Wildomar City Council
April 13, 2022

CITY OF WILDOMAR

CERTIFICATION OF HEALTH CARE PROVIDER FOR
EMPLOYEE’S SERIOUS HEALTH CONDITION
(CALIFORNIA FAMILY RIGHTS ACT/PREGNANCY DISABILITY LEAVE LAW) SECTION I: For Completion by the EMPLOYER
Employer name and contact: City of Wildomar
Human Resources Department, Attn: Sherri Stanton
Phone: (951) 677-7751 ext. 240; FAX: (951) 514-2916

Employee’s job title: ___________________________
Regular work schedule:

Employee’s essential job functions:

Check if job description is attached: ______

**************************************************************************************************** SECTION II: For Completion by the EMPLOYEE

The California Family Rights Act (CFRA), and Pregnancy Disability Leave Law (PDL) provide that an employer may require an employee seeking protection s under one or more of the CFRA/PDL because of a need for leave due to a serious health condition or disability due to pregnancy to submit a timely, complete, and sufficient medical certification issued by the employee’s health care provider. If requested by the City, your response is required to obtain or retain the benefit of CFRA/PDL-protected leave. Failure to provide sufficient detail may result in delay or denial of designation of your requested leave as CFRA/PDL-qualifying.

Please complete the information below and then have your health care provider complete Section III of this certification. The certification must be returned to the City’s Human Resources Department on or before ____________ by close of business.

Your Name:

First Middle Last

SECTION III: For Completion by the HEALTH CARE PROVIDER

INSTRUCTIONS to the HEALTH CARE PROVIDER: Your patient has requested leave under either the CFRA, or PDL. Answer, fully and completely, all applicable parts. Several questions seek a response as to the frequency or duration of a condition, treatment, etc. Your answer should be your best estimate based upon your medical knowledge, experience, and examination of the patient. B e as specific as you can; terms such as “lifetime,” “unknown,” or “indeterminate” may not be sufficient to determine coverage.

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by that law. To comply with the GINA, we ask that when you are responding to this request for medical information, do not provide any genetic information such as an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, or genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Limit your responses to the condition for which the employee is seeking leave and do not disclose diagnosis without the patient's permission. Space is provided for additional information, should you need it. Please be sure to sign the form on the last page.

Provider’s name: ______________________________________________________________________

Type of practice / Medical specialty:

Business address:

Telephone ( )

Fax ( )

PART A: MEDICAL FACTS

1. Approximate date condition commenced:

Probable duration of condition:

Was the patient admitted, or will the patient be admitted, for an overnight stay in a hospital, hospice, or residential medical care facility?

___ Yes If so, dates of admission:
___ No

PART A: MEDICAL FACTS (continued)

2. Date(s) you have treated the patient for condition:

Will the patient need to have treatment visits at least twice per year due to the condition? __ Yes __ No
Was medication, other than over-the-counter medication, prescribed? ___ Yes ___ No.

Has the patient been referred to other health care provider(s) for evaluation or treatment (e.g., physical therapist)? ___ Yes ___ No

If so, state the nature of such treatments and expected duration of treatment:

3. Is the medical condition pregnancy? ___ Yes. If so, expected delivery date:
___ No

4. Use the information provided by the employer in Section I to answer this question. If the employer fails to provide a list of the patient’s essential functions or a job description, answer these questions based upon the patient’s own description of his/her job functions.

Is the patient unable to perform any job functions due to the condition? ___ Yes. ___ No.

If so, identify the job functions the patient is unable to perform:

5. Describe other relevant medical facts, if any, related to the condition for which the patient seeks leave (such medical facts may include symptoms affecting the patient's ability to perform job functions; or any regimen of continuing treatment such as the use of specialized equipment. Do not specify diagnosis, other than pregnancy, unless permitted by the patient. ):

PART B: AMOUNT OF LEAVE NEEDED

1. Will the patient be incapacitated for a single continuous period of time due to his/her medical condition, including any time for treatment and recovery? ___ Yes ___ No.

If so, estimate the beginning and ending dates for the period of incapacity:

2. Will the patient need to attend follow-up treatment appointments or work part-time or on a reduced schedule because of the patient’s medical condition? ___ Yes ___ No.

If so, are the treatments or the reduced number of hours of work medically necessary ? ___ Yes ___ No.

Estimate treatment schedule, if any, including the dates of any scheduled appointments and the time required for each appointment, including any recovery period:

Estimate the part-time or reduced work schedule the patient needs, if any:
_______ hour(s) per day; _______ days per week from ____________ through

3. Will the condition cause episodic flare-ups periodically prevent the patient from performing his/her job functions? ___ Yes ___ No.

Is it medically necessary for the patient to be absent from work during the flare -ups? ___ Yes ___ No. If so, explain:

Based upon the patient’s medical history and your knowledge of the medical condition, estimate the frequency of flare-ups and the duration of related incapacity that patient may have over the next 6 months (e.g., 1 episode every 3 months lasting 1-2 days):

Frequency: times per week(s) month(s)
Duration: hours or day(s) per episode

ADDITIONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDITIONAL ANSWER

Signature of Health Care Provider

Date

CITY OF WILDOMAR

CERTIFICATION OF HEALTH CARE PROVIDER FOR
A FAMILY MEMBER’S SERIOUS HEALTH CONDITION
(CALIFORNIA FAMILY RIGHTS ACT)
SECTION I: For Completion by the EMPLOYER
Employer name and contact: City of Wildomar
Human Resources Department, Attn: Sherri Stanton
Phone: (951) 677-7751 ext. 240; FAX: (951) 514-2916

Employee’s Name: ___________________________

**************************************************************************************************** SECTION II: For Completion by the EMPLOYEE

INSTRUCTIONS to the EMPLOYEE: Please complete Section II before giving this form to the health care provider to complete Section III. You are required to submit a timely, complete, and sufficient medical certification to support a request for leave to care for a covered family membe r with a serious health condition. If requested by the City, your response is required to obtain or r etain the benefit of CFRA- protected leave. Failure to provide sufficient detail may result in delay or denial of designation of your requested leave as CFRA-qualifying.

The certification must be returned to the City’s Human Resources Department on or before ____________ by close of business. For certifications returned by fax, please use a cover sheet marked "Confidential."

Your Name:

First Middle Last

Name of Family Member to Receive Care:

First Middle Last
Relationship to Employee:

Spouse/ Registered Domestic Partner
Minor Child

Adult Child
Child of Domestic Partner
Parent or Parent-in-law

Sibling
Grandparent
Grandchild
Describe care you will provide to your family member and estimate leave needed to provide care (YOU ARE NOT REQUIRED TO DISCLOSE THE FAMILY MEMBER’S DIAGNOSIS):
____________________________________________________________________________________ ____________________________________________________________________________________ ______________________________________________________________________________ ______ ____________________________________________________________________________________ _________________________________________ ______________________________________ Employee name Date

SECTION III: For Completion by the HEALTH CARE PROVIDER

INSTRUCTIONS to the HEALTH CARE PROVIDER: The employee listed above has requested leave under the CFRA to care for your patient. Answer, fully and completely, all applicable parts below. Several questions seek a response as to the frequency or duration of a condition, treatment, etc. Your answe r should be your best estimate based upon your medical knowledge, experience, and examination of the patient. Be as specific as you can; terms such as “lifetime,” “unknown,” or “indeterminate” may not be sufficient to determine CFRA coverage.

The Geneti c Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by that law. To comply with the GINA, we ask that when you are responding to this request for medical information do not provide any genetic information such as an individual's family medical history, the results of an individual's or family member's genetic test s, the fact that an individual or an individual's family member sought or received genetic services, or genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Limit your responses to the condition for which the patient needs leave and do not disclose underlying diagnosis without the patient's permission . Space is provided for additional information, should you need it. Please be sure to sign the form on the last page.

Provider’s Name:

Business Address:

Telephone:( ) Fax:( )
PART A: MEDICAL FACTS

1. Approximate Date Condition Commenced:

Probable Duration of Condition:

Was the patient admitted, or will the patient be admitted, for an overnight stay in a hospital, hospice, or residential medical care facility?

___ Yes If so, dates of admission:
___ No

2. Date(s) you treated the patient for condition:

Will the patient need to have treatment visits at least twice per year due to the condition? __ Yes __ No Was the patient referred to other health care provider(s) for evaluation or treatment ( e.g., physical therapist)? __ Yes __ No. If so, state the nature of such treatments and expected duration of treatment:

PART A: MEDICAL FACTS (continued)

3. Is the medical condition pregnancy?
No
Yes. If so, expected delivery date:

4. Describe other relevant medical facts, if any, related to the condition for which the patient needs care (such medical facts may include symptoms or any regimen of continuing treatment such as the use of specialized equipment). Do not specify diagnosis without the consent of the patient:

PART B: AMOUNT OF CONTINUOUS CARE NEEDED FROM THE EMPLOYEE: Note: For purposes of this Part and Part C, a patient may be considered as "needing care" from the employee if one or more of the following circumstances apply. It need not be the case that the employee is the only individual or family member available to provide the care:
• The patient is unable to care for his/her own safety or basic medical, hygienic, or nutritional needs or safety;
• The patient is unable to transport himself/herself to treatment locations; • The patient would benefit from psychological comfort and reassurance offered by the employee while receiving care at home or on an inpatient basis;
• The patient needs the employee's assistance in making changes for provision of care, such as transfer to a nursing home.

1. Will the patient need care from the employee for a single continuous period of time, including any time for treatment and recovery?
No
Yes.

If yes, estimate the beginning and ending dates for this period of time:

2. Will the patient require follow-up treatments, including any time for recovery? No
Yes.

If yes, estimate treatment schedule, if any, and the expected period over which appointments will be needed. I nclude the dates of any scheduled appointments and the time required for each appointment, including any recovery period:

____________________________________________________________________________________

PART C: AMOUNT OF INTERMITTENT CARE NEEDED FROM THE EMPLOYEE Note: For purposes of this Part, a patient may be considered as needing intermittent care from the employee if one or more of the following circumstances apply:

• The serious injury/illness may have irregular flare -ups for which the employee is needed to provide care;

• The nature of arrangements made for the patient means that the need for participation by the employee in his/her care is intermittent, such as where other care is normally available, or where care responsibilities are shared with others.

1. Based on either of the above circumstances, will the employee be needed to provide care for the patient on an intermittent basis?
No
Yes
If yes, based on the patient's medical history and your knowledge of the medical condition, please estimate the approximate frequency and duration of the intermittent care that the patient may need over the next 6 months (e.g. once every 3 months lasting 1 -2 days), or describe circumstances affecting frequency and duration:

Frequency: times per week(s) month(s)
Duration: hours or day(s) per episode
Other circumstances affecting frequency and duration of the patient's need for care by the employee:

ADDITIONAL INFORMATION: IDENTIFY QUESTION NUMBER WITH YOUR ADDITIONAL ANSWER

Signature of Health Care Provider

Date

CITY OF WILDOMAR

CERTIFICATION OF QUALIFYING EXIGENCY

FOR MILITARY FAMILY LEAVE

SECTION I: EMPLOYER INFORMATION

Employer name: CITY OF WILDOMAR
Contact Information: Human Resources Department, Attn: Sherri Stanton Phone: (951) 677-7751 ext. 240; FAX: (951) 514-2916

SECTION II: EMPLOYEE INFORMATION
INSTRUCTIONS to the EMPLOYEE: Please complete Section II fully and completely. The CFRA permit the City to require that you submit a timely, complete, and sufficient certification to support a request for CFRA leave due to a qualifying exigency. Several questions in this section seek a response as to the frequency or duration of the qualifying exigency. Be as specific as you can; terms such as “unknown,” or “indeterminate” may not be sufficient to determine CFRA coverage. If requested by the City, your response is required to obtain or retain the benefit of CFRA-protected leave . F ailure t o provide sufficient detail may result in delay or denial of designation of your requested leave as CFRA-qualifying.

You must return this form to Human Resources Department on or before _______________ by close of business. If you send by fax, please use a cover sheet marked "Confidential." Employee Name:

First Middle Last
Name of covered military family member on active duty or call to active-duty status in support of a contingency operation:

First Middle Last
Relationship of covered military family member to you:

Period of covered military family member’s active duty:

A complete and sufficient certification to support a request for CFRA leave due to a qualifying exigency includes written documentation confirming a covered military family member’s active duty or call to active- duty status in support of a contingency operation. Please check one of the following:

A copy of the covered military family member’s active-duty orders is attached.

Other documentation from the military certifying that the covered military family member is on active duty (or has been notified of an impending call to active duty), is attached.

I have previously provided the City with sufficient written documentation confirming the covered military family member’s active duty or call to active-duty status. 2 PART A: QUALIFYING REASON FOR LEAVE

1. Describe the reason you are requesting CFRA leave due to a qualifying exigency (including the specific reason you are requesting leave):

2. A complete and sufficient certification to support a request for CFRA leave due to a qualifying exigency includes any available written documentation which supports the need for leave; such documentation may include a copy of a meeting announcement for informational briefings sponsored by the military, a document confirming an appointment with a counselor or school official or staff at a care facility, or a copy of a bill for services for the handling of legal or financial affairs. Is written documentatio n supporting this request for leave attached?
___Yes ___No ___None Available
PART B: AMOUNT OF LEAVE NEEDED

1. Approximate date exigency commenced:

Probable duration of exigency:

2. Will you need to be absent from work for a single continuous period of time due to the qualifying exigency? ___Yes ___No
If yes, estimate the beginning and ending dates for the period of absence:

3. Will you need to be absent from work periodically to address this qualifying exigency? ___Yes ___No Estimate schedule of leave, including the dates of any scheduled meetings or appointments:

Estimate the frequency and duration of each appointment, meeting, or leave event, including any travel time (i.e., 1 deployment-related meeting every month lasting 4 hours):

Frequency: _____ times per ____ week(s) ____ months(s)
Duration: _____ hours ____ day(s) per event.

3 PART C: EXIGENCIES INVOLVING THIRD PARTIES
If leave is requested to meet with a third party (such as to arrange for childcare or parental care, to attend counseling, to attend meetings with school, childcare, or parental care providers, to make financial or legal arrangements, to act as the covered military family member’s representat ive before a federal, state, or local agency for purposes of obtaining, arranging, or appealing military service benefits, or to attend any event sponsored by the military or military service organizations), a complete and sufficient certification includes the name, address, and appropriate contact information of the individual or entity with whom you are meeting ( i.e., either the telephone or fax number or email address of the individual or entity). This information may be used by the City to verify that the information contained on this form is accurate.

Name of Individual: Title:

Organization:

Address:

Telephone: ( ) Fax: ( )
Email:

Describe nature of meeting:

PART D: EMPLOYEE CERTIFICATION
I certify that the information I provided above is true and correct.

Signature of Employee Date

CITY OF WILDOMAR
DESIGNATION NOTICE – LEAVE OTHER THAN PREGNANCY-RELATED (CALIFORNIA FAMILY RIGHTS ACT)
TO: __________________________
Employee
FROM: __________________________
Name of Employer Representative
DATE: ________ __________________
We have reviewed your request for leave under the California Family Rights Act (“CFRA”) and any supporting documentation you have provided. We received your most recent information on _________ and have decided:

Your leave request is approved beginning _______ through _______. All leave taken for this reason will be designated as:

You are required to notify us as soon as practicable if dates of scheduled leave change, are extended, or were initially unknown. Based on the information you have provided to date; we are providing the following information about the amount of time that will be counted against your leave entitlement:

Provided there is no deviation from your anticipated leave schedule, the following number of __ hours, __ days, or _ _ weeks will be counted against your leave entitlement: _________________ Because the leave you will need will be unscheduled, it is not possible to provide the hours, days, or weeks that will be counted against your leave entitlement at this time. You have the right to request this information once in a 30-day period (if leave was taken in the same 30-day period).

As of ____________, you have accrued the following paid leave(s) in the amount(s) specified:

Sick ___ Vacation ____ Comp Time ____ Floating Holiday ___ Admin leave ___ Other(s) _____ You have requested to use the following paid leave(s) during your leave. Any paid leave taken for this reason will count against your leave entitlement and will be exhausted in the following specified order.

Sick ___ Vacation ___ Comp Time ____ Floating Holiday ___ Admin leave ___ Other(s) _____ We are requiring you to use the following paid leave(s) during your leave. Any paid leave taken for this reason will count against your leave entitlement and will be exhausted in the following specified order.

Sick ___ Vacation ____ Comp Time ____ Floating Holiday ___ Admin leave ___ Other(s) _____ You will be required to present a medical certification releasing you to work, with or without restrictions, to be restored to employment. If such certification is not received by _________, your return to work may be delayed until certification is provided. A list of the essential functions of your position is is not attached. If attached, the medical release must address your ability to perform these functions and also identify the restrictions, if any, to which you are subject in returning to work.

The certification you have provided is not complete and sufficient to determine whether or not the CFRA applies to your request. The following information is needed to determine whether your request is approved:

You must provide the requested information to [NAME] in Human Resources , by no later than ____________________, or your leave may be delayed or denied.

We are exercising our right to have you obtain a second or third opinion medical certification at our expense, and we will provide further details at a later time.

Your leave request is Not Approved because
The CFRA does not apply to your leave request because:
.

You have exhausted your  CFRA leave entitlement(s) in the applicable 12-month period.

IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT SHERRI STANTON IN HUMAN RESOURCES AT (951) 677-7751 EXT. 240.
1 CITY OF WILDOMAR

NOTICE OF ELIGIBILITY AND RIGHTS & RESPONSIBILITIES FOR PREGNANCY -RELATED LEAVE (PREGNANCY DISABILITY LEAVE LAW)

[PART A – NOTICE OF ELIGIBILITY]
TO:

Employee
FROM:

Name of Employer Representative
DATE:

On , you informed us that you need a leave of absence because you are or will be impaired by one or more conditions related to pregnancy, childbirth, or other related medical conditions, starting on ______________ and continuing until ____________________.

This Notice is to inform you that you:

Are eligible for a Pregnancy Disability Leave (PDL) (see Part B below for Rights and Responsibilities).

Are not eligible for PDL due to a bona fide occupational qualification Are not eligible for PDL because you have exceeded the maximum PDL leave duration allowable by law (17 1/3 weeks
[PART B-RIGHTS AND RESPONSIBILITIES FOR TAKING PDL]
Under the California Fair Employment and Housing Act, if you are disabled by pregnancy, childbirth, or related medical conditions, you are eligible to take a pregnancy disability leave. Time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, childbirth, postpartum depression, loss or end of pregnancy, or recovery from childbirth or loss or end of pregnancy would all be covered.

If you are affected by pregnancy or a related medical condition, you are also eligible for reasonable accommodation, such as transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable. Please check the appropriate box to advise whether you are interested in a pregnancy- related transfer or other reasonable accommodation.  Yes  No.

As explained in Part A, you meet the eligibility requirements for taking PDL. However, in order for us to determine whether your absence qualifies as PDL leave we request the following information (only checked blanks apply):

Sufficient certification to support your request for PDL leave. A certification form that sets forth the information necessary to support your request is enclosed.

Other information needed:

No additional information requested

You must provide any requested information to Human Resources within 15 calendar days or by _______________.

Once we obtain the information specified above, we will inform you, within 5 business days, whether your leave has been approved, and if so, whether your leave will be designated as PDL leave, and count towards your PDL/ leave entitlement. If sufficient information is not provided in a timely manner, designation of your leave as PDL -qualifying may be delayed or denied.

CONTINUED ON NEXT PAGE

2 If we determine that your requested leave qualifies as PDL leave, you will have the following responsibilities in connection with your PDL:

You will be required to contact Human Resources at (951) 677-7751 to make arrangements to continue to make your share of the premium payments on your health insurance benefits while you are on leave. You have a minimum 30-day grace period in which to make premium payments. If payment is not made timely, your group health insurance may be cancelled, provided we notify you in writing at least 15 days before the date that your health coverage will lapse, or, at our option, we may pay your share of the premiums during PDL leave and recover these payments from you upon your return to work.

You will be required to use your available sick leave during your PDL absence. This means that you will receive your paid leave and the leave will also be considered protected PDL leave and counted against your PDL leave entitlement.

You will not be required to use your available sick leave.

If the circumstances of your leave change, and you are able to return to work earlier than the date indicated on the first page of this form, you will be required to notify us at least two workdays prior to the date you intend to report for work.

If we determine that your leave qualifies as PDL leave you will have the following rights while on PDL leave:
• You will have a right under the PDL for up to four months, or the working days in one-third of a year or 17 1/3 weeks, depending on your period of actual disability.
• PDL leave does not need to be taken in one continuous period of time but can be taken on an as-needed basis.

When medically necessary, leave may be taken on an intermittent or a reduced work schedule. • Your health benefits must be maintained under the same conditions as if you continued to work.

• You must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from PDL-protected leave. (If your leave extends beyond the end of your PDL entitlement, you do not have return rights under PDL. However, within 1 year of delivery, you may be entitled to up to an additional 12 weeks for baby bonding under the California Family Rights Act. Human Resources can provide you with more information regarding your potential CFRA leave entitlement.)

• If you do not return to work following PDL leave for a reason other than: 1) the continuation, recurrence, or onset of a serious health condition which would entitle you to PDL or CFRA leave; 2) the use of up to 12 weeks of CFRA leave to which you are entitled for baby bonding; or 3) other circumstances beyond your control, you may be required to reimburse us for our share of health insurance premiums paid on your behalf during your PDL leave.

• If we have not informed you above that you have a "responsibility" to use accrued paid leave while taking your unpaid PDL leave entitlement, you have the right to have sick __ vacation __ banked holiday __ floating holiday ____ management leave ____ other(s) _______run concurrently with your unpaid leave entitlement, provided you meet any applicable requirements of the leave policy. Applicable conditions related to the substitution of paid leave are referenced or set forth below. If you do not meet the requirements for taking paid leave, you remain entitled to take unpaid PDL leave.

For a copy of conditions applicable to sick/vacation/other leave usage please refer to available at: .

Applicable conditions for use of paid leave:

IF YOU HAVE ANY QUESTIONS, PLEASE DO NOT HESITATE
TO CONTACT HUMAN RESOURCES AT (951) 677-7751 EXT. 240.

CITY OF WILDOMAR
DESIGNATION NOTICE – PREGNANCY-RELATED LEAVE
(PREGNANCY DISABILITY LEAVE LAW)
To:

Date:

We have reviewed your request for leave under the Pregnancy Disability Leave Law ("PDL") and any supporting documentation that you have provided. We received your most recent information on and have decided:

Your leave request is approved. All leave taken for this reason will be designated as PDL leave.

You are required to notify us as soon as practicable if dates of scheduled leave change , are extended, or were initially unknown. Based on the information you have provided to date we are providing the following information about the amount of time that will be counted against your leave entitlement:

Provided there is no deviation from your anticipated leave schedule, the following number of  hours,  days, or  weeks will be counted against your leave entitlement:

Because the leave you will need will be unscheduled, it is not possible to provide the hours, days, or weeks that will be counted against your leave entitlement at this time. You have the right to request this information once in a 30-day period (if leave was taken in the same 30-day period).

To date, you have accrued the following paid leave(s) in the amount(s) specified:

Sick ____ Vacation ____ Banked Holiday ____ Floating Holiday ____ Mgmt. leave ____ Other(s) _____________ You have requested to use the following paid leave(s) during your leave. Any paid leave taken for this reason will count against your leave entitlement and will be exhausted in the following specified order:

Sick ____ Vacation ____ Banked Holiday ____ Floating Holiday ____ Mgmt. leave ____ Other(s) _____________ We are requiring you to sick leave during your leave. Any paid sick leave taken for this reason will count against your leave entitlement and will be exhausted accordingly.

You will be required to present a medical certification that you are able to return to work, with or without restrictions, before you may be restored to employment. If such certi fication is not timely received, your return to work may be delayed until certification is provided. A list of the essential functions of your position is is not attached. If attached, the medical certification must address your ability to perform these functions.

The certification you have provided is not complete and sufficient to determine whether or not the PDL applies. The following information is needed to determine whether your request is approved:

You must provide the requested information to Human Resources within 15 calendar days or no later than ____________________, or your leave may be delayed or denied.

Your leave request is Not Approved because:

The PDL does not apply to your leave request because:
.

You have exhausted your PDL leave for your current pregnancy.

IF YOU HAVE ANY QUESTIONS, PLEASE DO NOT HESITATE
TO CONTACT HUMAN RESOURCES AT (951) 677-7751 EXT. 240.

CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.12

CONSENT CALENDAR
Meeting Date: April 13, 2022
________________________________________________________________

TO: Mayor and City Council Members

FROM: Dan York, City Manager

SUBJECT: Establishment of Community Facilities District No. 2022-1 (Services)

STAFF REPORT

RECOMMENDATION:

That the City Council adopt the following Resolution:

RESOLUTION NO. 2022 -__

RESOLUTION OF CITY COUNCIL OF THE CITY OF WILDOMAR DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2022- 1 (SERVICES) OF THE CITY OF WILDOMAR, TO AUTHORIZE THE LEVY OF A

SPECIAL TAX ON PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS

OF PROVIDING CERTAIN PUBLIC SERVICES

BACKGROUND:

CAL Hearthstone Lot Option Pool 01, L.P., as the land banking entity of Lennar Homes (the “Developer”), owns 20 gross acres of property in the City which is proposed to be developed into 136 single family residential homes. Such property is generally located on the southwestern corner of Elizabeth Lane and Bunny Trail.

The Developer has requested that the City form a community facilities district (“CFD No. 2022- 1” or the “District”) to encompass such property in accordance with the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), to finance the costs of certain maintenance and safety services through the levy of special taxes.

The Developer has requested that the boundaries of CFD No. 2022-1 include the area described in Attachment A of the Resolution of Intention to Establish CFD No. 2022-1 presented at this meeting (the “Resolution of Intention”), and that special taxes be levied within the boundaries of the District in accordance with the Rate and Method of Apportionment ( the “ RMA”) described in Attachment C to the Resolution of Intention. The Resolution of Intention is the first step in the process of forming CFD No. 2022-1. The attached Resolution declares the City’s intention to establish CFD No. 2022-1 and calls for a public hearing. A public hearing on the matter will take place on June 8, 2022, and at that time the Council will formally consider approval to form CFD No. 2022- 1 and hold elections on the approval of the special taxes.

The current expectation is that additional territory will be annexed to the District in the future in accordance with the provisions of the Act. Any property so annexed will be subject to the special tax levy of the District to finance the maintenance and safety services.

FISCAL IMPACT
The Developer has made a deposit to pay for the costs of the formation proceedings which may be reimbursed to the Developer in accordance with a reimbursement agreement with the Developer . If established and subject to necessary Council and voter approvals, CFD No. 2022-1 will annually levy special taxes on all of the taxable property within the District in accordance with the RMA (as attached to the Resolution of Intention). Such special taxes will be used to pay for the costs of safety and maintenance services benefitting the property in the District and administration of the District.

The RMA provides that the annual special tax rates for maintenance services will be $408 per unit for single family and multi-family residential property and $5,267 for per acre for non-residential property.

The annual special tax rates for safety services are $430 per unit for single family residential property and $305 per unit for multi-family residential property.

The RMA also provides for a contingent special tax that will only be levied in the event that the applicable property owner assocaition does not provide the required maintenance services. The annual special tax rates for contingent services will be $264 per unit for single family and multi-family residential property and $3,372 for per acre for non-residential property.

All of the special tax rates above will increase annually at the rates set forth in the RMA.

Submitted and Approved by:

Dan York
City Manager

ATTACHMENTS:

1. Resolution of Intention to Establish CFD 2022-1

2. Landowner Petition

RESOLUTION NO. _____

RESOLUTION OF CITY COUNCIL OF THE CITY OF

WILDOMAR DECLARING ITS INTENTION TO ESTABLISH
COMMUNITY FACILITIES DISTRICT NO. 2022 -1
(SERVICES) OF THE CITY OF WILDOMAR, TO

AUTHORIZE THE LEVY OF A SPECIAL TAX ON

PROPERTY WITHIN THE DISTRICT TO PAY THE COSTS

OF PROVIDING CERTAIN PUBLIC SERVICES
WHEREAS, the City of Wildomar (the “City”) has a received petition signed by the owner of more than ten percent of the land within the boundaries of territory which is proposed for inclusion in a proposed community facilities district, which petition meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California; and
WHEREAS, the City Council of the City (the “City Council”) desires to adopt this resolution of intention as provided in Section 53321 of the Government Code of the State of California to establish a community facilities district consisting of the territory described in Attachment “A” hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as “Community Facilities District No. 2022-1 (Services) of the City of Wildomar” (“Community Facilities District No. 2022- 1” or the “District”) pursuant to the Mello- Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the “Act”) to (1) finance the services described in Attachment “B” hereto and incorporated herein by this reference (the “Services”), and (2) finance the expenses to be incurred in connection with forming and administering the District and financing the Services as described in the rate and method of apportionment and manner of collection of the special taxes attached hereto as Attachment “C” (the “Administrative Expenses”); and WHEREAS, the City Council fur ther intends to approve an estimate of the costs of the Services and the Administrative Expenses for Community Facilities District No. 2022-1; and
WHEREAS, it is the intention of the City Council to consider financing the Services and the Administrative Expenses through the formation of Community Facilities District No. 2022-1 and the levy of special taxes to pay for such Services and Administrative Expenses; and

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

Section 1. The above recitals are true and correct.

Section 2. A community facilities district is proposed to be established under the terms of the Act. It is further proposed that the boundaries of the community facilities district shall be the legal boundaries as depicted and described in Attachment “A” hereto, which boundaries shall, upon recordation of the boundary map for the District, include the

entirety of any parcel subject to taxation by the District, and as depicted on the map of the proposed Community Facilities District No. 2022-1 which is on file with the Clerk of the Board. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with the Asses sor-County Clerk - Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.

Section 3. The name of the proposed community facilities district shall be “Community Facilities District No. 2022-1 (Services) of the City of Wildomar.” Section 4. T he Services proposed to be provided for the benefit of Community Facilities District No. 2022 -1 are public services as defined in the Act, and thi s City Council finds and determines that the Services to be financed are in addition to those provided in the territory of the District at the present time and do not supplant services already available within the territory of the District at the present t ime. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the proposed District to understand what the funds of the District may be used to finance. The Administrat ive Expenses expected to be incurred are described in the rate and method of apportionment and manner of collection of the special taxes attached hereto as Attachment “C.” Section 5. E
xcept where funds are otherwise available, it is the intention of the Ci ty Council to levy annually in accordance with the procedures contained in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for the Services and the Administr ative Expenses. The rate and method of apportionment and manner of collection of the special taxes are described in detail in Attachment “C” attached hereto (the “Rate and Method”), which Attachment “C” is incorporated herein by this reference.

Attachment “C” al lows each landowner within the District to estimate the maximum amount that may be levied against each parcel.

Each of the special taxes for Services as set forth in the Rate and Method may be increased to the extent permitted in the Rate and Method. The special tax for Services may be levied for such period as the Services are needed, as further described in Attachment “C” hereto, provided that under no circumstances will such special tax be increased with respect to residential property as a cons equence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent.

The special taxes are based on the expected demand that each parcel of real property within proposed Community Facilities District No. 2022- 1 will place on the Services.

The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the existing services in the City as a result of the development of the land proposed f or inclusion in the District. The City Council hereby determines the Rate and Method set forth in Attachment “C” to be reasonable. The special tax is apportioned to each parcel on the foregoing basis

pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon the value or ownership of real property.

Section 6. A public hearing (the “Hearing”) on the establishment of the proposed Community Facilities District No. 2022-1, the proposed Rate and Method to finance the Services and the Administrative Expenses shall be held at 7:00 p.m., or as soon thereafter as practicable, on June 8, 2022, at the City Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California 92595. Should the City Council determine to form the Dist rict, a sp ecial election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326.

If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the proposed District. Ballots for the special election may be distributed by mail or by personal service.

Section 7. T
he City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act.

Section 8. A t the time and place set forth above for the Hearing, any i nterested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2022-1, may appear and be heard.

Section 9. E
ach City officer who is or will be responsible for administering the proposed Community Facilities District No. 2022-1, if it is established, is hereby directed to study the proposed District and, at or before the time of the above- mentioned Hearing, file a report with the City Council containing a brief description of services by type which will in his or her opinion be required to meet adequately the needs of Community Facilities District No. 2022 -1 and an estimate of the cost of providing those services, and an estimate of the fair and reasonable cost of Administrative Expenses to be incurred.

Secti
on 10 . The District may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2022-1. The District may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost , whichever is less, of the work-in-kind, as determined by the City Council, with or without interest.

Section 11. T
he City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2022-1.

The City Clerk is further directed to mail a copy of the Notice to each landowner within the boundaries of the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a

description of the protest rights of the registered voters and land owners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

Section 12. This Resolution shall be effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 13th day of April, 2022.

Ben J. Benoit
Mayor

APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk

A-1

ATTACHMENT A

BOUNDARY MAP

A-2
The property in the District is described as follows:

Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

Assessor Parcel Number: 380-250-049

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ATTACHMENT B
Types of Services
to be Financed by
Community Facilities District No. 2022-1
(Services) of the City of Wildomar
The services which may be financed with proceeds of the special tax of CFD No. 2022-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing , cleaning, repairing and/or replacing landscap ed areas (may include reserves for replacement) in public street right -of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. In addition, the services which may include some or all costs at tributable to police protection, and fire services. These services including the following:

(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting servic es may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetati on situated on or adjacent to parks, parkways, streets, r oads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, r oads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water quality improvements which include storm drainage and flood protection faci lities, inc luding, without limitation, drainage inlets, c atch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion rep airs; and cleanup to improvements, and other i tems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and

(c) public street sweeping, on the segments of the arter ials within the boundaries of CFD No. 2022- 1; as well as l ocal roads within residential subdivisions located within CFD No. 2022- 1; and any portions adjacent to the properties within CFD No. 2022-1; and

(d) police protection services, including but not li mited to cr iminal justice services, and fire protection and suppression services.

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In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above ser vices shall be limited to those provided within the boundaries of CFD No. 2022 -1 or for the benefit of the properties within the boundaries of CFD No. 2022-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2022- 1 only to the extent that they are in addition to those provided in the territory of CFD No. 2022- 1 before CFD No. 2022-1 was created.

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ATTACHMENT C

RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

OF THE CITY OF WILDOMAR
Special Taxes (defined below) shall be levied on and collected from each Assessor ’s Parcel (defined below) in Community Facilities District No. 2022-1 (Services) of the City of Wildomar (the “CFD No. 2022 -1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2022, in an amount determined by the City Council of the City of W ildomar, acting ex officio as the legislative body of CFD No. 2022-1, by applying the rates and method of apportionment set forth below. All of the real property in CFD No. 2022 -1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family R esidential Property with a stand-alone Residential Unit.
“Acre” or “Acreage” means the land ar ea of an Assessor ’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor ’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2022 -1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection sched ules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2022 -1, or any designee thereof associated with fulfilling the CFD No. 2022- 1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022- 1 or any designee thereof related to an appeal of the Special Tax; and the City ’s annual administration fees and third party expenses. A dministrative Expenses shall also include amounts estimated or a dvanced by the City or CFD No. 2022 -1 for any other administrative purposes of CFD No. 2022- 1, including attorney ’s fees and other costs related to commencing and pursuing to completion any f oreclosure of delinquent Special Taxes.
“Administrator” means th e City Manager of the City of Wildomar, or his or her designee.
“Approved Property ” means all Assessor ’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 of preceding the Fiscal Year in which the Special T ax is being levied and for which no building permit for new

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construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside. “Assessor’s Parcel Map ” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
“Building Permit” means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator
“Building Square Footage ” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non- Residential Property and an y Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2022-1” means Community Facilities District No. 2022-1 (Services) of the City of Wildomar.
“City” means the City of Wildomar.
“Contingent Services” means services permitted under the Mello -Roos Community Facilities Act of 1 982 including, without limitation, those services authorized to be funded by CFD No. 2022-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determinat ion pursuant to Section C(3) that a Property Owner s’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property ” means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded pr ior to the January 1
st preceding the Fiscal Year in which the
Special Tax is being levied, and (ii) have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building P ermit for new construct ion was issued on or before May 1 st preceding
the Fiscal Year in which the Special Tax is being levied.

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“Exempt Property ” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 6624 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June 30th.
“Land Use Category ” or “LUC” means, any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor ’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means the Maximum Special Tax A , Maximum Special Tax B, and/or Maximum Special Tax C (Contingent), as applicable. “Maximum Special Tax A ” means the Maximum Speci al Tax A, as determined in accordance with Sec tion C, below, that can be levied in any Fiscal Year on any Assessor’s Parcel within CFD No. 2022-1.
“Maximum Special Tax B ” means the Maximum Special Tax B, as determined in accordance with Section C, below, t hat can be levied in any Fiscal Year on any Assessor’s Parcel within CFD No. 2022-1.
“Maximum Special Tax C (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax C (Contingent) , as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year. “Multi-Family Residential Property ” or “MFR” means any Assessor ’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the g eneral public and under common management.
“Non-Residential Property” or “NR” means, all Assessor ’s Parcels of Taxable Property for which a building permit(s) was issued for a non- residential use. The Administrator shall make the determination if an Assess or’s Parcel is Non -Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain services within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual

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Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“Residential Unit” or “RU” means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. An Accessory Dwelling Unit that shares an Assessor’ s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “RMA” means this Rate and Method of Apportionment of Special Taxes. “Service(s)” means services permitted under the Mello- Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022-1 as set forth in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
“Special Tax(es)” means the Special Tax A and/or Special Tax B and/or Special Tax C (Contingent) to be levied in each Fiscal Year on each Assessor ’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.

“Special Tax A Requirement” means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022-1 in the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighti ng of parks, parkways, streets, roads, and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administ rative Expenses. Under no circumstances shall t he Special Tax A Requirement include funds for bonds or other forms of indebtedness.
“Special Tax B” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax B Requirement. “Special Tax B Requirement” means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022-1 in the next Fiscal

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Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection and suppression services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expe nses.

Under no circumstances shall the Special Tax B Requirement include funds for b onds or other forms of indebtedness.
“Special Tax C (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor ’s Parcel of Taxable Propert y to fund the Special Tax C (Contingent) Requirement, if required.
“Special Tax C (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year ; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax C (Contingent) levy as determined by the Administrator . Under no circumstances shall the Special Tax C (Contingent) Requirement include funds for bonds or other forms of indebtedness.
“Taxable Property” means all Assessor ’s Parcels within CFD No. 2022- 1, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. “Tax Zone ” means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax.
“Tax Zone Original” means the geographic area th e specific area identified on the CFD Boundary Map as Tax Zone Original.
“Tract(s)” means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property ” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2022-1 shall be classified as Developed Property, A pproved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor ’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property.

Residential Property shall be further classified as Single Family Residenti al Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.

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C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor ’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor ’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor’s Parcel, the Administrator shall determine the actual number of Residential Units contained within the buil ding or buildings, and the Special Tax A and Special Tax C (Contingent) levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Asses sor’s Parcels of Developed Property and Approved Property which are classified as Non- Residential Property , all such Assessor ’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor ’s Parcels, the Special Tax A, Special Tax B, and Special Tax C (Contingent) levied against the As sessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor ’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, Appendix A to this RMA shall be updated to r eflect the Maximum Special Tax A for Developed Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Developed Property for such Tract or Tracts as specified in such updated Appendix A for the an nexed property which shall reflect the Maximum Special Tax for the Tract or Tracts annexed. The Maximum Special Tax A for Fiscal Year 2022- 2023 for a Residential Unit of Developed Property within the Tax Zone Original are identified in Table 1 below:

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TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
Original TR 36672
Single Family Residential
Property RU $408
Multi-Family Residential
Property RU $408
Non-Residential Property Acre $5,267

(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the C onsumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor ’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax A t hat can be levied for each Land Use Category located on that Assessor ’s Parcel. For an Assessor’s Parcel that contains more than one land use, the Acreage of such Assessor’s Parcel shall be allocated to each t ype of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor ’s Parcel. The Administrator ’s allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor ’s Parcel of Approved Property in Table 2 is specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022 -1, the Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax A for Approved Property for th e Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Approved Property for such Tract or Tracts as specified in such updated Appendix A . The Maximum Special Tax A for Fiscal Year 2022- 2023 per Residential Unit for Approved Property within Tax Zone Original is identified in Table 2 below:

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TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
Original TR 36672
Single Family Residential
Property RU $408
Multi-Family Residential
Property RU $408
Non-Residential Property Acre $5,267

On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Approved Property shall increas e by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the precedin g Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor ’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022 -1, Appendix A to this rate and method adopted shall be updated to reflect the Maximum Special Tax A for Undeveloped Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Undeveloped Property for such Tract o r Tracts as specified in such updated Appendix A. The Maximum Special Tax A for Fiscal Year 2022-2023 per acre of Undeveloped Property within Tax Zone Original is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax Zone
Tracts Taxable Unit
Maximum Special Tax
A
Original TR 36672 Acre $5,267

On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Un developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.

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2. Special Tax B
The Special Tax B is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax B Requirement.
a. Developed Property
(i) Maximum Special Tax B
The Maximum Special Tax B for Fiscal Year 2022-2023 for each Land Use Category within Tax Zone Original is shown in Table 4. When additional property is annexed into CFD No. 2022 -1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax B for the Tract or Tracts ann exed and the Special Tax B shall be levied up to the Maximum Special Tax B for Developed Property for such Tract or Tracts as specified in such updated Appendix A.

TABLE 4

MAXIMUM SPECIAL TAX B RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Land Use Category Unit Maximum Special Tax
B
Single Family Residential Property RU $430
Multi-Family Residential Property RU $305

On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax B for Developed Property shall inc rease by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the prec eding Fiscal Year, not to exceed 6%, or ii) by five percent (5.0%), whichever is greater.

The Special Tax B shall not be levied on Approved or Undeveloped Property.

3. Special Tax C (Contingent)
The City Council shall levy Special Tax C (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the

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City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax C (Contingent)
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Taxa ble Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, Appendix A to this rate and method shall be updated to reflect Maximum Special Tax C (Contingent) for t he Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Developed Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022-2023 within Tax Zone Original is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax C
(Contingent)
Original TR 36672
Single Family Residential
Property RU $261
Multi-Family Residential
Property RU $261
Non-Residential Property Acre $3,372

(ii) Increase in the Maximum Special Tax C (Contingent) On each July 1, commencing on July 1, 2023 with respect t o Tax Zone Original, the Maximum Special Tax C (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside- San Bernardi no-Ontario California Standard Metropolitan Statistical A rea since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category l ocated on that Assessor’s Parcel. For an Asse ssor’s Parc el that contains more than one land use, the Acreage of such Assessor ’s Parcel shall be allocated to each type of

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property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor’s Parcel. The Administrator’s allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax C (Contingent) for each Assessor ’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Spec ial Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022- 2023 within Tax Zone Or iginal is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

APPROVED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax C
(Contingent)
Original TR 36299
Single Family Residential
Property RU $261
Multi-Family Residential Property RU $261
Non-Residential Property Acre $3,372

On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside- San Bernardino- Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax C (Contingent) for each Assessor ’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022 -1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Undeveloped Property for suc h Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022- 2023 within Tax Zone Original is identified in Table 7 below:

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TABLE 7

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

UNDEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax Zone Tract Taxable Unit
Maximum Special
Tax C (Contingent)
Original TR 36299 Acre $3,372

On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Undeveloped Property shall increase by i) the percentage increase i n the Consumer Price Index for all Urban Consumers for the Riverside- San Bernardino- Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2022- 2023 and for each following Fiscal Year in which Special Tax A is authorized to be levied, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor ’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement. The Special Tax A shall be levied for each Fiscal Year within each Tax Zone as follows:

First: The Special Tax A shall be levied Proportionately on all Ass essor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional m
oneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third:

If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps h as been completed, the Special Tax A shall be levied Proportionately on all Assessor ’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B
Commencing with Fiscal Year 2022- 2023 and for each following Fiscal Year, the Council shall determine the Special Tax B Requirement and shall levy the Special Tax B until the aggregate amount of Special Tax B equals the Special Tax B Requirement.

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The S pecial Tax B shall be levied Proportionately on all Assess or’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement.

3. Special Tax C (Contingent)
Commencing with the first Fiscal Year in which Special Tax C (Contingent) is authorized to be levi ed and for each following Fiscal Year, the City Council shall determine the Special Tax C (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax C (Contingent) equals the Special Tax C (Contingent) Requirement for such Tax Zone. The Special Tax C (Contingent) shall be levied for each Fiscal Year as follows:

First: The S pecial Tax C (C ontingent) shall be levied P roportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax C (Contingent) to satisfy the Special Tax C (Contingent) Requirement; Second: If additional money s are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax C (Contingent) for Approved Property; Third: I
f additional monies are needed to satisfy the Special Tax C (Contingent) Requirement after the first two steps has been completed, the Special Tax C (Contingent) shall be levied Proportionately on all Assessor ’s Pa rcels of Undeveloped Property up to 100% of the Maximum Special Tax C (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2022 -1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be as signed to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed.

F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.

G. EXEMPTIONS
The City shall classify as Exe mpt Property within CFD No. 2022 -1, any Assess or’s Parcel in any of the following categories; (i) Assessor ’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor ’s Parcels wi th public or utility easements making impracti cal their

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utilization for other than the purposes set forth in the easement; (iii) Assessor ’s Parcels which are privately owned but are encumbered by or restricted solely for publi c uses; or (iv) any Assessor ’s Parcel which is in use in the performance of a public function as determined by the Administrator. No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2022 -1, is an Exempt Property.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax(es) that is disput ed. A representative(s) of CFD No. 2022-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’ s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

I. MANNER OF COLLECTION
The Special Tax(es) shal l be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022 -1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

APPENDIX A

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(SERVICES)

TAX ZONE ORIGINAL
FY 2022-2023 MAXIMUM SPECIAL TAX RATES
Taxable
Property
Land Use
Category
Taxable
Unit
Maximum
Special Tax
A
Maximum
Special Tax B
Maximum
Special Tax C
(Contingent)
Developed
Property
Single Family
Residential RU $408 $430 $261
Approved Property
Single Family
Residential RU $408 N/A $261
Undeveloped
Property N/A Acre $5,267 N/A $3,372

MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE

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FOR DEVELOPED PROPERTY
Tax
Zone
Fiscal
Year
Includ
ed Tract
No. of
Taxab
le
Units
LU
C
Taxab
le
Unit
Maximu
m
Special
Tax A
Maximu
m
Special
Tax B
Maximum
Special Tax
C
(Contingen
t) Subdivider
Origin
al
2022-
23 TR
36299 136
SF
R RU $408 $430 $261 Lennar Homes

ESCALATION OF MAXIMUM SPECIAL TAXES
Maximum Special Tax A - On each July 1, the Maximum Special Tax A for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino- Ontario Califor nia Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.

Maximum Special Tax B - On each July 1, the Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside- San Bernardino- Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding F iscal Year, not to exceed 6%, or ii) by five percent (5.0%), whichever is greater.

Maximum Special Tax C (Contingent) - On each July 1, the Maximum Special Tax C (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.

4869
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7289
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0001

PETITION TO THE

CITY COUNCIL

OF THE

CITY OF

WILDOMAR

REQUESTING INSTITUTION OF PROCEEDINGS

FOR ESTABLISHMENT OF A COMMUNITY FACILITIES
DISTRICT (COMMUNITY FACILITIES DISTRICT NO.
2022
-
1 (

SERVICES
)

OF THE

CITY OF

WILDOMAR
)

1. The undersigned (the “Owner”) i
s the owner of more than 10% of the land
depicted in Exhibit A hereto and described in Exhibit B hereto (the “Property”), which land is expected to be all of the land included within the boundaries of a community facilities district hereby proposed to be e
stablished. The Property is located within the
City of
Wildomar

(the
“City”) in
the County of Riverside
.

2. The Owner requests that the
City Council

of the
City
(the “
City Council
”) institute
proceedings to establish a community facilities district to be known as “Community Facilities
District No.
2022
-
1 (
Services
)

of the
City of
Wildomar
” (referred to herein as the “District”)
pursuant to Chapter 2.5 (commencing with Section 53311), Part

1, Division 2, Title 5, of the
Government Code of the State of Calif
ornia, commonly known as the “Mello
-
Roos Co
mmunity
Facilities Act of 1982” (the “Act”)

to include all of the Property.

3. The boundaries of the territory which is proposed for inclusion in the District are those depicted in Exhibit A hereto and described i
n Exhibit B hereto.

4. The Owner requests that the proposed District be used to finance the services
described in Exhibit C hereto (the “Services”) and the expenses to be incurred in connection with forming and administering the District and financing the Services (the “
Administrative

Expenses”).

5 .

The Owner further requests that the
City Council

authorize the levy of special
taxes in the District to pay the costs of the
Services and
Administrative Expenses
.

Dated:

February 18
, 2022

CAL HEARTHSTONE LOT OP
TION POOL 01, L.P.,

a Delaware limited partnership

By:

Cal Hearthstone PBLO GP, LLC,

a Delaware limited liability company,

its General Partner

By:

Cal Hearthstone Public Builder Lot Option, LLC,

a Delaware limited liability company,

its Sole Membe
r

By:

Hearthstone Professionals
–

CS, L.P.,

a Delaware limited partnership,

its Member Manager

By: ______________________

Steven C. Porath

Authorized Person

A
-
1 4869
-
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-
0001

EXHIBIT A

BOUNDARY MAP

B
-
1 4869
-
7289
-
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-
0001

EXHIBIT B

LEGAL DESCRIPTION

Real property in
the City of
Wildomar
, County of Riverside, State of California, described as follows:

Assessor Parcel Number: 380
-
250
-
049

C
-
1 4869
-
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-
0001

EXHIBIT
C

Types of Services

to be Financed by

Community Facilities District No.
2022
-
1 (Services) of the City of Wildomar

The
services which may be financed with proceeds of the special tax of CFD No. 2022
-
1 , as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include re serves for
replacement) in public street right
-
of
-
ways, public landscaping, public open spaces and other
similar landscaped areas officially dedicated for public use. In addition, the services which may include some or all costs attributable to police prot
ection, and fire services. These services
including the following:

(a)

maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to s
treet lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; main tenance and
repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation

program equipment or facilities
situated on any park; and

(b)

maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infil
tration basins, flood control channels, fossil fuel filters, and similar facilities.

Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters with in the public right
-
of
-
way
including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the ma
intenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and

(c)

public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2022
-
1 ; as well as local roads within reside
ntial subdivisions located within CFD No.
2022
-
1 ; and any portions adjacent to the properties within CFD No. 2022
-
1 ; and

(d)

police protection services, including but not limited to criminal justice services, and fire protection and suppression services.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services shall be limited to

those provided within the boundaries of CFD No.
2022
-
1 or for the benefit of the properties within the boundaries of CFD No. 2022
-
1 , as the
boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of

the special tax of CFD No.
2022
-
1 only to the extent that they are in

C
-
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7289
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0001

addition to those provided in the territory of CFD No.
2022
-
1 before CFD No.
2022
-
1 was
created.

CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #1.13

CONSENT CALENDAR
Meeting Date: April 13, 2022
________________________________________________________________ T
O: Mayor and City Council Members
F
ROM: Dan York, City Manager
S
UBJECT: Establishment of Commun ity Facilities District No. 2022 -2 (Horizon Place)
S

TAFF REPORT
RE
COMMENDATION:

Staff recommends that the City Council adopt the following Resolutions:

R
ESOLUTION NO. 2022 -__

RESOLUTION OF INTENTION OF THE CITY COUNCIL O F THE CITY OF WILDOMAR TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2022 -2 (HORIZON PLACE) OF THE CITY OF WILDOMAR, TO AUTHORIZE THE LEVY

OF A SPECIAL TAX TO PAY THE COSTS OF ACQUIRING OR CONSTRUCTING

CERTAIN FACILITIES AND TO PAY DEBT SERVICE ON BONDED

INDEBTEDNESS
And
R
ESOLUTION NO. 2022 -__

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF THE

CITY OF WILDOMAR TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $10,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-2 (HORIZON PLACE) OF THE CITY OF WILDOMAR BACKG
ROUND:

CAL Hearthstone Lot Option Pool 01, L.P., as the land banking entity of Lennar Homes (the “Developer”), owns 20 gross acres of property in the City which is proposed to be developed into 136 single family residential homes. Such property is generally located on the southwestern corner of Elizabeth Lane and Bunny Trail.

The Developer has requested that the City form a community facilities district (“CFD No. 2022-2” or the “District”) to encompass such property in accordance with the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”) , to finance the costs of certain public improvements through the levy of a special tax and the issuance of bonds. The maximum amount of bonded indebtedness proposed is $10 million.

The Developer has requested that the boundaries of CFD No. 2022-2 include the area described in Attachment A of the Resolution of Intention to Establish CFD No. 2022-2 presented at this meeting (the “Resolution of Intention”), and that special taxes be levied within the boundaries of the District in accordance with the Rate

and Method of Apportionm ent ( the “ RMA”) described in Attachment C to the Resolution of Intention. The Resolution of Intention is the first step in the process of forming CFD No. 2022-2. The attached Resolutions declare the City’s intention to establish CFD No. 2022-2, its intention to incur bonded indebtedness by CFD No. 2022-2, and calls for a public hearing. A public hearing on the matter will take place on June 8, 2022, and at that time the Council will formally consider approval to form CFD No. 2022-2, and hold elections on the approval of the special taxes and the need to incur bonded indebtedness within CFD No. 2022-2.

FISCAL IMPACT
The Developer has made a deposit to pay for the costs of the formation proceedings which may be reimbursed to the Developer in accordance with a reimbursement agreement with the Developer . If established and subject to necessary Council and voter approvals, CFD No. 2022-2 will annually levy special taxes on all of the taxable property within the District in accordance with the RMA (as attached to the Resolution of Intention). Such special taxes will be used to pay for the costs of facilities, debt service on bonds and administration of CFD No. 2022-2. Any bonds issued by CFD No. 2022- 2 are not obligations of the City and will be secured solely by the special taxes levied within CFD No. 2022-2.

The RMA provides that the annual special tax rates will range from $ 2,963 for home sizes less than 1,400 square feet to $3, 300 for home sizes greater than 1,600 square feet, which rates escalate at 2% per year.

Submitted and Approved by
Dan York
City Manager

ATTACHMENTS:

1. Resolution of Intention to Establish CFD 2022-2

2. Resolution of Intention to Incur Debt

3. Landowner Petition

4. Reimbursement Agreement

RESOLUTION NO. 2022-___

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF

THE CITY OF WILDOMAR TO ESTABLISH COMMUNITY
FACILITIES DISTRICT NO. 2022 -2 (HORIZON PLACE) OF

THE CITY OF WILDOMAR, TO AUTHORIZE THE LEVY OF

A SPECIAL TAX TO PAY THE COSTS OF ACQUIRING OR

CONSTRUCTING CERTAIN FACILITIES AND TO PAY

DEBT SERVICE ON BONDED INDEBTEDNESS
WHEREAS, the City of Wildomar (the “City”) received a petition signed by the owner of more than ten percent of the land within the boundaries of the territory which is proposed for inclusion in a proposed community facilities district, which petition meets the requirements of Sections 53318 and 53319 of the Government Code of the State of California; and
WHEREAS, the City Council of the City (the “City Council”) desires to adopt this resolution of intention as provided in Section 53321 of the Government Code of the State of California to establish a community facilities district consisting of the territory described in Attachment “A” hereto and incorporated herein by this reference, which the City Council hereby determines shall be known as “Community Facilities District No. 2022-2 (Horizon Place) of the City of Wildomar” (“Community Facilities District No. 2022-2” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code (the “Act”) to finance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of certain real or other tangible property described in Attachment “B” hereto and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the “Facilities”), which Facilities have a useful life of five years or longer, and (2) the incidental expenses to be incurred in connection with financing the Facilities and forming and administering the District (the “Incidental Expenses”); and WHEREAS, the City Council further intends to approve an estimate of the costs of the Facilities and the Incidental Expenses for Community Facilities District No. 2022-2; and WHEREAS, it is the intention of the City Council to consider financing the Facilities and the Incidental Expenses through the formation of Community Facilities District No. 2022- 2 and the issuance of bonded indebtedness in an amount not to exceed $10,000,000 with respect to the Facilities and the Incidental Expenses and the levy of a special tax to pay for the Facilities and the Incidental Expenses (the “Special Tax”) and to pay debt service on the bonded indebtedness, provided that the bond sale and such Special Tax levy are approved at an election to be held within the boundaries of Community Facilities District No. 2022-2;
WHEREAS, the City desires to enter into a reimbursement agreement with Lennar Homes of California, LLC, a California limited liability company (the “Developer”), the form of which is on file with the City Clerk (the “Reimbursement Agreement”), to provide for the 2 4855-5173-9913v5/200945-0001
reimbursement of certain amounts advanced by the Developer in connection with the formation of the District;
WHEREAS, the District and the Developer propose to enter into joint community facilities agreements (the “JCFAs”) with each of Elsinore Valley Municipal Water District (the “Water District”) and Lake Elsinore Unified School District (the “School District”) relating to certain facilities proposed to be financed by the District and owned and operated by the Water District and the School District, as applicable, and the District expects to enter into the JCFAs prior to the approval of the issuance of bonds pursuant to the Act.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. A community facilities district is proposed to be established under the terms of the Act. It is further proposed that the boundaries of the community facilities district shall be the legal boundaries as described in Attachment “A” hereto, which boundaries shall, upon recordation of the boundary map for the District, include the entirety of any parcel subject to taxation by the District, and as depicted on the map of the proposed Community Facilities District No. 2022 -2 which is on file with the City Clerk. The City Clerk is hereby directed to sign the original map of the District and record it with all proper endorsements thereon with the Assessor -County Clerk -Recorder of the County of Riverside within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.

Section 3. T
he name of the proposed community facilities district shall be “Community Facilities District No. 2022-2 (Horizon Place) of the City of Wildomar.” Section 4. T he Facilities proposed to be provided within Community Facilities District No. 2022-2 are public facilities as defined in the Act, which the City, the Water District, with respect to certain water and sewer facilities, and the School District, with respect to certain school facilities, are authorized by law to construct, acquire, own and operate.

The City Council hereby finds and determines that the description of the Facilities herein is sufficiently informative to allow taxpayers within the proposed District to understand what the funds of the District may be used to finance. The Incidental Expenses expected to be incurred include the cost of planning and designing the Facilities, the costs of forming the District, issuing bonds and levying and collecting the Special Tax within the proposed District. The Facilities may be acquired from one or more of the property owners within the District as completed public improvements or may be constructed from bond or Special Tax proceeds.

All or a portion of the Facilities may be purchased with District funds as completed public facilities pursuant to Section 53314.9 or as discrete portions or phases pursuant to Section 53313.51 of the Act and/or constructed with District funds pursuant to Section 53316.2 of the Act. Any portion of the Facilities may be financed through a lease or lease- 3 4855-5173-9913v5/200945-0001
purchase arrangement if the District hereafter determines that such arrangement is of benefit to the District.

Section 5. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act the Special Tax, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for: (i) the Facilities and Incidental Expenses; and (ii) the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Incidental Expenses, including the establishment and replenishment of any reserve funds deemed necessary by the District, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash). The rate and method of apportionment and manner of collection of the Special Tax are described i n detail in Attachment “C” attached hereto, which Attachment “C” is incorporated herein by this reference. Attachment “C” allows each landowner within the District to estimate the maximum amount of the Special Tax that may be levied against each parcel. In the first year in which such Special Tax is levied, the levy shall include an amount sufficient to repay to the District all amounts, if any, transferred to the District pursuant to Section 53314 of the Act and interest thereon.

If the Special Tax is levied against any parcel used for private residential purposes, (i) the maximum Special Tax rate shall be specified as a dollar amount which shall be calculated and established not later than the date on which the parcel is first subject to the Special Tax because of its use for private residential purposes and shall not be increased over time, except as set forth in Attachment “C” hereto, (ii) such Special Tax not shall be levied after fiscal year 2062 -63, as described in Attachment “C” hereto, and (iii) under no circumstances will the Special Tax levied in any fiscal year against any such parcel used for private residential uses be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the District by more than ten percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults.

The Special Tax is based on the expected demand that each parcel of real property within proposed Community Facilities District No. 2022-2 will place on the Facilities and on the benefit that each parcel derives from the right to access the Facilities. The City Council hereby determines that the proposed Facilities are necessary to meet the increased demand placed upon the City and the existing infrastructure in the City as a result of the development of the land proposed for inclusion in the District. The City Council hereby determines the rate and method of apportionment of the special tax with respect t o the Special Tax set forth in Attachment “C” to be reasonable. The Special Tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special tax is not on or based upon the value or ownership of real property. In the event that a portion of the property within Community Facilities District No. 2022-2 shall become for any reason exempt, wholly or partially, from the levy of the Special Tax specified on Attachment “C,” the City Council shall, on behalf of Comm unity Facilities District No. 2022-2, cause the levy to be increased, subject to the limitation of the maximum Special Tax for a parcel as set forth in Attachment “C,” to the extent necessary upon the remaining 4 4855-5173-9913v5/200945-0001
property within proposed Community Facilities District No. 2022-2 which is not exempt in order to yield the Special Tax revenues required for the purposes described in this Section

5. The obligation to pay the Special Tax may be prepaid only as set forth in Section G of Attachment “C” hereto.

Section 6. A public hearing (the “Hearing”) on the establishment of the proposed Community Facilities District No. 2022-2, the proposed rate and method of apportionment of the Special Tax and the proposed issuance of bonds to finance the Facilities and the Incidental Expenses shall be held at 6:00 p.m., or as soon thereafter as practicable, on June 8, 2022, at the City Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California 92595. Should the City Council determine to form the District, a special election will be held to authorize the issuance of the bonds and the levy of the Special Tax in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within the District at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the proposed District. Ballots for the special election may be distributed by mail or by personal service.

Section 7. A
t the time and place set forth above for the Hearing, the City Council will receive testimony as to whether the proposed Community Facilities District No. 2022- 2 shall be established and as to the method of apportionment of the special tax and shall consider:
(a) if an ad valorem property tax is currently being levied on property within proposed Community Facilities District No. 2022-2 for the exclusive purpose of paying principal of or interest on bonds, lease payments or other indebtedness incurred to finance construction of capital facilities; and
(b) if the capital facilities to be financed and constructed by Community Facilities District No. 2022-2 will provide the same services as were provided by the capital facilities mentioned in subsection (a); and
(c) if the City Council makes the findings specified in subsections (a) and (b) above, it will consider appropriate action to determine whether the total annual amount of ad valorem property tax revenue due from parcels within Community Facilities District No. 2022-2, for purposes of paying principal and interest on the debt identified in subsection (a) above, shall not be increased after the date on which Community Facilities District No. 2022-2 is established, or after a later date determined by the City Council with the concurrence of the legislative body which levied the property tax in question.

Section 8. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within proposed Community Facilities District No. 2022-2, may appear and be heard.

Section 9. E
ach City officer who is or will be responsible for providing the Facilities within proposed Community Facilities District No. 2022 -2, if it is established, is hereby 5 4855-5173-9913v5/200945-0001
directed to study the proposed District and, at or before the time of the above-mentioned Hearing, file a report with the City Council containing a brief description of the public facilities by type which will in his or her opinion be required to meet adequately the needs of Community Facilities District No. 2022-2 and an estimate of the cost of providing those public facilities, including the cost of environmental evaluations of such facilities and an estimate of the fair and reasonable cost of any Incidental Expenses to be incurred.

Section 10. The District may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2022-2. The District may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in- kind, as determined by the City Council, with or without interest.

Section 11. T
he City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of proposed Community Facilities District No. 2022- 2.

The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of the District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing.

Section 12. T
he reasonably expected maximum principal amount of the bonded indebtedness to be incurred by the District for the Facilities and Incidental Expenses is Ten Million Dollars ($10,000,000).

Section 13. T
he form of the Reimbursement Agreement is hereby approved. The Mayor, the City Manager, the Assistant City Manager, or their written designees are hereby authorized and directed to execute and deliver the Reimbursement Agreement in the form on file with the City Clerk with such changes, insertions and omissions as may be approved by the officer or officers executing such agreement, said execution being conclusive evidence of such approval.

Section 14. Except to the extent limited in any bond resolution or trust indenture related to the issuance of bonds, the City Council hereby reserves to itself all rights and powers set forth in Section 53344.1 of the Act (relating to tenders in full or partial payment).

Section 15. T
his Resolution shall be effective upon its adoption.

PASSED, APPROVED AND ADOPTED this 13th day of April, 2022.

6 4855-5173-9913v5/200945-0001

Ben J. Benoit
Mayor

APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk

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ATTACHMENT A

BOUNDARY MAP

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The property in the District is described as follows:

Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

Assessor Parcel Number: 380-250-049

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ATTACHMENT B
Types of Facilities
to Be Financed by Community
Facilities District No. 2022-2 (Horizon Place) of the City of Wildomar The proposed types of public facilities and expenses to be financed by the District include:

The construction, purchase, modification, expansion, rehabilitation and/or improvement of (i) drainage, library, park, police, fire, roadway, traffic, administration and community center facilities, animal shelter facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Act (the “City Facilities”), (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”), and (iii) interim and permanent school facilities of Lake Elsinore Unified School District, including classrooms, multi -purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities” and together, with the City Facilities and the Water Facilities, the “Facilities”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities, and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c. Any other expenses incidental to the construction, acquisition, modification, rehabilitation, completion and inspection of the Facilities.

Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.

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ATTACHMENT C

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-2 (HORIZON PLACE)

OF THE CITY OF WILDOMAR

A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of the City of Wildomar Community Facilities District No. 2022-2 (Horizon Place) of the City of Wildomar ("CFD No. 2022 -2"). The amount of Special Tax to be levied in each Fiscal Year on an Assessor’s Parcel shall be determined by the City Council of the City of Wildomar, acting in its capacity as the legislative body of CFD No. 2022- 2, by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided.

A. DEFINITIONS

The terms hereinafter set forth have the following meanings:

“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit.

"Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560.

"Act" means the Mello- Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California.

"Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 2022- 2: the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022- 2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022- 2 and any major property owner associated with applicable federal and state securities laws and the Act; the costs associated with preparing Special Tax disclosure statements

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and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022-2 or any designee thereof related to an appeal of the Special Tax; the c osts associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022- 2 for any other administrative purposes of CFD No. 2022-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

"Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1 st preceding the Fiscal
Year in which the Special Tax is being levied, (ii) that have an assigned Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) that have not been issued a building permit on or before May 1
st preceding the Fiscal Year in which the Special Tax is being levied.

"Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.

"Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

"Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification.

"Assigned Special Tax" means the Special Tax of that name described in Section D below.

"Backup Special Tax" means the Special Tax of that name described in Section D below.

"Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long- term contracts, or any refunding thereof, to which the Special Tax of CFD No. 2022-2 has been pledged.

"Building Permit" means the first legal document issued by the City giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses.

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"Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel.

"Calendar Year" means the period commencing January 1 of any year and ending the following December 31.

"CFD” or “CFD No. 2022 -2" means Community Facilities District No. 2022 -2 (Horizon Place) of the City of Wildomar established by the City under the Act.

“CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes.

“City” means the City of Wildomar, State of California.

"City Council" means the City Council of the City of Wildomar, acting as the legislative body of CFD No. 2022-2.

“Condominium Plan" means a condominium plan purusant to California Civil Code, Section 6624.

"County" means the County of Riverside, State of California.

"Developed Property" means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1
st preceding the Fiscal Year in which the Special
Tax is being levied, (ii) have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) for which a Building Permit for new construction was issued on or before May 1 st preceding the
Fiscal Year in which the Special Tax is being levied.

"Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F.

"Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 that creates individual lots for which Building Permits may be issued without further subdivision.

"Fiscal Year" means the period commencing on July 1
st of any year and ending the
following June 30th.

“Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same.

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“Land Use Category” means any of the categories listed in Table 1 of Section D.

"Maximum Special Tax" means for each Assessor’s Parcel, the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022- 2 on such Assessor’s Parcel.

“Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as dete rmined by the CFD Administrator.

"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.

"Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2.

"Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1.

“Proportionately” means for Taxable Property that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Assigned Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property, as applicable.

"Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F.

"Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.

“RMA" means this Rate and Method of Apportionment of Special Taxes.

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“Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property.

"Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-2 pursuant to the Act to fund the Special Tax Requirement.

"Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to replenish any reserve funds established in association with the Bonds (provided that the same amount was not previously levied), (v) an amount up to any anticipated shortfall (based on the prior year’s delinquency rate) due to Special Tax delinquencies and (vi) for the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2022-2 or the payment of debt service on Bonds anticipated to be issued, provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Approved Property or Undeveloped Property as set forth in Steps Two or Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-2, which are not Exempt Property.

“Taxable Unit” means either a Residential Unit or an Acre.

“Trustee” means the trustee, fiscal agent, or paying agent under the Indenture.

"Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, or Provisional Undeveloped Property.

B. SPECIAL TAX

Commencing Fiscal Year 2022- 2023 and for each subsequent Fiscal Year, the Ci ty Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax, to fund the Special Tax Requirement.

C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX

Each Fiscal Year, beginning with Fiscal Year 2022- 2023, each Assessor’s Parcel within CFD No. 2022-2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provis ional Undeveloped Property.

Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non- Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property.

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Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage.

In the event that there are Assessor’s Parcel(s) for which one or more Building Permits for Residential Units have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to such Assessor’s Parcel(s) (in accordance with the Final Map or Condominium Plan), the amount of the Special Tax levy on such Assessor’s Parcel for each Fiscal Year shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Pr operty; (2) the amount of the Special Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amount shall be levied as Developed Property in accordance with Step 1 of Section E below; and (3) the amount of the Special Tax on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2).

D. MAXIMUM SPECIAL TAX

1. Developed Property

The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax for such Assessor’s Parcel or (ii) the Backup Special Tax.

The Maximum Special Tax for each Assessor’s Parcel of Multifamily Property and Non- Residential Property shall be the applicable Assigned Special Tax described in Table 1 of Section D.

a. Assigned Special Tax

Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non -Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax for Fiscal Year 2022- 2023 applicable to an Assessor's Parcel of Developed Property shall be determined pursuant to Table 1 below.

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TABLE 1

ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY
FISCAL YEAR 2022-2023

Land Use Category
Taxabl
e Unit
Building Square
Footage
Assigned
Special Tax
Per Taxable
Unit

1. Single Family Residential
Property RU Less than 1,400 sq. ft $2,963.00

2. Single Family Residential
Property RU
1,400 sq. ft to 1,600 sq.
ft $2,992.00

3. Single Family Residential
Property RU
Greater than 1,600 sq.
ft $3,300.00

4. Multifamily Property Acre N/A $44,644.00

5. Non-Residential Property Acre N/A $44,644.00

On each July 1, commencing July 1, 2023, the Assigned Special Tax rate for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

b. Multiple Land Use Categories

In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final.

c. Backup Special Tax

The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be $3,453 per Residential Unit.

Notwithstanding the foregoing, if all or any portion of the applicable Final Maps and/or condominium plan contained within the boundaries of CFD No. 2022-2 is subsequently changed or modified, then the Backup Special Tax for Single Family Residential Property or Approved Property in such Final Map or condominium plan area that is changed or modified shall be recalculated as follows:

1. Determine the total Backup Special Taxes anticipated to apply to the changed or modified Final Map or condominium plan area prior to the change or modification.

2. The result of paragraph 1 above shall be divided by the total number of Residential Units constructed and/or anticipated to be constructed within such changed or

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modified Final Map or condominium plan area, as reasonably determined by the CFD Administrator.

The result of paragraph 2 is the Backup Special Tax per Residential Unit which shall be applicable to Assessor’s Parcels of Single Family Residential Property or Approved Property in such changed or modified Final Map or condominium plan area contained within the boundaries of CFD No. 2022-2.

Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developed Property for which a certificate of occupancy has been granted may not be revised.

On each July 1, commencing July 1, 2023, the Backup Special Tax rate shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

2. Approved Property

The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Residential Property shall be the Backup Special Tax computed pursuant to Section D.1.c above.

The Maximum Special Tax for each Assessor’s Parcel of Approved Property not expected to be classified as Single Family Residential Property shall be $44,644 per Acre.

On each July 1, commencing July 1, 2023, the Maximum Special Tax rate for Approved Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

3. Undeveloped Property and Provisional Undeveloped Property

The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $44,644 per Acre.

On each July 1, commencing July 1, 2023, the Maximum Special Tax rate for Undeveloped Property and Provisional Undeveloped Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year.

E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

Commencing Fiscal Year 2022- 2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps:

Step One: Prior to the first issuance of Bonds, the Special Tax shall be levied at 100% of the applicable Assigned Special Tax rates on Developed Property and (ii) subsequent to the first issuance of Bonds, the Special Tax shall be levied

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Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement.

Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax levy on each Assessor's Parcel of Developed Property for which the Maximum Special Tax is the Backup Special Tax s hall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement.

Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement.

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

F. EXEMPTIONS

The City shall classify as Exempt Property, in the chronol ogical order in which they become exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Ass essor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public

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uses, (vi) Assessor’s Parcels which are classified as Non -Residential Property or (vii) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 9.47 Acres.

Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 9.47 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than

9.47 Acres will be classified as Provisional Undeveloped Property, and will be subject t o Special Tax pursuant to Step Five in Section E.

G. PREPAYMENT OF SPECIAL TAX

The following additional definitions apply to this Section G:

“CFD Facilities” means $8,000,000 expressed in 2022 dollars, which shall increase by the Construction Inflation I ndex on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the facilities under the authorized bonding program for CFD No. 2022-2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to finance additional facilities to be supported by Special Tax levied under this RMA.

“Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are available for expenditure to acquire or construct facilities eligible to be financed by CFD No. 2022-2.

“Construction Inflation Index” means the greater of (i) 2% and (ii) the annual percentage change in the Engineering News -Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year.

In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles.

“Future Facilities Costs” means the CFD Facilities minus (i) amounts deposited in the Construction Fund, (ii) amounts deposited in any escrow accounts funded by the Outstanding Bonds and anticipated to fund public facilities costs, and (iii) public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment, but in no event shall such amount be less than zero.

“Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax.

1. Prepayment in Full

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The Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Pr operty or Undeveloped Property for which a Building Permit has been issued, (iii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has not been issued and (iv) Assessor’s Parcels of Provisional Undeveloped Propert y. The Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notic e of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non- refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non- refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes.

The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Equals: Prepayment Amount
The Prepayment Amount shall be determined as of the proposed prepayment date as follows:

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.

2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property, compute the Maximum Special Tax for the Assessor’s Parcel.

3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the tota l amount of Maximum Special Taxes that could be levied assuming build out of all

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Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid.

4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Determine the Future Facilities Costs.

7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”).

8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments.

9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid.

10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount.

11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”).

12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”).

13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero.

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14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit.

15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD.

The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall r emove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in com pliance with the Act, to indicate the prepayment of Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease.

Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses.

Tenders of Bonds in prepayment of the Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case- by-case basis as specifically approved by the City Council.

2. Prepayment in Part
The Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the Partial Prepayment Amount, the provisions of Section G.1 shall be modified as provided by the following formula:

PP = ((P
E – A) x F) + A
These terms have the following meaning:

PP = Partial Prepayment Amount

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PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Special Tax obligation
A = the Administrative Fees and Expenses determined pursuant to Section G.1
The owner of an Assessor’s Parcel who desires to partially prepay the Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Special Tax obligation, (ii) the percentage of the Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Partial Prepayment Amount.

Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount.

With respect to any Assessor’s Parcel for which the Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a partial prepayment for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of the applicable Special Tax will continue to be levied on the Assessor’s Parcel pursuant to Section E.

H. TERMINATION OF SPECIAL TAX

For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax pursuant to Section E. The Special Tax shall cease not later than the 2064-2065 Fiscal Year, however, Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Taxes remain uncollected and (iv) all other obligations of CFD No. 2022-2 have been satisfied.

I. MANNER OF COLLECTION

The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

J. APPEALS OF SPECIAL TAXES

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Any taxpayer may file a written appeal of the Special Taxes levied on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error.

The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made unless approved by the CFD Administrator.

The CFD Administrator shall interpret this RMA and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified.

RESOLUTION NO. 2022-___

RESOLUTION OF INTENTION OF THE CITY COUNCIL OF

THE CITY OF THE CITY OF WILDOMAR TO INCUR

BONDED INDEBTEDNESS IN AN AMOUNT NOT TO
EXCEED $10,000,000 WITHIN PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 2022 -2 (HORIZON PLACE) OF

THE CITY OF WILDOMAR
Whereas, the City Council of the City of Wildomar (the “City Council”) upon receipt of a petition as provided in Section 53318 of the Government Code of the State of California instituted proceedings to form Community Facilities District No. 2022-2 (Horizon Place) of the City of Wildomar (“Community Facilities District No. 2022-2 ” or the “District”) pursuant to the Mello- Roos Community Facilities Act of 1982 (the “Act”), as amended, pursuant to Resolution No. 2022-___ (the “Resolution of Intention to Establish”) adopted by the City Council on the date hereof to finance (1) the purchase, construction, modification, expansion, improvement and/or rehabilitation of public facilities identified in Attachment “A” hereto and incorporated herein by t his reference, including all furnishings, equipment and supplies related thereto ( collectively, the “Facilities”) and (2) the incidental expenses to be incurred in financing the Facilities and forming and administering the District (the “Incidental Expenses”); and, Whereas, the City Council estimates that the amount required to finance the Facilities and Incidental Expenses is approximately $10,000,000; and, Whereas, in order to finance the Facilities and Incidental Expenses, the City Counc il intends to authorize the issuance of bonds in the maximum aggregate principal amount of $ 10,000,000, the repayment of which is to be secured by special taxes levied in accordance with Section 53328 of the Act on all property in the proposed Community Facilities District No. 2022-2, other than those properties exempted from taxation in the rate and method of apportionment set forth in Attachm ent “C” to the Resolution of Intention to Establish.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The above recitals are true and correct.

Section 2. It is necessary to incur bonded indebtedness within the boundaries of proposed Community Facilities District No. 2022-2 in an amount not to exceed $10,000,000 to finance the costs of the Facilities and Incidental Expenses, as permitted by the Act.

Section 3. T he indebtedness will be incurred for the purpose of financing the costs of the Facilities and the Incidental Expenses, including, but no t limited to, th e funding of reserve funds for the bonds, the financing of costs associated with the issuance of the

bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act.

Section 4. It is the int ent of the City Council to authorize the sale of bonds in one or more series, in the maximum aggregate principal amount of $10,000,000 and at a maximum interest rate not in excess of 12 percent per annum, or a higher rate not in excess of t he maximum rat e permitted by law at the time that the bonds are issued.

The term of the bonds of each series shall be determined pursuant to a resolution of this City Council acting in its capacity as the legislative body of the District authorizing the issuance of the bonds of such series, but such term shall in no event exceed 35 years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law.

Section 5. A
public hearing (the “Hearing”) on the proposed issuanc e of bonded indebtedness shall be held at 6:00 p.m. or as soon thereafter as practicable, on June 8, 2022, at the City Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California 92595.

Section 6. A t the time and place set forth in this Resolution for t he Hearing, any interested persons, including all persons owning land or registered to vote within proposed Community Facilities District No. 2022-2, may appear and be heard.

Section 7. T
he City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the proposed Community Facilities District No. 2022-

2. Such publication shall be completed at least seven days prior to the date o f the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners within the boundaries of proposed Community Facilities District No. 2022-2 at least 15 days prior to the Hearing.

PASSED, APPROVED AND ADOPTED this 13
th day of April, 2022:

Ben J. Benoit
Mayor

APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk

A-1

ATTACHMENT A
Types of Facilities
to Be Financed by Community
Facilities District No. 2022-2 (Horizon Place) of the City of Wildomar The proposed types of public facilities and expenses to be financed by the District include:

The construction, purchase, modification, expansion, rehabilitation and/or improvement of ( i) drainage, library, park, police, fire, roadway, traffic, administration and community center facilities, animal shelter facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the Act (the “City Facilities”), (ii) water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Vall ey Municipal Water District’s water and sewer capacity and connection fee programs (the “Water District Facilities”), and (iii) interim and permanent school facilities of Lake Elsinore Unified School District, including classrooms, multi - purpose facilities, administration and auxiliary space at school facilities, athletic fields, playgrounds and recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and mo bile dev ices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities” and together, with the City Facilities and the Water Facilities, the “Facili ties”), and all appurtenances and appurtenant work in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities , and to finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities; b. All costs, including costs of the property owner petitioning to form the District, associated with the creat ion of the District, the issua nce of t he bonds, the determination of the amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and c. Any other expenses incidental to the constructi on, acquisition, modification, rehabilitation, completion and inspection of the Facilities.

Capitalized terms used and not defined herein shall have the meaning set forth in the Rate and Method of Apportionment of Special Taxes for the District.

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PETITION TO THE

CITY COUNCIL

OF THE

CITY OF

WILDOMAR

REQUESTING INSTITUTION OF PROCEEDINGS

FOR ESTABLISHMENT OF A COMMUNITY FACILITIES
DISTRICT (COMMUNITY FACILITIES DISTRICT NO.
2022
-
2 (

HORIZON PLACE
)

OF THE

CITY OF

WILDOMAR
)

1. The undersigned (the “Owne
r”) is the owner of more than 10% of the land
depicted in Exhibit A hereto and described in Exhibit B hereto (the “Property”), which land is expected to be all of the land included within the boundaries of a community facilities district hereby proposed to

be established. The Property is located within the
City of
Wildomar

(the
“City”) in
the County of Riverside
.

2. The Owner requests that the
City Council

of the
City
(the “
City Council
”) institute
proceedings to establish a community facilities district t o be known as “Community Facilities
District No.
2022
-
2 (Horizon Place)

of the
City of
Wildomar
” (referred to herein as the “District”)
pursuant to Chapter 2.5 (commencing with Section 53311), Part

1, Division 2, Title 5, of the
Government Code of the Stat
e of California, commonly known as the “Mello
-
Roos Co
mmunity
Facilities Act of 1982” (the “Act”)

to include all of the Property.

3. The boundaries of the territory which is proposed for inclusion in the District are those depicted in Exhibit A hereto and d
escribed in Exhibit B hereto.

4. The Owner requests that the proposed District be used to finance the construction, purchase, modification, expansion and/or improvement of (
i) drainage, library,
park, police, fire, roadway, traffic, administration and comm unity center facilities, animal shelter
facilities, and other public facilities of the City, including the foregoing public facilities which are included in the City’s fee programs with respect to such facilities and authorized to be financed under the
Act

(the “City Facilities”), (ii)
water and sewer facilities including the acquisition of capacity in the sewer system and/or water system of the Elsinore Valley Municipal Water District which are included in Elsinore Valley Municipal Water District’s water a nd sewer capacity and
connection fee programs (the “Water District Facilities”), and (iii) interim and permanent school facilities of Lake Elsinore Unified School District, including classrooms, multi -
purpose facilities,
administration and auxiliary space
at school facilities, athletic fields, playgrounds and
recreational facilities and improvements thereto, landscaping, access roadways, drainage, sidewalks and gutters and utility lines, furniture, equipment and technology, including technology upgrades and

mobile devices and infrastructure therefore, with a useful life of at least five (5) years at such school facilities (the “School Facilities” and together, with the City Facilities and the Water Facilities, the “Facilities”), and all appurtenances and app urtenant work
in connection with the foregoing Facilities, including the cost of engineering, planning, designing, materials testing, coordination, construction staking, construction management and supervision for such Facilities
, and to finance the incide
ntal expenses to be incurred, including
:

a.

The cost of engineering, planning and designing the Facilities;

b.

All costs, including costs of the property owner petitioning to form the District, associated with the creation of the District, the issuance of the bonds, the determination of the
amount of special taxes to be levied and costs otherwise incurred in order to carry out the authorized purposes of the District; and

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c.

Any other expenses incidental to the construction, acquisition, modification, rehabi
litation, completion and inspection of the Facilities
.

5 .

The Owner further requests that the
City Council

authorize the levy of special
taxes in the District to pay the costs of the Facilities

and the incidental costs described in
paragraph 4

above

(the “
Special Tax”)
and to pay principal of, interest and premium, if any, on the bonds in order to contribute to the financing of the Facilities and costs described in paragraph 4 above.

6 .

The Owner further requests that, upon the sale of bonds, the City Counc
il
, as
legislative body
of the District, annually levy Special T
axes

on the property within the District for
the construction, acquisition and rehabilitation of the Facilities, for the payment of the aggregate amount of principal of and interest owing on t
he bonds in each fiscal year, including the
maintenance of reserves therefor, and for the payment of administrative expenses of the District.

7 .

The Owner
has

advance
d

to the
City
the amounts necessary to pay for the costs
related to the formation of the D
istrict, which amounts will be reimbursed, without interest, from the proceeds of the first sale of the bonds, if any
. The reimbursement of such amounts is
expected to be governed by the terms of that certain Reimbursement Agreement to be entered into by

and between the City and the Owner relating to the District . If bonds are not sold, the
City
will have no obligation to reimburse amounts expended for costs incurred, but will reimburse any unexpended amounts advanced by the Owner as set forth in the Rei mbursement
Agreement.

Dated:

February 18
, 2022

CAL HEARTHSTONE LOT OPTION POOL 01, L.P.,

a Delaware limited partnership

By:

Cal Hearthstone PBLO GP, LLC,

a Delaware limited liability company,

its General Partner

By:

Cal Hearthstone Public Builder Lot

Option, LLC,

a Delaware limited liability company,

its Sole Member

By:

Hearthstone Professionals
–

CS, L.P.,

a Delaware limited partnership,

its Member Manager

By: ______________________

Steven C. Porath

Authorized Person

A
-
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EXHIBIT A

BOUNDARY MAP

B
-
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EXHIBIT B

LEGAL DESCRIPTION

Real property in the City of
Wildomar
, County of Riverside, State of California, described as follows:

Assessor Parcel Number: 380
-
250
-
049

4872-9506-3305v3/200945-0001

REIMBURSEMENT AGREEMENT

RE PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2022-2
(HORIZON PLACE) OF THE CITY OF WILDOMAR

THIS REIMBURSEMENT AGREEMENT RE PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-2 (HORIZON PLACE) OF THE CITY OF WILDOMAR (the “Agreement”) dated as of March 9, 2022 is entered into by and between the City of Wildomar , a general law city organized and existing under the laws and constitution of the State of California (the “City”), and Lennar Homes of California, LLC, a California limited liability company (the “Developer”).

R E C I T A L S :

A. The Developer is developing approximately 20 acres of land described in Exhibit A attached hereto (the “Property”) for which the Developer desires to include within proposed Community Facilities District No. 2022-2 (Horizon Place) of the City of Wildomar (the “District”) to be established by the Cit y pursuant to the Mello- Roos Community Facilities Act of 1982 (Government Code Section 53311 et seq.) (the “Act”).

B. The City and the Developer are desirous of entering into this Agreement in order to provide a mechanism by which the Developer may advance certain costs related to the cost of formation of the District, and to provide that such District, if formed, will reimburse the Developer for the amounts advanced hereunder.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereto agree as follows:

1. Recitals. Each of the above recitals is incorporated herein and is true and correct.

2. P otential Formation of the District and Issuance of Bonds . (a) At the request of the Developer , the City will undertake to form the District. The City will retain, at the Developer ’s expense, the necessary consultants to analyze the proposed formation of the District and issuance of bonds, including a special tax consultant, municipal advisor, bond counsel, market absorption consultant, appraiser and other consultants deemed necessary by the City. In addition, City staff time spent in connection with the formation of the District and the issuance of bonds shall be at Developer’s expense. (b) In order to begin the process of analyzing the potential formation of the District, the Developer has advanced to the City a sum totaling $60,000. From time to time, the Developer shall make additional advances to the City within 15 days following receipt from the City of a request for an additional advance to cover the costs of forming the District and/or issuing bonds. In the event the Developer does not deliver the requested am ount to the City within such 15-day period, the City will have no obligation to proceed with the analysis or bond issue unless and until such additional advance is received. The Developer shall have the right to notify the City at any time, in writing, of its intention to abandon the formation of the District or the issuance of bonds. Upon receipt of such notice, the City shall instruct its consultants to

2 4872-9506-3305v3/200945-0001
cease work as soon as practicable. The Developer shall be responsible to pay all costs and expenses incurred by the City or any City consultant or advisor prior to the date on which the City’s consultants are notified of the Developer ’s notice of abandonment. Notwithstanding a decision of the Developer to abandon the formation of the District or the issuance of bonds, the City may, in its sole discretion, elect to proceed with formation of the District and/or the issuance of bonds with funds other than those of the Developer; provided, however, that, in executing this Agreement, the Developer shall not be deemed to have waived their right to object to the formation of the District or the issuance of bonds.
(c) The City will provide to the Developer on request a summary of how the advances have been spent and the unexpended balance remaining. The amounts advanced by the Developer will be reimbursable to the Developer , without interest, from the proceeds of bonds issued by the District when and if the District is formed. In the event that bonds are not issued to provide a source of reimbursement to the Dev eloper, the City shall have no liability to the Developer to reimburse them for any amounts previously advanced by the Developer and expended by the City in accordance with this Agreement.

3. Reimbursement Procedure. The City shall return any funds which have been advanced by the Developer which are not expended on the purposes set forth in Section 2 above. Such returned funds shall be without interest.

4. A bandonment of CFD Formation Process. The Developer understands that any formation of the District shall be in the sole discretion of the City. No provision of this Agreement shall be construed as a promise, warranty or agreement by the City to form the District or to issue any bonds. The City shall have no liability to Developer for its decision not to form the District or issue bonds.

5. I ndemnification and Hold Harmless . The Developer hereby assumes the defense of, and indemnifies and saves harmless, jointly and severally, the City and each of its officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or arising out of any acts or omissions taken by the Developer or any of the Developer’s officers, employees, contractors and agents with respect to the formation of the District.

6. No
tices . Any notice to be provided pursuant to this Agreement shall be delivered to the following addresses:

Developer Lennar Homes of California, LLC
980 Montecito Drive, Suite 302
Corona, California 92879
Attention: Paul Kim
Telephone: (951) 539-2753
City: City of Wildomar
23873 Clinton Keith Road
Wildomar, California 92595
Attn: Assistant City Manager/Public Works Director
Telephone: (951) 677-7751
Email: [email protected]

3 4872-9506-3305v3/200945-0001
With a copy to: Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
Attention: Brian Forbath, Esq.

Telephone: (949) 725-4193
Email: [email protected]
Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party.

7. Assignment. The Developer may assign its interest in this Agreement at any time provided, however, that the Developer shall provide written evidence of any assignment to the City.

8. S everability . If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent permitted by law.

9. En
tire Ag reement. This Agreement contains the entire agreement between the parties with respect to the matters provided for herein.

10. A mendments . This Agreement may be amended or modified only by written instrument signed by all parties.

11. C ounterparts . This Agreement may be executed in counterparts, each of which shall be deemed an original.

12. G overning Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.

13. No Third Party Beneficiaries. No person or entity shall be deemed to be a third party beneficiary hereof, and nothing in this Agreement (either express or implied) is intended to confer upon any person or entity, other than the City and the Developer , any rights, remedies, obligations or liabilities under or by reason of this Agreement.

14. S ingular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

15. Ter mination . This Agreement shall terminate and be of no further force and effect on December 31, 2026 unless expressly amended by the parties; provided, however, that the Developer’s obligations under Section 5 shall survive the termination and the City’s obligation to provide reimbursement in accordance with Section 3 for expenses incurred prior to the termination date shall also survive termination.

[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

S-1
4872-9506-3305v3/200945-0001
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written.

CITY OF WILDOMAR, a political subdivision of the
State of California
By:

Assistant City Manager
ATTEST:

By:

Janet Morales, City Clerk

Lennar Homes of California, LLC
a California limited liability company

By:____________

Name: _____________________________

Title: ______________________________

APPROVED AS TO FORM:

CITY ATTORNEY
By:

Thomas D. Jex

A-1
4872-9506-3305v3/200945-0001

EXHIBIT A

DESCRIPTION OF PROPERTY
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

Assessor Parcel Number: 380-250-049

FACILITIES MAINTENANCE AND FUNDING AGREEMENT

by and between

THE CITY OF WILDOMAR,
a municipal corporation

and

LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company

DATED ___________________, 2022

1 FACILITIES MAINTENANCE AND

FUNDING AGREEMENT

THIS FACILITIES MAINTENANCE AND FUNDING AGREEMENT (“Agreement”) is made and entered into this day of _________, 2022 (“Effective Date”), by and between LENNAR HOMES OF CALIFORNIA, LLC , a California limited liability company (“ Developer”), and the CITY OF WILDOMAR, a California municipal corporation (“City”), with reference to the following facts:

RECITALS

A. Reference is made to that certain real property situated in the City of Wildomar, County of Riverside, State of California, located within Tract Map No. 36672 recorded May 27, 2021 as Document No. 2021-0324787 attached hereto as Exhibit “A” (“ Project Site”). The Project Site consists of Lot 1 (owned by the Developer), Lot 2 (the Commercial Site, as defined below, owned by an entity unaffiliated with the Developer), and Lot 3 (owned by the Developer).

B. Lot 1 and Lot 3 of the Project Site (“Development Area”) are being developed as 136 multi-family residential units by the Developer.

C. Lot 2 of the Project Site is not owned by the Developer, but is planned for future commercial development by the current or future owner thereof (herein, Lot 2 shall be referred to as the “Commercial Site”).

D. With respect to the Development Area, t he Developer expects to transfer its management responsibilities of the Development Area to a Home Owners Association (“ HOA”), a California nonprofit mutual benefit corporation, which HOA shall be financially responsible for all the onsite private landscaping, drainage, street, lighting and recreation improvements as shown on Exhibit “B” attached hereto (the “Onsite Maintenance”).

E. In connection with its development of the Development Area as a residential community, the Developer has prepared plans for the construction of certain offsite public improvements, which include, among other things, landscape and irrigation, street improvements, and street lights (“Plans”). The Plans provide for installation of certain offsite street, sidewalk, landscape and irrigation, and street light improvements (“Offsite Facilities”). The Offsite Facilities will serve both the Development Area and the Commercial Site.

F. The Offsite Facilities being installed by the Developer that are adjacent to the Commercial Site are shown on Exhibit “C” attached hereto (the area adjacent to the Commercial Site where Offsite Facilities are being installed shall be referred to herein as the “City Maintenance Area”).

G. The City and the Developer desire to enter into this Agreement to provide for (i) the maintenance of the Offsite Facilities prior to City Acceptance (as defined herein), (ii) following City Acceptance, the maintenance of the Offsite Facilities outside of the City Maintenance Area by the Services CFD (as defined herein), (iii) following City Acceptance, the fundi ng of the maintenance of the Offsite Facilities in the City Maintenance Area by the HOA until development of the Commercial Site, and (iv) the release of the HOA’s responsibility to fund the maintenance of the Offsite Facilities in the City Maintenance Area upon annexation of the Commercial Site into the Services CFD.

2 H. The City has formed, or will form, the “ City of Wildomar Community Facilities District No. 2022 -1 (Services)” (“Services CFD”) over the Development Area . The Services CFD will be authorized t o maintain, among other things, all of the Offsite Facilities. Until the Commercial Site is annexed into the Services CFD, the Services CFD will require that the HOA provide funding for the maintenance of the Offsite Facilities located in the City Maintenance Area, as described in this Agreement.

I. Upon development of the Commercial Site, the City will require the owner of such Commercial Site to annex into the Services CFD. The HOA’s financial responsibility for the Offsite Facilities in the City Maintenance Area shall cease upon the annexation of the Commercial Site into the Services CFD, as further detailed in this Agreement.

AGREEMENT

NOW, THEREFORE, the City and the Developer (each a “Party” and, collectively, the “Parties”) hereby agree as follows:

1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to assure the maintenance, repair, safe operation and, if and when necessary, replacement of the Offsite Facilities by the City in the City Maintenance Area at the expense of the HOA in accordance with the Maintenance Standards (defined in Section 7 below) set forth herein until the HOA is released from its obligations by the annexation of the Commercial Area into the Services CFD.

2. OFFSITE FACILITIES AS A BENEFIT. The Developer agrees that the Offsite Facilities are a requirement of the development of the Development Area and provide benefit to the overall Project Site and that City’s maintenance, repair, safe operation and, if and when necessary, replacement thereof in accordance with this Agreement is necessary for approval of the Developer's Development Area.

3. DEVELOPER’S RESPONSIBILITIES PRIOR TO CITY ACCEPTANCE. Developer, at its sole expense, shall install and maintain the Offsite Facilities until such Offsite Facilities are turned over to and accepted by the City (“ City Acceptance”). Upon City Acceptance of the Offsite Facilities, the Developer shall no longer have any responsibil ity for the mainte nance of the Offsite Facilities, and the Services CFD shall maintain the Offsite Facilities (subject to the funding assistance of the HOA as described in Section 5).

4. CONDITIONS OF CITY ACCEPTANCE . Prior to , and as a condition of, the C ity Acceptance of the Offsite Facilities, the Developer shall (i) assign this Agreement to the HOA and provide a copy of the assignment to the City, and (ii) provide the City with an HOA budget that includes the Annual Maintenance Obligation (as defined in Section 5).

5. HOA FUNDING OF THE ANNUAL MAINTENANCE OBLIGATION. The budget for the Offsite Facilities in the City Maintenance Area is $14,946.30 for fiscal year 2022-2023, as shown on Exhibit “D” (“Annual Maintenance Obligation”). The Annual Maintenance Obligation shall increase on each July 1, commencing on July 1, 2023 by (y ) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside -San Bernardino- Ontario California Standard Metropolitan Statistical Area measured from March of the previous year to March of the current year , or (z) by two percent (2.0%), whichever is greater, but in no event greater than 6%. Until released as set forth in Section

3 6, the HOA shall include one-twelfth of the amount of Annual Maintenance Obligation in its monthly HOA dues and make semi-annual payments to the City on January 1 and July 1 of each year equal to 50% of the Annual Maintenance Obligation (“Annual HOA Payments”).

6. RELEASE OF THE HOA. The Annual HOA Payments shall continue until such time as the Commercial Site is annexed into the Services CFD as evidenced by the recordation of the “ Notice of Special Tax Lien” recorded against the Commercial Site (herein, the “Lot 2 Annexation”). Upon the Lot 2 Annexation, the City shall release the HOA from any making any further Annual HOA Payments to the City and this Agreement shall terminate.

7. MAINTENANCE STANDARDS. The following standards (collectively, " Maintenance Standards") shall be complied with by the Ci ty and its maintenance staff, contractors and subcontractors in connection with the required maintenance of the Facilities:

a. The Offsite Facilities shall be maintained in compliance with the Plans and Final Map, in good condition, and in accordance with the custom and practice generally applicable to public rights-of-way and public property within the City.

b. The maintenance of the Offsite Facilities shall include, but not be limited to:
watering/irrigation; fertilization; periodic trimming, mowing, and/or edging of grass and lawn areas; pruning of trees, shrubs, and other vegetation; trimming and shaping of trees and shrubs to maintain a healthy, natural appearance, safe road conditions and visibility, and irrigation coverage; removal and replacement, as needed, of all plant materials; control of weeds in all planters, shrubs, lawns, ground covers, or other planted areas; and staking for support of trees, street light maintenance including energy charges, operation, maintenance, and administrative costs of streetlights, maintenance, administration and inspections.

c. Clean-up maintenance shall include, but not be limited to: maintenance of all sidewalks, paths and other paved areas in clean and weed- free condition; maintenance of all such areas clear of dirt, mud, trash, debris or other matter which is unsafe or unsightly; removal of all trash, litter and other debris from Offsite Facilities and landscaping prior to mowing; clearance and cleaning of all areas maintained prior to the end of the day on which the maintenance operations are performed to ensure that all cuttings, weeds, leaves and other debris are properly disposed of by maintenance workers.

d. Lighting maintenance shall include prompt replacement of inoperable light bulbs, repair and replacement of damaged light fixtures and timely payment of electrical costs to Southern California Edison.

8. TERM. This Agreement shall commence immediately upon t he Effective Date and shall continue until the Lot 2 Annexation occurs as described in Section 6.

9. INDEMNIFICATION. The City shall indemnify, defend and hold the Developer and HOA, including their boards, officers, agents and employees harmless from liens, claims, demands, actions, causes of action, obligations, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees (individually, a “Claim” and collectively, “Claims ”), which may arise from or in any manner relate to any work performed or services provided under this Agreement by the City, or the City’s contractors, subcontractors, agents or employees, including, but not limited to, the performance of any and all services related to the City Maintenance Area. Notwithstanding the forgoing, the City shall not be

4 obligated under this Agreement to defend and/or indemnify the Developer or HOA to the extent that any Claim is caused by the negligence or willful misconduct of the Developer, HOA, or its agents or employees.

The obligation to provide indemnity pursuant to this Section 9 shall survive termination of this Agreement pursuant to Section 6.

10.9. ASSIGNMENT BY CITY. The City shall have the right at its option to assign its rights and obligations under this Agreement to a municipal services district or other public agency without consent of the HOA or Developer.

11.10. ASSIGNMENT BY DEVELOPER.

a. Assignment to Successor Developer. The Developer may assign its obligations under this Agreement to a successor developer only with the prior written approval of the City. In connection with any such assignment, the Developer and its assignee, the successor developer, shall execute and deliver to the City a written assignment and assumption agreement in a form acceptable to the City Attorney.

b. Assignment to HOA. The Developer may assign its obligations under this Agreement to the HOA without the prior written approval of the City. In connection with any such assignment, the Developer and its assignee, the HOA, shall execute and deliver to the City a written assignment and assumption agreement in a form acceptable to the City Attorney.

c. Release of Developer. Upon delivery of the assignment and assumption agreement between the developer and a successor developer or HOA, Developer shall be reli eved of the performance of any further duties or obligations under this Agreement arising after such assignment and the Developer shall be released from any further liability under this Agreement.

12.11. NOTICES. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows:

To the Developer: Lennar Homes of California, LLC
Attn: Geoffrey Smith
980 Montecito Drive, Suite 302
Corona, CA 92879

To the City: City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar CA 92595
Attn: Public Works Director/City Engineer

With a copy to: City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar CA 92595
Attn: City Attorney

5 13.12. MISCELLANEOUS.

a. Entire Agreement, Amendments . This Agreement contains the entire understanding and agreement of the Parties. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the Parties to this Agreement.

b. Paragraph Headings. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning hereof.

c. Governing Law. This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue shall be the County of Riverside.

d. Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the Parties.

e. Exhibits. Any and all exhibits and schedules attached or to be attached hereto are hereby incorporated and made a part of the Agreement by reference.

f. Severability. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect.

g. Authority. Each person executing this Agreement on behalf of a P arty represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.

h. No Agency Relationship. Neither the Developer nor any of the Developer's agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of any of the Developer's obligations under this Agreement.

i. Attorneys' Fees and Costs. Either Party may bring an action to enforce or require performance of the terms of this Agreement, and the prevailing P arty in such suit or proceeding shall be entitled to recover from the other Party's reasonable costs and expenses, including attorneys' fees.

6 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first stated above.

DEVELOPER

LENNAR HOMES OF CALIFORNIA, LLC,
a California limited liability company

By:

Name: __________________________

Title: ___________________________

CITY

CITY OF WILDOMAR,
a municipal corporation

Dan York, City Manager

ATTEST:

Janet Morales, City Clerk

Exhibit “A”

Project Site
TRACT MAP NO. 36672

Exhibit “B”
Onsite Maintenance

Exhibit “C”
City Maintenance Area

Exhibit “D”
Annual Maintenance Obligation for
Offsite Facilities in County
Maintenance Area
Fiscal Year 2022-2023

Zoning Ordinance Amendment No. 2022-01 April 13, 2022

CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #2.1

PUBLIC HEARING
Meeting Date: April 13, 2022

TO: Mayor and Members of the City Council

FROM: Matthew C. Bassi, Planning Director

SUBJECT: Zoning Ordinance Amendment No. 2022-01: A proposed code amendment to require a conditional use permit for gasoline and diesel service stations with the concurrent sale of beer and wine for off-premises consumption

STAFF REPORT
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

CEQA AND APPROVAL OF ZONING ORDINANCE AMENDMENT
NO. 2022-01 TO MODIFY CHAPTERS 17.88; 17.92; 17.96;

17.108; AND 17.248 OF THE WILDOMAR MUNICIPAL CODE

REQUIRING A CONDITIONAL USE PERMIT FOR GASOLINE

AND DIESEL SERVICE STATIONS WITH THE CONCURRENT

SALE OF BEER AND WINE FOR OFF-PREMISES

CONSUMPTION
DISCUSSION:

The planning department is proposing a code amendment that will modify Chapters 17.88 (I-P zone); 17.92 (M-SC zone) ; 17.96 (M-M zone) ; 17.108 (M-H zone) and 17.248 (Alcoholic Beverage Sales) of the Wildomar Municipal Code requiring a conditional use permit for gasoline and diesel service stations with the concurrent sale of beer and wine for off-premise consumption. Currently, these zones allow gasoline and diesel service stations, but they do not allow concurrent beer and wine sales for off- premise consumption, even though the C-1/C-P and C-P-S commercial zones allow for this.

To address this disparity, the proposed code amendment will add a Conditional Use Permit (CUP) requirement for gasoline and diesel service stations with the concurrent sale of beer and wine for off -premise consumption in these industrial zones. The proposed changes will create consistency for gas stations locating in our commercial and industrial zones.

Zoning Ordinance Amendment No. 2022-01 April 13, 2022

Under the current industrial zones noted above, an Applicant desiring to establish a gas station with concurrent sale of beer and wine m ust process a General Plan Amendment and Zone Change from Industrial to Commercial to achieve this . This current process adds about 3 - 4 months to the development review process and an additional cost of $15,000 (for the GPA/ZC).

In reviewing other gas station proposals with concurrent beer and wine sales, staff believes a gas station with concurrent beer and wine sales in a commercial zone is not that different from gas stations in the industrial zones. This particular use has very similar operating pr ocedure and is eligible for an ABC license whether it’s located in the commercial or industrial zone provided an applicant received a CUP.

Under the proposed code amendment, a CUP would now be required for a gas station with concurrent beer and wine sales in both the commercial and industrial zones resulting in uniformity and fairness. Staff believes this is a reasonable approach and presented such to the Planning Commission.

Planning Commission Review/Action:

The Planning Commission reviewed the proposed code amendment at its March 2, 2022 meeting. There was one public speaker (Ms. Gina Castanon) opposed to the code amendment since the city was initiating a general plan update. The Commission all supported the code amendment. After Commission discussion, they voted unanimously 5 – 0 to adopt PC Resolution No. 2022-07 recommending City Council approval of Zoning Ordinance Amendment No. 2022-01.

ENVIRONMENTAL/CEQA DISCUSSION:

In accordance with the requirements of the California Environmental Quality Act (Public Resources Code § 21000, et seq. (“CEQA”)), a review of the potential environmental impacts was conducted by the Planning Department for Zoning Ordinance Amendment No. 2022-01. Based on this review, the Planning Department has determined that the adoption of the proposed amendment , which provides for more restrictive permits for gasoline and diesel service stations with the concurrent sale of beer and wine for off - premises consumption has no potential to impact the environment. The proposed amendment does not preclude gasoline and diesel service stations from going through a full CEQA review during the CUP entitlement process.

Therefore, Zoning Ordinance Amendment No. 2022- 01 meets the criteria to be exempt from CEQA pursuant to Section 15061(b)(3), which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Given this , the Planning Commission has recommend ed the City Council adopt the general rule exemption as stated above.

ZOA NO. 2022-01 FINDINGS OF FACT:

Zoning Ordinance Amendment No. 2022-01 April 13, 2022

In accordance with the provisions of Chapter 17.280 of the Zoning Ordinance, the Planning Commission recommends the City Council make the following findings in support of approving Zoning Ordinance Amendment No. 2022-01.

A. The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance.

Evidence: The proposed code amendment is consistent with the City of Wildomar General Plan in that requiring a conditional use permit (CUP) for gasoline and diesel service stations with the concurrent sale of beer and wine for off -premises consumption is a permitted use in the commercial and industrial zones. Further, the findings for a CUP are intended to protect the health, safety and welfare of the community and surrounding land uses, and adoption of this code amendment furthers this protection. The amendment is also consistent with the Zoning Ordinance in that the City is allowed to amend its list of conditionally permitted uses from time to time to address changes in the marketplace and to keep up with current trends.

FISCAL IMPACT:

There is no fiscal impact from approval of ZOA No. 2022-01.

PUBLIC NOTICING:

In accordance with Chapter 17.04 and 17.280 of the Wildomar Municipal Code, the Planning Department on April 1, 2022 published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the April 13 , 2022 City Council hearing where the Council discuss Zoning Ordinance Amendment No. 2022-

01. Since this code amendment is not a development project, the provisions of Ordinance 135 requiring public hearing sign boards do not apply.

Respectfully Submitted, Reviewed By,
Daniel A. York Thomas D. Jex
City Manager City Attorney
ATTACHMENTS:

A. Draft City Council Ordinance No. ___ for ZOA No. 2022-01 INCORPORATED HEREIN BY REFERENCE THE FOLLOWING:
• City of Wildomar General Plan and General Plan EIR
• City of Wildomar Zoning Ordinance (Title 17 of the WMC)

ATTACHMENT A
Draft Council Ordinance No. ___
for
ZOA 2022-01

DRAFT 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 CEQA AND APPROVAL OF ZONING ORDINANCE
AMENDMENT NO. 2022 -01 TO MODIFY CHAPTERS 17.88;

17.92; 17.96; 17.108; AND 17.248 OF THE WILDOMAR

MUNICIPAL CODE REQUIRING A CONDITIONAL USE

PERMIT FOR GASOLINE AND DIESEL SERVICE STATIONS

WITH THE CONCURRENT SALE OF BEER AND WINE FOR

OFF-PREMISES CONSUMPTION
WHEREAS, in accordance with Chapter 17.280 of the Wildomar Municipal Code and California Government Code, Section 65800, et seq. , the City Council has the authority to take action on the proposed Zoning Ordinance Amendment No. 2022-01; and WHEREAS, the Planning Commission held a public hearing on March 2, 2022 for Zoning Ordinance Amendment No. 2022 -01, and adopted PC Resolution No. 2022- 07 recommending City Council approval of Zoning Ordinance Amendment No. 2022-01; and WHEREAS, in accordance with Section 17.280.040 of the Wildomar Municipal Code, the Planning Department, on April 1, 2022, published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the City Council public hearing set for April 13, 2 022, regarding Zoning Ordinance Amendment No. 2022-01; and
WHEREAS, in accordance with Section 17.280.040 of the Wildomar Municipal Code, the City Council conducted a duly noticed public hearing on April 13, 2022, at which time interested persons had an opportunity to testify in support of, or opposition to Zoning Ordinance Amendment No. 2022-01, and at which time the City Council received public testimony concerning Zoning Ordinance Amendment No. 2022-01.

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

SECTION 1: ENVIRONMENTAL DETERMINATION.

In accordance with the requirements of the California Environmental Quality Act (Public Resources Code § 21000, et seq. (“CEQA”)), a review of the potential environmental impacts was conducted by the Planning Department for Zoning Ordinance Amendment No. 2022-01. Based on this review, the Planning Department has determined that the adoption of the proposed a mendment, which provides for more restrictive permits for gasoline and diesel service stations with the concurrent sale of beer and wine for off-premises consumption has no potential to impact the environment. The proposed amendment does not preclude gasoline and diesel service stations from going

through a full CEQA review during the CUP entitlement process. Therefore, Zoning Ordinance Amendment No. 2022-01 meets the criteria to be exempt from CEQA pursuant to Section 15061(b)(3), which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Given this, the City Council hereby determines that Zoning Ordinance Amendment No. 2022-01 has no potential to negatively impact the environment and adopts the general rule exemption as stated above.

SECTION 2. REQUIRED ZONING ORDINANCE AMENDMENT FINDING.

In accordance with Chapter 17.280 of the Wildomar Municipal Code, the City Council hereby makes the following findings approving Zoning Ordinance Amendment No. 2022-01.

A. The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance.

Evidence: The proposed code amendment is consistent with the City of Wildomar General Plan in that requiring a conditional use permit (CUP) for gasoline and diesel service stations with the concurrent sale of beer and wine for off -premises consumption is a permitted use in the commercial and industrial zones. Further, the findings for a CUP are intended to protect the health, safety and welfare of the community and surrounding land uses, and adoption of this code amendment furthers this protection. The amendment is also consistent with the Zoning Ordinance in that the City is allowed to amend its list of conditionally permitted uses from time to time to address changes in the marketplace and to keep up with current trends.

SECTION 3. AM

ENDMENT TO THE MUNICIPAL CODE
Section 17.88.010.C (I-P Zone) of the Wildomar Municipal Code is hereby amended to add a new use permitted with a conditional use permit as follows:

5. Automobile and diesel service stations, with the concurrent sale of beer and wine for off-premises consumption.

SECTION 4. AM ENDMENT TO THE MUNICIPAL CODE
Section 17. 92.020.C (M-SC Zone) of the Wildomar Municipal Code is hereby amended to add a new use permitted with a conditional use permit as follows:

20. Gasoline and diesel service stations, with the concurrent sale of beer and wine for off-premises consumption.

SECTION 5. AMENDMENT TO THE MUNICIPAL CODE
Section 17. 96.020.C (M -M Zone) of the Wildomar Municipal Code is hereby amended to add a new use permitted with a conditional use permit as follows:

23. Gasoline and diesel service stations, with the concurrent sale of beer and wine for off-premises consumption.

SECTION 6. AM ENDMENT TO THE MUNICIPAL CODE
Section 17.108.020.C (M -H Zone) of the Wildomar Municipal Code is hereby amended to add a new use permitted with a conditional use permit as follows:

19. Gasoline and diesel service stations, with the concurrent sale of beer and wine for off-premises consumption.

SECTION 7. AM ENDMENT TO THE MUNICIPAL CODE
Section 17.248.020 ( Permitted Zoning) is hereby amended to add a new subsection to read as follows:

C. The sale of beer and wine for off- premises consumption in conjunction with gasoline and diesel service stations shall only be allowed in the following zones, provided a conditional use permit has been approved pursuant to Chapter

17.200: C-1/C-P, C-P-S, C-R, I-P, M-SC, M-M and M-H zones.

SECTION 8. SEVER ABILITY
If any chapter, 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 will 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 Chapter, 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 9. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 10. 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 Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).

INTRODUCED AND APPROVED FOR FIRST READING this 13th, day of April, 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 #3.1

GENERAL BUSINESS
Meeting Date: April 13, 2022

TO: Honorable Mayor and City Council Members

FROM: Dan York, City Manager
Raul Berroteran, Code Enforcement Supervisor

SUBJECT: Ordinance Repealing and Replacing Chapter 15.40 of the Wildomar Municipal Code – Adopting International Property Maintenance Code by reference

STAFF REPORT

RECOMMENDATION:

Staff recommends that the City Council introduce and waive further reading of an Ordinance entitled:

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, AMENDING THE WILDOMAR
MUNICIPAL CODE BY REPEALING CHAPTER 15.40
“UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS” AND ADDING CHAPTER 15.40
“INTERNATIONAL PROPERTY MAINTENANCE CODE”

BACKGROUND:

On November 10, 2021, the City Council established a Homeowner Association (HOA) ad-hoc subcommittee consisting of former Councilmember Swanson and Mayor Benoit to guide staff in evaluating HOA procedures for new development projects in the City. They held their first meeting on February 23, 2022. As the discussion progressed, the subcommittee discussed their desire to address property maintenance citywide. The IPMC (International property maintenance code) was identified as a possible solution to citywide property maintenance issues.

The City adopted the Uniform Code for the Abatement of Dangerous Buildings in 2008.

This code is no longer maintained or updated by the now-dissolved International Conference of Building Officials. The subcommittee and the city staff favored the IPMC code amendment and recommended that it be brought to Council for approval. The International Property Maintenance Code (IPMC) Regulates the maintenance of existing buildings and contains clear and specific property maintenance and property improvement provisions. The City may utilize the IPMC to abate property maintenance issues accurately for private property and HOA associations should they not adhere to the code.

DISCUSSION:

The proposed ordinance would replace the Uniform Code for the Abatement of Dangerous Buildings with the IPMC. The Ordinance adopts by reference the entire IPMC to the extent it does not conflict with existing Codes and Ordinances. The IPMC regulates and governs the conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use.

The proposed ordinance further keeps City codes current as the IPMC is reviewed and amended bi-annually. The 2021 edition of the International Property Maintenance Code contains clear and specific language for property maintenance and property improvement conditions. The purpose of the code is to establish minimum requirement for maintenance of existing buildings through model code regulations.

The IPMC contains provisions for the application, enforcement and administration of requirements of the code and identifies which buildings and structure come under its purview. It sets forth due process requirements when corrective action needs to be taken.

The IPMC provides requirements for exterior property areas as well as interior and exterior elements of structures intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building’s structural and weather-resistant performance.

The IPMC has further provisions to combat blight in residential neighborhoods. Here are the ten common violations that exist in front yards: 1) Overgrown vegetation, 2) inoperable vehicles, 3) Outdoor storage (accumulation of rubbish and garbage), 4) Missing and peeling paint, 5) Broken windows, 6) Harboring rodents, 7) Deterioration of roofs, 8) Vacant structure and land, 9) Premises identification (missing address numbers), 10) Exterior gates.

The IMPC also establishes minimum performance requirements for all mechanical and electrical equipment, appliances and system and provides minimum standards for the safety of such facilities. Moreover, the IPMC addresses fire hazards that arise as the result of a building’s occupancy and provides minimum requirements for fire safety issues that are most likely to arise in older buildings.

Finally, it outlines, where relevant, who is responsible for complying with the various provisions of the code.

Government Code Section 50022.2 provides the procedures for adopting an ordinance that adopts by reference other codes. This section requires that a public hearing on the proposed ordinance be set after the first reading of the ordinance is conducted. The public hearing is scheduled for the City Council meeting of May 11, 2022.

Submitted & Approved by:

Dan York, City Manager
Raul Berroteran, Code Enforcement Supervisor
ATTACHMENTS:

Ordinance No. ____

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA AMENDING THE WILDOMAR
MUNICIPAL CODE BY REPEALING CHAPTER 15.40 “UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS”
AND ADDING A NEW CHAPTER 15.40 “INTERNATIONAL
PROPERTY MAINTENANCE CODE;
WHEREAS, each city in California is authorized to adopt codes by reference under Government Code section 50022.2; and
WHEREAS, the City Council wishes to adopt the 2021 edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and
NOW, THEREFORE, the City Council of the City of Wildomar ordains as follows:

SECTION 1. That certain document, copies of which are on file in the office of the City Clerk of the City of Wildomar, being marked and designated as the International Property Maintenance Code, 2021 edition, as published by the International Code Council, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and, except to the extent they conflict with existing City Codes and Ordinances, each and all of the regulations, provisions, penalties, conditions and terms of the 2021 International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance ; and as may be modified by ordinance of the City Council.

SECTION 2, Findings. The City Council finds as follows:

A. Chapter 15.40 of the Wildomar Municipal Code adopts by reference the 2021 International Property Maintenance Code to replace the 1977 Uniform Code for the Abatement of Dangerous Buildings.

B. The Uniform Code for the Abatement of Dangerous Buildings is no longer maintained or updated.

C. It is now necessary to repeal and replace Chapter 15.40 to adopt by reference the International Property Maintenance Code

SECTION 3. Amendment of Chapter 15.40.

Chapter 15.40 entitled “Uniform Code for the Abatement of Dangerous Buildings” of the Wildomar Municipal Code is hereby repealed in its entirety and replaced with the following Chapter 15.40 entitled “International Property Maintenance Code” and restated to read as follows:
“Chapter 15.40 International Property Maintenance Code
Section 15.40.010 Adopted by Reference
Except as hereinafter changed or modified, the 2021 Edition of the International Property Maintenance Code as published by the International Code Council, is hereby adopted by reference and incorporated into this Title 15 of the Wildomar Municipal Code. A copy of said International Property Maintenance Code shall be on file in the office of the City Clerk.”
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT.

The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) under the general rule that CEQA applies only to projects that have the poten tial for causing a significant effect on the environment, and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3).)
SECTION 5. 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 6. EFFECTIVE DATE.

This Ordinance shall take effect thirty (30) days from its passage by the City Council.

Within 15 days of adoption of this Ordinance, t he City Clerk shall certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation printed and published within the City of Wildomar, in accordance with Government Code § 36933.

SECTION 7. That nothing in this Ordinance or in the 2021 edition of the International Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Ordinance.

SECTION 8. PUBLICATION.

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

INTRODUCED AND APPROVED FOR FIRST READING this 13th day of April, 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 3.2

GENERAL BUSINESS
Meeting Date: April 13, 2022
______________________________________________________________________

TO: Mayor and City Council Members

FROM: Robert A. Howell, Administrative Services Director

PREPARED BY: Adam J. Jantz, Administrative Analyst II

SUBJECT: FY 2021-22 3
rd Quarter Budget Report

STAFF REPORT

RECOMMENDATIONS:

Staff recommends that the City Council review and approve the Fiscal Year 2021-22 3 rd
Quarter Report, and adopt a Resolution entitled:

RESOLUTION NO. 2022 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING AMENDMENTS TO THE FY 20 21-22 BUDGETED REVENUES AND

EXPENSES

3rd QUARTER BUDGET REPORT

BACKGROUND:

This 3
rd Quarter budget report for Fiscal Year 2021-22 reflects the Finance Division of the Administrative Services Department’s continued efforts to provide timely, accurate, and understandable financial information to assist the City Council with the decision-making process. All funds have been reviewed in preparing this report.

The emphasis of this report is on the General Fund (100) which funds most of the government services such as public safety, general administrative services, building, planning, economic development, etc. , and the significant recommended adjustments related to Other and Non-General Funds.

The primary purposes of this 3rd Quarter Budget report are to:
• Recommend budgetary changes to address known budget deficiencies • Recommend budget changes to align the budget with projected fiscal year-end actual costs
• Identify changes that materially impact fund balances

DISCUSSION:

The City Council has approved adjustments on October 9, 2021, and February 9, 2022, on the June 9, 2021 adopted budget.

For the 3
rd Quarter Budget Report, the City proposes the following adjustment s to revenues:

The General Fund revenues are proposed to increase a net of $12,700 due to higher Motor Vehicle License Fees received. On Measure AA , staff is recommending an increase of $1,523,900 to the sales and use tax revenues based on the 7-month actuals received. This would move the Measure AA sales and use tax revenues from $3,476,100 to $5,000,000.

Staff is recommending $250,000 be added to the new General Plan Update Fund (Fund 125) as a Transfer-In from the General Fund to reflect the use of Cannabis Sales Tax as a funding mechanism for the update.

For Non-General Funds, staff recommends an increase of $17,600 in Cemetery revenue due to high activity, and an increase of $59,100 for CFD 2013-1 Zone 19 to fully fund the Zone.

Fund Adjusted Budget
Recommended
Adjustments Proposed Budget
General 1 5,209,800$ 12,700$ 15,222,500$ Measure AA 3,477,600$ 1,523,900$ 5,001,500$ ARPA 4,453,000$ -$ 4,453,000$ General Plan Update -$ 250,000$ 250,000$ Cemetery 705,800$ 17,600$ 723,400$ Remaining Non-General 16,911,000$ 59,100$ 16,970,100$ Total: 40,757,200$ 1,863,300$ 42,620,500$ Revenue Adjustments
Fund Adjusted Budget
Recommended
Adjustments Proposed Budget
General 15,336,600$ 283,500$ 15,620,100$ Measure AA 4,350,400$ 12,000$ 4,362,400$ ARPA 1,127,200$ 42,800$ 300,400$ General Plan Update 557,000$ -$ 5,442,500$ Cemetery 948,600$ -$ 3,516,000$ Remaining Non-General 18,540,100$ 5,400$ 11,962,200$ Total: 40,859,900$ 343,700$ 41,203,600$ Expenditure Adjustments

Staff is recommending a net increase of $283,500 in General Fund expenditures . A transfer-out of $250,000 to the General Plan Update Fund to reflect the use of Cannabis sales tax revenue. The remaining amount of the expenditure increase is for non - Departmental recurring contractual services expenses for additional janitorial costs, City Hall security service patrols, and increased IT services.

Staff is recommending an increase of $42,800 to the American Rescue Plan Act (ARPA) Fund to account for Covid-19 related expenses. Staff is recommending an increase to the Measure AA Fund of $12,000 due to increased legal expenses that are related to homelessness activity.

Staff is also recommending an increase of $5,400 in the CFD 2013-1 Maintenance Fund (Fund 260) due to increase electrical expenses.

These proposed changes reflect the Administrative Services Department’s efforts to provide accurate financial information to the public and City Council, and to assist with the decision-making process.

FISCAL IMPACT:

MID-YEAR BUDGET REPORT:
$12,700 General Fund Revenue Net Increase
$283,500 General Fund Expenditures Net Increase
$1,773,900 Other General Fund Revenue Net Increase
$54,800 Other General Fund Expenditures Net Increase
$76,700 Non-General Fund Revenue Net Increase
$5,400 Non-General Fund Expenditures Net Increase

Submitted by: Approved by:

Robert A. Howell Daniel A. York
Administrative Services Director City Manager

ATTACHMENTS:

Resolution 2022-XX
FY 2021-22 3
rd Quarter Budget Financial Reports and Proposed Adjustments

RESOLUTION NO. 2022 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING AMENDMENTS TO THE FY 20 21-22 BUDGETED

REVENUES AND EXPENSES

WHEREAS, The City of Wildomar Biennial Budget for FY 2021 -22 and FY 2022- 23 was approved by the Wildomar City Council on June 9th, 2021;

WHEREAS, The Wildomar City Council approved on June 30
th, 2021, the
Authorized Position Schedules for FY 2021-22 and FY 2022-23;

WHEREAS, The City of Wildomar FY 2020- 21 Budget was amended and approved by the Wildomar City Council on October 13
th, 2021;

WHEREAS, The City of Wildomar FY 2020- 21 Budget was amen ded and approved by the Wildomar City Council on February 9
th, 2022;

WHEREAS, changing economic conditions, program and service reviews require that the original approved budget and authorized position schedule be regularly monitored and updated: and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Wildomar authorizes the amendm ent to the FY 20 21-22 Budgets increasing the total amount of projected revenues to $42,620,500 and total projected expenditures to $41,203,600.

PASSED, APPROVED, AND ADOPTED this 13
th day of April, 2022.

______________________________
Ben J. Benoit
Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ ______________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
Beginning Fund
Balance
Approved
Revenues
Proposed 3rd
Quarter Revenue
Adjustments
Estimated Funds
Available
Approved
Appropriations
Proposed 3rd
Quarter
Expenditure
Adjustments
Estimated
Available Fund
Balance
6/30/2021 + 2021-22 + 2021-22 = 2021-22 - 2021-22 - 2021-22 6/30/2022 General Fund
100 General Fund 2,404,172$ 15,209,800$ 12,700$ 17,626,672$ 15,336,600$ 283,500$ 2,006,572$ 110 Development Agreement 40,620 389,600 - 430,220 82,500 - 347,720 115 ARPA Fund - 4,453,000 - 4,453,000 1,127,200 42,800 3,283,000 120 Measure AA 3,275,441 3,477,600 1,523,900 8,276,941 4,350,400 12,000 3,914,541 125 General Plan Update - - 250,000 250,000 557,000 - (307,000) Total General Funds 5,720,233 23,530,000 1,786,600 31,036,833 21,453,700 338,300 9,244,833 Non-General Funds
200 Gas Tax (702,825) 952,500 - 249,675 936,200 - (686,525) 201 Measure A 228,181 703,100 - 931,281 804,700 - 126,581 203 TDA Fund - 575,000 - 575,000 575,000 - -
210 AQMD 208,645 46,000 - 254,645 51,800 - 202,845
251 LLMD 89-1C 1,033,435 332,000 - 1,365,435 467,500 - 897,935 252 CSA-22 (90,517) 31,400 - (59,117) 45,500 - (104,617) 253 CSA-103 (277,893) 173,700 - (104,193) 199,500 - (303,693) 254 CSA-142 99,245 36,800 - 136,045 34,800 - 101,245
255 Measure Z Parks Fund 226,672 429,900 - 656,572 477,000 - 179,572 259 CFD 2017-1 DIF Deferral 21,238 89,300 - 110,538 83,800 - 26,738 260 CFD 2013-1 Maintenance 245,433 54,200 - 299,633 54,100 5,400 240,133 261 CFD 2013-1 Annex 1 Zone 3 340,962 61,500 - 402,462 69,500 - 332,962 262 CFD 2013-1 Annex 2 Zone 4 (2,186) 300 - (1,886) 1,200 - (3,086) 263 CFD 2013-1 Annex 3 Zone 5 164,160 40,700 - 204,860 40,600 - 164,260 264 CFD 2013-1 Annex 4 Zone 6 - - - - - - -
265 CFD 2013-1 Annex 5 Zone 7 - - - - - - -
266 CFD 2013-1 Annex 6 Zone 8 33,654 8,900 - 42,554 8,900 - 33,654 267 CFD 2013-1 Annex 7 Zone 9 51,012 11,100 - 62,112 11,100 - 51,012 268 CFD 2013-1 Annex 8 Zone 10 - - - - - - -
269 CFD 2013-1 Spec Tax B 197 126,100 - 126,297 17,300 - 108,997 270 CFD 2013-1 Zone 11 51,344 16,800 - 68,144 16,800 - 51,344 271 CFD 2013-1 Zone 13 2,220 1,200 - 3,420 1,100 - 2,320 272 CFD 2013-1 Zone 14 19,382 6,900 - 26,282 6,800 - 19,482 273 CFD 2013-1 Zone 15 25,693 16,500 - 42,193 16,500 - 25,693 274 CFD 2013-1 Zone 16 6,702 7,000 - 13,702 7,000 - 6,702 275 CFD 2013-1 Zone 17 - - - - - - -
276 CFD 2013-1 Zone 18 19,304 19,800 - 39,104 19,800 - 19,304 277 CFD 2013-1 Zone 19 14,692 15,700 59,100 89,492 15,600 - 73,892 278 CFD 2013-1 Zone 20 - - - - - - -
279 CFD 2013-1 Zone 21 - 2,400 - 2,400 2,400 - -
280 Grants (164,633) 375,000 - 210,367 300,400 - (90,033) 281 SLESF - 150,000 - 150,000 150,000 - -
282 CDBG (33,245) 35,000 - 1,755 32,500 - (30,745)
283 PEG Grant 54,963 35,000 - 89,963 26,800 - 63,163
284 Streetlights 150,957 175,400 - 326,357 173,700 - 152,657 290 COVID-19 - - - - - - -
300 Cemetery 1,175,462 705,800 17,600 1,898,862 948,600 - 950,262 301 Cemetery Endowment 281,808 59,000 - 340,808 - - 340,808 302 Cemetery CIP 16,137 50,000 - 66,137 50,000 - 16,137 410 Administrative Svs - Dif (94,379) 4,600 - (89,779) 15,000 - (104,779) 420 Public Facilities - Dif 376,903 34,800 - 411,703 - - 411,703 421 Police - Dif 515,996 20,600 - 536,596 - - 536,596
422 Animal Shelter - Dif (725,133) 19,600 - (705,533) 48,800 - (754,333) 423 Corporate Yard - Dif (11,731) 7,200 - (4,531) - - (4,531) 430 Fire Facilities - Dif 727,266 39,900 - 767,166 - - 767,166 440 Trans & Roads - Dif 3,123,035 434,700 - 3,557,735 1,732,400 - 1,825,335 450 Trans & Signals -Dif 507,657 53,600 - 561,257 534,100 - 27,157 451 Drainage - Dif 765,958 144,400 - 910,358 123,600 - 786,758 460 Park Land Acquisitions-Dif (117,536) 46,800 - (70,736) - - (70,736) 461 Park Improvements-Dif 699,791 307,700 - 1,007,491 256,800 - 750,691 470 Community Center - Dif 315,050 37,200 - 352,250 - - 352,250 480 Multi-purpose Trails - Dif 352,023 68,300 - 420,323 - - 420,323 490 Library - Dif 52,617 - - 52,617 19,000 - 33,617
500 RMRA Capital Projects 756,107 714,300 - 1,470,407 1,100,000 - 370,407 501 Capital Reinvestment - 259,300 - 259,300 259,300 - - 502 RCFC Fund (77,489) 206,300 - 128,811 206,300 - (77,489) 503 TUMF Fund (529,305) 5,445,100 - 4,915,795 5,442,500 - (526,705) 504 CMAQ Fund - - - - - - -
505 MSRC Fund - - - - - - -
506 HSIP Fund (26,158) 81,900 - 55,742 65,000 - (9,258) 507 Misc State Funded Projects - 440,900 - 440,900 440,900 - - 508 Local Capital Grants (202,470) 3,516,000 - 3,313,530 3,516,000 - (202,470) Total Non-General Funds 9,608,405$ 17,227,200$ 76,700$ 26,912,305$ 19,406,200$ 5,400$ 7,500,705$ Total City Funds 15,328,638$ 40,757,200$ 1,863,300$ 57,949,138$ 40,859,900$ 343,700$ 16,745,538$ 42,620,500$ 41,203,600$
FY 2021-22 Budget Review
3rd Quarter FY2021-22
Total City of Wildomar Budget Summary
Total Adjusted Expenditures:Total Adjusted Revenue:

City of Wildomar
Revenue Group Budget Report
3rd Quarter Report FY 2021/22
July 1st, 2021 to March 31st, 2022
9 Month Remaining % Requested Proposed
Account Number Budget Actuals Budget Received Budget Change Budget 100 General Fund
3100 Sales & Use Tax 2,433,100 1,664,469 768,631 68% 195,000 2,628,100 3104 Pass-Through Property Tax 175,000 65,523 109,477 37% - 175,000 3105 Property Tax-Secured 4,304,700 2,478,608 1,826,092 58% - 4,304,700 3106 Property Tax-Unsecured 187,300 187,226 74 100% - 187,300 3107 Property Tax-Prior Year 126,700 109,185 17,515 86% - 126,700 3108 Property Tax-HOPTR 43,800 20,610 23,190 47% - 43,800 3109 Property Tax-Supplemental, SBE 68,600 17,164 51,436 25% - 68,600 3110 Real Property Transfer Tax 203,700 172,269 31,431 85% - 203,700 3113 Property Tax-Misc Adjustments 1,000 763 237 76% - 1,000 3120 Franchise Fee-Solid Waste 380,000 255,572 124,428 67% - 380,000 3121 Franchise Fee-Electricity 388,000 - 388,000 0% - 388,000 3122 Franchise Fee-Gas 93,000 - 93,000 0% - 93,000 3123 Franchise Fee Cable-Charter 180,000 95,993 84,007 53% - 180,000 3124 Franchise Fee-Telecomm-Frontier 110,000 42,673 67,327 39% - 110,000 3200 Business Registration Fee 50,000 36,275 13,725 73% - 50,000 3201 NPDES Inspection Fee 8,000 1,950 6,050 24% - 8,000 3210 Planning Fee 500 500 - 100% - 500 3220 Cannabis Application Fee 96,000 45,474 50,526 47% - 96,000 3221 Cannabis Regulatory Fee 214,000 124,789 89,211 58% - 214,000 3230 Develop/Engineering Permit Fee 8,000 5,111 2,889 64% - 8,000 3235 Encroachment Permit 92,900 73,901 18,999 80% - 92,900 3240 Building & Safety Fee 350,000 331,495 18,505 95% - 350,000 3244 MSHCP Admin Fee 2,700 216 2,484 8% - 2,700 3250 Fire Fees 65,500 36,231 29,269 55% - 65,500 3260 Private Development Fee - Pln & Bld 903,500 537,812 365,688 60% - 903,500 3261 Development Engineering Fee 540,800 230,491 310,309 43% - 540,800 3268 Code Enforcement Revenue 45,000 26,063 18,937 58% - 45,000 3270 Fines & Forfeitures 55,000 24,124 30,876 44% - 55,000 3271 AMR Fines 20,000 5,142 14,858 26% - 20,000 3300 Abandoned Property Registration 1,000 300 700 30% - 1,000 3310 Public Safety Revenue 16,000 10,865 5,135 68% - 16,000 3320 Special Event Revenue 3,000 1,458 1,542 49% - 3,000 3321 Community Room Rental Fee 500 100 400 20% - 500 3324 RTA Bus Pass 200 120 80 60% - 200 3500 Motor Vehicle License Fee 30,000 42,760 (12,760) 143% 12,800 42,800 3501 Vehicle License Fee Replacement SB130 2,960,000 1,480,670 1,479,330 50% - 2,960,000 3525 SB90 State Mandated Cost Reimb 15,000 15 14,985 0% - 15,000 3535 County/Special Dist. Reimb. 16,500 12,175 4,325 74% - 16,500 3800 Interest Income 20,000 10,306 9,694 52% - 20,000 3803 NSF Fees 100 - 100 0% - 100 3810 Settlement Proceeds 59,100 59,028 72 100% - 59,100 3848 Breakfast with Santa 1,700 1,687 14 99% - 1,700 3850 Miscellaneous Income 15,000 3,720 11,280 25% - 15,000 3852 Donations 3,100 3,020 80 97% - 3,100 3856 Community Clean-Up Reimb. 3,200 3,143 57 98% - 3,200 3900 Transfers In 723,300 - 723,300 0% - 723,300 3903 DAERF Administrative Services Fees 200 - 200 0% - 200 3960 Canyon Lake Building Services 195,100 - 195,100 0% (195,100) - Total General Fund 15,209,800 8,218,995 6,990,805 54% 12,700 15,222,500

City of Wildomar
Revenue Group Budget Report
3rd Quarter Report FY 2021/22
July 1st, 2021 to March 31st, 2022
9 Month Remaining % Requested Proposed
Account Number Budget Actuals Budget Received Budget Change Budget 110 Development Agreement
3222 Cannabis Development Agreement Fee 142,000 97,320 44,680 69% 142,000 3232 Development Agreement Fee 247,500 - 247,500 0% 247,500 3800 Interest Income 100 - 100 0% 100 Total Development Agreement 389,600 97,320 292,280 25% - 389,600 115 ARPA Fund
3540 American Rescue Plan Act Revenue 4,453,000 4,452,984 16 100% - 4,453,000 Total ARPA Fund 4,453,000 4,452,984 16 100% - 4,453,000 120 Measure AA Fund
3100 Sales & Use Tax 3,476,100 3,228,956 247,144 93% 1,523,900 5,000,000 3800 Interest Income 1,500 - 1,500 0% - 1,500 Total Measure AA Fund 3,477,600 3,228,956 248,644 93% 1,523,900 5,001,500 125 General Plan Update Fund
3100 Sales & Use Tax - - - - - 3800 Interest Income - - - - - 3900 Transfers In - - - 250,000 250,000 Total General Plan Update Fund - - - 250,000 250,000 200 Gas Tax
3503 Gas Tax 2103 286,600 207,210 79,390 72% - 286,600 3505 Gas Tax 2105 210,500 140,331 70,169 67% - 210,500 3506 Gas Tax 2106 131,700 90,250 41,450 69% - 131,700 3507 Gas Tax 2107 267,700 155,439 112,261 58% - 267,700 3508 Gas Tax 2107.5 6,000 6,000 - 100% - 6,000 3900 Transfers In 50,000 - 50,000 0% - 50,000 Total Gas Tax 952,500 599,230 353,270 63% - 952,500 201 Measure A
3520 Measure A Revenue 703,000 324,758 378,242 46% - 703,000 3800 Interest Income 100 - 100 0% - 100 3850 Miscellaneous Income - 67 (67) 0% - - Total Measure A 703,100 324,825 378,275 46% - 703,100 203 TDA Fund
3524 TDA Article 3 Rev 575,000 - 575,000 0% - 575,000 Total TDA Fund 575,000 - 575,000 0% - 575,000 210 AQMD
3510 AQMD-AB2766 46,000 23,363 22,637 51% 46,000 Total AQMD 46,000 23,363 22,637 51% - 46,000

City of Wildomar
Revenue Group Budget Report
3rd Quarter Report FY 2021/22
July 1st, 2021 to March 31st, 2022
9 Month Remaining % Requested Proposed
Account Number Budget Actuals Budget Received Budget Change Budget 251 LLMD 89-1C
8181 Zone 181 Special Assessment 26,400 13,305 13,095 50% 26,400 8803 Zone 3 Special Assessment 107,700 55,678 52,022 52% 107,700 8818 Zone 18 STL Special Assessment 900 778 122 86% 900 8826 Zone 26 STL Special Assessment 1,200 513 687 43% 1,200 8827 Zone 27 STL Special Assessment 1,400 593 807 42% 1,400 8829 Zone 29 Special Assessment 1,100 432 668 39% 1,100 8830 Zone 30 Special Assessment 33,900 18,373 15,527 54% 33,900 8835 Zone 35 STL Special Assessment 100 (60) 160 -60% 100 8842 Zone 42 Special Assessment 36,000 18,265 17,735 51% 36,000 8850 Zone 50 STL Special Assessment 400 71 329 18% 400 8851 Zone 51 Special Assessment 8,500 4,500 4,000 53% 8,500 8852 Zone 52 Special Assessment 68,600 36,983 31,617 54% 68,600 8859 Zone 59 Special Assessment 5,400 2,634 2,766 49% 5,400 8862 Zone 62 Special Assessment 18,400 9,335 9,065 51% 18,400 8867 Zone 67 Special Assessment 7,900 4,179 3,721 53% 7,900 8870 Zone 70 STL Special Assessment 1,300 710 590 55% 1,300 8871 Zone 71 Special Assessment 11,400 5,659 5,741 50% - 11,400 8872 Zone 71 Spec. Assess-Lighting 500 135 365 27% 500 8873 Zone 73 STL Special Assessment 900 343 557 38% 900 Total LLMD 89-1C 332,000 172,428 159,572 52% - 332,000 252 CSA-22
3550 Special Assessment 31,400 16,183 15,217 52% - 31,400 Total CSA-22 31,400 16,183 15,217 52% - 31,400 253 CSA-103
3557 Special Assessment - Street Lights 151,100 78,128 72,972 52% - 151,100 3558 Special Assessment - Landscape 22,600 11,588 11,012 51% - 22,600 Total CSA-103 173,700 89,716 83,984 52% - 173,700 254 CSA-142
3550 Special Assessment 36,800 18,298 18,502 50% - 36,800 Total CSA-142 36,800 18,298 18,502 50% - 36,800 255 Measure Z Park
3320 Special Event Revenue 26,400 5,703 20,697 22% - 26,400 3550 Special Assessment 392,700 191,881 200,819 49% - 392,700 3553 Marna O'Brien Park-Facility Rent 10,000 9,307 693 93% - 10,000 3555 Windsong Park-Facility Rent 100 25 75 25% - 100 3800 Interest Income 200 - 200 0% - 200 3852 Donations 500 500 - 100% - 500 Total Measure Z Park 429,900 207,415 222,485 48% - 429,900 259 CFD 2017-1 DIF Deferral
3552 Special Assessment 89,300 43,263 46,037 48% - 89,300 Total CFD 2017-1 89,300 43,263 46,037 48% - 89,300

City of Wildomar
Revenue Group Budget Report
3rd Quarter Report FY 2021/22
July 1st, 2021 to March 31st, 2022
9 Month Remaining % Requested Proposed
Account Number Budget Actuals Budget Received Budget Change Budget 260 CFD 2013-1
3551 Special Assessment Tax - Zone 1 33,200 15,783 17,417 48% - 33,200 3552 Special Assessment Tax - Zone 2 21,000 11,162 9,838 53% - 21,000 Total CFD 2013-1 54,200 26,945 27,255 50% - 54,200 261 CFD 2013-1 Zn 3
3551 Special Assessment Tax A- Maintenance 61,500 30,880 30,620 50% - 61,500 Total CFD 2013-1 Annex 1 Zn 3 61,500 30,880 30,620 50% - 61,500 262 CFD 2013-1 Zn 4
3551 Special Assessment Tax A- Maintenance 300 24 276 8% - 300 Total CFD 2013-1 Annex 2 Zn 4 300 24 276 8% - 300 263 CFD 2013-1 Zn5
3551 Special Assessment Tax A- Maintenance 40,700 20,519 20,181 50% - 40,700 Total CFD 2013-1 Annex 3 Zn5 40,700 20,519 20,181 50% - 40,700 266 CFD 2013-1 Zn8
3551 Special Assessment Tax A- Maintenance 8,900 4,852 4,048 55% - 8,900 Total CFD 2013-1 Annex 6 Zn8 8,900 4,852 4,048 55% - 8,900 267 CFD 2013-1 Zn9
3551 Special Assessment Tax A- Maintenance 11,100 5,529 5,571 50% - 11,100 Total CFD 2013-1 Annex 7 Zn9 11,100 5,529 5,571 50% - 11,100 269 CFD 2013-1 Special Tax B
3552 Special Assessment Tax B- Public Safety 126,100 70,541 55,559 56% - 126,100 Total CFD 2013-1 Special Tax B 126,100 70,541 55,559 56% - 126,100 270 CFD 2013-1 Zn11
3551 Special Assessment Tax A- Maintenance 16,800 8,419 8,381 50% - 16,800 Total CFD 2013-1 Zn11 16,800 8,419 8,381 50% - 16,800 271 CFD 2013-1 Zn13
3551 Special Assessment Tax A- Maintenance 1,200 474 726 40% 1,200 Total CFD 2013-1 Zn13 1,200 474 726 40% - 1,200 272 CFD 2013-1 Zn14
3551 Special Assessment Tax A- Maintenance 6,900 6,848 52 99% 6,900 Total CFD 2013-1 Zn14 6,900 6,848 52 99% - 6,900

City of Wildomar
Revenue Group Budget Report
3rd Quarter Report FY 2021/22
July 1st, 2021 to March 31st, 2022
9 Month Remaining % Requested Proposed
Account Number Budget Actuals Budget Received Budget Change Budget 273 CFD 2013-1 Zn15
3551 Special Assessment Tax A- Maintenance 16,500 8,267 8,233 50% 16,500 Total CFD 2013-1 Zn15 16,500 8,267 8,233 50% - 16,500 274 CFD 2013-1 Zn16
3551 Special Assessment Tax A- Maintenance 7,000 2,426 4,574 35% 7,000 Total CFD 2013-1 Zn16 7,000 2,426 4,574 35% - 7,000 276 CFD 2013-1 Zn18
3551 Special Assessment Tax A- Maintenance 19,800 7,425 12,375 38% 19,800 Total CFD 2013-1 Zn18 19,800 7,425 12,375 38% - 19,800 277 CFD 2013-1 Zn19
3551 Special Assessment Tax A- Maintenance 15,700 37,385 (21,685) 238% 59,100 74,800 Total CFD 2013-1 Zn19 15,700 37,385 (21,685) 238% 59,100 74,800 .
279 CFD 2013-1 Zn21
3551 Special Assessment Tax A- Maintenance 2,400 1,112 1,288 46% 2,400 Total CFD 2013-1 Zn21 2,400 1,112 1,288 46% - 2,400 280 Grants
3540 Grant Revenue 375,000 - 375,000 0% - 375,000 Total Grants 375,000 - 375,000 0% - 375,000 281 SLESF
3521 SLESF Revenue 150,000 111,285 38,715 74% - 150,000 Total SLESF 150,000 111,285 38,715 74% - 150,000 282 CDBG
3540 Grant Revenue 35,000 - 35,000 0% 35,000 Total CDBG 35,000 - 35,000 0% - 35,000 283 Public Education & Government (PEG) Fund
3125 PEG Fee - Cable-Charter Comm 35,000 19,315 15,685 55% 35,000 Total PEG 35,000 19,315 15,685 55% - 35,000 284 Streetlight Fund
3700 Streetlight Pole Cost Reimbursement 173,900 - 173,900 0% - 173,900 3800 Interest Income 1,500 - 1,500 0% - 1,500 Total Streetlight 175,400 - 175,400 0% - 175,400

City of Wildomar
Revenue Group Budget Report
3rd Quarter Report FY 2021/22
July 1st, 2021 to March 31st, 2022
9 Month Remaining % Requested Proposed
Account Number Budget Actuals Budget Received Budget Change Budget 300 Cemetery
3104 RPTTF Redevelopment Property Tax 21,000 10,493 10,507 50% 21,000 3105 Property Tax-Secured 509,200 302,299 206,901 59% 509,200 3106 Property Tax-Unsecured 22,800 22,727 73 100% 22,800 3107 Property Tax-Prior Year 3,500 6,911 (3,411) 197% 4,600 8,100 3108 Property Tax-HOPTR 5,300 2,502 2,798 47% 5,300 3109 Property Tax-Supplemental, SBE 13,400 5,162 8,238 39% 13,400 3111 Property Tax-Teeter 9,800 - 9,800 0% 9,800 3113 Property Tax-Misc Adjustments 200 93 107 46% 200 3800 Interest Income 1,500 - 1,500 0% 1,500 3850 Miscellaneous Income 100 - 100 0% 100 4100 Cemetery - Plots 82,000 66,280 15,720 81% 82,000 4101 Cemetery - Vaults 7,000 8,481 (1,481) 121% 3,000 10,000 4102 Cemetery - Niche Walls 1,000 - 1,000 0% 1,000 4103 Cemetery - Open/Close 16,000 19,125 (3,125) 120% 4,000 20,000 4104 Cemetery - Setting fees 3,000 3,980 (980) 133% 2,000 5,000 4105 Cemetery - Out of District 8,000 9,500 (1,500) 119% 2,000 10,000 4106 Cemetery - Vases 1,000 1,400 (400) 140% 1,000 2,000 4107 Saturday Service Fees 1,000 1,386 (386) 139% 1,000 2,000 Total Cemetery 705,800 460,337 245,463 65% 17,600 723,400 301 Cemetery Endowment
3536 Endowment 55,000 46,020 8,980 84% 55,000 3800 Interest Income 4,000 2,239 1,761 56% 4,000 3801 Gain or Loss on Investment - (8,205) 8,205 0% - Total Cemetery Endowment 59,000 40,053 18,947 68% - 59,000 302 Cemetery CIP
3900 Transfer In 50,000 - 50,000 0% - 50,000 Total Cemetery CIP 50,000 - 50,000 0% - 50,000 410 Admin DIF
3561 DIF-Single Family Residence 4,600 1,952 2,648 42% 4,600 Total Admin DIF 4,600 1,952 2,648 42% - 4,600 420 Public Facilities DIF
3561 DIF-Single Family Residence 30,100 26,986 3,114 90% 30,100 3563 DIF-Commercial 4,700 4,645 55 99% 4,700 Total Public Facilities DIF 34,800 31,632 3,168 91% - 34,800 421 Police DIF
3561 DIF-Single Family Residence 17,800 17,127 673 96% 17,800 3563 DIF-Commercial 2,800 2,755 45 98% 2,800 Total Police DIF 20,600 19,882 718 97% - 20,600 422 Animal Shelter DIF
3561 DIF-Single Family Residence 19,600 23,106 (3,506) 118% 19,600 Total Animal Shelter DIF 19,600 23,106 (3,506) 118% - 19,600

City of Wildomar
Revenue Group Budget Report
3rd Quarter Report FY 2021/22
July 1st, 2021 to March 31st, 2022
9 Month Remaining % Requested Proposed
Account Number Budget Actuals Budget Received Budget Change Budget 423 Corp Yard DIF
3561 DIF-Single Family Residence 6,200 - 6,200 0% 6,200 3563 DIF-Commercial 1,000 954 46 95% 1,000 Total Corp Yard DIF 7,200 954 6,246 13% - 7,200 430 Fire Facilities DIF
3561 DIF-Single Family Residence 34,500 33,198 1,302 96% 34,500 3563 DIF-Commercial 5,400 5,311 89 98% 5,400 Total Fire Facilities DIF 39,900 38,509 1,391 97% - 39,900 440 Trans-Roads DIF
3561 DIF-Single Family Residence 242,100 232,990 9,110 96% 242,100 3563 DIF-Commercial 192,600 192,581 19 100% 192,600 Total Trans-Roads DIF 434,700 425,571 9,129 98% - 434,700 450 Trans-Signals DIF
3561 DIF-Single Family Residence 31,500 30,354 1,146 96% 31,500 3563 DIF-Commercial 22,100 22,002 98 100% 22,100 Total Trans-Signals DIF 53,600 52,356 1,244 98% - 53,600 451 Drainage DIF
3561 DIF-Single Family Residence 144,400 96,988 47,412 67% 144,400 Total Drainage DIF 144,400 96,988 47,412 67% - 144,400 460 Park Land Acquisition DIF
3561 DIF-Single Family Residence 46,800 45,044 1,756 96% 46,800 Total Park Land Acquisition DIF 46,800 45,044 1,756 96% - 46,800 461 Park Improvements DIF
3561 DIF-Single Family Residence 307,700 275,723 31,977 90% 307,700 Total Park Improvements DIF 307,700 275,723 31,977 90% - 307,700 470 Community Ctr DIF
3561 DIF-Single Family Residence 37,200 35,854 1,346 96% 37,200 Total Community Ctr DIF 37,200 35,854 1,346 96% - 37,200 480 Multipurpose Trails DIF
3561 DIF-Single Family Residence 59,100 56,889 2,211 96% 59,100 3563 DIF-Commercial 9,200 9,111 89 99% 9,200 Total Multipurpose Trails DIF 68,300 66,000 2,300 97% - 68,300

City of Wildomar
Revenue Group Budget Report
3rd Quarter Report FY 2021/22
July 1st, 2021 to March 31st, 2022
9 Month Remaining % Requested Proposed
Account Number Budget Actuals Budget Received Budget Change Budget 500 RMRA Capital Projects
3540 RMRA Revenue 714,300 371,184 343,116 52% 714,300 Total RMRA Capital Projects 714,300 371,184 343,116 52% - 714,300 501 Capital Reinvestment
3541 EVMWD Reimb. Payments 59,300 - 59,300 0% - 59,300 3900 Transfer In 200,000 - 200,000 0% 200,000 Total Capital Reinvestment 259,300 - 259,300 0% - 259,300 502 RCFC Fund
3540 Grant Revenue 206,300 - 206,300 0% 206,300 Total RCFC 206,300 - 206,300 0% - 206,300 503 TUMF Fund
3540 Grant Revenue 5,445,100 509,680 4,935,420 9% 5,445,100 Total TUMF 5,445,100 509,680 4,935,420 9% - 5,445,100 506 HSIP Fund
3540 Grant Revenue 16,900 16,852 48 100% 16,900 3900 Transfers In 65,000 - 65,000 0% 65,000 Total HSIP 81,900 16,852 65,048 21% - 81,900 507 Misc State Funded Projects
3540 Grant Revenue 440,900 - 440,900 0% 440,900 Total Misc State Funded Projects 440,900 - 440,900 0% - 440,900 508 Local Capital grants-Misc
3540 Grant Revenue 3,516,000 - 3,516,000 0% 3,516,000 Total Local Capital Grants-Misc 3,516,000 - 3,516,000 0% - 3,516,000 Total 40,757,200$ 20,366,901$ 20,390,299$ 50% 1,863,300 42,620,500$

Fund Budget 9 Month Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget
General Fund
100 General Fund
General Government
City Council 320,500$ 121,632$ 198,868$ 38% -$ 320,500$ City Manager 638,000 247,458 390,542 39% - 638,000 City Clerk 282,000 88,971 193,029 32% - 282,000 City Attorney 104,400 31,960 72,440 31% - 104,400 Economic Development 316,800 129,482 187,318 41% - 316,800 Administrative Services 719,800 369,132 350,668 51% - 719,800 Human Resources 137,900 61,013 76,887 44% - 137,900 Community Services 69,100 15,015 54,085 22% - 69,100 O'Brien Park 1,500 - 1,500 0% - 1,500 Ball Fields 23,700 7,645 16,055 32% - 23,700 11 Acre Park 900 - 900 0% - 900 27 Acre Park 2,400 789 - 33% - 2,400 Non-Departmental/Facilities 1,267,100 666,009 601,091 53% 283,500 1,550,600 General Government Total 3,884,100 1,739,106 2,144,995 45% 283,500 4,167,600 Community Development
Community Development Administration 187,200 44,915 142,285 24% - 187,200 Planning Commission 13,600 9,963 3,637 73% - 13,600 Building and Safety 617,400 310,174 307,226 50% - 617,400 Planning 318,100 126,657 191,443 40% - 318,100 Private Development 475,400 389,442 85,958 82% - 475,400 Development Engineering 558,100 211,560 346,540 38% - 558,100 Cannabis Compliance 77,400 349 77,051 0% - 77,400 Code Enforcement 424,900 205,314 219,586 48% - 424,900 Community Development Total 2,672,100 1,298,373 1,373,727 49% - 2,672,100 Public Works/Engineering 675,000 148,136 526,864 22% - 675,000 Public Safety
Office of Emergency Mgmt 25,100 560 24,540 2% - 25,100 Police 5,319,700 2,205,542 3,114,158 41% - 5,319,700 Fire 2,264,500 481,877 1,782,623 21% - 2,264,500 Animal Control 496,100 309,817 186,283 62% - 496,100 Public Safety Total 8,105,400 2,997,797 5,107,603 37% - 8,105,400 100 General Fund Total 15,336,600 6,183,410.84 9,153,189 40% 283,500$ 15,620,100

CITY OF WILDOMAR
Expenditure Status Report
3rd Quarter FY 2021-22
July 1, 2021 to March 31, 2022

Fund Budget 9 Month Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
3rd Quarter FY 2021-22
July 1, 2021 to March 31, 2022
110 Development Agreement
Bundy Canyon/Sellers Traffic Signal CIP077 82,500 - 82,500 0% - 82,500 Total Development Agreement 82,500 - 82,500 0% - 82,500 115 American Rescue Plan Act
General Government 900,600 263,663 636,937 29% 85,100 985,700 Public Works 6,500 5,785 715 89% 6,500 13,000 Public Safety 215,800 31,235 184,565 14% (49,000) 166,800 Cemetery 4,300 2,988 1,312 69% 200 4,500 Total ARPA 1,127,200 303,672 823,528 27% 42,800 1,170,000 120 Measure AA
Public Works/Engineering 500,000 237,857 262,143 48% - 500,000 Palomar/Clinton Keith Sidewalk CIP059 231,400 - 231,400 0% - 231,400 Right-of-Way Enhancement Program CIP066 100,000 - 100,000 0% - 100,000 Bundy/Sellers Traffic Signal CIP077 30,400 - 30,400 0% - 30,400 Bundy/Monte Vista Traffic Signal CIP078 133,600 - 133,600 0% - 133,600 Monte Vista/Wall at Line C Basin CIP079 25,000 3,015 21,985 12% - 25,000 New Fire Station Site Planning CIP093 50,000 - 50,000 0% - 50,000 Palomar Widening CIP028-2 115,000 - 115,000 0% - 115,000 Auditing/Admin Services 2,800 2,750 50 98% - 2,800 Non-Departmental/City Facilities 100 52 48 52% - 100 Bundy Canyon/Scott Road Widening 274,500 1,434 273,066 1% - 274,500 Slurry Seal 200,000 200,000 - 100% - 200,000 Code Enforcement 126,300 4,170 122,130 3% - 126,300 Police 886,300 406,391 479,909 46% - 886,300 Fire 1,518,000 338,840 1,179,160 22% - 1,518,000 Community Services-Homeless Program 157,000 129,543 27,457 83% 12,000 169,000 Total Measure AA 4,350,400 1,324,053 3,026,347 30% 12,000 4,362,400 125 General Plan Update
General Plan Update 557,000 - 557,000 0% - 557,000 Total General Plan Update 557,000 - 557,000 0% - 557,000 All General Funds Total: 21,453,700 7,811,136 13,642,564 36% 338,300 21,792,000

Fund Budget 9 Month Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
3rd Quarter FY 2021-22
July 1, 2021 to March 31, 2022
Non-General Funds
200-GAS TAX
Public Works/Engineering 936,200 391,887 544,313 42% - 936,200 Total Gas Tax 936,200 391,887 544,313 42% - 936,200 201-MEASURE A
Public Works/Engineering 804,700 210,136 594,564 26% - 804,700 Total Measure A 804,700 210,136 594,564 26% - 804,700 203 TDA
Palomar/Clinton Keith Sidewalk & Bike Trail CIP059 275,000 - 275,000 0% - 275,000 Bundy Canyon Sidewalk & Bike Lane CIP092 300,000 - 300,000 0% - 300,000 Total TDA 575,000 - 575,000 0% - 575,000 210 AQMD
Public Works/Engineering 6,800 - 6,800 0% - 6,800 Right-of-Way Enhancement Program CIP066 45,000 - 45,000 0% - 45,000 Total AQMD 51,800 - 51,800 0% - 51,800 251 LLMD 89-1C
General Government - 1,012 (1,012) 0% - - Public Works/Engineering Streelights - 8,604 (8,604) 0% - - Zone 3 Landscaping 116,200 64,171 52,029 55% - 116,200 Zone 18 600 - 600 0% - 600 Zone 26 700 - 700 0% - 700 Zone 27 1,300 252 1,048 19% - 1,300 Zone 29 1,400 536 864 38% 300 1,700 Zone 30 15,100 4,385 10,715 29% (300) 14,800 Zone 35 300 - 300 0% - 300 Zone 42 29,800 13,543 16,257 45% - 29,800 Zone 50 300 - 300 0% - 300 Zone 51 11,600 2,427 9,173 21% - 11,600 Zone 52 14,800 5,429 9,371 37% - 14,800 Zone 59 Streetlights 2,200 218 1,982 10% 300 2,500 Zone 59 Landscape 700 750 (50) 107% (300) 400 Zone 62 14,400 3,364 11,036 23% - 14,400 Zone 67 4,100 719 3,381 18% - 4,100 Zone 70 600 - 600 0% - 600 Zone 71 Streetlights 300 - 300 0% - 300 Zone 71 Landscape 4,500 2,318 2,182 52% - 4,500 Zone 73 Streetlights 500 - 500 0% - 500 Zone 181 Streetlights 1,600 353 1,247 22% - 1,600 Zone 181 Landscape 4,500 634 3,866 14% - 4,500 CIP091 Catch Basin Retrofit Project 242,000 600 241,400 0% - 242,000 LLMD 89-1C Total 467,500 109,315 358,185 23% - 467,500 252 CSA-22
Street Lights 45,500 7,616 37,884 17% - 45,500 CSA-22 45,500 7,616 37,884 17% - 45,500

Fund Budget 9 Month Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
3rd Quarter FY 2021-22
July 1, 2021 to March 31, 2022
253 - CSA 103
Landscape & Drainage 19,200 7,987 11,213 42% - 19,200 Street Lights 180,300 27,307 152,993 15% - 180,300 CSA-103 199,500 35,294 164,206 18% - 199,500 254 - CSA 142
Public Works 3,100 - 3,100 0% - 3,100 Street Lights 31,700 4,864 26,836 15% - 31,700 CSA-142 34,800 4,864 29,936 14% - 34,800 255 Measure Z - Parks
Community Services 85,400 29,448 55,952 34% - 85,400 City Manager 17,600 7,293 10,307 41% - 17,600 City Clerk 9,200 3,835 5,365 42% - 9,200 O'Brien Park 210,200 100,310 109,890 48% - 210,200 Heritage Park 66,500 25,103 41,397 38% - 66,500 Windsong Park 67,200 29,912 37,288 45% - 67,200 Malaga Park 20,900 8,523 12,377 41% - 20,900 Total Measure Z Park 477,000 204,424 272,576 43% - 477,000 CFD's
259 CFD 20171 DIF Deferral 83,800 2,042 81,758 2% - 83,800 260 CFD 2013-1 Maintenance 54,100 29,654 24,446 55% 5,400 59,500 261 CFD 2013-1 Annex 1 Zone 3 69,500 3,829 65,671 6% - 69,500 262 CFD 2013-1 Annex 2 Zone 4 1,200 691 509 58% - 1,200 263 CFD 2013-1 Annex 3 Zone 5 40,600 2,421 38,179 6% - 40,600 266 CFD 2013-1 Annex 6 Zone 8 8,900 867 8,033 10% - 8,900 267 CFD 2013-1 Annex 7 Zone 9 11,100 - 11,100 0% - 11,100 269 CFD 2013-1 Spec Tax B 17,300 - 17,300 0% - 17,300 270 CFD 2013-1 Zone 11 16,800 354 16,446 2% - 16,800 271 CFD 2013-1 Zone 13 1,100 - 1,100 0% - 1,100 272 CFD 2013-1 Zone 14 6,800 - 6,800 0% - 6,800 273 CFD 2013-1 Zone 15 16,500 - 16,500 0% - 16,500 274 CFD 2013-1 Zone 16 7,000 - 7,000 0% - 7,000 276 CFD 2013-1 Zone 18 19,800 - 19,800 0% - 19,800 277 CFD 2013-1 Zone 19 15,600 - 15,600 0% - 15,600 279 CFD 2013-1 Zone 21 2,400 - 2,400 0% - 2,400 Total CFD's 372,500 39,859 332,641 11% 5,400 377,900 280-Grants
280-430 Housing Element Study 2020/21 131,200 - 131,200 0% - 131,200 280-xxx CalRecycle SB1383 Grant 50,000 - 50,000 0% - 50,000 280-962 CalRecycle CCPP Grant 10,000 - 10,000 0% - 10,000 280-990 Multi-Family Design Guidelines 16,300 - 16,300 0% - 16,300 280-991 Zoning Consistency Program 92,900 34,181 58,719 37% - 92,900 Total Grants 300,400 34,181 266,219 11% - 300,400 281-SLESF-COPS Grant 150,000 - 150,000 0% - 150,000 SLESF 150,000 - 150,000 0% - 150,000 282-CDBG
Sedco Sidewalk Improvement III 32,500 7,971 24,529 25% - 32,500 CDBG 32,500 7,971 24,529 25% - 32,500

Fund Budget 9 Month Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
3rd Quarter FY 2021-22
July 1, 2021 to March 31, 2022
283 PEG Grant
Services and Equipment 26,800 1,500 25,300 6% - 26,800 Total PEG Grant 26,800 1,500 25,300 6% - 26,800 284 Streetlight
Public Works 173,700 - 173,700 0% - 173,700 Total Streetlight Fund 173,700 - 173,700 0% - 173,700 290 COVID-19
General - 2,450 (2,450) - - Total COVID-19 Fund - 2,450 (2,450) 0% - - 300 Cemetery 948,600 300,836 647,764 32% - 948,600 Cemetery 948,600 300,836 647,764 32% - 948,600 302-Cemetery Capital Improvement Projects
Cemetery Frontage Improvements CIP067-1 50,000 23,229 26,771 46% - 50,000 Cemetery CIP 50,000 23,229 26,771 46% - 50,000 410-Admin DIF 15,000 23,762 (8,762) 158% - 15,000 Total Admin DIF 15,000 23,762 (8,762) 158% - 15,000 422-Animal Shelter DIF 48,800 - 48,800 0% - 48,800 Total Animal Shelter DIF 48,800 - 48,800 0% - 48,800 440-Trans-Road DIF 1,732,400 117,515 1,614,885 7% - 1,732,400 Total Trans - Road DIF 1,732,400 117,515 1,614,885 7% - 1,732,400 450- Trans -Signals DIF
Bundy Canyon/Orchard St. Traffic Signal CIP075 36,000 - 36,000 0% - 36,000 Bundy Canyon/Sellers TS CIP 077 276,100 - 276,100 0% - 276,100 Bundy Canyon/Monte Vista TS CIP 078 222,000 - 222,000 0% - 222,000 Total Trans - Signals DIF 534,100 - 534,100 0% - 534,100 451- Drainage DIF
Storm Drain Line F Extension CIP039 123,600 - 123,600 0% - 123,600 Bundy Canyon Rd. Widening CIP026 - 17,330 (17,330) - - Total Drainage DIF 123,600 17,330 106,270 14% - 123,600 461- Park Improvements DIF
New 27 Acre Park 256,800 24,652 232,149 10% - 256,800 Total Park Improvement DIF 256,800 24,652 232,149 10% - 256,800 490-Library DIF 19,000 774 18,226 4% - 19,000 Total Library DIF 19,000 774 18,226 0% - 19,000

Fund Budget 9 Month Actual
Expenditure
Remaining
Budget
Percent
Used
Requested
Budget
Change
Proposed
Budget

CITY OF WILDOMAR
Expenditure Status Report
3rd Quarter FY 2021-22
July 1, 2021 to March 31, 2022
500-RMRA Capital Projects
500-057 Pavement Rehab Program CIP057 930,000 350,339 579,661 38% - 930,000 500-060 Lemon St Drainage and Pavement CIP060 170,000 - 170,000 0% - 170,000 Total RMRA Capital Projects 1,100,000 350,339 749,661 32% - 1,100,000 501-Capital Reinvestment
501-410 ERP Replacement 200,000 - - 0% - 200,000 501-909 Bundy Canyon EVMWD Reimbursement 59,300 10,396 - 0% - 59,300 Total Capital Reinvestment 259,300 10,396 248,904 4% - 259,300 502-Riverside County Fund Control (RCFC) - Local
502-039 Line F Extension CIP039 206,300 161,046 45,254 78% - 206,300 Total RCFC 206,300 161,046 45,254 78% - 206,300
503-Transformation Uniform Mitigation Fee (TUMF) - Local 503-001 Palomar/Clinton Keith Bike Path CIP059 1,396,300 180,848 1,215,452 13% - 1,396,300 503-039 Line F Extension CIP039 81,900 - 81,900 0% - 81,900 503-909 Bundy Canyon/Scott Rd Widen CIP026 1,462,200 440,048 1,022,152 30% - 1,462,200 503-070 Bundy Canyon/I-15 Interchange Study CIP070 512,300 - 512,300 0% - 512,300 503-078 Baxter Rd/I-15 Interchange Study CIP074 512,400 - 512,400 0% - 512,400 503-090 Bundy Canyon West - Widen & ATP CIP090 30,000 - 30,000 0% - 30,000 503-092 Bundy Canyon Widening Sidewalks CIP092 42,000 450 41,550 1% - 42,000 503-912 Palomar Widening CIP028 628,500 137,982 490,518 22% - 628,500 503-913 Clinton Keith Widen CIP025 776,900 32,938 743,962 4% - 776,900 Total TUMF 5,442,500 792,266 4,650,234 15% - 5,442,500 506-Highway Safety Improvement Program (HSIP) - Federal 506-088 Harvest Way/Bundy Canyon TS CIP088 27,000 - 27,000 0% - 27,000 506-089 Traffic Signal Retrofits & Upgrd. CIP089 38,000 - 38,000 0% - 38,000 Total HSIP 65,000 - 65,000 0% - 65,000
507-State Funded Capital Projects - Miscellaneous - State 507-051 Local Road Safety Plan CIP051 31,500 685 30,815 2% - 31,500 507-909 Bundy Canyon CIP026 - CalOES Funding 409,400 - 409,400 0% - 409,400 Total Miscellaneous State Funded Projects 440,900 685 440,215 0% - 440,900 508-Local Capital Grants
508-909 Bundy Canyon Widening CIP026 RCTC 3,516,000 911,911 2,604,089 26% - 3,516,000 Total Local Capital Grants 3,516,000 911,911 2,604,089 26% - 3,516,000 Non-GF Funds Total: $19,406,200 $3,784,237 $15,621,963 19.50% 5,400 $19,411,600 Grand Total- All Funds $40,859,900 $11,595,373 $29,264,527 28% 343,700$ 41,203,600$

CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #3.3

GENERAL BUSINESS
Meeting Date: April 13, 2022
______________________________________________________________________

TO: Mayor and Members of the City Council

FROM: Wildomar Disaster Council (WDC)

SUBJECT: Extension of the T emporary Use P ermit (TUP) regulations for outdoor commercial activities.

STAFF REPORT
RECOMMENDATION:

The Wildomar Disaster Council (WDC) recommends that the City Council a dopt an Uncodified Urgency Ordinance entitled:

ORDINANCE NO. ____

AN UNCODIFIED URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

REGARDING TEMPORARY USE PERMITS FOR

OUTDOOR COMMERCIAL ACTIVITIES
BACKGROUND:

The City Council on August 12, 2020 adopted Council Resolution No. 2020- 51 to implement a temporary use permit process for outdoor commercial activities (i.e., parking lot dining) so that these businesses (primarily restaurants) can continue to service customers outdoors. This resolution was adopted as a direct result of a health order from the California Department of Public Health issued on July 12, 2020 to close indoor operations at certain businesses, including but not limited to, dine-in restaurants to curb the COVID-19 infection rates. On June 15, 2021 the color-coded tier system (a blueprint for a safer economy ) was removed and indoor dining became available without restrictions.

DISCUSSION:

As Wildomar’s local businesses attempt to tr ansition out of the pandemic -imposed constraints, they continue to face the additional challenge of recovering from significant economic impacts especially in an inflationary cycle. In order to assist with the economic recovery of local Wildomar businesses that were impacted by the restrictions on indoor dining, staff is proposing the City Council adopt an Uncodified Urgency Ordinance (Attachment A) that will keep the temporary use permit process for outdoor commercial operations (e.g.; parking lot dining, etc.) through September 1, 2022. At the end of this period, all temporary outdoor commercial operations will need to cease, and facilities removed from the property . Upon adoption of the urgency ordi nance, City Council Resolution No. 2020- 51 (approved on August 12, 2020) will automatically be repealed and superseded by the new Ordinance.

FISCAL IMPACT:

There are no fiscal impacts.

Respectfully Submitted, Reviewed By,
Daniel A. York Thomas D. Jex
City Manager City Attorney
ATTACHMENTS:

A. City Council Ordinance No. ____
B. City Council Resolution 2020-51

ATTACHMENT A

City Council Ordinance

ORDINANCE NO. ___

AN UNCODIFIED URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

REGARDING TEMPORARY USE PERMITS FOR

OUTDOOR COMMERCIAL ACTIVITIES

THE CITY COUNCIL OF THE CITY OF WILDOMAR, STATE OF CALIFORNIA ORDAINS AS FOLLOWS:

SECTION 1. FINDINGS
The City Council finds and determines:

A. Between March 4, 2020 and March 17, 2020, the Governor of California, the Board of Supervisors of the County of Riverside, the President of the United States, and the City Council of the City of Wildomar declared an emergency in response to the COVID-19 (Corona Virus Disease 19).

B. On July 12, 2020, the California Department of Public Health ordered the closure of indoor operations at certain businesses, including but not limited to dine- in restaurants, to curb the COVID-19 infection rates.

C. On August 12, 2020, the City Council adopted its Resolution 2020- 51 for the purpose of protecting life and property impacted by State orders shutting down certain indoor commercial operations and implementing a temporary use permit process for outdoor commercial activities pursuant to the authority granted by all applicable laws including, but not limited to, Government Code Section 8634 and Wildomar Municipal Code Chapter 2.32.

D. As of Ju ne 15, 2021, certain indoor commercial operations are no longer restricted by the State Department of Public Health.

E. As Wildomar’s local businesses attempt to transition out of the pandemic - imposed constraints, they are facing the additional challenge of recovering from significant economic impacts in an inflationary cycle.

F. Pursuant to the authority granted by all applicable laws including, but not limited to, the police powers granted by the California Constitution and Government Code Section 36937(b), for the immediate preservation of the public peace, health and safety, which is dependent, in part, on the economic recovery of local businesses that were impacted by the restrictions on certain indoor commercial operations, and therefore, based on the preceding findings, the City Council desires to continue a temporary use permit process for outdoor commercial activities.

SECTION 2. A PPLICABLE CODE SECTION
The temporary use permit process contained in Section 17.172.220 of the Wildomar Municipal Code may be utilized by the City to approve temporary outdoor commercial operations until September 1, 2022. The requirement of Section

17.172.220(A)(2) that a temporary use be “in conjunction with the repair or construction of streets, highways, or public utilities, for a period of time not to exceed six months” is hereby waived with respect to temporary uses proposed by businesses under this Ordinance.

SECTION 3. R EPEAL AND SUPERSESSION
Resolution No. 2020-51 is hereby repealed and superseded by this Ordinance.

SECTION 4. E FFECTIVE DATE
Pursuant to Government Code Section 36937, this Ordinance shall take effect immediately upon its adoption and shall remain in effect until September 1, 2022, unless sooner repealed, rescinded or superseded by action of the City Council.

SECTION 5. C ERTIFICATION
The City Clerk shall certify the adoption of this Ordinance and shall cause a certified Ordinance to be filed in the Office of the City Clerk.

PASSED, APPROVED AND ADOPTED this 13th day of April, 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 #3.4

GENERAL BUSINESS
Meeting Date: April 13, 2022
______________________________________________________________________

TO: Mayor and City Council Members

FROM: Kimberly Davidson, Economic Development Director

SUBJECT: Draft Legislative Platform

STAFF REPORT

RECOMMENDATION:

Staff is seeking input for the Draft Legislative Platform.

DISCUSSION:

The city would like to proactively support or oppose legislation which have current or future impacts on local government.

This Legislative Platform, once finalized, will provide guidance on bills to track, letters to send, and discussions to have with local representatives.

Comments and suggestions will be taken into consideration for the final Legislative Platform to be brought back to Council once complete for recommended adoption.

FISCAL IMPACT:

There are no fiscal impacts. Legislative Representation is included in the adopted operating budget [100-410-4120-52115].

Submitted by: Approved by:

Kimberly Davidson Dan York
Economic Development Director City Manager

ATTACHMENTS:

Draft Legislative Platform
City of Wildomar - 2022 Legislative Platform
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
City of Wildomar

2022 Legislative Platform

STATE & FEDERAL

City of Wildomar - 2022 Legislative Platform 1 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595

WILDOMAR CITY COUNCIL
2022

COUNCIL LONG-TERM GOALS:

• Open, informed, and democratic public decisions;

• Responsive and appropriate legislation and policy;

• Effective and efficient execution of adopted laws and regulations;

• Provide legislative leadership beneficial to the residents and businesses of the City and enhance quality of life for residents, businesses and visitors alike and the value of the properties within the City.

City of Wildomar - 2022 Legislative Platform 2 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595

WILDOMAR DISTRICT MAP
(as of November 2022)

City of Wildomar - 2022 Legislative Platform 3 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
Table of Contents

Introduction ……………………………………………………………………………………………………………………………4

Purpose …………………………………………………………………………………………………………………………………. 4

2022 Legislative Platform ………………………………………………………………………………………………………. 5

City of Wildomar - 2022 Legislative Platform 4 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
Introduction

Wildomar incorporated on July 1, 2008, and the community prides itself in being a mix of old and new. Founded in 1886 with the establishment of the Post Office and Elementary School, Wildomar was an outpost for the pony express and a stop for the Southern California Railroad.

Located along Interstate 15 in Southwest Riverside County, Wildomar is the gateway to the beautiful and historic Santa Rosa Plateau within the Cleveland National Forest. Wildomar is a growing community with a population of just over 37,000 and offers spacious rural living charm but also has several new residential developments. This area offers small-town charm with easy access to shopping, cultural activities, entertainment, and recreation. The City’s location along the I-15 corridor places it in an advantageous position for future business and commercial development.

Purpose

The primary purpose of a Legislative Platform is to adopt official City positions on matters affecting Wildomar at the local, regional, state, and federal levels. The approved platform allows City staff and legislative advocates to address and track issues in a timely manner pursuant to established procedures.

City of Wildomar - 2022 Legislative Platform 5 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
2022 Legislative Platform

The 2022 Legislative Platform reflects the Wildomar City Council’s declared policy positions. The purpose of the platform is to further advance the adopted goals and objectives of the City Council by providing direction and guidance to City officials and staff while considering legislation pending at the state and federal levels. The platform will enable City staff to efficiently affect legislative bills based on the overarching principles of prudent fiscal stability, protection of local control and transparent government.

Overarching Guidelines

1. Preservation of Local Control
Support measures that preserve and protect the City’s general law powers and duties to enact legislation and policy direction concerning local affairs. Oppose measures that reduces, eliminates, preempts local control or authority, or conflicts with other legislative priorities.

2. Promotion of Fiscal Stability
Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve and promote the City’s revenue base. Oppose measures that shift local funds to the County, State or Federal government without offsetting benefit, or imposes penalties on cities.

3. Support Funding Opportunities
Support measures that allow the City to compete for its fair share of regional, State and Federal funding including competitive grants and other funding programs. Support measures that promote dedicated funding streams at the regional, State and Federal levels allowing the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards.

1. General Government

Oppose all legislation which preempts local control including, but not limited to, land-use planning, formation of a charter city and local public meeting procedures. Support legislation which provides greater local control, including but not limited to, reorganization of special districts, labor relations, city council vacancies, and interagency cooperation.

a. Support legislation that would support new financing tools and programs that would encourage economic development through tax increment financing.

b. Oppose legislation to decrease Federal Community Block Grant funding.

c. Support legislation to hold the State of California and State agencies to the same transparency and accountability standards as cities.

City of Wildomar - 2022 Legislative Platform 6 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
d. Support legislation promoting alternative and electronic posting and noticing of public hearings and meetings, including online posting.

e. Support tort reform efforts specific to ending frivolous lawsuits aimed at municipalities.

f. Support measures that provide relief to businesses and the City due to impacts of a natural disaster, wild fire or pandemic.

g. Oppose any measure that imposes upon local government mandated employee benefits that are more properly decided at the local level.

2. Local Government Finance

Oppose any measure that would make local agencies more dependent on the State or Federal Government for financial stability and policy direction.

a. Oppose all realignment efforts by the State when the full and necessary funding is not appropriated in advance.

b. Oppose measures that would impose State and Federal mandated costs for which there is no guarantee of local reimbursement or offsetting benefits (i.e., unfunded mandates).

c. Oppose any measure that restricts or limits a public entity’s ability to use tax-exempt debt or tax increment financing for the purchase or construction of public purpose improvements.

d. Support efforts which make funds to support public facilities more available to local municipalities including, but not limited to libraries and open space.

e. Oppose any measure that would divert local funds to the State, or any other entity, to balance the State’s, or any other entity’s, budget.

f. Oppose efforts that either increase the City’s liability or decrease outside parties’ liability concerning municipal finances.

g. Oppose any change in tax allocations, which would negatively affect local government.

h. Support legislation to stabilize State and local government financing, to increase funding to local agencies in an equitable manner, and to permit the most cost-efficient management of State-mandated programs.

i. Support a statutory or constitutional redistribution of property tax revenues which more equitably reflects local government responsibilities.

City of Wildomar - 2022 Legislative Platform 7 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
j. Oppose legislation which would reduce local discretion over locally imposed taxes such as transient occupancy tax.

k. Oppose legislation which would restrict or eliminate the availability of traditional government financing instruments or practices.

l. Support legislation that would redistribute State and Federal revenues to better meet local government responsibilities.

m. Support any measure that would provide greater local control over how local funds are expended.

n. Oppose any attempts or measures that seek to weaken taxpayer protections, or whose purpose is to raise tax revenues at the expense of the residential or business community.

o. Oppose any legislation regarding short-term residential rentals that creates a cost burden to local government services.

p. Oppose legislation that limits power of local government to negotiate indemnification protection in public contracts.

q. Oppose legislation that would prohibit, or limit, local governments’ ability to contract out for the provision of services.

3. Economic Development

Support legislation that supports local businesses and industry, including measures that remove barriers allowing local industries to sell goods and services locally and internationally (i.e., free trade agreements).

a. Support additional efforts to provide local governments with the tools necessary for economic development and/or redevelopment.

b. Support legislation and efforts to re-establish tax increment financing and other economic development tools.

c. Support all attempts to encourage higher education and Career Technical Education (CTE) as well as vocational and skilled certification opportunities.

4. Transportation

Call upon the federal government to fix the outdated, inefficient, and insolvent highway trust fund and support measures that provide local and regional funding opportunities for local transportation and system projects.

City of Wildomar - 2022 Legislative Platform 8 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595

a. Support legislation that provides for a more equitable distribution of Federal and State highway funds for local right-of-way maintenance.

b. Oppose measures that attempt to raise Federal and/or State revenues for transportation funding through new or increased taxes or fees.

c. Support legislation that encourages the responsible implementation of alternative fuels/electric vehicles and support funding opportunities for related infrastructure at the local level.

5. Land Use Planning

Oppose any effort to lessen local control of local agencies to prepare, adopt and implement fiscal plans for orderly growth, development, beautification, and conservation of local planning areas, including, but not limited to, the regulatory authority over land use, zoning, subdivisions, annexations, and redevelopment areas.

a. Oppose legislation that penalizes a city if units identified in the Regional Housing Need Assessment (RHNA) are not constructed.

b. Oppose legislation, regulatory proposals, or administrative actions that limit or eliminate local discretionary review of the installation of any public utilities, including but not limited to broadband/wireless equipment or any wireless technology facilities on public infrastructure or in the public right of way.

c. Oppose legislation that would allow for more than one residential unit in single-family residential zones, excluding accessory dwelling units.

6. Law Enforcement and Judicial

Oppose legislation that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by the guilty party; oppose any effort to lessen local control of local law enforcement agencies.

a. Oppose legislation that limits and/or hinders local law enforcement from effectively preventing crime.

b. Support legislative efforts that address the negative impacts and associated costs of any legislation that increases criminal activity or limits local law enforcement activities.

City of Wildomar - 2022 Legislative Platform 9 | Page
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595

7. Fire Service

Oppose any legislation that restricts local authority jurisdiction over the enforcement of fire and life safety regulations.

a. Support legislation that requires maintenance of defensible space in any area that could be prone to wildfire.

b. Support measures that provide funding to local agencies for training, effective disaster preparedness, homeland security, and emergency planning.

8. Social Service Programs

Support legislation providing an equitable distribution of State and Federal program resources to prevent and treat substance abuse, address homelessness and mental health issues.

a. Oppose all efforts of social service and program realignment where funding has not been fully appropriated.

b. Support legislation that addresses the complex issues of homelessness from a regional perspective that employ best practice strategies to reduce the number of people experiencing homelessness.

c. Support legislation that would provide increased funding to public safety agencies to enhance training to address community needs such as substance abuse, mental health issues and homelessness.

9. Resource Conservation and Management

Support measures which increase the water supply or improve water quality within the region and oppose legislation that imposes undue hardship on local agencies to implement environmental regulations.

a. Support efforts that encourage the use of energy and water conservation techniques, as long as those measures do not contain unnecessary punitive measures to residents, business owners and local agencies.

b. Support legislation that would protect consumers and small business owners and end excessive energy and water charges.

c. Support legislation promoting local control of current and future waste treatment facilities, hazardous materials rules, and regulations, and providing funds for site planning.

City of Wildomar - 2022 Legislative Platform 10 | Page 23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
d. Support measures which provide greater local control in meeting the environmental needs of the community, i.e., recycling/reclaiming of natural resources and energy efficiency measures.

10. Parks and Recreation Programs

Support legislation that maintains local control and provides adequate and consistent funding to support the acquisition, development, and operation and maintenance requirements of recreation, parks, and community services agencies at the local, State, and Federal levels.

a. Support legislation that provides funding to support public art, both performing and visual.

b. Support legislation that provides funding or otherwise promotes programs to address and increase the level of physical activity within our community.

c. Support legislation that provides funding for beautification programs at the local level.

d. Oppose legislation that directs park and recreation funds only to disadvantaged communities without including underserved communities.

11. Regional Governance

Support legislation that reflects a positive, collective, and cohesive approach to regional solutions, as long as local control is maintained.

a. Support measures that would provide enhanced transparency and performance evaluation of county-run programs and services. Support efforts to provide equitable funding from counties to cities to address public health, including mental health and homelessness issues.

Support efforts to enhance communication between counties and cities.

CITY OF WILDOMAR – CITY COUNCIL
Agenda Item #3.5

GENERAL BUSINESS
Meeting Date: April 13, 2022
______________________________________________________________________

TO: Mayor and City Council Members

FROM: Janet Morales, City Clerk

SUBJECT: Committees, Commissions, and Boards Appointment

STAFF REPORT

RECOMMENDATION:

Staff recommends that the City Council:

1. Review the current list of committees, commissions, and boards and update appointments as necessary.

2. Add and appoint two members to serve on the Finance Subcommittee.

DISCUSSION:

At the December 15, 2021 City Council Meeting, staff brought the appointment list of the Council Committees, Commissions and Boards for approval. On March 16, 2022, former Councilmember Swanson resigned and Councilmember DePhillippo was appointed . It would be appropriate to review the list of committees, commissions and board and make updates to the appointments as necessary.

In addition, staff is recommending that the City Council re-add the Finance Subcommittee and appoint two members to serve. The purpose of the subcommittee would be to review and make recommendations on issues that would affect the City and District finances before they are brought to the full Council/Board for consideration.

Submitted by: Approved by:

Janet Morales, CMC Daniel York
City Clerk City Manager

ATTACHMENTS:

List of committees, commissions, and boards as of 12/15/2021