site habitats to remain.
Following construction, a qualified biologist
shall ensure temporarily disturbed vegetated a reas are returned to pre-project contours using a local native plant hydroseed mix.
Prior to any
vegetation removal
or ground-
disturbing activities.
City of Wildomar
Public Works &
Planning Depts.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
Cultural Resources
14. CUL-1 To address the possibility that historical, archaeological, and/or tribal cultural resources (collectively referred to as “cultural resources” in these mitigation measures) may be encountered during grading or construction, a qualified professional archaeologist shall monitor all construction activities that could potentially impact cultural resources (e.g., grading, excavation, and/or trenching). The Pechanga Band of Luiseño Indians may assign individuals to monitor all grading, excavation, and groundbreaking activities as well, and
the tribal
monitors shall be allowed on-site during any construction activities that could potentially impact cultural resources. However, monitoring may be discontinued as soon the qualified professional and the appropriate tribe(s) are satisfied that co
nstruction will not disturb cultural
resources.
During any ground-
disturbing
construction
activities
City of Wildomar
Planning Department
and Building and
Safety Department
15. CUL-2 At least 30 days but no more than 60 days prior to the issuance of any grading permit, the project archaeologist shall file a pre-
grading report with the City to document the proposed
methodology for grading activity observation which will be determined in consultation with the tribe(s) that intend to assign tribal monitors pursuant to mitigation measure CUL- 1. The archaeologist and the tribal monitor(s) will have the authority to temporarily halt and redirect grading activities in order to evaluate the significance of any cultural resources discovered on the project site.
Thirty days (30)
prior to any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
16. CUL-3 At least 30 days but no more than 60 days prior to the issuance of any grading permit, the project applicant shall contact the Pechanga Band of Luiseño Indians with notification of the proposed grading and shall enter into a Tribal Cultural Resources Treat ment During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
and Monitoring Agreement with the tribe. The agreements shall include, but not be limited to, outlining provisions and requirements for addressing the handling of tribal cultural resources; project grading and development scheduling; terms of compensa tion for tribal monitors; treatment and final disposition of any tribal cultural resources, including but not limited to sacred sites, burial goods, and human remains, discovered on the site; and establishing on- site monitoring provisions and/or requiremen ts for professional tribal monitors during all ground- disturbing activities. The terms of the agreements shall not conflict with any of these mitigation measures. A copy of the signed agreement shall be provided to the Planning Director and the Building Of ficial prior to the issuance of the first grading permit.
17. CUL-4 If during grading or construction activities, cultural resources are discovered on the project site, work shall be halted immediately within 50 feet of the discovery and the resources shall be evaluated by the archaeologist and the tribal monitor(s). Any cultural resources that are discovered shall be evaluated and a final report prepared by the archaeologist. The report shall include a list of the resources discovered; documentation of each site/locality; interpretation of the resources identified; a deter mination of whether the resources are historical resources, unique or non- unique archeological resources, and/or tribal cultural resources; and the method of preservation and/or recovery for the identified resources. If the archaeologist, in consultation w ith the tribes, determines the cultural resources to be either historic resources or unique archaeological resources, avoidance and/or mitigation will be required pursuant to and consistent with CEQA Guidelines Section 15064.5(c) and Public During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
Resources Code Section 21083.2. Further ground disturbance shall not resume within the area of the discovery until the City, project applicant, project archaeologist, and consulting tribe(s) reach an agreement regarding the appropriate treatment of the cultural resources, which may include avoidance or appropriate mitigation.
Pursuant to California Public Resources Code Section 21083.2(b), avoidance is the preferred method of preservation for archaeological and cultural resources. Work may continue outside of the buffer area and will be monitored by additional tribal monitors, if needed as determined by the project archaeologist and the consulting tribe(s).
18. CUL-5 In the event that cultural resources are discovered during the course of grading (inadvertent discoveries), the following shall be carried out for final disposition of the discoveries:
a) The landowner(s) shall agree to relinquish ownership of all recovered tribal cultural resources to the consulting tribe(s), including sacred items and all artifacts as part of the required treatment for impacts to cultural resources.
b) One or more of the following treatment, in order of preference below, with (i) being the preferred treatment and (ii) being the secondary preferred treatment, shall be employed with the agreement of all Parties. Evidence of such agreement shall be provided to the City:
i. Preservation in place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in place they were found with no development affecting the integrity of the resources.
ii. On-site relocation to a preservation area shall be
During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
accomplished as requested by the consulting tribe(s). The preservation area location shall be governed by measures and provisions to protect the preservation area from any future impacts in perpetuity. Relocation shall not occur until all leg ally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of the consulting tribe(s). c) Only if (i) and (ii) above cannot be employed, curation shall be arranged with an ap propriate qualified repository that meets federal standards per 36 CFR Part 79. The cultural resources would be professionally curated and made available to other archeologists/researchers/tribal governments for further research and culturally appropriate use. The collections and associated records shall be transferred to a curation facility meeting the above federal standards to be accompanied by a curation agreement, and payment of any fees necessary for permanent curation.
19. CUL-6 Construction personnel involved in excavation and grading activities shall be informed of the possibility of discovering fossils at any location and the protocol to be followed if fossils are found. A professional meeting the Society of Vertebrate Paleontology’s standards shall provide the preconstruction training. The City shall ensure the grading plan notes include specific reference to the potential discovery of fossils. If potentially unique paleontological resources (fossils) are inadvertently discover ed during project construction, work shall be halted immediately within 50 feet of the discovery, the City shall be notified, and a professional paleontologist shall be retained to determine the significance of the discovery. The paleontologist shall estab lish procedures for paleontological resource During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
surveillance throughout project construction and shall establish, in cooperation with the project applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. Excavated finds shall be offered to a State- designated repository such as the Museum of Paleontology at the University of California, Berkeley, or the California Academy of Sciences.
20. CUL-7 If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. Subsequently, the Native American Heritage Commission shall identify the most likely descendant and notify them of discovery. The most likely descendant shall then make recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.
During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
Geology/Soils
21. GEO-1 The project applicant shall incorporate the recommendations of the preliminary geotechnical/geological Public Works study prepared by Soils Southwest (2018a; Appendix 5.0) into project plans related to the proposed project. The project’s building plans shall demonstrate that they incorporate all applicable recommendations of Prior to any
ground-disturbing
construction
activities
City of Wildomar
Planning Department
and Building and
Safety Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
the design -level geotechnical study and comply with all applicable requirements of the latest adopted version of the California Building Code. A licensed professional engineer shall prepare the plans, including those that pertain to soil Public Works , structural foundations, pipeline excavation, and installation. All on-site soil Public Works activities shall be conducted under the supervision of a licensed geotechnical engineer or certified Public Works geologist. All plans will be subject to the approval of the City Engineer.
Hazards and Hazardous Materials
22. HAZ-1 Prior to the issuance of building permits, the project applicant shall demonstrate, to the satisfaction of the City Building Official and the Riverside County Fire Chief, compliance with the 2016 California Building Code or the most recent edition of the 2016 California Fire Code (Part
9 of Title 24 of the California Code of Regulations),
including those regulations pertaining to materials and construction methods in tended to mitigate wildfire exposure as described in the 2016 California Building Code and California Residential Code (or most recent edition); specifically California Building Code Chapter 7A; California Residential Code Section R327; California Residential Code Section R337; California Referenced Standards Code Chapter 12- 7A; and California Fire Code Chapter 49.
Prior to issuance of
building permits
City of Wildomar
Building Department
and Riverside County
Fire Department
23. HAZ-2 Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate, to the satisfaction of the City Building Official and the County Fire Chief, compliance with the vegetation management requirements prescribed in California Fire Code Section 4906, including California Government Code Section 51182.
Prior to issuance of
certificate of
occupancy
City of Wildomar
Building Department
and Riverside County
Fire Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
Noise
24. NOI-1 Construction Noise Impacts. In addition to adherence to the City of Wildomar’s policies found in the Noise Element and Municipal Code limiting the construction hours of operation, the following measures shall be implemented to reduce construction noise and vibrations, emanating from the proposed project:
1. During all project site excavation and grading on- site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers’ standards.
2. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise- sensitive receptors nearest the project site.
3. Equipment shall be shut off and not left to idle when not in use.
4. The contractor shall locate equipment staging in areas that will create the greatest distance between construction- related noise/vibration sources and sensitive receptors nearest the project site during all project construction.
5. Jackhammers, pneumatic equipment, and all other portable stationary noise sour ces shall be shielded, and noise shall be directed away from sensitive receptors.
6. The contractor shall limit the use of heavy equipment or vibratory rollers and soil compressors within 25 feet of existing structures to the greatest degree possible.
During project
construction and
prior to issuance of
a certificate of
occupancy
City of Wildomar
Planning and Public
Works Departments
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
Transportation/Traffic
25. TRA-1 Traffic Signal. The project applicant shall install a traffic signal at Monte Vista Drive / Project North Access ‐ #6 (on “New” Street). The applicant shall also ensure that, at project buildout, all traffic signals within the study area function as a coordinated system.
Prior to Occupancy
Permits
Planning and Public
Works Departments
Tribal Cultural Resources
26. Refer to mitigation measures CUL-1 through CUL-5 and CUL-7 in for applicable mitigation measures related to tribal cultural resources. CUL-1 through CUL-5 and CUL-7
Planning and Public
Works Departments
Prior to Final Map Review, Approval and Recordation
27. Prior to City Council approval of the final map, the Applicant shall submit two (2) copies of the proposed Covenants, Conditions, and Restrictions ( CC&R’s) for the entire project area for review and approval by the Planning Director and City Attorney. The CC&R’s shall include liability insurance and methods of maintaining landscaping, parking areas, private roads, exterior of all buildings (if applicable), and all landscaped and open areas including parkways, as well as a provisions indicating that the homeowners association may not be terminated or dissolved without the permission of the City.
The CC&R’s shall be in the form and content approved by the Planning Director and City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. The CC&R’s shall include specific language prohibiting resident and visitor parking along Monte Vista Drive and with in the business park site area, and include Prior to Final Map
Review by City
Council
Planning Department
& City Attorney
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
specific pr ovisions for reciprocal access and parking within the business park development site.
28. Said CC&R’s shall be recorded concurrently with the final map and a copy of the recorded CC&R’s shall be submitted to the Planning and Engineering Departments within 2 weeks after recordation.
Prior to Final Map
Review by City
Council
Planning & Public
Works Departments
PUBLIC WORKS/ENGINEERING/BUILDING DEPARTMENT CONDITIONS General Requirements / Standard Conditions
1. The project shall comply with all Plot Plan Conditions of Approval associated with this property.
On-Going Planning &
Engineering
Departments
2. The project shall comply with all mitigation measures identified in the approved Traffic Impact Analysis to the satisfaction of the City Engineer.
On-Going Planning &
Engineering
Departments
3. The Developer shall obtain City approval for any modifications or revisions to the approval of this project. Deviations not identified on the plans may not be approved by the City, potentially resulting in the need for the project to be redesigned. Consequently, amended entitlement approvals may be necessary.
On-Going Planning &
Engineering
Departments
4. The Developer shall dedicate, design and construct all improvements in accordance the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, as further conditioned herein and to the satisfaction of the City Engineer.
On-Going Engineering Dept.
5. The Developer shall be responsible for all costs associated with off - site right-of-way acquisition and offsite easements, including any costs On-Going Engineering Dept.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
associated with the eminent domain process, if necessary.
6. All flood control plans to be reviewed by the City or Riverside County Flood Control District shall be submitted though the City of Wildomar, unless otherwise directed by the City Engineer. Appropriate fees shall be paid to the reviewing agencies and flood control plans and reports shall be approved prior to recordation of the final map.
On-Going Engineering Dept.
7. The developer shall annex into the City’s Community Facility District (CFD Services) and pay associated costs for annexation. Should this project lie within any assessment/benefit district that duplicates the services to be covered under CFD Services then the developer shall de-annex from said assessment/benefit district.
On-Going Engineering Dept.
8. Should this project lie within any assessment/benefit district, the project proponent shall, prior to acceptance of improvements, make application for and pay for their reapportionment of the assessments or pay the
unit fees in the benefit district unless said fees are
otherwise deferred or covered under the City’s Community Facility District (CFD Services).
On-Going Engineering Dept.
9. The Developer shall design and construct all driveways in accordance with the City of Wildomar Improvement Standards.
On-Going Engineering Dept.
Prior to Final Map Approval and Recordation
10. The final map shall be submitted to and approved by the Planning Director and the City Engineer prior to scheduling the Final Map for approval by the City Council.
Prior to Map
Recordation
Engineering Dept.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
11. Prior to recordation of the final map, the Planning Department shall determine if the deposit based fees for the project are in a negative balance, and receive the appropriate
payment for any negative
balance as well as any anticipated additional project-related expenses.
Prior to Map
Recordation
Planning Dept.
12. Approval for the filing of this land division is contingent upon approval of plans and specifications based on the
conditions of approval
presented herein and the final version of Tentative Tract Map. If the improvements are not installed prior to the filing of this land division, the Developer must submit a Surety Agreement and Faithful Performance and Labor and Mater ials Bonds (or other surety type acceptable to the City) in the amount approved by the City Engineer guaranteeing the installation of said improvements.
Prior to Map
Recordation
Engineering Dept.
13. Prior to recordation of the final map, Developer shall submit a street light plan for approval by the City Engineer and install (or secure) street lights. Street lighting shall be designed and installed in accordance with the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, City Ordinances and to the satisfaction of the City Engineer.
Prior to Map
Recordation
Engineering Dept.
14. Prior to recordation of the final map, the Developer shall provide to the City Engineer, evidence of the water and sewer system plans approved and signed by the local water company. Water plan shall also be approved and signed by the Fire Department and s hall conform to hydrant type, location, spacing and minimum fire flow. All plans shall be prepared by a registered civil engineer . All public sewer, water and fire facilities shall be constructed or secured prior to recordation of the final map.
Prior to Map
Recordation
Engineering Dept.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
15. All public water and sewer easements shall be recorded on or concurrently with the final map and easement widths shall be approved by the governing water purveyor.
Prior to Map
Recordation
Engineering Dept.
16. Environmental Constraint Sheet (ECS) must be stamped by the Riverside County Surveyor with the following note: “The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible bui lding material being placed on an individual lot.”
Prior to Map
Recordation
Engineering Dept.
17. Prior to recordation of the final map, the improvement plans for the required public street improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer.
Prior to Map
Recordation
Engineering Dept.
18. The Developer shall dedicate public utility easements where applicable for overhead and/or underground facilities and appurtenances to the satisfaction of the City Engineer.
Prior to Map
Recordation
Engineering Dept.
19. Prior to recordation of the final map, all above-ground utilities, including but not limited to communication and power that are 33KV in size or less , shall be undergrounded (or securities posted) by the Developer in accordance with City of Wildomar Municipal Code Section 16.40.010 requirements. The undergrounding of utilities shall be reflected on the project improvement plans . (amended by City Council on 2/13/19)
Prior to Map
Recordation
Engineering Dept
20. The Developer shall show all easements per the Title Report to the satisfaction of Public Works. Any conflict with existing easements resulting in the site being redesigned potentially requires a minor change or amendment approval by Planning Commission.
Prior to Map
Recordation
Engineering Dept.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
21. Prior to the recordation of the final map or issuance of the first building permit, Developer shall dedicate the easterly half of Monte Vista Drive to provide for a 46-foot haft street measured from the “New” centerline per Riverside County Standard Drawing No. 109 Modified as show on the Monte Vista Drive cross section on the Tentative Tract Map. Off - site transitions may require additional dedications. All property conveyed to the City of Wildomar in fee title shall be free and clear of any encumbrances, except as expressly permitted by the City. The Developer shall provide title insurance in conjunction with all fee title dedications to the City of Wildomar. Inability of the Developer to acquire any necessary offsite dedications may require redesign of project.
Prior to Map
Recordation or
Issuance of the
First Building
Permit
Engineering Dept.
22. Developer shall prepare improvement plans for approval by the City Engineer and construct (or secure) improvements to Monte Vista Drive as show on the Tentative Map street cross section to include full street improvements to the easterly half plus partial improvements from the centerline to the outside edge of the first lane line on the westerly half of the street in accordance with the City of Wildomar Road Improvement Standards & Specifications, Improvement Plan Check Policies and Guidelines and to the satisfaction of the City Engineer.
Improvements shall include roadway grading, removal and replacement of existing pavement, grind and overlay (west side only), new pavement, curb and cutter, 6- foot wide curb adjacent sidewalk with an 8- foot wide R/W adjacent trail in the parkway, street lights, roadway signing and striping. 10:1 incoming and outgoing transitions shall be required at the project boundaries.
Prior to Map
Recordation or
Issuance of the
First Building
Permit
Engineering Dept.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
23. This project is dependent upon the construction of the offsite street that intersects Monte Vista Drive and runs directly adjacent to and parallel with the north project boundary. This street provides the main entrance to the 80 single family lots and the commercial site. In the event that the adjacent project (Tract No 32024) does not construct this street prior to recordation of this project’s tract map, the Developer shall be responsible to dedicate street right of way to include a 28- foot half street on the south side plus an additional 12-
feet north of
centerline for two-way traffic to the satisfaction of the City Engineer. In addition, street improvement plans shall be prepared and approved and improvements constructed (or secured) for this offsite street per the City of Wildomar Road Improvement Standards & Specifications, Improvement Plan Check Policies and Guidelines and to the satisfaction of the City Engineer.
Prior to Map
Recordation or
Issuance of the
First Building
Permit
Engineering Dept.
24. Public onsite streets A, B and D , as shown on the Tentative Tract Map, shall be dedicated, designed and constructed (or secured) prior to recordation of the final map. Full width street dedications shall conform to Riverside County Local Street Standard No. 105 to include a 56- foot right of way with 36- feet between curbs and two 10- foot parkways and shall be designed and constructed in accordance with the City of Wildomar Road Improvement Standards & Specifications, Improvement Plan Check Policies and Guidelines and to the satisfaction of the City Engineer.
Prior to Map
Recordation or
Issuance of the
First Building
Permit
Engineering Dept.
25. Public onsite street C shall be dedicated, designed and constructed (or secured) prior to recordation of the final map per the Typical Section shown on the Tentative Tract Map. Street dedications shall conform to Riverside County Local Street Standard No. 105 Modified to include a 47.50 -foot right of way with 36 -feet between curbs, a 10 - Prior to Map
Recordation or
Issuance of the
First Building
Engineering Dept.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
foot parkway on the east side and a 1.5 -ft parkway on the w est side and shall be designed and constructed in accordance with the City of Wildomar Road Improvement Standards & Specifications,
Improvement Plan Check Policies and Guidelines and to the satisfaction of the City Engineer.
Permit
26. Prior to recordation of the final map, a signing and striping plan shall be approved by the City Engineer and signing and striping installed (or secured) to the satisfaction of the City Engineer. The signing striping plan shall establish “No Stopping Anyti
me Zones” along the Monte
Vista Drive project frontage and include signing for Sight Distance as outlined in the Traffic Impact Analysis. Limit Use areas shown in the Traffic Impact Analysis shall be consistent with the Street Improvement Plans to provide both Stopping Sight Distance and Corner Sight Distance from the Project Entrance driveway . The project proponent shall be responsible for any additional paving and/or striping removal caused by the striping plan to the satisfaction of the City Engineer.
Prior to Map
Recordation
Engineering Dept.
27. Prior to recordation of the final map, the Developer shall prepare traffic control plans (or post securities for costs to prepare traffic control plans) and sureties shall include costs to provide for traffic control during construction.
Prior to Map
Recordation
Engineering Dept.
28. Prior to recordation of the final map or issuance of a grading permit, Developer shall prepare a comprehensive drainage study for approval by the City Engineer. The 10-year storm flow shall be contained within the curb and the 100- year storm flow shall be contained within the street right of way. When either of these criteria is exceeded, additional drainage facilities shall be installed. All lots shall be graded to drain to the adjacent street or an adequate outlet.
Prior to Map
Recordation or
Grading Permit
Engineering Dept.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
29. Prior to recordation of the final map or issuance of a grading permit, the Developer shall submit plans for approval by the City Engineer and construct (or secure) public storm drain improvements as shown on the approved Tentative Tract Map.
Prior to Map
Recordation or
Grading Permit
Engineering Dept.
30. All bio -basins, retention basins and associated drainage pipes and appurtenances shall be privately maintained. However, in the event that the City determines it necessary to take over maintenance at a future date, the final map shall be set up to allow for immediate action.
Therefore, the final map shall include lettered lots or easements to contain each basin and associated appurtenances to be offered to the City in the Owner’s Statement. Initially, the City will decline the offer, but will have the option to accept at a future date. In addition, t he above listed facilities shall be included in the CFD Annexation when establishing the maximum tax to ensure a revenue source for maintenance in the event the City takes over.
Prior to Map
Recordation
Engineering Dept.
31. Developer to provide a 10- foot wide public trail easement adjacent to lot 80 as shown on the Tentative Tract Map.
Prior to Map
Recordation
Engineering Dept.
32. Prior to or concurrently with the recordation of the final map, Developer shall record an offsite 20- ft wide private drainage easement for the storm drain exiting the basin in Lot 81 that connects to the Caltrans Culvert #12 as shown on the Tentative Tract Map. The storm drain within this easement shall be designed and constructed (or secured) prior to recordation of the final map or issuance of a grading permit.
Prior to Map
Recordation
Engineering Dept.
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
33. Prior to recordation of the final map, Developer to design and construct (or secure) the “bypass” storm drain system across lots 81 & 82 as shown on the Tentative Map. Appropriate private easement shall be dedicated on the final map as shown on the Tentative Map.
Prior to Map
Recordation
Engineering Dept.
34. The final map shall include a Fire Department emergency access from the north terminus of Street D to the proposed cul -de-sac on the north adjacent property (said cul -de-
sac shown on Tentative Map No.
32024). Emergency access easement to be shown on the f inal tract map and width and alignment approved by the Fire Department prior to recordation of the Final Tract Map.
Prior to Map
Recordation
Engineering Dept.
35. Lettered Lot E - H shall be retained by the owner as private and maintained by a Home Owner’s Association (HOA). The CC&R’s shall include provisions for maintenance of this landscaped lot.
Prior to Map
Recordation
Engineering Dept.
36. Prior to the recordation of the final map or issuance of the first building permit, the Developer shall record a reciprocal agreement between commercial lots 81 -84 for ingress and egress, reciprocal access, parking and drainage acceptance to the satisfacti on the Public Works and Planning Director’s. A recorded copy of the agreement shall be submitted to the Planning Department within
30 days of map
recordation.
Prior to Map
Recordation or
Issuance of
Building Permits
Engineering Dept.
37. Prior to recordation of the final map, the Developer shall submit landscaping and irrigation plans and install (or secure) landscaping for work within the public right -of-
way to the City for approval. These
plans shall include water usage calculations, estimate of irrigation and the location of all existing trees that will remain. All plans and calculations shall be designed and calculated per the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Prior to Map
Recordation
Engineering Dept. and
Planning Dept
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
Check Policies and Guidelines, Ci ty Codes and to the satisfaction of the City Engineer.
38. Prior to the recordation of the final map, Covenants, Conditions, and Restrictions (CC&R’s) or a Property Owner’s Agreement shall be submitted to and approved by the City. The CC&R’s/Property Owner’s Agreement shall provide for the effective establishment, operation, management, use, repair and maintenance of all common areas, private drainage facilities, landscaping, parking areas, private roads, basins, BMP’s, etc.
Prior to Map
Recordation
Planning/ Engineering
Departments and City
Attorney
39. The project CC&R’s/Property Owner’s Agreement shall be recorded prior to or concurrently with the recordation of the final map and one hard copy and an electronic copy of the final recorded document shall be provided to the Planning Department.
Prior to Map
Recordation
Planning/ Engineering
Departments and City
Attorney
RIVERSIDE COUNTY FIRE DEPARTMENT
General Conditions
1. Fire Hydrants and Fire Flow: Provide or show there exist fire hydrant(s) capable of delivering required fire flow per the California Fire Code, Riverside County Fire Department within 600 feet to all portions of the proposed structures. The Riverside County Fire Department has a Technical Policy allowing this distance to increase based upon an upgraded sprinkler system in the home. Reference 2016 California Fire Code (CFC) Section 507.5.1.
On-Going Fire Department
2. Water Plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil On-Going Fire Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
engineer, and shall confirm hydrant ty pe, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Ref. CFC 105.4.1.
3. Water system prior to combustibles on site: No combustible material shall be brought on site until the water system has been inspected and approved by the Riverside County Fire Department.
On-Going Fire Department
4. Blue Dot Reflectors: Blue retro- reflective pavement markers shall be installed to indicate the location of fire hydrants. On-Going Fire Department
5. Fire Department Access: Fire Department apparatus access shall be provided to within 150 feet of all portions of all buildings. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The Applicant shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs.
On-Going Fire Department
6. Building Address Numbers: Display street numbers in a prominent location on the address side of buildings. Numbers shall be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours.
On-Going Fire Department
7. Address: The address shall be posted per Riverside County Fire Department standards and will be clearly visible from public roadway.
Ref. CFC 505.1 as amended by the City of Wildomar and the County of Riverside Fire Prevention Standard #07-01 Premises Identification.
On-Going Fire Department
8. Knox Rapid Entry System: Gates shall be equipped with a Knox Rapid Entry System. Contact the Riverside County Fire Department for further information.
On-Going Fire Department
ATTACHMENT C – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Tentative Tract Map No. 37476 (PA No. 18-0034) APN’s: 367-140-008; 367-140-010 & 367-140-012
Tentative Tract Map No. 37476 Approval Date:
February 13, 2019 (by City Council)
Tentative Tract Map No. 37476 Expiration Date:
February 13, 2022
Conditions of Approval Timing /
Implementation
Enforcement /
Monitoring
Verification Date
& Signature
END
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
PLANNING DEPARTMENT CONDITIONS
Standard Conditions
1. In compliance with Chapter 15094 of the CEQA Guidelines, a Notice of Determination (NOD) shall be filed with the Riverside County Clerk within five (5) working days of project approval by the City Counc il.
The notice shall include the required California Department of Fish and Wildlife (Fish and Game Code Chapter 711.4.d.3) fee, and the Riverside County Clerk administrative fee (paid by the Applicant) in the amount of $2,404.75. Failure to pay the required fee will result in the project being deemed null and void (California Fish and Game Code Chapter 711.4(c)). The above fee shall be provided to the Planning Department no later than February 14, 2019 and is broken down as follows:
a. California Department of Fish and Wildlife = $2,354.75 b. Riverside County Clerk Administrative Fee = $50.00
February 14, 2019 Planning Department
2. The Applicant’s signature below, which shall be submitted to the Planning Department on or before February 21 , 2019, hereby veri fies the acceptance of the “Council Adopted Conditions of Approval” contained within this conditions of approval matrix.
Applicant Signature Date
February 21, 2019 Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
3. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, de
claratory, administrative or
adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its
officials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials , officers,
employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction.
City shall promptly notify the Applicant
of any Action brought and
request that Applicant defend the City. It is expressly agreed that Applicant may select legal counsel providing the Applicant ’s defense and the City shall have the right to approve separate legal counsel providing the City’s defense. The Applicant shall reimburse City for any attorneys’ fees, costs and expenses directly and necessarily incurred by the City in the course of the defense. Applicant agrees that City will forward monthly invoices to Applicant for atto rneys’ fees, costs and expenses it has incurred related to its defense of any Action Ongoing Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
and Applicant agrees to timely payment within thirty (30) days of receipt of the invoice. Within fourteen (14) days of an Action being filed, Applicant agrees to post ade quate security or a cash deposit with City in an amount to cover the City’s estimated attorneys’ fees, costs and expenses incurred by City in the course of the defense in order to ensure timely payment of the City’s invoices. The amount of the security or cash deposit shall be determined by the City. City shall cooperate with Applicant in the defense of any Action.
4. Plot Plan No. 18- 0034 shall not become effective until 30 days after the second reading of the Ordinance appro ving Change of Zone No. 18-0034 by the City Council. No grading or building permits shall be issued until after the effective date of the change of zone.
April 13, 2019 Planning Department
5. Within 30 days after approval of the second reading of the Ord inance approving Plot Plan No. 18- 0034 by the City Council, the Applicant shall pay all applicable outstanding/negative deposit account balances (#18-0034). Failure to pay the outstanding balance by the due date may result in delays in the processing building permits.
May 13, 2019
Planning Department
6. Approval of Plot Plan No. 18-0034 shall expire on February 13, 2022 (3 years after approval by the City Council) if grading and/or building permits have not been issued and substantial construction work has not commenced on the project site. For the purposes of this condition, the term “commenced
” means either the beginning of substantial
construction of facilities for the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The Applicant may submit a request for a one -year February 13, 2022 Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
Extension of Time (EOT) for review and approval of the Planning Director in accordance with Chapter 17.216.070 of the Wildomar Municipal Code. Said extension of time application and fee must be submitted prior to the expiration date. If a request for an EOT has not been submitted by this deadline, then Plot Plan No. 18- 0034 shall automatically become null and void.
7. In accordance with Chapter 66020.d.1 of the Government Code, the Applicant has 90 days from project approval to file a protest of the imposition of fees, dedications, reservations, or other exactions be ing imposed on this project. Notice is hereby given to the Applicant that the 90- day appeal period begins with the tentative approval date by City Council on February 13, 2019.
May 13, 2019 Planning Department
8. Applicant hereby understands and agrees that failure to comply with all Conditions of Approval may result in the City Council taking action resulting in a modification to the Conditions of Approval and/or suspension or revocation of the plot plan.
On-Going Planning Department
9. The project site shall be developed in accordance with the approved development plans for Plot Plan No. 18- 0034 as approved by the City Council on February 13, 2019. The Applicant may request a modification/revision to the approved project, if needed, in accordance with Chapter 17.228 of the Wildomar Municipal Code.
Ongoing Planning Department
10. The proposed Project shall comply with existing SCAQMD rules for the reduction of fugitive dust emissions in accordance with SCAQMD Rule 403.
On-Going
Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
11. Erosion control -landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded . Temporary erosion controls shall occur immediately upon establishing planting final grades to minimize erosion and to ensure slope coverage prior to the rainy season. Prior to occupancy, t he Applicant shall plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees or as approved by the City Engineer.
On-Going Planning Department
12. If human remains are encountered during grading activities, State Health and Safety Code Chapter 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Chapter 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonabl e timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Chapter 5097.98.
On-Going Planning &
Engineering Depts.
13. The Applicant is prohibited from using any sort of blasting device/activity during all grading and/or construction operations. On-Going Planning Department ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
14. The proposed development approved by the City Council shall comply with the standards and requirements of the City’s Light Pollution Ordinance in accordance with Chapter 8.64 of the Wildomar Municipal Code.
On-Going Planning Department
15. As required by Chapter 8.56 of the WMC, subsequent development on the site will need to comply with the County of Riverside, Department of Environmental Health, Local Enforcement Agency (LEA) for all activities related to potential hazardous materials.
On-Going Planning Department
16. The Applicant shall be required to provide at least one (1) 220 volt electric vehicle plug in fixture in each enclosed garage. This information shall be provided on the construction drawings when they are submitted to the Building Department.
On-Going Planning & Building
Departments
17. The Applicant shall provide EV charging stations, EV parking spaces, and bike racks/spaces within the business park development area (i.e., Lots 81 – 84 of TTM 374176) in accordance with the current Cal - Green building code stan dards and requirements at the time of construction drawing submittals. This information shall be reflected on the construction drawings submitted to the Building Official prior to the issuance of building permits.
On-Going Planning & Building
Departments
18. All plot plans which permit the construction of more than one structure on a single legally divided parcel shall, in addition to all other requirements, be subject to a condition which prohibits the sale of any existing or subsequently constructed structures on the parcel until the parcel is divided and a final map recorded in accordance with Title 16 (Subdivisions) in such a manner that each building is located on a separate legally divided parcel.
On-Going Planning & Building
Departments
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
Mitigated Negative Declaration (MND) Mitigation Measures Biological Resources
19. BIO-1 Vegetation clearing/grubbing, ground disturbance (e.g., grading, earthmoving, excavation, use of heavy equipment), and construction activities that may directly (e.g., grading) or indirectly (e.g., noise) affect protected nesting avian species shall be timed to avoid the typical avian nesting season (February 15 to August 31 for songbirds; January 15 to August 31 for raptors). If such activities are scheduled to occur during the nesti
ng season, a qualified biologist
shall conduct a preconstruction survey for nesting raptors and other protected avian species within 500 feet of proposed disturbance activities. The preconstruction survey shall be conducted no more than 14 days prior to th e start of vegetation clearing/grubbing. As determined necessary by the biologist, surveys for nesting birds may be required to continue during grading/construction to address the potential for new arrivals and unique species’ breeding seasons. The necessity and timing of these continued surveys shall be determined by the biologist in coordination with the City, the Western Riverside County Regional Conservation Authority, and participating wildlife agencies as needed.
If raptors or other protected avian nests are identified during the above surveys, the qualified biologist shall notify the City, the Western Riverside County Regional. Conservation Authority, and participating wildlife agencies, and an appropriate no- disturbance buffer shall be imposed (to be determined by the biologist) within which no vegetation clearing/grubbing, ground disturbance, and construction activities shall take place (generally 500 feet in all directions for raptors; other avian No more than 14
days prior to any
vegetation removal
or ground-
disturbing activities
City of Wildomar
Public Works &
Planning Depts.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
species may have species-specific requirements) until the young have fledged and are no longer reliant upon the nest or parental care for survival, as determined by the biologist.
20. BIO-2 Due to the presence of potentially suitable habitat on the project site and in adjacent off -site areas, a 30- day preconstruction survey for burrowing owl is required pursuant to the MSHCP. If burrowing owls are determined present during the 30- day preconstruction survey, occupied burrows shall be avoided to the greatest extent feasible, following the guidelines in the Staff Report on Burrowing Owl Mitigation published by California Department of Fish and Wildlife (2012) including, but not limi ted to, conducting preconstruction surveys, avoiding occupied burrows during the nesting and non-
breeding seasons, implementing a worker awareness
program, biological monitoring, establishing avoidance buffers, and flagging burrows for avoidance with visib le markers. If occupied burrows cannot be avoided, acceptable methods may be used to exclude burrowing owl either temporarily or permanently, pursuant to a Burrowing Owl Exclusion Plan that shall be prepared and implemented to the approval of the City and the Western Riverside County Regional Conservation Authority.
No more than 14
days prior to any
vegetation removal
or ground-
disturbing activities
City of Wildomar
Public Works &
Planning Depts.
21. BIO-3 The following construction-related best management practices (BMPs) shall be implemented during vegetation clearing/grubbing, ground disturbance (e.g., grading, earthmoving, excavation, use of heavy equipment), and construction activities to avoid impacts to potentially occurring special-status wildlife species:
• Prior to vegetation clearing/grubbing, a biological monitor shall Prior to any
vegetation removal
or ground-
disturbing activities.
City of Wildomar
Public Works &
Planning Depts.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
conduct a preconstruction meeting with the construction crew to identify appropriate access route(s) in and out of the construction area and to review project boundaries. Prior to vegetation clearing/grubbing, a biological monitor shall inspect the limits of protective fencing along the work limits adjacent to on/off -site habitats to remain. Following construction, a qualified biologist shall ensure temporarily disturbed vegetated areas are returned to pre- project contours using a local native plant hydroseed mix.
Cultural Resources
22. CUL-1 To address the possibility that historical, archaeological, and/or tribal cultural resources (collectively referred to as “cultural resources” in these mitigation measures) may be encountered during grading or construction, a qualified professional archaeologist shall monitor all construction activities that could potentially impact cultural resources (e.g., grading, excavation, and/or trenching). The Pechanga Band of Luiseño Indians may assign individuals to monitor all grading, excavation, and groundbreaking activities as well, and the tribal monitors shall be allowed on-site during any construction activities that could potentially impact cultural resources. However, monitoring may be discontinued as soon the qualified professional and the appropriate tribe(s) are satisfied that constr
uction will not disturb cultural
resources.
During any ground-
disturbing
construction
activities
City of Wildomar
Planning Department
and Building and
Safety Department
23. CUL-2 At least 30 days but no more than 60 days prior to the issuance of any grading permit, the project archaeologist shall file a pre-
grading report with the City to document the proposed
methodology for grading activity observation which will be determined in consultation with the tribe(s) that intend to assign tribal monitors Thirty days (30)
prior to any ground-
disturbing
construction
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
pursuant to mitigation measure CUL -1. The archaeologist and the tribal monitor(s) will have the authority to temporarily halt and redirect grading activities in order to evaluate the significance of any cultural resources discovered on the project site.
activities
24. CUL-3 At least 30 days but no more than 60 days prior to the issuance of any grading permit, the project applicant shall contact the Pechanga Band of Luiseño Indians with notification of the proposed grading and shall enter into a Tribal Cultural Resources Treatment and Monitoring Agreement with the tribe. The agreements shall include, but not be limited to, outlining provisions and requirements for addressing the handling of tribal cultural resources; project grading and development scheduling; terms of compensation for tribal monitors; treatment and final disposition of any tribal cultural resources, including but not limited to sacred sites, burial goods, and human remains, discovered on the site; and establishing on- site monitoring provisions and/or requirements for professional tribal monitors during all ground- disturbing activities. The terms of the agreements shall not conflict with any of these mitigation measures. A copy of the signed agreement shall be provided to the Planning Director and the Building Official prior to the issuance of the first grading permit.
During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
25. CUL-4 If during grading or construction activities, cultural resources are discovered on the project site, work shall be halted immediately within 50 feet of the discovery and the resources shall be evaluated by the archaeologist and the tribal monitor(s). Any cultural resources that are discovered shall be evaluated and a final report prepared by the archaeologist. The report shall include a list of the resources During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
discovered; documentation of eac h site/locality; interpretation of the resources identified; a determination of whether the resources are historical resources, unique or non- unique archeological resources, and/or tribal cultural resources; and the method of preservation and/or recovery f or the identified resources. If the archaeologist, in consultation with the tribes, determines the cultural resources to be either historic resources or unique archaeological resources, avoidance and/or mitigation will be required pursuant to and consistent with CEQA Guidelines Section 15064.5(c) and Public Resources Code Section 21083.2. Further ground disturbance shall not resume within the area of the discovery until the City, project applicant, project archaeologist, and consulting tribe(s) reach an agreement regarding the appropriate treatment of the cultural resources, which may include avoidance or appropriate mitigation.
Pursuant to California Public Resources Code Section 21083.2(b), avoidance is the preferred method of preservation for archaeologic al and cultural resources. Work may continue outside of the buffer area and will be monitored by additional tribal monitors, if needed as determined by the project archaeologist and the consulting tribe(s).
26. CUL-5 In the event that cultural resources are discovered during the course of grading (inadvertent discoveries), the following shall be carried out for final disposition of the discoveries:
a) The landowner(s) shall agree to relinquish ownership of all recovered tribal cultural resources to the consulting tribe(s), including sacred items and all artifacts as part of the required treatment for impacts to cultural resources.
b) One o r more of the following treatment, in order of preference During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
below, with (i) being the preferred treatment and (ii) being the secondary preferred treatment, shall be employed with the agreement of all Parties. Evidence of such agreement shall be provided to the City:
i. Preservation in place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in place they were found with no development affecting the integrity of the resources.
ii. On-site relocation to a preservation area shall be
accomplished as requested by the consulting tribe(s). The preservation area location shall be governed by measures and provisions to protect the preservation area from any future impacts in perpetuity. Relocation shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of the consulting tribe(s). c) Only if (i) and (ii) above cannot be employed, curation shall be arrang
ed with an appropriate qualified repository that meets
federal standards per 36 CFR Part 79. The cultural resources would be professionally curated and made available to other archeologists/researchers/tribal governments for further research and culturally appropriate use. The collections and associated records shall be transferred to a curation facility meeting the above federal standards to be accompanied by a curation agreement, and payment of any fees necessary for permanent curation.
27. CUL-6 Construction personnel involved in excavation and grading activities shall be informed of the possibility of discovering fossils at During any ground-
disturbing
City of Wildomar
Public Works
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
any location a nd the protocol to be followed if fossils are found. A professional meeting the Society of Vertebrate Paleontology’s standards shall provide the preconstruction training. The City shall ensure the grading plan notes include specific reference to the potential discovery of fossils. If potentially unique paleontological resources (fossils) are inadvertently discovered during project construction, work shall be halted immediately within 50 feet of the discovery, the City shall be notified, and a professional p aleontologist shall be retained to determine the significance of the discovery. The paleontologist shall establish procedures for paleontological resource surveillance throughout project construction and shall establish, in cooperation with the project app licant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. Excavated finds shall be offered to a State- designated repository such as the Museum of Paleontology at the University of Californ ia, Berkeley, or the California Academy of Sciences.
construction
activities
Department and
Planning Department
28. CUL-7 If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbanc e until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. Subsequently, the Native A merican Heritage Commission shall identify the most likely descendant and notify them of discovery. The most likely descendant shall then make During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resourc es Code Section 5097.98.
Geology/Soils
29. GEO-1 The project applicant shall incorporate the recommendations of the preliminary geotechnic al/geological Public Works study prepared by Soils Southwest (2018a; Appendix 5.0) into project plans related to the proposed project. The project’s building plans shall demonstrate that they incorporate all applicable recommendations of the design- level g eotechnical study and comply with all applicable requirements of the latest adopted version of the California Building Code. A licensed professional engineer shall prepare the plans, including those that pertain to soil Public Works , structural foundations, pipeline excavation, and installation. All on-site soil Public Works activities shall be conducted under the supervision of a licensed geotechnical engineer or certified Public Works geologist. All plans will be subject to the approval of the City Engineer.
Prior to any
ground-disturbing
construction
activities
City of Wildomar
Planning Department
and Building and
Safety Department
Hazards and Hazardous Materials
30. HAZ-1 Prior to the issuance of building permits, the project applicant shall demonstrate, to the satisfaction of the City Building Official and the Riverside County Fire Chief, compliance with the 2016 California Building Code or the most recent edition of the 2016 California Fire Code (Part 9 of Title 24 of the California Code of Regulations) , including those regulations pertaining to materials and construction methods intended to mitigate wildfire exposure as described in the 2016 California Building Code and California Residential Code (or Prior to issuance of
building permits
City of Wildomar
Building Department
and Riverside County
Fire Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
most recent edition); specifically California Buildi ng Code Chapter 7A; California Residential Code Section R327; California Residential Code Section R337; California Referenced Standards Code Chapter 12- 7A; and California Fire Code Chapter 49.
31. HAZ-2 Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate, to the satisfaction of the City Building Official and the County Fire Chief, compliance with the vegetation management requirements prescribed in California Fire Code Section 4906, including California Government Code Section 51182.
Prior to issuance of
certificate of
occupancy
City of Wildomar
Building Department
and Riverside County
Fire Department
Noise
32. NOI-1: Construction Noise Impacts. In addition to adherence to the City of Wildomar’s policies found in the General Plan Noise Element and the Municipal Code limiting the construction hours of operation, the following measures shall be implemented to reduce construction noise and vibrations emanating from the proposed project:
1. During all project site excavation and grading on- site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained muffler s, consistent with manufacturers’ standards.
2. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise -sensitive receptors nearest the project site.
3. Equipment shall be shut off and not left to idle when not in use.
4. The contractor shall locate equipment staging in areas that will create the greatest distance between construction -related During each
construction phase
or any ground-
breaking activity
Planning and Public
Works Departments
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
noise/vibration sources and sensitive receptors nearest the project site during all project construction.
5. Jackhammers, pneumatic equipment, and all other portable stationary noise sources shall be shielded, and noise shall be directed away from sensitive receptors.
6. The contractor shall limit the use of heavy equipment or vibratory rollers and soil compressors within 25 feet of existing structures to the greatest degree possible.
Transportation/Traffic
33. TRA-1 Traffic Signal. The project applicant shall install a traffic signal at Monte Vista Drive / Project North Access ‐#6 (on “New” Street). The applicant shall also ensure that, at project buildout, all traffic signals within the study area function as a coordinated system.
Prior to Occupancy
Permits
Planning and Public
Works Departments
Tribal Cultural Resources
34. Refer to mitigation measures CUL -1 through CUL -5 and CUL -7 for implementation of applicable mitigation measures related to tribal cultural resources.
CUL-1 through
CUL-5 and CUL-7
Planning and Public
Works Departments
Prior to Issuance of Grading Permits
35. Prior to the issuance of a grading permit, the Applicant shall submit a haul permit for any import of material to the site or export of material off-site for review and approval by the C
ity Engineer and Planning
Director. The request for a haul permit shall include a haul route plan addressing the limitations of haul hours, number of loads per day and the posting of traffic control personnel at all approved entrances/exits Prior to Issuance of
a Grading Permit
Planning and Public
Works Departments
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
onto public roa ds. This haul permit shall be in place prior to the issuance of the grading permit and the mobilization of equipment on the project site. If the proposed material source or disposal site does not have an approved environmental assessment, a grading environmental assessment shall be submitted for review and approval by the Planning Director prior to the issuance of the haul permit.
36. Prior to the issuance of a grading permit for th e single family residential portion of the project, the Applicant shall submit two (2) sets of final/detailed landscape and irrigation plans prepared by a registered landscape architect to the Planning Director and City’s Landscape Architect for review and approval.
Prior to Issuance of
Grading Permits
Planning Department
37. Prior to th e issuance of a grading permit for the business park development portion of the project, the Applicant shall submit two (2) sets of final/detailed landscape and irrigation plans prepared by a registered landscape architect to the Planning Director and City’s Landscape Architect for review and approval.
Prior to Issuance of
Grading Permits
Planning Department
38. The following special landscape requirements/conditions shall be applied to the landscape and irrigation plans required under Planning Condition No. 34 & 35 above:
a) Provide separate slope planting design and plant palette from non-
slope areas. Use various spreading groundcovers on
slopes to provide 100% coverage and s lope erosion control within 1 year.
b) Provide a Basin landscape design to show a list/palette of shrubs that go in the basin area slopes and bottom if
applicable.
Prior to Issuance of
Grading Permits
Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
c) Tubular Steel Fencing shall be provided as designed and shown on the approved plans.
d) Provide enhanced paving area with pavers or stamped color concrete at project entries.
e) Provide accent trees at project interior corners, corridors and end of streets/cul -de-
sacs per the approved conceptual
landscape plans.
f) The proposed picnic s helter, pool area, tot -lot/basketball court area and dog park shall be designed to be consistent with the approved plans.
g) Vertical/screening type trees at end of buildings shall be designed to be consistent with the approved plans.
h) Provide vertical theme trees and or Date Palms at pool area, (18’BTH Min.)
i) All site amenities, benches, tot -lots, trash receptacles, etc., shall be designed to be consistent with the approved plans.
j) Accent trees 36” -box and 48” -box shall be provided at end of streets, corners, etc., per the approved plans.
Prior to Issuance of Building Permits
39. Prior to issuance of building permits for Plot Plan No. 18- 0034, the Applicant shall submit a detailed/final photometric analysis for review and approval by the Planning and Building departments. The proposed development approved by the City Council shall comply with the standards and requirements of the City’s Light Pollution Ordinance in accordance with Chapter 8.64 of the Wildomar Municipal Code.
Prior to Issuance of
Building Permits
Planning & Building
Departments
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
40. Prior to the issuance of a building permit, the Applicant shall prepare a comprehensive sign program for the project for review and approval by the Planning Director. The sign program shall be consistent with all applicable provisions of Chapter 17.252 (Sign Regulations) of the Wildomar Municipal Code.
Prior to Issuance of
Building Permits Planning Department
Prior to Issuance of a Certificate of Occupancy
41. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall be inspected, and installed consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director, or his designee. All plants shall be he althy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order which may be verified via an irrigation audit. .
Prior to the
Issuance of
Occupancy Permits Planning Department
42. Prior to the issuance of occupancy permits, the following conditions shall be satisfied:
• Performance securities, in the amount determined by the City Landscape Architect and Planning Director, shall be provided to guarantee the adequate maintenance of the landscaping materi als and irrigation system in accordance with the approved plans for a period of one (1) year from the date of final clearance of the installed landscaping by the City. Acceptable forms of security shall be limited to cash deposit, cash bonds, or irrevocable letters of credit. The performance securities shall be released one (1) year after final clearance of the installed landscaping by the City, upon written request by the owner, if the landscaping has been adequately maintained in accordance with the app roved
Prior to the
Issuance of
Occupancy Permits
Planning Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
landscape plans. A deposit to cover re -inspection of the landscape, at the current City rate shall be posted with the Planning Department prior to re- inspection for maintenance bond release.
• The project landscape contractor shall provide the City with the Landscape Installation Certification of Completion stating that the landscaping was installed per the approved plans. The City will review the Certificate and conduct inspections to ensure that the landscape installation is in compliance with the approved landscape plans.
43. In accordance with Chapter 17.92.040.D of the WMC, the applicant shall provide a decorative block wall along the south and east property lines of the business park a
s these property lines abut residential
zoned properties. These wall shall be reflected on the construction drawings as part of the building plan check process.
Prior to Occupancy
Permits
Planning and Building
Departments
44. Prior to the Issuance of Occupancy Permits for the Hotel proposed on Lot 82 of Tentative Tract Map No. 37476, the Applicant shall install a traffic signal at the intersection of Bundy Canyon Road and Monte Vista Drive. (added by City Council on 2/13/19)
Prior to Occupancy
Permits
Planning and Public
Works Departments
PUBLIC WORKS/ENGINEERING/BUILDING DEPARTMENT CONDITIONS General Requirements/Conditions
1. The project shall comply with all conditions of approval for Tentative Tract Map No. 37476 to the satisfaction of the City Engineer. On-Going Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
2. The project shall comply with all mitigation measures identified in the approved Traffic Impact Analysis to the satisfaction of the City Engineer.
On-Going Public Works Dept.
3. The Developer shall obtain City approval for any modifications or revisions to the approval of this project. Deviations not identified on the plans may not be approved by the City, potentially resulting in the need for the project to be redesigned. Amended entitlement approvals may be necessary as a result.
On-Going Public Works Dept.
4. Should Developer elect to develop this project in phases, appropriate phasing plans shall be submitted for review and approval by the City Engineer and Community Development Director.
On-Going
Public Works Dept.
Planning Dept.
5. The project site shall accommodate for construction of future drainage Line “C” by Riverside County Flood Control and Water Conservation District (RCFC&WCD) to the satisfaction of the City Engineer and RCFC&WCD. Developer shall coordinate final engineering design with RCFC&WCD prior to project plan submittal to the City for plan checking.
On-Going Public Works Dept.
6. No grading shall be performed without the prior issuance of a grading permit by the City. Prior to Issuance of
Grading
Permits/On-Going
Public Works Dept.
7. Prior to issuance of any permits, the Developer shall provide a current Title Report and show all easements, rights -of-way, and encumbrances to the satisfaction of the Public Works Director. If the Prior to Issuance of
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
Developer is different than the owner identified in the Title Report then a notarized letter authorizing the Developer to improve the property shall be provided.
any permits.
Building Dept.
8. All grading shall conform to the California Building Code, Ordinance 457, and all other relevant laws, rules, and regulations governing grading in the City of Wildomar. The Developer shall obtain a grading permit from the Building Department for any grading which includes 50 or more cubic yards.
On-Going
Public Works Dept.
Building Dept.
9. All necessary measures to control dust shall be implemented by the Developer during grading to the satisfaction of the City Engineer. A PM10 plan may be required at the time a grading permit is issued.
Prior to Issuance of
Grading
Permits/On-Going
Public Works Dept.
10. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the City Engineer. Contour grade to mimic natural slopes in the area.
On-Going Public Works Dept.
11. Grading in excess of 199 cubic yards will require a grading agreement an
d a performance security to be posted with the City. Grading Agreements require City Council Approval unless authority is delegated to the City Engineer.
On-Going Public Works Dept.
12. The Developer/owner or contractor shall apply for an Encroachment Permit for work performed within the public right of way. Compliance with current environmental regulations applies and additional studies and/or permits may be required.
On-Going Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
13. Storm water and non- storm water discharges from the proje ct site shall be mitigated in conformance with the applicable Regional Water Quality Control Board permit(s) and/or site specific SWPPP prior to entering into the MS4s.
On-Going Public Works Dept.
14. For commercial/industrial projects, the Developer shall submit a Business Registration application to the city for approval. The Business Registration shall indicate that this business in required to submit a Storm
water Compliance Deposit to the City for ongoing
Commercial/Industrial Inspection requirements o f the City’s MS4 permit (NPDES Inspection). The requirement for storm water compliance deposits and NPDES inspections are recurring for the duration of the conditional use permit. The Developer/applicant shall also provide to the Planning Department, as
part of the Business’
Statement of Operations, a copy of the educational materials, business’ handbook, training or similar documents describing the business’ best management practices for storm water pollution prevention.
On-Going Public Works Dept.
15. The Developer shall provide all tenants/employees/homeowners with educational materials regarding Best Management Practices for Stormwater Pollution Prevention. Educational materials are available on the Riverside County Flood Control and Water Conservation District’s website.
On-Going Public Works Dept.
16. The commercial portion of the project shall include recycling facilities per current California State Standards and to the satisfaction of the City Engineer.
On-Going Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
17. The Developer shall dedicate, design and construct all improvements in accordance the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, as further conditioned herein and to the satisfaction of the City Engineer.
On-Going Public Works Dept.
18. The Developer shall be responsible for all costs associated with off - site right -of-way acquisition, including any costs associated with the eminent domain process, if necessary.
On-Going Public Works Dept.
19. Erosion contr ol – landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded. The soils engineer shall review the erosion control plans for conformance with the Geotechnical Report’s Findings and Recommendations. Erosion control shall be placed within 30 days of meeting final grades to minimize erosion and to ensure slope coverage prior to the rainy season. The Developer shall plant & irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with soil stabilizers and ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees or as approved by the City Engineer and City Planner.
Prior to Issuance of
a Grading
Permit/On-Going
Public Works Dept.
Planning Dept.
20. Should this project lie within any assessment/benefit district, the project proponent shall, prior to acceptance of improvements, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are otherwise deferred or covered under the City’s Community Facility District (CFD Services).
On-Going Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
21. The Developer shall annex into the City’s Community Facility District (CFD Services) and/or Landscape Lighting & Maintenance District and pay associated costs for annexation. Should this project lie within any assessment/benefit district that duplicates the services to be covered under CFD Services then the Developer shall de-
annex from said
assessment/benefit district.
Prior to Map
Recordation
Public Works Dept.
22. The Developer shall design and construct all driveways in accordance with the City of Wildomar Improvement Standards. On-Going Public Works Dept.
23. The improvement plans for the required public improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer.
On-Going Public Works Dept.
24. Improvement Plans for underground utilities (e. g., Water, sewer, electrical, telecommunications, etc.) to be placed in public right of way or easement that will be owned and maintained by other entities shall be reviewed by the City. The City shall have a place on the Title Sheet to accept the plans with a statement “The city’s acceptance is limited to the placement of utilities relative to public infrastructure clearances, uses and future plans within the right of way.” The plans shall be attached to a city Encroachment Permit.
On-Going Public Works Dept.
25. All flood control plans to be reviewed by the City or the Riverside County Flood Control District (RCFCD) shall be submitted through the City of Wildomar, unless otherwise directed by the City Engineer. For projects requiring RCFCD review the Developer shall pay the appropriate fees to RCFCD.
On-Going Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
26. The storm drain proposed to be constructed in Monte Vista Drive shall require an encroachment permit from the City. Plans shall be submitted for review and approval prior to issuance of the permit.
Prior to Issuance of
Encroachment
Permits
Public Works Dept.
27. The Developer shall submit to the City Engineer, traffic control pla ns for construction located in a public right of way to ensure the continued flow of traffic during construction.
Prior to Issuance of
Encroachment
Permits
Public Works Dept.
28. Cross lot drainage is undesirable and will not be allowed without justification and approval by the City Engineer. On-going Public Works Dept.
Prior to the Issuance of Grading Permits
29. Prior to issuance of a grading permit, the Developer shall submit a grading and erosion control plan for review and approval by the City Engineer.
Prior to Issuance of
a Grading Permit
Public Works Dept.
30. Prior to issuance of a grading permit, the Developer shall submit drainage plans and plans for bio- basins and retention basins for review and approval by the City Engineer.
Prior to Issuance of
a Grading Permit
Public Works Dept.
31. The Developer shall submit a geotechnical soils report to the City Engineer for review and approval prior to issuance of grading permit.
The findings and recommendations shall reflect current conditions and the report shall be no older than one (1) year. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by City of Wildomar.
Prior to Issuance of
a Grading Permit
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
32. Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain any and all easements and/or permissions necessary to perform the grading required for the project.
A notarized letter of permission from all affected property owners or easement holders, or encroachment permit, is required for all off -site grading.
Prior to Issuance of
a Grading Permit
Public Works Dept.
33. The project specific SWPPP and an Erosion/Sediment Control plan shall be approved by the City Engineer. Prior to Issuance of a Grading Permit
Public Works Dept.
34. The Developer shall provide the Engineering Department evidence of compliance with the National Pollutant Discharge Elimination System (NPDES); obtain a construction permit from the State Water Resource Control Board (SWRRCB); and, reference the WDID number on the improvement/grading plans.
Prior to Issuance of
a Grading Permit
Public Works Dept.
35. The Developer’s contractor is required to submit for a haul route permit for the hauling of material to and from the project site. Said permit will include limitations of haul hours, number of loads per day and the posting of traffic control personnel at all approved entrances/exits onto public roads. Hauled material shall be to/from an environmentally approved site.
Prior to Issuance of
Grading
Permits/On-Going
Public Works Dept.
36. When import/export of earthwork is required, Developer shall obtain approval for the import/export location from the City of Wildomar.
Additionally, if either location was not previously approved by an Environmental Assessment, a Grading Environmental Assessment Prior to Issuance of
a Grading Permit
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
shall be submitted to the Planning Director for review and comment and to the City Engineer for approval, prior to issuing a grading permit.
37. A licensed engineer shall prepare and submit a Water Quality Management Plan (WQMP) Applicability Checklist; determine if a WQMP is applicable for this project; and, sign and stamp the WQMP checklist with their license seal.
Prior to Issuance of
a Grading Permit
Public Works Dept.
38. Prior to the issuance of a grading permit, the applicant shall submit a Final Water Quality Management Plan (WQMP), in conformance with the requirements of the San Diego and/or Santa Ana Regional Water Qual
ity Control Board. Developer shall confirm the watershed requirements relative to their project location shall be approved by the City Engineer prior to issuance of a grading permit. All storm water quality treatment devices shall be located outside of the ultimate public right of way. The Developer shall design the storm water quality treatment devices to accommodate all project runoff, ensuring post - construction flows and volumes do not exceed pre-construction levels, in accordance with City of Wildomar’s Hydrology Manual, Storm water Quality Best Management Practice Design Handbook, Improvement Standards, and to the satisfaction of the City Engineer. These BMP’s shall be consistent with the Final WQMP and installed and maintained to the satisfaction of the City Engineer. The project shall use the following hydromodification criteria for the project site: “The runoff flow rate, volume, velocity, and duration for the post development condition of the Priority Development Project do not exceed the pre -development (i.e. naturally occurring) condition for the 2- year, 24 hour and 10- year, 24- hour rainfall events. This condition must be substantiated by hydrologic modelling acceptable to City of Wildomar.”
Prior to Issuance of
a Grading Permit
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
39. This project is within a priority land use as defined by California Regional Water Quality Control Board San Diego Region Order No.
R9-2017-0077 (Trash Amendments) and will be required to install, operate, and maintain full trash capture systems for all storm drains within or adjacent to the project. The Final WQMP shall include the design, specifications, and operation/maintenance procedures of the trash capture systems. The trash capture systems must comply with the Trash Amendments. Trash capture systems that will require City maintenance must receive approval from the City Engineer for their use, prior to acceptance of the Final WQMP, and shall be included in the Community Facilities District (CFD) maintenance costs.
Prior to Issuance of
a Grading Permit
Public Works Dept.
40. If the project location is within the Santa Ana River Watershed: Prior to the issuance of a grading permit, the Developer
is to provide the
appropriate documentation that will allow this project a waiver for mitigation volum e related to the Lake Elsinore sub watershed of the Santa Ana Watershed. Please note the City is not a permittee in the MS4 permit for the Santa Ana River Watershed (Lake Elsinore) and is governed only by the MS4 permit for the Santa Margarita Watershed, therefore the Developer needs to provide evidence that this waiver has been approved by the Santa Ana Regional Water Quality Control Board. Otherwise volume has to be addressed.
Prior to Issuance of
a Grading Permit
Public Works Dept.
41. A Grading Agreeme nt and a Storm Water Management Facilities Agreement shall be approved by the City Engineer and/or City Council. Prior to Issuance of a Grading Permit
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
42. The Developer shall prepare and submit a comprehensive drainage study and plan that includes, but is not limited to: definition with mapping of the existing watersheds; a detailed pre- and post -project hydrologic and hydraulic analysis of the project and project impacts; definition of the local controlling 100- year frequency water levels existing and with project; the proposed method of flow conveyance to mitigate the potential project impacts with adequate supporting calculations; any proposed improvements to mitigate the impacts of increased runoff from the project and any change in runoff; including quality, quantity, volume, and duration in accordance with City of Wildomar’s Hydrology Manual, Improvement Standards, and to the satisfaction of the City Engineer. Specifically, the study will:
a. Analyze the detention basin drainage area for a project using the Rational Method 100- year storm event for the pre- project and post-project.
b. Analyze 4 hydrographs for the detention basin drainage area for a project using the Unit Hydrograph 100- year storm event for the 1-hour, 3- hour, 6- hour, and 24- hour storm durations for post - project condition.
c. Using the Unit Hydrographs determine which duration provides the highest flow rate. Adjust parameters such as lag time, flow line roughness coefficient or other parameters to calibrate Unit Hydrograph model
to provide results similar to the Rational
Method.
Using the calibrated Unit Hydrograph for the detention basin drainage area perform basin routing analysis to demonstrate that the outflow is less than the pre-project Rational Method flow rate.
Prior to Issuance of
a Grading Permit
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
43. All retaining walls shall require a separate permit from the Building Department. Retaining Wall plans shall be approved concurrent with Grading Plan approval. The retaining wall calculations shall address earth and hydrostatic loads associated with adjacent water basins Prior to Issuance of
a Grading or
Building Permit
Public Works Dept.
and Building Dept.
Prior to Issuance of Building Permits
44. Prior to the issuance of the first building permit, the final map shall be recorded, rough grading, precise grading, water quality treatment, and improvement plans shall be approved by the City Engineer and public improvements shall be constructed or secured by the applicant.
Prior to Issuance of
a Building Permit
Public Works Dept.
45. Prior to the issuance of any building permit, a pplicant shall obtain a grading permit and/or approval to construct from the City Engineer. Prior to Issuance of a Building Permit
Building Dept.
Public Works Dept.
46. Water and sewer plans shall be approved by Elsinore Valley Municipal Water District (EVMWD) and City Engineer prior to issuance of a building permit. All water and sewer plans to be reviewed by (EVMWD) shall be submitted to EVMWD. The City of Wildomar shall be copied on the transmittal with a copy of the improvement plans and all correspondence. Developer shall pay the appropriate plan review fees to EVMWD. Estimate of Costs for water and sewer facilities shall be approved by EVMWD and the City.
Prior to Issuance of
a Building Permit
Public Works Dept.
47. Fire service improvement plans shall be approved by Riverside County Fire Department (RCFD) prior to issuance of all applicable building permits. The City of Wildomar shall be copied on all FCFD transmittals with a co py of the improvement plans and all Prior to Issuance of
a Building Permit
Building Dept.
Fire Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
correspondence. Developer shall pay the appropriate plan review fees to RCFD. Estimate of Costs for fire service facilities shall be approved by RCFD and the City.
48. Prior to issuance of the 1st building permit, Developer shall enter into a maintenance agreement with the City to identify maintenance responsibilities for the variety of drainage facilities proposed for this development. This agreement shall include, but not be limited to: 1) defining responsible parties for maintenance of underground and above ground retention basins, bio- basins, storm drain pipes and appurtenances, 2) shall establish a mechanism for future takeover of maintenance responsibilities of retention and bio- basins by City/CFD if deemed necessary, 3) establish access rights should City/CFD take over maintenance in future, 4) include manufacturers specification and maintenance instructions for the perpetual maintenance of said basins.
Prior to Issuance of
a Building Permit
Public Works Dept.
49. The Developer shall submit landscaping and irrigation plans to the Planning Department for approval for landscaping within the public right-of-way. These plans shall include water usage calcul ations, estimate of irrigation and the location of all existing trees that will remain.
Prior to Issuance of
a Building Permit
Public Works Dept.
Planning Dept.
50. Prior to the issuance of a building permit, the applicant shall demonstrate compliance with the California Title 24.
Prior to Issuance of
a Building Permit
Building Dept.
51. The Developer shall demonstrate that all development related fees, impact fees, and mitigation fees have been satisfactorily paid.
Prior to Issuance of
a Building Permit Building Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
52. The Developer shall pay the appropriate impact mitigation fee to the Riverside County Flood Control and Water Conservation District and provide the City receipt of payment.
Prior to Issuance of
a Building Permit
Building Dept.
53. The Deve loper shall pay all necessary impact and mitigation fees required. These fees include, but are not limited to, fees associated with Transportation Uniform Mitigation Fee (TUMF), Quimby (parkland in-lieu) Fee, and City Development Impact Fees.
Prior to Issuance of
a Building Permit or
Certificate of
Occupancy
Building Dept.
Prior to Building Occupancy, Final Inspection or Surety Release
54. Prior to occupancy release, a ll public and private improvements required by the project conditions of approval and as shown on the approved project improvement plans, including onsite and offsite public street improvements, water, sewer and utility improvements, flood control improvements and onsite grading, storm water quality treatment improvements and landscaping, shal l be
constructed/installed and approved
Prior to Occupancy
Release
Public Works Dept.
55. Prior to recordation of the final map, all above-ground utilities, including but not limited to communication and power that are 33KV in size or less , shall be under grounded (or securities posted) by the Developer in accordance with City of Wildomar Municipal Code Section 16.40.010 requirements. The undergrounding of utilities shall be reflected on the project improvement plans . (amended by City Council on 2/13/19)
Prior to Occupancy
Release
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
56. Prior to occupancy release, flood control facilities shall be constructed per the approved plans in accordance with applicable standards. All required maintenance agreements shall be executed and
easements/right of way conveyances recorded to the satisfaction of the governing agency and the City Engineer.
Prior to Occupancy
Release
Public Works Dept.
57. The project Developer shall be required to pay its fair share cost of the traffic signal mitigation at the offsite intersection of Monte Vista Drive and Baxter Road as required in the approved Traffic Impact Analysis.
Prior to Occupancy
Release
Public Works Dept.
Building Dept.
58. The Developer shall install light emitting diode (LED) streetlights in accordance with the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, City Ordinances and to the satisfaction of the City Engineer.
Prior to Occupancy
Release
Public Works Dept.
59. The Developer shall install all street name signs at intersections within or adjacent to the project, and/or replace street name signs in accordance with the City of Wildomar Standard Details and to the satisfaction of the City Engineer.
Prior to Occupancy
Release
Public Works Dept.
60. Prior to occupancy release, Developer shall construct the storm water quality treatment devices to accommodate all project runoff from in accordance with the approved WQMP to the satisfaction of the City Engineer. All storm water quality treatment devi
ces shall be
constructed outside of the ultimate public right of way. Applicant shall provide for maintenance responsibilities in the project’s CC&R’s or execute a maintenance agreement with the City.
Prior to Occupancy
Release
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
61. The Developer shall provide letters addressed to the City of Wildomar from all applicable outside agencies (e.g., RCFCD, EVMWD, RCFD, Caltrans, etc.) involved in the approval and acceptance of improvements.
Prior to Occupancy
Release
Public Works Dept.
Building Dept.
62. The Developer shall annex into all applicable Maintenance Districts, Community Service Areas and Landscaping Maintenance District for landscaping, lighting, drainage and maintenance to the satisfaction of the City Engineer or otherwise form a Dis trict where one is not currently in place.
Prior to Occupancy
Release
Public Works &
Building Depts.
63. Prior to occupancy or surety release, permanent survey monuments shall be set at project boundaries, lot boundaries, the intersection of street centerlines, beginning and end of curves in centerlines, and at other locations designated on the final map. All monuments shall be placed in accordance with standard survey practices.
Prior to Occupancy
Release
Public Works Dept.
64. The applicant shall file a le tter with the SWRCB or submit information to the SMART System stating that the construction activity is complete. A copy of this letter shall be submitted to the City prior to occupancy or surety release.
Prior to Occupancy
Release
Public Works Dept.
65. Prior to occupancy release, Developer shall supply City and Property Owner’s/Home Owner’s Association copies of manufacturer’s specifications and maintenance instructions for the perpetual maintenance of the bio- basins, underground Storm Tech basins and above ground basins and appurtenances.
Prior to Occupancy
Release
Public Works Dept.
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
66. Prior to occupancy release, the applicant shall post agency required no dumping messages on all catch basins and storm drain inlet facilities as required by the City Engineer.
Prior to Occupancy
Release
Public Works Dept.
RIVERSIDE COUNTY FIRE DEPARTMENT
General Conditions
1. Fire Hydrants and Fire Flow: Provide or show there exist fire hydrant(s) capable of delivering required fire flow per the California Fire Code, Riverside County Fire Department within 600 feet to all portions of the proposed structures. The Riverside County Fire Department has a Technical Policy allowing this distance to increase based upon an upgraded sprinkler system in the home. Reference 2016 California Fire Code (CFC) Section 507.5.1.
On-Going Fire Department
2. Water Plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approv al prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Ref. CFC 105.4.1.
On-Going Fire Department
3. Water system prior to combustibles on site: No combustible material shall be brought on site until the water system has been inspected and approved by the Riverside County Fire Department.
On-Going Fire Department
ATTACHMENT D – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Plot Plan No. 18-0034 (Business Park) APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
END
4. Blue Dot Reflectors: Blue retro- reflective pavement markers shall be installed to indicate the location of fire hydrants. On-Going Fire Department
5. Fire Department Access: Fire Department apparatus access shall be provided to within 150 feet of all portions of all buildings. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The Applicant shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs.
On-Going Fire Department
6. Building Address Numbers: Display street numbers in a prominent location on the address side of buildings. Numbers shall be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours.
On-Going Fire Department
7. Address: The address shall be posted per Riverside County Fire Department standards and will be clearly visible from public r oadway.
Ref. CFC 505.1 as amended by the City of Wildomar and the County of Riverside Fire Prevention Standard #07-01 Premises Identification.
On-Going Fire Department
8. Knox Rapid Entry System: Gates shall be equipped with a Knox Rapid Entry System. C
ontact the Riverside County Fire Department for
further information.
On-Going Fire Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
PLANNING DEPARTMENT CONDITIONS
Standard Conditions
1. In compliance with Chapter 15094 of the CEQA Guidelines, a Notice of Determination (NOD) shall be filed with the Riverside County Clerk within five (5) working days of project approval by the City Counc il.
The notice shall include the required California Department of Fish and Wildlife (Fish and Game Code Chapter 711.4.d.3) fee, and the Riverside County Clerk administrative fee (paid by the Applicant) in the amount of $2,404.75. Failure to pay the required fee will result in the project being deemed null and void (California Fish and Game Code Chapter 711.4(c)). The above fee shall be provided to the Planning Department no later than February 14, 2019 and is broken down as follows:
a. California Department of Fish and Wildlife = $2,354.75 b. Riverside County Clerk Administrative Fee = $50.00
February 14, 2019 Planning Department
2. The Applicant’s signature below, which shall be submitted to the Planning Department on or before February 27 , 2019, hereby verifi es the acceptance of the “Council Adopted Conditions of Approval” contained within this conditions of approval matrix.
Applicant Signature Date
February 27, 2019 Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
3. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, decl
aratory, administrative or
adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its of
ficials, officers, employees, agents, departments,
agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Pl anning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Chapter 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction.
City shall promptly notify the Applicant
of any Action brought and
request that Applicant defend the City. It is expressly agreed that Applicant may select legal counsel providing the Applicant ’s defense and the City shall have the right to approve separate legal counsel providing the City’s defense. The Applicant shall reimburse City for any attorneys’ fees, costs and expenses directly and necessarily incurred by the City in the course of the defense. Applicant agrees that City will forward monthly invoices to Applicant for attorn eys’ fees, costs and expenses it has incurred related to its defense of any Action Ongoing Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
and Applicant agrees to timely payment within thirty (30) days of receipt of the invoice. Within fourteen (14) days of an Action being filed, Applicant agrees to post adequ ate security or a cash deposit with City in an amount to cover the City’s estimated attorneys’ fees, costs and expenses incurred by City in the course of the defense in order to ensure timely payment of the City’s invoices. The amount of the security or cash deposit shall be determined by the City. City shall cooperate with Applicant in the defense of any Action.
4. Final Site Plan of Development/Plot Plan No. 18 -0034 shall not become effective until 30 days after the second reading of the Ordinance approving Change of Zone No. 18 -0034 by the City Council. No grading or building permits shall be issued until after the effective date of the change of zone.
April 13, 2019 Planning Department
5. Within 30 days after approval of the second reading of the Ordinance approving Final Site Plan of Development/Plot Plan No. 18- 0034 by the City Council, the Applicant shall pay all applicable outstanding/negative deposit account balances (#1 8-0034). Failure to pay the outstanding balance b y the due date may result in delays in the processing building permits.
May 13, 2019
Planning Department
6. Approval of Final Site Plan of Development/Plot Plan No. 18- 0034 shall expire on February 13, 2022 (3 years after approval by the City Council) if grading and/or building permits have not been issued and substantial construction work has not commenced on the project site.
For the purposes of this condition, the term “commenced ” means either the beginning of substantial construction of facilities for the use that is authorized, which construction must thereafter be pursued February 13, 2022 Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
diligently to completion, or the actual occupancy of existing buildings or land under the terms of the authorized use. The Applicant may submit a request for a one -year Extension of Time (EOT) for review and approval of the Planning Director in accordance with Chapter
17.216.070 of the Wildomar Municipal Code. Said extension of time application and fee must be submitted prior to the expiration date . If a request for an EOT has not been submitted by this deadline , then Final Site Plan of Development/Plot Plan No. 18- 0034shall automatically become null and void.
7. In accordance with Chapter 66020.d.1 of the Government Code, the Applicant has 90 days from project approval to file a protest of the imposition of fees, dedications, reservations, or other exactions being imposed on this project. Notice is hereby given to the Applicant that the 90- day appeal period begins with the tentative approval date by City Council on February 13, 2019.
May 13, 2019 Planning Department
8. Applicant hereby understands and agrees that failure to comply with all Conditions of Approval may result in the City Council taking action resulting in a modification to the C onditions of Approval and/or suspension or revocation of the plot plan.
On-Going Planning Department
9. The project site shall be developed in accordance with the approved development plans for Final Site Plan of Development/Plot Plan No. 18-0034 as approved by the City Council on February 13, 2019. The Applicant may request a modification/revision to the approved project, if needed, in accordance with Chapter 17.228 of the Wildomar Municipal Code.
Ongoing Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
10. The proposed Project shall comply with existing SCAQMD rules for the reduction of fugitive dust emissions in accordance with SCAQMD Rule 403.
On-Going Planning Department
11. Erosion control -landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded . Temporary erosion controls shall occur immediately upon establishing planting final grades to minimize erosion and to ensure slope coverage prior to the rainy season. Prior to occupancy, t he Applicant shall plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional sh rubs or trees or as approved by the City Engineer.
On-Going Planning Department
12. If human remains are encountered during grading activities, State Health and Safety Code Chapter 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Chapter 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If t he Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descen
dant." The most likely
descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Chapter 5097.98.
On-Going Planning &
Engineering Depts.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
13. The Applicant is prohibite d from using any sort of blasting device/activity during all grading and/or construction operations. On-Going Planning Department
14. The proposed development approved by the City Council shall comply with the standards and requirements of the City’s Light Pollution Ordinance in accordance with Chapter 8.64 of the Wildomar Municipal Code.
On-Going Planning Department
15. As required by Chapter 8.56 of the WMC, subsequent development on the site will need to comply with the County of Riverside, Department of
Environmental Health, Local Enforcement Agency (LEA) for all activities related to potential hazardous materials.
On-Going Planning Department
16. The Applicant shall be required to provide at least one (1) 220 volt electric vehicle plug in fixture in each
enclosed garage. This
information shall be provided on the construction drawings when they are submitted to the Building Department.
On-Going Planning & Building
Departments
17. The Applicant shall provide EV charging stations, EV parking spaces, and bike racks/spaces within the business park development area (i.e., Lots 81 – 84 of TTM 374176) in accordance with the current Cal - Green building code standards and requirements at the time of construction drawing submittals. This information shall be reflected on the construction drawings submitted to the Building Official prior to the issuance of building permits.
On-Going Planning & Building
Departments
18. All plot plans which permit the construction of more than one structure on a single legally divided par
cel shall, in addition to all other
requirements, be subject to a condition which prohibits the sale of any existing or subsequently constructed structures on the parcel until the On-Going Planning & Building
Departments
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
parcel is divided and a final map recorded in accordance with Title 16 (Subdivisions) in such a manner that each building is located on a separate legally divided parcel.
Mitigated Negative Declaration (MND) Mitigation Measures Biological Resources
19. BIO-1 Vegetation clearing/grubbing, g round disturbance (e.g., grading, earthmoving, excavation, use of heavy equipment), and construction activities that may directly (e.g., grading) or indirectly (e.g., noise) affect protected nesting avian species shall be timed to avoid the typical avian nesting season (February 15 to August 31 for songbirds; January 15 to August 31 for raptors). If such activities are scheduled to occur during the nesting season, a qualified biologist shall conduct a preconstruction survey for nesting raptors and other pro
tected avian species within 500 feet of proposed disturbance activities. The preconstruction survey shall be conducted no more than 14 days prior to the start of vegetation clearing/grubbing. As determined necessary by the biologist, surveys for nesting bi rds may be required to continue during grading/construction to address the potential for new arrivals and unique species’ breeding seasons. The necessity and timing of these continued surveys shall be determined by the biologist in coordination with the City, the Western Riverside County Regional Conservation Authority, and participating wildlife agencies as needed.
If raptors or other protected avian nests are identified during the above surveys, the qualified biologist shall notify the City, the Western Riverside County Regional. Conservation Authority, and participating No more than 14
days prior to any
vegetation removal
or ground-
disturbing activities
City of Wildomar
Public Works &
Planning Depts.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
wildlife agencies, and an appropriate no -disturbance buffer shall be imposed (to be determined by the biologist) within which no vegetation clearing/grubbing, ground disturbance, and construction activities shall take place (generally 500 feet in all directions for raptors; other avian species may have species-specific requirements) until the young have fledged and are no longer reliant upon the nest or parental care for survival, as determined by the biologist.
20. BIO-2 Due to the presence of potentially suitable habitat on the project site and in adjacent off -site areas, a 30- day preconstruction survey for burrowing owl is required pursuant to the MSHCP. If burrowing owls are determined present during the 30- day preconstruction survey, occupied burrows shall be avoided to the greatest extent feasible, following the guidelines in the Staff Report on Burrowing Owl Mitigation published by California Department of Fish and Wildlife (2012) including, but not limited to, conducting preconstruction surveys, avoiding occupied burrows during the nesting and non- breeding
seasons, implementing a worker awareness
program, biological monitoring, establishing avoidance buffers, and flagging burrows for avoidance with visible markers. If occupied burrows cannot be avoided, acceptable methods may be used to exclude burrowing owl either temporarily or permanently, pursuant to a Burrowing Owl Exclusion Plan that shall be prepared and implemented to the approval of the City and the Western Riverside County Regional Conservation Authority.
No more than 14
days prior to any
vegetation removal
or ground-
disturbing activities
City of Wildomar
Public Works &
Planning Depts.
21. BIO-3 The following construction-related best management practices (BMPs) shall be implemented during vegetation clearing/grubbing, ground disturbance (e.g., gradi ng, earthmoving, excavation, use of Prior to any
vegetation removal
or ground-
City of Wildomar
Public Works &
Planning Depts.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
heavy equipment), and construction activities to avoid impacts to potentially occurring special-status wildlife species:
• Prior to vegetation clearing/grubbing, a biological monitor shall conduct a preconstruction meeting with the construction crew to identify appropriate access route(s) in and out of the construction area and to review project boundaries. Prior to vegetation clearing/grubbing, a biological monitor shall inspect the limits of protective fencing along the work limits adjacent to on/off -site habitats to remain. Following construction, a qualified biologist shall ensure temporarily disturbed vegetated areas are returned to pre- project contours using a local native plant hydroseed mix. disturbing activities.
Cultural Resources
22. CUL-1 To address the possibility that historical, archaeological, and/or tribal cultural resources (collectively referred to as “cultural resources” in these mitigation measures) may be encountered during grading or construction, a qualified professional archaeologist shall monitor all construction activities that could potentially impact cultural resources (e.g., grading, excavation, and/or trenching). The Pechanga Band of Luiseño Indians may assign individuals to monitor all grading, excavation, and groundbreaking activities as well, and the tribal monitors shall be allowed on-site during any construction activities that could potentially impact cultural resources. However, monitoring may be discontinued as soon the qualified professional and the appropriate tribe(s) are satisfied that construction will not disturb cultural resources.
During any ground-
disturbing
construction
activities
City of Wildomar
Planning Department
and Building and
Safety Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
23. CUL-2 At least 30 days but no more than 60 days prior to the issuance of any grading permit, the project archaeologist shall file a pre-grading report with the City to document the proposed methodology for grading activity observation which will be determined in consultation with the tribe(s) that intend to assign tribal monitors pursuant to mitigation measure CUL- 1. The archaeologist and the tribal monitor(s) will have the authority to temporarily halt and redirect grading activities in order to evaluate the significance of any cultural resources discovered on the project site.
Thirty days (30)
prior to any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
24. CUL-3 At least 30 days but no more than 60 days prior to the issuance of any grading permit, the project applicant shall contact the Pechanga Band of Luiseño Indians with notification of the proposed grading and shall enter into a
Tribal Cultural Resources Treatment
and Monitoring Agreement with the tribe. The agreements shall include, but not be limited to, outlining provisions and requirements for addressing the handling of tribal cultural resources; project grading and developme nt scheduling; terms of compensation for tribal monitors; treatment and final disposition of any tribal cultural resources, including but not limited to sacred sites, burial goods, and human remains, discovered on the site; and establishing on- site monitor
ing provisions and/or requirements for professional tribal monitors during all ground- disturbing activities. The terms of the agreements shall not conflict with any of these mitigation measures. A copy of the signed agreement shall be provided to the Planning Director and the Building Official prior to the issuance of the first grading permit.
During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
25. CUL-4 If during grading or construction activities, cultural resources are discovered on the project site, work shall be halted immediately within 50 feet of the discovery and the resources shall be evaluated by the archaeologist and the tribal monitor(s). Any cultural resources that are discovered shall be evaluated and a final report prepared by the archaeologist. The report shall include a list of the resources discovered; documentation of each site/locality; interpretation of the resources identified; a determination of whether the resources are historical resources, unique or non- unique archeological resources, and/or tribal cultural resources; and the method of preservation and/or recovery for the identified resources. If the archaeologist, in consultation with the tribes, determines the cultural resources to be either historic resources or unique archaeological resources, avoidance and/or mitigation will be required pursuant to and consistent with CEQA Guidelines Section 15064.5(c) and Public Resources Code Section 21083.2. Further ground disturbance shall not resume within the area of the discovery until the City, project applicant, project archaeologist, and consulting tribe(s) reach an agreement regarding the appropriate treatment of the cultural resources, which may include avoidance or appro priate mitigation.
Pursuant to California Public Resources Code Section 21083.2(b), avoidance is the preferred method of preservation for archaeological and cultural resources. Work may continue outside of the buffer area and will be monitored by additiona
l tribal monitors, if needed as
determined by the project archaeologist and the consulting tribe(s).
During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
26. CUL-5 In the event that cultural resources are discovered during the course of grading (inadvertent discoveries), the following shall be carried out for final disposition of the discoveries:
a) The landowner(s) shall agree to relinquish ownership of all recovered tribal cultural resou rces to the consulting tribe(s), including sacred items and all artifacts as part of the required treatment for impacts to cultural resources.
b) One or more of the following treatment, in order of preference below, with (i) being the preferred treatment and (ii) being the secondary preferred treatment, shall be employed with the agreement of all Parties. Evidence of such agreement shall be provided to the City:
i. Preservation in place of the cultural resources, if feasible.
Preservation in place means avoiding the resources, leaving them in place they were found with no development affecting the integrity of the resources.
ii. On-site relocation to a preservation area shall be
accomplished as requested by the consulting tribe(s). The preservation area l ocation shall be governed by measures and provisions to protect the preservation area from any future impacts in perpetuity. Relocation shall not occur until all legally required cataloging and basic recordation have been completed. No recordation of sacred items is permitted without the written consent of the consulting tribe(s). c) Only if (i) and (ii) above cannot be employed, curation shall be arranged with an appropriate qualified repository that meets federal standards per 36 CFR Part 79. The cultura l resources During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
would be professionally curated and made available to other archeologists/researchers/tribal governments for further research and culturally appropriate use. The collections and associated records shall be transferred to a curation facility meeting the above federal standards to be accompanied by a curation agreement, and payment of any fees necessary for permanent curation.
27. CUL-6 Construction personnel involved in excavation and grading activities shall be informed of the possibility of discovering fossils at any location and the protocol to be followed if fossils are found. A professional meeting the Society of Vertebrate Paleontology’s standards shall provide the preconstruction training. The City shall ensure the grading plan notes include specific reference to the potential discovery of fossils. If potentially unique paleontological resources (fossils) are inadvertently di scovered during project construction, work shall be halted immediately within 50 feet of the discovery, the City shall be notified, and a professional paleontologist shall be retained to determine the significance of the discovery. The paleontologist shall establish procedures for paleontological resource surveillance throughout project construction and shall establish, in cooperation with the project applicant, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of fossils. Excavated finds shall be offered to a State- designated repository such as the Museum of Paleontology at the University of California, Berkeley, or the California Academy of Sciences.
During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
28. CUL-7 If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within 24 hours. Subsequently, the Native American Heritage Commission shall identify the most likely descendant and notify them of discovery. The most likely descendant shall then make recommendations and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98.
During any ground-
disturbing
construction
activities
City of Wildomar
Public Works
Department and
Planning Department
Geology/Soils
29. GEO-1 The project applicant shall incorporate the recommendations of the preliminary geotechnical/geological Public Works study prepared by Soils Southwest (2018a; Appendix 5.0) into project plans related to the proposed project. The project’s building plans shall demonstrate that they incorporate all applicable recommendations of the design-
level geotechnical study and comply with all applicable requirements of the latest adopted version of the California Building Code. A licensed professional engineer shall prepare the plans, including those that pertain to soil Public Works , structural foundations, pipeline excavation, and installation. All on-site soil Public Works activities shall be conducted under the supervision of a Prior to any
ground-disturbing
construction
activities
City of Wildomar
Planning Department
and Building and
Safety Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
licensed geotechnical engineer or certified Public Works geologist. All plans will be subject to the approval of the City Engineer.
Hazards and Hazardous Materials
30. HAZ-1 Prior to the issuance of building permits, the project applicant shall demonstrate, to the satisfaction of the City Building Official and the Riverside County Fire Chief, compliance with the 2016 California Building Code or the most recent edition of the 2016 California Fire Code (Part
9 of Title 24 of the California Code of Regulations),
including those regulations pertaining to materials and construction methods intended to mitigate w ildfire exposure as described in the 2016 California Building Code and California Residential Code (or most recent edition); specifically California Building Code Chapter 7A; California Residential Code Section R327; California Residential Code Section R337; California Referenced Standards Code Chapter 12- 7A; and California Fire Code Chapter 49.
Prior to issuance of
building permits
City of Wildomar
Building Department
and Riverside County
Fire Department
31. HAZ-2 Prior to the issuance of a certificate of occupancy, the applicant shall demonstrate, to the satisfaction of the City Building Official and the County Fire Chief, compliance with the vegetation management requirements prescribed in California Fire Code Section 4906, including California Government Code Section 51182.
Prior to issuance of
certificate of
occupancy
City of Wildomar
Building Department
and Riverside County
Fire Department
Noise
32. NOI-1: Construction Noise Impacts. In addition to adherence to the City of Wildomar’s policies found in the General Plan Noise Element and the Municipal Code limiting the construction hours of operation, the following measures shall be implemented to reduce construction During each
construction phase
or any ground-
breaking activity
Planning and Public
Works Departments
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
noise and vibrations emanating from the proposed project:
1. During all project site excavation and grading on- site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers’ standards.
2. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise -sensitive receptors nearest the project site.
3. Equipment shall be shut off and not left to idle when not in use.
4. The contractor shall locate equipment staging in areas that will create the greatest distance between construction- related noise/vibration sources and sensitive receptors nearest the project site during all project construction.
5. Jackhammers, pneumatic equipment, and all other portable stationary noise sources shall be shielded, and noise shall be directed away from sensitive receptors.
6. The contractor shall limit the use of heavy equipment or vibratory rollers and soil compressors within 25 feet of existing structures to the greatest degree possible.
Transportation/Traffic
33. TRA-1 Traffic Signal. The project applicant shall install a traffic signal at Monte Vista Drive / Project North Access ‐#6 (on “New” Street). The appl icant shall also ensure that, at project buildout, all traffic signals within the study area function as a coordinated system.
Prior to Occupancy
Permits
Planning and Public
Works Departments
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
Tribal Cultural Resources
34. Refer to mitigation measures CUL -1 through CUL -5 and CUL -7 for implementation of applicable mitigation measures related to tribal cultural resources.
CUL-1 through
CUL-5 and CUL-7
Planning and Public
Works Departments
Prior to Issuance of Grading Permits
35. Prior to the issuance of a grading permit, the Applicant shall submit a haul permit for any import of material to the site or export of material off-
site for review and approval by the City Engineer and Planning Director. The request for a haul permit shall include a haul route plan addressing the limitations of haul hours, number of loads per day and the posting of traffic control personnel at all approved entrances/exits onto public roads. This haul permit shall be in place prior to the issuance of the grading permit and the mobilization of equipment on the project site. If the proposed material source or disposal site does not have an approved environmental assessment, a grading environmental assessment shall be submitted for review and approval by the Planning Director prior to the issuance of the haul permit.
Prior to Issuance of
a Grading Permit
Planning and Public
Works Departments
36. Prior to th e issuance of a grading permit for the single family residential portion of the project, the Applicant shall submit two (2) sets of fina l/detailed landscape and irrigation plans prepared by a registered landscape architect to the Planning Director and City’s Landscape Architect for review and approval.
Prior to Issuance of
Grading Permits
Planning Department
37. Prior to the issuance of a grading permit for the business park development portion of the project, the Applicant shall submit two (2) sets of final/detailed landscape and irrigation plans prepared by a Prior to Issuance of Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
registered landscape architect to the Planning Director and City’s Landscape Architect for review and approval.
Grading Permits
38. The following special landscape requirements/conditions shall be applied to the landscape and irrigation plans required under Planning Condition No. 34 & 35 above:
a) Provide separate slope planting design and plant palette from non-
slope areas. Use various spreading groundcovers on
slopes to provide 100% coverage and slope erosion control within 1 year.
b) Provide a Basin landscape design to show a list/palette of shrubs that go in the basin area slopes and bottom if
applicable.
c) Tubular Steel Fencing shall be provided as designed and shown on the approved plans.
d) Provide enhanced paving area with pavers or stamped color concrete at project entries.
e) Provide accent tr ees at project interior corners, corridors and end of streets/cul -de-sacs per the approved conceptual landscape plans.
f) The proposed picnic s helter, pool area, tot -lot/basketball court area and dog park shall be designed to be consistent with the approved plans.
g) Vertical/screening type trees at end of buildings shall be designed to be consistent with the approved plans.
h) Provide vertical theme trees and or Date Palms at pool area, (18’BTH Min.)
Prior to Issuance of
Grading Permits
Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
i) All site amenities, benches, tot -lots, trash receptacles, etc., sh all be designed to be consistent with the approved plans.
j) Accent trees 36” -box and 48” -box shall be provided at end of streets, corners, etc., per the approved plans.
Prior to Issuance of Building Permits
39. Prior to issuance of building permits for Plot Plan No. 18- 0034, the Applicant shall submit a detailed/final photometric analysis for review and approval by the Planning and Building departments. The proposed development approved by the City Council shall comply with the standards and requirements of the City’s Light Pollution Ordinance in accordance with Chapter 8.64 of the Wildomar Municipal Code.
Prior to Issuance of
Building Permits
Planning & Building
Departments
40. Prior to the issuance of a building permit, the Applicant shall prepare a comprehensive sign program for the project for review and approval by the Planning Director. The sign program shall be consistent with all applicable provisions of Chapter 17.252 (Sign Regulations) of the
Wildomar Municipal Code.
Prior to Issuance of
Building Permits Planning Department
Prior to Issuance of a Certificate of Occupancy
41. Prior to the issuance of occupancy permits, all required landscape planting and irrigation shall be inspected, and instal led consistent with the approved construction plans and shall be in a condition acceptable to the Planning Director, or his designee. All plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order which may be verified via an irrigation audit. .
Prior to the
Issuance of
Occupancy Permits Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
42. Prior to the issuance of occupancy permits, the following conditions shall be satisfied:
• Performance securities, in the amount determined by the City Landscape Architect and Planning Director, shall be provided to guarantee the adequate maintenance of the landscaping materials and irrigation system in accordance with the approved plans for a period of one (1) year from
the date of final clearance of the
installed landscaping by the City. Acceptable forms of security shall be limited to cash deposit, cash bonds, or irrevocable letters of credit. The performance securities shall be released one (1) year after final clearance of the installed landscaping by the City, upon written request by the owner, if the landscaping has been adequately maintained in accordance with the approved
landscape plans. A deposit to cover re- inspection of the landscape, at the current City ra te shall be posted with the Planning Department prior to re- inspection for maintenance bond release.
• The project landscape contractor shall provide the City with the Landscape Installation Certification of Completion stating that the landscaping was installed per the approved plans. The City will review the Certificate and conduct inspections to ensure that the landscape installation is in compliance with the approved landscape plans.
Prior to the
Issuance of
Occupancy Permits
Planning Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
PUBLIC WORKS/ENGINEERING/BUILDING DEPARTMENT CONDITIONS General Requirements/Conditions
1. The project shall comply with all conditions of approval for Tentative Tract Map No. 37476 to the satisfaction of the City Engineer. On-Going Public Works Dept.
2. The project shall comply with all mitigation measures identified in the approved Traffic Impact Analysis to the satisfaction of the City Engineer.
On-Going Public Works Dept.
3. The Developer shall obtain City approval for any modifications or revisions to the approval of this project. Deviations not identified on the plans may not be approved by the City, potentially resulting in the need for the project to be redesigned. Amended entitlement approvals may be necessary as a result.
On-Going Public Works Dept.
4. Should Developer elect to develop this project in phases, appropriate phasing plans shall be submitted for review and approval by the City Engineer and Community Development Director.
On-Going
Public Works Dept. &
Planning Dept.
5. The project site shall accommodate for construction of future drainage Line “C” by Riverside County Flood Control and Water Conservation District (RCFC&WCD) to the satisfaction of the City Engineer and RCFC&WCD. Developer shall coordinate final engineering design with RCFC&WCD prior to project plan submittal to the City for plan checking.
On-Going Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
6. No grading shall be performed without the prior issuance of a grading permit by the City. Prior to Issuance of
Grading
Permits/On-Going
Public Works Dept.
7. Prior to issuance of any permits, the Developer shall provide a current Title Report and show all easements, rights -of-way, and encumbrances to the satisfaction of the Public Works Director. If the Developer is different than the owner identified in the Title Report then a notarized letter authorizing the Developer to improve the property shall be provided.
Prior to Issuance of
any permits.
Public Works Dept.
Building Dept.
8. All grading shall conform to the California Building Code, Ordinance 457, and all o
ther relevant laws, rules, and regulations governing
grading in the City of Wildomar. The Developer shall obtain a grading permit from the Building Department for any grading which includes 50 or more cubic yards.
On-Going
Public Works Dept.
Building Dept.
9. All necessary measures to control dust shall be implemented by the Developer during grading to the satisfaction of the City Engineer. A PM10 plan may be required at the time a grading permit is issued.
Prior to Issuance of
Grading
Permits/On-Going
Public Works Dept.
10. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the City Engineer. Contour grade to mimic natural slopes in the area.
On-Going Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
11. Grading in excess of 199 cubic yards will require a grading agreement and a performance security to be posted with the City. Grading Agreements require City Council Approval unless authority is delegated to the City Engineer.
On-Going Public Works Dept.
12. The Developer/owner or contractor shall apply for an Encroachment Permit for work performed within the public right of way. Compliance with current environmental regulations applies and additional studies and/or permits may be required.
On-Going Public Works Dept.
13. Storm water and non- storm water discharges from the project site shall be mitigated in conformance with the applicable Regional Water Quality Control Board permit(s) and/or site specific SWPPP prior to entering into the MS4s.
On-Going Public Works Dept.
14. For commercial/industrial projects, the Developer shall submit a Business Registration application to the city for approval. The Business Registration shall indicate that this business in required to submit a Storm water Compliance Deposit to the City f
or ongoing
Commercial/Industrial Inspection requirements of the City’s MS4 permit (NPDES Inspection). The requirement for storm water compliance deposits and NPDES inspections are recurring for the duration of the conditional use permit. The Developer/applicant shall also provide to the Planning Department, as part of the Business’ Statement of Operations, a copy of the educational materials, business’ handbook, training or similar documents describing the business’ best management practices for storm wat er pollution prevention.
On-Going Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
15. The Developer shall provide all tenants/employees/homeowners with educational materials regarding Best Management Practices for Stormwater Pollution Prevention. Educational materials are available on the Riverside County Flood Control and Water Conservation District’s website.
On-Going Public Works Dept.
16. The commercial portion of the project shall include recycling facilities per current California State Standards and to the satisfaction of the City Engineer.
On-Going Public Works Dept.
17. The Developer shall dedicate, design and construct all improvements in accordance the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, as further conditioned herein and to the satisfaction of the City Engineer.
On-Going Public Works Dept.
18. The Developer shall be responsible for all costs associated with off - site right -of-way acquisition, including any costs associated with the eminent domain process, if necessary.
On-Going Public Works Dept.
19. Erosion control – landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded. The soils engineer shall review the erosion control plans for conformance with the Geotechnical Report’s Findings and Recommendations. Erosion control shall be placed within 30 days of meeting final grades to minimize erosion and to ensure slope coverage prior to the rainy season. The Developer shall plant & irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with soil Prior to Issuance of
a Grading
Permit/On-Going
Public Works Dept.
Planning Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
stabilizers and ground cover; slopes 15 feet or greater in vertical height shall be planted with addit ional shrubs or trees or as approved by the City Engineer and City Planner.
20. Should this project lie within any assessment/benefit district, the project proponent shall, prior to acceptance of improvements, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are otherwise deferred or covered under the City’s Community Facility District (CFD Services).
On-Going Public Works Dept.
21. The Developer shall annex into the City’s Community Facility District (CFD Services) and/or Landscape Lighting & Maintenance District and pay associated costs for annexation. Should this project lie within any assessment/benefit district that duplicates the services to be covered under CFD Services then the Developer shall de-
annex from said
assessment/benefit district.
Prior to Map
Recordation
Public Works Dept.
22. The Developer shall design and construct all driveways in accordance with the City of Wildomar Improvement Standards. On-Going Public Works Dept.
23. The improvement plans for the required public improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer.
On-Going Public Works Dept.
24. Improvement Plans for underground utilities (e. g., Water, sewer, electrical, telecommunications, etc.) to be placed in public right of way or easement that will be owned and maintained by other entities shall be reviewed by the City. The City shall have a place on the Title On-Going Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
Sheet to accept the plans with a statement “The city’s acceptance is limited to the placement of utilities relative to public infrastructure clearances, uses and future plans within the right of way.” The plans shall be attached to a city Encroachment Permit.
25. All flood control plans to be reviewed by the City or the Riverside County Flood Control District (RCFCD) shall be submitted through the City of Wildomar, unless otherwise directed by the City Engineer. For projects requiring RCFCD review the Developer shall pay the appropriate fees to RCFCD.
On-Going Public Works Dept.
26. The storm drain proposed to be constructed in Monte Vista Drive shall require an encroachment permit from the City. Plans shall be submitted for review and approval prior to issuance of the permit.
On-going
Prior to Issuance of
Encroachment
Permits
Public Works Dept.
27. The Developer shall submit to the City Engineer, traffic control plans for construction located in a public right of way to ensure the continued flow of traffic during construction.
On-going
Prior to Issuance of
Encroachment
Permits
Public Works Dept.
28. Cross lot drainage is undesirable and will not be allowed without justification and approval by the City Engineer. On-going Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
Prior to the Issuance of Grading Permits
29. Prior to issuance of a grading permit, the Developer shall submit a grading and erosion control plan for review and approval by the City Engineer.
Prior to Issuance of
a Grading Permit
Public Works Dept.
30. Prior to issuance of a grading permit, the Developer shall submit drainage plans and plans for bio- basins and retent ion basins for review and approval by the City Engineer.
Prior to Issuance of
a Grading Permit
Public Works Dept.
31. The Developer shall submit a geotechnical soils report to the City Engineer for review and approval prior to issuance of grading permit.
The findings and recommendations shall reflect current conditions and the report shall be no older than one (1) year. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by City of Wildomar.
Prior to Issuance of
a Grading Permit
Public Works Dept.
32. Prior to the issuance of a grading permit, it shall be the sole responsibility of the applicant to obtain any and all easements and/or permissions necessary to perform the grading required for the project .
A notarized letter of permission from all affected property owners or easement holders, or encroachment permit, is required for all off -site grading.
Prior to Issuance of
a Grading Permit
Public Works Dept.
33. The project specific SWPPP and an Erosion/Sediment Control plan shall be approved by the City Engineer. Prior to Issuance of a Grading Permit
Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
34. The Developer shall provide the Engineering Department evidence of compliance with the National Pollutant Discharge Elimination System (NPDES); obtain a construction permit from the State Water Resource Control Board (SWRRCB); and, reference the WDID number on the improvement/grading plans.
Prior to Issuance of
a Grading Permit
Public Works Dept.
35. The Developer’s contractor is required t o submit for a haul route permit for the hauling of material to and from the project site. Said permit will include limitations of haul hours, number of loads per day and the posting of traffic control personnel at all approved entrances/exits onto public roads. Hauled material shall be to/from an environmentally approved site.
Prior to Issuance of
Grading
Permits/On-Going
Public Works Dept.
36. When import/export of earthwork is required, Developer shall obtain approval for the import/export location from
the City of Wildomar.
Additionally, if either location was not previously approved by an Environmental Assessment, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the City Engineer for approval, prior to issuing a grading permit.
Prior to Issuance of
a Grading Permit
Public Works Dept.
37. A licensed engineer shall prepare and submit a Water Quality Management Plan (WQMP) Applicability Checklist; determine if a WQMP is applicable for this project; and, sign and stamp the WQMP checklist with their license seal.
Prior to Issuance of
a Grading Permit
Public Works Dept.
38. Prior to the issuance of a grading permit, the applicant shall submit a Final Water Quality Management Plan (WQMP), in conformance with the requirements of the San Diego and/or Santa Ana Regional Water Quality Control Board. Developer shall confirm the watershed requirements relative to their project location shall be approved by the Prior to Issuance of
a Grading Permit
Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
City Engineer prior to issuance of a grading permi t. All storm water quality treatment devices shall be located outside of the ultimate public right of way. The Developer shall design the storm water quality treatment devices to accommodate all project runoff, ensuring post - construction flows and volumes do not exceed pre-construction levels, in accordance with City of Wildomar’s Hydrology Manual, Storm water Quality Best Management Practice Design Handbook, Improvement Standards, and to the satisfaction of the City Engineer. These BMP’s shall be consistent with the Final WQMP and installed and maintained to the satisfaction of the City Engineer. The project shall use the following hydromodification criteria for the project site: “The runoff flow rate, volume, velocity, and duration for the post development condition of the Priority Development Project do not exceed the pre -development (i.e. naturally occurring) condition for the 2- year, 24 hour and 10- year, 24- hour rainfall events. This condition must be substantiated by hydrologic modelling acceptable to City of Wildomar.”
39. This project is within a priority land use as defined by California Regional Water Quality Control Board San Diego Region Order No.
R9-2017-0077 (Trash Amendments) and will
be required to install,
operate, and maintain full trash capture systems for all storm drains within or adjacent to the project. The Final WQMP shall include the design, specifications, and operation/maintenance procedures of the trash capture systems. The trash capture systems must comply with the Trash Amendments. Trash capture systems that will require City maintenance must receive approval from the City Engineer for their use, prior to acceptance of the Final WQMP, and shall be included in the Community Facilities District (CFD) maintenance costs.
Prior to Issuance of
a Grading Permit
Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
40. If the project location is within the Santa Ana River Watershed: Prior to the issuance of a grading permit, the Developer is to provide the appropriate documentation that will allow this project a waiver for mitigation volume related to the Lake Elsinore sub watershed of the Santa Ana Watershed. Please note the City is not a permittee in the MS4 permit for the Santa Ana River Watershed (Lake Elsinore) and is governed only by the MS4 permit for the Santa Margarita Watershed, therefore the Developer needs to provide evidence that this waiver has been approved by the Santa Ana Regional Water Quality Control Board. Otherwise volume has to be addressed.
Prior to Issuance of
a Grading Permit
Public Works Dept.
41. A Grading Agreement and a Storm Water Management Facilities Agreement shall be approved by the City Engineer and/or City Council. Prior to Issuance of a Grading Permit
Public Works Dept.
42. The Developer shall prepare and submit a comprehensive drainage study and plan that includes, but is not limited to: definition with mapping of the existing watersheds; a detailed pre- and post -project hydrologic and hydraulic analysis of the project and project impacts; definition of the local controlling 100-
year frequency water levels
existing and with project; the proposed method of flow conveyance to mitigate the potential project impacts with adequate supporting calculations; any proposed improvements to mitigate the impacts of increased runoff from the project and any change in runoff; including quality, quantity, volume, and duration in accordance with City of Wildomar’s Hydrology Manual, Improvement Standards, and to the satisfaction of the City Engineer. Specifically, the study will:
a. Analyze the detention basin drainage area for a project using the Prior to Issuance of
a Grading Permit
Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
Rational Method 100 -year storm event for the pre -project and post-project.
b. Analyze 4 hydrographs for the detention basin drainage area for a project using the Unit Hydrograph 100- year storm event for the 1-hour, 3- hour, 6- hour, and 24- hour storm durations for post - project condition.
c. Using the Unit Hydrographs determine which duration provides the highest flow rate. Adjust parameters such as lag time, flow line ro ughness coefficient or other parameters to calibrate Unit Hydrograph model to provide results similar to the Rational Method.
Using the calibrated Unit Hydrograph for the detention basin drainage area perform basin routing analysis to demonstrate that the outflow is less than the pre-project Rational Method flow rate.
43. All retaining walls shall require a separate permit from the Building Department. Retaining Wall plans shall be approved concurrent with Grading Plan approval. The retaining wall calculations shall address earth and hydrostatic loads associated with adjacent water basins Prior to Issuance of
a Grading or
Building Permit
Public Works Dept.
and Building Dept.
Prior to Issuance of Building Permits
44. Prior to the issuance of the first building permit, the final map shall be recorded, rough grading, precise grading, water quality treatment, and improvement plans shall be approved by the City Engineer and public improvements shall be constructed or secured by the applicant.
Prior to Issuance of
a Building Permit
Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
45. Prior to the issuance of any building permit, a pplicant shall obtain a grading permit and/or approval to construct from the City Engineer. Prior to Issuance of a Building Permit
Building Dept. and
Public Works Dept.
46. Water and sewer plans shall be approved by Elsinore Valley Municipal Water District (EVMWD) and City Engineer prior to issuance of a building permit. All water and sewer plans to be reviewed b y (EVMWD) shall be submitted to EVMWD. The City of Wildomar shall be copied on the transmittal with a copy of the improvement plans and all correspondence. Developer shall pay the appropriate plan review fees to EVMWD. Estimate of Costs for water and se wer facilities shall be approved by EVMWD and the City.
Prior to Issuance of
a Building Permit
Public Works Dept.
47. Fire service improvement plans shall be approved by Riverside County Fire Department (RCFD) prior to issuance of all applicable building permits. The City of Wildomar shall be copied on all FCFD transmittals with a copy of the improvement plans and all correspondence. Developer shall pay the appropriate plan review fees to RCFD. Estimate of Costs for fire service facilities shall be approved by RCFD and the City.
Prior to Issuance of
a Building Permit
Building Dept.
Fire Dept.
48. Prior to issuance of the 1st building permit, Developer shall enter into a maintenance agreement with the City to identify maintenance responsibilities for the variety of drainage facilities proposed for this development. This agreement shall include, but not be limited to: 1) defining responsible parties for maintenance of underground and above ground retention basins, bio- basins, storm drain pipes and appurtenances, 2) shall establish a mechanism for future takeover of maintenance responsibilities of retention and bio -basins by City/CFD if Prior to Issuance of
a Building Permit
Public Works Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
deemed necessary, 3) establish access rights should City/CFD take over maintenance in future, 4) include manufacturers specification and maintenance instructions for the perpetual maintenance of said basins.
49. The Developer shall submit landscaping and irrigation plans to the Planning Department for approval for landscaping within the public right-of-way. These plans shall include water usage calculations, estimate of irrigation and the location of all existing trees that will remain.
Prior to Issuance of
a Building Permit
Public Works Dept.
Planning Dept.
50. Prior to the issuance of a building permit, the a pplicant shall demonstrate compliance with the California Title 24. Prior to Issuance of a Building Permit
Building Dept.
51. The Developer shall demonstrate that all development related fees, impact fees, and mitigation fees have been satisfactorily paid. Prior to Issuance of a Building Permit
Building Dept.
52. The Developer shall pay the appropriate impact mitigation fee to the Riverside County Flood Control and Water Conservation District and provide the City receipt of payment.
Prior to Issuance of
a Building Permit
Building Dept.
53. The Developer shall pay all necessary impact and mitigation fees required. These fees include, but are not limited to, fees associated with Transportation Uniform Mitigation Fee (TUMF), Quimby (parkland in-lieu) Fee, and City Development Impact Fees.
Prior to Issuance of
a Building Permit or
Certificate of
Occupancy
Building Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
Prior to Building Occupancy, Final Inspection or Surety Release
54. Prior to occupancy release, all public and private improvements required by the project conditions of approval and as shown on the approved project improvement plans, including onsite and offsite public street improvements, water, sewer and utility improvements, flood control improvements and onsite grading, storm water quality treatment improvements and landscaping, shall be
constructed/installed and approved
Prior to Occupancy
Release
Public Works Dept.
55. Prior to recordation of the final map, all above-ground utilities, including but not limited to communication and power that are 33KV in size or less , shall be undergrounded (or securities posted) by the Developer in accordance with City of Wildomar Municipal Code Section 16.40.010 requirements. The undergrounding of utilities shall be reflected on the project improvement plans . (amended by City Council on 2/13/19)
Prior to Occupancy
Release
Public Works Dept.
56. Prior to occupancy release, flood control facilities shall be constructed per the approved plans in accordance with applicable stand ards. All required maintenance agreements shall be executed and
easements/right of way conveyances recorded to the satisfaction of the governing agency and the City Engineer.
Prior to Occupancy
Release
Public Works Dept.
57. The project Developer shall be required to pay its fair share cost of the traffic signal mitigation at the offsite intersection of Monte Vista Drive and Baxter Road as required in the approved Traffic Impact Analysis.
Prior to Occupancy
Release
Public Works Dept.
Building Dept.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
58. The Developer shall install light emitting diode (LED) streetlights in accordance with the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, City Ordinances and to the satisfaction of the City Engineer.
Prior to Occupancy
Release
Public Works Dept.
59. The Developer shall install all street name signs at intersections within or adjacent to the project, and/or replace street name signs in accordance with the City of Wildomar Standard Details and to the satisfaction of the City Engineer.
Prior to Occupancy
Release
Public Works Dept.
60. Prior to occupancy release, Developer shall construct the storm water quality treatment devices to accommodate all project runoff from in accordance with the approved WQMP to the satisfaction of the City Engineer. All storm water quality treatment devices shall be constructed outside of the ultimate public right of way. Applicant shall provide for maintenance responsibilities in the project’s CC&R’s or execute a maintenance agreement with the City.
Prior to Occupancy
Release
Public Works Dept.
61. The Developer shall provide letters addressed to the City of Wildomar from all applicable outside agencies (e.g., RCFCD, EVMWD, RCFD, Caltrans, etc.) involved in the approval and accep
tance of
improvements.
Prior to Occupancy
Release
Public Works Dept.
Building Dept.
62. The Developer shall annex into all applicable Maintenance Districts, Community Service Areas and Landscaping Maintenance District for landscaping, lighting, drainage and maintenance to the satisfaction of the City Engineer or otherwise form a District where one is not currently in place.
Prior to Occupancy
Release
Public Works &
Building Depts.
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
63. Prior to occupancy or surety release, permanent survey monuments shall be set at project boundaries, lot boundaries, the intersection of street centerlines, beginning and end of curves in centerlines, and at other locations designated on the final map. All monuments shall be placed in accordance with standard survey practices.
Prior to Occupancy
Release
Public Works Dept.
64. The applicant shall file a letter with the SWRCB or submit information to the SMART System stating that the construction activity is complete. A copy of this letter shall be submitted to the City prior to occupancy or surety release.
Prior to Occupancy
Release
Public Works Dept.
65. Prior to occupancy release, Developer shall supply City and Property Owner’s/Home Owner’s Association copies of manufacturer’s specifications and maintenance instructions for the perpetual maintenance of the bio- basins, underground Storm Tech basins and above ground basins and appurtenances.
Prior to Occupancy
Release
Public Works Dept.
66. Prior to occupancy release, the applicant shall post agency required no dumping messages on a
ll catch basins and storm drain inlet
facilities as required by the City Engineer.
Prior to Occupancy
Release
Public Works Dept.
RIVERSIDE COUNTY FIRE DEPARTMENT
General Conditions
1. Fire Hydrants and Fire Flow: Provide or show there exist fire hydrant(s) capable of delivering required fire flow per the California Fire Code, Riverside County Fire Department within 600 feet to all portions of the proposed structures. The Riverside County Fire Department has a Technical Policy allowing this distance to i ncrease On-Going Fire Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
based upon an upgraded sprinkler system in the home . Reference 2016 California Fire Code (CFC) Section 507.5.1.
2. Water Plans: If fire hydrants are required to be installed, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval prior to building permit issuance. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval. Ref. CFC 105.4.1.
On-Going Fire Department
3. Water system prior to combustibles on site: No combustible material shall be brought on site until the water system has been inspected and approved by the Riverside County Fire Department.
On-Going Fire Department
4. Blue Dot Reflectors: Blue retro- reflective pavement markers shall be installed to indicate the location of fire hydrants. On-Going Fire Department
5. Fire Department Access: Fire Department apparatus access shall be provided to within 150 feet of all portions of all buildings. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The Applicant shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs.
On-Going Fire Department
6. Building Address Numbers: Display street numbe rs in a prominent location on the address side of buildings. Numbers shall be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours.
On-Going Fire Department
ATTACHMENT E – EXHIBIT 1
CONDITIONS OF APPROVAL
“The Village at Monte Vista” Project - Final Site Plan of Development/Plot Plan No. 18-0034/ APN’s: 367-140-008; 367-140-010 & 367-140-012
Plot Plan No. 18-0034 Approval Date:
February 13, 2019
Plot Plan No. 18-0034 Expiration Date:
February 13, 2022
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.
Verification
(Date and
Signature)
END
7. Address: The address shall be posted per Riversid e County Fire Department standards and will be clearly visible from public roadway.
Ref. CFC 505.1 as amended by the City of Wildomar and the County of Riverside Fire Prevention Standard #07-01 Premises Identification.
On-Going Fire Department
8. Knox Rapid Entry System: Gates shall be equipped with a Knox Rapid Entry System. Contact the Riverside County Fire Department for further information.
On-Going Fire Department
RIV #4833-9648-5472 v2 2 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT “E”
LIEN AGREEMENT
NOT USED
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
Offsite Public Improvement Agreement
Surety Bonds
Public Improvement Cost Estimate
ATTACHMENT D
1 PUBLIC IMPROVEMENT AGREEMENT
NO FEE DOCUMENT
Government Code §6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Clerk
The Above Space For Recorder’s
Use Only
Project Name: Summerhill 2, Tract 37476
Project Address: 34400 Monte Vista Drive
APN: 367-140-008, 367-140-010 &
367-140-012
Project No.: 21-0122
OFFSITE PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is entered into this 12 th day of January, 2022 by and between the City of Wildomar, a California municipal corporation (“City”) and KB Home Coastal Inc., a California corporation, (“Principal”). City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.
RECITALS
A. Principal owns the real property located at APNs 367-140-008, 367-140- 010 and 367-140-012, in the City of Wildomar, California, which is more particularly described in Exhibit “A” to this Agreement (“Property”).
B. Principal has applied for and obtained certain development approvals from the City to develop the Property. The development approvals and City ordinances require Principal to construct certain public improvements and dedicate those public improvements to the City after construction is complete.
C. This Agreement memorializes the understanding between the parties regarding the terms and conditions under which Principal will construct and City will accept the required public improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
1. Construction of Improvements. The Principal agrees to construct and 2 PUBLIC IMPROVEMENT AGREEMENT
install on the Property, at the Principal’s own cost and expense, the public improvements shown on the improvement plans submitted by Principal and approved by the City as referenced and contained within this Public Improvement Agreement (“Required Improvements”). Prior to commencing any work, Principal shall, at its sole cost and expense, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Required Improvements and performance of Principal’s obligations under this Agreement. The Required Improvements shall be constructed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
Principal shall complete the construction of the Required Improvements within twelve months of the date of this Agreement.
a. Standard of Performance. Principal and its contractors, if any, shall perform all work required to construct the Required Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Principal represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Principal warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
b. Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Required Improvements it is determined that the public interest requires alterations in the Required Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Required Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
c. Fees and Charges. Principal shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Required Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City or as required by other governmental agencies having jurisdiction over the Required Improvements.
2. Commencement of Work. The Principal shall notify the City Engineer of the commencement of work on the Required Improvements.
3. Completion of Improvements. Upon satisfactory completion of all Required Improvements as determined by the City Engineer or his or her designee 3 PUBLIC IMPROVEMENT AGREEMENT
(hereafter the “City Engineer”), Principal shall offer to dedicate the Required Improvements to the City, and City agrees to accept that offer of dedication in accordance with its policies and procedures and the terms of this Agreement.
4. Title to Required Improvements. The City shall not accept the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, the approved final or parcel map, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer.
Until such time as the Required Improvements are accepted by the City, Principal shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of the Required Improvements shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Principal shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.
a. Developer’s Notice of Completion. Upon the acceptance of the Required Improvements by City, Principal shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Required Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the accepted Required Improvements shall become the sole and exclusive property of City without payment therefor.
b. City Acceptance of Public Improvements. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Required Improvements.
c. Developer’s Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Required Improvements unless and until Principal provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Required Improvements. The drawings shall be certified and shall reflect the condition of the Required Improvements as constructed, with all changes incorporated therein.
5. Extension of Time to Complete Improvements.
a. The City Engineer may extend the date for completing the Required Improvements. Extensions shall be granted only upon a showing of good cause by the Principal. The City Engineer shall be the sole and final judge as to whether good cause has been shown.
b. Requests for extension of the completion date shall be in writing and delivered to the City Engineer in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
4 PUBLIC IMPROVEMENT AGREEMENT
c. In the event the City Engineer extends the time of completion of the Required Improvements, such extension may be granted without notice by the City to the Principal’s surety and shall in no way release any guarantee or security given by the Principal pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time, the City may require new or amended improvement security to reflect increases in the estimated costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.
6. Inspection. Principal shall at all times maintain proper facilities and safe access for inspection of the Required Improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Principal may request a final inspection by the City Engineer or his designee. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Required Improvements to the City. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Principal shall bear all costs of plan check, inspection and certification.
7. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of the Required Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Required Improvements until approved and accepted. Any use by any person of the Required Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Principal at all times prior to City’s acceptance of the Required Improvements. Principal shall maintain all the Required Improvements in a state of good repair until they are completed by Principal and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Principal’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Principal fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Principal and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Required Improvements or their condition prior to acceptance. Until final acceptance of the Required Improvements, Principal shall give good and adequate warning to the public of each and every dangerous condition existing on the Property, and will take reasonable actions to protect the public from such dangerous conditions.
5 PUBLIC IMPROVEMENT AGREEMENT
8. Superintendence by Principal. Principal shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Principal shall maintain an office with a telephone and Principal or a person authorized to make decisions and to act for Principal in Principal’s absence shall be available on the job site within three (3) hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements.
9. Injury to Public Improvements, Public Property or Public Utilities Facilities.
Principal shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Principal shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Engineer.
10. Warranty. If, within a period of one year after final acceptance by the City of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Principal, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Principal shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Principal fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Principal can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Principal shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.
As to any Required Improvements which have been repaired, replaced, or reconstructed during the Warranty, Principal and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Required Improvements. Nothing herein shall relieve Principal from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Required Improvement following expiration of the Warranty or any extension thereof. Principal’s warranty obligation under this section shall survive the expiration or termination of this Agreement.
11. Defense, Indemnification and Hold Harmless. Principal shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful 6 PUBLIC IMPROVEMENT AGREEMENT
misconduct of Principal, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Required Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them.
This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Principal’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.
12. Security.
a. Required Security. Concurrently with the execution of this Agreement, the Principal shall furnish the City with:
(1) Faithful Performance Security. Principal shall provide faithful performance security to secure faithful performance of this Agreement (“faithful performance” security). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $1,928,500.00 (One Million Nine Hundred Twenty Eight Thousand Five Hundred and No/100 Dollars). (2) Payment Security. Principal shall also provide payment security to secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for the work (“payment security”). This security shall be in the amount of fifty percent (50%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $964,250.00 (Nine Hundred Sixty-Four Thousand Two Hundred Fifty and No/100 Dollars), and shall secure the obligations set forth in Title 1 (commencing with Section 8000) through Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. (3) Guarantee and Warranty Security. Principal shall also file with this Agreement a “guarantee and warranty security” in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $192,850.00 (One Hundred Ninety- Two Thousand Eight Hundred Fifty and No/Dollars) to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished. (4) Monument Security. Principal shall also file with this Agreement a “monument security” in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments, as determined by the City 7 PUBLIC IMPROVEMENT AGREEMENT
Engineer, which total cost is in the amount of Not Applicable, to guarantee and secure the placement of such monuments.
b. Additional Requirements.
(1) Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner of the State of California as “admitted surety insurers,” to act as surety upon bonds and undertakings. The company shall maintain in this State at least one office for the conduct of its business. Bonds must be approved by the City. The premiums for said bonds shall be paid by Principal.
(2) The bonds shall be furnished on the forms enclosed
following this Agreement and shall be satisfactory to the City. (3) The surety (or sureties) shall furnish reports as to the financial conditions from time to time as requested by the City. (4) Alternative forms of security will be allowed upon approval of the City Engineer and shall be approved as to form by the City Attorney. All required securities shall be in a form approved by the City Attorney. (5) No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties.
(6) The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer and as provided in this Agreement. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Principal’s completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City. (7) The Attorney-in-Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. c. Principal’s Liability. While no action of Principal shall be required in order for City to realize on its security under any security instrument, Principal agrees to cooperate with City to facilitate City’s realization under any security instrument, and to take no action to prevent City from such realization under any Security instrument.
Notwithstanding the giving of any security instrument or the subsequent expiration of any security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Principal shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) 8 PUBLIC IMPROVEMENT AGREEMENT
days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 12. d. Release of Security.
(1) Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. Any unreleased portion of the guarantee and warranty security shall remain in full force and effect unless and until the City notifies Principal in writing that the necessary repairs have been made to the satisfaction of the City Engineer and that the warranty period has been successfully completed. (2) Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code (commencing with Section 8410), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.
(3) Faithful Performance Security. The faithful performance security may be released upon acceptance of the Required Improvements by the City. (4) Monument Security. The monument security may be
released by written authorization of the City Engineer after all required monuments are accepted by the City Engineer, and City has received written acknowledgment of payment in full from the engineer or surveyor who set the monuments.
13.Insurance.
a.Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
(1)General Liability. Developer and its contractors shall procure and maintain Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher limits than the 9 PUBLIC IMPROVEMENT AGREEMENT
specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by Developer. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance
(2)Business Automobile Liability. Developer and its
contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, and non owned by the insured or for which the insured is responsible.
(3)Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees. (4)Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.
(5)Pollution Liability.Minimum Limits: $1,000,000 per
Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City. Developer and its contractors are responsible for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work. The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work. The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the 10 PUBLIC IMPROVEMENT AGREEMENT
existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. b.Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
c.Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. City shall continue to be an additional insured for completed operations for (1) year after completion of the work. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. d.Primary Insurance; Waiver of Subrogation. The General Liability Insurance provided to the additional insured shall be primary to, and non contributory with, any insurance or self insurance program maintained by the City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City, its elected officials, officers, employees, agents and volunteers.
e.Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. f.Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. Developer shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Developer shall forthwith obtain and submit proof of substitute insurance. Should Developer fail to immediately procure other insurance, as 11 PUBLIC IMPROVEMENT AGREEMENT
specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.
g.Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.
14. Principal Not Agent of City. Neither Principal nor any of Principal’s agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Principal’s obligations under this Agreement.
15. Default; Notice; Remedies.
a. Notice. If Principal neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Principal to be in default or violation of this Agreement and make written demand upon Principal or its surety, or both, to immediately remedy the default or violation. Principal shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Principal shall commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the demand to remedy the default, Principal and its surety shall be liable to City for all costs of construction and installation of the Required Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
b. Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Principal and its surety, without the necessity of giving any further notice to Principal or surety. City’s right to take such actions shall in no way be limited by the fact that Principal or its surety may have constructed any, or none of the required or agreed upon Required Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Principal or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Principal or its surety the full cost and expense incurred.
c. Other Remedies. No action by City pursuant this section shall prohibit City from exercising any other right or pursuing any other legal or equitable 12 PUBLIC IMPROVEMENT AGREEMENT
remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.
16. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid.
Notices required to be given to City shall be addressed as follows:
City Engineer
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Notices required to be given to Principal shall be addressed as follows:
KB Home Coastal Inc.
Heidi McBroom, Director of Forward Planning
36310 Inland Valley Drive
Wildomar, CA 92595
17. Authority to Execute. Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
18. Attorney’s Fees. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all attorney’s fees and costs. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of attorney’s fees and costs.
19. Assignment. Principal shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.
20. Compliance with Laws. Principal, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including, but not limited to, obtaining all applicable 13 PUBLIC IMPROVEMENT AGREEMENT
permits and licenses.
21. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Principal of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Principal agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Required Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Required Improvements or this Agreement.
22. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Principal’s rights with respect to any change in any zoning or building law or ordinance.
23. Approvals by City; Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Principal and by the City. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
24. Construction and Interpretation. It is agreed and acknowledged by Principal that the provisions of this Agreement have been arrived at through negotiation, and that Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.
25. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. The Agreement shall be recorded in the Office of the Recorder of Riverside County and shall constitute a covenant running with the land and an equitable servitude upon the subject property.
26. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Riverside, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California.
27. Integration. This Agreement is an integrated agreement. It supersedes all 14 PUBLIC IMPROVEMENT AGREEMENT
prior negotiations, representations, or agreements, either written or oral.
28. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Principal include all personnel, employees, agents, and subcontractors of Principal, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.
The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
29. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired.
30. Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.
31. Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Principal.
32. Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, nor approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Principal. Principal’s contractors and subcontractors are exclusively and solely under the control and dominion of Principal.
Nothing herein shall be deemed to make Principal or its contractors an agent or contractor of City.
IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
15 PUBLIC IMPROVEMENT AGREEMENT
CITY OF WILDOMAR
Gary Nordquist
City Manager
PRINCIPAL:
Name: Heidi McBroom
Title: Director of Forward Planning
Name:
Title:
ATTEST:
___________________________
Janet Morales
City Clerk
APPROVED AS TO FORM
___________________________
Thomas D. Jex
City Attorney
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS
SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF
INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO T BUSINESS ENTITY.
16 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
BEING A DIVISION OF A PORTION OF THE SOUTH HALF
OF LOT 178 OF SEDCO TRACT NO. 1 AS SHOWN BY MAP ON FILE IN BOOK 10 PAGES 58-75, INCLUSIVE OF MAPS, RECORDS OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, SITUATED IN
SECTION 26, T6S, R4W, S.B.M.
APNs: 367-140-008, 367-140-010, 367-140-012
1 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “B”
SURETY BONDS AND OTHER SECURITY
As evidence of understanding the provisions contained in this Agreement, and of the Principal’s intent to comply with same, the Principal has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCE SECURITY: $ 1,928,500.00
Surety:
Attorney-in-
fact:
Address:
PAYMENT SECURITY: $1,667,5 964,250.00
Surety:
Attorney-in-
fact:
Address:
MONUMENT SECURITY: $ Not Applicable
Amount deposited per Cash Receipt
No.
Date:
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________
SUBJECT TO RENEWAL
CITY OF WILDOMAR
OFFSITE PUBLIC IMPROVEMENTS
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Wildomar, California (“City”) and KB Home Coastal Inc., (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Summerhill 2, Tract 37476 Offisite Public Improvements (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement dated January 12, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.
NOW, THEREFORE, Principal and _________________________________ (“Surety”), a corporation organized and existing under the laws of the State of __________, and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of ___________________________________ Dollars ($____________), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in 2 PUBLIC IMPROVEMENT AGREEMENT
the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.
KB Home Coastal Inc.
Principal Surety
By: By:
Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________
SUBJECT TO RENEWAL
CITY OF WILDOMAR
OFFSITE PUBLIC IMPROVEMENTS
FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS the City of Wildomar California (“City”) and KB Home Coastal Inc., (“Principal”), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Summerhill 2, Tract 37476 Offsite Public Improvements (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement dated January 12, 2022 (“Improvement Agreement”);
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.
NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the 2 PUBLIC IMPROVEMENT AGREEMENT
same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of _________________________ Dollars ($_______________), said sum being not less than 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.
As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. 3 PUBLIC IMPROVEMENT AGREEMENT
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _____________________, this _____ day of _______________, ______.
KB Home Coastal Inc.
Principal Surety
By: By:
Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION
BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF
ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.10
CONSENT CALENDAR
Meeting Date: January 12, 2022
______________________________________________________________________
TO: Mayor and City Council Members
FROM: Dan York, Assistant City Manager
PREPARED: Emily Stadnik, Land Development Manager
SUBJECT: Villa Sienna Apartment Project (PP 13-0089): Onsite Public Improvement Agreement and Offsite Public Improvement Agreement
STAFF REPORT
RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager to execute the Onsite Public Improvement Agreement and Offsite Public Improvement Agreement with Villa Sienna Property, LLC.
BACKGROUND:
The Villa Sienna Apartment Project (Plot Plan No. 13-0089) (Project) is an approved plot plan for multi-family residential purposes located north of Prielipp Road, between Elizabeth Lane and Jana Lane, within the City of Wildomar. The Project was approved by the City’s Planning Commission on November 4, 2020 for the construction of 170 apartment dwelling units. The planned development will consist of 28 apartment buildings, pool and club house. On November 7, 2018, an extension of time was approved by the Planning Commission. With the approval of extension of time, the new deadline to begin construction on the project is November 12, 2021. An aerial image of the project site and the surrounding area is provided in Attachment A and the project site plan is provided in Attachment B. The grading and public improvement plans for Villa Sienna Apartment Project have been reviewed and approved by the City.
DISCUSSION:
Public Improvement Agreements
In order to complete onsite and offsite public improvements, the Developer is required to enter into an Onsite Public Improvement Agreement and Offsite Public Improvement Agreement (Attachments C and D respectively) with the City. The agreements identify the Developer’s obligations to the City in performing and completing the construction for onsite and offsite public improvements. The agreements also provide the City with bonds to ensure the Developer will fulfill his/her obligations and secure improvements. If the Developer fails to fulfill these obligations, the bonds will provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition. The security amounts are based on the Developer’s engineer’s construction cost estimates for the onsite and offsite public improvements.
Staff is requesting that the City Council authorize the City Manager to execute the Onsite Improvement Agreement and Offsite Public Improvement Agreement.
FISCAL IMPACT:
There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer deposits.
Submitted by: Approved by:
Daniel A. York Gary Nordquist
Assistant City Manager, City Manager
Public Works Director/City Engineer
ATTACHMENTS:
A. Aerial Image of Villa Sienna Apartment Project
B. Villa Sienna Apartment Project Site Plan
C. Onsite Public Improvement Agreement, Surety Bonds, and Onsite Cost Estimate D. Offsite Public Improvement Agreement, Surety Bonds and Offsite Cost Estimate
ATTACHMENT A
Aerial Image of Villa Siena Apartment Project
(highlighted in yellow)
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
Villa Siena Apartment Project
Site Plan
DW
S
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
1 PUBLIC IMPROVEMENT AGREEMENT
NO FEE DOCUMENT
Government Code §6103
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Clerk
The Above Space For Recorder’s
Use Only
Project Name: Villa Siena Apartments
Project Address: 36485 Jana Lane
APN: 380-290-029
Project No.: 21-0061
ONSITE PUBLIC IMPROVEMENT AGREEMENT
This Public Improvement Agreement (“Agreement”) is entered into this 12th day of January, 2022 by and between the City of Wildomar, a California municipal corporation (“City”) and Villa Siena Property, LLC, a Delaware limited liability company (“Principal”).
City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.
RECITALS
A. Principal owns the real property located at APNs 380-290-029, in the City of Wildomar, California, which is more particularly described in Exhibit “A” to this Agreement (“Property”).
B. Principal has applied for and obtained certain development approvals from the City to develop the Property. The development approvals and City ordinances require Principal to construct certain public improvements and dedicate those public improvements to the City after construction is complete.
C. This Agreement memorializes the understanding between the parties regarding the terms and conditions under which Principal will construct and City will accept the required public improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
2 PUBLIC IMPROVEMENT AGREEMENT
1. Construction of Improvements. The Principal agrees to construct and install public improvements on Jana Lane at the Principal’s own cost and expense - said improvements shown on the onsite improvement plans submitted by Principal and approved by the City as referenced and contained within this Public Improvement Agreement (“Required Improvements”). Prior to commencing any work, Principal shall, at its sole cost and expense, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Required Improvements and performance of Principal’s obligations under this Agreement. The Required Improvements shall be constructed in accordance with all approved plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.
Principal shall complete the construction of the Required Improvements within twelve months of the date of this Agreement.
a. Standard of Performance. Principal and its contractors, if any, shall perform all work required to construct the Required Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Principal represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Principal warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
b. Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Required Improvements it is determined that the public interest requires alterations in the Required Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Required Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
c. Fees and Charges. Principal shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Required Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City or as required by other governmental agencies having jurisdiction over the Required Improvements.
2. Commencement of Work. The Principal shall notify the City Engineer of the commencement of work on the Required Improvements.
3. Completion of Improvements. Upon satisfactory completion of all 3 PUBLIC IMPROVEMENT AGREEMENT
Required Improvements as determined by the City Engineer or his or her designee (hereafter the “City Engineer”), Principal shall offer to dedicate the Required Improvements to the City, and City agrees to accept that offer of dedication in accordance with its policies and procedures and the terms of this Agreement.
4. Title to Required Improvements. The City shall not accept the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer. Until such time as the Required Improvements are accepted by the City, Principal shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of the Required Improvements shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Principal shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City. a. Developer’s Notice of Completion. Upon the acceptance of the Required Improvements by City, Principal shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Required Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the accepted Required Improvements shall become the sole and exclusive property of City without payment therefor.
b. City Acceptance of Public Improvements. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Required Improvements.
c. Developer’s Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Required Improvements unless and until Principal provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Required Improvements. The drawings shall be certified and shall reflect the condition of the Required Improvements as constructed, with all changes incorporated therein.
5. Extension of Time to Complete Improvements.
a. The City Engineer may extend the date for completing the Required Improvements. Extensions shall be granted only upon a showing of good cause by the Principal. The City Engineer shall be the sole and final judge as to whether good cause has been shown.
b. Requests for extension of the completion date shall be in writing and delivered to the City Engineer in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
4 PUBLIC IMPROVEMENT AGREEMENT
c. In the event the City Engineer extends the time of completion of the Required Improvements, such extension may be granted without notice by the City to the Principal’s surety and shall in no way release any guarantee or security given by the Principal pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time, the City may require new or amended improvement security to reflect increases in the estimated costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.