CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
WEDNESDAY, JULY 13, 2022
Closed Session 5 PM | Regular Session 6 PM
COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106 WILDOMAR, CA 92595 Ben J. Benoit - Mayor/ Chair | District 1
Joseph Morabito - Mayor Pro Tem/ Vice Chair | District 3 Ashlee DePhillippo - Council Member/ Trustee | District 5 Bridgette Moore- Council Member/ Trustee | District 4
Dustin Nigg - Council Member/ Trustee | District 2
Daniel York, City Manager/General Manager Thomas D. Jex, City Attorney/District Counsel The City of Wildomar will be a Safe and Active Community with Responsible Growth and Quality Infrastructure while keeping a Hometown Feel
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
1 NOTICE:
City Council meetings may be live-streamed, photographed and/or videotaped. Participation at the meeting constitutes consent by members of the public to the City’s and any third party’s use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.
CALL TO ORDER – CLOSED SESSION - 5:00 P.M.
ROLL CALL
PUBLIC COMMENTS ON CLOSED SESSION
CLOSED SESSION
CLOSED SESSION
Submitted By: Thomas D Jex
RECOMMENDATION:
1. The City Council will meet in closed session pursuant to the provisions of Government Code Sections 54956.9 (d)(1) and (4) to confer with legal counsel with regard to the following matter of pending and potential initiation of litigation:
City of Long Beach, et al v. Monsanto Company, et al, United States Central District Court, Case No.: 2:16-cv-03493-FMO-AS
2. The City Council will meet in closed session to hold a conference with its unrepresented employee representative City Manager Dan York regarding labor negotiations with unrepresented employees pursuant to Government Code 54957.6.
RECONVENE INTO OPEN SESSION
ANNOUNCEMENTS
ADJOURN CLOSED SESSION
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
ROLL CALL
FLAG SALUTE
PRESENTATIONS
1. Proclamation: Eagle Scout Brayden Oliver
2. Riverside County Habitat Conservation Agency (RCHCA) award presentation to the City
3. LifeStream Blood Bank Public Awareness Announcements
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
2 1 General Plan Update Briefing - Envision Wildomar 2040: The Future By Design
Submitted By: Matthew Bassi
RECOMMENDATION:
Receive and File Presentation
2 Economic Development Department Update
Submitted By: Kimberly Davidson
RECOMMENDATION:
Receive and File Presentation
1. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Council, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.
DEPARTMENT REPORTS
PUBLIC COMMENTS
This is the time when the Council receives general public comments regarding any items or matters within the jurisdiction that do not appear on the agenda.
COUNCIL COMMUNICATIONS
1. Community events
2. Regional events
3. Chamber of Commerce
4. Riverside Conservation Authority (RCA)
5. Riverside Transit Agency (RTA)
6. Riverside County Transportation Commission (RCTC)
7. League of California Cities
8. Southern California Association of Governments (SCAG)
9. Riverside County Habitat Conservation Agency (RCHCA)
10. Western Riverside Council of Governments (WRCOG)
11. South Coast Air Quality Management District (SCAQMD)
12. Southwest Community Financing Authority (Animal Shelter)
13. Ad Hoc & Subcommittees
APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented, or, if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time.
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
3 1.1 Reading of Ordinances
Submitted By: Janet Morales
RECOMMENDATION:
Approve the reading by title only of all Ordinances on this agenda.
1.2 Minutes - May 11, 2022 Regular Meeting
Submitted By: Janet Morales
RECOMMENDATION:
Approve the Minutes as presented
1.3 Warrant Register June 2022
Submitted By: Nicholas Neidiffer
RECOMMENDATION:
Staff recommends that the City Council approve the following:
1. Warrant Register dated 06-02-2022 in the amount of $79,353.89.
2. Warrant Register dated 06-09-2022 in the amount of $427,478.35.
3. Warrant Registers dated 06-16-2022 in the amount of $123,057.25.
4. Warrant Register dated 06-23-2022 in the amount of $169,919.45.
5. Warrant Register dated 06-30-2022 in the amount of $1,250,727.34.
6. Wire Transfer Register dated 06-30-2022 in the amount of $59,650.35.
7. Payroll Register dated 07-01-2022 in the amount of $206,536.89.
1.4 May 2022 Treasurers Report
Submitted By: Robert Howell
RECOMMENDATION:
Approve the Treasurer’s Report for May 2022.
1.5 Road Construction Updates - Public Works/Engineering Department Submitted By: Emily Stadnik
RECOMMENDATION:
Receive and file the Road Construction Updates from the Public Works/Engineering Department
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
4 1.6 2nd Reading of Ordinance No. 218 and 219 for the Inland Valley Medical Center Expansion Project.
Submitted By: Matthew Bassi
RECOMMENDATION:
1. Adopt an Ordinance entitled: ORDINANCE NO. 218, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 20-0116 TO CHANGE THE EXISTING ZONING
DESIGNATION FROM I-P (INDUSTRIAL PARK) AND C-P-S (SCENIC HIGHWAY COMMERCIAL) TO M-C (MEDICAL CENTRE) ZONE FOR ENTIRE 22.24-ACRE
SITE TO ACCOMMODATE THE PROPOSED INLAND VALLEY MEDICAL
CENTER HOSPITAL EXPANSION PROJECT LOCATED AT 36485 INLAND VALLEY DRIVE (APN: 380-250-026)
2. Adopt an Ordinance entitled: ORDINANCE NO. 219, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2022-04 (PA 20-0116) TO AMEND TITLE 17 OF THE WILDOMAR MUNICIPAL CODE TO ADD CHAPTER 17.86 (MEDICAL CENTER ZONE) TO ESTABLISH USE AND DEVELOPMENT
STANDARDS FOR MEDICAL CENTERS IN THE CITY OF WILDOMAR
1.7 Second Reading and Adoption of Special Tax Ordinance for Community Facilities District No. 2022-2 (Horizon Place)
Submitted By: Emily Stadnik
RECOMMENDATION:
Conduct the second reading of and adopt: ORDINANCE NO. 221, ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA ACTING
IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-2 (HORIZON PLACE) OF THE CITY OF WILDOMAR
AUTHORIZING THE LEVY OF SPECIAL TAXES
1.8 Second Reading and Adoption of Special Tax Ordinance for Community Facilities District No. 2022-1 (Services)
Submitted By: Emily Stadnik
RECOMMENDATION:
Conduct the second reading of and adopt: ORDINANCE NO. 220, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) OF THE CITY OF
WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
5 1.9 Professional Services Agreement for On-Call Geotechnical and Materials Testing Services with Geocon West, Inc.
Submitted By: Jason Farag
RECOMMENDATION:
Authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. for On-Call Geotechnical and Materials Testing Services.
1.10 Fifth Amendment to Design Professional Services Agreement with Parsons Transportation Group for the Bundy Canyon Road Project
Submitted By: Jason Farag
RECOMMENDATION:
Authorize the City Manager to execute the Fifth Amendment to the Design Professional Services Agreement with Parsons Transportation Group, Inc. for Engineering Services for the Bundy Canyon Road Improvement Project.
1.11 First Amendment to Agreement with MuniServices LLC for Sales and Use Tax Analysis, Reporting & Audit Services and Franchise Fee and Transient Occupancy Tax (TOT) Audit Services
Submitted By: Robert Howell
RECOMMENDATION:
Approve and authorize the City Manager to execute an amendment with MuniServices LLC for Sales and Use Tax Analysis (SUTA), Sales/Use Tax Reporting Services (STARS) and Franchise Fee (FF) and Transient Occupancy Tax (TOT) Audit Services for the City of Wildomar.
1.12 First Amendment to Agreement for Services between the City of Wildomar and HR Dynamics & Performance Management, Inc.
Submitted By: Robert Howell
RECOMMENDATION:
Approve the First Amendment to the Agreement between the City of Wildomar and HR Dynamics & Performance Management, Inc. as requested, with an additional $13,000 approved for the FY 2021/22 Human Resources Contractual Services budget and an additional $51,250 added for the FY 2022/23 Human Resources Contractual Services budget.
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
6 1.13 Contractual Services Agreement between the City of Wildomar and FoBro Consulting, LLC
Submitted By: Robert Howell
RECOMMENDATION:
Approve and authorize the City Manager to execute a contract with FoBro Consulting, LLC to provide consulting services for Homelessness program services, CDBG activities, and project-based developer reconciliation and billing services.
1.14 Acceptance of FY 2021 State Homeland Security Program (SHSP) Award Submitted By: Adam Jantz
RECOMMENDATION:
1. Accept $4,194 in funding from Riverside County’s FY 2021 State Homeland Security Program (SHSP);
2. Adopt a Resolution entitled: RESOLUTION NO. 2022 - XX, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING PARTICIPATION IN THE FY 2021 STATE HOMELAND SECURITY PROGRAM (SHSP) AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS FOR AND ON BEHALF OF THE CITY
1.15 Tribal Cultural Resources Monitoring Agreements and Project Budget Amendment - Palomar Street/Clinton Keith Road Sidewalk, Trail, and Bike Lane Connectivity Project (CIP 059)
Submitted By: Jason Farag
RECOMMENDATION:
1. Authorize the City Manager to execute Cultural Resource Monitoring Agreements with the Soboba Band of Luiseno Indians and the Pachanga Band of Indians..
2. Appropriate an additional $167,000 from Fund 503 (TUMF) for the project construction budget.
1.16 Levy and Collection of Special Taxes within Community Facilities District No. 2013-1 (Services) for Fiscal Year 2022-23
Submitted By: Jason Farag
RECOMMENDATION:
Adopt a Resolution entitled: RESOLUTION NO. 2022 - XX, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ORDERING
THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2013-1 (SERVICES) FOR FISCAL YEAR 2022-23
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
7 1.17 Measure AA Oversight Advisory Committee Appointments Submitted By: Janet Morales
RECOMMENDATION:
Review the application for Committee Membership and appoint Kathleen Kovich to the Measure AA Oversight Advisory Committee for a term ending June 2024.
2. PUBLIC HEARINGS
2.1 Authorization for Additional Solid Waste Fees Related to Short-Lived Climate Pollutant Reduction Law, (SB 1383) for CR&R Incorporated Submitted By: Adam Jantz
RECOMMENDATION:
Adopt a Resolution entitled: RESOLUTION NO. 2022 - XX, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
AUTHORIZING SB 1383 COMPLIANCE FEE ADJUSTMENTS FOR CR&R
INCORPORATED WASTE COLLECTION SERVICES
2.2 CFD 2022-1 (Services) Annexation No. 1 - Calling an Election, Ordering the Levy and Collection of Special Taxes, and Declaring the Election Results Submitted By: Emily Stadnik
RECOMMENDATION:
1. Open the public hearing;
2. Take testimony;
3. Close the public hearing;
4. Adopt a Resolution entitled RESOLUTION NO. 2022 - XX, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, CALLING AN
ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF
LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
(ANNEXATION NO. 1)
5. Hold the election;
6. Canvass the election; and
7. Adopt a Resolution entitled RESOLUTION NO. 2022 - XX, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 1)
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
8 2.3 County Service Area Charges for FY 2022-23
Submitted By: Jason Farag
RECOMMENDATION:
Adopt a Resolution entitled: RESOLUTION NO. 2022 - XX, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING
COUNTY SERVICE AREA CHARGES WITHIN THE CITY FOR FISCAL YEAR 2022-23
2.4 Landscaping and Lighting Maintenance District No. 89 1-Consolidated & Street Lighting Zones
Submitted By: Jason Farag
RECOMMENDATION:
Adopt a Resolution entitled: RESOLUTION NO. 2022 - XX, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ALL ZONES, OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-
CONSOLIDATED OF THE CITY OF WILDOMAR AND LEVYING ASSESSMENTS ON ALL LOTS AND PARCELS OF LAND THEREIN FOR FISCAL YEAR 2022-23;
AND AUTHORIZING THE ADMINISTRATION OF THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED FOR FISCAL YEAR 2022-23
3. GENERAL BUSINESS
3.1 FY 2021/22 4th Quarter Budget Report
Submitted By: Adam Jantz
RECOMMENDATION:
Review and approve the Fiscal Year 2021-22 4
th Quarter Report, and adopt a
Resolution entitled: RESOLUTION NO. 2022 - XX, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING AMENDMENTS TO THE FY 2021-22 BUDGETED REVENUES AND EXPENSES
3.2 Assembly Bill 43 Update - Setting Speed Limits
Submitted By: Jason Farag
RECOMMENDATION:
Receive and file the update for Assembly Bill 43 regarding setting of speed limits.
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
9 4. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Board, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.
4.1 Minutes- June 8, 2022 Regular Meeting
Submitted By: Janet Morales
RECOMMENDATION:
Approve the minutes as presented.
Title- Councilmember-Anticipated Date
1. Update from MSJC College regarding 2014 Bond Funding – Morabito - TBD
2. City Wide Street Sweeping – Moore – TBD
3. Street Signage – Benoit - TBD
4. Sidewalk Vending Process – Moore – TBD
5. Speed Reduction in the City – Benoit – July 2022
6.Outdoor Dining Ordinance – Benoit -- TBD
7. Clinton Keith Road on/off Ramp Maintenance - Moore - TBD
8. Firework Ordinance - Benoit - Sept. 2022
ADJOURN THE CITY COUNCIL MEETING
In accordance with Government Code Section 54952.3, I, Janet Morales, City of Wildomar City Clerk, do hereby declare that the
Board of Trustees will receive no compensation or stipend for the convening of the following regular meeting of the Wildomar Cemetery District.
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
ROLL CALL
PUBLIC COMMENTS
BOARD COMMUNICATIONS
APPROVAL OF THE AGENDA AS PRESENTED
The Board of Trustees to approve the agenda as it is herein presented, or, if it is the desire of the Board, the agenda can be reordered, added to, or have items tabled at this time.
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
10 4.2 Warrant Register Cemetery June 2022
Submitted By: Nicholas Neidiffer
RECOMMENDATION:
Staff recommends that the Board of Trustees approve the following:
1.Warrant Register dated 06-02-2022 in the amount of $4.99.
2. Warrant Register dated 06-09-2022 in the amount of $7,797.84.
3. Warrant Register dated 06-23-2022 in the amount of $3,203.27.
4. Warrant Register dated 06-30-2022 in the amount of $1,063.85.
4.3 May 2022 Cemetery Treasurers Report
Submitted By: Robert Howell
RECOMMENDATION:
Approve the Treasurer’s Report for May 2022.
5. PUBLIC HEARINGS
No Items Scheduled.
6. GENERAL BUSINESS
No Items Scheduled.
GENERAL MANAGER REPORT
FUTURE AGENDA ITEMS
ADJOURN THE WILDOMAR CEMETERY DISTRICT
PARTICIPATION
The City of Wildomar encourages your participation in the meeting. The following options are available for the public to participate:
1. You may view the Regular Session meeting live on the City of Wildomar’s website at http://www.cityofwildomar.org or on cable TV through Frontier Channel 36 or AT&T channel
99. To view from the website, select the live stream link on the top of the front page.
2. You may participate in person.
PUBLIC COMMENT: During Public Comment not on the agenda and after each Agenda Item, the Mayor will announce Public Comment. If you would like to speak on that item, please fill out a speaker slip and submit it in the inbox at the front of the room. When the City Clerk announces your name, please come up to the podium. Public Comments are limited to 3 minutes or such other time as the Council may provide.
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
11 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at 951-677-7751 x210.
REPORTS: All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address:
http://www.cityofwildomar.org/government/agendas___minutes. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.
If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person that requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751, no later than 10:00 a.m. on the day preceding the scheduled meeting.
AFFIDAVIT OF POSTING
I, Janet Morales, Wildomar City Clerk, do certify that at least 72 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at www.cityofwildomar.org.
Janet Morales, CMC
City Clerk
Dated: July 8, 2022
CITY OF WILDOMAR - REGULAR MEETING
Meeting Date: July 13, 2022
12 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CLOSED SESSION
Meeting Date: July 13, 2022
SUBJECT: CLOSED SESSION
SUBMITTED BY: Thomas D Jex, City Attorney
PREPARED BY: Janet Morales, City Clerk
ACTION:
1. The City Council will meet in closed session pursuant to the provisions of Government Code Sections 54956.9 (d)(1) and (4) to confer with legal counsel with regard to the following matter of pending and potential initiation of litigation:
City of Long Beach, et al v. Monsanto Company, et al, United States Central District Court, Case No.: 2:16-cv-03493-FMO-AS
2. The City Council will meet in closed session to hold a conference with its unrepresented employee representative City Manager Dan York regarding labor negotiations with unrepresented employees pursuant to Government Code 54957.6. 13 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
DEPARTMENT REPORT
Agenda Staff Report # 1
Meeting Date: July 13, 2022
SUBJECT: General Plan Update Briefing - Envision Wildomar 2040: The Future By Design
SUBMITTED BY: Matthew Bassi, Planning
PREPARED BY: Matthew Bassi, Planning Director
ACTION:
Receive and File Presentation
DISCUSSION:
General Plan Update Summary
In March 2022, the City kicked off a comprehensive update of the City’s General Plan (GP) known as “Envision Wildomar 2040: Future By Design”. As the first comprehensive update of the GP since incorporation in 2008, there are important challenges, opportunities, and emerging trends that will be addressed that will enable the GP to be an effective tool in guiding and ensuring that the future of our community conforms to the visions and aspirations of Wildomar’s residents. The primary goal of updating the General Plan is to ensure that it reflects the values of the community, identifies the community’s vision for the City in the future, and provides a roadmap to achieve that vision.
Staff and the PlaceWorks consultant team have been busy ramping up the GP update program over the past few months and accomplishing quite a few tasks. The following is a summary of the recent assignments completed and the exciting tasks coming forth over the next 30+ days.
Current Items:
Council appointed our 8-member General Plan Advisory Group (GPAG) – May 11 th
GPAG 1
st
team meeting was held on June 4, 2022…all members present Project Logo and Tag Line developed – May 13
th
General Plan Update Fact Sheet (Attachment A)
Public Engagement Plan document completed - May 25
th (Attachment B)
GP Website…live & operational June 13th - https://envisionwildomar2040.com/ 14 Stakeholder Interviews Initiated – Week of June 13
th (7 interviews thus far…more to
follow)
“Let’s Envision Wildomar!” Online Survey on June 13
th -
https://envisionwildomar2040.com/
Pop-Up Event #1 – “Coffee with the City” presentation –– June 14 th
Wildomar Briefing Book: “A snapshot of Wildomar” June 15 th – View online at:
https://envisionwildomar2040.com/
Pop-Up Event #2 - “City 14
th Birthday Celebration – July 9th
Next 30+ days:
Community Workshop #1 (Visioning) - July 14 (6 – 8 pm) @ The Corporate Room Community Workshop #1 (virtual/zoom meeting) to be held on July 19 th (6 – 8 pm);
RSVP at envisionwildomar2040.com
GPAG 2
nd team meeting to be held in August 2022 - location TBD Community Workshop #2 (Land Use) – Aug/Sept. – location TBD CEQA / EIR Work to begin (Aug/Sept 2022)
ATTACHMENTS:
Attachment A - GP Update Fact Sheet
Attachment B - Public Engagement Plan
15 What is a General Plan?
The General Plan defines the community
vision for what our City will look like
in 2040, and a roadmap to get us
there! The State of California requires
each city to adopt a comprehensive,
long-term General Plan for the physical
development of a community and
provides a list of topics that must be
addressed. Local decision makers use
the goals and policies of a General Plan
to make decisions regarding land use,
housing, mobility, infrastructure, open
spaces, and recreation.
Why update the General Plan?
This project provides the first opportunity to comprehensively update Wildomar’s General Plan since the City was incorporated in 2008. As the first City-specific update of the General Plan, there are important challenges, opportunities, and emerging trends that need to be addressed to enable the Plan to be an effective tool in guiding and ensuring that the future conforms to the visions and aspirations of Wildomar’s residents. The population has grown; lands have been developed, others have been conserved; and the composition, needs, and visions of Wildomar’s residents have evolved. Broader national and global changes also affect the City— the economy has fluctuated, housing costs have escalated, traffic has worsened, our climate is warming, and technological advances are changing how we live and do business. The State has also enacted legislation that more aggressively directs cities to address these and other changes. It’s time for a community conversation about how we grow and where we’ll go!
Visit the website to learn about Envision Wildomar 2040, and how you can be involved and provide input. Be sure to sign-up to receive email updates about future project news and opportunities to participate.
What’s included in the
General Plan?
By statute, the general plan is presented
as a collection of “elements,” or topic
categories. Wildomar’s updated
General Plan will contain the following
chapters:
• Land Use and Design
• Economic Development
• Housing
• Circulation and Mobility
• Recreation and Community Services
• Open Space and Conservation
• Noise
• Safety
Who Will use the General Plan?
• City Council and Planning
Commission use the goals and
policies of the General Plan as a
basis upon which to make both
long-term and short-term decisions,
determine long-term objectives,
generate and evaluate budgets,
plan capital improvements, and
prioritize tasks.
• City staff references the
General Plan when considering
development applications,
capital improvements, service
programming, and departmental
budgeting.
Envision Wildomar 2040
Future By Design
General Plan Update Fact Sheet
The City of Wildomar is updating it’s General Plan. We need you to help guide it. Learn more at envisionwildomar2040.com Get involved at
envisionwildomar2040.com
• Individual residents, existing and
prospective business owners, and
the development community seek
guidance for understanding and
commitments for what will be
preserved, enhanced, and changed
in the near and long terms.
• Other local and regional agencies
refer to the General Plan when
projecting future needs and
services. The General Plan is truly
the City’s collective guide to the
future.
16 1
Prepared by:
City of Wildomar
General Plan Update
Public Engagement Plan
May 2022
City Staff Liaison:
Matthew C. Bassi, Planning Director
Kimberly Davidson, Economic Development Director
17 2
CContents
1.Introduction
Purpose
Project Outreach Team
Project Outreach Stakeholders
2.Outreach Approach
Outreach Goal
Outreach Objectives
Levels of Public Involvement
3.Toolbox
Event Preparation and Logistics
General Plan Advisory Group
Community Workshops
Community Pop-ups
Stakeholder Interviews
Surveys
Project Collateral
Media Engagement
Electronic Engagement
Translation
Outreach Toolbox by Milestone
4.Project Outreach Schedule
333455556678999
10 10
10 10
11 12
18 City of Wildomar General Plan Public Engagement Plan 3 I1. Introduction
Purpose
This Plan serves as a guiding document for community outreach and engagement for the City of Wildomar’s General Plan Update (GPU). This plan is based on PlaceWork’s understanding of the City expectations for the public engagement process. This plan is important because it:
• Outlines the goals and objectives for public outreach efforts • Establishes a flexible approach and action plan for engaging the community and stakeholders
• Aids City staff in managing the expectations of decision makers and the public regarding the amount of public engagement given the project budget, staff capacity, and other resources
This plan should be considered a living document and may be modified by the City over the course of the General Plan Update to ensure that the outreach goals and objectives are being met, with consideration given for the scope, schedule, and budget. Successful execution of this plan will enable the City to establish and maintain the trust, support, and confidence of the public and other stakeholders.
Project Outreach Team
Table 1, Project Outreach Team, identifies the key project team members who will help to execute the community engagement process for the General Plan.
Table 1. Project Outreach Team
Name Role/Title Phone E-mail
City Contacts
Matthew Bassi Planning Director 951.677.7751 x213 [email protected] Kimberly Davidson Economic Development Director 951.677.7751 x215 [email protected] Abdu Lachgar Associate Planner 951.677.7751 x203 [email protected] Daniel Torres Community Services Director 951.677.7751 x8212 [email protected] Consultant Team Members
Mark Teague Managing Principal 916.45.7500 x2730 [email protected] Jonathan Nettler Overall Project Manager 213.623.1443 [email protected] Karen Gulley Public Outreach Lead 213.623.1443 [email protected] Chad So Associate 213.623.1443 [email protected]
19 City of Wildomar General Plan Public Engagement Plan 4 Table 2. Project Outreach Stakeholders
Category Stakeholder
Boards, Commissions,
Agencies, &
Departments
• Cal-Fire/Riverside County Fire
• Community Services Dept.
• Economic Development Dept
• Elsinore Valley Municipal Water District
• Measure Z Oversight Committee
• Measure AA Oversight Committee
• Parks & Recreation Dept.
• Planning Dept.
• Planning Commission
• Police Dept.
• Public Works Dept.
• Wildomar Cemetery District
• Wildomar Library
• Waste Management & CR&R
• SCE and/or SCG
• WRCOG, RCTC, SCAG
Business & Community
Groups/Professional
Organizations
• Animal Friends of the Valley
• Elks Lodge #2591
• Rotary Club of Wildomar
• The Farm Property Owners Association
• Veterans of Foreign Wars Post #1508
• Wildomar Historical Society
• Wildomar/Murrieta Chamber of Commerce
Medical
• Inland Valley Regional Medical Center
• Kaiser Medical Center
• Accelerated Urgent Care
Media
• Lake Elsinore-Wildomar Patch
• Riverside County News Source
• The Press Enterprise
• The Valley News
Religious Institutions
• Cornerstone Community Church
• Faith Bible Church
• Mountain View Church
• Oakstone Community Church
• St. Frances of Rome Church
• Wildomar Church of the Nazarene
• Wildomar 7th Day Adventist Church
• Word of Life World Outreach Center
Schools
(Public/Private)
• Anne Sullivan Preschool and Kindergarten
• Cal-Lutheran High School
• Cornerstone Christian School
• David A. Brown Middle School
• Donald Graham Elementary
• Lake Elsinore High School
• Lake Elsinore Unified School District
• Ronald Reagan Elementary
• Sycamore Academy of Science and
Cultural Arts
• Wildomar Elementary School
• William Collier Elementary
Project Outreach Stakeholders
Project outreach stakeholders are organizations and individuals with an interest in the General Plan and the capacity to disseminate information related to General Plan education and engagement opportunities. Table 2, Project Outreach Stakeholders identifies various agencies, organizations, residents, businesses, and other stakeholders potential participation in the general plan update. The project team will proactively expand the stakeholder list throughout the project. 20 City of Wildomar General Plan Public Engagement Plan 5 O2. Outreach Approach
Outreach Goal
An adopted General Plan Update that is inclusive of Wildomar’s decisions, residents, property owners, businesses, and other local stakeholders.
Outreach Objectives
• Broad reaching and transparent community engagement that incorporates multiple channels for participation and fosters an ongoing dialogue. • Engage the community in a way that is convenient and effective. • Capitalize on existing events and communication channels with which the City and community are already familiar and comfortable using. • Maintain an effective process so that community participation does not delay the GPU process.
• Employ strategies to engage and obtain input from the full spectrum of local residents.
• Raise the awareness of the general plan and its relevance to the community.
Levels of Public Involvement
The International Association for
Public Participation developed a
spectrum describing the various
levels of public involvement used
across many types of civic efforts
(see Table 3, Spectrum for Public
Participation). This spectrum can be
used as a reference guide by City
staff when evaluating opportunities
to engage the general public in
programs identified in this Plan and
throughout the GPU process.
Table 3. Spectrum for Public Participation
21 City of Wildomar General Plan Public Engagement Plan 6 T3. Toolbox
Key Milestones
Toolbox Tools
• General Plan Advisory Group
• Community Workshops
• Community Pop-ups
• Stakeholder Interviews
• Surveys
• Project Collateral
• Media Engagement
• Electronic Engagement
• Visioning
• Land Use
• Element Goals & Policies
• Draft General Plan
• Environmental Impact Report
A successful outreach process relies on involving community members and stakeholders in varying degrees in all phases of the GPU process. Guided by the outreach goal and objectives, the following set of tools and mechanisms are recommended. Table 6, at the end of this section, provides additional detail and context regarding how these will be deployed in connection with key milestones in the planning process and the overall project schedule.
Event Preparation and Logistics
PlaceWorks and the City will work closely to plan each outreach event. The City will be responsible for securing meeting/workshop locations, facility setup/take down, and providing refreshments and supplementing staffing as needed. The City will also be responsible for noticing and coordinating with the appropriate media channels. PlaceWorks will participate in all five (5) General Plan Advisory Group meetings, eight (8) Community-Wide Workshops, and up to four (4) Community Pop-ups indicated in this plan. City staff may engage in targeted outreach events in addition to the workshops and presentations to ensure that the goals for the process indicated above are achieved.
22 City of Wildomar General Plan Public Engagement Plan 7 # Phase/Key
Milestone Project Team Role GPAG Role
1 Visioning
• GPAG Kick-off: Review role, rules,
responsibilities
• Overview of the General Plan effort
• Present Existing Conditions report and
findings
• Provide input on community vision and priorities;
opportunity areas
• Support ongoing outreach efforts
2 Land Use
• Present Draft Vision Statement
• Present project updates and
engagement efforts
• Facilitate discussion on land use
• Review Vision Statement
• Identify potential areas of change, opportunity
areas, and appropriate land uses
• Support ongoing outreach efforts
3 Land Use
• Present draft land use concept
• Present project updates and
engagement efforts
• Facilitate discussion on draft land use
concept
• Provide input on draft land use concept
• Support ongoing outreach efforts
4 Economic
Development
• Present project updates and
engagement efforts
• Facilitate discussion on economic
development
• Provide input on economic development
• Support ongoing outreach efforts
5 Element Goals
and Policies
• Present economic development
• Project status update
• Facilitate discussion on element goals
and policies
• Provide input on element goals and policies
• Support ongoing outreach efforts
Table 4. General Plan Advisory Group Meetings
General Plan Advisory Group
The General Plan Advisory Group (GPAG) is an ad hoc advisory group established by the City of Wildomar to serve as one of the primary channels for engagement related to the GPU. The purpose of the GPAG is to provide input recommendations to city staff and the consultant team on key components such as the vision, opportunity areas, and land use plan plan that will ultimately be presented to the Planning Commission and City Council for consideration. Another crucial function of the GPAG is to assist in the review and recommendation of long-term goals and policies that will help guide the City’s decision-making process going forward.
The GPAG is also expected to help expand public awareness and participation in the GPU process and to convey community input. The GPAG is scheduled to hold five regular meetings (outlined in Table 4). Throughout the General Plan process, the GPAG is also expected to promote the project through distribution of project collateral (prepared by PlaceWorks), e-blasts, and sharing information through their respective social media outlets. PlaceWorks will work with City staff to determine GPAG invitees.
23 City of Wildomar General Plan Public Engagement Plan 8 Community Workshops
Community-wide workshops can be used to share information and gather input from a broad range of community members, while also enabling the project team to more efficiently and personally connect with and engage a large number of individual residents and stakeholders. Workshops will typically consist of a presentation facilitated by the project team with the support of City staff, followed by an interactive exercise to solicit community input. Interactive exercises may include small group discussions, prioritization activities, voting, and open-ended comments. To reach a broad cross section of community stakeholders, four (4) workshops will be conducted virtually, and four (4) workshops will be conducted inperson. A maximum of eight (8) community-wide workshops are planned to gather input during key phases of the GPU Process:
# Key Phase/Milestone Topics/Activities
1 Visioning
• General Plan Introduction
• Educate the community on the City’s current context and conditions • Facilitate input on the Vision Statement and community priorities • Promote Survey #1
2 Visioning (Virtual) • Same as workshop #1
3 Land Use • Presentation: Draft Vision Statement
• Interactive exercise: Community input for land use concept 4 Visioning (Virtual) • Same as workshop #3
5 Element Goals and Policies • Presentation: Draft Goals & Policies • Interactive exercise: Community input on Goals & Policies 6 Element Goals and Policies
(Virtual) • Same as workshop #5
7 Draft General Plan Presentation
• Present final draft plan and EIR including a recap of the update process, the vision, land use alternatives, key goals and policies, and future steps for implementation and engagement
8 Draft General Plan Presentation
(Virtual) • Same as workshop #7
Table 5. Community Workshops
24 City of Wildomar General Plan Public Engagement Plan 9 Community Pop-ups
The purpose of Community Pop-Up outreach is to raise awareness of the project and provide opportunities to engage community members who don’t typically attend traditional workshops. Pop-up locations will be in high foot-traffic locations and should take advantage of existing community events such as farmers markets, festivals, coffee with the mayor, and other lively venues at which the public attends.
PlaceWorks will work with the City and the GPAG to identify potential pop-up locations. Four (4) pop-ups will be conducted during key phases of the project:
Visioning, Land use, Goals and Policies, and release of the Draft general plan. A pop-up will typically be contained within a 10’ x 10’ booth and include takeaways such as flyers, fact sheets, educational materials on large format boards, and interactive components such as surveys, comment cards, or a game to solicit input.
Pop-ups should provide opportunities for quick thirty-second interaction as well as opportunities to linger and engage with the project team. Up to two (2) PlaceWorks staff and up to two (2) City staff representatives will host the pop-ups.
Stakeholder Interviews
PlaceWorks will conduct up to ten (10) stakeholder interviews. To reach a broad spectrum of stakeholders, at least one stakeholder from each stakeholder category listed in Table 2: Project Outreach Stakeholders will be interviewed. Stakeholder interviews may be conducted as roundtables, with multiple stakeholders being interviewed in one meeting. PlaceWorks will work with the City to determine interview questions, stakeholder interviewee list, and appropriate timing within the GPU process.
Surveys
PlaceWorks will use “Survey Monkey” and/or “Survey 123” to create surveys to gather community input on various topics. Surveys may also be used with the GPAG and as a pop-up activity. The surveys would be designed to coincide with the Community Workshops. We have assumed up to three (3) surveys. The first will address the community’s vision, and the remaining two will likely address questions related to land use and circulation (the content will be determined at a later date to be reflective of the input needed during the process).
PlaceWorks will work collaboratively with City Staff and the GPAG (as time allows) to develop questions and content for surveys. Surveys will include questions that collect demographic information to help determine which segments of the City are being reached and how the respondents heard about the survey. When feasible, electronic and paper surveys will be provided to reach a broader audience. A summary of each survey will be provided and shared with the GPAG and with the community on the project website.
A Flexible Approach
PlaceWorks will remain flexible
and ready to adapt to evolving
conditions and staffing will be
determined prior to each event. If it
is not possible to resume in-person
community events, PlaceWorks
will work with the City to identify
alternative forms of engagement,
such as an educational social
media campaign, virtual
workshops and virtual pop-ups.
25 City of Wildomar General Plan Public Engagement Plan 10 Project Collateral
PlaceWorks will prepare a variety of collateral material suitable for distribution online (website and social media) and in person (civic buildings, public events, project meetings, and community organizations). In some cases, such as press releases or project newsletter content, the City may also choose to draft its own copy. Assignments will be determined as each milestone arises. PlaceWorks will prepare collateral materials with limited planning jargon and easy-to-understand language and graphics. The following will be created during the appropriate phase of the project: • Project fact sheet (letter size and postcard format) • Social media content (up to 6) • Flyers to promote public workshops and pop-ups (up to 6) • Large format graphics for pop-ups and in-person workshops • Slide presentations Media Engagement
It is the assumed City staff will be responsible for actively engaging local media to increase awareness of the General Plan Update and to promote engagement in the outreach process. Examples of media engagement activities include offering access to City staff for interviews and seeking promotion of upcoming project meetings and milestones. PlaceWorks will provide project collateral as needed.
Electronic Engagement
Project Website
The project website is a critical tool that will educate the public on the purpose and legislative authority of the General Plan. It will also provide notifications and news about opportunities to engage and will serve as a repository of work products including the GPAG Presentations and meeting minutes, active surveys, and public feedback/engagement outcomes. PlaceWorks will prepare a standalone project website and update the website as the project progresses by uploading work products; online engagement activities; and public input results and summaries. The City website will host a link to the project website.
Social Media
Social media is a cost-effective way to communicate project information to the community, increase public input, and reach those who are unable or unlikely to attend meeting or become involved in City issues. We have found that when a City actively contributes to social networks it is easier to disseminate information that is factually correct and to keep track of information that other participants are sharing. PlaceWorks will work with City Staff to craft messages for the City’s existing website, Facebook and Nextdoor platforms, as well as other platforms deemed useful to the General Plan update.
Translation
It is assumed that the City will identify public facing materials, meetings, and outreach events that require Spanish translation. If necessary, PlaceWorks can utilize a translation firm, such as Lazar & Associates, to provide interpreting and translation services for the General Plan Update. Translation services can be provided for Spanish interpreting with the use of headsets at community meetings/workshops at additional cost.
26 City of Wildomar General Plan Public Engagement Plan 11 Project Phase/Key Milestone Outreach
Visioning
• GPAG Meeting #1
• Community Workshop #1 In-person
• Community Workshop #2 Virtual
• Community Pop-up #1
• Community Pop-up #2
• Survey #1
• Electronic notifications: Webpage updates, social media posts, e-blasts Land Use
• GPAG Meeting #2
• GPAG Meeting #3
• Community Workshop #3 In-person
• Community Workshop #4 Virtual
• Survey #2
• Electronic notifications: Webpage updates, social media posts, e-blasts Element Goals and Policies
• GPAG Meeting #4
• GPAG Meeting #5
• Community Workshop #5 In-person
• Community Workshop #6 Virtual
• Community Pop-up #3
• Survey #3
• Electronic notifications: Webpage updates, social media posts, e-blasts Draft General Plan
• Community Workshop #7 In-person
• Community Workshop #8 Virtual
• Community Pop-up #4
• Electronic notifications: Webpage updates, social media posts, e-blasts EIR
• Notice of preparation/30-day comment period
• Scoping Meeting
• 45-day public review period (Draft EIR)
• Response to comments
• Electronic notifications (Webpage updates, social media posts, e-blasts) Adoption / Certification • Planning Commission and City Council hearings • Electronic notifications (Webpage updates, social media posts, e-blasts) Table 6. Planned Outreach & Engagement Milestone
Outreach Toolbox by Milestone
Table 6 provides an overview of outreach to support each project phase of the GPU process.
27 City of Wildomar General Plan Public Engagement Plan 12 Visioning
Land Use
Goals and Policies
Draft General Plan
Environment Impact Report
Visioning
Land Use
Goals and Policies
Draft General Plan
Environment Impact Report
2022
2023
Feb
Feb
Aug
Aug
May
May
Nov
Nov
Mar
Mar
Sep
Sep
Jun
Jun
Dec
Dec
Apr
Apr
Oct
Oct
Jul
Jul
Jan
Jan
GPAG Meeting (5) Community Workshop (8) Community Pop-up (4) GPAG 1: 6/16/22
GPAG 2-5: TBD
Workshop 1&2: 7/14
Workshops 3-8: TBD
Pop-up 1: 6/14/22 Coffee with the City
Pop-up 2: 7/9/22 Wildomar 14th Birthday Celebration
Pop-up 3: TBD
Pop-up 4: TBD
PProject Outreach Schedule
Table 7. Project Outreach Schedule
28 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
DEPARTMENT REPORT
Agenda Staff Report # 2
Meeting Date: July 13, 2022
SUBJECT: Economic Development Department Update
SUBMITTED BY: Kimberly Davidson, Economic Development
PREPARED BY: Kimberly Davidson, Economic Development Director ACTION:
Receive and File Presentation
ATTACHMENTS:
A. Economic Development Update Presentation
29 July 13, 2022
Kimberly Davidson
Economic Development Director
& Public Information Officer
#GoWildomar
Economic Development
Update
30 Vacancy Rates
SOURCE: COSTAR, QUARTER TO DATE: Q3, 2022
31 Wildomar’s Current Inventory
SOURCE: COSTAR, QUARTER TO DATE: Q3, 2022
Total Square Footage of Current Inventory:
• Office = 302k (96.2% occupied)
• Industrial = 332k (98.8% occupied)
• Retail = 671k (94.2% occupied)
32 Business Attraction - ICSC
• Attended ICSC with Riverside County
• Monday, May 23 = 15 meetings
• Hosted Mixer with M/W Chamber and Sister Cities
• 28-page Wildomar Brochure
33 Business Attraction - ICSC
34 Business Attraction – Hotel Study
Hotel Feasibility Study (Kosmont Companies)
• Completed in April 2022
• Identifies Three Opportunity Areas:
1. Clinton Keith (near IVMC)
2. Wildomar Trail
3. Bundy Canyon
Bluffs at Hidden Springs (?)
35 36
Business Attraction – CRE Meetup
Commercial Real Estate Meetup
• Every 4th Thursday @ Angelo’s Brick Oven Pizzeria
• Between 8-20: Brokers, Developers, Property Owners,
Property Management, Business Owners, and ancillary
commercial services (signage, HVAC, etc)
• Great way to stay in contact with our “front line”
partners with Wildomar’s vision
37 Business Retention
• Coffee with the City (M/W Chamber)
• Small Business Roundtable (Murrieta & M/W Chamber)
• Walkabouts (M/W Chamber)
• Bright Business Wildomar
- Every 2nd Tuesday @ The Corporate Room @ 8:30 am
- Every 3rd Wednesday @ City Hall @ 8 am
- As needed, TBD
- Just “graduated” 12 students!
38 Bright Business Wildomar
June 28, 2022
39 Legislation
DATE BILL/ISSUE SUMMARY POSITION ADDRESSED TO COPIED TO CURRENT STATUS 03/14/22 SB1110 To lengthen the amount of time a Penal Code §602 (Trespass Letter) is valid so that it does not need to be renewed annually.
Support Senate Committee on Public Safety
Honorable Senator Bradford,
Committee Chair
1020 N Street, Room 545
Sacramento, CA 95814
---- The bill is on the Assembly Floor it failed passage on June 30th a motion to reconsider was granted.
The bill can be reconsidered one additional time if it fails passage twice it is dead the legislature is on recess until August 1 so it will not be reconsidered until post August 1st.
04/06/22 Scott Road / Bundy Canyon Road
Widening Project
Support of the City of Menifee’s request for the Scott Road/ Bundy Canyon Road Widening Project to receive Congressional Delegation Community Project Funding.
Support Honorable Ken Calvert
United States House of
Representatives
2205 Rayburn Building
Washington, DC 20515
---- Calvert secured $4 million for Menifee for this project. 04/06/22 Riverside County Early Education
Equity: Engage, Empower, Equip
(E3) Project
Support for the Riverside County Office of Education (RCOE), local community partners, and local Riverside County school districts to seek grant funding for the Riverside County Early Education Equity: Engage, Empower, Equip Project (E3).
Support Dr. Edwin Gomez, Superintendent
3939 Thirteenth Street
Riverside, CA 92501
---- Our region was not chosen to receive the grant this year. Riverside County Office of Education (RCOE) will try again next year.
05/12/22 City of Murrieta requesting
funding for I-215/Keller Road
Interchange project
Support of the City of Murrieta's application for funding for the Multimodal Project Discretionary Grant (MPDG), under the Infrastructure for Rebuilding America subcategory INFRA FY22, administered by the Department of Transportation.
Support The Honorable Pete Buttigieg
Secretary
U.S. Department of Transportation
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
---- Murrieta received $2.6M from Calvert’s Community Project Funding submittal. Still seeking funds for the project.
06/14/22 AB2840 The Bill intends to dictate where we can allow industrial buildings – taking away our local control. It would also require a percentage of the jobs created to go to local residents (which sounds great, but should not be required by the State). This should be a business decision for the developer of the project and the tenants therein… again, taking away local control.
Oppose Eloise Gómez Reyes
Assembly Member
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0047
Senator Melissa Melendez
Assembly Member Kelly Seyarto
Assembly Member Robert Rivas
Did not make the Legislative Deadline to pass out of policy committee. The bill is now dead.
Assembly Majority Leader Reyes has indicated she will reintroduce legislation in the 2023 legislative session.
40 City of Wildomar – City Hall
Kimberly Davidson Kimberly Davidson
kdavidson9305
Contact Me!
Kimberly Davidson
Economic Development Director
& Public Information Officer
City of Wildomar
(951) 297-3457 office
(951) 970-8242 cell (text ok!)
[email protected]
41 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.1
Meeting Date: July 13, 2022
SUBJECT: Reading of Ordinances
SUBMITTED BY: Janet Morales, City Clerk
PREPARED BY: Janet Morales, City Clerk
ACTION:
Approve the reading by title only of all Ordinances on this agenda. 42 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: July 13, 2022
SUBJECT: Minutes - May 11, 2022 Regular Meeting
SUBMITTED BY: Janet Morales, City Clerk
PREPARED BY: Jandi Aguilar, Administrative Analyst
ACTION:
Approve the Minutes as presented
ATTACHMENTS:
A. Minutes May 11, 2022
43 CITY OF WILDOMAR
CITY COUNCIL REGULAR MEETING MINUTES
MAY 11, 2022
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
The Regular meeting of May 11, 2022, of the Wildomar City Council, was conducted in-person at the Wildomar Council Chambers, 23873 Clinton Keith Road, Suite 106, Wildomar, California, and was called to order by Mayor Benoit at 6:00 p.m.
ROLL CALL
City Council Roll Call showed the following:
Members in attendance: Council Member DePhillippo Moore, Nigg, Mayor Pro Tem Morabito, Mayor Benoit
Members absent: None.
Staff in attendance: Assistant City Manager York, City Attorney Jex, City Clerk Morales, Planning Director Bassi, Administrative Analyst I Aguilar, Administrative Services Director Howell, Project Consultant Riley, Economic Development Director Davidson, Senior Engineer Farag, Development Manager Stadnik, Community Services Director Torres and Senior Project Manager Repke.
FLAG SALUTE
The flag salute was led by Councilmember Moore.
PRESENTATIONS
There were no presentations.
DEPARTMENT REPORTS
There were no department reports.
PUBLIC COMMENTS
The following individuals provided public comment
1. Albia Miller
2. Melanie Shatzer
3. Dana Vincent
44 City of Wildomar
City Council Minutes
May 11, 2022
2 COUNCIL COMMUNICATIONS
The City Council Members spoke regarding the various committees, commissions, and boards that they serve on locally and regionally and community events, including:
1. Community events
2. Regional events
3. Chamber of Commerce
4. Riverside Transit Agency (RTA)
5. Riverside Conservation Authority (RCA)
6. Riverside County Transportation Commission (RCTC)
7. League of California Cities
8. Southern California Association of Governments (SCAG)
9. Riverside County Habitat Conservation Agency (RCHCA)
10. Western Riverside Council of Governments (WRCOG)
11. South Coast Air Quality Management District (SCAQMD)
12. Southwest Community Financing Authority (Animal Shelter)
13. Western Community Energy (WCE)
14. Ad Hoc & Subcommittees
APPROVAL OF THE AGENDA AS PRESENTED
There were no changes to the agenda as presented.
1.0 CONSENT CALENDAR
Kenny Mayes, a resident, provided public comment on Agenda Item #1.7 and #1.9.
A MOTION was made by Councilmember Nigg seconded by Councilmember Moore to approve all items on the Consent Calendar.
MOTION carried, 5-0, by the following vote:
YEA: Dephillipo, Moore, Nigg, Mayor Pro Tem Morabito, Mayor Benoit NAY: None
ABSTAIN: None
ABSENT: None
1.1 Reading of Ordinances
RECOMMENDATION:
Approved the reading by title only of all ordinances on the agenda.
1.2 Minutes- March 9, 2022, Regular Meeting
RECOMMENDATION:
Approved the minutes as presented.
45 City of Wildomar
City Council Minutes
May 11, 2022
3 1.3 Minutes- March 16, 2022, Regular Meeting
RECOMMENDATION:
Approved the minutes as presented.
1.4 Warrant and Payroll Registers
RECOMMENDATION:
Approved the following:
1. Warrant Register dated 04-07-2022 in the amount of $166,761.14.
2. Warrant Registers dated 04-14-2022 in the amount of $81,165.45.
3. Warrant Register dated 04-21-2022 in the amount of $237,791.25.
4. Warrant Register dated 04-28-2022 in the amount of $974,150.23.
5. Wire Transfer Register dated 04-30-2022 in the amount of $149,499.21.
6. Payroll Register dated 05-01-2022 in the amount of $275,069.94
1.5 Treasurer’s Report
RECOMMENDATION:
Approved the Treasurer’s Report for March 2022.
1.6 Ordinance No. 215 – 2nd Reading (ZOA No. 2022-01)
RECOMMENDATION:
Adopted an Ordinance entitled:
ORDINANCE NO. 215
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
1.7 Approval for the display of the POW flag at the Cemetery District RECOMMENDATION:
Approved the display of the POW commemorative flag at the Wildomar Cemetery.
1.8 Legislative Platform
RECOMMENDATION:
Received and filed the Legislative Platform.
46 City of Wildomar
City Council Minutes
May 11, 2022
4 1.9 FY 2022-23 List of Projects for the SB1: Road Repair and Accountability Act of 2017
RECOMMENDATION:
Adopted a Resolution entitled:
RESOLUTION NO. 2022 –15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR THE FISCAL YEAR 2022-23 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
1.10 Development Impact Fee Implementation Schedule
RECOMMENDATION:
Adopted a Resolution entitled:
RESOLUTION NO. 2022 - 16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, ADOPTING AN IMPLEMENTATION SCHEDULE FOR THE
DEVELOPMENT IMPACT FEES APPLICABLE TO ALL DEVELOPMENT IN
THE CITY OF WILDOMAR
1.11 Award of Construction Contract – Palomar Street/Clinton Keith Road Sidewalk, Trail, and Bike Lane Connectivity Project (CIP 059) RECOMMENDATION:
1. Authorized the City Manager to execute a construction contract with LC Paving & Sealing Inc. in the amount of $1,492,427.32 for the construction of the Palomar Street/Clinton Keith Road Sidewalk, Trail, and Bike Lane Connectivity Project (CIP 059).
2. Appropriated $127,300 in additional Measure A funds for the project.
3. Authorized the City Manager to execute a Cooperative Agreement with the Elsinore Valley Municipal Water District (EVMWD).
4. Authorized the City Engineer to approve change orders not to exceed 10% of the contract amount (contingency).
1.12 Retain Interwest Consulting Group to Perform Right-of-Way Services for the Palomar Street Improvement Project (Phase 2), CIP 028-2 RECOMMENDATION:
Authorized the City Manager to accept the proposal from Interwest Consulting Group to perform right of way services for the Palomar Street Improvement 47 City of Wildomar
City Council Minutes
May 11, 2022
5 Project (Phase 2), CIP 028-2.
1.13 First Amendment to Agreement with HDL Software LLC for Business Registration Discovery Services
RECOMMENDATION:
Approved and authorized the City Manager to execute an amendment with HDL Software LLC (HDL) for Business Registration Discovery services for the initial service period of July 1, 2022, to June 30, 2023.
1.14 Agreement with MuniServices LLC for Sales and Use Tax Analysis, Reporting & Audit Services, and Franchise Fee and Transient Occupancy Tax (TOT) Audit Services
RECOMMENDATION:
Approved and authorized the City Manager to execute an agreement with MuniServices LLC for Sales and Use Tax Analysis, Reporting & Audit Services, and Franchise Fee and Transient Occupancy Tax (TOT) Audit Services for the City of Wildomar.
1.15 Notice of Intent to Hold a Public Hearing for Placing Liens on Parcels with Unpaid Charges on Trash Collection Services
RECOMMENDATION:
Provided a Notice of Intent to hold a Public Hearing on June 8th, 2022, for placing liens on parcels with unpaid charges on trash collection services.
1.16 Vacation of Right of Way on Quail Creek Lane Cul-de-sac and Dedication of Lot 78 of Tract 32024 to the City’s Right of Way RECOMMENDATION:
Adopted a Resolution entitled:
RESOLUTION NO. 2022-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, VACATING PORTIONS OF QUAIL CREEK LANE CUL-DESAC TO BE CONVERTED INTO A STRAIGHT THRU STREET TO TIE IN TRACT 32024 AND TRACT 37476
1.17 Consideration of Adoption of a Sports Field Allocation Policy RECOMMENDATION:
Adopted the attached Sports Field Allocation Policy.
1.18 Measure Z Oversight Advisory Committee Appointment RECOMMENDATION:
Appointed Kathleen Kovich to the Measure Z Citizen’s Oversight Advisory Committee for a two-year term expiring February 2024.
48 City of Wildomar
City Council Minutes
May 11, 2022
6 2.0 PUBLIC HEARINGS
2.1 Ordinance No. 216- 2nd Reading (Repealing and Replacing Chapter 15.40 of the Wildomar Municipal Code – Adopting International Property Maintenance Code by reference)
RECOMMENDATION:
Mayor Benoit read the title.
Mayor Benoit opened the public hearing.
Code Enforcement Supervisor Berroteran presented the staff report.
Miss Miller, a resident, provided public comment in opposition.
Mayor Benoit closed the public hearing.
A MOTION was made by Councilmember Moore seconded by
Councilmember Nigg to adopt an Ordinance entitled:
ORDINANCE NO. 216
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”
MOTION carried, 5-0, by the following vote:
YEA: Dephillipo, Moore, Nigg, Mayor Pro Tem Morabito, Mayor Benoit NAY: None
ABSTAIN: None
ABSENT: None
3.0 GENERAL BUSINESS
3.1 General Plan Technical Advisory Group Appointments
RECOMMENDATION:
Mayor Benoit read the title.
Planning Director Bassi presented the staff report.
49 City of Wildomar
City Council Minutes
May 11, 2022
7 A MOTION was made by Mayor Benoit seconded by Councilmember Nigg to appoint 8 people to the General Plan Technical Advisory Group.
1. Bob Cashman
2. Connie Nader
3. Shawn Peukert
4. Mari Bacon
5. Armando Acosta
6. Eric Bunge
7. Bridget LaPointe
8. Jesse Kauppinen
MOTION carried, 5-0, by the following vote:
YEA: Dephillipo, Moore, Nigg, Mayor Pro Tem Morabito, Mayor Benoit NAY: None
ABSTAIN: None
ABSENT: None
3.2 Budget Workshop for FY 2022-23 Amended Budget
RECOMMENDATION:
Mayor Benoit read the title.
City manager York and Administrative Services Director Howell presented the staff report.
Received comments from the public regarding the development of the City’s Fiscal Year 2022-23 Amended Budget.
3.3 Sunset Road Extension Providing Connection between Bundy Canyon Road and Clinton Keith Road: City of Lake Elsinore Covered Road Agreement Notice to Nullify and Void Agreement
RECOMMENDATION:
Mayor Benoit read the title.
City Manager York presented the staff report.
Kenny Mayes, a resident, provided public comment.
A MOTION was made by Mayor Benoit seconded by Councilmember Nigg to approve the following:
1. Authorize the City Manager to send notice to the City of Lake Elsinore that 50 City of Wildomar
City Council Minutes
May 11, 2022
8 the executed Covered Road Agreement is null and void.
2. Direct staff to continue coordination with the City of Lake Elsinore on north south circulation improvements between the agencies.
MOTION carried, 5-0, by the following vote:
YEA: Dephillipo, Moore, Nigg, Mayor Pro Tem Morabito, Mayor Benoit NAY: None
ABSTAIN: None
ABSENT: None
CITY MANAGER REPORT
City Manager York presented a report
City Clerk Morales presented a report
Community Service Director Torres presented a report
Development Manager Stadnik presented a report
FUTURE AGENDA ITEMS
Added: Clinton Keith Road on/off ramp maintenance - Moore
ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Benoit declared the meeting adjourned at 7:57 p.m.
Submitted by: Approved by:
______________________________ ______________________________ Janet Morales, CMC Ben J. Benoit
City Clerk Mayor
51 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.3
Meeting Date: July 13, 2022
SUBJECT: Warrant Register June 2022
SUBMITTED BY: Nicholas Neidiffer, Administrative Services PREPARED BY: Nicholas Neidiffer , Accounting Specialist ACTION:
Staff recommends that the City Council approve the following:
1. Warrant Register dated 06-02-2022 in the amount of $79,353.89.
2. Warrant Register dated 06-09-2022 in the amount of $427,478.35.
3. Warrant Registers dated 06-16-2022 in the amount of $123,057.25.
4. Warrant Register dated 06-23-2022 in the amount of $169,919.45.
5. Warrant Register dated 06-30-2022 in the amount of $1,250,727.34.
6. Wire Transfer Register dated 06-30-2022 in the amount of $59,650.35.
7. Payroll Register dated 07-01-2022 in the amount of $206,536.89.
DISCUSSION:
The City of Wildomar requires that the City Council audit payments of demands and direct the City Manager to issue checks. The Warrant and Payroll Registers are submitted for approval.
FISCAL IMPACT:
These Warrant, Wire Transfer and Payroll Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2021/22 Budgets.
ATTACHMENTS:
Warrant Reg Jun 2022 Voucher Listings
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
ACH Date Payee Description Amount
6/7/2022 CFT NV Developments, LLC Monthly Lease Payment - June $ 38,393.68 6/7/2022 Wright Express Fuel Purchases 425.42
6/8/2022 Wright Express Fuel Purchases 406.55
6/17/2022 US Bank
Business Meals, Conference Expenses,
Organizational Memberships, Special
Event Supplies, Repairs & Maintenance,
and Office Supplies
20,424.70
TOTAL $ 59,650.35
City of Wildomar
Wire Transfer Register
6/30/2022
70 ACH Date Payee Description Amount
6/9/2022 Heartland Payroll 05/21/2022-06/03/2022 101,918.10 $ 6/23/2022 Heartland Payroll 06/04/2022-06/17/2022 102,862.34 7/1/2022 Heartland Payroll 06/01/2022-06/30/2022 1,756.45 TOTAL 206,536.89 $
City of Wildomar
Payroll Warrant Register
7/1/2022
71 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.4
Meeting Date: July 13, 2022
SUBJECT: May 2022 Treasurers Report
SUBMITTED BY: Robert Howell, Administrative Services
PREPARED BY: Adam Jantz, Senior Administrative Analyst
ACTION:
Approve the Treasurer’s Report for May 2022.
SUMMARY:
The cash and investment activity for the City during May 2022.
DISCUSSION:
Attached is the Treasurer’s Report for Cash and Investments for the month of May 2022. The City utilizes both the California State Treasurer’s Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) for its city investments. Utilizing the two investment programs allows the City to potentially increase the interest earned on the money held.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Treasurers Report May 2022
72 BEGINNING + (-) ENDING
FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO # 13,231,098.86 $ 3,905,847.01 (3,895,822.40) $ 13,241,123.47 0.000% TOTAL $ 13,231,098.86 $ 3,905,847.01 $ (3,895,822.40) $ 13,241,123.47
PERCENT
OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE All $ 9,678,790.35 $ 9,678,790.35 $ 9,678,790.35 100.00% 0 0.684% All $ 5,601,562.47 $ 5,601,562.47 $ 5,601,562.47 100.00% 0 0.820% TOTAL $ 15,280,352.82 $ 15,280,352.82 $ 15,280,352.82 100.00% CITY $ 28,521,476.29
(-)
+ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING STATED
FUND BALANCE PURCHASES MATURITIES BALANCE RATE
All $ 9,678,790.35 $ 0.00 $ 0.00 $ 9,678,790.35 0.684%
All $ 5,597,664.93 $ 3,897.54 $ 0.00 $ 5,601,562.47 0.820% TOTAL $ 15,276,455.28 $ 3,897.54 $ 0.00 $ 15,280,352.82
CITY OF WILDOMAR
TREASURER'S REPORT FOR
CASH AND INVESTMENT PORTFOLIO
May 2022
TOTAL CASH AND INVESTMENT
CITY INVESTMENT
In compliance with the California Code Section 53646, as City Treasurer for the City of Wildomar, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months, and that all investments are in compliance with the City's Statement of Investment Policy.
I also certify that this report reflects all Government Agency pooled investments and all of the City's Bank Balances.
CITY CASH
ISSUER
CALIFORNIA ASSET MANAGEMENT PROGRAM
CALIFORNIA ASSET MANAGEMENT PROGRAM
CITY INVESTMENT (Continued)
LOCAL AGENCY INVESTMENT FUND
LOCAL AGENCY INVESTMENT FUNDS
ISSUER
Robert Howell
Robert Howell
City Treasurer
Date
6/30/2022
73 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.5
Meeting Date: July 13, 2022
SUBJECT: Road Construction Updates - Public Works/Engineering Department
SUBMITTED BY: Emily Stadnik, Public Works/ Engineering
PREPARED BY: Jason Farag, Senior Engineer
ACTION:
Receive and file the Road Construction Updates from the Public Works/Engineering Department
SUMMARY:
This staff report presents a summary of major roadway construction projects occurring throughout the City and status updates for each of those projects.
BACKGROUND:
The City’s Public Works and Engineering Department (Department) oversees the planning, design, construction, maintenance, and operations of City maintained improvements/infrastructure (Public Improvements).
Public Improvements are typically either constructed as a condition of Private Development Projects (PDP) or constructed as part of City Capital Improvement Projects (CIP). In both cases, the City authorizes a private contractor to work within the City right-of-way to construct the Public Improvements through an encroachment permit or a Public Works Construction Contract. Under the permit or contract, the private contractor is responsible and liable to manage and maintain their work and their construction methods to complete the Public Improvements. The permits and contracts place certain responsibilities on the private contractor and provide certain indemnification and insurance coverage to the City. To maintain the appropriate delineation of responsibilities and maintain the City’s indemnification and liability protections, the City does not direct the contractor’s work, schedule, or methods of construction except in instances that are necessary to maintain public health and safety or to make sure that construction complies with all minimum standard requirements. The City may suggest or request that a contractor consider alternative approaches, schedules, etc… but the 74 City does not direct the contractor’s work. The contractor is responsible for the entire work zone for the duration of their permit or contract, until the City accepts the improvements into the City maintained road system.
DISCUSSION:
Table 1 below includes a summary of the current major on-going roadway construction activities throughout the City. Table 2 includes the approximate total cost of public improvements that are being installed by each project. For private development projects, these costs represent costs that the private developer is paying that would otherwise have to be paid by the City if not constructed by the developer. Table 2 also includes the construction schedules provided to the City by the contractors responsible for the construction of each project.
Staff has also created a webpage on the City’s website where users can check for more frequent updates regarding traffic impacts from major roadway construction projects. The webpage can be accessed by visiting the following URL:
https://www.cityofwildomar.org/community/construction_alerts Table 1 - Roadway Construction Project Summaries
Project No.
and Type
Roadway Project Name
Roadway
Segment
Project
Description
Approx. Cost
of
Improvements
CIP 026-1
(City CIP)
Bundy
Canyon Rd.
Bundy Canyon
Rd.
Improvement
Project,
Segment 1
Cherry St. to
1600 east of
Oak Canyon
Dr.
Widening of
Bundy
Canyon Rd.
from 2 lanes
to 4 lanes
with new
traffic
signals.
$7,647,000
CIP 059
(City CIP)
Palomar
St./Clinton
Keith Rd.
Palomar
St./Clinton
Keith Rd.
Sidewalk, Trail,
and Bike Lane
Connectivity
Project
Palomar St.:
Delca Ln. to
Clinton Keith
Rd.
Clinton Keith
Rd.:
Renaissance
Plaza to The
Shops at
Clinton Keith
Widening of
Palomar St.
to 4-lanes
with
sidewalks,
trail, and
bike lanes. Widening of
CKR to
three lanes
eastbound
with
sidewalk
$1,500,000
75 P21-0012
Wildomar
Trail Baxter Village
Wildomar
Trail from
I15 to White
Street
Old Baxter
Road from
Wildomar
Trail to
White Street
Margaret
Lane from
Wildomar
Trail to old
Baxter Road
Widening of
Wildomar
Trail to
modified
Arterial with
96’ ROW.
Construction
of Margaret
Lane to
Local with
60’ ROW.
Construction
of old Baxter
Road to
Local with
60’ ROW.
Construction
of RCFC
Master
planned SD
facilities in
Wildomar
Trail and old
Baxter
Road.
Construction
of EVMWD
master
planned
sewer and
water
facilities in
Wildomar
Trail.
$2,236,000
76 P
21-0117PrielippRd. L
ennar, Horizon
s
Bunny
Trail from Eliza
beth
Laneto
endof
project
frontage
Elizabeth
Lane
from
Bunny
Trail to
Prielipp
Prielipp
from
Elizabeth
toYa
mas
Wideningof
BunnyTrail to a modified Collector 60’ROW. Widening o
f
Elizabeth
Lanetoa
Collector
78’ROW. Widening
of
Prielipptoa
Secondary
100’ROW. 66” RCFC master planned S
D
throughsite
andalong
Elizabeth
Laneand
Prielipp. EVMWD master planned sewer an
d
water
facilities in
Prielipp. $
1,900,000
77 P14-0093 McVicar St.
Beazer Homes,
Boulder Creek
McVicar
from
Grand to
Wildomar
Channel
Grand
from
Leslie to
McVicar
Palomar
from
Frederick
beyond
Arnold
Widening of
McVicar to
Modified
Secondary
100’ROW.
Widening of
Grand to
Modified
Secondary
100’ROW.
Widening of
Palomar to
ultimate.
Construction
of Master
Planned
RCFC
McVicar box
culvert.
$3,900,000
Table 2 - Project Updates
Project No. Roadway Status Update
78 CIP 026-1 Bundy Canyon Rd.
Contractor remobilized at
project site on June 16 and
has been completing grading
activities in preparation for
paving.
Sellers Rd.: outside agency
permits for the asbestos
waterline replacement at
Sellers Rd. have been
approved. The contractor has
scheduled chlorination and
testing of the new pipe with
EVMWD on July 11. The
contractor has also scheduled
replacement of the waterline
on July 20. Once the waterline
is replaced, the contractor can
resume and complete the
remaining storm drain work
and backfill of the excavated
area on Sellers Rd.
CIP 059 Palomar St./Clinton Keith Rd.
Construction is expected to
commence in July. The
contractor's current schedule
identifies the following major
activities that are planned to
occur in the first month of
construction: (1) utility
potholing, (2)
demolition/grading, (3) storm
drain installation, (4) concrete
work, (5) wall/fence
installations.
P21-0012 Wildomar Trail at I15
Contractor is recertifying pads.
Completion of storm drain
activities expected this month.
Contractor is in the process of
setting plates on depression in
Wildomar Trail.
Sewer construction is
scheduled to start this month in
Wildomar Trail (this will not
impact current closures).
79 P21-0117
Prielipp Road at Elizabeth
Lane
Prielipp Road closure for
purposes of construction of
storm drain, sewer, water
facilities and street
improvements.
P14-0093 McVicar Road at Grand
Avenue
Construction on McVicar storm
drain to begin week of 7/10.
RCFC box culvert construction to
start July 11 from Grand Ave to
Culvert.
Water/Sewer are both completed.
SCE is currently relocating lines
along McVicar.
FISCAL IMPACT:
Public Improvements constructed as part of a City CIP are funded as shown in the approved City budget. Public Improvements constructed by a private development project are funded by the private developer. There is no impact to the City’s General Fund. 80 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.6
Meeting Date: July 13, 2022
SUBJECT: 2nd Reading of Ordinance No. 218 and 219 for the Inland Valley Medical Center Expansion Project.
SUBMITTED BY: Matthew Bassi, Planning
PREPARED BY: Matthew Bassi, Planning Director
ACTION:
1. Adopt an Ordinance entitled: ORDINANCE NO. 218, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING CHANGE OF ZONE NO. 20-0116 TO CHANGE THE EXISTING ZONING DESIGNATION FROM I-P (INDUSTRIAL
PARK) AND C-P-S (SCENIC HIGHWAY COMMERCIAL) TO M-C (MEDICAL CENTRE) ZONE FOR ENTIRE 22.24-ACRE SITE TO ACCOMMODATE THE PROPOSED INLAND VALLEY MEDICAL CENTER HOSPITAL EXPANSION PROJECT LOCATED AT 36485 INLAND VALLEY DRIVE (APN: 380-250-026)
2 . Adopt an Ordinance entitled: ORDINANCE NO. 219, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2022-04 (PA 20-0116) TO AMEND TITLE 17 OF THE WILDOMAR MUNICIPAL CODE TO ADD CHAPTER 17.86 (MEDICAL CENTER ZONE) TO
ESTABLISH USE AND DEVELOPMENT STANDARDS FOR MEDICAL CENTERS IN THE
CITY OF WILDOMAR
SUMMARY:
The City Council approved the first reading of Ordinance No. 218 and 219 at the June 8, 2022, City Council meeting for the Inland Valley Medical Center expansion project (PA 20-0116). At this time, it would be appropriate for the City Council to adopt Ordinance No. 218 and 219.
ATTACHMENTS:
A. Ordinance No. 218
B. Ordinance No. 219
81 ATTACHMENT A
Ordinance No. 218
82 ORDINANCE NO. 218
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, APPROVING CHANGE OF ZONE NO.
20-0116 CHANGING THE EXISTING ZONING DESIGNATION FOR
ENTIRE 22.24-ACRE SITE FROM I-P (INDUSTRIAL PARK) AND
C-P-S (SCENIC HIGHWAY COMMERCIAL) TO THE M-C
(MEDICAL CENTER) ZONE TO ACCOMMODATE THE
PROPOSED INLAND VALLEY MEDICAL CENTER HOSPITAL
EXPANSION PROJECT LOCATED AT 36485 INLAND VALLEY
DRIVE (APN: 380-250-026)
WHEREAS, the Planning Department has received an application for Change of Zone No. 20-0116 to change the existing zoning designation for the entire 22.24-acre site from I-P (Industrial Park) and C-P-S (Scenic Highway Commercial) to the M-C (Medical Center) Zone to accommodate the proposed Inland Valley Medical Center hospital expansion project from:
Applicant/Owner: Southwest Healthcare System, Inc./Inland Valley Medical Center (Mr. Alistair Machoka, Chief Operating Officer)
Project Location: 36485 Inland Valley Drive, Wildomar, CA 92595 APN: APN: 380-250-026
Project Area: 22.24+ acres
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 Change of Zone No. 20-0116; and WHEREAS, the proposed Change of Zone No. 20-0116 is considered a “Project” as defined by the California Environmental Quality Act, Public Resources Code §21000 et seq. (“CEQA”); and
WHEREAS, the Planning Director determined that there was substantial evidence that the proposed Change of Zone No. 20-0116 may have one or more significant effects on the environment and that preparation of an Environmental Impact Report (EIR) was therefore warranted under Public Resources Code §21080(d) and §21082.2(d); and WHEREAS, in accordance with Section 17.208.040 of the Wildomar Municipal Code, the Planning Department on May 25, 2022 mailed out a public hearing notice to all property owners within a 600-foot radius (and parties requesting such notice) of the project boundaries notifying said property owners of the June 8, 2022 City Council meeting where the Council would review and discuss Change of Zone No. 20-0116; and 83 WHEREAS, in accordance with Ordinance No. 135, the Planning Department on May 27, 2022 posted two (2) public hearing notice “sign boards” on Inland Valley Drive and Prielipp Road (near the entrance to the proposed project) notifying the general public of the June 8, 2022 City Council meeting at which time the Council would consider Change of Zone No. 20-0116; and
WHEREAS, in accordance with Chapter 17.04 and 17.280 of the Wildomar Municipal Code, the Planning Department on May 27, 2022, published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the June 8, 2022 City Council hearing where the Council would discuss Change of Zone No. 20-0116; and
WHEREAS, in accordance with Wildomar Municipal Code, the City Council conducted the duly noticed public hearing on June 8, 2022 at which time interested persons had an opportunity to testify in support of, or opposition to Change of Zone No. 20-0116, and at which time the City Council received public testimony regarding said change of zone.
THE WILDOMAR CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. CEQA ENVIRONMENTAL DETERMINATION
The approval of Change of Zone No. 20-0116 for establishment of the M-C (Medical Center zone is in compliance with requirements of the California Environmental Quality Act (“CEQA”), in that on June 8, 2022, at a duly noticed public hearing, the City Council certified an Environmental Impact Report (SCH# 2021030401) reflecting its independent judgment and analysis and documenting the environmental impacts and mitigation measures related to the proposed Inland Valley Medical Center Expansion project. The documents comprising the City’s environmental review for the project are on file and available for public review at Wildomar City Hall, Planning Department, 23873 Clinton Keith Road, Suite 201, Wildomar, CA 92595.
SECTION 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) The City Council hereby finds the Inland Valley Medical Center Expansion project to be consistent with the MSHCP, as the project is located outside of any MSHCP criteria area cell, and mitigation is provided through payment of the MSHCP Mitigation Fee.
SECTION 3. CHANGE OF ZONE FINDING
In accordance with Government Code 65856 and 65857 and Chapter 17.280 of the Wildomar Zoning Ordinance, the City Council, upon recommendation of the Planning Commission, in light of the whole record before it, including but not limited to the Planning Department’s staff report and all documents incorporated by reference herein, the City’s General Plan and any other evidence within the record or provided at the public hearing of this matter, finds and determines as follows:
84 A. The proposed change of zone is in conformance with the adopted General Plan for the City of Wildomar.
Evidence: The existing general plan land use designation for the Inland Valley Medical Center project site is Light Industrial (LI) which encourages a wide range of business park, industrial and service commercial and office uses with focus on employment and service needs. Currently the site has the hospital and related medical office building which fall within the LI land use designation. The 22.24 project site has an existing zoning designation of I-P (Industrial Park) which also allows for a wide range of business park, industrial and service commercial and office uses. The proposed change of zone from I-P to M-C (Medical Center) was created to be consistent with the Light Industrial (LI) land use designation and similarly compatible with the I-P zone.
Development of the IVMC expansion project; however, could not be accommodated under the current I-P zone development standards without numerous variance requests for setbacks, building height, etc., that could be difficult to support and meet the variance findings. Thus, the new M-C zone and accompanying use and development standards (see ZOA No. 2022-04) specifically target the proposed expansion project that better serves the Inland Valley Medical Center’s current and future needs. With the accompanying zoning ordinance amendment, the change of zone from I-P to M-C is consistent with the General Plan and meets this finding.
The proposed zone change also furthers the following general plan policies:
LU 2.1 The proposed project will accommodate a land use development that is in accordance with patterns and distribution of land uses that are depicted on the General Plan Land Use map proposed for the subject site.
LU 4.1 The proposed project will accommodate a land use development proposal that is located and designed to visually enhance and not degrade the character of the surrounding area.
LU 6.1 The proposed project will be developed in accordance with the proposed General Plan land use designation that ensures compatibility and minimizes impacts.
LU 22.10 The proposed project is designed to consider the surrounding areas to visually enhance, and not degrade, the appearance of adjacent structures.
LU23.6 The proposed project will have proper mitigation measures to protect the neighboring residential areas from noise, light, fumes, odors, vehicular traffic, parking, and operational hazards.
85 LU23.7 The proposed project will be served by water and sewer along provided by EVMWD to meet the project demands.
SECTION 4: AMENDMENT TO THE ZONING MAP
The City Council, based on the finding above, hereby adopts an Ordinance approving Change of Zone No. 20-0116 to change the existing zoning designation for the entire 22.24-acre site from I-P (Industrial Park) and C-P-S (Scenic Highway Commercial) to the M-C (Medical Center) Zone to accommodate the proposed Inland Valley Medical Center hospital expansion project as illustrated herein as Exhibit 1 of this Ordinance.
SECTION 5. EFFECTIVE DATE OF THE ORDINANCE
This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.
SECTION 6 SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c).
PASSED, APPROVED AND ADOPTED, this 13th day of July, 2022. _______________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ ________________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
86 Exhibit 1
Zone Change Exhibit
(APN: 380-250-026)
(Change of Zone from I-P and C-P-S to M-C)
87 ATTACHMENT B
Ordinance No. 219
88 ORDINANCE NO. 219
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, APPROVING ZONING
ORDINANCE AMENDMENT NO. 22-04 (PA 20-0116 TO
AMEND TITLE 17 OF THE WILDOMAR MUNICIPAL CODE
TO ADD CHAPTER 17.86 (MEDICAL CENTER ZONE) TO
ESTABLISH USE AND DEVELOPMENT STANDARDS FOR
MEDICAL CENTERS IN THE CITY OF WILDOMAR
WHEREAS, the Planning Department has received an application for Zoning Ordinance Amendment No. 2022-04 (PA 20-0116) to modify Title 17 (Zoning) of the Wildomar Municipal Code to establish use and development standards for medical centers from:
Applicant/Owner: Southwest Healthcare System, Inc./Inland Valley Medical Center (Mr. Alistair Machoka, Chief Operating Officer)
Project Location: 36485 Inland Valley Drive, Wildomar, CA 92595 APN: APN: 380-250-026
Project Area: 22.24+ acres
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. 2022-04; and make a recommendation to the City Council; and
WHEREAS, the proposed Zoning Ordinance Amendment No. 2022-04 is considered a “Project” as defined by the California Environmental Quality Act, Public Resources Code §21000 et seq. (“CEQA”); and
WHEREAS, the Planning Director determined that there was substantial evidence that the proposed Zoning Ordinance Amendment No. 2022-04 may have one or more significant effects on the environment and that preparation of an Environmental Impact Report (EIR) was therefore warranted under Public Resources Code §21080(d) and §21082.2(d); and
WHEREAS, in accordance with Section 17.208.040 of the Wildomar Municipal Code, the Planning Department on May 25, 2022 mailed out a public hearing notice to all property owners within a 600-foot radius (and parties requesting such notice) of the project boundaries notifying said property owners of the June 8, 2022 City Council meeting where the Council would review and discuss Zoning Ordinance Amendment No. 2022-04; and
WHEREAS, in accordance with Ordinance No. 135, the Planning Department on May 27, 2022 posted two (2) public hearing notice “sign boards” on Inland Valley Drive 89 and Prielipp Road (near the entrance to the proposed project) notifying the general public of the June 8, 2022 City Council meeting at which time the Council would consider Zoning Ordinance Amendment No. 2022-04; and
WHEREAS, in accordance with Chapter 17.04 and 17.280 of the Wildomar Municipal Code, the Planning Department on May 27, 2022, published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the June 8, 2022 City Council hearing where the Council would discuss Zoning Ordinance Amendment No. 2022-04; and
WHEREAS, in accordance with Wildomar Municipal Code, the City of Wildomar City Council conducted the duly noticed public hearing on June 8, 2022 at which time interested persons had an opportunity to testify in support of, or opposition to Zoning Ordinance Amendment No. 2022-04, and at which time the City Council received public testimony regarding said code amendment.
THE CITY COUNCIL OF THE CITY OF WILDOMAR HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. CEQA/ENVIRONMENTAL DETERMINATION
The approval of ZOA No. 2022-04 for establishment of the M-C (Medical Center zone is in compliance with requirements of the California Environmental Quality Act (“CEQA”), in that on June 8, 2022, at a duly noticed public hearing, the City Council certified an Environmental Impact Report (SCH# 2021030401) reflecting its independent judgment and analysis and documenting the environmental impacts and mitigation measures related to the proposed Inland Valley Medical Center Expansion project. The documents comprising the City’s environmental review for the project are on file and available for public review at Wildomar City Hall, Planning Department, 23873 Clinton Keith Road, Suite 201, Wildomar, CA 92595.
SECTION 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) The City Council hereby finds that Zoning Ordinance Amendment No. 2022-04 for the Inland Valley Medical Center Expansion project is consistent with the MSHCP, and that the project is not located in any MSHCP criteria cell area, and required mitigation is provided through payment of the MSHCP Mitigation Fee.
REQUIRED ZOA FINDING
In accordance with the provisions of Chapter 17.280 of the Zoning Ordinance, the City Council hereby makes the following finding approving Zoning Ordinance Amendment No. 2022-04.
A. The proposed amendment is consistent with the City of Wildomar General Plan and Zoning Ordinance.
90 Finding: The existing general plan land use designation for the Inland Valley Medical Center project site is Light Industrial (LI) which encourages a wide range of business park, industrial and service commercial and office uses with focus on employment and service needs. Currently the site has the hospital and related medical office building which fall within the LI land use designation. Also, the new M-C zone (Change of Zone 20-0116) was created to be consistent with the Light Industrial (LI) land use designation in direct coordination with the adoption of this code amendment.
The proposed M-C zone district is also consistent with the Zoning Ordinance in that the new zone district and accompanying use and development standards (Exhibit 1 of this Resolution) are specifically intended to accommodate the proposed hospital expansion project to better serve the Inland Valley Medical Center’s current and future needs. Further, the new development standards eliminate the need for numerous variance requests for setbacks, building height, etc., (under the current IP zone) that could be difficult to support and meet the required findings. Adoption of the new use and development standards is a better approach to accommodate the proposed project. Given this, the proposed zoning ordinance amendment to establish the new M-C zone district and accompanying use and development standards is consistent with the Zoning Ordinance and meets this finding.
The proposed code amendment also furthers the following general plan policies:
LU 2.1 The proposed project will accommodate a land use development that is in accordance with patterns and distribution of land uses that are depicted on the General Plan Land Use map proposed for the subject site.
LU 4.1 The proposed project will accommodate a land use development proposal that is located and designed to visually enhance and not degrade the character of the surrounding area.
LU 6.1 The proposed project will be developed in accordance with the proposed General Plan land use designation that ensures compatibility and minimizes impacts.
LU 22.10 The proposed project is designed to consider the surrounding areas to visually enhance, and not degrade, the appearance of adjacent structures.
LU23.6 The proposed project will have proper mitigation measures to protect the neighboring residential areas from noise, light, fumes, odors, vehicular traffic, parking and operational hazards.
LU23.7 The proposed project will be served by water and sewer along provided by EVMWD to meet the project demands.
91 SECTION 4: AMENDMENT TO THE WILDOMAR MUNICIPAL CODE
Section 17.86 Medical-Center (M-C Zone) a new code section is hereby added to the Wildomar Municipal Code to read as follows:
17.86.010 Purpose and Intent
This chapter provides a procedure to implement the Medical-Center (M-C) zoning district for the Inland Valley Regional Medical Center hospital site. The intent of this MC district is to provide land use and development standards specific to the Inland Valley Regional Medical Center hospital site to support the hospital, as well as office, commercial, limited residential, and medical related uses in a campus environment.
17.86.020 Uses Permitted
A. The following uses are permitted subject to a Plot Plan approval in accordance with Section 17.216 of this code:
1. Hospitals and medical centers.
2. Professional offices, including medical, dental, chiropractic, etc.
3. Laboratories, dental, medical, research or testing, etc.
4. Drug stores (with drive-through facilities).
5. Restaurants and other eating establishments (excluding drivethrough facilities).
6. Parking lots and parking structures.
7. Signs, on-site advertising (refer to Section 17.252 of this code).
8. Banks and financial institutions, including ATM’s.
9. Florist shops or gift shops.
10. Gyms and Health Clubs
11. Pharmacies
12. Disguised Wireless Facilities (in accordance with Sec. 17.310 of WMC)
13. Hotels
B. The following uses are permitted subject to a conditional use permit (CUP) in accordance with Section 17.200 of this code.
1. Urgent care clinics as defined in Section 17.300.020 of the WMC.
2. Heliports (in compliance with FAA rules and regulations).
3. Child day care center.
4. Assisted Living/Congregate Care Facilities
92 C. Any use that is not specifically listed in subsections A and B of this section may be considered a permitted or conditionally permitted use; provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such use is subject to the permit process which governs the category in which it falls.
17.86.030 MC Zone Development Standards
The following development standards shall be required in the MC zone district:
A. Lot Area. The minimum lot size shall be 20,000 square feet with a minimum average lot width and depth of 100 feet.
B. Building Height. The maximum building height for any structure shall not exceed 170 feet (inclusive of mechanical equipment screens).
C. Building Setbacks. The minimum building setbacks for structures in the MC zone are as follows:
1. Inland Valley Drive street setback. The minimum building setback from Inland Valley Drive shall not be less than be 50 feet as measured from the ultimate property line. A minimum 10-foot landscape strip adjacent to the street property line shall be landscaped and maintained.
2. West property line setback (along I-15 freeway). The minimum building setback from the west property line shall not be less than 50 feet. A minimum 10-foot landscape strip adjacent to the property line shall be landscaped and maintained.
3. North property line setback. The minimum building setback from the north property line shall not be less than 25 feet. A minimum 10-foot landscape strip adjacent to the property line shall be landscaped and maintained.
4. East property line setback (south of Prielipp Road). The minimum building setback at the southeasterly property line shall not be less than 20 feet. A minimum 5-foot landscape strip adjacent to the south property line shall be appropriately landscaped and maintained.
5. Setback adjustments are permitted, including but not limited to wireless telecom facilities in accordance with Section 17.172.220 of the WMC.
D. All roof-mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet surrounding the property.
E. On-site vehicle parking shall be required as follows :
1. 1 space / 2 patient beds.
2. 1 space / vehicle owned and operated by the hospital or clinic. 93 3. 1 space / staff member of largest shift.
F. Requests for Modifications from Parking Standards. The Planning Director may permit modifications to the circulation and parking layout requirements where topographic or other physical conditions make it impractical to require strict compliance with these requirements.
G. Alternative Programs for Parking. An applicant may request alternative parking programs in accordance with Section 17.188.030.B.5 of the WMC.
H. All loading docks and trash/service areas shall be screened from Inland Valley Drive by walls, landscaping, or similar. (chain link is allowed but shall include green vinyl covered material and landscaping in front).
I. A minimum 15% of the site shall be landscaped and automatic irrigation shall be installed and mainlined at all times. Landscaping in parking lots/areas shall comply with Section 17.188.070 of the WMC.
J. Outside storage of any materials shall be screened with structures or landscaping. Landscaping shall be placed in a manner adjacent to the exterior boundaries of the area so that materials stored are screened from view. Decorative block walls or other fencing (no chain link) shall be provided.
K. All lighting, including spotlights, floodlights, electrical reflectors and other means of illumination for signs, structures, landscaping, parking, loading, unloading and similar areas shall be focused, directed, and arranged to prevent glare or direct illumination on streets or adjoining property, and be in compliance with Section 8.64 of the WMC.
17.86.040 Variance from these Development Standards
A. Notwithstanding the requirements of this chapter, any variance from these development standards shall be approved by the Planning Commission pursuant to Section 17.196 of the WMC. Approval of a variance shall meet the findings contained in Section 17.196 of the WMC.
17.86.050 Signs for Hospitals in the MC Zone
The following sign standards apply to all hospitals located in the M-C (MedicalCenter) zone. For the purposes of this section, a hospital shall include all facilities owned, operated, and in conjunction with the hospital use.
A. Freeway Oriented Electronic Graphic Display Signs. LED signs shall be permitted for hospitals located in the M-C (Medical-Center) zone in accordance with the regulations outlined in Section 17.252.040.G of the WMC.
B. Banners. Banners affiliated with a hospital located in the M-C (MedicalCenter) zone are allowed as follows:
a. The maximum height above the ground for a banner shall be 20 feet. 94 b. The minimum ground clearance for a banner shall be eight (8) feet. c. The minimum ground clearance for a banner over a driveway shall be 20 feet.
d. No banners shall impair visibility of other signs located on adjacent property as determined by the Planning Director.
e. Banners may be mounted to buildings, freestanding vertical poles and/or light standards. No banners shall be attached to vehicles, freestanding walls/fences, or roofs of buildings. All mounting hardware shall be consistent with Title 15 (Building code) of the WMC.
f. A maximum number of two (2) fixed banners shall be displayed at any given time.
g. The maximum sign area for a fixed banner shall be sixty (60) square feet.
h. Banners shall be maintained in good repair.
C. Light Projection Signs.
1. The following standards shall apply to Light Projection signs for all hospitals located in the M-C (Medical-Center) zone.
2. The maximum area allowable for a Light Projection sign shall be 1500 square feet.
3. Light Projection signs shall not be permitted to shine onto any transparent surface of a building.
4. No more than two (2) Light Projection signs may be approved for a hospital.
5. Light projection signs not for a hospital are prohibited.
D. Signs Affixed to Buildings. In addition to those wall signs permitted by Section 17.252.040.B of the WMC, additional wall signs may be permitted for a hospital in the M-C (Medical-Center) zone subject to the following standards:
1. Wall signs shall be approved by the Planning Director. If illuminated, electrical permits shall be obtained from the Building department.
2. Wall signs may be located on any building located within the M-C (Medical-Center) zone.
3. A maximum cumulative total of four (4) additional wall signs are permitted.
4. The Planning Director shall review and approve such additional wall signs subject to the following standards:
95 a. The signs shall be proportional to the size and compatible with the architecture of the building or structure to which it is attached.
b. The signs shall not negatively impact the flow of traffic or cause confusion for motorists.
c. The signs shall not contribute to visual overcrowding or be incompatible with the architecture and siting of adjacent buildings or other private or public improvements.
E. Directional Signs. In addition to those signs permitted under this section and in Section 17.252.040.B of the WMC, a hospital in the M-C (MedicalCenter) are permitted directional signs as necessary to direct visitors throughout the property. The maximum size of a directional sign shall not exceed 16 square feet (4’ x 4’), and the maximum height shall not exceed four (4) feet.
F. Changes to Signs Allowed for Hospitals. Changing out the signs for replacement of new signs of the same material, shape, size and illumination method and consistent with all other aspects of this section does not require approval from the Planning Director.
SECTION 5. EFFECTIVE DATE OF THE ORDINANCE.
This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.
SECTION 6 SEVERABILITY.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 7. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Section 39633(c). 96 PASSED, APPROVED AND ADOPTED, this 13th day of July, 2022. _______________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
_________________________ ________________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
97 CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.7
Meeting Date: July 13, 2022
SUBJECT: Second Reading and Adoption of Special Tax Ordinance for Community Facilities District No. 2022-2 (Horizon Place) SUBMITTED BY: Emily Stadnik, Public Works/ Engineering
PREPARED BY: Ninette Eva, Associate Engineer
ACTION:
Conduct the second reading of and adopt: ORDINANCE NO. 221, ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-2 (HORIZON
PLACE) OF THE CITY OF WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES BACKGROUND:
CAL Hearthstone Lot Option Pool 01, L.P. (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, acting as a land bank, has an arrangement with Lennar Homes of California, LLC (“Lennar”) whereby Lennar will acquire property from the Developer to develop the property and build the homes thereon.
On April 13, 2022, the City Council adopted Resolution Nos. 2022-12 and 2022-13, which declared City’s intention to establish the District and the intention to incur bonded indebtedness within the District (together, the “Resolution of Intention”). The Resolution of Intention called for a public hearing to be held on June 8, 2022 to formally consider the approval of the formation of the CFD, the approval of the levy of the special taxes within the District and the issuance of bonds to finance the public improvements benefitting the District.
Following the close of the public hearing on June 8, 2022, the City Council adopted resolutions which formed the District, determined the necessity to incur debt within the District, approved the levy of the special taxes in the District in accordance with the rate and method of apportionment of special taxes for the District (the “RMA”). Such resolutions also called for an election on June 8, 2022, to submit to the qualified voters the District ballot measures on the approval of the special taxes, the issuance of the bonds and an appropriations limit for the 98 District, which were approved by the requisite number of votes within the District. Following certification of the election results, the City introduced and conducted a first reading by title only, the special tax ordinance for the District (the “Ordinance”) to levy the special tax within the District in accordance with the RMA. The second reading and adoption is required for the Ordinance to become effective. If adopted, the Ordinance will become effective 30 days from the date of this meeting.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action of this item.
ACCOUNT CODE:
Fund 221 will be established for this CFD. The adoption of any Revenue Budget or Expenditure Budget will take place when amounts have been determined.
ATTACHMENTS:
A. Ordinance No. 221
99 ORDINANCE NO. 221
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2022-2 (HORIZON PLACE) OF THE CITY OF WILDOMAR
AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEAREAS, on April 13, 2022, the City Council (the “City Council”) of the City of Wildomar (the “City”) adopted Resolution No. 2022-12 declaring its intention to form Community Facilities District No. 2022-2 (Horizon Place) of the City of Wildomar (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), and its Resolution No. 2022-13 declaring its intention to incur bonded indebtedness for the District; and
WHEAREAS, on June 8, 2022, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District, the proposed levy of a special tax therein to finance certain public facilities described in Resolution No. 2022-12 and to secure the payment of any bonded indebtedness of the District, and the proposed issuance of up to $10,000,000 of bonded indebtedness as described in Resolution No. 2022-13; and WHEAREAS, at the June 8, 2022 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the facilities described in Resolution No. 2022-12 and to secure the payment of up to $10,000,000 of bonded indebtedness of the District as described in Resolution No. 2022-13 (the “Bonds”) were heard and a full and fair hearing was held; and
WHEAREAS, on June 8, 2022, the City Council adopted Resolution Nos. 2022- 32 and 2022-33 which formed the District and called a special election within the District on June 8, 2022 on three propositions relating to the levy of a special tax within the District, the issuance of the Bonds and the establishment of an appropriations limit within the District; and
WHEAREAS, on June 8, 2022, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2022-32, the issuance of the Bonds as described in Resolution No. 2022-33 and establishing an appropriations limit for the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-2 (HORIZON PLACE) OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:
100
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 2022-12, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter until payment in full of the Bonds (including any bonds issued to refund the Bonds), payment of all costs of the public facilities and services authorized to be financed by the District, and payment of all costs of administering the District.
Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate.
Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full, the facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section G of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2022-32 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2022-32.
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
101
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of the Bonds (including any bonds issued to refund the Bonds), together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on the Bonds (including any bonds issued to refund the Bonds), order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Wildomar.
Section 9. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 11. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
Section 12. This Ordinance shall take effect thirty days after its final passage.
PASSED AND ADOPTED on this 13th day of July, 2022.
_____________________________
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
102
CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.8
Meeting Date: July 13, 2022
SUBJECT: Second Reading and Adoption of Special Tax Ordinance for Community Facilities District No. 2022-1 (Services)
SUBMITTED BY: Emily Stadnik, Public Works/ Engineering
PREPARED BY: Ninette Eva, Associate Engineer
ACTION:
Conduct the second reading of and adopt: ORDINANCE NO. 220, AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) OF THE CITY OF WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES BACKGROUND:
CAL Hearthstone Lot Option Pool 01, L.P. (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, acting as a land bank, has an arrangement with Lennar Homes of California, LLC (“Lennar”) whereby Lennar will acquire property from the Developer to develop the property and build the homes thereon.
On April 13, 2022, the City Council adopted Resolution No. 2022-11, which declared City’s intention to establish the District (the “Resolution of Intention”). The Resolution of Intention called for a public hearing to be held on June 8, 2022 to formally consider the approval of the formation of the CFD and the approval of the levy of the special taxes within the District to finance costs of certain maintenance and safety services.
Following the close of the public hearing on June 8, 2022, the City Council adopted a resolution which formed the District and approved the levy of the special taxes in the District in accordance with the rate and method of apportionment of special taxes for the District (the “RMA”). Such resolution also called for an election on June 8, 2022, to submit to the qualified voters the District ballot measures on the approval of the special taxes and an appropriations limit for the District, which were approved by the requisite number of votes within the District.
Following certification of the election results, the City introduced and conducted a first reading 103
by title only, the special tax ordinance for the District (the “Ordinance”) to levy the special tax within the District in accordance with the RMA. The second reading and adoption is required for the Ordinance to become effective. If adopted, the Ordinance will become effective 30 days from the date of this meeting.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended action of this item.
ATTACHMENTS:
ORDINANCE CITY OF WILDOMAR CFD 2022-1 (SERVICES).doc
104
4871-1575-2478v3/200945-0001
ORDINANCE NO. 220
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2022-1 (SERVICES) OF THE CITY OF WILDOMAR
AUTHORIZING THE LEVY OF SPECIAL TAXES
Whereas, on April 13, 2022, the City Council (the “City Council”) of the City of Wildomar (the “City”) adopted Resolution No. 2022-11 declaring its intention to form Community Facilities District No. 2022-1 (Services) of the City of Wildomar (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and Whereas, on June 8, 2022, after providing all notice required by the Act, the City Council conducted a noticed public hearing required by the Act relative to the proposed formation of the District and the proposed levy of a special tax therein to finance certain public services described in Resolution No. 2022-11; and
Whereas, at the June 8, 2022 public hearing, all persons desiring to be heard on all matters pertaining to the formation of the District and the proposed levy of the special tax to finance the services described in Resolution No. 2022-11 were heard and a full and fair hearing was held; and
Whereas, on June 8, 2022, the City Council adopted Resolution No. 2022-30 which formed the District and called a special election within the District on June 8, 2022 on two propositions relating to the levy of a special tax within the District and the establishment of an appropriations limit within the District; and
Whereas, on June 8, 2022, a special election was held within the District at which the qualified electors approved by more than a two-thirds vote Propositions A and B authorizing the levy of a special tax within the District for the purposes described in Resolution No. 2022-30 and establishing an appropriations limit for the District; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special taxes within the District pursuant to Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of apportionment set forth in Attachment C to Resolution No. 2022-11, which is incorporated by reference herein (the “Rate and Method”). The special taxes are hereby levied commencing in the fiscal year specified in the Rate and Method and in each fiscal year thereafter so long as the services authorized to be financed by the District are provided through such financing within the District.
105
2 4871-1575-2478v3/200945-0001
Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, or their written designees (each, an “Authorized Officer”), acting alone, is hereby authorized and directed each fiscal year to determine the specific special tax rates and amounts to be levied in such fiscal year on each parcel of real property within the District, in the manner and as provided in the Rate and Method. The special tax rate levied on a parcel pursuant to the Rate and Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and directed to provide all necessary information to the Treasurer-Tax Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special tax, so that the special tax shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year.
Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and Section G of the Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2022- 30 or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment or an existing special tax as provided in Section 53334 of the Act.
Section 5. All the collections of the special tax shall be used as provided for in the Act, the Rate and Method and Resolution No. 2022-30.
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by this City Council from time to time.
Section 7. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy City Clerk (referred to herein as the “City Clerk”) shall attest to the Mayor’s signature and then cause the same to be published within fifteen (15) days after its passage at least once in The Press Enterprise, a newspaper of general circulation published and circulated in the City of Wildomar.
Section 8. The specific authorization for adoption of this Ordinance is pursuant to the provisions of Section 53340 of the Act.
Section 9. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Treasurer-Tax Collector of the County of Riverside, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance.
Section 10. A full reading of this Ordinance is dispensed with prior to its final passage, a written or printed copy having been available to the City Council and the public a day prior to its final passage.
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Section 11. This Ordinance shall take effect thirty days after its final passage.
Passed and Adopted on this 13th day of July, 2022.
_____________________________
Ben J. Benoit, Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales
City Attorney City Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales, City Clerk of the City of Wildomar, California, do hereby certify that Ordinance No. ____________ was adopted by the City Council of the City of Wildomar, California, at the Regular meeting of ________, 2022 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Janet Morales
City Clerk
City of Wildomar
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CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: July 13, 2022
SUBJECT:
Professional Services Agreement for On-Call Geotechnical and Materials Testing Services with Geocon West, Inc.
SUBMITTED BY: Jason Farag, Public Works/ Engineering
PREPARED BY: Cameron Luna, Associate Engineer
ACTION:
Authorize the City Manager to execute a Professional Services Agreement with Geocon West, Inc. for On-Call Geotechnical and Materials Testing Services.
SUMMARY:
The City requires geotechnical engineering services for specific projects, to provide quality assurance during construction of Capital Improvement Projects and to provide technical review services for private development projects. The City has contracted with Geocon West, Inc. over the past few years for these services, and staff is recommending the City enter into a new contract with Geocon West, Inc. to continue providing these services.
BACKGROUND:
On July 18, 2018, the City Council authorized the City Manager to execute two contracts with Geocon West, Inc. (“GeoCon”) for On-Call Geotechnical and Materials Testing in the amount of $150,000 each. Geocon was selected after the City issued a Request for Proposals (RFP) and evaluation of the proposals received in response to the RFP.
Section 1 of the contracts (Term of Agreement) provided for a term of three years with two additional one-year extensions. The original term of the agreements ended on July 18, 2021.
Geocon did not submit a formal request for a contract extension prior to expiration. However, Geocon has continued to provide services to the City on several projects, including work 109
orders that were issued to Geocon prior to the expiration of the original agreements.
Therefore, the City has continued to work with Geocon under the provisions of the original agreements.
DISCUSSION:
Upon receiving notification of the expired agreement, Geocon submitted an extension request letter to the City. Geocon has performed to the terms of the prior Agreements and has provided timely and accurate submittal reviews, technical support, laboratory testing and field inspections for a reasonable fee. Therefore, the City desires to enter into a new Professional Services Agreement for On-Call Geotechnical and Materials Testing Services (see Attachment).
The City has a need for geotechnical and material testing services for design and construction of City projects, for land development construction monitoring and for other geotechnical issues that might occur within the City. Testing is required on all Federal Funded projects. The Scope of Services for the proposed Agreements are the same as the previous Agreements and the proposed Fee Schedule would be updated to the Consultant’s 2022 Schedule of Fees, which increases the rates for services by $5-$10 per hour for office staff but reduces the rates for services by $30 per hour for field staff. The full rate table is included in Exhibit B of Attachment A. The new Agreement will remain in effect until terminated by either party.
FISCAL IMPACT:
The compensation for the services associated with the proposed Agreement is covered by the various Development or Capital Improvement Projects for which services are requested.
Required geotechnical services will be funded from the individual Project Budgets or from Private Developer Deposits. There is no fiscal impact to the City’s General Fund.
ATTACHMENTS:
A - Agreement for Services
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ATTACHMENT A
111
AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
GEOCON WEST, INC
// 2021
RIV #4814-7282-0706 v1
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
This Agreement for Geotechnical Professional Services (“Agreement”) is entered into as of this 13th day of July, 2022 by and between the City of Wildomar, a municipal corporation (“City”) and Geocon West, Inc., a California Corporation (“Service Provider”).
City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for qualifications the performance of geotechnical and materials testing services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a Statement of Qualifications for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
The Term of this Agreement shall commence on the date ascribed above and shall continue until either party terminates the Agreement pursuant to the provisions of Section 20 “Termination of Agreement”.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
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(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
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(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s representations in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, 115
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expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. 116
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(c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
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SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform nonrelated services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be 118
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considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification by Service Provider. Where the services to be provided by Service Provider under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Service Provider agrees to indemnify (including reimbursement of reasonable costs of defense) and hold harmless, the City, its officers, officials, and employees from costs or liability to the extent caused by the negligence, recklessness or willful misconduct of Service Provider and its subcontractors in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative negligence or willful misconduct of the City, then Service Provider’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Service Provider’s proportionate percentage of fault. (b) As respects all acts or omissions which do not arise directly out of the performance of Service Provider services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Service Provider agrees to indemnity, defend and hold harmless the City, its officers officials, and employees for and against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Service Provider’s performance or failure to perform under the terms of this contract, excepting those which arise out of the negligence or willful misconduct of the City, its officers, officials, and employees . 119
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(c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required here, Service Provider agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the 120
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Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, 121
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fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
Geocon West, Inc. Joseph J. Vettel, GE
Chief Executive Officer
41573 Corning Place, Suite 101
Murrieta, California 92562
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code. 122
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SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this 123
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Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
Daniel A. York
City Manager
ATTEST:
Janet Morales, CMC
City Clerk
APPROVED AS TO FORM
Thomas D. Jex
City Attorney
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127
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EXHIBIT "A"
SCOPE OF SERVICES
A. REQUIRED SERVICES
All work performed under this contract will require approval by the City and issued through a Task Order. A Task Order shall be requested from the Consultant to identify and refine the scope of services prior to issuing the Task Orders. For each project the Task Order shall detail the tasks required, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The City shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and to establish the completion date.
Pursuant to an authorized Task Order, the Consultant shall provide Materials Testing and Geotechnical Services and all necessary personnel, material, transportation, lodging, instrumentation, and the specialized facilities and equipment necessary to satisfy all appropriate agencies and required to ensure compliance with all applicable Federal, State, and Local statutes, laws, codes, regulations, policies, procedures, ordinances, standards, specifications, performance standards, and guidelines, applicable to the Consultant's services and work product. The consultant is responsible for supplying and providing all necessary equipment and protective clothing in accordance with City and State standards.
The potential projects may vary in scope and size, and may encompass any type of improvement for the storm drain, park or transportation system including, but not limited to rehabilitation, widening and/or realignment of existing facilities, relocation of existing facilities, and construction of new facilities. The project location, project limits, purpose, expected results, project deliverables, period of performance, project schedule, and scope of work to be performed shall be described in each Task Order.
The Consultant shall perform services relating to field sampling and in-situ testing of materials (collectively, "Materials Sampling and Testing Work") as required by the City and specified in a Task Order. The Consultant shall perform services relating to laboratory testing, analysis, and reporting of materials (collectively, "Special Materials Analysis Work") as required by the City and as specified in a Task Order.
The Consultant shall inspect material processing plants operation during the production of Asphalt Concrete, Portland Cement Concrete, reinforced concrete pipe and other related materials. The Consultant shall sample and test rock and sand according to the California Test Methods and Local Agency Construction Manual. The Consultant shall also obtain samples of oil binders, cements and admixtures in accordance with the requirements of the Construction Manual. The Consultant shall visit quarries and mine pits to witness material source sampling, stockpiling and testing samples of binders, cement admixtures and other related materials.
The Consultant shall maintain a set of project files that shall be indexed in accordance with 128
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California Test Methods Manual.
The Consultant shall prepare the required calculations and reports according to the State’s standards and requirements for the Materials Sampling and Testing Services work including the plant inspection services work.
The Consultant shall have access to plant and mobile laboratories to perform Materials Sampling and Testing Services. The Consultant shall provide a copy of the firm’s nuclear gauge license to the City.
The Consultant shall have the ability to respond in a timely and cost-efficient manner for requests for Materials Testing and Geotechnical Services work at any project location. 129
B-1
EXHIBIT "B"
COMPENSATION
SEE ATTACHED FEE SCHEDULE.
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2022 Schedule of Fees – RV22
GEOTECH NICAL
ENVIRONMENTA L
MATERIALS
PROFESSIONAL SERVICES
Word Processor/Non-Technical Assistant/Draftsman.......................................................................................................................................$83/hr.
Engineering Assistant/Lab Technician................................................................................................................................................................$93/hr.
Engineering Field Technician .............................................................................................................................................................................*75/hr.
Senior Field Technician......................................................................................................................................................................................*75/hr.
Special Inspector (Concrete, Rebar, Masonry, Welding, etc.)..............................................................................................................................*85/hr.
Field Technician Supervisor .............................................................................................................................................................................*120/hr.
Staff Engineer/Geologist ..................................................................................................................................................................................*120/hr.
Sr. Staff Engineer/Geologist .............................................................................................................................................................................*125/hr.
Project Engineer/Geologist...............................................................................................................................................................................*135/hr.
Senior Project Engineer/Geologist....................................................................................................................................................................*145/hr.
Senior Engineer/Geologist ...............................................................................................................................................................................*155/hr.
Associate Engineer/Geologist ...........................................................................................................................................................................*165hr.
Principal Engineer/Geologist/Litigation Support..................................................................................................................................................250/hr.
Attorney Fees (General)...................................................................................................................................................................................*350/hr.
Deposition or Court Appearance ......................................................................................................................................................................$400/hr.
Overtime/Saturday Rate/Night Rate (10pm – 6am w/ 8 Hr minimum per call out) ................................................................1.5 X Regular Hourly Rate Sunday and Holiday Rate....................................................................................................................................................... 2 X Regular Hourly Rate MinimumField Services Fee (per day or per call-out) ....................................................................................................................................... 4 Hours Short-Notice Cancellation (after 4 pm of the day prior to the scheduled inspection time)................................................................................... 4 Hours Short-Notice Cancellation (upon or after arrival at jobsite)................................................................................................................................. 4 Hours *Prevailing Wage (PW) California Labor Code §1720, et. Seq. add $40/hr.
TRAVEL
Personnel.....................................................................................................................................................................................Regular Hourly Rate Subsistence (Per Diem) ............................................................................................................................................................... ......................Quote Vehicle Mileage..............................................................................................................................................................................................0.75/mile
EQUIPMENT & MATERIALS
*Nuclear Density Gauge/Sand Cone Testing Equipment ............. $10/hr. Water Buffalo ............................................................................. $75/ea. *Vehicle............................................................................................ $10/hr. Battery-Powered Pump ........................................................... $100/day *Special Inspection Equipment ........................................................ $5/hr. Water Level Indicator ................................................................ $50/day CoringMachine (concrete, asphalt,masonry) .......................... $285/day Perforated 3” PVC Pipe..................................................... $25/10ft.
Generator..................................................................................... $105/day Gravel...................................................................................... $30/bag Double Ring Infiltrometer ............................................................ $135/day Sand ........................................................................................ $30/bag GPS Unit...................................................................................... $175/day AC Cold Patch ......................................................................... $30/bag Pick-up Truck .............................................................................. $150/day Quick Set PCC Patch............................................................... $30/bag Mobile Laboratory with Lab Technician .................................. $1,650/day Temp Marking Paint..................................................................$15/can Drive-Tube Sampler ..................................................................... $60/day Lath........................................................................................... $10/ea.
Hand-Auger .................................................................................. $50/day Air Compressor....................................................................... $150/day Dynamic Cone Penetrometer .................................................... $250/day Soil Sample Tube....................................................................... $15/ea.
Double Ring Infiltrometer ........................................................... $200/day Percussion Hammer Drill......................................................... $125/day Manometer ................................................................................. $100/day ....................................................................................................................
Schmidt Hammer ....................................................................... $100/day ....................................................................................................................
GEOCON WEST, INC • 41571 Corning Place, Suite 101, Murrieta, A 92562 www.geoconinc.com • 951.304.2300 • FAX 951.304.2392
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GEOTECH NICAL
ENVIRONMENTA L
MATERIALS
COMPACTION CURVES SOIL AND AGGREGATE PROPERTIES
(D698/D1557/T99/T108) 4-inch mold ............................................... $220 (D422/T88) Particle Size, Hydrometer w/out Sieve......................... $165 (D698/D1557/T99/T108) 6-inch mold ............................................... $230 (C136/D6913/T27) Sieve, Coarse to Fine w/ #200 Wash................ $150 (CT 216) California Impact................................................................. $230 (C136/D6913/T27) Sieve, Coarse or Fine w/ #200 Wash ............... $115 Check Point ........................................................................................ $100 (C136/D6913/T27) Sieve, Coarse or Fine No #200 Wash .............. $100 (D1632/CT312) Soil Cement Cyl. Fabrication (Set of 3) ................. $150 (C117/D1140/T11) Materials Finer than #200...................................$90 (D1632/CT312) Soil Cement Cyl. Fabrication (Addtl. Spec.) ............ $50 (D2216/T265/CT226) Moisture Content............................................$30 (D1633/CT312) Soil Cement Comp. Strength (Set of 3) ................. $300 (D2487/D2488) Visual Soil Classification .........................................$30 (D1633/CT312) Soil Cement Comp. Strength (Addtl. Spec.) ......... $ 100 (D2937) Density of In-Place Soil, Drive-Cyl. Method.........................$45 SOIL AND AGGREGATE STABILITY (D4943) Shrinkage Factors of Soils, Wax Method ............................$55 (D2844/CT301) Resistance Value .................................................... $290 (C131/C535/CT211) L.A. Abrasion Resistance .............................. $200 (D2844/CT301) Resistance Value, Treated...................................... $295 (C142/T112) Clay Lumps and Friable Particles .............................. $170 (D1883) California Bearing Ratio ...................................................... $530 (C123/T113) Light Weight Particles................................................ $245 (C977) Stabilization Ability of Lime.................................................... $185 (D3744/CT229/T210) Durability Index Fine..................................... $190 (D1883) Calif. Bearing Ratio (Army Corp of Engineers) ................. $105 (D3744/CT229/T210) Durability Index Coarse $225 CHEMICAL ANALYSIS (CT227) Cleanness Value.............................................................$170 (G187/CT643/T288) pH and Resistivity............................................ $135 (D4791) Flat & Elongated Particles ................................................ $165 (D4972/T289) pH Only......................................................................... $30 (D693/CT205) Percent Crushed Particles....................................... $145 (CT417) Sulfate Content.................................................................... $100 (D5821) Percent. of Fractured Particles, Coarse Aggregate ........... $140 (CT422) Chloride Content.................................................................... $55 (C40/CT213/T21) Organic Impurities................................................$75 (D2974) Organic Content..................................................................... $50 (C235) Soft Hardness (Scratch Hardness) ..................................... $100 PERMEABILITY, CONSOLIDATION AND EXPANSION (C88/CT214/T104) Sulfate Soundness........................................... $410 (D5084) Permeability, Flexible Wall .................................................. $270 (C1252/T304) Uncompact. Void Content, Fine Aggregate.............. $150 (D5856) Permeability, Rigid Wall ...................................................... $260 (C127/CT206/T85) Coarse Specific Gravity.................................... $125 (D2434) Permeability, Constant Head ............................................. $280 (C128/CT207/T84) Fine Specific Gravity ........................................ $150 (D2434) Permeability, FHA Slab-on-Grade ...................................... $110 (D854/CT209/T100) Specific Gravity of Soil ................................... $150 (D2434) Permeability, Hourly .............................................................. $55 (C29/CT212/T19) Unit Weight & Percent Voids................................$90 (D2435/T216) Consolidation (6 pts. w/ Unload) ............................... $350 (D2419/CT217/T176) Sand Equivalent........................................... $110 (D2435/T216) Consolidation Additional Point w/ Unload................... $65 (D4318/CT204/T89/T90) Plastic Index (Plastic/Liq. Limit)............... $165 (D4546) Swell/Compression Testing & Density................................ $120 (D4318/CT204/T89) Liquid Limit ......................................................$95 (D4546) Swell/Settlement Testing & Density (ea. addtl. pt.) ............. $85 (D4318/CT204/T90) Plastic Limit......................................................$95 (D4546) Swell/Settlement Testing & Density (County) .................... $100 (C330) Spec. for Lightweight Aggregates, Struc. Concrete...........Quote (D4546) Swell/Settlement Testing & Density (FHA) .......................... $90 SHEAR STRENGTH (D4829) Expansion Index of Soils..................................................... $160 (D2166) Unconfined Compression .................................................$100 STEEL TESTING (D3080/T236) Direct Shear (3 points)............................................. $295 Reinforcing Steel Tests: (D3080/T236) Remolded Direct Shear (3 points)............................ $300 (A370) Tensile Strength & Elongation (D3080/T236) Direct Shear Addtl. Points/ea. residual pass............. $115 • #11 Bar & Smaller.............................................................................$100 (D2850) Unconsolidated-Undrained Triaxial Shear......................... $160 • #14 Bar..............................................................................................$125 (D2580) Unconsolidated-Undrained Triaxial Staged....................... $160 • #18 Bar (Proof Test) ........................................................................$125 (D4767) Consolidated-Undrained Triaxial Shear ............................ $265 .................................................................................................................... (D4767) Consolidated-Undrained Triaxial Staged........................... $340 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Shear.............................. $375 .................................................................................................................... (EM1110) Consolidated-Drained Triaxial Staged............................ $480
LABORATORY TESTS
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GEOTECH NICAL
ENVIRONMENTA L
MATERIALS
LABORATORY TESTS (CONTINUED)
(A370) Bend Test MASONRY**
• #11 Bar & Smaller.............................................................................. $50 Concrete Block Test (Sets of 3 Required):
• #14 & #18 Bar .................................................................................... $70 • (C140) Unit Weight Moisture Content & Absorption ................... $195 (A370) Tensile - Mechanically Spliced Bar • (C140) Moisture Content/Absorption (ea. addtl. specimen) ...........$65 • #11 Bar & Smaller............................................................................ $150 • (C140) Compression Test...................................................... $195 • #14 Bar & Larger.............................................................................. $190 • (C140) Compression Test (ea. addtl. specimen) ......................... $65 (A370) Tensile – Electric Resist. Butt Splice w/ Control................... $150 • (C426) Linear Drying Shrinkage ............................................. $285 (A370) Straightening of bar (if required).............................................. $25 • (C109/UBC 21-16) Mortar Cylinder (2”x4”) ................................. $30 Structural Steel Tests: • (C942) Grout Prism(3”x3”x6”), trimming included........................ $35 • (A370)Machining & Prep of Test Specimen ...................... Cost + 20% Masonry Prism (Assemblage):
• (A370) Tensile Strength & Elongation • (C1314) 8”x8”x16” – 8”x12”x16” ............................................. $200 Up to 200,000 lbs...................................................................... $100 • (C1314) 8”x16”x16” – 10”x12”x16”.......................................... $225 200,000 – 300,000 lbs. ............................................................. $125 • (C1314) 12”x12”x16” – 12”x16”x16” ........................................ $250 300,000 – 400,000 lbs. ............................................................. $150 • (C1314) Larger than 12”x16”x16”..........................................Quote Pre-stressing Wire & Tendon Tests: Brick Test (Set of 5 Specimens):
• (A421) Tensile Strength, Single Wire.............................................. $150 • (C67) 24-Hour Absorption, Cold Water......................................... $225 • (A416) Tensile Strength, 7-Wire Strand.......................................... $175 • (C67) 5-Hour Absorption, Boiling Water ....................................... $225 High Strength Bolt, Nut, & Washer Tests: • (C67) Compression Test or Modulus of Rupture .......................... $255 • (A325/A490) Tensile Test on Bolts ................................................. $100 • (C67) Each Additional Specimen .............................................. $45 • (A563) Proof Load Test on Nuts ..................................................... $100 CONCRETE** • (A325/A490) Hardness Test on Bolts ............................................... $50 Mix Designs:
• (A536) Hardness Test on Nuts.......................................................... $50 • (ACI211/ACI214) Concrete Mix Design........................................ $350 • (F436) Hardness Test on Washers................................................... $50 • (ACI211/ACI214) Review of Concrete Mix Design..................... $350 Weld Specimen Tests: • (C192) Concrete Trial Mix (includes equipment & labor)............. $495 • (E164) Ultrasonic Examination......................................................Quote Concrete Properties:
Machining & Prep of Test Specimen ........................... Cost + 20% • (C39/CT521/T22) Comp. Strength, Concrete Cyl......................... $30 • (E381) Macrotech Test (3 Faces) .................................................. $355 • (C42/CT521/T22) Comp. Strength, Concrete/Gunite Core ............$60 ASPHALT TESTING • (C78/CT523) Flex. Strength of 6”x6”x21” Concrete Beam........... $165 Asphalt Properties: • (C174) Length Measuring of Drilled Cores ................................. $75 • (D2726/CT308/T166) Bulk Spec. Grav., Compacted HMA........... $100 • (C1140) Shotcrete Panel-Coring & Testing (Set of 3) ................... $290 • (D1560/CT366) Stabilometer Value (HVEEM) .............................. $145 • (C1140) Shotcrete Panel (each addtl. specimen) ........................ $90 • (D2041) Theoretical Max Specific Gravity ...................................... $145 • (C496) Static Modulus of Elasticity.......................................... $200 • (D5444) Sieve Analysis of Extracted Asphalt................................. $150 • (C496) Drying Shrinkage (Set of 3, up to 28 days) ....................... $395 • (D6307/CT382) Percent Asphalt, Ignition Method ......................... $150 • (C642) Spec. Gravity, Absorp., Voids in Hardened Concrete.........$95 • (D1188) Unit Weight of Asphalt Core ............................................... $65 • (F1869) Moisture Vapor Emission Rate, Concrete Subfloor ..........$50
MISCELLANEOUS TESTING SERVICES
• Emulsion......................................................................................$300 • Wet Track Abrasion......................................................................$175 Calibration of Hydraulic Ram:
• 100 Ton & Under ................................................................. $200 • 101 Tons – 200 Tons ...................................................................$300 Use of Universal Testing Machine:
• UTM with One Operator........................................................ $320 • Additional Technician ....................................... Regular Tech Rate Spray Applied Fireproofing: *2X Surcharge on rush turn-around for laboratory testing. • (E605/E736) Fireproofing Oven Dry Density/Thickness...... $90 **Fee appliesforsample storage, testing, or disposal. 134
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GEOTECH NICAL
ENVIRONMENTA L
MATERIALS
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotationsfor programsinvolving volume work will be provided upon request. Laboratory test pricesshown are for laboratory work only and include reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing are conducted in substantial conformance with the latest applicable or designated specifications of the American Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem is based on the local costs per day when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty (30) daysfrom invoice date and subject to one and one-half percent (1-1/2%)service charge per month, or the maximum rate allowed by law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice.
Payment on delinquent invoices will first be applied to accrued interest and then to the principal amount. All time spent, and expensesincurred (including any attorney'sfees and costs) in connection with collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client islimited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above.
7. Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project, as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client. Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them and require them to abide by such limitation for damages suffered by any contractor orsubcontractor arising from Geocon’s actions or inactions. Neither the contractor nor any subcontractor assumes any liability for damagesto others which may arise on account of Geocon’s actions or inactions. 136
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EXHIBIT “C”
INSURANCE
Service Provider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for review.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, and employees are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in 138
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connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any CGL and Automobile Liability claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, and employees. Any CGL and Automobile Liability insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
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Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
To the extent applicable to its subcontractors’ scope of work and trade, Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 140
CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: July 13, 2022
SUBJECT: Fifth Amendment to Design Professional Services Agreement with Parsons Transportation Group for the Bundy Canyon
Road Project
SUBMITTED BY: Jason Farag, Public Works/ Engineering
PREPARED BY: Jason Farag, Senior Engineer
ACTION:
Authorize the City Manager to execute the Fifth Amendment to the Design Professional Services Agreement with Parsons Transportation Group, Inc. for Engineering Services for the Bundy Canyon Road Improvement Project.
SUMMARY:
The City previously entered into a contract with Parsons Transportation Group (Parsons) to provide design and construction engineering support services for the Bundy Canyon Road Improvement Project (Project). At staff's request, Parsons has provided the City with a proposal to provide additional Construction Management and Inspection services to assist with the completion of the ongoing construction of Segment 1 of the Project.
BACKGROUND:
The City and Parsons Transportation Group, Inc. entered into an agreement for design professional services on September 10, 2014 to design and prepare plans, specifications and estimates for the improvement and widening of Bundy Canyon Road to four lanes from Cherry Street to the easterly City limits (Agreement).
The City Council approved a First Amendment to the Agreement with Parsons on October 12, 2016 in the amount of $149,700 for a total contract amount not to exceed $829,700. The City Council subsequently approved a Second Amendment to the Agreement with Parsons on September 19, 2018 in the amount of $166,871.53 for a total contract amount not to exceed $996,571.53. On September 11, 2019, the City Council approved a Third Amendment to the Agreement with Parsons to re-package 100% design plans into a Construction Bid Package for Segment 1 and to provide additional services for construction administration support. 141
Those construction administration support services were intended to cover design-related items that arise during construction such as the technical review of construction material submittals for contract compliance, design revisions based on unforeseen field conditions, response to the contractor's requests for information on the plans, etc... The Third Amendment was approved in the amount of $145,740 for a total contract amount not to exceed $1,142,311.53.
Last year, the City was awarded an SB 821 grant from the Riverside County Transportation Commission (RCTC) for the construction of bike lanes and sidewalks along Bundy Canyon Rd.
This grant was added as a new project, CIP 092, in the City's Capital Improvement Program (CIP). Part of CIP 092 is within the current Bundy Canyon Rd. Project limits. As a result, staff requested a proposal from Parsons to update the existing Project plans which they prepared to include a revision with the new sidewalk and bike lanes. It was determined that having Parsons update the existing plans would be more cost effective than having a different consultant separately prepare the sidewalk and bike lane plans. Parsons' proposed scope for this work was reviewed by staff and was determined to be reasonable. The proposal was accepted and a Fourth Amendment to the Agreement to incorporate the proposal was approved by the City Manager on October 28, 2021 in the amount of $20,260 under the authority in Section 3.28.020 of the City's Municipal Code, for a total contract amount not to exceed $1,162,571.53.
DISCUSSION:
Due to the resources necessary to manage the ongoing construction of Segment 1 of the Bundy Canyon Rd. Improvement Project (Project), staff requested a proposal from Parsons to provide dedicated staff augmentation services for construction management and inspection support. The Fifth Amendment to the Agreement includes the services of a Resident Engineer, a Roadway Construction Inspector, and an Office Engineer. These positions will provide dayto-day project support, will provide recommendations to, and will report to the City's Project Manager.
Exhibit 'A' to the Fifth Amendment is the proposal from Parsons detailing the items of work referenced above, which shows an additional scope cost of $148,991.18 for the Construction Management support services. This added scope cost, included in Exhibit 'B' of the Fifth Amendment, brings the contract total to $1,311,562.71. A copy of the Fifth Amendment is included in Attachment A.
Staff recommends that the City Council authorize the City Manager to execute the Fifth Amendment to the Design Professional Services Agreement with Parsons Transportation Group, Inc. for Engineering Services for the Bundy Canyon Road Improvement Project and appropriate an additional $148,991.18 in TUMF funding to the budget for CIP 026-1.
FISCAL IMPACT:
The construction management services associated with the Fifth Amendment are eligible 142
TUMF expenses. Staff is requesting a budget amendment to increase the TUMF funding for CIP 026-1 by $149,000.
ACCOUNT CODE:
Fund 503-909-0001-52115 = $149,000
Project: CIP 026-1
Phase: Construction Admin/Inspection
ATTACHMENTS:
A - Fifth Contract Amendment
143
RIV #4844-0876-1400 v1
FIFTH AMENDMENT TO
DESIGN PROFESSIONAL SERVICES AGREMENT FOR
ENGINEERING SERVICES FOR THE BUNDY CANYON
ROAD IMPROVEMENT PROJECT
by and between
the
CITY OF WILDOMAR
and
PARSONS TRANSPORTATION GROUP Inc.
Dated July 13, 2022
144
RIV #4844-0876-1400 v1 -2-
FOURTH AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT
FOR ENGINEERING SERVICES FOR THE BUNDY CANYON ROAD IMPROVEMENT
PROJECT
This Fifth Amendment to Agreement for Design Professional Services (“Fourth Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and Parsons Transportation Group, Inc., a State of Illinois Corporation (“Service Provider”), as follows:
RECITALS
A. City and Service Provider entered in an agreement for Design Professional services on September 10, 2014 (“Agreement”). The Agreement provides that Service Provider will perform engineering services.
B. City and Design Professional approved a First Amendment to Agreement for additional Design Professional Services on October 12, 2016.
C. City and Design Professional approved a Second Amendment to Agreement for additional Design Professional Services on September 19, 2018.
D. City and Design Professional approved a Third Amendment to Agreement for additional Design Professional Services on September 11, 2019.
E. City and Design Professional approved a Fourth Amendment to Agreement for additional Design Professional Services on October 28, 2021.
E. Sections 2 and 4 of the Agreement provide the Scope and Cost for the performance of the services, respectively.
F. This Fifth Amendment amends Section 2 to provide that the Service Provider also provide Construction Management support.
G. This Fifth Amendment amends Section 4 to increase the agreement cost to $1,311,562.71.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Fifth Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 Scope of Services & Schedule of Performance. Exhibit ‘A’, Scope of Services, of Section 2 of the Agreement is hereby amended to add as follows:
145
RIV #4844-0876-1400 v1 -3-
a. Staff Augmentation, as detailed in Exhibit ‘A’ attached to this amendment.
1.2 Compensation and Method of Payment. Section 4 of the Agreement is hereby amended as follows:
a. The second sentence in Section 4(a) is hereby amended to read as follows:
The total compensation, including reimbursement for actual expenses, shall not exceed one million three hundred eleven thousand five hundred sixty two dollars and seventy one cents ($1,311,562.71), unless additional compensation is approved in writing in accordance with Section 26
“Administration and Implementation” or Section 28
“Amendment” of this Agreement.
b. Exhibit ‘B’ Compensation is hereby modified to add as follows:
i. Staff Augmentation: $148,991,18
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged. Except as specifically modified and amended in this Fourth Amendment, the Agreement remains in full force and effect and binding upon the parties.
2.2 Integration. This Fourth Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Fourth Amendment.
2.3 Effective Date. This Fourth Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Service Provider.
2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Fourth Amendment.
2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Fourth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Fourth Amendment.
146
RIV #4844-0876-1400 v1 -4-
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above.
CITY
CITY OF WILDOMAR
By:_________________________________
Dan York, City Manager
ATTEST:
______________________________
Janet Morales, City Clerk
APPROVED AS TO FORM
______
Thomas D. Jex, City Attorney
SERVICE PROVIDER
PARSONS TRANSPORTATION GROUP, Inc.
By:__________________________________
Name: Rick McAlpin
Title: Vice President
By:__________________________________
Name:_____________________________
Title: __________________________
147
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
RIV #4845-1206-0416 v1
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On __________, 200___, before me, __________________, Notary Public, personally appeared _______________ __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
__________________________________________
(SIGNATURE OF NOTARY)
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name: ___________________________
DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
148
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
RIV #4845-1206-0416 v1
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On __________, 200___, before me, __________________, Notary Public, personally appeared _______________ __________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
__________________________________________
(SIGNATURE OF NOTARY)
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name: ___________________________
DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"
Amended Scope of Work
For CIP 026-1 Bundy Canyon Road Improvement Project (Segment 1) A. Staff Augmentation
The purpose of this amendment is to provide staff augmentation to support and assist City’s construction management team for the ongoing Segment 1 construction activities.
Consultant to provide the following staff and title roles:
Assistant Resident Engineer (RE)
Consultant shall provide a part-time person to provide Assistant Resident Engineer, Construction Management and Inspection Services for this Project to ensure that all required improvements are completed in accordance with the Project improvement plans, specifications, City of Wildomar Quality Assurance Program, and the funding related requirements. All such work shall also be in accordance with all applicable local, state, and federal standards and guidelines as well as the most current edition of the City of Wildomar’s Standard Details and Specifications.
Assistant Field Inspector
Consultant shall provide a full-time person to provide Assistant Field Inspection Services for this Project. Consultant shall coordinate all required inspections necessary for the Project. Consultant shall ensure that appropriate City and local agencies are notified and present as required throughout the Project. Consultant shall notify City immediately regarding any directives, recommendations, notices, etc. received from agencies other than City. Consultant shall perform daily on-site observations of the progress and quality of construction to determine if the work being performed is in general conformance with the construction contract documents, all applicable laws, codes, and ordinances. Consultant shall exercise reasonable care and diligence to discover and promptly report to City any and all defects or deficiencies in the materials or workmanship used in the Project. Consultant personnel assigned to the Project shall be thoroughly familiar with Caltrans Standard Specifications, Caltrans Standard Plans, Caltrans Erosion Control and Highway Planting requirements, safety standards and State Water Resources Control Board requirements. Consultant personnel shall have the ability to read and interpret construction plans and specifications.
Consultant personnel shall also have knowledge of State of California Construction Safety Orders (CalOSHA) and traffic control practices as specified in the Work Area Traffic Control Handbook (WATCH).
Assistant Office Engineer support
Consultant shall provide a qualified part-time person to provide Assistant Office Engineer Support Services for this Project. Consultant shall provide assistance and training to ensure project documentation is compliant with City and the Caltrans Construction Manual. Project record keeping shall include, but are not limited to, correspondence, memoranda, construction contract documents, change orders, claims, City and engineer directives, meeting minutes, shop drawings, supplementary drawings, and requests for payment. Consultant shall monitor Contractors ' construction schedules on an ongoing basis and alert City to conditions that may lead to 150
delays in completion of the Project. Consultant shall prepare and submit a monthly Activity Summary Report for the Project in a format approved by City. The activity report shall include among other items status of SWPPP issues, RFIs, construction contract change orders, and notice of potential claims; construction activities completed, ongoing, and upcoming; status of Project budget and schedule, and other highlights and critical issues. Consultant shall review and ensure compliance with environmental requirements. Consultant shall participate in partnering sessions with the Contractor, City, and Local Agencies, as required. Consultant shall ensure that the Project meets all provisions of the City Construction Materials Quality Assurance Program. Consultant shall review Contractors' certified payroll records and ensure compliance with the requirements of the construction contract. Consultant shall maintain redlined as-built plans on an ongoing basis throughout the duration of the Project.
Redlined plans shall show all changes made to the original construction contract plans, each change identified with the name of the approver, date of change approval, and CCO number, if applicable.
151
Construction Management Staff Augmentation Cost Proposal Bundy Canyon
PROJECT CIP 026-1
Begin Staff AugmentationEnd Construction AugmentationEnd Project Closeout Augmentation Augmentation Staff Personnel June July AugustSept Oct Nov Dec Jan Feb Total Hours Burden Hourly Rate Amount Resident Engineer Support Zack Mazraani 72 78 46 44 42 20 20 20 20 362 $ 164.62 $ 59,592.08 Roadway Inspector Support Oliver Saikaly 72 160 184 176 168 20 780 $ 110.88 $ 86,486.40 Office Engineer Support Christina Wong 4 4 4 4 4 20 $ 145.64 $ 2,912.70 Total: $ 148,991.18
Parsons
Construction Post-Construction
2022 2023
Parsons
EXHIBIT "B" 152
CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.11
Meeting Date: July 13, 2022
SUBJECT: First Amendment to Agreement with MuniServices LLC for Sales and Use Tax Analysis, Reporting & Audit Services and Franchise Fee and Transient Occupancy Tax (TOT) Audit
Services
SUBMITTED BY: Robert Howell, Administrative Services
PREPARED BY: James Riley, Project Consultant
ACTION:
Approve and authorize the City Manager to execute an amendment with MuniServices LLC for Sales and Use Tax Analysis (SUTA), Sales/Use Tax Reporting Services (STARS) and Franchise Fee (FF) and Transient Occupancy Tax (TOT) Audit Services for the City of Wildomar.
SUMMARY:
This amendment is to revise the amount of the agreement with MuniServices signed May 11, 2022 to a not to exceed cost of $150,000. This is to include compensation for both services with annual costs (STARS) as well as contingency costs (SUTA, TOT, FF).
BACKGROUND:
On May 11, 2022, the City and MuniServices, LLC entered into an agreement to provide Sales and Use Tax Analysis (SUTA), Sales/Use Tax Reporting Services (STARS), and Franchise Fee (FF) and Transit Occupancy Tax (TOT) Compliance Audit Services (the “Agreement”). In Section 4(a) of the agreement, “Compensation and Method of Payment,” it states that the not to exceed cost amount for services was $50,000.
DISCUSSION:
This amendment is to revise the amount to a not to exceed cost of $150,000. This is to include compensation for both services with annual costs (STARS) as well as contingency costs (SUTA, TOT, FF). These services were included in the May 11, 2022 agreement.
FISCAL IMPACT:
The amendment is to increase the not to exceed cost to $150,000 The average annual costs 153
for STARS is $2,000. The funds for the STARS services are included in the FY2022/23 Adopted Budget. All other services are contingency services and are estimated to be approximately $100,000. The contingency cost will be offset against the revenue discovered.
ACCOUNT CODE:
100-410-4200-52115
ATTACHMENTS:
A. Muniservices 1st Amendment
B. Muniservices, LLC Agreement- May 2022
154
FIRST AMENDMENT TO AGREEMENT FOR SERVICES BETWEEN CITY
OF WILDOMAR AND MUNISERVICES LLC
This First Amendment to Agreement for Services between City of Wildomar and MuniServices LLC (“First Amendment”), which is dated July 13, 2022 (“Effective Date”) is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and MuniServices LLC, a State of Delaware Limited Liability Company (“Service Provider”) as follows:
RECITALS
A. City and Service Provider entered into an Agreement for Services (“Agreement”) dated May 11, 2022.
B. The City and Service Provider desire to amend their Agreement effective July 13, 2022 to revise the compensation (Exhibit “B”) for services to not to exceed $150,000 from the $50,000 in the Agreement. This amendment is being made to specify the compensation Service Provider shall receive for Sales and Use Tax (SUTA) and Sales/Use Tax Reporting Services (STARS), Transient Occupancy Tax Compliance Audit Services (TOT) and Franchise Fee Compliance Audit Services (FF).
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
AMENDMENT. The Agreement is hereby modified and amended as follows:
1. Section 4. (a) Compensation and Method of Payment. “The total annual compensation, including reimbursement for actual expenses shall be amended to, “shall not exceed one hundred fifty thousand dollars ($150,000).”
2. Exhibit “B” II. Compensation. The total compensation for the Services shall not exceed $150,000, as provided in Section 4 “Compensation and Method of Payment” of this Agreement unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
155
GENERAL PROVISIONS.
3. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
4. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
5. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
6. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
THE CITY OF WILDOMAR MUNISERVICES LLC
By: By:
Dan York Paul Colangelo
City Manager Chief Executive Officer
By: _________________________
Carl Kumpf
Chief Financial Officer
ATTEST:
Janet Morales, City Clerk
156
APPROVED AS TO FORM
Thomas D. Jex, City Attorney
157
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[email protected]
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Daniel A. York
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City Manager
City of Wildomar
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186
CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: July 13, 2022
SUBJECT: First Amendment to Agreement for Services between the City of Wildomar and HR Dynamics & Performance Management,
Inc.
SUBMITTED BY: Robert Howell, Administrative Services
PREPARED BY: Robert Howell, Administrative Service Director ACTION:
Approve the First Amendment to the Agreement between the City of Wildomar and HR Dynamics & Performance Management, Inc. as requested, with an additional $13,000 approved for the FY 2021/22 Human Resources Contractual Services budget and an additional $51,250 added for the FY 2022/23 Human Resources Contractual Services budget.
SUMMARY:
The City and HR Dynamics & Performance Management desire to amend the scope of services and compensation of the agreement to add additional hours and compensation for services performed completing the original scope of work. In addition the amendment covers the development of up to 15 additional class descriptions and classifications, consultation on the strategy & implementation of the resulting final plan, an assessment of the City Human Resource's area, and support services for Human Resources on an "as-needed" basis.
DISCUSSION:
During the time that HR Dynamics & Performance Management (Service Provider) performed the original scope of services it was determined that additional work was needed in order to complete the contract as requested. As outlined on the attached document the Service Provider completed an additional 104 hours of work in order to complete the original work. The total cost of the work was $13,000.
During the discussions between staff and the Service Provider it was determined that an additional amount of class descriptions and classifications were needed to fully complete the study and give the City the ability to fully implement the study with consistent class descriptions & classifications, and without the possibility of position compression within the 187
city's pay plan. Once completed the service provider would also assist the City Manager and Administrative Services Director on strategic ideas and the implementation of the final plan.
In further discussion it was determined that an assessment of the City's Human Resources area would benefit the City and staff as the assessment would provide needed information on the area's strengths and weaknesses and to provide guidance and expertise to strengthen the services provided. The Service Provider has also agreed to provide their expertise in support of Human Resources to cover areas that are available in-house.
FISCAL IMPACT:
The City and HR Dynamics & Performance Management Inc. entered into the original agreement on February 9, 2022.
ACCOUNT CODE:
100-410-4210-52115 - $13,000 in FY 21/22
100-410-4210-52115 - $51,250 in FY 22/23
ATTACHMENTS:
Contract Amendment 4-29-22
City of Wildomar HR Projects Proposal
Comp and Class - 1st Amendment
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HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.
CITY-WIDE CLASSIFICATION & COMPENSATION STUDY AND WORKFORCE PLANNING
CONTRACT AMENDMENT
April 29, 2022
The Scope
Phase I – Classification Study/Workforce Assessment
1. Conduct project planning meeting with the City Manager, or designee, to review scope of work and time-line.
2. Obtain the City’s current job descriptions in electronic format; organizational chart(s), salary schedule, MOU, Personnel Rules and Regulations.
3. Prepare customized job analysis questionnaires for each employee. Questionnaires shall include a section for supervisory review.
4. Conduct employee orientation session(s) to provide an overview of the Classification and Compensation Study process, and to distribute questionnaires. Provide instruction on the completion of the questionnaires and respond to questions.
5. Employees to complete questionnaires, and supervisors to review and comment prior to submittal to consultant; City’s designee shall collect and inventory all questionnaires and submit to consultant.
6. Conduct meeting with City Manager or designee concerning future workforce needs.
6.a. Amendment #1 - Facilitate and monitor the collection and tracking of multiple components of Job Analysis Questionnaire forms (Parts I, II, and III) to be completed by staff and reviewed by management; provide regular status updates throughout until all forms are submitted. Additional hours: 8.0
7. Receive and review employee completed questionnaires and supervisory comments; prepare specific questions for the job evaluation interviews to be conducted with employees to include the workforce planning component (addressing current and future staffing needs, and areas that lend themselves to efficiencies and greater effectiveness).
7.a. Amendment #2 - Conduct the scheduling and appointment setting for all employees to participate in zoom interviews including providing zoom links. Additional hours: 6.0
8. Conduct individual and group interviews (approximately 45- 60–90 minutes each in length for approximately 40 employees). Interviews shall include discussions related to workload, workforce staffing needs, and opportunities for efficiencies. Analysis will also include review of FLSA designation (over-time exemption or eligibility). 189
2 Phase I – Classification Study/Workforce Assessment
9. Conduct interviews with department heads and managers as necessary to discuss individual employee questionnaires, workforce planning, and to clarify subordinate employee job requirements and expectations.
9.a. Amendment #3 – Review current staffing levels and organizational design; make recommendations related to a revised structure, grouping logical and related functions into departments; review current staffing allocation plan and reconcile with current and future needs; develop detailed future workforce plan for each department for short and long term growth and identified needs. Additional hours: 40.0 Amendment #4
10. Conduct an assessment of the utilization of independent contractors interviews with current contract staff through the review of multiple complex contracts; evaluate independent contractor status per various criteria established via regulatory requirements; and develop a report with findings per each contract and over-all recommendations. Additional hours: 20.0
11. Review and evaluate job analysis questionnaires and interview notes; analyze for knowledge, skill, ability, education and experience relevance, hierarchical consistency, conformity with ADA language relative to essential job functions (including physical requirements); develop classification recommendations (add new classes, delete, consolidate, title change, and/or reclassify).
12. Consider and evaluate opportunities to create career ladders in areas that lend to this approach.
13. Discuss and finalize job description format (template) with the City; develop new ADA compliant job descriptions for all classes included in the study (up to 50 job classes); prepare class specifications to include definitions, purpose, distinguishing characteristics, supervision received and exercised, position duties/essential functions, special requirements including licensing and certification requirements, physical requirements, and career ladder.
14. Develop recommended employee allocations to the new Classification Plan/ Structure.
15. Prepare and present executive summary Classification Study Report to the City Manager including the proposed changes to the Classification Plan and employee allocation recommendations. Study Report to include FLSA determinations, and determinations related to individual existing contracts for independent contractors.
16. Summarize findings related to interview process and perceived workforce needs, as well as areas in which efficiencies can be gained. Prepare and present executive summary report and 5-year growth plan to City Manager.
17. Coordinate and facilitate feedback to employees relative to the recommendations for individual positions; prepare individual employee notices. Conduct feedback process in order to address employee concerns. Finalize job descriptions and submit to the City in electronic format. Finalize employee allocations, recommendations and the Classification Plan.
18. Identify individual and benchmark classes for inclusion in the Compensation Survey. 190
3 Phase II – Base Salary and Total Compensation Survey
1. Review the City’s list of comparable agencies; evaluate and make recommendations for any changes, additions or deletions; consider the District’s labor market, geographic area, comparable size and services; discuss recommendations with the City Manager and finalize list. Survey to include a range of 9-11 comparable agencies.
2. Collect preliminary data from the comparable agencies for the individual and benchmark classifications including salary schedules, job descriptions, MOUs and personnel rules and regulations. Identify web-site availability of these items, or the need to request these items from the agencies. Consultant shall extract data from an average of 55+ MOU’s, assuming that each agency has approximately 5 bargaining units.
3. Discuss the City’s compensation philosophy with the City Manager and City Council as deemed appropriate; discuss recruitment and retention issues; determine whether the City desires a position of “lead, lag or match” in the labor market and the relative percentage at which to compare (e.g. 50th percentile or average).
Amendment #5
4. Develop the salary survey instrument and job summary descriptions based on new job descriptions for designated individual and benchmark classes. Salary survey to include up to 40 job classes 50 job classes. Additional hours: 8.0 – No Charge Amendment #6
5. Develop benefit survey instrument to include key benefits common to all agencies and the most costly items. Benefits to include City-paid contributions to health/dental/vision, retirement, deferred compensation, and longevity pay. Additional benefits to include Annual Leave, Annual Vacation Leave, Annual Sick Leave, Annual Administrative/Management Leave, Paid Holidays, Life Insurance, Bi-lingual Pay, Retiree Medical, Tuition Reimbursement, Educational Reimbursement, Social Security/Medicare, and Vehicle Allowance. Additional Hours: 30.0
6. Contact established comparison agencies to obtain support for salary and benefit survey participation to identify key contact person.
7. Conduct follow-up with comparison agencies to obtain requested data and to ensure comparability of job matches; extract data from documentation provided by agencies and obtained online, as required.
8. Compile and analyze salary survey data and compute market averages.
9. Compare City’s salary and benefit structure to the market averages; prepare base salary and total compensation survey report and summary overview describing results.
10. Recommend salary adjustments based on external survey results and internal salary relationships taking into consideration structural changes needed for internal alignment, and desired market positioning for competitiveness.
11. Prepare and present preliminary executive summary Compensation Study report to the City Manager.
12. Prepare and present final report to employee groups, City Council, and other stakeholders as determined by the City Manager.
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4 Phase II – Base Salary and Total Compensation Survey
13. Recommend an implementation strategy based upon the lowest financial impact on the City’s operating process and budget.
14. Assist the City’s designee and HR staff in training and implementing the recommendations of the final report, and in the maintenance of the plan.
Total Additional Hours for Amendments to Scope: 104 Hours @125/Hour Total Adjustment: $13,000.00
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1 PROPOSAL FOR HUMAN RESOURCES CONSULTING SERVICES
CITY OF WILDOMAR
HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.
RHONDA D. STROUT-GARCIA, PRINCIPAL CONSULTANT
June 20, 2022
SCOPE OF WORK
The City of Wildomar has expressed the need for professional Human Resources consulting services in areas requiring specialized skills. This proposal includes the following projects and services:
Task #1 – Human Resources Assessment
The consultant shall independently assess the Human Resources function for compliance with various regulatory requirements and best practices. The consultant shall evaluate the efficiency and effectiveness of the HR function, and determine areas of risk. The consultant shall develop potential alternatives to the current method of service delivery which may include internal realignment of certain HR functions and/or outsourcing of functions.
Project Fee: $20,000 (Estimated at 160 hours @ $125/hour) Deliverable: A confidential executive summary report shall be prepared providing findings and recommendations to the City Manager in priority order.
Task #2 – Classification and Compensation Services
2.A. The consultant shall provide services in the area of Classification and Compensation including strategy assistance and advisement related to the implementation of the comprehensive City-wide Classification and Compensation Study (completed 4/29/22).
Hourly Consulting Fee: $125/hour, not to exceed $5,000 (40 Hours Total) 193
2 Deliverables: Consulting services shall consist of verbal and/or written communications, and deliverables may include a revised Classification Plan and/or Compensation Plan; development of a revised Salary Schedule; and preparation of a Salary Resolution for adoption of the new plans.
2.B. The consultant shall develop additional recommended classification descriptions to be included in the City’s Classification Plan for future staffing (as defined in the Classification Study and Future Staffing Plan completed 4/29/22), and collect salary survey data from the City’s eleven (11) comparable agencies for up to fifteen (15) new classifications. Lastly, the consultant shall prepare salary recommendations for the classes based upon the external data and internal alignment.
Project Fee: $11,250 (Estimated at 6 Hours per new Class Description and Salary Survey @ $125 Hour for 15 Job Classes = 90 Hours Total) Deliverables: New classification descriptions for up to fifteen (15) classifications and salary surveys for each class with recommendations based on internal and external alignment.
Task #3 – Professional Human Resources Support Services The consultant shall serve as a professional resource to the City of Wildomar on an “asneeded” basis, and provide skilled expertise to the City Manager and key management staff involved in the handling of sensitive/confidential personnel matters, or other such matters requiring such specialized skills and expertise not available in-house. Such matters may include corrective and/or disciplinary actions; internal relationship dynamics; organizational development; classification and compensation; and/or other areas requiring guidance and/or advisement.
Hourly Consulting Fee: $125/Hour, not to exceed $15,000 (120 Hours) Deliverables: Consulting services shall consist of verbal and/or written communications, and deliverables may include a revised Classification Plan and/or Compensation Plan; development of a revised Salary Schedule; and preparation of a Salary Resolution for adoption of the new plans.
SERVICE DELIVERY
Services shall be delivered via phone calls, Zoom-meetings, emails, and periodic on-site visits.
The proposed HR Consulting services includes providing professional and technical guidance to City staff related to Human Resources matters, and the independent completion of specifically identified projects. In all cases, the services shall be performed independently as a skilled professional, while serving as an independent contractor. The 194
3 consultant at all times shall determine the manner and means in which to achieve the results.
HRDPM maintains an established business location, and business licenses for the jurisdictions in which it provides services. HRDPM is publically available for hire and advertises its services (HRDPM.COM), has multiple clients, and exercises independent judgment in the performance of services. The consultant shall perform all project work remotely from HRDPM offices; establish dates/times and hours to be worked to achieve the objectives; and determine the methods in which to achieve the final work products to meet timelines established by the consultant and agreed upon by the client.
The consultant understands that the City of Wildomar does not currently include specialized Human Resources expertise within their current organizational structure/workforce, and must rely upon outside services for skilled expertise to fulfill project needs and to provide as-needed professional guidance.
CONSIDERATION
Tasks Project Fee
Structure
Estimated
Hours
Fees
Task #1 Human Resources Assessment Project Fee 160 Hours $20,000 Task #2A Classification and Compensation
Consulting – Strategy/Implementation
Hourly Fee 40 Hours $5,000
Task #2B Classification and Compensation –
Development of 15 New Class
Descriptions & Salary Surveys
Project Fee 90 Hours $11,250
Task #3 Professional Human Resources
Support Services
Hourly Fee 120 Hours $15,000
Total 410 Hours $51,250
AGREEMENT
_________________________ __________________________
DAN YORK, RHONDA D. STROUT-GARCIA,
City Manager Principal Consultant/Owner
City of Wildomar HR Dynamics & Performance
Management, Inc.
_________________________ __________________________
Date Date
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4 HR DYNAMICS & PERFORMANCE MANAGEMENT, INC.
Henry T. Garcia, Principal Consultant
Rhonda D. Strout-Garcia, Principal Consultant
Website: HRDPM.COM
Mobile: (951) 905-0025 or (951) 999-1617
Premier Consulting Services Customized to Meet the Client’s Needs 196
FIRST AMENDMENT TO AGREEMENT FOR SERVICES BETWEEN CITY
OF WILDOMAR AND HR DYNAMICS & PERFORMANCE MANAGEMENT,
INC.
This First Amendment to Agreement for Services between City of Wildomar and HR Dynamics & Performance Management, Inc. (“First Amendment”), which is dated July 13, 2022 (“Effective Date”) is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and HR Dynamics & Performance Management, Inc., a State of California Corporation (“Service Provider”) as follows:
RECITALS
A. City and Service Provider entered into an Agreement for Services (“Agreement”) dated February 9, 2022.
B. The City and Service Provider desire to amend their Agreement effective July 13, 2022 to revise the compensation (Exhibit “B”) for services to not to exceed $117,875 from the $53,625 in the Agreement. This amendment is being made to specify the compensation Service Provider shall receive for additional hours worked on the original agreement, development of the class descriptions and classifications of up to an additional 31 positions, consultation on the strategy & implementation of the resulting final plan, and an assessment of the City’s Human Resource area.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
AMENDMENT. The Agreement is hereby modified and amended as follows:
1. Section 2. (a) Scope of Services. “Service Provider agrees to perform the services set forth in Exhibit “A” as amended.
2. Section 4. (a) Compensation and Method of Payment. “The total annual compensation, including reimbursement for actual expenses shall be amended to, “shall not exceed one hundred ten thousand dollars ($117,875).”
3. Exhibit “B” II. Compensation. The total compensation for the Services shall not exceed $117,875, as provided in Section 4 “Compensation and Method of Payment” of this Agreement unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.
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GENERAL PROVISIONS.
4. Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
5. Integration. This First Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
6. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
7. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
THE CITY OF WILDOMAR HR DYNAMICS & PERFORMANCE
MANAGEMENT, INC.
By: By:
Dan York Rhonda D. Strout-Garcia,
City Manager Principal Consultant/Owner
ATTEST:
Janet Morales, CMC
City Clerk
APPROVED AS TO FORM
Thomas D. Jex, City Attorney
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CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: July 13, 2022
SUBJECT: Contractual Services Agreement between the City of Wildomar and FoBro Consulting, LLC
SUBMITTED BY: Robert Howell, Administrative Services
PREPARED BY: James Riley, Project Consultant
ACTION:
Approve and authorize the City Manager to execute a contract with FoBro Consulting, LLC to provide consulting services for Homelessness program services, CDBG activities, and projectbased developer reconciliation and billing services.
BACKGROUND:
FoBro Consulting, LLC has provided contracted services to the City since 2016 in developer billing, reconciliation, and collection; CDBG project administration services; and the implementation of a homeless program and services for the City.
DISCUSSION:
FoBro Consulting proposes to provide services for developer billing, reconciliation, collection; CDBG project administration; and, Homeless program support. Staff recommends approval of a new agreement for Fiscal Year 2022/23 in an amount not to exceed $74,500.
FISCAL IMPACT:
A total of $74,500 has been appropriated in the 2022-2023 fiscal year, of which $49,500 is from the General Fund and $25,000 from Measure AA - Homeless Services.
ACCOUNT CODE:
100-410-4200-52115 - $49,500
120-410-4610-52115 - $25,000
ATTACHMENTS:
A. FoBro Consulting Services Agreement
199
// 2021
RIV #4814-7282-0706 v1
AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
FOBRO CONSULTING, LLC
a limited liability company
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
FOBRO CONSULTING, LLC
This Agreement for Services (“Agreement”) is entered into as of this 13th day of July, 2022 by and between the City of Wildomar, a municipal corporation (“City”) and FoBro Consulting, LLC, a limited liability company (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by direct negotiations and proposal services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one-year commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to 201
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that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed seventy four five hundred dollars ($74,500), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).
In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
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(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, 203
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canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or 204
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in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
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Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Service Provider will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
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(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider.
(c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written 208
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consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give 209
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notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
To Service Provider: FOBRO CONSULTING, LLC
2819 S. 95th Dr.
Tolleson, AZ 85353
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, 210
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including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
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SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
__________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales, CMC
City Clerk
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213
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EXHIBIT "A"
SCOPE OF SERVICES
I. FoBro Consulting, LLC (“Service Provider”) will provide consulting services to the City of Wildomar (“City”) as follows, effective July 1, 2022:
A. Provide reconciliation and final billing services for Private Developer Deposit Projects. Beginning January 1, 2023, the City will be moving away from developer deposits to fixed fee charges for developer related services.
B. Provide consulting assistance as needed for the Community Development Block Grant (CDBG) annual application process.
C. Provide project consulting services for the City’s Permanent Supportive Housing (PSH) home’s addition of an auxiliary dwelling unit (ADU).
D. Provide consulting services to the City regarding homeless housing services and funding opportunities.
II. As part of the Services, the Service Provider will prepare and deliver the following tangible work products to the City:
A. Developer deposit statements and reports, as needed, until project completion.
B. CDBG/ESG program, grant writing and application recommendations, as needed. 215
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EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:
A. Consulting
Services $55.00 per hour
II. Service Provider may utilize sub-contractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed $ 55.00 per hour without written authorization from the City Manager or his designee.
III. The total compensation for the Services shall not exceed $74,500.00, as provided in Section 4 “Compensation and Method of Payment” of this Agreement.
IV. Service Provider shall furnish all tools, supplies and equipment necessary or proper to perform Services. No expense incurred by Service Provider will be reimbursed by City unless it is expressly requested and approved in writing by the City Manager in advance. 216
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Exhibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The 218
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policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 219
CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.14
Meeting Date: July 13, 2022
SUBJECT: Acceptance of FY 2021 State Homeland Security Program (SHSP) Award
SUBMITTED BY: Adam Jantz, Administrative Services
PREPARED BY: Adam Jantz, Senior Administrative Analyst
ACTION:
1. Accept $4,194 in funding from Riverside County’s FY 2021 State Homeland Security Program (SHSP);
2. Adopt a Resolution entitled: RESOLUTION NO. 2022 - XX, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING PARTICIPATION IN THE FY 2021 STATE HOMELAND SECURITY PROGRAM (SHSP) AND AUTHORIZING
THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR AND ON
BEHALF OF THE CITY
SUMMARY:
The City of Wildomar was awarded $4,194 for eligible expenditures under the FY2021 SHSP Grant. The award was approved to provide CERT training. The City Council needs to approve participation in the Grant and designate the authorized agent.
BACKGROUND:
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY 2021 SHSP application and has authorized the commencement of reimbursement requests to approved Cities. The City of Wildomar’s application for a portion of this funding has been approved and the City was awarded $4,194 for eligible expenditures. The performance period of this grant is February 17, 2022 – May 31
st
, 2023.
DISCUSSION:
The SHSP grant provides 100% reimbursement to the City for eligible purchases of supplies, materials, equipment and training relating to and conducting Community Emergency Response Team (CERT) program certifications. The CERT program educates people about 220
disaster preparedness and provides resources and training to help citizens plan for and recover from a disaster or emergency.
FISCAL IMPACT:
The City of Wildomar’s total grant award is $4,194.
ACCOUNT CODE:
280-964-4610-52115
ATTACHMENTS:
Attachment A. SHSP FY2021 Resolution
Attachment B. FY 2021 SHSP Wildomar Project Ledger
Attachment C. FY21 Wildomar Award Letter.pdf
221
RESOLUTION NO. 2022 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING PARTICIPATION IN THE FY 2021 STATE
HOMELAND SECURITY PROGRAM (SHSP) AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR
AND ON BEHALF OF THE CITY
WHEREAS, the Department of Homeland Security, Federal Emergency Management Agency have provided funds for the FY 2021 State Homeland Security Program (SHSP); and
WHEREAS, the California Office of Emergency Services (CalOES) has been delegated the responsibility for the administration of this grant program establishing necessary procures; and
WHEREAS, the Riverside County Office of Emergency Services has been further delegated the responsibility for the administration of this grant program establishing necessary procedures; and
WHEREAS, the Riverside County Office of Emergency Services has awarded the City of Wildomar funds for FY 2021; and
WHEREAS, said procedures established by the State of California and the County of Riverside require a resolution certifying the approval of the application.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Wildomar, California as follows:
1. The City Council approves participation in the FY 2021 State Homeland Security Program; and
2. The City Council appoints the City Manager or his designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned projects.
PASSED, APPROVED, AND ADOPTED this 13th day of July, 2022. ______________________________
Ben J. Benoit
Mayor
222
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
223
Start Date:
End Date:
4,194 - - - - 4,194
IJ #05 Goal #6 Subaward 005 Riverside County Cities- CERT Program Enhancement and Sustainment
This investment supports the Combating Domestic Violent Extremist by engaging the whole community by providing critical training that help protect our residents, mitigate the loss of life by teaching the importance of being vigilant “See something say something,” educate the public on resources to help them identify and report potential instances of domestic violent extremism and prevent the spread of violent extremist ideologies. The Community Emergency Response Team (CERT) training is a 20 hour course offered free of charge to participants by utilizing SHSP grant funds. This training educates people about disaster preparedness for hazards that may impact their area and trains them in basic disaster response skills, such as fire safety, light search and rescue, team organization, disaster psychology, disaster medical operations suspicious activity reporting, indicators and behaviours and terrorism awareness. Given heightened terrorist activity throughout the Country and the most recent events in San Bernardino County, where local community had to shelter in place the importance of self-resilience has been highlighted. The need for individuals to be aware of their surroundings and the campaign for "See Something Say Something" which is taught in the 20 hour CERT curriculum is a must to assist in the fight and prevention of future terrorist activities. Using the training learned in the classroom and during exercises, CERT graduates can better assist themselves, their family, others in their neighborhood or workplace following an event when professional responders are not immediately available to help which will minimize the loss of life during an event. CERT program managers will be utilizing these funds to enhance and sustain their existing programs by offering training, purchasing equipment, and staff to assist with managing their programs. Total Requested Amount: $186,488 Training: $186,488 This HSGP-SHSP EMG Training Community
Resilience Sustain N/A FY19; IJ#7 4,194 4,194
97.067
2/17/2022
Amount This
Request
Initial Application
Today's Date:
CFDA #
Approval:
RivCO OA
ONLY
Match Amount
PROJECT LEDGER
Alterations to this document may result in delayed application approval, modification requests, or reimbursement requests. Subrecipients may be asked to revise and/or re-submit any altered Financial Management Forms Workbook.
Deployable /
Shareable
Supports Prev
Awarded
Investment?
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) LEDGER TYPE:
Subgrant
Performance
Period
September 1, 2021
May 31, 2023
Discipline
Warning! Decimal usage is not allowed. Attempts to use decimals will prompt error message.
State
Goals IJ Percentage Expended
Total
Approved
Remaining
Balance
JB Date & Initials
(Prog. REP.):
City of Wildomar
2021-0081
Direct /
Subaward
Funding
Source
Project
Number
Core
Capability Solution Area Capability Building Project Title Amount
Approved
Previous
Project Description Total Budgeted Cost
FMFW v1.19 - 2019 224
Start Date:
End Date:
4,194 - - - 4,194
005 Subaward Wildomar- CERT Trainings HSGP-SHSP EMG Course Delivery and Evaluation Staff Classroom 4,194 4,194
EHP Hold
Amount
Approved
Previous
EHP Approval
Date
Subgrant
Performance
Period
REIMB
Request #
Date & Initials
(Prog. REP.):
Part of a
Procurement
over 250k
HSGP 97.067
September 1, 2021
Remaining
Balance
CFDA#
LEDGER
TYPE: Initial Application
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) Today's Date:
City of Wildomar
Warning! Decimal usage is not allowed. Attempts to use decimals will prompt error message.
Alterations to this document may result in delayed application approval, modification requests, or reimbursement requests.
Subrecipients may be asked to revise and/or re-submit any altered Financial Management Forms Workbook.
TRAINING
Solution Area
Sub-Category
Approval:
RivCO OA
ONLY
May 31, 2023
Course Name Discipline Budgeted
Cost
Total
Approved
Amount This
Request
Expenditure
Category
2021-0081
Project
Number
Sole Source
Involved
Identified
Host
Feedback
Number
Training
Activity
Total #
Trainee(s) Direct/Subaward Funding Source
FMFW v1.19 - 2019 225
450 E ALESSANDRO BLVD. RIVERSIDE, CALIFORNIA 92508
T: 951.358.7100 ♦ F: 951.358.7105 ♦ WEB: WWW.RIVCOPHEPR.ORG ♦ TDD: 951.358.5124 Bruce Barton, Director
Emergency Management Department
February 17, 2022
City of Wildomar
Dan York, City Manager
Robert Howell, Finance Manager
RE: FY21 State Homeland Security Program Grant (SHSP) Award - $4,194.00 Grant #2021-0081 CFDA#: 97.067
The California Office of Emergency Services (CalOES) has approved Riverside County’s FY21 State Homeland Security Program Grant (SHSP) application and has authorized the commencement of reimbursement requests as of 2/17/2022.
The grant cycle for this grant will end on May 31, 2023. All final reimbursement requests are due no later than June 10, 2023.
Upon approval of pending paperwork this letter serves as authorization to begin spending and requesting reimbursement of your Anti-Terrorism Approval Authority (ATAA) approved projects. In an effort to ensure that all awarded funds are expended the State is requiring that reimbursement requests should be made at least every 6 months. Expenses for equipment should be completed within the first 8 months after receiving this award letter. Training must be completed or scheduled within the first year of this grant. Under extenuating circumstances some exceptions may be approved. Full Expenditure of the awarded funds is expected.
Riverside County Operational Area may reduce, suspend, or terminate current and/or future grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
• Failure to submit required reports.
• Failure to expend a minimum of 90% of awarded funding. • Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances. • Failure to comply with the requirements or statutory progress toward the goals or objectives of federal or state law.
• Failure to follow grant agreement requirements or special conditions. • False certification in the application or document.
• Failure to adequately manage, monitor or direct the grant funding activities of their City/Agency.
Riverside County EMD does require you to provide a signed FY21 Grant Assurance and completed and signed Workbook Face-Sheet as soon as possible. Modifications and Reimbursement Requests cannot be processed until we receive these documents. Please remember that changes to your grant will require the approval of the OA prior to incurring any costs.
All modifications, EHP’s, sole source procurement, EOC and construction requests require additional approvals from CalOES through the OA prior to incurring any costs.
By accepting this award, it is understood that you are agreeing to comply with all applicable federal, state, and local requirements of the grant as put forth in the FY21 Grant Assurances, federal and state guidances, and all provisions of 2 CFR 200 including part F- “Audit Requirements”. Any funds found owed as a result of a final review or audit must be refunded to the County within 15 days upon receipt of an invoice from Riverside County EMD.
As always, please feel free to contact us with any questions you may have. I look forward to working with you and appreciate your cooperation and support.
Regards,
Joe Barron
Administrative Services Analyst II
Riverside County EMD
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CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.15
Meeting Date: July 13, 2022
SUBJECT:
Tribal Cultural Resources Monitoring Agreements and Project Budget Amendment - Palomar Street/Clinton Keith Road
Sidewalk, Trail, and Bike Lane Connectivity Project (CIP 059) SUBMITTED BY: Jason Farag, Public Works/ Engineering
PREPARED BY: Warren Repke, Senior Project Manager
ACTION:
1. Authorize the City Manager to execute Cultural Resource Monitoring Agreements with the Soboba Band of Luiseno Indians and the Pachanga Band of Indians..
2. Appropriate an additional $167,000 from Fund 503 (TUMF) for the project construction budget.
SUMMARY:
Per the project Mitigated Negative Declaration approved by the City Council for the project, cultural resource monitoring by the Soboba and Pechanga Tribes is required during ground disturbing activities. The proposed agreements provide for the monitoring. These activities, other additional environmental mitigation measures, and project quality assurance require an increase in the project budget from $2,170,000 to $2,337,000.
BACKGROUND:
On May 11, 2022, the City Council awarded a construction contract to LC Paving & Sealing Inc. in the amount of $1,492,427.32. The project will improve existing conditions along segments of Palomar Street and Clinton Keith Road for bicyclists, pedestrians, and vehicle traffic. The project includes the construction of street, sidewalk, trail, drainage, and pavement markings/striping improvements on Palomar Street from Clinton Keith Road to McVicar Street and on Clinton Keith Road at Stable Lanes Road.
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 227
was conducted by the Planning Department. A Mitigated Negative Declaration was prepared and a Notice of Determination recorded on July 22, 2021.
DISCUSSION:
Included as a Mitigation Measure in the Mitigated Negative Declaration is the requirement that all disturbed areas, trenches and excavations be monitored by Tribal Monitors from the Soboba Band and the Pechanga Tribe (Tribes) to search for cultural resources. To accomplish this requirement agreements are required with the Tribes to set forth the conditions and costs of the monitoring. The Agreements are included as Attachments A and B.
Staff recommends the City Council authorize the City Manager to execute the agreements.
Also included as mitigation measures were burrowing owl and nesting bird surveys as well as the fencing and monitoring of regulatory permit jurisdictional limits and disturbed areas within the project.
FISCAL IMPACT:
Award of the project included the following project budget:
FUND AMOUNT
503 TUMF $1,396,300
203 SB 821 Grant $275,000
501 EVMWD Cooperative Agreement $25,200
201 Measure A $243,100
120 Measure AA $231,400
TOTAL $2,170,000
Not included in the budget were the costs associated with the project mitigation measures.
These costs were previously unknown and are associated with the monitor rates in the agreements and actual contractor's construction schedule that indicates the amount of time included for the ground disturbing activities. Additional geotechnical testing was also added to the budget and an additional contingency to cover unforeseen time that might be required for monitoring and construction administration.
It is recommended that an additional $167,000 in TUMF funds (Fund 503) be appropriated for the required activities increasing the total project budget to $2,337,000.
ACCOUNT CODE:
503-001-4500-52115 = $167,000
ATTACHMENTS:
A - Soboba Cultural Resource Monitoring Agreement
B - Pechanga Cultural Resource Monitoring Agreement
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1 SOBOBA BAND OF LUISEÑO INDIANS
P.O. BOX 487, SAN JACINTO, CA 92581
CULTURAL RESOURCE MONITORING AGREEMENT
This CULTURAL RESOURCE MONITORING AGREEMENT (“Agreement”) is made and entered into as of July 13, 2022, by and between SOBOBA BAND OF LUISEÑO INDIANS, a federally recognized Indian tribe (“Soboba Band”) and City of Wildomar (“City”) (Soboba Band and City are sometimes referred to individually as a “Party,” and collectively as the “Parties”).
RECITALS
A. Subject Matter: This Agreement concerns a Project located within the City of Wildomar, Riverside County, owned by City, commonly referred to as the Palomar Street/Clinton Keith Road and Bike Trail Connectivity Project (hereinafter referred to as the "Project") and as more particularly described in Attachment I to this Agreement.
B. Purpose: The purpose of this Agreement is to formalize procedures for tribal monitoring by the Soboba Band of Luiseño Indians during ground disturbing activities.
AGREEMENT
1. The description of work. The Soboba Band agrees to provide, and City agrees to utilize, tribal monitors during the grading and ground disturbing activities at the Project site in accordance with the terms and conditions stated in Attachment II to this Agreement and incorporated herein by this reference. Section I of Attachment II specifies the duties and responsibilities of the identified tribal monitoring crew and other specified parties. Section II of Attachment II identifies the geographical area over which the tribal monitoring crew shall oversee and Sections III and IV of Attachment II mandates direct compensation of the tribal monitoring crew by City of Wildomar (Compensator).
2. Limitation on Scope. This Agreement is unique to the Project only and does not set a precedent for other projects.
3. Counterparts. This Agreement may be signed in two or more counterparts and shall be effective when all the Parties and signatories have affixed their signatures to two or more of the counterparts and the counterparts have been delivered to all Parties, at which time the counterparts together will be deemed one original document. 229
2 Date: (June_____, 2022) SOBOBA BAND OF LUISEÑO INDIANS ___________________________________
By: Isaiah Vivanco, Tribal Chairman
Soboba Band of Luiseño Indians
Date: (June 21, 2022) City of Wildomar
___________________________________
Dan York, City Manager
Billing Contact & Associated Information:
City of Wildomar
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
951-677-7751
230
3 ATTACHMENT I
Palomar Street/Clinton Keith Road and Bike Trail Connectivity Project 231
4 Attachment II
NATIVE AMERICAN MONITORING OF GRADING AND GROUND
DISTURBING ACTIVITIES
I. Specifications
Given the nature and sensitivity of the archaeological sites and cultural resources that are in or may be within the Project area, the Soboba Band of Luiseno Indians shall provide the tribal monitoring, consultation and facilitation for this project during the archeological investigations, and all ground disturbing activities for the Project. Tribal monitors will work in coordination with the City’s designated onsite representative. The Native American monitors will be empowered to halt all earthmoving equipment in the immediate area of discovery when cultural items or features are identified until further evaluation can be made in determining their significance. It is understood that all surface and subsurface artifacts of significance shall be collected and mapped during this operation following standard archaeological practices.
After discovery of cultural items or features discussions will take place to determine the significance of the situation and best course of action for avoidance, protection of resources or data recovery as applicable.
II. Project to be Monitored
Monitoring shall encompass the area known as Palomar Street/Clinton Keith Road and Bike Trail Connectivity Project as indicated in Recital A and Attachment I of this Agreement, and shall be known as the Project area. It is agreed that monitoring shall be allowed for all archaeological studies, excavations, and ground disturbing activities occurring in conjunction with the development of the Project.
III. Project Crew Size
The parties to this Agreement anticipate the need for a tribal monitoring crew initially consisting of one (1) person. The City agrees to designate an onsite representative, who will be responsible for signing the tribal monitor’s daily activity log at the close of each work day. If the scope of the work changes (e.g. inadvertent discoveries of cultural resources or simultaneous grading to require additional monitors), City of Wildomar to directly compensate the work of additional tribal monitors to the originally agreed upon crew (1) tribal monitors. The compensation rate shall be made directly from City of Wildomar to the Soboba Band of Luiseno Indians.
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5 The City agrees to provide the Soboba Band of Luiseño Indians a minimum forty-eight (48) hour advance notice prior to the commencement of ground disturbing activities. City will be subject to a $1000 fee, for ground disturbing activities completed without the oversite of a Soboba Tribal Monitor, and without prior notification to the Soboba Band of Luiseno Indians.
IV. Compensation
The Soboba Band shall provide the tribal monitoring crew for this project be responsible for coordinating the tribal monitors’ activities on this Project. The Soboba Band recognizes that dangerous conditions may exist on the work site, particularly during grading operations, and agrees to assume responsibility for the safety of the tribal monitoring crew while the crew remains on the Project site. The Soboba Band possess full coverage insurance for the tribal monitors. (Provided upon request)
City of Wildomar shall directly compensate the Soboba Band of Luiseno Indians in accordance with the following compensation rates and procedures.
Invoice will be submitted on a monthly and be paid within 30 days to insure monitor compensation.
A minimum 4-hour half-day charge (“show up” time) shall be charged to the City for unannounced work stoppages of the tribal monitors that are not due to actions by the Soboba Band.
Per-Diem will also be set at the rate listed below.
Tribal Consultation for Discoveries $ 85.00 hourly rate Native American Monitoring $ 90.00 hourly rate
Overtime (After 8 hours Daily or 40 Hours a week) $ 135.00 Daily Per-Diem $ 120.00 Per GSA
Double Time (After 12 hours Daily) $ 180.00
Administrative Fee 15% of Invoice
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1 CULTURAL RESOURCES TREATMENT AND TRIBAL MONITORING AGREEMENT (Pre-Excavation Agreement)
PALOMAR STREET AND CLINTON KEITH ROAD
BIKE TRAIL CONNECTIVITY
PROJECT CIP NO. 028-1
I. PARTIES
The PARTIES to this Agreement are (1) The Pechanga Band of Indians, a federally recognized Indian tribe (“PECHANGA TRIBE”) and (2) City of Wildomar (“DEVELOPER”).
All notices to the PARTIES shall be given at the addresses below:
Pechanga Band of Indians
Gary DuBois, Director
Pechanga Cultural Resources
P.O. Box 2183
Temecula, CA 92593
Telephone: (951) 770-6300
General Counsel for the Pechanga Band
Michele Fahley, Deputy General Counsel
Pechanga Office of the General Counsel
P.O. Box 1477
Temecula, CA 92593
Telephone: (951) 770-6170
Facsimile: (951) 694-0733
Developer
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Telephone (951) 677-7751
*For Tribal Monitor scheduling and Tribal Monitor
contact information, please refer to Addendum 2
(Monitoring Services Summary Sheet)*
II. SUBJECT MATTER
This Agreement concerns a project known as the Palomar Street and Clinton Keith Road Bike Trail Connectivity Project CIP No. 028-1. The PECHANGA TRIBE will provide a copy of this Agreement to the Riverside County Medical Examiner’s Office and the City of Wildomar, Lead Agency for the Project, and agency responsible for environmental compliance of this Project ("Lead Agency").
III. PURPOSE
This Agreement formalizes procedures for the treatment of Native American human remains, grave goods, funerary objects, ceremonial items, and cultural items, in the event that any are found in conjunction with development of the Project. This Agreement also formalizes procedures for Tribal Monitoring during all grading, groundbreaking, excavation, and ground-disturbing activities performed in conjunction with the Project development, including archaeological testing, studies, surveys, and staging activities. This Agreement is entered into pursuant to the mitigation measures required under the California Environmental Quality Act, Cal. Public Resources Code Section 21000 et seq., as amended ("CEQA") and the conditions of approval for this Project. This Agreement is effective as of the date provided for in Section XVII. 234
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2 IV. CULTURAL AFFILIATION & TREATMENT OF CULTURAL RESOURCES The PARTIES agree that the Project area consists of land which has been traced to and traditionally occupied by the PECHANGA TRIBE. Cultural resources, including ceremonial items and archaeological items, which may be found in conjunction with the development of this Project shall be treated as follows:
Treatment of all cultural items will reflect the religious beliefs, customs, and practices of the PECHANGA TRIBE. The DEVELOPER agrees to give all cultural items to the PECHANGA TRIBE for appropriate treatment, unless the DEVELOPER is otherwise ordered by a court or agency of competent jurisdiction. The DEVELOPER waives any and all claims to ownership of all cultural items in favor of the PECHANGA TRIBE. If temporary possession of cultural items by the DEVELOPER or its agents, subcontractors, or representatives is necessary (for example a Project archaeologist), said entity or individual shall not possess those items for longer than is reasonably necessary, except that all PARTIES agree that ceremonial and sacred items shall be immediately relinquished to the PECHANGA TRIBE for appropriate treatment.
V. DISCOVERY OF HUMAN REMAINS
A. Most Likely Descendant Determination
If Native American human remains are found during development of the Project, the PARTIES understand that the Native American Heritage Commission ("NAHC") will be notified and will make a determination of Most Likely Descendant ("MLD") pursuant to California Public Resources Code Section 5097.98. Neither PARTY guarantees that the PECHANGA TRIBE or one of its members will be named the MLD. However, given the location of the site and the history/prehistory of the area, the PARTIES’ good faith belief is that Tribal Chairperson Mark Macarro of the PECHANGA TRIBE will be named the MLD.
Should the NAHC determine that a member of an Indian tribe other than the PECHANGA TRIBE is the MLD, the provisions of this Agreement relating to the treatment of such Native American human remains shall be null and void in their entirety, except that the provisions of Addendum 1 to this Agreement, which is fully severable, shall continue in full force and effect.
B. Coordination with County Medical Examiner’s Office
The DEVELOPER shall immediately contact the Medical Examiner and the PECHANGA TRIBE in the event that any human remains are discovered during the development of the Project. The Medical Examiner shall ensure that notification is provided to the NAHC as required by California Public Resources Code Section 5097.98(a) and California Health & Safety Code Section 7050.5(c).
C. Treatment of Native American Human Remains
In the event that Native American human remains are found during development of the Project and the PECHANGA TRIBE or one of its members is determined to be the MLD by the NAHC, the following provisions shall apply.
The term "Native American human remains" encompasses more than human bones. The PECHANGA TRIBE’S traditions call for the burial of associated cultural resources with the deceased (grave goods and funerary objects), and the ceremonial burning of human remains, with 235
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3 funerary objects, grave goods and animals. Ashes and other remnants of these burning ceremonies, as well as grave goods and funerary objects, associated with or buried with the Native American remains, are to be treated in the same manner as bones, bone fragments, and cremations.
The Medical Examiner shall immediately be notified, ground disturbing activities in that location shall cease, and the remains shall be left in the place where they were discovered until the Medical Examiner has had the opportunity to inspect the remains in place and make her determinations as required by State law, and until a final decision as to the treatment and disposition has been made pursuant to this Agreement and the State law.
The PECHANGA TRIBE shall be allowed, pursuant to California Public Resources Code Section 5097.98(a), to (1) inspect the site of the discovery, and (2) make recommendations as to how the human remains and grave goods should be treated with appropriate dignity. The DEVELOPER shall discuss and confer with the PECHANGA TRIBE all reasonable options with regard to its preferences and recommendations for treatment. The PARTIES agree to discuss in good faith what constitutes "appropriate dignity," as that term is used in the applicable statutes and in the PECHANGA TRIBE'S customs and traditions.
The PECHANGA TRIBE shall complete its inspection and make its MLD recommendation within forty-eight (48) hours of receiving notification of the MLD determination from the NAHC. The PECHANGA TRIBE shall have the final determination as to the disposition and treatment of human remains and grave goods.
D. Non-Disclosure of Reburial Locations
Unless otherwise required by law, the site of any reburial of Native American human remains shall not be disclosed and will not be governed by public disclosure requirements of the California Public Records Act, Cal. Govt. Code Section 6250 et seq. The Medical Examiner shall withhold public disclosure of information related to such reburial pursuant to the specific exemption set forth in California Government Code Section 6254(r).
VI. SIGNIFICANT SITES IMPACTED BY PROJECT
If additional significant sites or sites not identified as significant in the Project environmental review process, but later determined to be significant, are located within the Project impact area, such sites will be subjected to further archaeological and cultural significance evaluation by the City of Wildomar, as Lead Agency, and the PECHANGA TRIBE to determine if additional mitigation measures are necessary to treat sites in a culturally appropriate manner consistent with CEQA requirements for mitigation of impacts to cultural resources.
VII. TRIBAL MONITORS
The description of work for Tribal Monitors is attached hereto as Addendum 1 and incorporated herein by reference. Addendum 1 specifies the development activities that Tribal Monitors will monitor, the geographical area over which this monitoring shall be conducted, the size of the monitoring crew, the powers of the monitoring crew, provisions for compensation of the Tribal Monitors, and other pertinent provisions.
VIII. SUCCESSORS AND ASSIGNS
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4 This Agreement shall be binding upon and inure to the benefit of the heirs, successors, representatives, executors, administrators, and assigns of the parties, including subsequent land owners, developers, and subcontractors of the Project area, and any person or entity obligated to comply with environmental and cultural/archaeological protection laws applicable to the Project.
IX. STATUTORY COMPLIANCE
Nothing in this Agreement shall excuse the Lead Agency on this Project or the DEVELOPER from their obligations under any applicable state or federal laws or regulations, including but not limited to the CEQA, Public Resources Code Section 21000 et seq.; the National Historic Preservation Act, 16 U.S.C. Section 470 et seq.; California Public Resources Code Sections 5097.98, 5097.98(c), and 5097.99; California Health and Safety Code Section 7050.5(c); California Government Code Sections 6254, 65040.2, 65092, 65351, 65352, 65560, 65352.3, 65352.4, 65562.5; California Civil Code Section 815.3; the Native American Graves Protection and Repatriation Act, 25 U.S.C. Section 3001 et seq.; the California Native American Graves Protection and Repatriation Act of 2001, California Health and Safety Code Section 8010 et seq.; the American Indian Religious Freedom Act, 16 U.S.C. Section 1996, et seq., and the First Amendment to the United States Constitution. Nothing in this Agreement is intended to make any of the above-referenced laws applicable where such laws would otherwise be inapplicable.
X. INDEMNITY
The PECHANGA TRIBE in no way indemnifies nor guarantees the Lead Agency or the DEVELOPER in any of their legal obligations.
XI. SEVERABILITY
Should any part of this Agreement be found by any court or agency of competent jurisdiction to be to any extent invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
XII. CONFIDENTIALITY
This Project is subject to certain confidentiality mandates. AB 52, as codified in Public Resources Code §21082.3(c)(1) requires that the Lead Agency maintain confidential information provided by a tribe during consultation or the environmental review process. That duty to maintain confidentiality also attaches to the DEVELOPER and their agents, and prohibits disclosure of such confidential information regarding tribal cultural resources to third parties. Further, Government Code §6254(r) also protects from disclosure under the Public Records Act information concerning cultural resources. The cultural information provided in this Agreement, which is a requirement of the Project’s Conditions of Approval, and/or Mitigation Monitoring and Reporting Plan, if required, is being provided as part of the environmental review process and regulatory compliance, and is thus protected from disclosure.
The DEVELOPER agrees to keep confidential and shall not disclose the following, unless required by law or a court of competent jurisdiction: 1) any terms and conditions of this Agreement; and 2) any items discussed in Section V(D). The DEVELOPER shall ensure that all of its officers, directors, agents, employees, and contractors agree to keep confidential the above items and to fully comply with this section as though each of them had signed this Agreement. The PARTIES 237
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5 agree that any remedy at law for a breach of this section would be inadequate and such breach shall result in irreparable harm to the PECHANGA TRIBE, who shall be entitled to obtain injunctive relief for a breach of this section, in addition to any other remedies available to it at law.
XIII. LIMITATION ON SCOPE
This Agreement is unique to this Project only and does not set a precedent for other projects.
XVI. AUTHORITY TO EXECUTE
Each of the persons executing this Agreement expressly warrants that he or she is authorized to do so on behalf of the entity for which he or she is executing this Agreement. Each PARTY to this Agreement represents and warrants that this Agreement is executed voluntarily, with full knowledge of its significance.
XVII. COUNTERPARTS
This Agreement may be signed in two or more counterparts and will be effective when all PARTIES and signatories have affixed their signatures to two or more of the counterparts and said counterparts have been delivered to all PARTIES, at which time the counterparts together will be deemed one original document.
Date: Date:
Tribe: PECHANGA BAND OF INDIANS Developer: CITY OF WILDOMAR By: Mark Macarro By: Dan York
Its: Tribal Chairman Its: City Manager
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6 ADDENDUM 1
TRIBAL MONITORING
Palomar Street and Clinton Keith
Road Bike Trail Connectivity
Project CIP No. 028-1
I. MONITORING SPECIFICATIONS
The Palomar Street and Clinton Keith Road Bike Trail Connectivity Project CIP No. 028-1, defined in Section II of the Cultural Resources Treatment and Tribal Monitoring Agreement, shall consist of improving connectivity for active transportation users by filling in the sidewalk/trail gaps, and adding bicycle lanes along portions of Palomar Street and Clinton Keith Road. On Palomar Street, 4,100 linear feet of Class II bicycle lanes and two-foot-wide buffers are proposed between McVicar Street and Clinton Keith Road. In addition, approximately 530 linear feet of sidewalks/ trails will be filled in along the south side of Palomar Street to create a continuous barrier-free path along this segment to connect to newly constructed bike lanes on Clinton Keith Road. On Clinton Keith Road, 630 linear feet of sidewalk is proposed to fill in a sidewalk gap, which will increase connectivity for pedestrians accessing the various business and retail stores along Clinton Keith Road.
Given the nature and sensitivity of the archaeological sites and cultural resources that are or may be in the Project area, it is agreed that the PECHANGA TRIBE shall designate representatives to be retained as Tribal Monitors to monitor all grading, groundbreaking, excavation, and grounddisturbing activities performed in the Project area and in conjunction with the Project development, including archaeological testing, studies, surveys, and staging activities. Tribal Monitors will not monitor paleontological material. If necessary, archaeological observation shall consist of a qualified archaeologist, retained by the DEVELOPER, to be present during grading activities to identify and/or ascertain the significance of any subsurface cultural resources or to aid in the avoidance of sensitive areas.
II. DISCOVERY OF HUMAN REMAINS
In the event that human remains, as defined in Section V(C) of the Cultural Resources Treatment and Tribal Monitoring Agreement, incorporated herein by reference, are found during development of the Project, Tribal Monitors are empowered to temporarily halt and/or relocate grading or excavation activities pending further investigation by the Medical Examiner and the PECHANGA TRIBE, pursuant to California Health & Safety Code Section 7050.5. The Tribal Monitors are further empowered to temporarily halt and/or relocate grading or excavation activities, for short periods of time, to conduct further evaluation of the significance of discovered cultural items, including further controlled excavations pursuant to California Public Resources Code Section 21083.2(i). Surface or subsurface artifacts of significance may be collected and mapped during this controlled excavation.
III. PRE-GRADING CONFERENCE & PROJECT CREW SIZES
Regarding grading activities, a pre-grading conference shall be held by the DEVELOPER to clarify Tribal Monitoring specifications with the grading contractor and/or Project manager and the 239
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7 grading inspector of the jurisdiction in which the Project site is located. The PECHANGA TRIBE shall be invited to participate in this conference.
To determine Tribal Monitoring crew sizes, a written schedule of excavation, testing, grading, and ground-disturbing activities shall be submitted by the DEVELOPER to the PECHANGA TRIBE one week in advance of the commencement of these activities. If the DEVELOPER changes the written schedule of excavation with less than twenty-four (24) hours’ notice, the PECHANGA TRIBE may impose a minimum half-day show-up charge. “Notice” must be given during normal business hours (i.e., Monday-Friday from 8:00 a.m. to 5:00 p.m.). Notice provided outside of normal business hours may result in a minimum half-day charge.
The PARTIES to this Agreement anticipate the need for a Tribal Monitoring crew consisting of two (2) persons. If the scope of work changes to require additional monitors (for example, if inadvertent discoveries of cultural resources are made or simultaneous grading in two or more geographic areas), the DEVELOPER agrees to come to a reasonable agreement with the PECHANGA TRIBE regarding compensation of more than two (2) monitors.
IV. COMPENSATION
The PECHANGA TRIBE shall hire the Tribal Monitoring crew for this Project and shall be responsible for coordinating their activities. The PECHANGA TRIBE recognizes dangerous conditions can exist at the Project work site, particularly during grading operations, and agrees to assume responsibility for the safety of the Tribal Monitors while on the Project site. The PECHANGA TRIBE possesses liability insurance for its Monitors.
The DEVELOPER shall compensate each Tribal Monitor at a rate of $75.00 per hour, or at the Tribal Monitors’ then-current hourly rate for monitoring work taking place more than one (1) year after the execution of this Agreement. The PECHANGA TRIBE shall provide DEVELOPER with an updated fee schedule as necessary. Overtime rates of time and one-half of the quoted hourly rate apply for “after hours work” and “weekend work.” “After hours work” is defined as services performed beyond an eight-hour day from start of construction. “Weekend work” is defined as services performed between close of the eight-hour construction day on Friday and start of construction work Monday morning. Holiday rates of double time, or two times the quoted hourly rate, apply for all work taking place on a holiday. The hourly rate will not be applicable to travel time to and from the Project site. The DEVELOPER shall also reimburse the Tribal Monitors for all reasonable and documented mileage expenses at the then-current Federal Travel Regulation mileage rate.
A minimum of four hours ("show-up time") will be charged to the DEVELOPER for unannounced work stoppages of Tribal Monitors which are not due to actions of the PECHANGA TRIBE. A minimum of two hours will be charged to the DEVELOPER for the pre-grading conference and any other meetings conducted outside of regularly scheduled grading or construction hours.
The DEVELOPER agrees that the PECHANGA TRIBE may invoice the DEVELOPER for the Tribal Monitors' compensation on a monthly basis.
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8 The DEVELOPER also agrees to remit payment in full to the following address within thirty (30) days of receipt of the PECHANGA TRIBE's invoice:
Accounting Department
Pechanga Band of Indians
Attn: Accounts Receivable
P.O. Box 1477
Temecula, CA 92593
All unpaid balances are subject to a monthly finance charge of 2% of the balance owed. If the DEVELOPER fails to remit payment, the PECHANGA TRIBE may pursue any necessary legal action, including collections, to recover the money owed.
V. MONITOR SERVICES SUMMARY SHEET
Please refer to Addendum 2 for pertinent contact information regarding monitor services. 241
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9 Project #: Project Start Date: Project End Date:
Account #:
Hourly Rate: Overtime Rate: Holiday Rate: Mileage Rate: Show Up: Y or N Pre-grading Time:
If you can not reach Tina Thompson, please contact Ebru Ozdil at (951) 770-6313 951-770-6111
Accounts Receivable Contact: Phone Number:
Aide Fierro
Address:
Address:
P.O. Box 1477 Temecula, CA 92593
E-mail:
[email protected]
ADDENDUM 2
MONITORING SERVICES SUMMARY SHEET
Project Owner/Developer:
Project Manager Name: Address:
PO #:
For Internal Use Only:
Name of Tribe:
Pechanga Band of Luiseno Indians 951-770-6000
Phone Number:
P.O. Box 2183 Temecula, CA 92593 951-770-6302
Address: Phone Number:
Tina Thompson-Mendoza [email protected]
Monitor Services Contact: E-mail:
P.O. Box 1477 Temecula CA 92593
E-mail: Phone Number:
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CITY COUNCIL/CEMETERY DISTRICT - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.16
Meeting Date: July 13, 2022
SUBJECT: Levy and Collection of Special Taxes within Community Facilities District No. 2013-1 (Services) for Fiscal Year 2022- 23 SUBMITTED BY: Jason Farag, Public Works/ Engineering PREPARED BY: Jason Farag, Senior Engineer
ACTION:
Adopt a Resolution entitled: RESOLUTION NO. 2022 - XX, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2013-1 (SERVICES) FOR FISCAL YEAR 2022-23
SUMMARY:
Annually, the City Council determines the amount of the special tax for CFD 2013-1 (Services) that should be charged to cover service expenses consistent with the rate and method of apportionment approved by the City Council at the time the CFD was formed.
BACKGROUND:
The State Legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by creating Community Facilities Districts (CFDs) and either issuing tax exempt securities that are repaid by annual levy of special taxes within the CFD, or to provide for the financing of on-going public services through a special tax levied on parcels within the CFD.
In 2013, the City established CFD No. 2013-1. Two special taxes (Special Tax A and Special Tax B) are levied on properties within the CFD to fund the maintenance of certain improvements and to fund public safety services. The improvements maintained by the CFD are funded by Special Tax A and include items such as landscaping and lighting, water quality improvements, graffiti, street sweeping, and trails and park maintenance. In addition, Special Tax B of the CFD finances certain public safety services to meet the increased demands new development places on polices and fire protection services. Both of these tax rates are 243
proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2% for Special Tax A and 5% for Special Tax B.
DISCUSSION:
Annually, the City Council determines the amount of the special tax for CFD 2013-1 (Services) that should be charged to cover service expenses within the district zones consistent with the rate and method of apportionment approved by the City Council at the time the CFD was formed.
FISCAL IMPACT:
Community Facilities District No. 2013-1 (Services) will generate a maximum special tax of $377,112.83 in Special Tax A and $166,914.58 in Special Tax B for Fiscal Year 2022-23.
Expenses for the Fiscal Year 2022-23 for Zone(s) 1-21 cannot be estimated at this time because not all certificates of occupancy and acceptance of the facilities have not occurred at this time. Contract amendment(s) to city maintenance contractor(s) will be presented to City Council and the CFD 2013-1 (Services) amounts will be encumbered at the time the services are deemed and rendered.
ACCOUNT CODE:
Fund 260, Zone 1 - $36,605.52
Fund 260, Zone 2 - $23,047.92
Fund 261, Zone 3 - $67,788.18
Fund 262, Zone 4 - $ 244.86
Fund 263, Zone 5 - $44,808.26
Fund 266, Zone 8 - $ 9,759.00
Fund 267, Zone 9 - $12,198.34
Fund 268, Zone 10 - $21,758.22
Fund 270, Zone 11 - $18,481.76
Fund 271, Zone 13 - $ 1,221.42
Fund 272, Zone 14 - $ 7,532.75
Fund 273, Zone 15 - $18,146.52
Fund 274, Zone 16 - $ 5,459.70
Fund 276, Zone 18 - $21,220.04
Fund 277, Zone 19 - $86,235.87
Fund 279, Zone 21 - $ 2,604.47
Fund 269, Special Tax B - $166,914.58
ATTACHMENTS:
A. Resolution No. 2022 - XX
A1. Resolution Exhibit A - Preliminary FY 2022-23 Levy Rolls B - CFD Annexation History
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RESOLUTION NO. 2022-______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2013-1
(SERVICES), FOR FISCAL YEAR 2022-23
WHEREAS, the City Council (“City Council”) of the City of Wildomar (“City”), California, previously initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all of which are authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being found at Chapter
2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (“Act”).
This community facilities district shall hereinafter be referred to as the City of Wildomar Community Facilities District No. 2013-1 (Services) (the “Community Facilities District”); and
WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy certain special taxes to pay for the costs of certain services (the “Special Taxes”); and
WHEREAS, Section 53340(b) of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by resolution, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year; and WHEREAS, the City Council of the City of Wildomar previously, as authorized by Section 53340(a) of the Act, authorized the levy of a special taxes to pay for costs and expenses related to said Community Facilities District, and the City Council now desires to establish and levy the rate of the special taxes to be collected for the Fiscal Year 2022-
23. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF WILDOMAR AS FOLLOWS:
Section 1. Recitals
All of the above recitals are true and correct.
Section 2. Specific Rate and Amount of Special Tax for Fiscal Year 2022- 23 Determined and Established
That the specific rate and amount of the Special Taxes to be collected to pay for the costs and expenses for the Community Facilities District for Fiscal Year 2022-23 are 245
hereby determined and established as set forth in Exhibit "A” attached hereto and incorporated by reference.
Section 3. Special Tax Used to Pay for Services
That the proceeds of the Special taxes shall be used to pay, in whole or in part, the costs of financing the following services and facilities:
Maintenance and lighting of parks, parkways, streets, roads and open space.
Public Safety Services
Section 4. Special Tax to be Collected by Riverside County The Special Taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected by the County of Riverside on behalf of the City of Wildomar, and shall be subject to the same penalties, procedure, sale, and lien in case of any delinquency for ad valorem taxes or as otherwise provided for by the City Council.
All revenues so collected either on the Riverside County tax roll or by any other method shall be paid into the City of Wildomar treasury and credited to a special fund, which shall only be used for the Community Facilities District in the manner specified above.
Section 5. Levy of Special Tax Authorized By City Council That the City Council hereby levies the Special Taxes for the Fiscal Year 2022-23 at the rates and with respect to the parcels as set forth in Exhibit A attached hereto. The City Manager or his designee is hereby authorized and directed to file with the Riverside County Auditor-Controller no later than August 10, 2022, in the format and media specified by Riverside County, subject only to permitted extension by the Riverside County Auditor-Controller, a certified list of all parcels subject to the Special Tax levies including the amount of the Special Taxes to be levied on each parcel of taxable property in the Community Facilities District for Fiscal Year 2022-23.
Section 6. Officers and Agents of the City of Wildomar
That the officers and agents of the City of Wildomar are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2022-23 as provided in this Resolution. Further, that all actions heretofore taken by the officers and agents of the City of Wildomar with respect to the levy of the Special Taxes for Fiscal Year 2022-23 are hereby approved, confirmed and ratified.
Section 7. Severability
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Should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Effective Date
This Resolution shall become effective upon the adoption by the City Council.
Section 9. Certification
The City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be processed in the manner required by law.
PASSED, APPROVED AND ADOPTED this 13th day of July, 2022.
Ben J. Benoit
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
EXHIBIT A
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City of Wildomar
CFD 2013-1 (Services)
Preliminary 2022-2023 Special Tax
(Separate Attachment)
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68-9856 - CFD 2013-1 Zone 1
Fiscal Year 2022-23
APN Levy APN Levy APN Levy
380422001 $451.92 380422002 $451.92 380422003 $451.92
380422004 $451.92 380422005 $451.92 380422006 $451.92
380422007 $451.92 380422008 $451.92 380422009 $451.92
380422010 $451.92 380422011 $451.92 380422012 $451.92
380422013 $451.92 380422014 $451.92 380422015 $451.92
380422016 $451.92 380422017 $451.92 380422018 $451.92
380422019 $451.92 380431001 $451.92 380431002 $451.92
380431003 $451.92 380431004 $451.92 380431005 $451.92
380431006 $451.92 380431007 $451.92 380431008 $451.92
380431009 $451.92 380431010 $451.92 380431011 $451.92
380431012 $451.92 380431013 $451.92 380431014 $451.92
380431015 $451.92 380431016 $451.92 380431017 $451.92
380431020 $451.92 380444001 $451.92 380444002 $451.92
380444003 $451.92 380444004 $451.92 380444005 $451.92
380444006 $451.92 380444007 $451.92 380444008 $451.92
380444009 $451.92 380444010 $451.92 380444011 $451.92
380444012 $451.92 380444013 $451.92 380444014 $451.92
380444015 $451.92 380444016 $451.92 380444017 $451.92
380444018 $451.92 380444019 $451.92 380444020 $451.92
380444021 $451.92 380444022 $451.92 380444023 $451.92
380444024 $451.92 380444025 $451.92 380444026 $451.92
380444027 $451.92 380444028 $451.92 380444029 $451.92
380444030 $451.92 380444031 $451.92 380444032 $451.92
380444033 $451.92 380444035 $451.92 380444036 $451.92
380444037 $451.92 380444038 $451.92 380444039 $451.92
380444040 $451.92 380444041 $451.92 380444042 $451.92
380444046 $451.92 380444047 $451.92 380444048 $451.92
Totals Parcels 81 Levy $36,605.52
Assessment Roll