CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR
MEETING
WEDNESDAY, OCTOBER 12, 2022
COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
CLOSED SESSION: 5:00 PM | REGULAR SESSION 6:00PM
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 COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
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
The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel with regard to the following matter of pending litigation:
A. City of Wildomar v. Lisa Marie Davis and Daniel Celaya; Case No. MCC2001484
RECONVENE INTO OPEN SESSION
ANNOUNCEMENTS
ADJOURN CLOSED SESSION
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
ROLL CALL
FLAG SALUTE
PRESENTATIONS
1. Proclamation: Purple Heart City
2. Proclamation: Breast Cancer Awareness Month
3. Proclamation: Code Enforcement Officer Week
DEPARTMENT REPORTS
General Plan Update Progress Report #4
Presented By: Matthew Bassi
Code Enforcement Update for 2021-2022
Presented By: Raul Berroteran
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
2 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 action discussion or action.
1.1 Reading of Ordinances
RECOMMENDATION:
Approve the reading by title only of all Ordinances on this agenda.
1.2 Minutes- August 10, 2022, Regular Meeting
RECOMMENDATION:
Approve minutes as presented.
1.3 Minutes- August 24, 2022, Special Meeting
RECOMMENDATION:
Minutes as presented.
Social Work Action Group (SWAG) Update on Homelessness Activities
Presented By: Robert
Howell
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 COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
3 1.4
Warrant Register September 2022
Presented By: Robert
Howell
RECOMMENDATION:
Approve the following:
For Fiscal Year 2021/2022
1. Warrant Register dated 09-01-2022 in the amount of $75,587.80.
2. Warrant Register dated 09-08-2022 in the amount of $153.57.
3. Warrant Register dated 09-15-2022 in the amount of $24,539.56.
4. Warrant Register dated 09-22-2022 in the amount of $833,999.03.
5. Warrant Register dated 09-29-2022 in the amount of $15,698.80.
For Fiscal Year 2022/2023
1. Warrant Register dated 09-01-2022 in the amount of $150,743.72.
2. Warrant Register dated 09-08-2022 in the amount of $113,793.10.
3. Warrant Register dated 09-15-2022 in the amount of $249,203.23.
4. Warrant Register dated 09-22-2022 in the amount of $446,907.00.
5. Warrant Register dated 09-29-2022 in the amount of $308,353.72.
6. Wire Transfer Register dated 09-30-2022 in the amount of $55,769.74.
7. Payroll Register dated 10-01-2022 in the amount of $207,519.17.
1.5 August 2022 Treasurer's Report
Presented By: Robert
Howell
RECOMMENDATION:
Approve the Treasurer’s Report for August 2022.
1.6 Road Construction Updates - Public Works/Engineering Department
Presented By: Jason Farag
RECOMMENDATION:
Receive and file the Road Construction Updates from the Public Works/Engineering Department
1.7 KB Homes Verano - Precise Grading Agreement for Models and BMP Agreements
Presented By: Emily Stadnik
RECOMMENDATION:
Authorize the City Manager to execute the Precise Grading Agreement for Models and BMP Agreements with KB Home Coastal Inc.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
4 1.8
Lennar Horizons - Precise Grading Agreement for Models, Precise Grading Agreement for Production and BMP Agreements
Presented By: Emily Stadnik
RECOMMENDATION:
Authorize the City Manager to execute the Precise Grading Agreements for Models, Precise Grading Agreements for Production, and BMP Agreements with Lennar Homes of California, LLC
1.9 Popeyes Restaurant - Precise Grading Agreement and BMP Agreements
Presented By: Emily Stadnik
RECOMMENDATION:
Authorize the City Manager to execute the Precise Grading Agreement and BMP Agreements with DMSD Cajun Properties, LLC.
1.10 Wildomar Shooting Range - Precise Grading Agreement and BMP Agreements
Presented By: Emily Stadnik
RECOMMENDATION:
Authorize the City Manager to execute the Precise Grading Agreement and BMP Agreements with KCG Blue, LLC.
1.11 Sixth Amendment to the Professional Services Agreement with Parsons Transportation Group for Bundy Canyon Road Project
Presented By: Jason Farag
RECOMMENDATION:
Authorize City Manager to execute the Sixth Amendment with the Parsons Transportation Group for Engineering Services for Segment 2 of the Bundy Canyon Road Project in the amount of $64,700.
1.12 Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force
Presented By: Jason Farag
RECOMMENDATION:
Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake Total Maximum Daily Load (TMDL) Task Force (Amendment), as of June 30, 2022.
2. PUBLIC HEARINGS
No items scheduled.
3. GENERAL BUSINESS
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
5 3.1
FY 2022-23 1st Quarter Budget Report
Presented By: Adam Jantz
RECOMMENDATION:
Review and accept the Fiscal Year 2022-23 1st Quarter Report.
3.2 Setting the Public Hearing for 2022 California Building Codes
Presented By: Scott Burns
RECOMMENDATION:
1. Introduce and approve the first reading of an Ordinance entitled:
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 15.08, 15.12, 15.16, 15.18, 15.20, 15.22,
15.24, 15.28, 15.32, 15.38, AND 15.52 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2022 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 2 THROUGH 12, INCLUSIVE), WITH SPECIFIED APPENDICES, AND INCLUDING ALL AMENDMENTS THERETO; AND DELETING CHAPTER 15.48
2. Introduce and approve the first reading of an Ordinance entitled:
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTERS 8.28 OF THE WILDOMAR MUNICIPAL CODE TO ADOPT THE 2022 CALIFORNIA FIRE CODE EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24, PARTS 2 THROUGH 12, INCLUSIVE)
3. Set the public hearing for November 9, 2022, to hear testimony in these matters.
3.3 Consider a Professional Services Agreement for Website Design and Website Hosting with CivicPlus LLC.
Presented By: Kimberly Davidson
RECOMMENDATION:
1. Receive and File the report; and,
2. Direct staff to bring back a Professional Services Agreement between the City of Wildomar and CivicPlus LLC for Website Design and Website Hosting.
3.4 Investment Advisor Selection-PFM Asset Management LLC ("PFMAM")
Presented By: Robert
Howell
RECOMMENDATION:
Approve the selection of PFM Asset Management LLC ("PFMAM") for the City's Investment Advisor and the City Manager to execute the agreement
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
6 3.5
Establish Speed Zones on Gruwell Street and Palomar St.
Presented By: Jason Farag
RECOMMENDATION:
Introduce and waive further reading of an Ordinance titled:
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 10.16 OF TITLE 10 TO THE WILDOMAR
MUNICIPAL CODE ESTABLISHING SPEED LIMITS ON CERTAIN STREETS
CITY MANAGER REPORT
1. Mt. San Jacinto College Update
FUTURE AGENDA ITEMS
Future Agenda Items
RECOMMENDATION:
Title- Councilmember-Anticipated Date
1. Update from MSJC College regarding 2014 Bond Funding – Morabito - Oct 2022
2. City Wide Street Sweeping – Moore – Oct 2022
3. Street Signage – Benoit - TBD
4. Sidewalk Vending Process – Moore – Nov 2022
5. Clinton Keith Road on/off Ramp Maintenance - Moore - Jan 2023
6. Firework Ordinance - Benoit - Nov 2022
7. Specifications for Little Free Library and other community donated items - Morabito - Feb 2023
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 COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
7 4.
CEMETERY 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-September 14, 2022, Regular Meeting
RECOMMENDATION:
Approve minutes as presented.
4.2 Warrant Register Cemetery September 2022
Presented By: Robert
Howell
RECOMMENDATION:
Approve the following:
For Fiscal Year 2022/2023
1. Warrant Register dated 09-01-2022 in the amount of $218.11.
2. Warrant Register dated 09-15-2022 in the amount of $4,899.92.
3. Warrant Register dated 09-29-2022 in the amount of $606.56.
4.3 August 2022 Cemetery District Treasurer's Report
Presented By: Robert
Howell
RECOMMENDATION:
Approve the Cemetery District Treasurer’s Report for August 2022.
5. CEMETERY PUBLIC HEARINGS
No items scheduled.
6. CEMETERY GENERAL BUSINESS
No items scheduled.
GENERAL MANAGER REPORT
FUTURE AGENDA ITEMS
ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
8 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.
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: October 6, 2022
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
9 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: October 12, 2022
SUBJECT:
General Plan Update Progress Report #4
SUBMITTED BY:
Matthew Bassi
PREPARED BY:
Matthew Bassi, Planning Director
BACKGROUND:
Staff provided the City Council with the General Plan Update Briefing #3 at its last meeting on September 14, 2022. That briefing primarily covered the month of August 2022. The following is a summary of the recent task assignments completed during the month of September 2022 and the tasks/assignments coming forth over the next 30+ days. For more details, please peruse the General Plan Update project website: https://envisionwildomar2040.com.
DISCUSSION:
Staff and the Consultant Team were busy during the month of September. The following tasks/assignments were accomplished and/or completed.
Tasks/Assignments Accomplished (previous 30 +/- days):
Hosted our 3rd Pop-Up at the Mariachi Night event and collected comments on the draft Guiding Principles from 50 members of the public
Held our General Plan Advisory Group Meeting #2 (Sept. 15th) – Discussed Visioning, Guiding Principles, and Land Use (part 2 of this meeting set for Oct. 10).
Developed initial recommendations for revisions to the Land Use Plan and Designations.
Drafted recommendations for Guiding Principles based on feedback received from public outreach conducted to date.
Upcoming Tasks/Assignments (Next 30+ days):
Finalization of the Stakeholder Interviews in October 2022.
10 General Plan Advisory Group meeting #2 - Part 2 (October 10, 2022).
Revising recommendations for revisions to the Land Use Plan and Designations in response to comments, and developing land use concepts for proposed Focus Areas.
Community Workshop #2 (Land Use) coming on November 10, 2022 @ Corporate Room.
General Plan Advisory Group meeting #3 (Tentatively Dec. 2022 or Jan. 2023).
Planning Commission Study Session/Briefing (tentatively scheduled for Feb./March 2023).
Website Update:
1,261 Unique visitors since the website launched on June 14, 2022.
163 total unique visitors in the month of September 2022.
Average of 5 website visits per day.
11 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: October 12, 2022
SUBJECT:
Code Enforcement Update for 2021-2022
SUBMITTED BY:
Raul Berroteran
PREPARED BY:
Raul Berroteran,
SUMMARY:
Provide a yearly update on code enforcement statics and accomplishments.
ATTACHMENTS:
Code Enforcement Update For 2022.pdf
Code Enforcement Update for 2022 Revised 10-12-22
12 Code Enforcement
Update For 2022
13 Recap on programs and equipment.
• Comcate program
• Updated website
• Adopted the International Property Maintenance Code (I.P .M.C) • Data Ticket (Handheld citation machine)
• PPE for Officers
• Radio Communication with the Riverside County Sheriff Dept. (Radios are being programmed)
• Overseeing Emergency Preparedness Program
14 Code Enforcement Stats
Sept.-Dec 2021 and Jan.- Oct.2022
160
30 190 cases
160 Closed 30 Open
170
416
586 case
170 Open 416 Closed
15 Code Enforcement Stats
January to Present 2022
84 312
Cases Created 396
PROACTIVE
REACTIVE
16 Code Enforcement Stats
January to Present 2022
161
135
204
168
163
244
167
235
124
INSPECTIONS PERFORMED
Jan. 2022
Feb. 2022
mar. 2022
Apr. 2022
May. 2022
Jun. 2022
Jul. 2022
Aug. 2022
Sep. 2022
17 Illegal dumping at Cottonwood Canyon
18 Wildlife habitat at Clinton Keith Rd.
19 Elizabeth Ave. Property
20 Orange Street Property
21 Removing Graffiti ASAP
22 Olive Street property
23 Bundy Canyon Dr. / Edwards Road
24 Future Implementations
• Obtaining data for a possible future parking enforcement program • Provide E.O.C. training for staff
• Senior relief program
25 Update on Emergency preparedness
26 Code Enforcement
Update For 2022
27 Recap on programs and equipment.
• Comcate program
• Updated website
• Adopted the International Property Maintenance Code (I.P .M.C) • Data Ticket (Handheld citation machine)
• PPE for Officers
• Radio Communication with the Sheriff Dept. (Radios are being programmed)
• Over seeing Emergency Preparedness Program
28 Code Enforcement Stats
Sept.-Dec 2021 and Jan.- Oct.2022
160
30 190 cases
160 Closed 30 Open
154
457
611 case
154 Open 457 Closed
29 Code Enforcement Stats
January to Present 2022
85 336
Cases Created 421
PROACTIVE
REACTIVE
30 Code Enforcement Stats
January to Present 2022
161
135
204
168
163244
167
235
124
94 INSPECTIONS PERFORMED
Jan. 161
Feb. 135
mar. 204
Apr. 168
May. 163
Jun. 244
Jul. 167
Aug. 235
Sep. 159
Oct. 94
31 Illegal dumping at Cottonwood Canyon
32 Wildlife habitat preserve at Clinton Keith Road
33 Elizabeth St. Property
34 Orange Street Property
35 Removing Graffiti ASAP
36 Olive Street property
37 Bundy Canyon Dr . / Edwards Road
38 Future Implementations
• Obtaining data for a possible future parking enforcement program • Provide E.O.C. training for staff
• Senior relief program
39 Update on Emergency Preparedness
40 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: October 12, 2022
SUBJECT:
Social Work Action Group (SWAG) Update on Homelessness
Activities
SUBMITTED BY:
Robert
Howell
PREPARED BY:
Robert
Howell, Administrative Service Director
SUMMARY:
Presentation by SWAG on the Homelessness Activities that have taken place in Wildomar over the past 15 months.
DISCUSSION:
Link to Video -
https://youtu.be/a3-_qc-8GXI
ATTACHMENTS:
Wildomar Anchor-3.pdf (3).pdf
41 HOMELESS
OUTREACH
OUR TEAM SEARCHES OUT AND FINDS THOSE MOST
VULNERABLE IN OUR COMMUNITIES THAT ARE
LIVING ON THE STREETS; IN LAKE AND RIVER-
BOTTOMS, TRASH ENCLOSURES, VEHICLES ETC. WE
WORK TO REBUILD THE INDIVIDUAL’S SELF-WORTH
AND DESIRE TO OBTAIN A BASIC RIGHT WE ALL
DESERVE- A SAFE PLACE TO LIVE.
42 JASMINE P.
MATTHEW M.
9 YEARS OF HOMELESSNESS
PERMANENT HOUSNG
3 YEARS OF HOMELESSNESS
SUBSTANCE ABUSE TREATMENT
12 YEARS OF HOMELESSNESS
EMERGENCY HOUSING/ PERMANENT HOUSING
RETURNED TO STREETS
GLEN P.
WILDOMAR SUCCESSES
SOCIAL WORK ACTION GROUP
ALBERT G.
6 YEARS OF HOMELESSNESS
TRANSITIONAL HOUSING
43 RODNEY W.
DONALD A.
6 YEARS OF HOMELESSNESS
SUBSTANCE ABUSE TREATMENT
WILDOMAR SUCCESSES
SOCIAL WORK ACTION GROUP
MARTHA R.
1 YEAR OF HOMELESSNESS
SUBSTANCE ABUSE TREATMENT
11 YEARS OF HOMELESSNESS
TRANSITIONAL HOUSING
LISA S.
6 YEARS OF HOMELESSNESS
PERMANENT HOUSING
DECEASED, PASSED AWAY IN A HOME, 2022
44 CRISIS STABILIZATION
UNITS
SUBSTANCE
ABUSE TREATMENT
PERMANENT HOUSING
PLACEMENTS
CITY OF WILDOMAR
7/1/2021-9/30/2022
45 18 9
ANCHOR
ADMISSIONS
6 TOTAL NUMBER OF
CLIENTS SERVED
35 TOTAL STREET EXIT
19 554
CALLS ON BEHALF
OF CLIENT
997
NUMBER OF
ENGAGEMENTS 45
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.1
Meeting Date: October 12, 2022
SUBJECT:
Reading of Ordinances
SUBMITTED BY:
Janet Morales
PREPARED BY:
Janet Morales, City Clerk
ACTION:
Approve the reading by title only of all Ordinances on this agenda. 46 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: October 12, 2022
SUBJECT:
Minutes- August 10, 2022, Regular Meeting
SUBMITTED BY:
Jandi Aguilar
PREPARED BY:
Jandi Aguilar, Administrative Analyst
ACTION:
Approve minutes as presented.
ATTACHMENTS:
A. Minutes
47 City Council/Cemetery District – CC - Regular Meeting – Minutes – August 10, 2022 1 MINUTES
CITY OF WILDOMAR
CITY COUNCIL - REGULAR MEETING
WEDNESDAY, AUGUST 10, 2022
COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
CLOSED SESSION: 5:00 PM | REGULAR SESSION 6:00PM
Members in attendance: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg
CALL TO ORDER – CLOSED SESSION - 5:00 P.M.
The closed session meeting was called to order by Mayor Benoit at 5:00 p.m.
ROLL CALL
Councilmember Dustin arrived at 5:02 p.m.
PUBLIC COMMENTS ON CLOSED SESSION
None
CLOSED SESSION
1. 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.
2. 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 regarding the following matter of pending and potential initiation of litigation: Southern California Edison v.
California State Board of Equalization, et al; Orange County Superior Court Case Number:
30-2022-01258109-CU-MC-CJC
RECONVENE INTO OPEN SESSION
The City Council reconvened into an open session with all members present at 6:00 p.m.
ANNOUNCEMENTS
No reportable actions.
ADJOURN CLOSED SESSION
There being no further business, Mayor Benoit adjourned the Closed Session at 6:01 p.m.
CALL TO ORDER – REGULAR SESSION - 6:00 P.M
The regular session meeting was called to order by Mayor Benoit at 6:01 p.m. 48 City Council/Cemetery District – CC - Regular Meeting – Minutes – August 10, 2022 2 ROLL CALL
All members were present.
Staff in Attendance: City Manager York, City Attorney Jex, City Clerk Morales, Administrative Analyst Aguilar, Planning Director Bassi, Administrative Services Director Howell, Project Consultant Riley, Economic Development Director Davidson, Senior Engineer Farag, Development Manager Stadnik, Community Services Director Torres.
FLAG SALUTE
The flag salute was led by Councilmember Nigg.
PRESENTATIONS
1. Recognition: Bright Business Wildomar's Community Enhancement Project
DEPARTMENT REPORTS
General Plan Update - Progress Report
Planning Director Bassi presented the department report.
Police Department Update
Lt. Mack presented the department report.
Fire Department Update
Captain Eric Sauerwein presented the department report.
Wildomar Library Department Update
Library Manager Sandra Brautigam presented the department report.
PUBLIC COMMENTS
The following individuals provided public comments:
1. Kay Morris
2. Gina Castellon
3. Andrew Morris
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 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
49 City Council/Cemetery District – CC - Regular Meeting – Minutes – August 10, 2022 3 APPROVAL OF THE AGENDA AS PRESENTED
There were no changes to the agenda as presented.
1. CONSENT CALENDAR
Moved by Dustin Nigg; seconded by Bridgette Moore to Approve all items on the consent calendar.
Motion Passed: 5 – 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg
Voting Against: None
Abstain: None
Absent: None
1.1 Reading of Ordinances
Approved the reading by title only of all ordinances on this agenda.
1.2 Minutes-June 8, 2022 Regular Meeting
Approved the minutes as presented.
1.3 Warrant Register July 2022
Approved the warrant, wire transfer, and payroll registers for:
For the fiscal year 2021/2022
1. Warrant Register dated 07-07-2022 in the amount of $67,014.70.
2. Warrant Register dated 07-14-2022 in the amount of $1,020,729.23.
3. Warrant Register dated 07-21-2022 in the amount of $325,571.39.
4. Warrant Register dated 07-28-2022 in the amount of $342,082.52.
For the Fiscal year 2022/2023
1. Warrant Register dated 07-01-2022 in the amount of $243,536.94.
2. Warrant Register dated 07-07-2022 in the amount of $10,755.98.
3. Warrant Register dated 07-14-2022 in the amount of $30,005.34.
4. Warrant Register dated 07-21-2022 in the amount of $38,170.48.
5. Warrant Register dated 07-28-2022 in the amount of $4,508.87.
6. Wire Transfer Register dated 07-31-2022 in the amount of $100,446.27.
7. Payroll Register dated 08-01-2022 in the amount of $272,039.99.
1.4 June 2022 Treasurers Report
Approved the Treasurer’s Report for June 2022.
1.5 Road Construction Updates - Public Works/Engineering Department Received and filed the Road Construction Updates from the Public Works/Engineering Department.
1.6 First Amendment to Agreement with MPS Security for Facilities Security and Patrol Services
Authorized the City Manager to execute the first amendment with MPS Security to provide Facilities Security and Patrol Services for the City of Wildomar. 50 City Council/Cemetery District – CC - Regular Meeting – Minutes – August 10, 2022 4 1.7 First Amendment to Agreement with Commercial Building Management Inc. for Facilities Janitorial Services for the City of Wildomar Parks.
Approved and Authorized the City Manager to execute an Agreement for Service Contract with Commercial Building Management Inc. (CBM Inc.) to provide Facilities Janitorial Services to the City of Wildomar Parks.
1.8 Chavez Office Building Conversion, Grading Agreement, and Stormwater Management/BMP Agreement
Authorized the City Manager to execute the Public Grading Agreement and the BMP Agreement with Ernesto Chavez (Landowner) for the Chavez Office Building Conversion project.
1.9 Tract Map No. 37476 KB Homes Summerhill II Project - Final Map Approval
1. Adopted a Resolution entitled:
RESOLUTION NO. 2022 - 49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, APPROVING THE FINAL MAP FOR TENTATIVE TRACT MAP 37476 KB HOMES SUMMERHILL II PROJECT
2. Authorized the City Engineer to accept the dedications related to Tract Map No. 37476 and directed the City Clerk to transmit to the County Recorder of the County.
1.10 Parcel Map No. 37523 Baxter Village Residential Project - Final Map Approval Council Member Morabito abstained due to a conflict of interest because he lives within proximity of the development area.
1. Adopted a Resolution entitled:
RESOLUTION NO. 2022 - 50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, APPROVING THE FINAL MAP FOR TENTATIVE PARCEL MAP 37523 BAXTER VILLAGE RESIDENTIAL PROJECT AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT
AGREEMENT AND LIEN AGREEMENT
2. Authorized the City Engineer to accept the dedications related to Parcel Map No. 37523 and directed the City Clerk to transmit to the County Recorder of the County.
1.11 Measure AA Oversight Advisory Committee Appointments Reviewed the applications for Committee Membership and appointws Shawn Peukert and Patricia Richardson to the Measure AA Oversight Advisory Committee for a term ending June 2024.
2. PUBLIC HEARINGS
2.1 Zoning Ordinance No. 2022-05 (TUP Code Amendment)
David Horenstein provided public comment in support.
51 City Council/Cemetery District – CC - Regular Meeting – Minutes – August 10, 2022 5 Moved by Bridgette Moore; seconded by Dustin Nigg to Introduce the first reading of an Ordinance entitled
ORDINANCE NO. 222
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, ADOPTING A GENERAL RULE EXEMPTION PER SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND APPROVING ZONING ORDINANCE AMENDMENT NO. 2022- 05 TO AMEND CHAPTER 17.256 AND SECTION 17.172.220 OF THE WILDOMAR
MUNICIPAL CODE PERTAINING TO TEMPORARY USE AND TEMPORARY EVENT PERMITS.
Motion Passed: 5- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg
Voting Against: None
Abstain: None
Absent: None
2.2 Zoning Ordinance No. 2022-06 (SB 9 Code Amendment)
Moved by Dustin Nigg; seconded by Bridgette Moore to Introduce the first reading of an Ordinance entitled
ORDINANCE NO. 223
AN ORDINANCE OF THE CITY COUNCIL OF THE OF WILDOMAR, CALIFORNIA
AMENDING THE WILDOMAR MUNICIPAL CODE TO ADD A NEW CHAPTER
16.72 TO TITLE 16 (SUBDIVISIONS), A NEW SECTION 17.204.110 TO CHAPTER
17.204 (ACCESSORY DWELLING UNITS), AND A NEW CHAPTER 17.320 TO TITLE 17 (ZONING) FOR THE IMPLEMENTATION OF GOVERNMENT CODE SECTIONS 66411.7 AND 65852.21 (SB 9) RELATED TO URBAN LOT SPLITS AND TWO (2)-UNIT DEVELOPMENTS.
Motion Passed: 5- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg
Voting Against: None
Abstain: None
Absent: None
52 City Council/Cemetery District – CC - Regular Meeting – Minutes – August 10, 2022 6 2.3 5-Year Capital Improvement Program Adoption (FY 22/23 through FY 26/27)
Moved by Dustin Nigg; seconded by Bridgette Moore to adopt the Five- Year Capital Improvement Program Booklet for Fiscal Years 2022/23 through 2026/27.
Motion Passed: 5- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore,
Dustin Nigg
Voting Against: None
Abstain: None
Absent: None
3. GENERAL BUSINESS
3.1 Santa Rosa Plateau Nature Education Foundation (SRPNEF) Special Event Memorandum of Understanding (MOU)
Councilmember Moore recused herself due to a potential conflict of interest since the executive director of the SRPNEF recently served as a Board Member for Councilmember Moore’s non-profit.
Gina Castellon provided public comment in opposition.
Moved by Ben J Benoit; seconded by Dustin Nigg to Authorize the City Manager to sign the MOU with SRPNEF.
Motion Passed: 5- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Dustin Nigg Voting Against: None
Abstain: Bridgette Moore
Absent: None
3.2 City Hall Site Selection Discussion
The consensus was to select site locations 2 or 3, with number 4 as a backup, and directed staff to bring back a future agenda item with costs and timelines.
The following individuals provided public comments:
1. Dianna Autumn
2. David Horenstein
3. Gina Castellon
53 City Council/Cemetery District – CC - Regular Meeting – Minutes – August 10, 2022 7 3.3 Business Registration Fee Holiday
Moved by Dustin Nigg; seconded by Bridgette Moore to approve the following:
1. Approve a Business Registration Holiday from September 1, 2022, to August 31, 2023, for both new business registrations and renewals.
2. Approve a budget amendment of $128,600 in the form of a Transfer Out from American Rescue Plan Act (ARPA) funds and $128,600 in the form of a Transfer into the General Fund to cover the loss of city business registration revenues and fees that are normally collected by HDL.
Motion: 5- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore,
Dustin Nigg
Voting Against: None
Abstain: None
Absent: None
3.4 League of California Cities Annual General Business Meeting Voting Delegate and Alternate(s)
Moved by Dustin Nigg; seconded by Ben J Benoit to authorize the City Manager to Ratify Council Member Nigg as the Voting Delegate, Mayor Benoit as one alternate and appointed Council Member Moore as a 2 nd alternate for the League of California Cities Annual General Business Meeting.
Motion Passed: 5- 0
Voting For: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore,
Dustin Nigg
Voting Against: None
Abstain: None
Absent: None
CITY MANAGER REPORT
City Manager York presented the report.
FUTURE AGENDA ITEMS
Added: Specifications for Little Free Library and other community-donated items - Morabito
54 City Council/Cemetery District – CC - Regular Meeting – Minutes – August 10, 2022 8 ADJOURN THE CITY COUNCIL MEETING
There being no further business Chair Benoit adjourned the meeting at 8:29 p.m.
Submitted by: Approved by:
______________________________ ______________________________ Janet Morales, CMC Ben J. Benoit
City Clerk Mayor
55 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.3
Meeting Date: October 12, 2022
SUBJECT:
Minutes- August 24, 2022, Special Meeting
SUBMITTED BY:
Jandi Aguilar
PREPARED BY:
Jandi Aguilar, Administrative Analyst
ACTION:
Minutes as presented.
ATTACHMENTS:
A. Minutes
56 City Council/Cemetery District – Special Meeting – Minutes – August 24, 2022 1 MINUTES
CITY OF WILDOMAR
CITY COUNCIL/CEMETERY DISTRICT CC - SPECIAL MEETING
WEDNESDAY, AUGUST 24, 2022
COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
SPECIAL SESSION 5:30 PM
CALL TO ORDER – SPECIAL MEETING
The Special Meeting was called to order by Mayor Benoit at 5:30 p.m.
ROLL CALL
Members in attendance: Ben J Benoit, Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg,
Staff in Attendance: City Manager York, City Attorney Jex, City Clerk Morales, Administrative Analyst Aguilar, Planning Director Bassi, 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
Councilmember DePhillippo led the flag salute.
APPROVAL OF THE AGENDA AS PRESENTED
No changes to the agenda.
1. CONSENT CALENDAR
No items scheduled.
2. PUBLIC HEARING
No items scheduled.
3. GENERAL BUSINESS
3.1 General Municipal Election - District 5
Councilmember DePhillippo recused herself due to a potential financial conflict of interest.
Gina Castanon, resident, provided public comment.
57 City Council/Cemetery District – Special Meeting – Minutes – August 24, 2022 2 Moved by Dustin Nigg; seconded by Bridgette Moore to Adopt a Resolution entitled:
RESOLUTION NO. 2022 - 51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 8, 2022 IN DISTRICT 5
Motion Passed: 4- 0
Voting For: Ben J Benoit, Joseph Morabito, Bridgette Moore, Dustin Nigg Voting Against: None
Abstain: Ashlee DePhillippo
Absent: None
ADJOURN THE CITY COUNCIL MEETING
There being no further business, the mayor adjourned the meeting at 5:38 p.m.
Submitted by: Approved by:
______________________________ ______________________________ Janet Morales, CMC Ben J. Benoit
City Clerk Mayor
58 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.4
Meeting Date: October 12, 2022
SUBJECT:
Warrant Register September 2022
SUBMITTED BY:
Robert
Howell
PREPARED BY:
Nicholas Neidiffer , Accounting Specialist
ACTION:
Approve the following:
For Fiscal Year 2021/2022
1. Warrant Register dated 09-01-2022 in the amount of $75,587.80.
2. Warrant Register dated 09-08-2022 in the amount of $153.57.
3. Warrant Register dated 09-15-2022 in the amount of $24,539.56.
4. Warrant Register dated 09-22-2022 in the amount of $833,999.03.
5. Warrant Register dated 09-29-2022 in the amount of $15,698.80.
For Fiscal Year 2022/2023
1. Warrant Register dated 09-01-2022 in the amount of $150,743.72.
2. Warrant Register dated 09-08-2022 in the amount of $113,793.10.
3. Warrant Register dated 09-15-2022 in the amount of $249,203.23.
4. Warrant Register dated 09-22-2022 in the amount of $446,907.00.
5. Warrant Register dated 09-29-2022 in the amount of $308,353.72.
6. Wire Transfer Register dated 09-30-2022 in the amount of $55,769.74.
7. Payroll Register dated 10-01-2022 in the amount of $207,519.17.
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 2022/23 Budgets.
59 ATTACHMENTS:
A. Warrant Reg Sept 2022 Voucher Listings.pdf
60 09/01/2022
Voucher List
City of Wildomar
1 12:59:38PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215506 9/1/2022 000080 BURKE, WILLIAMS AND SORENSON,, LLP 286974 JUNE 2022 LEGAL FEES 45,508.62 Total : 45,508.62
215507 9/1/2022 001622 COMMERCIAL BUILDING MANAGEMENT, SERVICES INC68886 0000362 WILDOMAR PARK CLEANING SVC FY21/22 AS PE
4,005.00
0000379 3,745.0001/01/22-06/30/22 COVID-19 REQUIRED
PRES
68887
320.39APRIL 2022 SUPPLIES JANITORIAL SVC68888
1,800.00APRIL 2022 CITY HALL DISINFECT -
COVID19
68889
80.004/9/22 EGGSTRAVAGANZA & TEEN EGG
HUNT
68890
Total : 9,950.39
215508 9/1/2022 000499 INLAND EMPIRE LANDSCAPE INC 28901 MAY 30, 2022 LANDSCAPE MAINTENANCE REPAI
462.02
138.45MAY 30, 2022 LANDSCAPE MAINTENANCE
REPAI
28902
3,845.38MAY 2022 LANDSCAPE MAINTENANCE38694
486.00MAY 21, 2022 LANDSCAPE MAINTENANCE
REPAI
38899
299.75MAY 6, 2022 LANDSCAPE MAINTENANCE
REPAIR
38904
5,218.70JUNE 2022 LANDSCAPE MAINTENANCE38920
3,845.38JUNE 2022 LANDSCAPE MAINTENANCE38921
512.61JUNE 2022 LANDSCAPE MAINTENANCE
CSA 193
38922
Total : 14,808.29
215509 9/1/2022 001337 MPS SECURITY 2018 0000357 WILDOMAR PARKS PATROL SVC - FY21/22 AS D
1,748.00
0000357 1,586.50WILDOMAR PARKS PATROL SVC - FY21/22
AS D
2052
0000357 1,786.00WILDOMAR PARKS PATROL SVC - FY21/22
AS D
2178
0000357 200.00WILDOMAR PARKS PATROL SVC - FY21/22
AS D
2195
Total : 5,320.50
Bank total : 75,587.80 4 Vouchers for bank code : wf
61 09/01/2022
Voucher List
City of Wildomar
2 12:59:38PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 75,587.80Total vouchers :Vouchers in this report 4
62 09/08/2022
Voucher List
City of Wildomar
1 2:38:04PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215528 9/8/2022 001720 STERICYCLE, INC 8001825597 CONTRACTUAL SHREDDING SERVICE 153.57 Total : 153.57
Bank total : 153.57 1 Vouchers for bank code : wf
153.57Total vouchers :Vouchers in this report 1
63 09/15/2022
Voucher List
City of Wildomar
1 3:35:59PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215549 9/15/2022 000029 APPLEONE 01-6351672 ADMIN W/E 06/25/22 708.48 Total : 708.48
215550 9/15/2022 000035 COUNTY OF RIVERSIDE, TLMA TL0000016426 MAY 2022 SLF COSTS FY21/22 968.39 824.48JUNE 2022 SLF COSTS FY21/22TL0000016484
Total : 1,792.87
215551 9/15/2022 000778 PARSONS TRANSPORTATION GRP INC 2209A732 03/26/22-06/30/22 PROF. SVCS AGREEMENT #
20,777.76
Total : 20,777.76
215552 9/15/2022 001262 PEST OPTIONS INC 402385 JUNE 2022 GOPHER CONTROL 500.00 Total : 500.00
215553 9/15/2022 000918 TKE ENGINEERING INC 2022-719A 06/01/22-07/31/22 CONTRACTUAL SVCS 37.50
73.0004/01/22-07/31/22 CONTRACTUAL SVCS2022-721A
36.5006/01/22-07/31/22 CONTRACTUAL SVCS2022-724A
36.5006/01/22-07/31/22 CONTRACTUAL SVCS2022-727A
Total : 183.50
215554 9/15/2022 000131 WESTERN RIVERSIDE COUNTY, RCA M1233 MSHCP MITIGATION FEES 576.95 Total : 576.95
Bank total : 24,539.56 6 Vouchers for bank code : wf
24,539.56Total vouchers :Vouchers in this report 6
64 09/22/2022
Voucher List
City of Wildomar
1 12:18:51PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215597 9/22/2022 000088 ACE HARDWARE 306637/3 WINDSONG PARK DEPT SUPPLIES 41.27 Total : 41.27
215598 9/22/2022 000068 COUNTY OF RIVERSIDE, FIRE DEPARTMENT234858 04/01/22-06/30/22 FIRE PROTECTION SERVIC
824,591.28
-5,149.1604/01/22-06/30/22 FIRE PROTECTION
SERVIC
234858CR
Total : 819,442.12
215599 9/22/2022 000058 DEPARTMENT OF JUSTICE 600771 MAY 2022 POLICE BLOOD ALCOHOL
ANALYSIS -
35.00 Total : 35.00
215600 9/22/2022 001831 YUNEX, LLC 5610280710 APRIL 2022 TRAFFIC SIGNAL
MAINTENANCE
1,494.50
1,494.50MAY 2022 TRAFFIC SIGNAL MAINTENANCE5610280930
1,494.50JUNE 2022 TRAFFIC SIGNAL MAINTENANCE5610281127
2,281.42APRIL 2022 TRAFFIC SIGNAL RESPONSE
CALL
5620039534
1,901.32MAY 2022 KEVIN & PRIELIPP STL POLE KD5620039983 2,155.56MAY 2022 TRAFFIC SIGNAL RESPONSE
CALL OU
5620040225
2,420.84JUNE 2022 WILDOMAR TRAIL & DOHENY -
STL
5620040340
1,238.00JUNE 2022 TRAFFIC SIGNAL RESPONSE
CALL O
5620040458
Total : 14,480.64
Bank total : 833,999.03 4 Vouchers for bank code : wf
833,999.03Total vouchers :Vouchers in this report 4
65 09/29/2022
Voucher List
City of Wildomar
1 5:23:21PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215662 9/29/2022 000918 TKE ENGINEERING INC 2021-1161 11/01/21-12/31/21 CONTRACTUAL SVCS 650.00 Total : 650.00
Bank total : 650.00 1 Vouchers for bank code : wf
650.00Total vouchers :Vouchers in this report 1
66 09/29/2022
Voucher List
City of Wildomar
1 3:22:57PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215629 9/29/2022 001721 BAGGIO, TINA 62722 UNIFORM (BOOT REIMBURSEMENT) 39.14 Total : 39.14
215630 9/29/2022 001835 MUNISERVICES OR, AVENUE HOLDINGS LLCINV06-014960 SALES & USE TAX REPORT SYST SUTA SVC FOR
9,755.99
8.34SALES & USE TAX REPORT SYST SUTA
DIST.SV
INV06-014961
Total : 9,764.33
215631 9/29/2022 001683 PARKER, JOHN 53122 REIMBURSE - BOOTS 50.83 Total : 50.83
215632 9/29/2022 000918 TKE ENGINEERING INC 2021-1039 09/01/21-10/31/21 CONTRACTUAL SVCS 686.50 2,904.0001/01/22-01/31/22 CONTRACTUAL SVCS2022-19
1,604.0005/01/22-05/31/22 CONTRACTUAL SVCS2022-492
Total : 5,194.50
Bank total : 15,048.80 4 Vouchers for bank code : wf
15,048.80Total vouchers :Vouchers in this report 4
67 09/01/2022
Voucher List
City of Wildomar
1 1:02:28PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215510 9/1/2022 000031 AFLAC, REMITTANCE PROCESSING, CENTER457356 AUGUST 2022 MEDICAL INSURANCE
BENEFIT
1,709.45
Total : 1,709.45
215511 9/1/2022 000135 AMAZON MARKETPLACE 82322 BALL FIELDS, FENCE SCREENS 978.64 Total : 978.64
215512 9/1/2022 000029 APPLEONE 01-6404727 ADMIN W/E 08/20/22 708.48 Total : 708.48
215513 9/1/2022 000760 ARMADA ADMINISTRATORS 186234 SEPT 2022 PREMIUM 3,749.00 Total : 3,749.00
215514 9/1/2022 001185 CORONA CLAY 13794 BALL FIELDS- FIELD MATERIALS 859.38 Total : 859.38
215515 9/1/2022 000022 EDISON 081722-7633 07/19/22-08/16/22 ELECTRIC - 32975 WILLO 78.48 5,472.5507/01/22-07/31/22 ELECTRIC80122-4293
19.1407/14/22-08/11/22 ELECTRIC - 35711 CAPIS81222-8408
86.6607/15/22-08/14/22 ELECTRIC - 34311 MISSI81522-3047
28.0907/15/22-08/14/22 ELECTRIC - 31818 CENTR81522-3243
25.6407/15/22-08/14/22 ELECTRIC - 34311 MISSI81522-3950
80.6007/15/22-08/14/22 ELECTRIC - 31818 CENTR81522-5361
71.4107/15/22-08/14/22 ELECTRIC - 24211 CLINT81522-7372
78.5107/15/22-08/15/22 ELECTRIC - 21458 GRAND81522-8688
12.1607/19/22-08/16/22 ELECTRIC - 31160 CLINT81722-3767
27.0307/19/22-08/16/22 ELECTRIC - 32975 WILLO81722-5249 11,108.5007/14/22-08/14/22 ELECTRIC81822-7151
110.9007/28/22-08/25/22 ELECTRIC 21347 COMO (L82622-6091 259.1607/28/22-08/25/22 ELECTRIC 21400
PALOMAR
82622-7258
1,277.3907/28/22-08/25/22 ELECTRIC MALAGA &
FS61
82622-9129
Total : 18,736.22
215516 9/1/2022 001747 FARAG, JASON 82922 08/13/22-08/26/22 REIMBURSE MILEAGE 31.69 Total : 31.69
215517 9/1/2022 000941 FRONTIER 82222 8/22/22-09/21/22 FIOS INTERNET CHARGES 175.98 68 09/01/2022
Voucher List
City of Wildomar
2 1:02:28PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 175.98 215517 9/1/2022 000941 000941 FRONTIER 215518 9/1/2022 000685 GREAT AMERICA FINANCIAL SERVIC 32258367 CANON COLOR COPIER SYST. #007-1765784
242.52
Total : 242.52
215519 9/1/2022 001153 INTELLI-TECH 15033 CRADLEPOINT ROUTER FOR WINDSONG PARK
1,117.95
Total : 1,117.95
215520 9/1/2022 001640 JAMES MCMINN INC 82322 BUNDY CYN RD WIDE CIP 026-1 PROG PAY #18
117,695.29
Total : 117,695.29
215521 9/1/2022 001732 ROSALES, ANNELLE 82622 08/13/22-08/26/22 MILEAGE
REIMBURSEMENT
9.19 Total : 9.19
215522 9/1/2022 001167 RRM DESIGN GROUP 1064-01-722 PROF SVCS - 27 ACRE PARK CIP 062-1 4,306.50 Total : 4,306.50
215523 9/1/2022 000790 SPARKLETTS 82022 CITY HALL DRINKING WATER THROUGH 8/15/22
243.99
Total : 243.99
215524 9/1/2022 000094 STAUFFERS LAWN EQUIPMENT 296271 BALL FIELDS, FIELDS MATERIAL 179.44 Total : 179.44
Bank total : 150,743.72 15 Vouchers for bank code : wf 150,743.72Total vouchers :Vouchers in this report 15
69 09/08/2022
Voucher List
City of Wildomar
1 2:39:29PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215529 9/8/2022 001692 AMAZON CAPITAL SERVICES 1LIF-QRWK-YPPQ DESK SUPPLIES & 2 OFFICE CHAIRS 362.29
80.13SOULION COMPUTER SPEAKERS,USB
POWERED
1TY4-KTRT-DFNT
978.64BALL FIELDS, FENCE SCREENS82322
Total : 1,421.06
215530 9/8/2022 000029 APPLEONE 01-6411126 ADMIN W/E 08/27/22 708.48 Total : 708.48
215531 9/8/2022 000034 BIO-TOX LABORATORIES 43209 RC SHERIFF - LAB SERVICES 151.60 1,000.41RC SHERIFF - LAB SERVICES43210
51.55RC SHERIFF - LAB SERVICES43262
Total : 1,203.56
215532 9/8/2022 001330 BMW MOTORCYCLES OF RIVERSIDE 6030926/1 BMW MOTORCYCLE MAINTENANCE -
SHERIFF
1,728.37
Total : 1,728.37
215533 9/8/2022 001580 CCMF 3095 07/01/22-06/30/23 GENERAL MEMBERSHIP - C
400.00
Total : 400.00
215534 9/8/2022 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT11864291 07/09/22-08/09/22 WATER ZONE 52 LOC 01 158.96
49.5207/09/22-08/09/22 WATER ZONE 29 LOC 0211864347
286.2307/09/22-08/09/22 WATER ZONE 71 LOC 0111864630
106.9807/09/22-08/09/22 WATER 32637 GRUWELL -11864829
8,260.7707/09/22-08/09/22 WATER MARNA OBRIEN11864910
83.5507/12/22-08/12/22 WATER ZONE 3 LOC 7 M111869582
189.2407/12/22-08/12/22 WATER HERITAGE PARK
(A
11869595
1,066.7607/13/22-08/13/22 WATER ZONE 3 LOC 25
M1
11872822
1,658.5507/13/22-08/13/22 WATER ZONE 3 LOC 25
M2
11872823
1,141.8307/13/22-08/13/22 WATER ZONE 3 LOC 24
M1
11874595
282.1507/13/22-08/13/22 WATER CFD 2013-1 ZONE11875759
Total : 13,284.54
70 09/08/2022
Voucher List
City of Wildomar
2 2:39:29PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215535 9/8/2022 001222 FOBRO CONSULTING LLC 142 0000422 CONSULTING SERVICES FOR HOMELESS
PROGRAM
6,380.00
Total : 6,380.00
215536 9/8/2022 001728 FORENSIC NURSES OF SOCAL, INC. 1961 POLICE DEPT- SEXUAL ASSALT EXAM-SART 082
1,200.00
800.00POLICE DEPT- DOMESTIC VIOLENCE
FORENSIC
1963
Total : 2,000.00
215537 9/8/2022 001783 HR DYNAMICS & PERFORMANCE 82522 0000421 HUMAN RESOURCES CONSULTING
SERVICE - CLA
7,968.75
Total : 7,968.75
215538 9/8/2022 000016 INNOVATIVE DOCUMENT SOLUTIONS 243340 08/01/22-08/31/22 CONTRACT COPIER SERVIC
1,138.21
Total : 1,138.21
215539 9/8/2022 001823 KJ'S HEATING & AIR 3919 A/C REPAIR AT FS61 265.00 Total : 265.00
215540 9/8/2022 000113 LEAGUE OF CALIFORNIA CITIES 2598 RIV.CNTY. DIV. MEETING 07/11/22 -COUNCIL
180.00
Total : 180.00
215541 9/8/2022 001046 MUNICIPAL CONSULTING SERVICES, LLC83122 08/01/22-08/31/22 PROJECT CONSULTANT 2,832.50 Total : 2,832.50
215542 9/8/2022 001210 MURRIETA/WILDOMAR CHAMBER, OF COMMERCE40891 MURRIETA STATE OF THE CITY 140.00 Total : 140.00
215543 9/8/2022 000185 PITNEY BOWES 1021407170 POSTAGE METER RENTAL 09/16/22-12/15/22 97.88 Total : 97.88
215544 9/8/2022 001107 PLACEWORKS 79230 JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
50.00 47.50JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
79231
1,843.75JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
79232
47.50JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
79233
71 09/08/2022
Voucher List
City of Wildomar
3 2:39:29PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215544 9/8/2022 (Continued)001107 PLACEWORKS
47.50JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
79236
63.00JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
79237
1,386.00JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
79238
126.00JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
79239
617.50JULY 2022 CONTRACTUAL SVCS -
PROJECT REL
79240
49,878.91JULY 2022 CONTRACTUAL SVCS - GP
UPDATE/E
79306
Total : 54,107.66
215545 9/8/2022 001806 SOUTHERN CALIFORNIA NEWS, GROUP 11549448-3 PUBLIC NOTICE - CFD 2022-1 1,890.72 Total : 1,890.72
215546 9/8/2022 001021 SPICER CONSULTING GROUP 1096 FY 22/23 ANNUAL ADMIN LLMD89-1-C/CSA 22/
2,791.67
5,000.00CFD 2022-1 FORMATION VERANO1106
10,000.00CFD 2022-3 FORMATION VERANO1107
Total : 17,791.67
215547 9/8/2022 001720 STERICYCLE, INC 8002020454 CONTRACTUAL SHREDDING SERVICE 154.70 Total : 154.70
215548 9/8/2022 001090 T-MOBILE USA INC 9505569271 CASE INVESTIGATION WI222110052 100.00 Total : 100.00
Bank total : 113,793.10 20 Vouchers for bank code : wf 113,793.10Total vouchers :Vouchers in this report 20
72 09/15/2022
Voucher List
City of Wildomar
1 3:55:22PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215562 9/15/2022 000029 APPLEONE 01-6419512 ADMIN W/E 09/03/22 708.48 Total : 708.48
215563 9/15/2022 001002 ARCHITERRA DESIGN GROUP 30002 07/25/22-08/24/22 SI COORDINATION 187.50 125.0007/25/22-08/24/22 PLAN CHECK - 3RD PC-PF30003
156.2507/25/22-08/24/22 PLAN CHECK-3RD PC
RESU
30004
1,218.7507/25/22-08/24/22 PLAN CHECK-2ND
PC-ROAD
30005
93.7507/25/22-08/24/22 PLAN CHECK- 2ND PC30006
156.2507/25/22-08/24/22 PLAN CHECK SVC - 2ND P30007
281.2507/20/22-08/24/22 PLAN CHECK - 1ST PC30008
687.5007/20/22-08/24/22 PLAN CHECK - 1ST PC30009
Total : 2,906.25
215564 9/15/2022 000785 CORELOGIC SOLUTIONS, LLC 82145448 AUGUST 2022 CODE ENFORCEMENT
SOFTWARE
187.50
Total : 187.50
215565 9/15/2022 001185 CORONA CLAY 13806 FACILITY MATERIAL MARNA' OBRIEN 1,484.69 Total : 1,484.69
215566 9/15/2022 000002 CRYSTAL CLEAN MAINTENANCE 903M JANITORIAL SERVICES - CITY HALL
SEPTEMBE
3,214.75
Total : 3,214.75
215567 9/15/2022 000977 DIAMOND ENVIRONMENTAL SERVICES 82422 MARIACHI NIGHT EVENT 9/17/22 -TEMPORARY
1,301.40
Total : 1,301.40
215568 9/15/2022 000022 EDISON 90122-0828 08/01/22-08/31/22 ELECTRIC WILDOMAR CITY
145.02
215.0108/01/22-08/31/22 ELECTRIC CFD 2013-00190122-0962
56.6108/01/22-08/31/22 ELECTRIC CFD 2013-00190122-1757
5,407.3608/01/22-08/31/22 ELECTRIC90122-4293
46.9208/01/22-08/31/22 ELECTRIC - 20505 PALOM90122-4487 115.0808/01/22-08/31/22 ELECTRIC - CFD 2013-0090122-4610
58.0808/01/22-08/31/22 ELECTRIC - CFD ZONE 290122-4845
425.9707/14/22-08/31/22 ELECTRIC90122-7481
73 09/15/2022
Voucher List
City of Wildomar
2 3:55:22PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215568 9/15/2022 (Continued)000022 EDISON
42.1408/01/22-08/31/22 ELECTRIC - CFD 2013-190122-7504
197.5608/01/22-08/31/22 ELECTRIC - CFD ZONE 390122-7694 116.1708/01/22-08/31/22 ELECTRIC - CFD ZONE 390122-8975 147.2008/01/22-08/31/22 ELECTRIC - CFD 2013-0090122-9127 Total : 6,973.12
215569 9/15/2022 001266 ENVIRONMENTAL SYSTEMS RESEARCH, INSTITUTE (ESRI)94299021 ARCGIS ONLINE
GIS/CREATOR/FIELD/VIEWER R
3,700.00
Total : 3,700.00
215570 9/15/2022 001747 FARAG, JASON 9922 08/27/22-09/09/22 REIMBURSEMENT
MILEAGE
31.88 Total : 31.88
215571 9/15/2022 000342 FENCE MASTERS 2202517 MISC REPAIRS AT REGENCY HERITAGE
FENCE R
945.00
Total : 945.00
215572 9/15/2022 001665 FUN SERVICES 231523 MARIACHI NIGHT 9/17/22-FACE PAINTER, BAL
2,100.00
Total : 2,100.00
215573 9/15/2022 001743 GOPHER SQUAD 2207-23 0000377 GOPHER CONTROL AT BASEBALL FIELDS 01/01/
260.00
0000377 260.00GOPHER CONTROL AT BASEBALL FIELDS
01/01/
2209-16
Total : 520.00
215574 9/15/2022 000685 GREAT AMERICA FINANCIAL SERVIC 32308028 CANON COLOR COPIER SYST. #014-1780554
214.24
Total : 214.24
215575 9/15/2022 000634 HEYDAY RECORDS AND EVENTS 81822 MARIACHI NIGHT 9/17/22 - STAGE, LIGHTS, 4,070.00 Total : 4,070.00
215576 9/15/2022 001666 INFINITY TECHNOLOGIES 792 0000415 GIS CONTRACTUAL SERVICES $2000/MONTH
2,200.00
0000414 8,379.66INFORMATION TECHNOLOGY SUPPORT
SERVICES
815
Total : 10,579.66
74 09/15/2022
Voucher List
City of Wildomar
3 3:55:22PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215577 9/15/2022 000304 JOE A. GONSALVES & SON 160042 0000423 JULY 2022 PROF. CONTRACTUAL
LEGISLATIVE
3,000.00
0000423 3,000.00FY 22/23 PROFESSIONAL CONTRACTUAL
LEGISL
160115
Total : 6,000.00
215578 9/15/2022 000647 JOLLY JUMPS 91722 MARIACHI NIGHT 9/17/22- INFLATABLE ATTRA
2,930.00
Total : 2,930.00
215579 9/15/2022 000836 KOA CORPORATION JB93120-23 PROF SVCS 08/29/22-09/25/22 WILDOMAR SSA
5,262.00
Total : 5,262.00
215580 9/15/2022 001398 LUNA, CAMERON 91222 08/27/22-09/09/22 MILEAGE
REIMBURSEMENT
30.00 Total : 30.00
215581 9/15/2022 001337 MPS SECURITY 2226 0000425 PARKS PATROL AMEND TO AGREEMENT TO EXTEN
1,995.00
0000425 1,928.50PARKS PATROL AMEND TO AGREEMENT TO
EXTEN
2261
0000425 1,947.50PARKS PATROL AMEND TO AGREEMENT TO
EXTEN
2299
0000425 1,738.50PARKS PATROL AMEND TO AGREEMENT TO
EXTEN
2329
Total : 7,609.50
215582 9/15/2022 001826 PARTY MEXICAN STYLE 8222 MARIACHI NIGHT 9/17/22- LIVE MARIACHI BA
850.00
Total : 850.00
215583 9/15/2022 001713 PBK GOLF SERVICES, LLC 4272 CHAMPIONSHIP SCRAMBLE - CITY ENTRY FEE
340.00
Total : 340.00
215584 9/15/2022 001262 PEST OPTIONS INC 405671 JULY 2022 GOPHER CONTROL 500.00 500.00AUGUST 2022 GOPHER CONTROL406634
Total : 1,000.00
215585 9/15/2022 000042 PV MAINTENANCE, INC. 005-258 CITYWIDE MAINT. CONTRACTUAL
SERVICES - A
79,803.65
75 09/15/2022
Voucher List
City of Wildomar
4 3:55:22PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 79,803.65 215585 9/15/2022 000042 000042 PV MAINTENANCE, INC. 215586 9/15/2022 001828 QUICK CRETE PRODUCTS CORP. 126046 2 STEEL FUNNEL LID WITH SECURITY CABLE
599.22
Total : 599.22
215587 9/15/2022 001732 ROSALES, ANNELLE 91222 08/27/22-09/09/22 MILEAGE
REIMBURSEMENT
6.00 Total : 6.00
215588 9/15/2022 001101 SIGNS BY TOMORROW 28992 5 BANNER 818.56 757.404 CORO- 4MM SP AND 1 BANNER29117
307.022 BANNER29134
574.44PARK RULES REGULATIONS SIGN29170
52.55PARK ADDRESS SIGNS29181
Total : 2,509.97
215589 9/15/2022 001021 SPICER CONSULTING GROUP 1121 FY 22/23 ANNUAL ADMIN LLMD89-1-C/CSA 22/
2,791.67
Total : 2,791.67
215590 9/15/2022 001243 THRILLOGY ENTERPRISES, LLC AR220917-570 TAPSNAP PHOTO BOOTH - MARIACHI NIGHT 9/1
1,000.00
Total : 1,000.00
215591 9/15/2022 000918 TKE ENGINEERING INC 2022-717 07/01/22-07/31/22 CONTRACTUAL
SERVICES
1,717.00
773.0007/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-718
567.0006/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-719B
325.0007/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-720
785.5004/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-721B
260.0007/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-722
2,353.5006/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-723
650.0006/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-724B
76 09/15/2022
Voucher List
City of Wildomar
5 3:55:22PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215591 9/15/2022 (Continued)000918 TKE ENGINEERING INC 195.0006/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-725
520.0007/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-726
1,336.5006/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-727B
325.0007/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-728
715.0002/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-729
455.0007/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-730
325.0007/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-731
65.0003/01/22-07/31/22 CONTRACTUAL
SERVICES
2022-732
Total : 11,367.50
215592 9/15/2022 000437 VERIZON WIRELESS 9914068961 08/23/22-09/22/22 DATA INTERNET CHARGE 858.83
76.0208/23/22-09/22/22 DATA INTERNET CHARGE9914068962
Total : 934.85
215593 9/15/2022 000564 WASTE MANAGEMENT 91422 FY 21/22 ACCRUAL DELQ. TRASH TAX ROLL LI
86,756.95
Total : 86,756.95
215594 9/15/2022 001827 WEBSTER, JAMES 90122 REFUND OF UNUSED DEPOSIT #18-0175 206.98 Total : 206.98
215595 9/15/2022 000006 WELLS FARGO PAYMENT REMITTANCE, CENTER80122 VIDEO HOSTING SOFTWARE 250.00 Total : 250.00
215596 9/15/2022 000006 WELLS FARGO PAYMENT REMITTANCE, CENTER72622 NEWSPAPER MEMBERSHIP 5.99
11.98NEWSPAPER MEMBERSHIP80322
Total : 17.97
Bank total : 249,203.23 35 Vouchers for bank code : wf 249,203.23Total vouchers :Vouchers in this report 35
77 09/15/2022
Voucher List
City of Wildomar
6 3:55:22PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 78 09/22/2022
Voucher List
City of Wildomar
1 12:19:23PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215601 9/22/2022 000031 AFLAC, REMITTANCE PROCESSING, CENTER827472 SEPT 2022 MEDICAL INSURANCE BENEFIT 1,709.45 Total : 1,709.45
215602 9/22/2022 001692 AMAZON CAPITAL SERVICES 1MYX-WF9G-N7NW CITY CLERK DEPARTMENT SUPPLIES 29.23 Total : 29.23
215603 9/22/2022 000029 APPLEONE 01-6423970 ADMIN W/E 9/10/22 708.48 Total : 708.48
215604 9/22/2022 001748 CALIFORNIA CONSULTING, INC. 5379 0000412 GRANT WRITING SERVICES FY22/23 4,850.00 Total : 4,850.00
215605 9/22/2022 001761 CHARTER COMMUNICATIONS 2318090822 CABLE THROUGH 10/07/22-FS61 5.34 Total : 5.34
215606 9/22/2022 001799 COUNTY OF RIVERSIDE PUBLIC, SAFETY ENTERPRISE COMMUNIPE0000000506 MONTHLY RADIO COMMUNICATIONS 155.34 Total : 155.34
215607 9/22/2022 000011 CR&R INC. 3003 08/01/22-08/31/22 STREET & BIKE LANE SWE
603.08
1,964.128/12/22, 8/17/22 & 8/31/22 40YD DUMP & E351329
248.3109/01/22 3YD BOX, 90G RECYCLE -
BASEBALL
351352
287.5809/01/22 3YD BOX, 90G RECYCLE 60 GL
GRN
351409
Total : 3,103.09
215608 9/22/2022 000037 DATA TICKET, INC. 140868 JULY 2022 ONLINE/SSN CITATION
PROCESSING
377.93
817.46JULY 2022 DAILY CITE PROCESSING141615
Total : 1,195.39
215609 9/22/2022 000058 DEPARTMENT OF JUSTICE 606972 AUGUST 2022 POLICE BLOOD ALCOHOL
ANALYSI
140.00
Total : 140.00
215610 9/22/2022 001769 DEPHILLIPPO, ASHLEE 92022 REIMBURSEMENT OF CANDIDATE
STATEMENT DUE
500.00
Total : 500.00
79 09/22/2022
Voucher List
City of Wildomar
2 12:19:23PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215611 9/22/2022 000027 DIRECT TV 082317220X220913 9/12/22-10/11/22 CABLE SERVICES - CITY H 153.99 Total : 153.99
215612 9/22/2022 000022 EDISON 91322-3123 08/12/22-09/12/22 ELECTRIC 23873
CLINTON
303.29
367.8008/12/22-09/12/22 ELECTRIC 23873
CLINTON
91322-3487
311.9908/12/22-09/12/22 ELECTRIC 23873
CLINTON
91322-7255
20.9008/12/22-09/12/22 ELECTRIC 35711 CAPISTR91322-8408
85.2908/15/22-09/13/22 ELECTRIC 34311 MISSION91422-3047
29.0508/15/22-09/13/22 ELECTRIC 31818
CENTRAL
91422-3243
26.2908/15/22-09/13/22 ELECTRIC 34311 MISSION91422-3950
78.8008/15/22-09/13/22 ELECTRIC 31818
CENTRAL
91422-5361
70.2408/15/22-09/13/22 ELECTRIC 24211 CLINTON91422-7372
77.1308/15/22-09/13/22 ELECTRIC 21458 GRAND
A
91422-8688
12.1608/17/22-09/15/22 ELECTRIC 31160 CLINTON91622-3767
27.5608/17/22-09/15/22 ELECTRIC 32975 WILLOW91622-5249
81.3108/17/22-09/15/22 ELECTRIC 32975 WILLOW91622-7633
Total : 1,491.81
215613 9/22/2022 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT11879492 07/19/22-08/19/22 WATER ZONE 3 LOC 23 M1
264.81
62.8407/19/22-08/19/22 WATER ZONE 30 LOC 211879702
107.1207/19/22-08/19/22 WATER ZONE 3 LOC 49
M1
11879742
197.8207/19/22-08/19/22 WATER ZONE 51 LOC 111879995
490.0107/19/22-08/19/22 WATER BASEBALL FIELD11880159
812.7007/19/22-08/19/22 WATER WINDSONG PARK11880199
811.5707/19/22-08/19/22 WATER ZONE 3 LOC 29
M1
11880706
250.3007/19/22-08/19/22 WATER ZONE 3 LOC 29
M2
11880784
258.4107/19/22-08/19/22 WATER ZONE 30 LOC 111880786
294.5807/19/22-08/19/22 WATER ZONE 3 LOC 42 &11880886
291.1007/19/22-08/19/22 WATER 22450 1/2
CERVER
11881283
219.4707/19/22-08/19/22 WATER 22450 CERVERA11881525
80 09/22/2022
Voucher List
City of Wildomar
3 12:19:23PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215613 9/22/2022 (Continued)000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT 221.5107/19/22-08/19/22 WATER ZONE 62 - 2293311882619
99.7207/19/22-08/19/22 WATER ZONE 67 -
ARNNET
11882706
645.6607/20/22-08/20/22 WATER ZONE 3 LOC 35
M1
11883347
Total : 5,027.62
215614 9/22/2022 000941 FRONTIER 90122A 09/01/22-09/30/22 OFFICE TELEPHONE CHARG
417.44
53.5309/01/22-09/30/22 OFFICE TELEPHONE
CHARG
90122B
Total : 470.97
215615 9/22/2022 000876 GATES SOUND 22-1210 COUNCIL CHAMBER IT UPGRADES 180.00 Total : 180.00
215616 9/22/2022 000685 GREAT AMERICA FINANCIAL SERVIC 32400162 CANON COLOR COPIER SYST. #015-1472515
437.28
281.81CANON COLOR COPIER SYST.
#016-1585799
32404450
Total : 719.09
215617 9/22/2022 000194 HDL COREN AND CONE SIN021420 2021-22 PROPERTY TAX AUDIT SERVICES 117.96 Total : 117.96
215618 9/22/2022 001530 LOGO JOE'S 34855 CITY COUNCIL SHIRTS 86.06 Total : 86.06
215619 9/22/2022 000186 RIGHTWAY 312479 09/15/22-10/12/22 -
PORTA/WASHSTN-WINDSO
723.50
Total : 723.50
215620 9/22/2022 000047 RIVERSIDE COUNTY, SHERIFF'S DEPARTMENTSH0000041708 CONTRACT LAW ENFORCEMENT THROUGH 07/27/2
419,472.74
Total : 419,472.74
215621 9/22/2022 000991 ROSE CITY LABEL 156706 WILDOMAR POLICE BADGE LABELS (4000) 246.00 Total : 246.00
215622 9/22/2022 001393 SOCALGAS 91322 08/10/22-09/09/22 GAS- FIRE DEPT 32637 G 53.54 81 09/22/2022
Voucher List
City of Wildomar
4 12:19:23PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 53.54 215622 9/22/2022 001393 001393 SOCALGAS 215623 9/22/2022 001624 STENO SOLUTIONS 43600 08/01/22-08/31/22 TRANSCRIPTION 19.98 Total : 19.98
215624 9/22/2022 000987 TEAMAN, RAMIREZ & SMITH INC, (TRS) 110633 CITY AUDIT SVC THROUGH 08/31/22 FY20-21
2,350.00
Total : 2,350.00
215625 9/22/2022 001505 THE ENDEAVOR PRODUCTION, GROUP 1032 AUGUST 2022 MAYOR'S MINUTE 500.00 Total : 500.00
215626 9/22/2022 001831 YUNEX, LLC 5610281515 JULY 2022 TRAFFIC SIGNAL MAINTENANCE 1,494.50 1,402.92JULY 2022 TRAFFIC SIGNAL RESPONSE
CALL O
5620040752
Total : 2,897.42
Bank total : 446,907.00 26 Vouchers for bank code : wf 446,907.00Total vouchers :Vouchers in this report 26
82 09/29/2022
Voucher List
City of Wildomar
1 5:23:54PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215663 9/29/2022 001258 SUNBELT RENTALS, INC. 127928168 EQUIPMENT RENTAL FOR CITY BIRTHDAY AT MA
327.28
Total : 327.28
Bank total : 327.28 1 Vouchers for bank code : wf
327.28Total vouchers :Vouchers in this report 1
83 09/29/2022
Voucher List
City of Wildomar
1 3:23:48PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215633 9/29/2022 000029 APPLEONE 01-6431334 ADMIN W/E 09/17/22 708.48 Total : 708.48
215634 9/29/2022 001622 COMMERCIAL BUILDING MANAGEMENT, SERVICES INC69104 0000428 WILDOMAR PARK CLEANING SVC FY22/23 AS PE
4,385.00
0000428 88.01WILDOMAR PARK CLEANING SVC FY22/23
AS PE
69105
0000428 4,205.00WILDOMAR PARK CLEANING SVC FY22/23
AS PE
69169
0000428 207.35WILDOMAR PARK CLEANING SVC FY22/23
AS PE
69170
Total : 8,885.36
215635 9/29/2022 001185 CORONA CLAY 13780 FACILITY MATERIAL - BASEBALL FIELD 750.63 Total : 750.63
215636 9/29/2022 001694 COSTAR REALTY INFORMATION INC 120123661 SEPT 2022 CONTRACTUAL SVCS 796.00 Total : 796.00
215637 9/29/2022 000035 COUNTY OF RIVERSIDE, TLMA TL0000016497 JULY 2022 SLF COSTS FY22-23 266.23 Total : 266.23
215638 9/29/2022 001338 DEANZA TERMITE & PEST CONTROL, INC613156A PEST CONTROL MARNA (09/21/22) 25.00 Total : 25.00
215639 9/29/2022 000022 EDISON 92022-2458 07/12/22-08/28/22 ELECTRIC 410.71 9,304.7808/12/22-09/18/22 ELECTRIC92022-7151
110.9008/26/22-09/26/22 ELECTRIC 21347 COMO (L92722-6091 259.1608/26/22-09/26/22 ELECTRIC 21400
PALOMAR
92722-7258
1,324.5408/22/22-09/26/22 ELECTRIC92722-9129
Total : 11,410.09
215640 9/29/2022 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT11876585 05/18/22-08/16/22 WATER ZONE 42 LOC 01 M
1,449.75
764.7505/18/22-08/16/22 WATER ZONE 42 LOC 03
M
11876836
1,193.9405/18/22-08/16/22 WATER ZONE 42 LOC 02
M
11876837
84 09/29/2022
Voucher List
City of Wildomar
2 3:23:48PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 3,408.44 215640 9/29/2022 000012 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT 215641 9/29/2022 001747 FARAG, JASON 92622 9/10/22-9/26/22 REIMBURSE MILEAGE 25.00 Total : 25.00
215642 9/29/2022 001325 GEOCON WEST, INC. 722080425 0000400 FAULT HAZARD PEER REVIEW FOR
PROPOSED GA
703.00
Total : 703.00
215643 9/29/2022 000685 GREAT AMERICA FINANCIAL SERVIC 32460630 CANON COLOR COPIER SYST. #007-1765784
247.70
Total : 247.70
215644 9/29/2022 000499 INLAND EMPIRE LANDSCAPE INC 39275 JULY 2022 LANDSCAPE MAINTENANCE - ZONE
5,218.70
3,845.38JULY 2022 LANDSCAPE MAINTENANCE39276
512.61JULY 2022 LANDSCAPE MAINTENANCE -
CSA 10
39277
6,028.00JULY 2022 LANDSCAPE MAINTENANCE39278
Total : 15,604.69
215645 9/29/2022 000072 INTERWEST CONSULTING GROUP 80926 JULY 2022 CONTRACTUAL SVC - CIP 51,614.25 84,146.38JULY 2022 CONTRACTUAL SVC80948
Total : 135,760.63
215646 9/29/2022 001652 MARK THOMAS & COMPANY INC. 44772 0000327 DESIGN PROFESSIONAL SERVICES AS PER SERV
14,738.64
Total : 14,738.64
215647 9/29/2022 000913 NATIONAL NOTARY ASSOCIATION 92622 ANNUAL MEMBERSHIP #160310833 69.00 Total : 69.00
215648 9/29/2022 001004 PECHANGA BAND OF LUISENO, MISSION INDIANS17741 CONTRACTUAL SVC AUG 2022 3,037.50 Total : 3,037.50
215649 9/29/2022 001262 PEST OPTIONS INC 408743 GOPHER CONTROL - WINDSONG & MARNA OBRIEN
500.00
Total : 500.00
215650 9/29/2022 001107 PLACEWORKS 79525 AUGUST 2022 CONTRACTUAL SVC - GP
UPDATE/
40,184.18
85 09/29/2022
Voucher List
City of Wildomar
3 3:23:48PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 215650 9/29/2022 (Continued)001107 PLACEWORKS
1,098.50AUGUST 2022 CONTRACTUAL SVC -
PROJECT RE
79550
376.00AUGUST 2022 CONTRACTUAL SVC -
PROJECT RE
79551
4,052.81AUGUST 2022 CONTRACTUAL SVC -
PROJECT RE
79552
1,694.00AUGUST 2022 CONTRACTUAL SVC -
PROJECT RE
79553
950.00AUGUST 2022 CONTRACTUAL SVC -
PROJECT RE
79554
136.10AUGUST 2022 CONTRACTUAL SVC -
PROJECT RE
79555
747.50AUGUST 2022 CONTRACTUAL SVC - ZONE
CONSI
79571
Total : 49,239.09
215651 9/29/2022 000186 RIGHTWAY 305650 REPAIR LABOR & EXCHANGE 163.93 310.00FS61 SEPTIC312773
Total : 473.93
215652 9/29/2022 000606 RING CENTRAL CD_000462649 NEW DIGITAL LINE & MOBILE USER 81.72 Total : 81.72
215653 9/29/2022 001101 SIGNS BY TOMORROW 29351 1 COROPLAST & 2 BANNER FOR MARIACHI NGHT
368.76
Total : 368.76
215654 9/29/2022 000790 SPARKLETTS 91722 CITY HALL DRINKING WATER THROUGH 9/15/20
291.12
Total : 291.12
215655 9/29/2022 001258 SUNBELT RENTALS, INC. 128146814 EQUIPMENT RENTAL FOR REGENCY
HERITAGE
1,377.78
Total : 1,377.78
215656 9/29/2022 000006 WELLS FARGO PAYMENT REMITTANCE, CENTER90122 VIDEO HOSTING SOFTWARE 250.00 Total : 250.00
215657 9/29/2022 000131 WESTERN RIVERSIDE COUNTY, RCA 92722 AUGUST 2022 MSHCP MITIGATION FEES, ADUS
59,007.65
86 09/29/2022
Voucher List
City of Wildomar
4 3:23:48PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 59,007.65 215657 9/29/2022 000131 000131 WESTERN RIVERSIDE COUNTY, RCA Bank total : 308,026.44 25 Vouchers for bank code : wf 308,026.44Total vouchers :Vouchers in this report 25
87 ACH Date Payee Description Amount
9/7/2022 Wright Express Fuel Purchases 1,103.53$
9/19/2022 US Bank
Business Meals, Conference Expenses,
Organizational Memberships, Special
Event Supplies, Repairs & Maintenance,
and Office Supplies
11,516.90
9/20/2022 CFT NV Developments, LLC Monthly City Hall Lease Payment 38,393.68 9/20/2022 Enterprise Fleet Management Monthly City Vehicle Lease Payment 3,949.35 9/27/2022 Wright Express Fuel Purchases 44.52
9/28/2022 Wright Express Fuel Purchases 85.00
9/29/2022 Viasat Inc Satellite Internet Service - Cemetery District & Parks 676.76
TOTAL 55,769.74$
City of Wildomar
Wire Transfer Register
9/30/2022
88 ACH Date Payee Description Amount
9/15/2022 Heartland Payroll 08/27/2022-09/09/2022 103,444.48 $ 9/29/2022 Heartland Payroll 09/10/2022-09/23/2022 102,318.24 $ 9/30/2022 Heartland Payroll 09/01/2022-09/30/2022 1,756.45 $ TOTAL 207,519.17$
City of Wildomar
Payroll Warrant Register
10/1/2022
89 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.5
Meeting Date: October 12, 2022
SUBJECT:
August 2022 Treasurer's Report
SUBMITTED BY:
Robert
Howell
PREPARED BY:
Adam Jantz, Senior Administrative Analyst
ACTION:
Approve the Treasurer’s Report for August 2022.
SUMMARY:
August 2022 Treasurer's Report
BACKGROUND:
Attached is the Treasurer’s Report for Cash and Investments for the month of August 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:
August 2022 Treasurer's Report
90 BEGINNING + (-) ENDING
FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO # 20,396,325.12 $ 2,484,924.13 (3,975,476.62) $ 18,905,772.63 0.000% TOTAL $ 20,396,325.12 $ 2,484,924.13 $ (3,975,476.62) $ 18,905,772.63
PERCENT
OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE All $ 9,696,911.07 $ 9,696,911.07 $ 9,696,911.07 100.00% 0 1.276% All $ 5,625,571.43 $ 5,625,571.43 $ 5,625,571.43 100.00% 0 2.300% TOTAL $ 15,322,482.50 $ 15,322,482.50 $ 15,322,482.50 100.00% CITY $ 34,228,255.13
(-)
+ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING STATED
FUND BALANCE PURCHASES MATURITIES BALANCE RATE
All $ 9,696,911.07 $ 0.00 $ 0.00 $ 9,696,911.07 1.276% All $ 5,614,616.92 $ 10,954.51 $ 0.00 $ 5,625,571.43 2.300% TOTAL $ 15,311,527.99 $ 10,954.51 $ 0.00 $ 15,322,482.50
Robert Howell
Robert Howell
City Treasurer
Date
9/8/2022
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
CITY OF WILDOMAR
TREASURER'S REPORT FOR
CASH AND INVESTMENT PORTFOLIO
August 2022
TOTAL CASH AND INVESTMENT
CITY INVESTMENT
91 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.6
Meeting Date: October 12, 2022
SUBJECT:
Road Construction Updates - Public Works/Engineering
Department
SUBMITTED BY:
Jason Farag
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 92 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 in Attachment A includes a summary of the current major on-going roadway construction activities throughout the City. Table 1 also 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 of Attachment A includes the latest status updates for each project based on 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
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.
ATTACHMENTS:
A - Road Construction Summaries
93 Attachment A
Table 1 - Construction Project Summaries
Project No.
& Type
Primary
Roadway(s) Project Name Roadway
Segment(s) Description of Work Est. Cost of
Improvements
CIP 026-1
(City CIP)
Bundy
Canyon Rd.
Bundy Canyon
Rd.
Improvement
Project,
Segment 1
Bundy Canyon
Rd. between
Cherry St. and
1600’ east of
Oak Canyon Dr.
Widening of Bundy Canyon Rd. to 4 lanes
with two 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
P21-0012
(Private
Development
Project)
Wildomar
Trail
Baxter Village Wildomar Trail
I-15 to White
Street
Old Baxter Road
Wildomar Trail to
White Street
Margaret Lane
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
94 Attachment A
Project No.
& Type
Primary
Roadway(s) Project Name Roadway
Segment(s) Description of Work Est. Cost of
Improvements
P21-0117
(Private
Development
Project)
Prielipp Rd. Lennar,
Horizons
Bunny Trail
Elizabeth Lane
to end of project
frontage
Elizabeth Lane
Bunny Trail to
Prielipp
Prielipp
Elizabeth to
Yamas
Widening of Elizabeth Lane to a Collector
78’ROW.
Widening of Prielipp to a Secondary
100’ROW.
66” RCFC master planned SD through site
and along Elizabeth Lane and Prielipp.
EVMWD master planned sewer and water
facilities in Prielipp.
$1,900,000
P14-0093
(Private
Development
Project)
McVicar St. Beazer Homes,
Boulder Creek
McVicar
Grand to
Wildomar
Channel
Grand
Leslie to
McVicar
Palomar
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
95 Attachment A
Table 2 - Project Schedules and Updates
Project
No. Roadway Est. Project
Completion Status Update
CIP 026-1 Bundy Canyon Rd. Winter 2022/2023 Sellers Rd.
Sellers Rd. was reopened to traffic on September 19.
Monte Vista Dr.
The intersection of Monte Vista Dr. was closed on August 22 to allow the intersection to be elevated and paved. Grading and paving has been completed, but the intersection remains closed at this time due to the difference in elevation between the existing lanes of traffic and the new pavement on Monte Vista Dr. Repaving of the existing asphalt on Bundy Canyon Rd. must be completed first before the intersection can be reopened to full traffic movements. In the interim, the existing detour for Monte Vista Dr. remains in place. Detour signs will remain posted during the closure.
General Project Update
New paving on the south side of Bundy Canyon Rd. is mostly complete.
The contractor is now making plans to move traffic onto newly paved areas to allow for the reconstruction and repaving of old existing pavement, and additional widening on the north side of the road. The City is currently reviewing the contractor’s traffic control plans and will provide updates once the adjustments to traffic are scheduled.
New traffic signal work has been on-going with related underground utility work, and installations are expected to take place over the next two months. Concrete work at various intersections is also scheduled to begin soon.
Notices and updates will be posted to the website as specific activities are scheduled and traffic patterns change.
96 Attachment A
CIP 059 Palomar St./
Clinton Keith Rd.
Fall/Winter 2022 General Project Update
Grading activities have been on-going for several weeks. Utility coordination has progressed over the past month and major utility relocations and grading are expected to be mostly complete in the next few weeks. Anticipated upcoming activities include the installation of new storm drains in advance of curb, gutter, and paving work. Traffic patterns will change as the work progresses. Notices and updates will be posted to the website as specific activities are scheduled and traffic patterns change.
P21-0012 Wildomar Trail Winter 2022 Wildomar Trail
The first phase of road paving is in progress - lane changes and flagging will occur during this time.
Onsite Stockpile
The large onsite stockpile seen from Wildomar Trail was taken from the northern end of the project site to use as fill dirt for the southern portion.
P21-0117 Prielipp Rd. Fall/Winter 2022 Elizabeth Lane
Sewer and water facilities have been constructed and tied into Prielipp Road. Road improvements along Elizabeth Lane are in progress.
Prielipp Road
Storm Drain headwall is complete. Construction of road widening is in progress. Expected completion for street widening is October 20th.
P14-0093 McVicar St. Winter 2022/2023
Grand Avenue
Relocation of SCE facilities on Grand is currently in progress.
McVicar Street
Street improvements, including base paving and curb and gutter, are complete from Grand Avenue to the RCFC box culvert. Construction of culvert is scheduled to begin on November 1st. Sidewalks are currently being poured from Grand Avenue to Whispering Way.
97 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.7
Meeting Date: October 12, 2022
SUBJECT:
KB Homes Verano - Precise Grading Agreement for Models
and BMP Agreements
SUBMITTED BY:
Emily Stadnik
PREPARED BY:
Ninette Eva, Associate Engineer
ACTION:
Authorize the City Manager to execute the Precise Grading Agreement for Models and BMP Agreements with KB Home Coastal Inc.
BACKGROUND:
On August 10, 2022, the City Council adopted Resolution No. 2022-49 approving the final map for Tentative Tract Map no. 37476 to subdivide the 38.22 acres into 84 lots. The lots consist of 80 single family residential lots and four lots for commercial/business park development.
The grading and improvement plans for this residential development have been approved by the City. This includes the precise grading plans for models. An aerial image of the project site and the surrounding area is provided in Attachment A.
DISCUSSION:
Precise Grading Agreement for Models
In order to complete precise grading activities for models, the Developer is required to enter into a Precise Grading Agreement (Attachment B) which identifies the Developer’s obligations to the City in performing and completing the precise grading construction for models. The agreement also provides the City with bonds to secure the precise grading activities for models. On September 8, 2022, the developer submitted a cash deposit in lieu of bond to the City. The amount of the cash deposit is $31,878 which is based on the Developer’s engineer’s precise grading bond estimate for models (Attachment B). If the Developer fails to fulfill their obligations, the cash deposit provides a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition.
BMP Agreements
The Developer is also required to enter into Stormwater Management/BMP Facilities 98 Agreements for privately maintained BMPs and CFD maintained BMPs (BMP Agreements, Attachment C) with the City. The BMP Agreements identify the maintenance responsibilities of the
Developer to ensure that the SWPPP BMPs that are constructed with this development continue to be maintained in the future.
Staff is requesting that the City Council authorize the City Manager to execute the Precise Grading Agreement for Models and BMP Agreements with KB Home Coastal, Inc.
FISCAL IMPACT:
There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer deposits. In compliance with the City’s NPDES/MS4 Permit, the City will be required to perform inspections of the BMPs for the project during the lifetime of the development and also receive and/or process verifications from the landowner indicating that the BMPs are being maintained. These inspections and processing activities are not paid for by the landowner and require that the City use its own funds from the ‘General Fund – Stormwater’ account. If the landowner(s) fails to maintain any BMPs that they are required to maintain and the City expends funds to maintain the BMPs to ensure the City’s MS4/Storm Drain System is protected, the BMP Agreement obligates the landowner to pay the City for all associated costs incurred.
ATTACHMENTS:
Attachment A - Aerial Map.pdf
Attachment B - PG Agreement Bond and Bond Est.pdf
Attachment C - BMP Agreements.pdf
99 ATTACHMENT A
Aerial Image of
Summerhill 2 KB Homes TR37476 Project
(highlighted in yellow)
Aerial Image of
KB Homes Verano TR37476 Project
(highlighted in yellow)
100
ATTACHMENT B
Precise Grading Agreement for Models
Cash in Lieu of Bond
Precise Grading Bond Estimate for Models
101
RIV #4849-0958-0384 v2
AGREEMENT
FOR PRECISE GRADING PROJECTS
MODEL PRECISE
This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, and KB Home Coastal Inc., a California corporation, hereinafter called Landowner.
WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as KB Homes Verano, Tract No. 37476 (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter-Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of Thirty One Thousand Eight Hundred Seventy Eight and 00/100 Dollars ($31,878.00), which covers precise grading for models only.
SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties.
FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.
102
RIV #4849-0958-0384 v2
FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions.
SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work.
SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law.
EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon.
TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner.
ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
103
RIV #4849-0958-0384 v2
THIRTEENTH: The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement.
FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
City Landowner
City of Wildomar KB Home Coastal Inc.
Public Works/Engineering Department Heidi McBroom, Director of Forward Planning 23873 Clinton Keith Rd., Suite 201 36310 Inland Valley Drive Wildomar, CA 92595 Wildomar, CA 92595
(951) 677-7751 (951) 691-5394
(951) 698-1463
FIFTEENTH: Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
104
RIV #4849-0958-0384 v2
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. ____________________________________
By __________________________________
__________________________________
Date ________________________________
By __________________________________
__________________________________
Date ________________________________
City of Wildomar
By __________________________________
__________________________________
Date _________________________________
Approved as to Form:
Thomas D. Jex, City Attorney
By: ____________________________
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED HERETO. ALL SIGNATURES TO BE INCLUDED ON THIS DOCUMENT OR IDENTIFY THIS DOCUMENT WHEN INCLUDING A SIGNATURE PAGE.)
105
106
GRADING BOND ESTIMATE
Parcel Map/Tract Map No. TRACT 37476 Date: 7/5/ 2022
City Project No:
IMPROVEMENTS
Grading $ $
Drainage $ $
Erosion Control $ $
WQMP $ $
Security Total $ $
Warranty Retention (10%) $
7/5/2022
Signature Date
Rudy Nunez 55955
Name Typed or printed RCE#
Civil Engineer's Stamp
3. For Construction items not covered by this worksheet, Design Engineer is to provide his opinion of construction cost and use that cost.
*** PLEASE READ INSTRUCTIONS BELOW ***
1. Quantities are to be taken from the Improvement Plans.
2. Show Performance Bond Amounts to the nearest $500.00.
DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS Construction items and their quantities, as shown on the attached worksheets, are accurate for the construction of the improvements required or implied to fullfill the Conditions of Approval for this project regarding on-site grading, drainage and NPDES. The mathematical extensions, using the City of Wildomar's Unit Costs, are accurate for determining fees.
0.00 0.00
0.00 SECURITY
CITY OF WILDOMAR
CONSTRUCTION COST WORKSHEET
FOR ON-SITE GRADING, DRAINAGE AND NPDES
FAITHFUL PERFORMANCE
4,158.00
27,720.00
0.00 0.00
31,878.00
0.00 0.00
0.00 107
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (CFD MAINTAINED BMPs)
and
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (PRIVATELY MAINTAINED BMPs)
ATTACHMENT C
108
RIV #4839-5891-5168 v2
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (CFD MAINTAINED BMPs)
THIS AGREEMENT, made and entered into this 12th day of October, 2022, by and between KB Home Coastal Inc., a California corporation (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APNs 367-140-008, 367-140-010, 367-140-012 as recorded by deed in the land records of Riverside County, California, Deed Book2383 Page 250, and Book 44 of Parcel Maps Page 51, respectively (the "Property").
WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan/Subdivision Plans known as Precise Grade Plan Tract 37476 Lots 52-54 Model Home Complex and Precise Grading Plan Tract 37476 Lots 1-48 & 60- 77, as approved or to be approved by the City (the "Plan"), which is incorporated herein by reference, requires Landowner to prepare and implement a City-approved Water Quality Management Plan (the “WQMP”) that provides for stormwater quality treatment within the confines of the Property; and
WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities called for by the WQMP on the Property (the “Facilities”); and WHEREAS, Landowner intends to annex the Property into the City’s Community Facilities District No. 2022-1 (Services) (the “CFD”) for the purposes of having the City maintain and inspect one or more of the Facilities.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.
3. Upon the completion of the annexation of all or a portion of the Property into the CFD and upon the commencement of CFD services for the development, Landowner’s obligation to maintain the Facilities specified in the annexation proceedings and resolutions as being maintained through the CFD (the “CFD Maintained Facilities”) shall cease. If the Property is subsequently deannexed or otherwise removed from the CFD then the Landowner, its successors 109
RIV #4839-5891-5168 v2
and assigns, including any homeowners association, shall resume all of the obligations of this agreement, including but not limited to the duty to maintain and inspect, with respect to the CFD Maintained Facilities.
4. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report. This section does not apply to any CFD Maintained Facilities.
5. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary. This section does not apply to any CFD Maintained Facilities.
6. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. This section does not apply to any CFD Maintained Facilities.
7. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.
This section does not apply to any CFD Maintained Facilities.
8. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.
10. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.
110
RIV #4839-5891-5168 v2
11.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.
12.Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
WITNESS the following signatures and seals:
KB Home Coastal Inc., a California corporation
Company/Corporation/Partnership Name (Seal)
By:____________________________________
Name: ________________________________
Title: _________________________________
________________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
111
RIV #4839-5891-5168 v2
CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk
APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
112
RIV #4813-1696-2656 v2
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (PRIVATELY MAINTAINED BMPs)
THIS AGREEMENT, made and entered into this 12th day of October, 2022, by and between KB Home Coastal Inc., a California corporation (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APNs 367-140-008, 367-140-010, 367-140-012, as recorded by deed in the land records of Riverside County, California, Deed Book 10, Page 58, (the "Property").
WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan known as Precise Grade Plan Tract 37476 Lots 52-54 Model Home Complex and Precise Grading Plan Tract 37476 Lots 1-48 & 60-77, as approved by the City (the "Plan"), which is incorporated herein by reference, provides for stormwater quality treatment within the confines of the property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities (the “Facilities”) on the Property.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.
3. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report.
4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary.
5. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property 113
RIV #4813-1696-2656 v2
and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City.
6. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.
7. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
8. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.
9. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.
10.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.
11.Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
WITNESS the following signatures and seals:
KB Home Coastal Inc., a California corporation
Corporation (Seal)
By: ______________________________________
Name: __________________________________
Title: ____________________________________
114
RIV #4813-1696-2656 v2
__________________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk
APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
115
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.8
Meeting Date: October 12, 2022
SUBJECT:
Lennar Horizons - Precise Grading Agreement for Models, Precise Grading Agreement for Production and BMP
Agreements
SUBMITTED BY:
Emily Stadnik
PREPARED BY:
Ninette Eva, Associate Engineer
ACTION:
Authorize the City Manager to execute the Precise Grading Agreements for Models, Precise Grading Agreements for Production, and BMP Agreements with Lennar Homes of California, LLC
BACKGROUND:
On February 10, 2016, the City Council adopted Resolution No. 2016-15 approving Tentative Tract Map No. 36672 to subdivide the approximate 18.41 site into three (3) lots to accommodate the proposed project located at the northwest corner of Elizabeth Lane and Prielipp Road. An aerial image of the project site and the surrounding area is provided in Attachment A. On October 7, 2020, the Planning Commission approved a minor change to Tentative Tract Map No. 36672. All the original conditions of approval and mitigation measures adopted by the City Council remained in full force and effect. Tentative Tract Map No. 36672’s approved expiration date is February 10, 2022. On March 10, 2021, the City council approved the final map for Tract No. 36672 and executed Subdivision Improvement Agreements for all the lots. The rough grading and improvement plans for this residential development have been approved by the City. The precise grading plans for models and production are currently being processed with the City.
DISCUSSION:
Precise Grading Agreement for Models and Production
Since the Developer has two separate precise grading plans for models and production, staff has prepared two separate agreements for them. In order to complete the precise grading activities, the Developer is required to enter into Precise Grading Agreements (Attachment B) which identify the Developer’s obligations to the City in performing and completing the precise 116
grading construction. The agreement also provides the City with bonds to secure the precise grading activities for models and production. On September 15, 2022, the developer submitted cash deposits in lieu of bonds to the City. The amount of the cash deposits are $3,500 for precise grading plan for models and $16,000 for precise grading plan for production. The bond amounts are based on the Developer’s engineer’s precise grading bond estimate for models and production (Attachment B). If the Developer fails to fulfill their obligations, the cash deposits provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition.
BMP Agreements
The Developer is also required to enter into Stormwater Management/BMP Facilities Agreements for privately maintained BMPs and CFD maintained BMPs (BMP Agreements, Attachment C) with the City. The BMP Agreements identify the maintenance responsibilities of the Developer to ensure that the SWPPP BMPs that are constructed with this development continue to be maintained in the future.
Staff is requesting that the City Council authorize the City Manager to execute the Precise Grading Agreement for Models, Precise Grading Agreement for Production and BMP Agreements with Lennar Homes of California, LLC.
FISCAL IMPACT:
There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer deposits. In compliance with the City’s NPDES/MS4 Permit, the City will be required to perform inspections of the BMPs for the project during the lifetime of the development and also receive and/or process verifications from the landowner indicating that the BMPs are being maintained. These inspections and processing activities are not paid for by the landowner and require that the City use its own funds from the ‘General Fund – Stormwater’ account. If the landowner(s) fails to maintain any BMPs that they are required to maintain and the City expends funds to maintain the BMPs to ensure the City’s MS4/Storm Drain System is protected, the BMP Agreement obligates the landowner to pay the City for all associated costs incurred.
ATTACHMENTS:
Attachment A - Aerial Map.pdf
Attachment B - PG Agr and Bonds.pdf
Attachment C - BMP Agreements.pdf
117
118
ATTACHMENT B
Precise Grading Agreement for Models
Cash in Lieu of Bond
Precise Grading Bond Estimate for Models
and
Precise Grading Agreement for Production
Cash in Lieu of Bond
Precise Grading Bond Estimate for Production
119
RIV #4849-0958-0384 v2
AGREEMENT
FOR PRECISE GRADING PROJECTS
MODEL PRECISE
This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, and Lennar Homes of California, LLC, hereinafter called Landowner.
WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as Horizons by Lennar Homes (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter- Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00), which covers precise grading for models only.
SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties.
FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.
FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions. 120
RIV #4849-0958-0384 v2
SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work.
SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law.
EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon.
TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner.
ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
THIRTEENTH: The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to 121
RIV #4849-0958-0384 v2
execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement.
FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
City Landowner
City of Wildomar Lennar Homes of California, LLC
Public Works/Engineering Department Geoffrey Smith, Vice President 23873 Clinton Keith Rd., Suite 201 980 Montecito Drive, Suite 302 Wildomar, CA 92595 Corona, CA 92879
(951) 677-7751 (951) 817-3542
(951) 698-1463
FIFTEENTH: Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.NC [SIGNATURES ON THE FOLLOWING PAGE]
122
RIV #4849-0958-0384 v2
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. ____________________________________
By __________________________________
__________________________________
Date ________________________________
By __________________________________
__________________________________
Date ________________________________
City of Wildomar
By __________________________________
__________________________________
Date _________________________________
Approved as to Form:
Thomas D. Jex, City Attorney
By: ____________________________
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED HERETO. ALL SIGNATURES TO BE INCLUDED ON THIS DOCUMENT OR IDENTIFY THIS DOCUMENT WHEN INCLUDING A SIGNATURE PAGE.)
123
124
City of Wildomar
Precise Grading Bond Estimate Worksheet
Parcel Map/Tract Map No: TM 36672 Date: 4/25/2022
PP, CU, PU, MS OR VL No: City Project No: 21-0117
Quantity Unit Unit Cost Amount
1 LS 500.00 $ 500.00 $
48 LF 10.00 $ 480.00 $
1 LS 500.00 $ 500.00 $
1 LS 1,000.00 $ 1,000.00 $
250 CY 2.00 $ 500.00 $
298.00 $
3,500.00 $
4/25/2022
Signature Date
John D. Tanner III
Name (type or printed)
60132 6/30/2022
RCE No. Expiration Date
Civil Engineer's Stamp
1. Quantities are to be taken from the Improvement Plans.
2. Show Performance Bond Amounts to the nearest $500.00.
3. For Construction items not covered by this worksheet, Design Engineer is to provide his opinion of construction cost and use that cost.
Mobilization
Precise Grading
Demolition and Removal
Mass Excavation
12X12 Zero Curb Concrete Block
*** PLEASE READ INSTRUCTIONS BELOW ***
Total
10% Contingency
For Onsite Precise Grading Model Plans
Erosion Control Sand Bags
Erosion Control Stabilized Entrance
Item
Contractor Mobilization
Horizons - Project No. 21-0117 125
RIV #4849-0958-0384 v2
AGREEMENT
FOR PRECISE GRADING PROJECTS
PRODUCTION PRECISE
This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, and Lennar Homes of California, LLC, hereinafter called Landowner.
WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as Horizons by Lennar Homes (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter- Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of Sixteen Thousand and 00/100 Dollars ($16,000.00), which covers precise grading for Phases 1 to 3 and build out only.
SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties.
FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.
FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions. 126
RIV #4849-0958-0384 v2
SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work.
SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law.
EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon.
TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner.
ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
THIRTEENTH: The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to 127
RIV #4849-0958-0384 v2
execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement.
FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
City Landowner
City of Wildomar Lennar Homes of California, LLC
Public Works/Engineering Department Geoffrey Smith, Vice President 23873 Clinton Keith Rd., Suite 201 980 Montecito Drive, Suite 302 Wildomar, CA 92595 Corona, CA 92879
(951) 677-7751 (951) 817-3542
(951) 698-1463
FIFTEENTH: Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
128
RIV #4849-0958-0384 v2
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. ____________________________________
By __________________________________
__________________________________
Date ________________________________
By __________________________________
__________________________________
Date ________________________________
City of Wildomar
By __________________________________
__________________________________
Date _________________________________
Approved as to Form:
Thomas D. Jex, City Attorney
By: ____________________________
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED HERETO. ALL SIGNATURES TO BE INCLUDED ON THIS DOCUMENT OR IDENTIFY THIS DOCUMENT WHEN INCLUDING A SIGNATURE PAGE.)
129
130
City of Wildomar
Precise Grading Bond Estimate Worksheet
Parcel Map/Tract Map No: TM 36672 Date: 4/25/2022
PP, CU, PU, MS OR VL No: City Project No: 21-0117
Quantity Unit Unit Cost Amount
1 LS 1,000.00 $ 1,000.00 $
704 LF 10.00 $ 7,040.00 $
1 LS 500.00 $ 500.00 $
1 LS 1,000.00 $ 1,000.00 $
2,200 CY 2.00 $ 4,400.00 $
69 LF 4.00 $ 276.00 $
1 EA 40.00 $ 40.00 $
1 EA 250.00 $ 250.00 $
1,450.60 $
16,000.00 $
4/25/2022
Signature Date
John D. Tanner III
Name (type or printed)
60132 6/30/2022
RCE No. Expiration Date
Civil Engineer's Stamp
1. Quantities are to be taken from the Improvement Plans.
2. Show Performance Bond Amounts to the nearest $500.00.
3. For Construction items not covered by this worksheet, Design Engineer is to provide his opinion of construction cost and use that cost.
For Onsite Precise Grading Phase 1-3 and Build Out
Erosion Control Sand Bags
Erosion Control Stabilized Entrance
4" PVC Pipe Schedule 40
Item
Contractor Mobilization
*** PLEASE READ INSTRUCTIONS BELOW ***
Total
10% Contingency
Mobilization
Precise Grading
Demolition and Removal
Mass Excavation
12X12 Zero Curb Concrete Block
6" Grate per NDS No. 40 or Equivalent
Private Drain Through Curb
Horizons - Project No. 21-0117 131
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (CFD MAINTAINED BMPs)
and
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (PRIVATELY MAINTAINED BMPs)
ATTACHMENT C
132
RIV #4813-1696-2656 v2
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (PRIVATELY MAINTAINED BMPs)
THIS AGREEMENT, made and entered into this 12th day of October, 2022, by and between and Lennar Homes of California, LLC (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APN 380- 250-023, as recorded by deed in the land records of Riverside County, California, Deed Book 478, Page 31, (the "Property").
WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan known as Model Precise Grading Plan for the Residential Site Lot 1 of Parcel Map #36672 and Precise Grading Plan Phase 1-3 and Build Out, as approved by the City (the "Plan"), which is incorporated herein by reference, provides for stormwater quality treatment within the confines of the property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities (the “Facilities”) on the Property.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.
3. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report.
4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary.
5. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property 133
RIV #4813-1696-2656 v2
and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City.
6. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.
7. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
8. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.
9. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.
10.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.
11.Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
WITNESS the following signatures and seals:
Lennar Homes of California, LLC
Corporation (Seal)
By: ______________________________________
Name: __________________________________
Title: ____________________________________
134
RIV #4813-1696-2656 v2
__________________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk
APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
135
RIV #4839-5891-5168 v2
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (CFD MAINTAINED BMPs)
THIS AGREEMENT, made and entered into this 12th day of October, 2022, by and between Lennar Homes of California, LLC (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APN 380- 250-023 as recorded by deed in the land records of Riverside County, California, Deed Book2383 Page 250, and Book 44 of Parcel Maps Page 51, respectively (the "Property").
WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan/Subdivision Plan known as Model Precise Grading Plan for the Residential Site Lot 1 of Parcel Map #36672 and Precise Grading Plan Phase 1-3 and Build Out, as approved or to be approved by the City (the "Plan"), which is incorporated herein by reference, requires Landowner to prepare and implement a City-approved Water Quality Management Plan (the “WQMP”) that provides for stormwater quality treatment within the confines of the Property; and
WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities called for by the WQMP on the Property (the “Facilities”); and WHEREAS, Landowner intends to annex the Property into the City’s Community Facilities District No. 2022-1 (Services) (the “CFD”) for the purposes of having the City maintain and inspect one or more of the Facilities.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.
3. Upon the completion of the annexation of all or a portion of the Property into the CFD and upon the commencement of CFD services for the development, Landowner’s obligation to maintain the Facilities specified in the annexation proceedings and resolutions as being maintained through the CFD (the “CFD Maintained Facilities”) shall cease. If the Property is subsequently deannexed or otherwise removed from the CFD then the Landowner, its successors and assigns, including any homeowners association, shall resume all of the obligations of this 136
RIV #4839-5891-5168 v2
agreement, including but not limited to the duty to maintain and inspect, with respect to the CFD Maintained Facilities.
4. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report. This section does not apply to any CFD Maintained Facilities.
5. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary. This section does not apply to any CFD Maintained Facilities.
6. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. This section does not apply to any CFD Maintained Facilities.
7. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.
This section does not apply to any CFD Maintained Facilities.
8. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.
10. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.
11.The City’s City Manager may, but is not required to, make minor amendments not 137
RIV #4839-5891-5168 v2
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.
12.Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
WITNESS the following signatures and seals:
Lennar Homes of California, LLC
Company/Corporation/Partnership Name (Seal)
By:____________________________________
Name: ________________________________
Title: _________________________________
________________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
138
RIV #4839-5891-5168 v2
CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk
APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
139
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: October 12, 2022
SUBJECT:
Popeyes Restaurant - Precise Grading Agreement and BMP
Agreements
SUBMITTED BY:
Emily Stadnik
PREPARED BY:
Ninette Eva, Associate Engineer
ACTION:
Authorize the City Manager to execute the Precise Grading Agreement and BMP Agreements with DMSD Cajun Properties, LLC.
BACKGROUND:
Popeyes Restaurant is an approved plot plan (Plot Plan No. 21-0138) for a drive-thru restaurant on the east side of Orange Street north of Bundy Canyon Road. The project is located in a commercial zone. The site is 49,877 square feet, triangular shaped and adjacent to the I-15 Freeway. An aerial image of the project site and the surrounding area is provided in Attachment A and the project site plan is provided in Attachment B. The grading and improvement plans for this project are being processed with the City.
DISCUSSION:
Precise Grading Agreement
In order to complete precise grading activities, the Developer is required to enter into a Precise Grading Agreement (Attachment C) which identifies the Developer’s obligations to the City in performing and completing the precise grading construction. The agreement also provides the City with a bond to secure the precise grading activities. If the Developer fails to fulfill their obligations, the bond will provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition. The bond amount is based on the Developer’s engineer’s grading bond estimate.
BMP Agreements
The Developer is also required to enter into Stormwater Management/BMP Facilities Agreements for privately maintained BMPs and CFD maintained BMPs (BMP Agreements, Attachment D) with the City. The BMP Agreements identify the maintenance responsibilities of 140
the Developer to ensure that the SWPPP BMPs that are constructed with this development continue to be maintained in the future.
Staff is requesting that the City Council authorize the City Manager to execute the Precise Grading Agreement and BMP Agreements with DMSD Cajun Properties, LLC.
FISCAL IMPACT:
There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer deposits. In compliance with the City’s NPDES/MS4 Permit, the City will be required to perform inspections of the BMPs for the project during the lifetime of the development and also receive and/or process verifications from the landowner indicating that the BMPs are being maintained. These inspections and processing activities are not paid for by the landowner and require that the City use its own funds from the ‘General Fund – Stormwater’ account. If the landowner(s) fails to maintain any BMPs that they are required to maintain and the City expends funds to maintain the BMPs to ensure the City’s MS4/Storm Drain System is protected, the BMP Agreement obligates the landowner to pay the City for all associated costs incurred.
ATTACHMENTS:
Attachment A - Aerial Map.pdf
Attachment B - Site Plan.pdf
Attachment C - Precise Grade Agr.pdf
Attachment D - BMP Agreements.pdf
141
ATTACHMENT A
Aerial Image of
Popeyes Restaurant
(highlighted in yellow)
142
143
22 1
23 4
20 19
21 232425
26 27
56 7 8
9 1011
12 131415161718NOPARKING NOPARKINGLOADINGZONE
ARCO GAS STATION
CAR WASH
AMPM
TRASHENCLOSURE5
2,984 SFONE-STORY RESTAURANT83'-6"
38'-11"13
13 1326
UP
UP
2716
TYP.2122112415
11 2TYP.18
11 COMMERCIAL DRIVEWAYRIV. CO. STD. 207A1460'-0"
ORANGE ST
30'-0"
TYP.9192TYP.
27 149'-11" 39'-4"EXISTING DRIVEWAY SHARED27
1 1989 11121314151617181910 2021126'-0"14 SPACES @ 9'-0" 19'-0"TYP
LOT AREA 49,877 SF21 PARKING SPACES20TYP.
194TYP.
DRIVETHRUDRIVETHRU19
UP24TYP.21UPUP171023
6 7
12 24
9'-0"8'-0"54'-0"6 SPACES @ 9'-0" 4'-11"16'-1"5'-11"10'-0"5'-10" 28'-0"
25'-0"
11 11
11 8
8 3
322
INTERSTATE 15 OFF-RAMP
12'-6"11'-0"
20'-8"
12'-0"23'-0"4'-11"
4'-6"
34'-11"9'-5"13'-8"5'-1"22'-10"
5'-7"12'-0"3'-6"6'-10"
6'-3"
5'-10"9'-1"
49'-8"12'-0"8'-0"12'-6"
16'-0"
15'-9"
39'-0"
PL
PL
LP
LP
53'-7"
25 TEMECULA VALLEY FWY
COMMERCIAL DRIVEWAYRIV. CO. STD. 207A
1 234567
TOW AWAY SIGN PER LOCAL CODES. YARD LIGHT LIGHT FIXTURES.
PREVIEW MENU BOARD. PAINT TRAFFIC ARROWS.LANDSCAPE AREA. GAS METER.
PAINT HANDICAP SYMBOL - WHITE ON BLUE BACKGROUND.6' HIGH MASONRY TRASH ENCLOSURE WITH STEEL GATES. PAINT TRASH ENCLOSURE & GATES TO MATCH BUILDING. ACCESSIBLE PARKING SIGN.
NEW DRIVEWAY.
KEY NOTES
5'x5' LEVEL LANDING AREA.
12345689101112
7 1314
MENU BOARD.CLEARANCE BAR.
ACCESSIBLE PATH OF TRAVEL FROM ACCESSIBLE PARKING STALL.
LPNOPARKING
ARCO GAS STATION
CAR WASH
AMPM
T.E.
83'-6"38'-11"
UP
UP
2TYP.
ORANGE ST
INTERSTATE 15 OFF-RAMP
39'-0"
PL
PL
LP
LPLP
BUNDY CANYON RD
TEMECULA VALLEY FWY
34'-7"
150'
FIRE TRUCK
EXISTINGFH
CURB RAMP.A.C. PAVING AND BASE.CONCRETE WHEEL STOPS.
151617181920212223CONCRETE DRIVE THRU LANE.
DIRECTIONAL SIGN, BY VENDOR UNDER ABOLLARD.POLE SIGN UNDER A SEPARATE PERMITDETECTABLE WARNINGS.ACCESSIBLE PATH OF TRAVEL FROM ROW.
SEPARATE PERMIT.
CONCRETE HARDSCAPE.24RETAINING WALL. SEE CIVIL PLANS25BICYCLE RACK26SIGHT VISIBILITY TRIANGLE27
PLANNING SUBMITTAL
SG
OOTAESTRENEWAL DATECFFLAI 12-31-2023
NRAI RKRBAC-31482AEIMA
LICENSED ARCHITECTL
ALL REPORTS, PLANS ANDDOCUMENTS PREPARED BY MARKSARCHITECTS SHALL REMAIN THEPROPERTY OF MARKS ARCHITECTSAND IS INTENDED FOR USE FOR THISSPECIFIC PROJECT ONLY. marks architects 2021-2022
PROTOTYPE:STORE NUMBER: FRANCHISEE: POPEYES
FS 2136 CLASSICDMSD CAJUN
Ⓒ
-EATS
09.03.21 ORANGE ST AND BUNDY CANYON RD WILDOMAR, CA 92595 PLANNING CORRECTIONS11.15.21
SD0
-REVISIONS:
SITE PLAN SITE PLAN1 SCALE: 1"=20'-0"SITE PLAN
SCALE: 1/64"=1'KEY PLAN
144
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
145
RIV #4849-0958-0384 v2
AGREEMENT
FOR PRECISE GRADING PROJECTS
This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, and DMSD Cajun Properties, LLC, hereinafter called Landowner.
WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as APN 366-290-011 (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter-Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of Fifty Thousand and 00/100 Dollars ($50,000.00), which covers precise grading only.
SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties.
FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.
FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions. 146
RIV #4849-0958-0384 v2
SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work.
SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law.
EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon.
TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner.
ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
THIRTEENTH: The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to 147
RIV #4849-0958-0384 v2
execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement.
FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
City Landowner
City of Wildomar DMSD Cajun Properties, LLC
Public Works/Engineering Department David Beshay
23873 Clinton Keith Rd., Suite 201 41760 Ivy Street, Suite 201 Wildomar, CA 92595 Murrieta, CA 92562
(951) 677-7751 (951) 816-0189
(951) 698-1463
FIFTEENTH: Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
148
RIV #4849-0958-0384 v2
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. ____________________________________
By __________________________________
__________________________________
Date ________________________________
By __________________________________
__________________________________
Date ________________________________
City of Wildomar
By __________________________________
__________________________________
Date _________________________________
Approved as to Form:
Thomas D. Jex, City Attorney
By: ____________________________
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED HERETO. ALL SIGNATURES TO BE INCLUDED ON THIS DOCUMENT OR IDENTIFY THIS DOCUMENT WHEN INCLUDING A SIGNATURE PAGE.)
149
RIV #4835-2284-7769 v1
FAITHFUL PERFORMANCE BOND
CITY OF WILDOMAR, RIVERSIDE COUNTY, STATE OF CALIFORNIA (Precise Grading)
FOR:
Precise Grading
$ 50,000.00 __________________________
Tract No.
____
Premium
$ _______________________________________
Parcel Map No.
__ ____________________________
Bond No.
________________________________________
Surety
________________________________________
Principal
_DMSD Cajun Properties, LLC ____________
Address
________________________________________
Address
_41760 Ivy Street, Suite 21 _________
City/State
________________________________________
City/State
_Murrieta, CA __________________
Zip
________________________________________
Zip
_92562 _____________________________
Phone
________________________________________
Phone
_(951) 816-0189 __ _______________________
WHEREAS, the City of Wildomar, Riverside County, State of California, and ______________________________ (hereinafter designated as ("principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to complete the above on-site grading relating to (Tract/Parcel Map) ________________________________________, which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and ________________________________________, as surety, are held and firmly bound unto the City of Wildomar in the penal sum of ________________________________________ Dollars ($ ________________) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Wildomar, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect. 150
RIV #4835-2284-7769 v1
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety. When the work covered by the agreement is complete as determined by the City of Wildomar, the City will release the obligation of this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on ________________________________________.
NAME OF PRINCIPAL ________________________________________ ________________________________________
AUTHORIZED SIGNATURE(S):
By:
______________________________
______________________________
______________________________
______________________________
Title
______________________________
Title
______________________________
Title
(If Corporation, Affix Seal)
NAME OF SURETY: ________________________________________ AUTHORIZED SIGNATURE: ______________________________
Its Attorney-in-Fact
______________________________
Title
(If Corporation, Affix Seal)
Attach Notarial Acknowledgment Of Signatures Of Principal And Attorney-In-Fact. 151
152
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (CFD MAINTAINED BMPs)
and
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (PRIVATELY MAINTAINED BMPs)
ATTACHMENT C
D
ATTACHMENT D
153
RIV #4839-5891-5168 v2
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (CFD MAINTAINED BMPs)
THIS AGREEMENT, made and entered into this 12th day of October, 2022, by and between DMSD Cajun Properties, LLC (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APN 366- 290-011, as recorded by deed in the land records of Riverside County, California, Deed Book 10 Page 58, (the "Property").
WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan/Subdivision Plan known as Precise Grading Plans for Popeyes, as approved by the City (the "Plan"), which is incorporated herein by reference, requires Landowner to prepare and implement a City-approved Water Quality Management Plan (the “WQMP”) that provides for stormwater quality treatment within the confines of the Property; and
WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities called for by the WQMP on the Property (the “Facilities”); and WHEREAS, Landowner intends to annex the Property into the City’s Community Facilities District No. 2022-1 (Services) (the “CFD”) for the purposes of having the City maintain and inspect one or more of the Facilities.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.
3. Upon the completion of the annexation of all or a portion of the Property into the CFD and upon the commencement of CFD services for the development, Landowner’s obligation to maintain the Facilities specified in the annexation proceedings and resolutions as being maintained through the CFD (the “CFD Maintained Facilities”) shall cease. If the Property is subsequently deannexed or otherwise removed from the CFD then the Landowner, its successors and assigns, including any homeowners association, shall resume all of the obligations of this agreement, including but not limited to the duty to maintain and inspect, with respect to the CFD 154
RIV #4839-5891-5168 v2
Maintained Facilities.
4. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report. This section does not apply to any CFD Maintained Facilities.
5. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary. This section does not apply to any CFD Maintained Facilities.
6. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. This section does not apply to any CFD Maintained Facilities.
7. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.
This section does not apply to any CFD Maintained Facilities.
8. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.
10. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.
11.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 155
RIV #4839-5891-5168 v2
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.
12.Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
WITNESS the following signatures and seals:
DMSD Cajun Properties, LLC
Company/Corporation/Partnership Name (Seal)
By:____________________________________
Name: ________________________________
Title: _________________________________
________________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
156
RIV #4839-5891-5168 v2
CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk
APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
157
RIV #4813-1696-2656 v2
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (PRIVATELY MAINTAINED BMPs)
THIS AGREEMENT, made and entered into this 12th day of October, 2022, by and between and DMSD Cajun Properties, LLC (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APN 366- 290-011, as recorded by deed in the land records of Riverside County, California, Deed Book 10, Page 58, (the "Property").
WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan known as Precise Grading Plans for Popeyes, as approved by the City (the "Plan"), which is incorporated herein by reference, provides for stormwater quality treatment within the confines of the property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities (the “Facilities”) on the Property.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.
3. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report.
4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary.
5. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and 158
RIV #4813-1696-2656 v2
to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City.
6. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.
7. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
8. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.
9. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.
10.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.
11.Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
WITNESS the following signatures and seals:
DMSD Cajun Properties, LLC
Corporation (Seal)
By: ______________________________________
Name: __________________________________
Title: ____________________________________
__________________________________________
159
RIV #4813-1696-2656 v2
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk
APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
160
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: October 12, 2022
SUBJECT:
Wildomar Shooting Range - Precise Grading Agreement and BMP Agreements
SUBMITTED BY:
Emily Stadnik
PREPARED BY:
Ninette Eva, Associate Engineer
ACTION:
Authorize the City Manager to execute the Precise Grading Agreement and BMP Agreements with KCG Blue, LLC.
BACKGROUND:
Wildomar Shooting Academy is a project consisting of the development of a 2-story, 34,789 square-foot indoor shooting range/academy on 2.33 acres of property. On January 22, 2020 the Planning Commission adopted resolutions approving Conditional Use Permit No. 19-0093 to construct the project, approving a variance to reduce the side yard setback from 25 feet to
12.5 feet, approving a change of zone from rural to manufacturing service commercial to accommodate the project, and reducing the size of Bundy Canyon Road from six lanes to four lanes between Orange Street and Corydon Road as part of the project. The conditional use permit expires on February 12, 2023. The improvement plans for this development are being processed with the City. The precise grading plans for the project have been approved by the City. An aerial image of the project site and the surrounding area is provided in Attachment A and the project site plan is provided in Attachment B.
DISCUSSION:
Precise Grading Agreement
In order to complete precise grading activities, the Developer is required to enter into a Precise Grading Agreement (Attachment C) which identifies the Developer’s obligations to the City in performing and completing the precise grading construction. The agreement also provides the City with a bond to secure the precise grading activities. If the Developer fails to fulfill their obligations, the bond will provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition. The bond amount is based on the Developer’s engineer’s grading bond estimate.
161
BMP Agreements
The Developer is also required to enter into Stormwater Management/BMP Facilities Agreements for privately maintained BMPs and CFD maintained BMPs (BMP Agreements, Attachment D) with the City. The BMP Agreements identify the maintenance responsibilities of the Developer to ensure that the SWPPP BMPs that are constructed with this development continue to be maintained in the future.
Staff is requesting that the City Council authorize the City Manager to execute the Precise Grading Agreement and BMP Agreements with KCG Blue, LLC.
FISCAL IMPACT:
There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer deposits. In compliance with the City’s NPDES/MS4 Permit, the City will be required to perform inspections of the BMPs for the project during the lifetime of the development and also receive and/or process verifications from the landowner indicating that the BMPs are being maintained. These inspections and processing activities are not paid for by the landowner and require that the City use its own funds from the ‘General Fund – Stormwater’ account. If the landowner(s) fails to maintain any BMPs that they are required to maintain and the City expends funds to maintain the BMPs to ensure the City’s MS4/Storm Drain System is protected, the BMP Agreement obligates the landowner to pay the City for all associated costs incurred.
ATTACHMENTS:
Attachment A - Aerial Map.pdf
Attachment B - Site Plan.pdf
Attachment C - Precise Grade Agr.pdf
Attachment D - BMP Agreements.pdf
162
ATTACHMENT A
Aerial Image of
Wildomar Shooting Academy
(highlighted in yellow)
163
164
R.S. 105/46-59
PP
TRAIL
BUNDY CANYON ROAD
EX. EP
EX. TS
EX. TS
EX. CURB,GUTTER &SIDEWALK
EX. AC DIKE
EX. R/W
PROP. R/W
PP
PP
PP
EX. STRUCTURE TOBE REMOVED
EX 4"GASEX TELE
EX 15"SEWER
EX 12"PVC WATER 1467 ZONEEX 8"AC WATER(ABND)
EX 10"AC WATER(ABND)EX TELEEX TELE
EX 24"WATER
EX. 24"PVC WATER
EX. 12"SEWER
EX 18"SEWER
EX. 4"GAS
EX. 10"AC WATER
EX. 6"AC WATER
M.B. 10/58-75 PARCEL 15ZONING: R-R
LAND USE: LIGHT INDUSTRIAL, CC OVERLAY
P.M.B. 1589ZONING: R-RLAND USE: COMMERCIAL RETAIL
P.M.B. 10/39ZONING: R-RLAND USE: COMMERCIAL RETAIL
P.M.B. 10/39ZONING: C-1/C-PLAND USE: COMMERCIAL RETAIL
P.M.B. 10/39ZONING: C-1/C-PLAND USE: COMMERCIAL RETAIL
3 5
4 3
PROP TRASHENCLOSURE
RECONFIGUREEX. DRIVEWAY
AC DIKE LANE TRANSITION
PROP 12" SD
WATER QUALITY BASINBOT=1290.0
CONC. BYPASSDITCH
2 STEPS DOWN
PROP CONC SIDEWALK
PIV/FDC
PROP FH
PROP 6" SEWER
EX AC DIKE
NOTE: EXISTING OVERHEAD POWERLINE IS A TRANSMISSION LINE >33KV.PROTECT ALL EXISTING POWER POLESIN PLACE (MISSION TRAIL).
NOTE: EXISTING OVERHEAD POWER LINE IS ADISTRIBUTION LINE <33KV. REMOVE ALL POWER POLESAND UNDERGROUND ELECTRICAL (BUNDY CANYON)
MISSION
DCDADOM METER
ABANDON EX. 4" SEWER
ABANDON EX. 4" SEWER
ABANDON EX. 1" WATER
ABANDON EX. 1" WATERLANDSCAPE METERPROP FH
REMOVE EXFENCE, INSTALL 6'HIGH BLOCK WALLW/ OPENINGS FORDRAINAGE EX. 16"DIP WATER 1467 ZONE
EVEVCLEANAIRCLEANAIRCLEANAIRCLEANAIRCLEANAIRCLEANAIRCLEANAIR EV EVEV
2"DOM IN SAME TRENCH
PROP ST LIGHT
2-STORY BUILDING29,200 SF 1ST FLOORFF: 1295.80PAD: 1295.13 FOR BLDG SPRINKLERPROP 6" FIRE WATER
PROP. LANE STRIPING (TYP)
PROP ST LIGHT
AB B
cc
DD
CONC. BYPASSDITCH
60' RIP RAP FLOWDISSIPATER TOPERPETUATE EXISTINGCONDITION
RELOCATE EX FH
BUILDINGSETBACKLINE
PROP CO
PROPOSED POROUSCONCRETEEX. STRUCTURE TOBE REMOVED
PROP CONC SIDEWALK
6" PVC STORMDRAIN PIPE FORROOF DRAINS
6" PVC STORMDRAIN PIPE FORROOF DRAINS
4" PVC STORMDRAIN PIPE FORROOF DRAINS
4" PVC STORMDRAIN PIPE FORROOF DRAINS
FUTURE CURB, GUTTER & S/W (CASH-IN-LIEU)
MIN. 5' HIGHTUBULAR STEELFENCE PERLANDSCAPEPLANS
RD
RD
RD
RDRD
RD
RD
RD
NOTE: SLEEVE UTILITIESUNDER THE BASIN
275 LF - PRIVATECONCRETE CHANNELEE
2'-0" PARKING OVERHANG2'-0" PARKING OVERHANG2'-0" PARKING OVERHANG2'-0" PARKING OVERHANG16'-0"2'-0" 9'-0"STANDARD11'-0" @OBSTRUCTION9'-0"STANDARD11'-0" @OBSTRUCTION 18'-0"
2'-0" OVERHANGCURB OROBSTRUCTIONPER PLAN
18'-0"16'-0"2'-0"OVERHANG
WILDOMAR SHOOTING ACADEMYWILDOMAR, CANovember 6, 20195256 S. Mission Road, Ste. 404 Bonsall, CA 92003www.summarch.com 760.724.1198 ARCHITECTURE 5758 GEARY BLVD. #541SAN FRANCISCO, CA(760) 846-9760KCG BLUE, LLC.CONCEPTUAL SITE PLANA-SP PROJECT CONTACTSOWNER:KCG BLUE LLC5758 GEARY BOULEVARD #541SAN FRANCISCO, CA. 94121(760)846-9760CONTACT: DONNY MACLEAN IIARCHITECT:SUMMA ARCHITECTURE5256 SOUTH MISSION ROADSUITE 404BONSALL, CA. 92003(760)724-1198CONTACT: ERICK VAN WECHELCIVIL ENGINEER:4M ENGINEERING AND DEVELOPMENT41635 ENTERPRISE CIRCLE NORTH, SUITE BTEMECULA, CA. 92590(951)296-3466CONTACT: KIM MORING PROJECT INFORMATIONLEGAL DESCRIPTION:LOT: 115 TRACT NO. 1, ABBREVIATED DESCRIPTION: LOT 115 SUBD:SEDCO TRACT #1, 2.33 ACRES M/L IN POR LOT 115 MB010/ 058 SEDCOTRACT 1APN:367-020-038PROJECT ADDRESS:34020 MISSION TRAILWILDOMAR, CA. 92595ZONING: R-R (GP = LI)EXISTING USE:VACANT - (EXISTING HOUSE TO BE DEMOLISHED)PROPOSED USE:INDOOR GUN RANGE/ TACTICAL LAW ENFORCEMENT TRAINING CENTERCODES:CALIFORNIA BUILDING CODE 2016 EDITION CALIFORNIA MECHANICAL CODE 2016 EDITION CALIFORNIA ELECTRICAL CODE 2016 EDITION CALIFORNIA FIRE CODE 2016 EDITIONTYPE OF CONSTRUCTION:SPRINKLERS: FULLY SPRINKLERED, NFPA 15 COMPLIANTSITE AREA: 2.33 ACRESSTORIES: TWO STORYBUILDING HEIGHT: 38'-0"SCHOOL DISTRICT:
WATER: ELSINORE VALLEY MUNICIPAL WATER DISTRICTSEWER: ELSINORE VALLEY MUNICIPAL WATER DISTRICTGAS: SOUTHERN CALIFORNIA GAS COMPANYELECTRIC: SOUTHERN CALIFORNIA EDISONTELEPHONE:TRASH: WASTE MANAGEMENT
UTILITY PURVEYORS
INDEX TO DRAWINGSARCHITECTURE:A-SP CONCEPTUAL SITE PLANA-1 CONCEPTUAL BUILDING PLANS - FIRST FLOOR PLANA-2CONCEPTUAL BUILDING PLANS - SECOND FLOOR PLANA-3CONCEPTUAL BUILDING PLANS - ROOF PLANA-4CONCEPTUAL BUILDING ELEVATIONSA-5CONCEPTUAL TRASH ENCLOSUREA-6CONCEPTUAL BUILDING PERSPECTIVES SITE AREA ANALYSISSITE AREA:2.33 ACRES GROSS (101,495 S.F.)BUILDING AREA:FIRST FLOOR - 29,286 S.F.SECOND FLOOR - 5,503 S.F.TOTAL BUILDING AREA - 34,789 S.F.LOT COVERAGE:28.8% (29,286 S.F. / 101,495 S.F.)FAR (FLOOR AREA RATIO):0.34 (34,789 S.F. / 101,495 S.F.) SITE PLAN
PARKING STALL DETAILSPARKING CALCULATIONS
PROVIDED PARKING RATIO:2.47 STALLS / 1,000 S.F.
DESIGNATED PARKING FOR CLEAN AIR VEHICLES (CGBSC 5.106.5.2): PER TABLE 5.106.5.2 FOR 77 TOTAL PARKING STALLS 8 TOTAL CLEAN AIR VEHICLE STALLS SHALL BE PROVIDED TOTAL PROVIDED 8 STALLSELECTRIC VEHICLE CHARGING (CGBSC 5.106.5.3): PER TABLE 5.106.5.3.3 FOR 77 TOTAL PARKING STALLS 5 TOTAL ELECTRIC VEHICLE STALLS SHALL BE PROVIDED TOTAL PROVIDED = 5 STALLS (3 STANDARD, 1 VAN ACCESSIBLE, 1 STANDARD ACCESSIBLE)BICYCLE PARKING (CGBSC 5.106.4): SHORT TERM BICYCLE PARKING = 5% OF VISITOR PARKING STALLS LONG TERM BICYCLE PARKING = 5% OF TENANT-OCCUPANT STALLS 77 TOTAL STALLS X 5% = 4 TOTAL BICYCLE PARKING STALLS REQ. TOTAL PROVIDED = 6 STALLS (2 LONG TERM, 4 SHORT TERM = 7.8%) 165
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
166
RIV #4849-0958-0384 v2
AGREEMENT
FOR PRECISE GRADING PROJECTS
This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, KCG Blue, LLC, hereinafter called Landowner.
WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as Wildomar Shooting Academy (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter- Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of Fifty Two Thousand and 00/100 Dollars ($52,000.00), which covers precise grading only.
SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.
THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties.
FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.
FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions. 167
RIV #4849-0958-0384 v2
SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work.
SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law.
EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient.
Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both.
NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon.
TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner.
ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally.
TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
THIRTEENTH: The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to 168
RIV #4849-0958-0384 v2
execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement.
FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:
City Landowner
City of Wildomar KCG Blue, LLC
Public Works/Engineering Department Don Maclean
23873 Clinton Keith Rd., Suite 201 5758 Geary Boulevard #541 Wildomar, CA 92595 San Francisco, CA 94121
(951) 677-7751 (760) 846-9760
(951) 698-1463
FIFTEENTH: Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.NC [SIGNATURES ON THE FOLLOWING PAGE]
169
RIV #4849-0958-0384 v2
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. ____________________________________
By __________________________________
__________________________________
Date ________________________________
By __________________________________
__________________________________
Date ________________________________
City of Wildomar
By __________________________________
__________________________________
Date _________________________________
Approved as to Form:
Thomas D. Jex, City Attorney
By: ____________________________
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED HERETO. ALL SIGNATURES TO BE INCLUDED ON THIS DOCUMENT OR IDENTIFY THIS DOCUMENT WHEN INCLUDING A SIGNATURE PAGE.)
170
RIV #4835-2284-7769 v1
FAITHFUL PERFORMANCE BOND
CITY OF WILDOMAR, RIVERSIDE COUNTY, STATE OF CALIFORNIA (Precise Grading)
FOR:
Precise Grading
$ 52,000.00 __________________________
Tract No.
____
Premium
$ _______________________________________
Parcel Map No.
__ ____________________________
Bond No.
________________________________________
Surety
________________________________________
Principal
_KCG Blue, LLC _____________
Address
________________________________________
Address
_5758 Geary Blvd. $541 _________
City/State
________________________________________
City/State
_San Francisco, CA __________________
Zip
________________________________________
Zip
_94121 _____________________________
Phone
________________________________________
Phone
_(760) 846-9760__ _______________________
WHEREAS, the City of Wildomar, Riverside County, State of California, and ______________________________ (hereinafter designated as ("principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to complete the above on-site grading relating to (Tract/Parcel Map) ________________________________________, which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and ________________________________________, as surety, are held and firmly bound unto the City of Wildomar in the penal sum of ________________________________________ Dollars ($ ________________) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Wildomar, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect. 171
RIV #4835-2284-7769 v1
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety. When the work covered by the agreement is complete as determined by the City of Wildomar, the City will release the obligation of this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on ________________________________________.
NAME OF PRINCIPAL ________________________________________ ________________________________________
AUTHORIZED SIGNATURE(S):
By:
______________________________
______________________________
______________________________
______________________________
Title
______________________________
Title
______________________________
Title
(If Corporation, Affix Seal)
NAME OF SURETY: ________________________________________ AUTHORIZED SIGNATURE: ______________________________
Its Attorney-in-Fact
______________________________
Title
(If Corporation, Affix Seal)
Attach Notarial Acknowledgment Of Signatures Of Principal And Attorney-In-Fact. 172
173
ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (CFD MAINTAINED BMPs)
and
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (PRIVATELY MAINTAINED BMPs)
ATTACHMENT C
D
ATTACHMENT D
174
RIV #4839-5891-5168 v2
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT (CFD MAINTAINED BMPs)
THIS AGREEMENT, made and entered into this 12th day of October, 2022, by and between KCG Blue, LLC (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APN 367- 020-038, , as recorded by deed in the land records of Riverside County, California, Deed Book 10 Page 58, (the "Property").
WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan/Subdivision Plan known as Precise Grade Plans (Portions of Lot 115, Sedco Tract Map No. 1), as approved by the City (the "Plan"), which is incorporated herein by reference, requires Landowner to prepare and implement a City-approved Water Quality Management Plan (the “WQMP”) that provides for stormwater quality treatment within the confines of the Property; and
WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities called for by the WQMP on the Property (the “Facilities”); and WHEREAS, Landowner intends to annex the Property into the City’s Community Facilities District No. 2022-1 (Services) (the “CFD”) for the purposes of having the City maintain and inspect one or more of the Facilities.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.
3. Upon the completion of the annexation of all or a portion of the Property into the CFD and upon the commencement of CFD services for the development, Landowner’s obligation to maintain the Facilities specified in the annexation proceedings and resolutions as being maintained through the CFD (the “CFD Maintained Facilities”) shall cease. If the Property is subsequently deannexed or otherwise removed from the CFD then the Landowner, its successors and assigns, including any homeowners association, shall resume all of the obligations of this agreement, including but not limited to the duty to maintain and inspect, with respect to the CFD 175
RIV #4839-5891-5168 v2
Maintained Facilities.
4. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report. This section does not apply to any CFD Maintained Facilities.
5. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary. This section does not apply to any CFD Maintained Facilities.
6. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. This section does not apply to any CFD Maintained Facilities.
7. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.
This section does not apply to any CFD Maintained Facilities.
8. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
9. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.
10. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.
11.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 176
RIV #4839-5891-5168 v2
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.
12.Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
WITNESS the following signatures and seals:
KCG Blue, LLC
Company/Corporation/Partnership Name (Seal)
By:____________________________________
Name: ________________________________
Title: _________________________________
________________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
177
RIV #4839-5891-5168 v2
CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk
APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
178
RIV #4813-1696-2656 v2
STORMWATER MANAGEMENT/BMP
FACILITIES AGREEMENT
THIS AGREEMENT, made and entered into this 12th day of October, 2022 , by and between KCG Blue, LLC (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").
RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APN 367- 020-038, as recorded by deed in the land records of Riverside County, California, Deed Book 10, Page 58, (the "Property").
WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan known as Precise Grade Plans (Portions of Lot 115, Sedco Tract Map No. 1), as approved by the City (the "Plan"), which is incorporated herein by reference, provides for stormwater quality treatment within the confines of the property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities (the “Facilities”) on the Property.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:
1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.
3. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report.
4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary.
5. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and 179
RIV #4813-1696-2656 v2
to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City.
6. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.
7. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.
8. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.
9. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.
10.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.
11.Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
WITNESS the following signatures and seals:
KCG Blue, LLC
Corporation (Seal)
By: ______________________________________
Name: __________________________________
Title: ____________________________________
_______________________________________
180
RIV #4813-1696-2656 v2
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY
THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk
APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
181
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.11
Meeting Date: October 12, 2022
SUBJECT:
Sixth Amendment to the Professional Services Agreement with Parsons Transportation Group for Bundy Canyon Road Project SUBMITTED BY:
Jason Farag
PREPARED BY:
Warren Repke, Senior Project Manager
ACTION:
Authorize City Manager to execute the Sixth Amendment with the Parsons Transportation Group for Engineering Services for Segment 2 of the Bundy Canyon Road Project in the amount of $64,700.
SUMMARY:
The City previously entered into a professional services agreement and previous amendments with Parsons Transportation Group (Parsons) to provide various environmental, design and construction services for the Bundy Canyon Road Improvement Project (Project). Staff is pursuing the preparation of design and environmental documents to construct Segment 2 of the Project (Segment 2). At staff's request, Parsons submitted a proposal to provide requested initial services as an amendment to their current agreement.
BACKGROUND:
The City and Parsons entered into a Professional Services Agreement (Agreement) on September 10, 2014 to prepare construction and environmental documents for the Improvement of Bundy Canyon Road from Cherry Street to the eastern City limits. Previous amendments to the Agreement have been approved by the City Council to provide required additional services necessary to construct Segment 1 of the Project from Cherry Street to 1200 feet east of Oak Canyon Drive and to prepare plan revisions and updates to accommodate an SB 821 Grant to provide sidewalk and bike lanes. The original contract amount and subsequent amendments resulted in a total contract amount of $1,311,563.71.
DISCUSSION:
Staff is beginning the development of construction and environmental documents for the construction of Segment 2 of the Project from 1200' east of Oak Canyon to The Farm Road.
To start this process, staff requested a proposal from Parsons to perform required initial 182
services including processing of Regulatory Permits from the various regulatory agencies, utility coordination, preparing an environmental checklist required by FEMA to process a proposed Office of Emergency Services (OES) grant, and a design review to recommend cost saving project revisions. Attachment A is the proposed Sixth Amendment to the Agreement and includes Parsons' proposed scope of work with a total additional fee amount of $64,700.
Upon completion of these initial services, additional services will be required to complete the final construction documents.
Staff recommends that the City Council authorize the City Manager to execute the Sixth Amendment to the Professional Services Agreement with Parsons Transportation Group.
FISCAL IMPACT:
Funding for the services has been included in the Capital Improvement Program for the 2022- 23 FY as approved by the City Council. Funding will be from the available TUMF funds for Bundy Canyon Road.
ACCOUNT CODE:
Project:
CIP 026-2
Fund No:
503-909-0002-52115
Phase:
Environmental = $49,500
Design / PS&E = $15,200
ATTACHMENTS:
A - Sixth Contract Amendment.pdf
183
SIXTH 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 October 12, 2022
RIV #4844-0876-1400 v1
184
RIV #4844-0876-1400 v1 -2-
SIXTH AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT FOR
ENGINEERING SERVICES FOR THE BUNDY CANYON ROAD IMPROVEMENT
PROJECT
This Sixth Amendment to Agreement for Design Professional Services ( “Sixth 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 Fir st Amendment to Agreement for additional Design Professional Services on October 12, 2016.
C. City and Design Professional approved a Second Amendmen t 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 Professiona l approved a Fourth Amendment to Agreement for additional Design Professional Services on October 28, 2021.
F. City and Design Professiona l approved a Fifth Amendmen t to Agreement for additional Design Professional Services on July 13, 2022.
G. Sections 2 and 4 o f the Agreemen t provide the Scope and Cost fo r the performance of the services, respectively.
H. This Sixth Amendment amends Section 2 to provide that the Service Provider provide additional design and environmental services for Segment 2 from 1600’ east of Oak Canyon Drive to 600’ east of The Farm Road.
G. This Sixith Amendment amends Section 4 to increase the agreemen t cost to $1,376,262.71.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Sixth Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreemen t is hereby modified and amended as
follows:
185
RIV #4844-0876-1400 v1 -3-
1.1 Scope of Serv ices & S chedule of Performance . Exhibit ‘A’, Scope of Services, of Section 2 of the Agreement is hereby amended to add as follows:
a. Additional services, as detailed in Exhibit ‘A’ attached to this amendment.
1.2 Compensation and Me thod 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 seventy six thousand two hundred sixty two dollars and seventy one cents ($1,376, 262.71), 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. Design & Environmental Services: $64,700.00
2. GENERAL PROVISIONS.
2.1 Remainder Unchanged . Except as specifically modified and amended in this Sixth Amendment, the Agreement remains in full force and effect and binding upon the parties.
2.2 Integration. This Sixth 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 tra nsaction discussed in this Sixth Amendment.
2.3 Effective Date. This Sixth Amendment shall not become e ffective 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 th e State of California shall govern the interpretation and enforcement of this Sixth Amendment.
2.5 References . All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Sixth Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Sixth Amendment.
186
RIV #4844-0876-1400 v1 -4-
IN WITNESS WHEREOF, the parties hereto have executed this Sixth 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: __________________________
187
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 instrumen t 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
188
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 satisfacto ry evi dence 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 pers on(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 fo regoing 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 fra udulent 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
189
EXHIBIT "A"
Amended Scope of Work
For CIP 28-2 Bundy Canyon Road Improvement Project (Segment 2)
A. Initial Design Development Phase (Segment 2)
The purpose of this Phase is to reevaluate the project requirements and develop cost saving ideas for Bundy Canyon Road Improvement project (Segment 2: from 1,400’ East of Oak Canyon Road to The Farm Road).
Work will be performed according to the Design Development Scope discussed as follows:
• Meet with City staff to discuss the existing 100% plans dated April 2019 plans and receive initial staff input (5 hours)
• Review and analyze the Segment 2 plans and develop a list of potential project revisions (75 hours)
Exclusion: Quantity take off and construction cost estimates
Deliverable: Summary of Proposed Design Revisions
B. Utility Coordination (Segment 2)
Parsons shall continue coordination effort with all wet and dry 3rd party utility owners and as follows:
• Request latest facility as-built information (5 hours) • Identify all potential utility conflicts with project design (15 hours) • Prepare utility coordination tracking spreadsheet (20 hours)
Assumptions:
Total of 8-month coordination effort is anticipated prior to begin of Segment 2 design phase.
C. Environmental Permitting (Segment 2)
Parsons shall coordinate, prepare, submit, and secure approvals from resource agencies for the following Segment 2 regulatory permit application packages:
• Section 404 U.S. Army Corps of Engineers Permit (70 hours) • Section 401 Water Quality Standards Certification (70 hours) • Section 1602 California Department of Fish and Wildlife (CDFW) (70 hours)
Deliverables: Approved Section 404 permit, 401 permit and Section 1602 CDFW permit
D. Complete FEMA EHP Checklist and Required Information
190
Parsons to assist the City with its application for the Federal Emergency Management Agency (FEMA) Flood Mitigation Grant by providing the information necessary to meet NEPA requirements for Segment 2. Consultant shall submit the necessary information to the City for submission to FEMA for their review and approval using the Hazard Mitigation Assistance Grants’ Environmental and Historic Preservation Information Checklist provided by the Governor's Office of Emergency Services (Cal OES).
The checklist details the minimum needed for the Federal Emergency Management Agency (FEMA) to carry out Environmental and Historic Preservation (EHP) review of a Hazard Mitigation Assistance (HMA) grant including the following:
• Coordinate with engineers to obtain plans and engineering information needed for the checklist (25 hours)
• Compile information to show project compliance with the NHPA, ESA, WC, CWA, RHA, Floodplain and Wetlands and EJ EOs, CZMA, FPPA, RCRA, CERCLA, and other environmental and historic preservation regulations. While we may use the EIR for the project to obtain some of the information, there will be a need for additional research on the project site and the proposed improvements (55 hours)
• Complete field visits to obtain necessary photographs to document “existing” conditions for on-site vegetation (including a tree survey) and impacted structures (15 hours) • Complete EHP checklist (10 hours)
• Respond to additional information requests from the City and FEMA (15 hours)
Deliverable: Completed Environmental and Historic Preservation Information Checklist.
191
Tasks Total
Hours
Billing
Rates Total Cost
Prepare and develop summary of Proposed Segment 2 Design Revisions 80 115.00$ 9,200.00$ A. Initial Design Development Phase 80 9,200.00$
8-month utility coordination effort 40 150.00$ 6,000.00$ B. Utility Coordination 40 6,000.00$
Prepare regulatory permit application packages 150 150.00$ 22,500.00$ Address permit review comments 60 150.00$ 9,000.00$ C. Environmental Permitting (Segment 2) 210 31,500.00$
Prepare and complete Environmental and Historic Preservation Information Checklist 120 150.00$ 18,000.00$ D. Complete FEMA EHP Checklist and Required Information 120 18,000.00$ 64,700.00$
EXHIBIT B
AMENDMENT No. 6
TASK SUMMARY
Total Amendment No. 6
192
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: October 12, 2022
SUBJECT:
Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force
SUBMITTED BY:
Jason Farag
PREPARED BY:
Jason Farag, Senior Engineer
ACTION:
Approve Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake Total Maximum Daily Load (TMDL) Task Force (Amendment), as of June 30, 2022.
SUMMARY:
The City is part of the Lake Elsinore and Canyon Lake TMDL Task Force, which is made up of several different member agencies. The Task Force operates under an agreement between the members with the purpose of achieving and demonstrating required compliance with water quality goals in Lake Elsinore and Canyon Lake. This amendment extends the expiration date of the Task Force agreement.
BACKGROUND:
In 1998, the Santa Ana Regional Water Quality Control Board (Regional Board) designated Lake Elsinore and Canyon Lake as “impaired water bodies” because of high levels of algae in both lakes and low dissolved oxygen in Lake Elsinore. As a result of this designation, the Regional Board amended the Water Quality Control Plan for the Santa Ana River Basin (Basin Plan) to incorporate nutrient TMDLs for Canyon Lake and Lake Elsinore. The Basin Plan Amendment specifies an Implementation Plan, which holds specified stake holders (Task Force Agencies) individually and/or jointly liable for complying with the TMDLs by means of specific tasks to be completed by specified dates under penalty of law.
A Task Force Agreement was originally approved in 2006 prior to the City of Wildomar’s incorporation and was amended in 2009. Subsequently, a new agreement was approved in 2012 (Agreement) (Attachment A) and included the City of Wildomar for the first time. The Agreement outlines the activities and implements certain tasks required by the Implementation Plan, pursues TMDL related tasks agreed upon by the Task Force Agencies, specifies the 193
representation on the Task Force, establishes the Lake Elsinore and San Jacinto Watersheds Authority as the Task Force Administrator, and specifies how the costs will be shared among the Task Force Agencies. Each agency has one representative on the Task Force and receives one vote per $1,000 of cost share assigned to the agency.
DISCUSSION:
The current Agreement's expiration date, which was extended by two prior amendments (Amendment No. 1 and Amendment No. 2), was June 30, 2022. Earlier this year, the TMDL Task Force began the process to amend and extend the Agreement for another five years, to June 30, 2025. This amendment is presented as Amendment No. 3 to the Agreement (Amendment) and is included as Attachment B. The Amendment also contains a provision that stipulates the option that the Agreement, while still in full effect, may be extended an additional two years, to June 30, 2027, by means of Administrative Action by the Task Force Administrator.
To continue as a member of the TMDL Task Force, the City must agree to and execute Amendment No. 3. Choosing not to approve the Amendment would remove the City from the TMDL Task Force and significantly increase the City's costs to comply with the Regional Board's water quality goals for Lake Elsinore.
FISCAL IMPACT:
Approving the Amendment and extending the agreement will require that the City continue to cost share in the TMDL Task Force and continue to spend staff time participating in the Task Force for the term of the Agreement. These costs have been accounted for and included in the approved FY 2022/2023 budget and are accounted for in the regular operating budget.
ATTACHMENTS:
A - Agreement and Amendments 1 & 2
B - Amendment No. 3
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
k/Admin/Contracts/Drafted/Planning/LE&CLTMDLAmend1to2012Agmt
AMENDMENT NO. 1
TO THE
AGREEMENT TO FORM THE
LAKE ELSINORE AND CANYON LAKE
TMDL TASK FORCE
Pursuant to Covenants II, Section 21. of that certain AGREEMENT entitled, “Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force” (“Task Force Agreement”), dated June 18, 2012; and
Whereas this Task Force Agreement initially had been prepared for a five-year term and therefore is set to expire on the date of June 30, 2017, the TASK FORCE AGENCIES as named in the Agreement (Exhibit A), hereby agree to the following changes:
I. Extend the term of the Task Force Agreement to June 30, 2020, and
II. Stipulate the option that the Agreement, while still in full force and effect, may be extended an additional two years, to June 30, 2022, by means of Administrative Action by the Task Force Administrator.
Except as otherwise expressly amended herein, all of the terms, conditions, and provisions of the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force (Exhibit A) shall continue in full force and effect.
This Amendment No. 1 may be executed in original counterparts, which together shall constitute a single Agreement document.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below.
LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY (LESJWA)
BY _________________________________________________________ Mark Norton, LESJWA Authority Administrator Date
247
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CALIFORNIA DEPARTMENT OF TRANSPORTATION
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
Attorney Date
248
3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
Attorney Date
249
4 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF BEAUMONT
By:____________________________________________
Mayor
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
250
5 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF CANYON LAKE
By:____________________________________________
Mayor
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
251
6 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF HEMET
By:____________________________________________
Mayor
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
252
7 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF LAKE ELSNIORE
By:____________________________________________
Mayor
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
253
8 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF MENIFEE
By:____________________________________________
Mayor
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
254
9 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF MORENO VALLEY
By:____________________________________________
Mayor
Date:___________________________________________
ATTEST:
By:____________________________________________
City Clerk
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
255
10 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF MURRIETA
By:____________________________________________
Mayor
Date:___________________________________________
ATTEST:
By______________________________________________
City Clerk
256
11 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF PERRIS
By:____________________________________________
Mayor
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
257
12 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF RIVERSIDE
By:____________________________________________
City Manager
Date:___________________________________________
ATTEST:
By:_____________________________________________
City Clerk
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
258
13 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF SAN JACINTO
By:____________________________________________
Mayor
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
259
14 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF WILDOMAR
By:____________________________________________
Mayor
Date:___________________________________________
APPROVED AS TO FORM
By______________________________________________
City Attorney Date
260
15 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
Recommended for Approval:
COUNTY OF RIVERSIDE
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
ATTEST:
By:_____________________________________________
City Clerk
APPROVED AS TO FORM
By______________________________________________
County Counsel Date
261
16 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
EASTERN MUNICIPAL WATER DISTRICT
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
262
17 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
263
18 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
MARCH JOINT POWERS AUTHORITY
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
264
19 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
Recommended for Approval:
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
APPROVED AS TO FORM:
By:____________________________________________
County Counsel
ATTEST:
By:____________________________________________
Clerk of the Board
265
20 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
U.S. AIRFORCE (MARCH AIR RESERVE BASE)
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
266
21 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
WESTERN RIVERSIDE COUNTY AGRICULTURAL COALITION
On behalf of the participating Dairy Operators and participating Agricultural Operators in the San Jacinto River Basin
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
267
22 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
SANTA ANA REGIONAL WATER QUALITY CONTROL BOARD
By:____________________________________________
Title:___________________________________________
Date:___________________________________________
268
269
LECL TMDL Task Force – Amendment 3 to 2012 Agreement
AMENDMENT NO. 3
TO THE
AGREEMENT TO FORM THE
LAKE ELSINORE AND CANYON LAKE
TMDL TASK FORCE
Pursuant to Covenants II, Section 21. of that certain AGREEMENT entitled, “Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force” (“Task Force Agreement”), dated June 18, 2012; and
Whereas this Task Force Agreement initially had been prepared for a five-year term and subsequently twice extended for additional five-year terms and therefore is set to expire on the date of June 30, 2022.
Therefore, the TASK FORCE AGENCIES as named in the Agreement (Exhibit A), hereby agree to the following changes:
I. Extend the term of the Task Force Agreement to June 30, 2025, and
II. Stipulate the option that the Agreement, while still in full force and effect, may be extended an additional two years, to June 30, 2027, by means of Administrative Action by the Task Force Administrator.
Except as otherwise expressly amended herein, all of the terms, conditions, and provisions of the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force (Exhibit A) shall continue in full force and effect.
This Amendment No. 3 may be executed in original counterparts, which together shall constitute a single Agreement document.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below.
LAKE ELSINORE AND SAN JACINTO WATERSHEDS AUTHORITY (LESJWA)
BY _________________________________________________________ Mark Norton, LESJWA Authority Administrator Date
270
2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 to the Agreement to Form the Lake Elsinore and Canyon Lake TMDL Task Force, on the dates set forth below
CITY OF WILDOMAR
By:____________________________________________
Ben J. Benoit, Mayor
Date:___________________________________________
ATTEST:
By:_____________________________________________
Janet Morales, City Clerk Date
APPROVED AS TO FORM:
By______________________________________________
Thomas D. Jex, City Attorney Date
271
CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: October 12, 2022
SUBJECT:
FY 2022-23 1st Quarter Budget Report
SUBMITTED BY:
Robert
Howell
PREPARED BY:
Adam Jantz, Senior Administrative Analyst
ACTION:
Review and accept the Fiscal Year 2022-23 1st Quarter Report.
SUMMARY:
FY 2022-23 1st Quarter Budget Report
BACKGROUND:
The City Council adopted the FY 2021/22 & FY 2022/23 Biennial Budget on June 9th, 2021.
At that time each department developed a set of goals and objectives to be accomplished over the two-year budget cycle, and were included in the Biennial Budget Book. As the City has completed FY 2021/22 and the first quarter of FY 2022/23, the City is presenting a status report on the goals and objectives.
The quarterly report does not contain any requested revenue or expenditure adjustments.
DISCUSSION:
This 1st Quarter budget report for Fiscal Year 2022-23 reflects a departure from the City’s normal financial reports. As there are no budget adjustments in this review, the individual departments are instead reporting on the progress of their two-year budget short-term goals and objectives.
The Biennial Budget Book identified five major goals for the City departments to follow in order to keep in line with the Vision statement. These goals are:
• Responsible Growth
• Conservative Fiscal Management
• Provide a Healthy and Safe Environment
• Infrastructure
272
• Community Engagement
At the adoption of the FY2022/23 Amended Budget, management identified three major items under these goals to focus on for the remainder of the budget cycle.
One of these items is the General Plan Update. This update will set guidelines for development within the City in order to ensure responsible growth is upheld. A designated webpage for the update was created and input from the public was collected in keeping with the goal of Community Engagement. Several technical advisory meetings were also held with the public invited to attend.
The second item is the Bundy Canyon Road Widening project. Completing this infrastructure project is a major goal of the City. Construction started over the last year and Phase I is scheduled to be completed by the end of 2022.
The third item the City is focusing on is Community Engagement. Wildomar has been holding Coffee with the City and Coffee with the Mayor meetings regularly. Monthly e-newsletters are also being sent out to keep the public informed and engaged. The Economic Development Department also hosts a Commercial Estate Meet-up and Bright Business class. In addition, a new agenda management program was recently implemented to improve access to public records for staff and individuals on the website.
These items will continue to be a major focus for staff. In addition to those three items, each department has its own set of goals and objectives. The statuses of each department's short- term goals and objectives are included in the attached report.
FISCAL IMPACT:
There are no fiscal impacts included with this report.
ATTACHMENTS:
FY2023 1st Quarter Budget Review Presentation.pptx
FY2023 1st Quarter Budget Update Department Report
273
CITY OF WILDOMAR
1ST QUARTER REPORT
OCTOBER 12TH, 2022
ADAM JANTZ – SENIOR ADMINISTRATIVE ANAL YST
274
• Responsible Growth
• Conservative Fiscal Management
• Provide a Healthy and Safe Environment
• Improve Infrastructure
• Community Engagement
FY2022 & FY2023 CITY GOALS
275
• Zoning Consistency – 1/12/2022
• Housing Element Update - 10/13/21
• General Plan Update – 25% Complete
• Landscape Design Standards – 6/8/22
• Inland Valley Hospital
• Kaiser Medical Office Building
• Adopted New Development Impact Fees
to Ensure Future Facilities are Funded
RESPONSIBLE
GROWTH
276
• Building General Fund Reserve
• FY2022 Sales & Property Tax Revenue
Exceeded Estimates
• New Auditors Have Been Selected
• Investment Advisor RFP
• Banking Services RFP
CONSERVATIVE FISCAL
MANAGEMENT
277
• New Code Enforcement Team
• Flock Cameras
• Expanded Medic Squad Staff
• Funded Permanent Supportive Housing
and Case Management Services
• Community Cleanups of Homeless
Encampments & Rubbish
PROVIDE A HEALTHY
AND SAFE
ENVIRONMENT
278
• Bundy Canyon Widening
• Completion of Phase I End of 2022
• Palomar/Clinton Keith Sidewalks
• Pavement Rehab and Maintenance
• Cemetery Master Plan – Planning
Completed
IMPROVE
INFRASTRUCTURE
279
• Reopen City Hall with New Welcome
Center – November 2021
• Mayor’s Minute
• Monthly Newsletters
• Coffee with the City/Mayor
• More Special Events Involving Safety
Personnel
• New Agenda Management Software for
Better Public record Availability
COMMUNITY
ENGAGEMENT
280
QUESTIONS?
281
Objective: Allow more in-person interaction with constituents provided pandemic recedes.
Status: On-going. Operations and meetings are back to pre-pandemic status. Added Coffee with Mayor and re-started Chamber Coffee with City.
Objective: Appoint committee members that provide oversight to Measure Z and Measure AA funds to ensure that monies are being spent properly.
Status: Complete.
Objective: Approve the reopening of City Hall.
Status: Complete.
Objective: Encourage economic development to help businesses in the community recover from lockdowns.
Status: On-going. Approved Temporary Use Permit for outdoor dining and other venues; added a provision for commercial land owners and tenants to submit a Plot Plan Amendment for permanent outdoor dining. Approved and commenced Business License 1-year Fee Holiday.
Objective: Implements the City policies set forth by the City Council.
Status: On-Going.
Objective: Safely re-open City Hall
Status: Complete.
Objective: Open new “Welcome Center” in current City Hall facilities to improve customer service and improve community engagement.
Status: Complete.
Objective: Implement new ERP (Enterprise Resource Planning) software for the City to improve service delivery and community interaction.
Status: Initiated. Attended Tyler seminar because they oversee current Eden system and offer an upgraded ERP. 1st Quarter develop goals, objectives and timeline of ERP purchase and implementation; Identify top ERP systems capable of meeting goals and objectives; schedule demonstrations from service provider.
Objective: Implement Agenda Management Software
Status: Implemented July 1, 2022.
Objective: Coordinate the City’s redistricting process
Status: Completed March 2022.
Objective: Coordinate the City’s Election in November 2022 Status: In progress to be completed Dec 2022.
City Council
1st Quarter Department Updates
City Manager
City Clerk
282
Objective: Active participation in agenda and other staff meetings to stay informed on pending City issues and specific implementation of City policies.
Status: City Attorney’s office has attended all agenda and staff meetings to actively participate in providing legal advice in order to implement Council goals and objectives.
Objective: Anticipate legal issues that may be an outcome of a particular course of action and develop strategies to achieve policy objectives while reducing legal risk.
Status: The City Attorney continues to advise the Council and Executive Management of potential legal risks.
Objective: Provide high quality and cost-effective legal services.
Status: Ongoing.
Objective: Serve as an effective member of the management team.
Status: City Attorney’s office is actively participating in executive team management decisions and strategic implementation of Council goals and policies.
Objective: Maintain Council and staff confidence while informing of legal risks a proposed course of action may generate.
Status: The City Attorney has provided legal advice in a multitude of different areas of including but not limited to contracts, professional agreements, development concerns, and personnel issues.
Objective: Increase Wildomar attendance at business events both locally and regionally Status: Ongoing. Hosts Coffee with the City, Coffee with the Mayor, Small Business Roundtable, and Bright Business. Attends Murrieta/Wildomar Chamber meetings.
Objective: Get at least one piece of dirt moving with something new and unique for Wildomar Status: Ongoing. Regular meetings are held with developers, landowners, and hoteliers.
Objective: Better engagement with Legislative Updates related to issues that affect our businesses Status: Ongoing. Weekly review on active legislation with Gonsalves & Sons and League of California Cities.
Objective: Provide Departments with conservative budget estimates.
Status: The City posted higher-than-anticipated revenues for Sales and Property taxes which will allow the general fund to increase its reserve balance.
Objective: Conduct a business registration audit to ascertain the status of all businesses in the Wildomar.
Status: The business registration audit is being conducted by HdL and began in August 2022 along with a fee holiday for unregistered businesses to encourage compliance.
Objective: Refining the Developer Deposit process to provide timely billing and improved fiscal management.
Status: Admin services is working with development to reconcile deposit accounts in anticipaton of eliminating deposit- based fees.
Objective: Conduct RFP (Request for Proposals) for new auditors for FY2021-22 audit as the current auditors have been utilized for 6 years.
Status: RFP was Completed and new auditors were selected. The FY2021/22 audit is in progress.
Objective: Update Fire Prevention fees.
Status: The City is conducting another development fee update to eventually eliminate deposit-based fees. The Fire Fee update is delayed until FY2024.
City Attorney
Economic Development
Administrative Services - Finance
283
Objective: Onboarding development staff.
Status: Onboarded three Building staff, four Code Enforcement staff, and two development engineering staff in FY2022.
Objective: Supports City staff so that they can implement the City’s Vision.
Status: Helped coordinate supervisor training events and employee development. The department is also planning to implement a Driver Safety & Vehicle Use Program by the end of FY2023.
Objective: Return in-person events to pre-Covid levels.
Status: Special Events for calendar year 2022 have been all in person. The events have been highly attended with positive response from the community.
Objective: Maintain clean park facilities to help limit virus spread.
Status: Janitorial services have been added to the Marna O'Brien and supplemental pressure washing services were conducted during the height of the pandemic.
Objective: Establish permanent support housing for the homeless.
Status: The City's outreach contractor obtained a house in Wildomar and currently provides housing and case services to unsheltered individuals.
Objective: Supports the City in accomplishing its goals.
Status: Covers general non-departmental operating costs such as cleaning and security in order to provide a healthy and safe environment for City staff so that they help the City achieve its goals.
Objective: Administer website to enable community engagement.
Status: The City is in the RFP stage of a website redesign and hopes to be completed over the next fiscal year.
Objective: Build-out and upgrade additional City Hall suites.
Status: Suites 109 and 110 were leased and combined into a new City Hall Welcome Center for the public.
Objective: Adoption of the 2021 – 2029 Housing Element & Safety Element update (6th cycle) as mandated by state law (by October 2021) to coordinate responsible growth.
Status: Council adopted on October 13, 2021 – good until Oct. 2029.
Objective: Adoption of the City’s “Zoning Consistency” program bring 254 500+ parcels into compliance with the Land Use Element of the General Plan.
Status: Council approved on January 12, 2022.
Objective: Establishing City-Wide Landscape Design Standards and Guidelines Status: Council adopted on June 8, 2022.
Objective: To hold monthly Planning Commission meetings over the next two years (24 meetings as needed) Status: Depending on entitlement & developer project case load – 11 PC meetings have occurred since 7/1/21).
Objective: Attend the annual Planning Commissioners Academy conference presented by the League of California Cities.
Status: Due to COVID the Planning Commission did not attend the March 2022 conference – but is planning to attend the March 2023 conference.
Objective: Receive quarterly training sessions from the Planning Department and City Attorney’s office related to the Development Review process, California Environmental Quality Act (CEQA), Conflict of Interest & Ethics training, etc.
Status: The City has held 3 training sessions from 7/1/21 to Present.
Community Services and Parks
Human Resources
Non-Departmental/Facilities
Community Development Administration
Planning Commission
284
Objective: Contribute to a healthy and safe environment by ensuring development meets designated building standards.
Status: By performing thorough inspections Building is actively meeting this objective.
Objective: Monitor building activity for ADA compliance to improve safety for physically disabled.
Status: This is part of commercial tenant improvements inspections to ensure that the site accessibility meets Building Code requirements.
Objective: Obtain vehicles for inspectors.
Status: Has leased one vehicle.
Objective: Transition department from contract staff to City staff.
Status: Building has onboarded three fulltime city staff members in the Department and is currently using two contract employees.
Objective: Adoption of the city’s first Landscape Design Standards and Guidelines manual related to development projects.
Status: Adopted by Council on June 8, 2022.
Objective: Create a “Revenue-Neutral” Planning Department staffing budget.
Status: Since 2013.
Objective: Comprehensive General Plan Update/Zoning Code/EIR project.
Status: Project started in March 2022 – 25% complete.
Objective: Adoption of the 2021 – 2029 Housing Element & Safety Element update (6th cycle) as mandated by state law (by October 2021) to coordinate responsible growth.
Status: Council adopted on October 13, 2021 – good until Oct. 2029.
Objective: Adoption of the City’s “Zoning Consistency” program bring 254 500+ parcels into compliance with the Land Use Element of the General Plan.
Status: Council approved on January 12, 2022.
Objective: Oversee the development of the following high profile projects:
o Inland Valley Medical Center Expansion - Council approved on June 8, 2022 o Baxter Village MOB & Hotel - Council approved on November 11, 2020 o Oak Springs Ranch Phase II - Council Approved on August 11, 2021 o Wildomar Trail Town Center Mixed-Use Project - Council approved on September 8, 2021 o Clinton Keith Market Place Retail Center - Planning Commission approved on May 18, 2022 o Monte Vista Ranch Phase II Townhome Project - Council approved on December 15, 2021 Objective: Passing a grading ordinance.
Status: 5% complete. Draft ordinance should be available for review by the end of the year.
Objective: Establishing new City standards.
Status: 15% complete. Draft Standards are being created for department review and approval.
Objective: Plan Review Standard Checklist.
Status: 100% complete. All plan check applications and checklists have been updated and posted on the website.
Objective: Implementing new tracking system.
Status: 100% complete. In the absence of a new overall system, Land Development has implemented tracking for all plan reviews, entitlement reviews, and CFD annexations.
Building & Safety
Planning
Private Development
Status:
Development Engineering
285
Objective: Have at least two additional Commercial Cannabis facilities open over FY2021/22 with the remaining three approved businesses opening in FY2022/23.
Status: The Cities second cannabis store opened in FY2021/22. Two more are scheduled to open in FY2022/23. Two others have been delayed for 1-2 years and their local licenses were not renewed.
Objective: Work to provide a healthy and safe environment by enforcing municipal codes designed to protect the public.
Status: The Code Enforcement Department focuses on compliance over enforcement. Code works hard with every case received and even harder to provide the owner with quality service.
Objective: Improve fire safety with weed abatement enforcement.
Status: The Code Enforcement department is working with CAL Fire on weed abatement enforcement. The combined enforcement has been tremendously successful.
Objective: Purchase and implement new code enforcement software and reporting application.
Status: The Code Enforcement department has purchased Comcate for reporting software. City staff and residents find it user-friendly.
Objective: Purchase new uniforms, badges, and protective equipment.
Status: The department has purchased all of the aforementioned equipment.
Objective: After losing its contract code enforcement officer, the City decided to redesign the code department. The City hired two code officers and is hiring on a dedicated administrative analyst to answer calls and administer code complaints.
Status: The new CE department consists of a Code Supervisor, Senior Code Officer, Code Technician, and an Administrative Analyst.
Objective: Complete Bundy Canyon Road Widening Phase 1.
Status: Project is progressing, with construction currently scheduled to be complete by the end calendar year 2022.
Objective: Oversee the Road Rehabilitation project FY 20/21 Status: Staff identified additional residential slurry seal streets to be completed with funds available from the FY 20/21 Road Rehab budget cycle. Project PS&E is mostly complete, and staff is now evaluating the scheduling of the project. Potential scheduling includes a crack fill project in 2nd Quarter FY21/22, with the slurry seal portion of the project to be completed with the FY 21/22 Road Rehab project.
Objective: Prepare and bid the Road Rehabilitation project FY 21/22.
Status: Staff is evaluating which roads to include in the FY 21/22 project for rehab. Next steps are to finalize the road selections and begin preparation of the PS&E package.
Cannabis Compliance
Code Enforcement
Public Works/Engineering