Agenda packet — Wildomar City Council, April 12, 2023 (part 1 of 3)

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR

MEETING
WEDNESDAY, APRIL 12, 2023
Regular Session 6:00 PM
COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Joseph Morabito - Mayor/ Chair | District 3
Bridgette Moore - Mayor Pro Tem/ Vice Chair | District 4 Ashlee DePhillippo - Council Member/ Trustee | District 5 Carlos Marquez- Council Member/ Trustee | District 1
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 – REGULAR SESSION - 6:00 P.M.

ROLL CALL

FLAG SALUTE

PRESENTATIONS

1. Proclamation: DMV Donate Life Month

2. Proclamation: National Volunteer Month

DEPARTMENT REPORTS
General Plan Update Progress Report #10

Presented By: Matthew Bassi, Planning Department
RECOMMENDATION:

Receive and File.

Public Works/Engineering - Bundy Canyon Rd. Construction Update

Presented By: Jason Farag, Public Works/ Engineering Department RECOMMENDATION:

Receive and file the Bundy Canyon Rd. Construction Update from the Public Works/Engineering Department
Public Works/Engineering - Road Construction Updates

Presented By: Jason Farag, Public Works/ Engineering Department RECOMMENDATION:

Receive and file the Road Construction Updates from the Public Works/Engineering Department
Legislative Update

Presented By: Kimberly Davidson, Economic Development Department RECOMMENDATION:

Staff recommends that the City Council receive and file the Legislative Update.

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 discussion and/or action.

1.1 Reading of Ordinances

RECOMMENDATION:

Approve the reading by title only of all Ordinances on this agenda.

1.2 Minutes-January 18, 2023 - Regular Meeting

RECOMMENDATION:

Approve the minutes as presented.

1.3 Minutes-February 8, 2023 - Regular Meeting

RECOMMENDATION:

Approve the minutes as presented.

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
Minutes-March 8, 2023 - Regular Meeting

RECOMMENDATION:

Approve the minutes as presented.

1.5 Warrant Register March 2023

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 03-02-2023 in the amount of $144,775.09.

2. Warrant Register dated 03-09-2023 in the amount of $166,748.55.

3. Warrant Register dated 03-16-2023 in the amount of $521,853.39.

4. Warrant Register dated 03-23-2023 in the amount of $38,565.67.

5. Warrant Register dated 03-28-2023 in the amount of $5,636,837.71.

6. Wire Transfer Register dated 03-31-2023 in the amount of $5,286,725.42.

7. Payroll Register dated 04-01-2023 in the amount of $289,247.80.

1.6 February 2023 Treasurers Report

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Staff recommends that the City Council approve the Treasurer’s Report for February 2023.

1.7 Second Amendment to Design Professional Services Agreement with Mark Thomas Corporation for the Palomar Street/Wildomar Cemetery Improvement Project (CIP 028-2)

Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

Authorize the City Manager to execute the Second Amendment to the Design Professional Services Agreement for additional engineering services for the Palomar Street/Wildomar Cemetery Project.

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
4 1.8
Ordinance No. 228 - 2nd Reading (ZOA No. 2023-01):

Presented By: Matthew Bassi
, Planning Department
RECOMMENDATION:

The Planning Commission recommends that the City Council adopt an Ordinance entitled:

ORDINANCE NO. 228

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, ADOPTING A GENERAL RULE EXEMPTION IN ACCORDANCE WITH SECTION 15061(B)(3) OF CEQA, AND AMENDING CHAPTER 17.290 OF

WILDOMAR MUNICIPAL CODE RELATED TO DENSITY BONUSES AND

OTHER INCENTIVES

1.9 Ordinance No. 229 - 2nd Reading - ZOA No. 2023-02:

Presented By: Matthew Bassi
, Planning Department
RECOMMENDATION:

The Planning Commission recommends that the City Council adopt an Ordinance entitled:

ORDINANCE NO. 229

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING CHAPTER 17.320 (BOARDING HOUSES AND GROUP HOMES) TO TITLE 17 (ZONING) AND AMENDING SECTION 17.208.010 OF

THE WILDOMAR MUNICIPAL CODE REGULATING BOARDING HOUSES AND

GROUP HOMES, AND FINDING THIS ORDINANCE TO BE EXEMPT FROM CEQA REVIEW PURSUANT TO CEQA GUIDELINE 15061(B)(3)

1.10 Ordinance No. 230 - Fireworks Code Amendment:

Presented By: Thomas D Jex
, City Attorney
RECOMMENDATION:

Staff recommends that the City Council adopt an Ordinance entitled:

ORDINANCE NO. 230

1.11 Services Agreement with Placeworks, Inc. for the preparation of CEQA Documents (IS/MND) for the 27-Acre Park (CIP 062)

Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

Authorize the City Manager to execute a Services Agreement with Placeworks, Inc. for the preparation of CEQA Documents for the 27-Acre Park

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
5 1.12
Authorization to Enter into Settlement Agreements in Litigation Matter In re National Prescription Opiate Litigation (U.S.D.C. Case No. 1:17-CV-2804)

RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2023 - _____ entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR

AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO

SETTLE CLAIMS AGAINST CVS, ALLERGAN, TEVA, WALMART, AND

WALGREENS IN THE NATIONAL OPIOID LITIGATION

1.13 Notice of Completion - Palomar Street/Clinton Keith Road Sidewalk, Trail and Bike Lane Connectivity Project (CIP 059)

Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

Adopt a Resolution entitled:

RESOULTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA ACCEPTING THE PALOMAR STREET/CLINTON KEITH ROAD SIDEWALK, TRAIL, AND BIKE LANE CONNECTIVITY PROJECT (CIP 059) AS

COMPLETE AND AUTHORIZING STAFF TO PREPARE AND FILE THE NOTICE

OF COMPLETION WITH THE RIVERSIDE COUNTY RECORDER

1.14 Music License Agreement for the City of Wildomar

Presented By: Daniel Torres
, Community Services Department
RECOMMENDATION:

Approve the agreements with BMI and ASCAP to obtain a license to play copyrighted music in public.

2. PUBLIC HEARINGS

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
6 2.1
Zoning Ordinance Amendment No. 2023-04 (EOT's)

Presented By: Matthew Bassi
, Planning Department
RECOMMENDATION:

The Planning Commission recommends the City Council take the following actions:

1. Determine that Zoning Ordinance Amendment No. 2023-04 meets the findings for a General Rule exemption in accordance with Section 15064(B)(3) of CEQA; and

2. Introduce and Approve for First Reading an Ordinance entitled:

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF CITY OF WILDOMAR,
CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2023-04 AMENDING CHAPTERS 17.200 (CONDITIONAL USE PERMITS), 17.208 (PUBLIC USE PERMITS) AND 17.216 (PLOT PLANS) OF THE WILDOMAR

MUNICIPAL CODE RELATED TO APPROVAL PERIODS, TIME EXTENSIONS

AND LITIGATION TIMEFRAMES FOR DEVELOPMENT APPLICATIONS AND FINDING ZONING ORDINANCE AMENDMENT NO. 2023-04 EXEMPT FROM CEQA

3. GENERAL BUSINESS

3.1 Third Workshop for FY2023/24 & FY2024/25 Biennial Budget

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Staff recommends that the City Council receive comments from the public regarding the development of the City’s Fiscal Year 2023-24 and 2024-25 Biennial Budget for Community Development and Public Works.

3.2 FY2023 3rd Quarter Budget Report

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Staff recommends that the City Council review and approve the Fiscal Year 2022- 23 3rd Quarter Budget Report, and adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING ADJUSTMENTS TO THE FY2022-23 BUDGETED

REVENUES AND EXPENSES

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
7 3.3
Committees, Commissions, and Board Appointments for 2023

Presented By: Harrison Tregenza
, City Clerk's Office
RECOMMENDATION:

1. Review the list of committees, commissions, and boards, update appointments, and/or add or remove committees as necessary.

3.4 Quality Business Incentive Program (QBIP)

Presented By: Kimberly Davidson
, Economic Development Department
RECOMMENDATION:

Staff recommends that City Council task the Finance Committee with researching/reviewing possible deal points to draft a policy for a new Quality Business Incentive Program (QBIP) that would encourage sensible growth and an increased quality of life in Wildomar.

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.

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

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
8 4.1
Warrant Register Cemetery March 2023

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 03-02-2023 in the amount of $14.99.

2. Warrant Register dated 03-09-2023 in the amount of $1,668.58.

3. Warrant Register dated 03-23-2023 in the amount of $653.82.

4. Warrant Register dated 03-30-2023 in the amount of $1,246.27.

4.2 February 2023 Cemetery Treasurers Report

Presented By: Adam Jantz
, Administrative Services Department

4.3 Cemetery District withdrawal from Golden State Risk Management Authority

Presented By: Daniel Torres
, Wildomar Cemetery
RECOMMENDATION:

Authorize the Community Services Director to submit a written notice to GSRMA requesting to withdraw from Authority.

5. CEMETERY PUBLIC HEARINGS

6. CEMETERY GENERAL BUSINESS

GENERAL MANAGER REPORT

FUTURE AGENDA ITEMS

ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
9 PARTICIPATION
The City of Wildomar encourages your participation in the meeting. The following options are available for the public to participate:

1. You may view the Regular Session meeting live on the City of Wildomar’s website at http://www.cityofwildomar.org or on cable TV through Frontier Channel 36 or AT&T channel

99. To view from the website, select the live stream link on the top of the front page.

2. You may participate in person.

PUBLIC COMMENT:

During Public Comment not on the agenda and after each Agenda Item, the Mayor will announce Public Comment. If you would like to speak on that item, please fill out a speaker slip and submit it in the inbox at the front of the room. When the City Clerk announces your name, please come up to the podium. Public Comments are limited to 3 minutes or such other time as the Council may provide. City Council members are not allowed to respond to public comments.

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:

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
10 CITY OF WILDOMAR

CC - REGULAR MEETING

DEPARTMENT REPORT
Meeting Date: April 12, 2023
SUBJECT:

General Plan Update Progress Report #10
SUBMITTED BY:

Matthew Bassi
PREPARED BY:

Matthew Bassi

ACTION:

Receive and File.

BACKGROUND:

Staff provided the City Council with the General Plan Update Briefing #9 at its last meeting on March 8, 2023. That briefing primarily covered the month of February 2023. The following is a summary of the recent task assignments completed during the month of March 2023 and the tasks/assignments coming forth over the next 30+ days. For more details and up-to-date items, please peruse the General Plan Update project website:
https://envisionwildomar2040.com.

DISCUSSION:

Tasks/Assignments Accomplished (previous 30 +/- days):
• Staff and Consultant Team held the General Plan Advisory Group meeting #4 on March 30, 2023.
• The GPAG focused their discussion on the proposed Circulation Plan. 10 public attendees were at the meeting.
• The GPU Consultant team continues to work on the final land use plan and circulation plan for the upcoming Planning Commission and City Council study sessions in April/May 2023. • Staff and Consultant team continue to conduct bi-weekly management meetings to keep the GP update process moving forward.

Upcoming Tasks/Assignments (Next 30 – 60 days +):
• Planning Commission and City Council study sessions/workshops are scheduled for April 19 (PC) and May 17 (CC);
• The study session meetings will focus on the final land use and circulation plan and staff will be seeking guidance on these documents.
11 • Upon completion of the City Council Study Session, the GPU team will kick off the EIR process and preparation of the goals and policies for all the general plan elements.

Website Stats/Information:
• Roughly 2,600 Unique visitors since website launch (June 14, 2022) • 232 total unique visitors in March 2023
• Average of 7 visitors per day in March 2023
• Spikes in visitation occurred on March 2 (30 Visitors), March 28 (34 visitors), March 29 (17 visitors). Increase in visitation near the end of the month coincided with a GPAG meeting held on March 30th

12 CITY OF WILDOMAR

CC - REGULAR MEETING

DEPARTMENT REPORT
Meeting Date: April 12, 2023
SUBJECT:

Public Works/Engineering - Bundy Canyon Rd. Construction Update
SUBMITTED BY:

Jason Farag
PREPARED BY:

Jason Farag

ACTION:

Receive and file the Bundy Canyon Rd. Construction Update from the Public Works/Engineering Department
SUMMARY:

This staff report presents an update on the construction of the Bundy Canyon Rd.

Improvement Project, Segment 1.

BACKGROUND:

The Bundy Canyon Rd. Improvement Project, Segment 1 (Project), includes the widening of Bundy Canyon Rd. from Cherry St. to approximately 1600' east of Oak Canyon Dr. The existing road is being widened from two lanes to four lanes, with turn lanes. The improvements also include new storm drains, intersection improvements, and two new traffic signals at the intersections of Sellers Rd. and Monte Vista Dr.

DISCUSSION:

The majority of the Project construction is substantially complete. Wet weather conditions have caused delays. The Oak Canyon Dr. intersection has been completed and reopened to traffic, and the final surface paving has been completed on the south side of Bundy Canyon Rd. Traffic has been moved back to the south side of the road. Remaining items of work on the Project include:

On-going temporary closure at Cherry St. to complete intersection related improvements Final paving improvements on the west end of the project, between the I-15 Freeway and Cherry St.

Replacement of a portion of paving that did not meet contract requirements Installation of traffic signage and striping and activation of traffic signals.

13 Based on the contractor's latest schedule, staff expects the project to be complete by mid- May, weather permitting.

The attached presentation includes photos showing recent progress on the Project and the scheduled upcoming activities to complete the Project. Staff has also created a webpage on the City’s website where users can check for more frequent updates about the Project. The webpage can be accessed by visiting the following URL:
https://www.cityofwildomar.org/community/construction_alerts

FISCAL IMPACT:

This Project is included in the approved Capital Improvement Program and in the approved budget. There is no impact to the City’s General Fund.

ATTACHMENTS:

Bundy Canyon Rd. Updates Presentation
14 Bundy Canyon Rd.

Construction
Updates
Public Works/Engineering Department
City of Wildomar
April 12, 2023
15 Bundy Canyon Rd. (City CIP)
• Final paving completed on south side of the road. Traffic moved back to south side of road. 16 Bundy Canyon Rd. (City CIP)
• Transition paving between new construction and existing pavement at east end of project completed. 17 Bundy Canyon Rd. – Traffic Control Impacts
BUNDY CANYON RD.

MONTE VISTA DR.

SELLERS RD.

CHERRY ST.

CANYON RANCH RD.

WALNUT CREEK DR.

Temp. Intersection
Closure (on-going)
18 Bundy Canyon:

One Month
Look-Ahead
Temporary intersection closures for improvements at Cherry St.

Intersection paving at I-15 N/B Ramps
Replacement of a portion of paving that did not meet contract requirements
Activation of Traffic Signals
Traffic signing and striping installation
Estimated Project Completion: Mid-May
• Note: Wet weather conditions caused delays. The above schedule is based on the contractor’s latest schedule.
19 Questions?
For regular updates, visit:
www.cityofwildomar.org/community/construction_alerts
20 CITY OF WILDOMAR

CC - REGULAR MEETING

DEPARTMENT REPORT
Meeting Date: April 12, 2023
SUBJECT:

Public Works/Engineering - Road Construction Updates
SUBMITTED BY:

Jason Farag
PREPARED BY:

Jason Farag

ACTION:

Receive and file the Road Construction Updates from the Public Works/Engineering Department
SUMMARY:

This staff report presents an update on major roadway construction projects occurring throughout the City.

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 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. 21 DISCUSSION:

The attached presentation includes summaries of recent progress and upcoming activities for the major projects with impacts on the City's roadway network. 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:

Road Construction Updates Presentation
22 Road
Construction
Updates
Public Works/Engineering Department
City of Wildomar
April 12, 2023
23 Palomar St./Clinton Keith Rd. (City CIP)
• Completed micro-surfacing, awaiting final traffic striping. Trail fencing installed. 24 Palomar St./Clinton Keith Rd. (City CIP)
• Widening and sidewalk improvements completed on Clinton Keith Rd., awaiting final striping. 25 Beazer
Homes:

Status
Update
Box Culvert
• First 5 cells of box culvert were poured April 6th.
• The first side should be completed in 3-4 weeks,
including the headwall.
• The second side will be poured after completion
of the first.

Grand Ave.
• Scheduling AC and finalizing traffic control plan.
• Work should commence in the next 2-3 weeks.
• Original County COAs require all offsite
improvements to be complete prior to issuing
more than 80 occupancies (out of 108).
26 McVicar St. Culvert Improvements
• Concrete poured on April 6
27 Villa Sienna:

Status Update
Scheduled to have in-tract paving
completed by the end of April
(weather dependent)
Jana Ln.:
• Street improvements are scheduled after
in-tract paving.
• The grader is cutting street grade (again)
next week in preparation for the paving
operation.
• Jana is projected to be open in June.
28 Questions?
For regular updates, visit:
www.cityofwildomar.org/community/construction_alerts
29 CITY OF WILDOMAR

CC - REGULAR MEETING

DEPARTMENT REPORT
Meeting Date: April 12, 2023
SUBJECT:

Legislative Update
SUBMITTED BY:

Kimberly Davidson
PREPARED BY:

Kimberly Davidson

ACTION:

Staff recommends that the City Council receive and file the Legislative Update.

SUMMARY:

The Legislative Platform provides guidance on bills to track, letters to send, and discussions to have with local representatives. This is an update of that activity.

BACKGROUND:

Council approved Wildomar's Legislative Platform on May 11, 2022.

FISCAL IMPACT:

There are no fiscal impacts.

ATTACHMENTS:

Legislative Update_4-12-2023.pptx
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32 • Gonsalves & Son (Lobbyist)
• League of California Cities
• Burke, Williams & Sorensen, LLP
• Southwest California Legislative Council (SWCLC)
• Corona Legislative Action Committee
• Direct Requests from “Partner” Agencies:
 Local Cities
 EVMWD
 Riverside County Sheriff’s Department
53"$,*/( 5)& #*--4
YOU can track them, too:
https://leginfo.legislature.ca.gov/
In addition, Bill hearings for the
Senate and Assembly can be
followed and watched at:
www.senate.ca.gov
www.assembly.ca.gov
33 California: 2,632 bills
introduced this year prior
to the February 17th bill
introduction deadline
34 )064& $0..*55&&4

1. Accountability and Administrative
Review Committee

2. Aging and Long-Term Care Committee

3. Agriculture Committee

4. Appropriations Committee

5. Arts, Entertainment, Sports, Tourism,
and Internet Media Committee

6. Banking and Finance Committee

7. Budget Committee

8. Business and Professions Committee

9. Communications and Conveyance
Committee

10. Education Committee

11. Elections Committee

12. Emergency Management Committee

13. Environmental Safety and Toxic
Materials Committee

14. Governmental Organization
Committee

15. Health Committee

16. Higher Education Committee

17. Housing and Community Development
Committee

18. Human Services Committee

19. Insurance Committee

20. Jobs, Economic Development, and the
Economy Committee

21. Judiciary Committee

22. Labor and Employment Committee

23. Local Government Committee

24. Military and Veterans Affairs
Committee

25. Natural Resources Committee

26. Privacy and Consumer Protection
Committee

27. Public Employment and Retirement
Committee

28. Public Safety Committee

29. Revenue and Taxation Committee

30. Rules Committee

31. Transportation Committee

32. Utilities and Energy Committee

33. Water, Parks, and Wildlife Committee
35 4&/"5& $0..*55&&4

1. Banking and Financial Institutions
Committee

2. Budget and Fiscal Review Committee

3. Business, Professions and Economic
Development Committee

4. Elections and Constitutional
Amendments Committee

5. Energy, Utilities and Communications
Committee

6. Environmental Quality Committee

7. Governance and Finance Committee

8. Housing Committee

9. Labor, Public Employment and
Retirement Committee

10. Natural Resources and Water
Committee

11. Senate Agriculture Committee

12. Senate Appropriations Committee

13. Senate Education Committee

14. Senate Governmental Organization
Committee

15. Senate Health Committee

16. Senate Human Services Committee

17. Senate Insurance Committee

18. Senate Judiciary Committee

19. Senate Military and Veterans Affairs
Committee

20. Senate Public Safety Committee

21. Senate Rules Committee

22. Senate Transportation Committee
36 -&55&34 0'
4611035 01104*5*0/ • Support for the City of Murrieta requesting funding for I-215/Keller Road Interchange project
• Oppose AB 2840 (Limiting local control of where we allow industrial) • Support for the Coachella Valley Rail Project Application for Consolidated Rail Infrastructure and Safety Improvements (CRISI) Grant Funding • Support for the Riverside County Transportation Commission Solutions for Congested Corridors and Local Partnership Grant Applications • Support for SB 602 (Extending the timeframes that Letters of Agency between peace officers and absentee property owners remain in effect) • Opposition for SB 423 (Wiener) Streamlined housing approvals:
multifamily housing developments: SB 35 Expansion
• Support for Grant Program Funding for the Coachella Valley Rail Project 37 +645 " '&8ʜ #*--4 50 8"5$)

TRANSPORTATION
• AB 6
• AB 7
• AB 744

ORGANIC WASTE
• AB 573

CANNABIS
• AB 1448
• SB 512

LOCAL GOVERNMENT
• AB 334
• AB 817
• AB 965
• AB 1637
• SB 544
• SB 602
• SB 769
38 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.1
Meeting Date: April 12, 2023
SUBJECT:

Reading of Ordinances
SUBMITTED BY:

Janet Morales

ACTION:

Approve the reading by title only of all Ordinances on this agenda. 39 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: April 12, 2023
SUBJECT:

Minutes-January 18, 2023 - Regular Meeting

ACTION:

Approve the minutes as presented.

ATTACHMENTS:

January 18, 2023 City Council Regular Meeting Minutes
40 MINUTES

CITY OF WILDOMAR

CITY COUNCIL/CEMETERY DISTRICT CC - REGULAR MEETING
WEDNESDAY, JANUARY 18, 2023

COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Adjourned Regular Session 6:00 PM
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez
Members absent: Dustin Nigg
CALL TO ORDER – ADJOURNED REGULAR SESSION - 6:00 P.M.

ROLL CALL
City Council: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez present, Dustin Nigg absent.

Staff in attendance: City Manager York, City Attorney Jex, City Clerk Morales, Planning Director Bassi, Acting City Treasurer Jantz, Economic Development Director Davidson, Associate Engineer Luna, Public Works Director Farag, Development Manager Stadnik, IT Technician Sung, and Community Services Director Torres.

FLAG SALUTE
The flag salute was let by George Cambero.

Mayor Morabito asked the Council and public take a moment of silence in honor of Riverside County Sherriff’s Deputy Darnell Calhoun.

PRESENTATIONS
None.

DEPARTMENT REPORTS

1. Public Works/Engineering - Road Construction Updates Councilmember Marquez recused himself for this item.

Public Works Director Farag and Development Manager Stadnik presented the report.

PUBLIC COMMENTS
The following individuals provided public comment:

1. Ken Mayes

2. Chance Edmonson
41 3. Cesar Marmolejo

4. Melanie Chauncer

5. Lieutenant Mike Portillo

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

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Bridgette Moore, seconded by Carlos Marquez to approve the agenda as presented.

Motion Approved: 4 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

1. CONSENT CALENDAR
Moved by Bridgette Moore, seconded by Carlos Marquez to approve the Consent Calendar.

Motion Approved: 4 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

1.1 Reading of Ordinances
42 Approved the reading by title only of all Ordinances on the agenda.

1.2 Minutes-October 26, 2022-Special Meeting
Approved minutes as presented.

1.3 Warrant Register December 2022
Approved the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 12-01-2022 in the amount of $1,364,722.52.

2. Warrant Register dated 12-08-2022 in the amount of $328,841.25.

3. Warrant Registers dated 12-14-2022 in the amount of $193,318.80.

4. Warrant Register dated 12-22-2022 in the amount of $1,181,727.83.

5. Wire Transfer Register dated 11-30-2022 in the amount of $53,132.06.

6. Payroll Register dated 12-01-2022 in the amount of $202,920.68.

1.4 November 2022 Treasurers Report
Approved the City Treasurer’s Report for November 2022.

1.5 General Plan Update Progress Report #7
Received and filed the report.

1.6 Second Reading and Adoption of Special Tax Ordinance for Community Facilities District No. 2022-3 (Services for KB Verano) Adopted and waived the further reading of an Ordinance entitled:

ORDINANCE NO. 227

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA

ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (SERVICES FOR KB VERANO) OF THE CITY OF

WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES

1.7 FY2022 Annual Development Impact Fee Report
Received and filed the report.

1.8 Mission Trail/Sedco Sidewalk Facilities Relocation Agreement with Southern California Edison (CIP 044-3)
Authorized the City Manager to execute the Facilities Relocation Agreement with Southern California Edison (SCE) for the design and relocation of ten (10) power poles along Mission Trail for the Mission Trail/Sedco Sidewalk Phase III Project (Project) and adopted a CEQA Categorical Exemption for the project pursuant to Section 15301(c) for improvements to existing highways and streets.

1.9 Records Management Retention Schedule Update
Adopted a Resolution entitled:
43 RESOLUTION NO. 2023 - 01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

UPDATING THE RECORDS RETENTION SCHEDULE FOR THE CITY

1.10 34831 Killarney Lane, Parcel 3 of Parcel Map 37276 - Precise Grading Agreement and Stormwater Management/BMP Facilities Agreement Authorized the City Manager to execute the Precise Grading Agreement and the Stormwater Management/BMP Facilities Agreement with Mr. Thanh T. Tran and Mrs.

Nguyen K. Tran and found that the project is categorically exempt from CEQA per Section 15315 (Minor Land Divisions – Class 15) of the CEQA Guidelines.

1.11 Consideration of annual reporting of completed State mandated fire and life safety inspections by the City of Wildomar in compliance with SB 1205 for Fiscal Year 2021-2022.

Adopt a resolution entitled:

RESOLUTION NO. 2023 - 02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE

RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE INSPECTION OF

CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146, and 17921 OF THE

CALIFORNIA HEALTH AND SAFETY CODE

1.12 Annual Statement of Investment Policy
Adopt a Resolution entitled:

RESOLUTION 2023 - 03

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, ADOPTING A STATEMENT OF INVESTMENT POLICY

1.13 Planning Commission Appointments (DePhillippo, Marquez, Morabito) Ratified Mayor Morabito's, Council Member DePhillippo's and Council Member Marquez's nominations to reappoint Commissioners Filar, Strong and Bernard to serve on the Planning Commission for another term ending December 2026.

1.14 Second Amendment to Agreement for Services between the City of Wildomar and HR Dynamics & Performance Management, Inc.

Approved the Second Amendment to the Agreement between the City of Wildomar and HR Dynamics & Performance Management, Inc. to provide Executive Recruitment for the Administrative Services Director, with an additional $22,500 added for the FY 2022/23 Human Resources Contractual Services budget.
44 1.15 Cultural Resource Treatment and Disposition Agreements between the City of Wildomar and Pechanga and Soboba Band of Luiseno Indians Authorize the City Manager to execute the "Cultural Resource Treatment and Disposition Agreement" between the City of Wildomar and Pechanga and Soboba Band of Luiseno Indians for the Wildomar Cottages Affordable Housing Project (PA 22-0024).

1.16 Memorandum of Understanding (MOU) with Riverside County Department of Environmental Health
Authorize the City Manager to execute the MOU between Riverside County Environmental Health Department and the City of Wildomar.

2. PUBLIC HEARINGS
None.

3. GENERAL BUSINESS

3.1 City of Wildomar FY2024 & FY2025 Biennial Budget Goals Workshop Acting City Treasurer Jantz presented the report.

3.2 Parks and Community Services Special Event Calendar and Marketing Community Services Director Torres presented the report.

Moved by Bridgette Moore, seconded by Carlos Marquez to approve the Parks and Community Services special events calendar through 2023 and Marketing.

Motion Approved: 4 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

3.3 Planning Commission Appointment (Mayor Pro Tem Moore) Mayor Pro Tem Moore presented the report.

Moved by Bridgette Moore, seconded by Ashlee DePhillippo to approve Mayor Pro Tem Moore’s nomination of George Cambero as a Planning Commissioner for a term ending December 2024.

Motion Approved: 4 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg
45 3.4 Termination Agreement Regarding Western Community Energy City Manager York presented the report.

Moved by Joseph Morabito, seconded by Carlos Marquez to authorize the Mayor to execute the agreement.

Motion Approved: 4 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

3.5 Proposed Revisions to the Traffic Signal Mast Arm Street Name Sign Blade Design
Public Works Director Farag presented the report.

Moved by Bridgette Moore, seconded by Ashlee DePhillippo to table the item for a future meeting.

Motion Approved: 4 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

CITY MANAGER REPORT

1. The Murrieta-Wildomar Chamber of Commerce will be holding a coffee event on February 15, 2023 at 8:30 A.M.

2. The 3rd General Plan Advisory Committee meeting will be taking place on February 2, 2023.

3. The City is recruiting for an Administrative Services Director.

4. Kimberly Davidson is now serving as the acting Administrative Services Director, Adam Jantz is serving as acting City Treasurer, and Janet Morales is serving as the acting Risk Manager.

FUTURE AGENDA ITEMS
Mayor Morabito asked for staff to agendize an item for the City Council to discuss the Planning Commissioner appointment process.

Mayor Morabito asked for staff to agendize an item for the City Council to discuss a City policy of broadcasting non-profit messages on the City website.

ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Morabito adjourned the meeting at 8:09 P.M. 46 Submitted by: Approved by:
______________________________ ______________________________ Daniel York Joseph Morabito
City Manager Mayor
47 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.3
Meeting Date: April 12, 2023
SUBJECT:

Minutes-February 8, 2023 - Regular Meeting

ACTION:

Approve the minutes as presented.

ATTACHMENTS:

February 8, 2023 City Council Regular Meeting Minutes
48 MINUTES

CITY OF WILDOMAR

CITY COUNCIL/CEMETERY DISTRICT CC - REGULAR MEETING
WEDNESDAY, FEBRUARY 8, 2023

COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Regular Session 6:00 PM
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez
Members absent: Dustin Nigg
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.

The regular meeting was called to order by Mayor Morabito at 6:00 P.M.

ROLL CALL
Members in attendance : Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez
Members absent: Dustin Nigg
Council Member Nigg's absence was excused.

Staff in attendance: City Manager York, City Attorney Jex, City Clerk Morales, Planning Director Bassi, Code Enforecement Supervisor Raul Berroteran, Librarian Sandra Brautigam, Economic Development Director Davidson, Public Works Director Farag, Acting City Treasurer Jantz, Associate Engineer Luna, Lt. Mike Portillo, Division Chief Lonny Olson, Development Manager Stadnik, IT Technician Sung, and Community Services Director Torres.

FLAG SALUTE
Former Planning Commissioner John Lloyd led the Flag Salute.

PRESENTATIONS

1. Proclamation: John Lloyd, Planning Commissioner

2. Proclamation: Eagle Scouts Gavin Dalton and Zane Zander.

3. Murrieta/Wildomar Chamber of Commerce Restaurant Month - March 2023

DEPARTMENT REPORTS

1. Wildomar Police Department Update
Lt. Portillo presented the update.

2. Wildomar Fire Department Update
Chief Olson presented the update.
49 3. Wildomar Library Update
Librarian Sandra Brautigam presented the update.

4. Public Works/Engineering - Road Construction Updates Public Works Director Farag and Development Manager Stadnik presented the update.

5. Public Works/Engineering - Bundy Canyon Rd. Construction Update Council Member Marquez recused himself for this item.

Public Works Director Farag presented the update.

PUBLIC COMMENTS
No public comments.

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. Riverside Conservation Authority (RCA)

2. Riverside Transit Agency (RTA)

3. Riverside County Transportation Commission (RCTC)

4. League of California Cities

5. Southern California Association of Governments (SCAG)

6. Riverside County Habitat Conservation Agency (RCHCA)

7. Western Riverside Council of Governments (WRCOG)

8. Southwest Community Financing Authority (Animal Shelter)

9. Ad Hoc & Subcommittees

10. Community events

11. Regional events

12. Chamber of Commerce

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Bridgette Moore; seconded by Ashlee DePhillippo to Approve the agenda as presented.

Motion Passed: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

1. CONSENT CALENDAR
50 Kenneth Mayes, resident, provided public comment on Item #1.6. Mayor Morabito requested that item #1.6 be pulled for a separate presentation/discussion and action.

Moved by Bridgette Moore; seconded by Carlos Marquez to Approve all items of the Consent Calendar except for Item #1.6.

Motion Passed: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

1.1 Reading of Ordinances
Approved the reading by title only of all Ordinances on this agenda.

1.2 Warrant Register January 2023
Approved the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 01-05-2023 in the amount of $29,757.15.

2. Warrant Register dated 01-12-2023 in the amount of $331,099.05.

3. Warrant Register dated 01-19-2023 in the amount of $542,568.65.

4. Warrant Register dated 01-26-2023 in the amount of $95,040.35.

5. Wire Transfer Register dated 01-31-2023 in the amount of $5,445,681.94.

6. Payroll Register dated 02-01-2023 in the amount of $272,159.00.

1.3 December 2022 Treasurers Report
Approved the City Treasurer’s Report for December 2022.

1.4 General Plan Update Progress Report #8
Received and filed the report.

1.5 City Identification and Logo Policy
Adopted the update to the use of the City marketing brand, City Logo, and approved the continued use of the stylized W (referred as the Wildomar Edwardian "W").

1.6 Vehicle Usage Policy Update
Community Services Director Torres presented the report.

Moved by Carlos Marquez; seconded by Bridgette Moore to Approve the revisions to the vehicle use policy and deny the budget adjustment to appropriate $5,000 for the purchase and installation of City Logo decals for the vehicles in order to be in compliance with section V. of the policy. Staff will bring back a budget adjustment at a future date.

Motion Passed: 4- 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos 51 Marquez
Voting Against: None
Abstain: None

Absent: Dustin Nigg

1.7 Agreement with Regional Government Services Authority (RGS) for a temporary Municipal City Clerk Advisor
Approved and authorized the City Manager to execute the Professional Services Agreement with Regional Government Services Authority (RGS) for a temporary Municipal Clerk Advisor, authorized the City Manager to make minor modifications to the indemnification section of the agreement, if needed, and appropriated $21,000 in the City Clerk's Budget.

1.8 Master Agreement for Treasury Management Services
Received and approved the final contract with Wells Fargo.

1.9 2023 Local Hazard Mitigation Plan - Project Status Briefing Received and filed the report.

1.10 Injury & Illness Prevention Program
Approved the Injury & Illness Prevention Program.

1.11 Consideration of a Resolution of the City Council of the City of Wildomar terminating the Proclamation of a Local Emergency due to COVID-19 Adopted a Resolution entitled:

RESOLUTION NO. 2023 – 04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, TERMINATING THE LOCAL EMERGENCY PROCLAMATION RESULTING FROM THE COVID-19 PANDEMIC, ORIGINALLY PROCLAIMED BY THE CITY OF WILDOMAR CITY COUNCIL ON MARCH 17, 2020

2. PUBLIC HEARINGS
No items scheduled.

3. GENERAL BUSINESS

3.1 FY2023 Mid-Year Budget Report
Acting City Treasurer Jantz presented the staff report.

Moved by Carlos Marquez; seconded by Bridgette Moore to Approve the Fiscal Year 2022-23 Mid-Year Budget Report, and adopt a Resolution entitled:
52 RESOLUTION NO. 2023 - 05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING ADJUSTMENTS TO THE FY2022-23 BUDGETED REVENUES AND EXPENSES AND ACCEPTANCE OF THE FY2022-23

SCHEDULE OF AUTHORIZED POSITIONS
Motion Passed: 4- 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez
Voting Against: None
Abstain: None

Absent: Dustin Nigg

3.2 Chapter 9.24 - Fireworks
City Attorney Jex presented the staff report.

Kenny Mayes, resident, provided public comment.

Moved by Carlos Marquez; seconded by Bridgette Moore to Approve Bring back an ordinance amendment for property owner liability and administrative citation of $1,000.

Motion Passed: 4- 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez
Voting Against: None
Abstain: None

Absent: Dustin Nigg

CITY MANAGER REPORT

1. Negotiations with the owner of the City Hall building are ongoing.

2. Future agenda item - specifications for Little Free Library and other community-donated items

3. Future agenda item - planning Commission Appointment Process

FUTURE AGENDA ITEMS
Councilmember Marquez asked staff to agendize an item to discuss a potential voluntary camera program.

ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Morabito adjourned the meeting at 7:45 P.M.

Submitted by: Approved by:
______________________________ ______________________________ Daniel York Joseph Morabito
City Manager Mayor
53 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.4
Meeting Date: April 12, 2023
SUBJECT:

Minutes-March 8, 2023 - Regular Meeting

ACTION:

Approve the minutes as presented.

ATTACHMENTS:

March 8, 2023 City Council Regular Meeting Minutes
54 MINUTES

CITY OF WILDOMAR

CITY COUNCIL/CEMETERY DISTRICT CC - REGULAR MEETING
WEDNESDAY, MARCH 8, 2023

COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Closed Session: 5:00 PM | Regular Session 6:00 PM
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
CALL TO ORDER – CLOSED SESSION - 5:00 P.M.

The regular closed session was called to order by Mayor Morabito at 5:02 P.M.

ROLL CALL
Staff in Attendance: City Manager York, City Attorney Jex

PUBLIC COMMENTS
None.

CLOSED SESSION
The City Council met in closed session pursuant to the provisions of the Government Code Section 54956.9(d)(1) to confer with legal counsel with regard to the following matter of pending litigation: A. In re: National Prescription Opiate Litigation, Case. No. 1: 17-MD-2804 (N.D. Ohio) and pursuant to the provisions of Government Code Section 54956.9(d)(4) to confer with legal counsel with regard to one matter of potential initiation of litigation.

RECONVENE INTO OPEN SESSION
The City Council reconvened into open session at 6:01 P.M.

ANNOUNCEMENTS
No reportable action.

ADJOURN CLOSED SESSION
There being no further business, Mayor Morabito adjourned the closed session at 6:01 P.M.

CALL TO ORDER – REGULAR SESSION - 6:00 P.M.

The regular session was called to order my Mayor Morabito at 6:01 P.M.

ROLL CALL
City Council: All members present.

Staff in attendance: City Manager York, City Attorney Jex, Community Development Director Bassi, Acting City Treasurer Jantz, Economic Development Director Davidson, 55 Associate Engineer Luna, Public Works Director Farag, Development Manager Stadnik, IT Technician Sung, and Community Services Director Torres.

FLAG SALUTE
The flag salute was let by Councilmember Nigg.

PRESENTATIONS
None.

DEPARTMENT REPORTS

1. General Plan Update Progress Report #9
Community Development Director Bassi presented the department report.

2. Public Works/Engineering - Road Construction Update
Public Works Director Farag and Development Manager Stadnik presented the report.

3. Public Works/Engineering - Bundy Canyon Rd. Construction Update Councilmember Marquez recused himself for this item.

Public Works Director Farag presented the report.

PUBLIC COMMENTS
The following individuals provided public comment:

1. Chance Edmonson

2. Cesar Marmolejo

3. Don Saunders

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. Riverside Conservation Authority (RCA)

2. Riverside Transit Agency (RTA)

3. Riverside County Transportation Commission (RCTC)
4 League of California Cities

5. Southern California Association of Governments (SCAG)

6. Riverside County Habitat Conservation Agency (RCHCA)

7. Western Riverside Council of Governments (WRCOG)

8. Southwest Community Financing Authority (Animal Shelter)

9. Ad Hoc & Subcommittees

10. Community events

11. Regional events

12. Chamber of Commerce

APPROVAL OF THE AGENDA AS PRESENTED
56 Moved by Dustin Nigg, seconded by Carlos Marquez to approve the agenda as presented.

Motion Approved: 5 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez, Dustin Nigg
Voting Against: None
Abstain: None

Absent: None

1. CONSENT CALENDAR
Moved by Dustin Nigg, seconded by Bridgette Moore to approve the Consent Calendar.

Motion Approved: 5 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez, Dustin Nigg
Voting Against: None
Abstain: None

Absent: None

1.1 Reading of Ordinances
Approved the reading by title only of all Ordinances on the agenda.

1.2 Minutes-November 9, 2022 - Regular Meeting
Approved minutes as presented.

1.3 Minutes-December 14, 2022-Regular Meeting
Approved minutes as presented.

1.4 Warrant Register February 2023
Approved the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 02-02-2023 in the amount of $118,634.74.

2. Warrant Register dated 02-09-2023 in the amount of $75,630.35.

3. Warrant Register dated 02-16-2023 in the amount of $621,285.81.

4. Warrant Register dated 02-23-2023 in the amount of $1,112406.15.

5. Wire Transfer Register dated 02-28-2023 in the amount of $54,004.51.

6. Payroll Register dated 03-01-2023 in the amount of $193,918.17.

1.5 January 2023 City Treasurers Report
Approved the City Treasurer’s Report for January 2023.

1.6 Housing Element Annual HCD Progress Report for 2022 Received and filed the report.
57 1.7 Oak Springs Ranch Phase II - Public Improvement Agreement, Rough Grading Agreement, Precise Grading Agreement and Stormwater Management/BMP Facilities Agreement
Authorized the City Manager to execute Public Improvement Agreement, Rough Grading Agreement, Precise Grading Agreement and Stormwater Management/BMP Facilities Agreement with OSR2, LLC.

1.8 First Amendment to the Professional Services Agreement with PlaceWorks, Inc. for the General Plan Update
Authorized the City Manager to execute the first amendment to the Professional Services Agreement between the City of Wildomar and PlaceWorks, Inc. for General Plan Update and allocated an additional $58,630 to Account #125-430-4320-52115 to support the revised scope of work tasks and assignments provided in Attachment A, Exhibits 1 and 2.

1.9 CIP 026-2 Bundy Canyon Rd. Improvement Project, Segment 2: Retain Interwest Consulting Group to perform Right of Way Acquisition Services.

Authorized the City Manager to accept the Interwest Consulting Group proposal to provide right-of-way acquisition services for the Bundy Canyon Rd. Improvement Project, Segment 2 (CIP 026-2) in the amount of $73,600.

2. PUBLIC HEARINGS

2.1 Zoning Ordinance Amendment No. 2023-01 (Density Bonus) Community Development Director Bassi presented the department report.

Moved by Dustin Nigg, seconded by Bridgette Moore to Adopt Ordinance entitled:

ORDINANCE NO. 228

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, ADOPTING A GENERAL RULE EXEMPTION IN ACCORDANCE WITH SECTION 15061(B)(3) OF CEQA, AND AMENDING CHAPTER 17.290 OF WILDOMAR

MUNICIPAL CODE RELATED TO DENSITY BONUSES AND OTHER INCENTIVES Motion Approved: 5 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez, Dustin Nigg
Voting Against: None
Abstain: None

Absent: None

2.2 Zoning Ordinance Amendment No. 2023-02 (Group Homes) Community Development Director Bassi presented the department report. 58 Moved by Dustin Nigg, seconded by Carlos Marquez to Adopt Ordinance entitled:

ORDINANCE NO. 229

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING CHAPTER 17.320 (BOARDING HOUSES AND GROUP HOMES) TO TITLE 17 (ZONING) AND AMENDING SECTION 17.208.010 OF THE

WILDOMAR MUNICIPAL CODE REGULATING BOARDING HOUSES AND GROUP

HOMES, AND FINDING THIS ORDINANCE TO BE EXEMPT FROM CEQA REVIEW PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
Motion Approved: 5 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez, Dustin Nigg
Voting Against: None
Abstain: None

Absent: None

3. GENERAL BUSINESS

3.1 Wildomar Beautification Update - Freeway Enhancements and Community Identification
Public Works Director Farag presented the report.

3.2 Second Budget Workshop for FY2024 & FY2025 Biennial Budget Acting City Treasurer Jantz presented the report.

3.3 Proposed Revisions to the Traffic Signal Mast Arm Street Name Sign Blade Design
Public Works Director Farag presented the report.

Moved by Dustin Nigg, seconded by Bridgette Moore to approve staff's recommendation to revise the Traffic Signal Street Name Sign Blade Standard Design, Option 1B for Standard Streets and Option 2A for Wildomar Trail and direct staff to prepare and approve new City Standard Drawings for the new designs.

Motion Approved: 5 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez, Dustin Nigg
Voting Against: None
Abstain: None

Absent: None

3.4 Fireworks Ordinance Amendment
59 City Attorney Jex presented the report.

Moved by Dustin Nigg, seconded by Carlos Marquez to find and determine that approval of Ordinance No. 230 is exempt from CEQA review pursuant to CEQA Guideline 15378 and introduce and approve first reading of an Ordinance entitled:

ORDINANCE NO. 230

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 9.24 OF WILDOMAR MUNICIPAL CODE [FIREWORKS] AND FIND THAT THE ORDINANCE IS EXEMPT FROM CEQA REVIEW PURSUANT TO CEQA GUIDELINE 15378
Motion Approved: 5 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez, Dustin Nigg
Voting Against: None
Abstain: None

Absent: None

3.5 Vitality Zone Community Event Partnership Memorandum of Understanding (MOU)
Community Services Director Torres presented the report.

Moved by Dustin Nigg, seconded by Bridgette Moore to authorize the City Manager to sign the MOU with Vitality Zone dependent that the commercial business fulfills all requirements and waive fees associated to the application and processing of the Temporary Event Permit dependent that the commercial business fulfills all requirements.

Motion Approved: 5 – 0
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Carlos Marquez, Dustin Nigg
Voting Against: None
Abstain: None

Absent: None

CITY MANAGER REPORT

1. Consultant Harrison Tregenza will be taking over clerking responsibilities while City Clerk Morales is on maternity leave.

2. Picnic in the Park will be taking place March 25, 2023 from 5:30 P.M to 8:30 P.M.

3. Eggstravaganza will be taking place on April 1, 2023 at 9:00 A.M.

4. The Teen Egg Hunt will be taking place on April 1, 2023 at 8:00 P.M.

5. Coffee with the City will be taking place on March 15, 2023 at 8:30 A.M.

6. City Manager York reported that he just finished his first year as City Manager. 60 FUTURE AGENDA ITEMS
Councilmember Nigg asked that staff agendize reorganizing City Council committee assignments.

Councilmember DePhillipo asked that staff have Elsinore Valley Water District Board Member Darcy Burke come and give a presentation to the City Council.

ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Morabito adjourned the meeting at 8:30 P.M.

Submitted by: Approved by:
______________________________ ______________________________ Daniel York Joseph Morabito
City Manager Mayor
61 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.5
Meeting Date: April 12, 2023
SUBJECT:

Warrant Register March 2023
SUBMITTED BY:

Nicholas Neidiffer
PREPARED BY:

Nicholas Neidiffer

ACTION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 03-02-2023 in the amount of $144,775.09.

2. Warrant Register dated 03-09-2023 in the amount of $166,748.55.

3. Warrant Register dated 03-16-2023 in the amount of $521,853.39.

4. Warrant Register dated 03-23-2023 in the amount of $38,565.67.

5. Warrant Register dated 03-28-2023 in the amount of $5,636,837.71.

6. Wire Transfer Register dated 03-31-2023 in the amount of $5,286,725.42.

7. Payroll Register dated 04-01-2023 in the amount of $289,247.80.

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.

ATTACHMENTS:

1.3 Warrant Reg Mar 2023 Voucher Listings.pdf
62 63
64 65
03/09/2023
Voucher List
City of Wildomar
1 1:53:01PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216267 3/2/2023 001913 ABSOLUTE INTERNATIONAL, SECURITY INC2020106971 02/01/23-02/28/23 SECURITY PATROL 7,392.71 Total : 7,392.71
216268 3/2/2023 000088 ACE HARDWARE 3323 BASEBALL FIELD DEPT SUPPLIES 41.28 Total : 41.28
216269 3/2/2023 001627 AMERICAN EAGLE TROPHIES 8848 (1) ENGRAVED PLATE 3 X 18 52.20 Total : 52.20
216270 3/2/2023 000029 APPLEONE 01-6568192 ADMIN W/E 02/25/23 708.48 Total : 708.48
216271 3/2/2023 001002 ARCHITERRA DESIGN GROUP 30624 01/25/23-02/14/23 SI COORDINATION 652.70

62.5001/25/23-02/24/23 PLAN CHECK-MEETING
W/A
30625

62.5001/25/23-02/24/23 PLAN CHECK-TREE &
PLAN
30626
125.0001/25/23-02/24/23 PLAN CHECK-APPLICANT
Q
30627

93.7501/25/23-02/24/23 PLAN CHECK-APPLICANT
Q
30628
312.5001/25/23-02/24/23 PLAN CHECK-2ND PR30629
531.2501/25/23-02/24/23 PLAN CHECK-2ND PR30630

62.5001/25/23-02/24/23 PLAN

CHECK-COORDINATIO
30631
687.5001/25/23-02/24/23 PLAN CHECK- 1ST PC30632
187.5001/25/23-02/24/23 PLAN CHECK- 1ST PR30633
720.2501/25/23-02/24/23 PLAN CHECK- SI

COORDIN
30634
250.0001/25/23-02/24/23 PLAN CHECK- 1ST PR30635
1,320.0901/25/23-02/24/23 PLAN CHECK-

COORDINATI
30636
187.5001/25/23-02/24/23 PLAN CHECK- PLAN
CHECK
30637
Total : 5,255.54
216272 3/2/2023 001923 ASCENSUS 153400HW FYE 6/30/22 GASB 75 REPORT 4,300.00 Total : 4,300.00
66 03/09/2023
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City of Wildomar
2 1:53:01PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216273 3/2/2023 001468 BANKS, ARRIN 30223 PLANNIG COMMISION MEETING 03/01/23 75.00 Total : 75.00
216274 3/2/2023 001922 BLUEINK 3E274B9D-0001 SOFTWARE BUNDLE 2/13/23-2/13/25 6,875.00 Total : 6,875.00
216275 3/2/2023 000080 BURKE, WILLIAMS AND SORENSON,, LLP 296653 JANUARY 2023 LEGAL FEES 65,513.82 Total : 65,513.82
216276 3/2/2023 001748 CALIFORNIA CONSULTING, INC. 5759 0000412 GRANT WRITING SERVICE - MARCH

RETAINER
4,850.00
Total : 4,850.00
216277 3/2/2023 001916 CAMBERO, GEORGE 30223 PLANNING COMISSION MEETING 03/01/23 75.00 Total : 75.00
216278 3/2/2023 001622 COMMERCIAL BUILDING MANAGEMENT, SERVICES INC69486 0000428 FEB 2023 JANITORIAL SVC - MARNA OBRIEN
5,230.71
372.36FEB 2023 SUPPLIES - MARNA O'BRIEN69487
Total : 5,603.07
216279 3/2/2023 001925 CPS 3752 LASERFICHE CLOUD AND SUPPORT.PDF 22,610.00 Total : 22,610.00
216280 3/2/2023 000022 EDISON 22723-6091 01/27/23-02/23/23 21347 COMO ST (LITTLE 47.40 198.6301/27/23-02/23/23 ELEC 21400 PALOMAR
(CE
22723-7258
557.3901/27/23-02/23/23 32308 MISSION TRL (MAL22723-9129 305.1101/12/23-02/10/23 35324 PORRAS RD IRR22823-2458
165.8502/01/23-02/28/23 CFD ZONE 1 TR 32535 W.30123-0828 247.3502/01/23-02/28/23 CFD 2013-001 ZONE 230123-0962
200.6302/01/23-02/28/23 CFD ZONE 3 PALOMAR
AND
30123-1757
6,032.8302/01/23-02/28/23 CSA 103 SALES ACQUISIT30123-4293 127.6502/01/23-02/28/23 ELECTRIC CFD 2013-00130123-4610

63.8202/01/23-02/28/23 CFD ZONE 230123-4845
217.0602/01/23-02/28/23 CFD ZONE330123-7694
127.6302/01/23-02/28/23 CFD ZONE330123-8975
242.7602/01/23-02/28/23 ELECTRIC CFD 2013-00130123-9127 Total : 8,534.11
67 03/09/2023
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City of Wildomar
3 1:53:01PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216281 3/2/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT12194741 01/14/23-02/14/23 WATER ZONE 42 LOC 01 M
180.19
180.1901/14/23-02/14/23 WATER ZONE 42 LOC 03
M
12194993
180.1901/14/23-02/14/23 WATER ZONE 42 LOC 02
M
12194994
Total : 540.57
216282 3/2/2023 001343 FILAR, ERIC 30223 PLANNING COMMISION MEETING 03/01/23 75.00 Total : 75.00
216283 3/2/2023 000941 FRONTIER 22223 02/22/23-03/21/23 FIOS INTERNET

CHARGES
175.98
Total : 175.98
216284 3/2/2023 000685 GREAT AMERICA FINANCIAL SERVIC 33517246 CANON COLOR COPIER SYST. #007-1780554
214.24
Total : 214.24
216285 3/2/2023 001911 HDL SOFTWARE LLC. SIN025756 JAN 2023 HDL FEES 2,601.00 Total : 2,601.00
216286 3/2/2023 001783 HR DYNAMICS & PERFORMANCE 3323 0000421 THROUGH 12/13/22-2/22/23

CLASSIFICATION
5,000.00
Total : 5,000.00
216287 3/2/2023 000499 INLAND EMPIRE LANDSCAPE INC 30347 FEB 2023 LANDSCAPE MAINTENANCE PARKS
5,980.00
Total : 5,980.00
216288 3/2/2023 000016 INNOVATIVE DOCUMENT SOLUTIONS 248825 2/1/23-2/28/23 CONTRACT COPIER

SERVICES
865.38
Total : 865.38
216289 3/2/2023 001835 MUNISERVICES OR, AVENU HOLDINGS LLCINV06-016081 SALES AND USE TAX REPORTING

SYSTEMS SUTA
1,385.37
Total : 1,385.37
216290 3/2/2023 001924 NEW LIFE PHOTOGRAPHY & DESIGN 3037 PROFESSIONAL HEADSHOTS 425.00 Total : 425.00
216291 3/2/2023 001677 OFFICE OF ECONOMIC DEVELOPMENT 2023-108 ICSC MAY 21-23, 2023 LAS VEGAS BOOTH 4,000.00 68 03/09/2023
Voucher List
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4 1:53:01PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 4,000.00 216291 3/2/2023 001677 001677 OFFICE OF ECONOMIC DEVELOPMENT 216292 3/2/2023 001926 SGI RETAIL LLC 80222 CANNABIS DEVELOPERS DEPOSIT REFUND 20-00
9,271.50
Total : 9,271.50
216293 3/2/2023 000995 STRONG, KIM 30223 PLANNING COMMISSION MEETING 03/01/23 75.00 Total : 75.00
216294 3/2/2023 000918 TKE ENGINEERING INC 2022-1179 CONTRACTUAL SVC 11/01/22-11/30/22 856.00 2,028.50CONTRACTUAL SVC 11/01/22-11/30/222022-1180
Total : 2,884.50
216295 3/2/2023 000437 VERIZON WIRELESS 9928321398 01/23/23-02/22/23 DATA INTERNET CHARGE 956.12 116.0301/23/23-02/22/23 DATA INTERNET CHARGE9928321399
Total : 1,072.15
216296 3/2/2023 000006 WELLS FARGO PAYMENT REMITTANCE, CENTER20123 VIDEO HOSTING SOFTWARE 250.00

46.65BANK FEES21723
Total : 296.65
Bank total : 166,748.55 30 Vouchers for bank code : wf 166,748.55Total vouchers :Vouchers in this report 30
69 03/16/2023
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City of Wildomar
1 5:20:35PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216302 3/16/2023 000033 AMERICAN FORENSIC NURSES 77215 BLOOD DRAW (2) 133.70 200.55BLOOD DRAW (2) URINE SPECIMEN

COLLETION
77253

66.85BLOOD DRAW (1)77328
133.70BLOOD DRAW (2)77347
Total : 534.80
216303 3/16/2023 001928 AT&T 450783 LOCATION DAILY FEE FOR CASE WI 23 000 00 375.00
Total : 375.00
216304 3/16/2023 000034 BIO-TOX LABORATORIES 43865 RC SHERIFF - LAB SERVICES 1,372.61 103.10RC SHERIFF - LAB SERVICES43911
383.43RC SHERIFF - LAB SERVICES43985
385.40RC SHERIFF - LAB SERVICES43986
147.63RC SHERIFF - LAB SERVICES44034
Total : 2,392.17
216305 3/16/2023 000367 CINTAS CORPORATION 5148922605 CITY HALL FIRST AID & SAFETY 288.68 Total : 288.68
216306 3/16/2023 000785 CORELOGIC SOLUTIONS, LLC 82166109 FEBRUARY 2023 CODE ENFORCEMENT

SOFTWARE
391.25
Total : 391.25
216307 3/16/2023 001799 COUNTY OF RIVERSIDE PUBLIC, SAFETY ENTERPRISE COMMUNIPE0000000834 MONTHLY RADIO COMMUNICATION 543.69 Total : 543.69
216308 3/16/2023 000011 CR&R INC. 358939 02/28/23 DUMP 10YD,40YD BOX 871.87 248.3103/31/23 3YD BOX, 90G RECYCLE-

BASEBALL
358962
287.5803/31/23 3YD BOX, 90G RECYCLE 60GL
GRN-
359018
Total : 1,407.76
216309 3/16/2023 000037 DATA TICKET, INC. 147852 JAN 2023 ONLINE/SSN CITATION

PROCESSING
525.93
640.09JAN 2023 DAILY CITE PROCESSING148116
Total : 1,166.02
70 03/16/2023
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City of Wildomar
2 5:20:35PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216310 3/16/2023 000058 DEPARTMENT OF JUSTICE 631638 DEC 2022 POLICE BLOOD ALCOHOL

ANALYSIS
140.00

70.00SEP 2022 POLICE BLOOD ALCOHOL

ANALYSIS-
631674

70.00JAN 2023 POLICE BLOOD ALCOHOL

ANALYSIS
638220
Total : 280.00
216311 3/16/2023 001769 DEPHILLIPPO, ASHLEE 31523 DIRECT DEPOSIT RETURNED 365.20 Total : 365.20
216312 3/16/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT12201088 01/18/23-02/18/23 WATER ZONE 3 LOC 23 M1
417.12

59.1501/18/23-02/18/23 WATER ZONE 30 LOC 212201298

59.1501/18/23-02/18/23 WATER ZONE 3 LOC 49
M1
12201338

55.0201/18/23-02/18/23 WATER ZONE 51 LOC 112201591
235.2101/18/23-02/18/23 WATER BASEBALL FIELD12201757
110.0501/18/23-02/18/23 WATER WINDSONG PARK12201796
110.0501/18/23-02/18/23 WATER ZONE 3 LOC 29
M1
12202304
180.1901/18/23-02/18/23 WATER ZONE 3 LOC 29
M2
12202382

59.1501/18/23-02/18/23 WATER ZONE 30 LOC 112202385
180.1901/18/23-02/18/23 WATER ZONE 3 LOC 42 &12202484

55.0201/18/23-02/18/23 WATER 22450 1/2
CERVER
12202881

55.0201/18/23-02/18/23 WATER 22450 CERVERA12203123

59.1501/18/23-02/18/23 WATER ZONE 62 - 2293312204216

59.1501/18/23-02/18/23 WATER ZONE 67 -
ARNNET
12204304
Total : 1,693.62
216313 3/16/2023 001927 ENRIQUEZ, EHREN 121922 LAW ENFORCEMENT TRAINING (TRAVEL & MEALS
363.73
Total : 363.73
216314 3/16/2023 001728 FORENSIC NURSES OF SOCAL, INC. 2051 DRY RUN EXAM,NURSE DISPATCHED BY

LAW ENF
550.00
1,200.00POLICE DEPT-SEXUAL ASSAULT
EXAM-SART 02/
2053
71 03/16/2023
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3 5:20:35PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 1,750.00 216314 3/16/2023 001728 001728 FORENSIC NURSES OF SOCAL, INC. 216315 3/16/2023 000941 FRONTIER 30123 03/01/23-03/21/23 FIOS INTERNET

CHARGES

67.76 Total : 67.76
216316 3/16/2023 001325 GEOCON WEST, INC. 723010425 0000400 CONTRACTUAL SVC 01/22/23 775.00 Total : 775.00
216317 3/16/2023 001666 INFINITY TECHNOLOGIES 1212A 0000414 FEB 2023 IT CONTRACTUAL SERVICES 11,300.00 0000440 171.00FEB 2023 DATTO OFFICE 365 BACKUP

SERVICE
1212B
0000415 3,200.00FEB 2023 GIS CONTRACTUAL SERVICES1254
Total : 14,671.00
216318 3/16/2023 000499 INLAND EMPIRE LANDSCAPE INC 40348 FEB 2023 LANDSCP MAINT ZONE 10,385.44 655.00FEB 2023 LANDSCP MAINT ZONE 340411
Total : 11,040.44
216319 3/16/2023 001047 INTERPRETERS UNLIMITED 338348A GUJARATI INTERPRETER 01/31/23 WI22347001

71.25 Total : 71.25
216320 3/16/2023 001852 LC PAVING & SEALING, INC 30623 PALOMAR & CLINTON KEITH PAY REQUEST #3
351,875.40
Total : 351,875.40
216321 3/16/2023 001929 LIFE STORAGE LP 30823A REFUND OF UNUSED DEVELOPERS DEPOSIT 18-0
1,549.47
30,509.16REFUND OF UNUSED DEVELOPERS
DEPOSIT 17-0
30823B
9,613.55REFUND OF UNUSED DEVELOPERS
DEPOSIT 18-0
30823C
Total : 41,672.18
216322 3/16/2023 000856 MICHAEL BAKER INTERNATIONAL IN 1172312 P/E JAN 29, 2023 CONTRACTUAL SVC - PROJE
8,437.50
Total : 8,437.50
216323 3/16/2023 000431 MOORE, BRIDGETTE 31423 MILEAGE REIMBURSEMENT 2/11/23-2/24/23 112.66 Total : 112.66
72 03/16/2023
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City of Wildomar
4 5:20:35PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216324 3/16/2023 001841 MORABITO, JOSEPH 21423 JACKET AND SHIRT PURCHASE FOR CITY LOGO

32.58 Total : 32.58
216325 3/16/2023 001667 OLDCASTLE INFRASTRUCTURE INC 500039678 0000448 CATCH BASIN INSERT MAINTENANCE FOR ZONE
1,026.00
0000448 427.50CATCH BASIN INSERT MAINTENANCE FOR
ZONE
500039679
0000448 2,223.00CATCH BASIN INSERT MAINTENANCE FOR
ZONE
500039680
Total : 3,676.50
216326 3/16/2023 001004 PECHANGA BAND OF LUISENO, MISSION INDIANS18739 CONTRACTUAL SVC JANUARY 2022 4,059.00 Total : 4,059.00
216327 3/16/2023 000185 PITNEY BOWES 30623 POSTAGE METER REFILL 02/13/23 488.00 Total : 488.00
216328 3/16/2023 001107 PLACEWORKS 81217 FEB 2023 CONTRACTUAL SVC - GP

UPDATE/EIR
21,787.07

65.00FEB 2023 CONTRACTUAL SVC - PROJECT
RELAT
81310

77.50FEB 2023 CONTRACTUAL SVC - PROJECT
RELAT
81311
5,530.00FEB 2023 CONTRACTUAL SVC - PROJECT
RELAT
81313
1,640.00FEB 2023 CONTRACTUAL SVC - PROJECT
RELAT
81314
428.75FEB 2023 CONTRACTUAL SVC - PROJECT
RELAT
81315
5,987.50FEB 2023 CONTRACTUAL SVC - PROJECT
RELAT
81316
2,218.75FEB 2023 CONTRACTUAL SVC - HOUSING81317
Total : 37,734.57
216329 3/16/2023 000042 PV MAINTENANCE, INC. 005-264 CIP 026-1 CONST. (EMERGENCY POTHOLE REPA
4,280.10
Total : 4,280.10
216330 3/16/2023 000186 RIGHTWAY 332356 03/02/23-03/29/23-

PORTA/WASHSTN-WINDSON
723.50
73 03/16/2023
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5 5:20:35PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 723.50 216330 3/16/2023 000186 000186 RIGHTWAY 216331 3/16/2023 001806 SOUTHERN CALIFORNIA NEWS, GROUP 11566971 PUBLIC NOTICE - BUILDING CODE 408.35 403.61PUBLIC NOTICE - ORDINANCE 224, 225, 22611569344
513.22PUBLIC NOTICE - ORDINANCE 224, 225, 22611572033
1,269.93PUBLIC NOTICE - CFD 2022-3 VERANO11573974
185.47PUBLIC NOTICE - CFD 2022-1 ANNEX 211574105
261.77PUBLIC NOTICE - NOPH11581757
255.53PUBLIC NOTICE - ZOA 2023-0111581758
261.77PUBLIC NOTICE - ZOA 2023-0211581760
1,027.50PUBLIC NOTICE - ORD 22711583555
386.41PUBLIC NOTICE - NOPH11586061
261.77PUBLIC NOTICE - ZOA 2023-0411586699
249.30PUBLIC NOTICE - ZOA 2023-0111588091
261.77PUBLIC NOTICE - ZOA 2023-0211588092
Total : 5,746.40
216332 3/16/2023 000790 SPARKLETTS 30423 CITY HALL DRINKING WATER THROUGH 03/04/2
467.68
Total : 467.68
216333 3/16/2023 001720 STERICYCLE, INC 8003404198 CONTRACTUAL SHREDDING SVC 293.58 490.88CONTRACTUAL SHREDDING SVC8003404199
Total : 784.46
216334 3/16/2023 000918 TKE ENGINEERING INC 2022-1182 CONTRACTUAL SVC 07/01/22-11/30/22 556.50 1,175.50CONTRACTUAL SVC 10/01/22-11/30/222022-1183
260.00CONTRACTUAL SVC 07/01/22-11/30/222022-1184
949.50CONTRACTUAL SVC 10/01/22-11/30/222022-1186
1,240.00CONTRACTUAL NSVC 11/01/22-12/31/222022-1257
189.00CONTRACTUAL SVC 12/01/22-12/31/222022-1273
2,095.00CONTRACTUAL SVC 01/01/23-01/31/232023-13
284.00CONTRACTUAL SVC 01/01/23-01/31/232023-15
Total : 6,749.50
216335 3/16/2023 001090 T-MOBILE USA INC 9523415230 TIMING ADVANCE WI 23009003 25.00 Total : 25.00
216336 3/16/2023 000055 WRCOG 1389 FY 22/23 AB 939 & SOLID WASTE

COOPERATI
3,964.56
74 03/16/2023
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6 5:20:35PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 3,964.56 216336 3/16/2023 000055 000055 WRCOG 216337 3/16/2023 001831 YUNEX, LLC 5610283050 TRAFFIC SIGNAL MAINTENANCE FOR JANUARY 2
1,494.50
4,837.56WILDOMAR & DOHENY - INSTALL STI POLE
01/
5620042044
4,837.5636595 KEVIN RD. STL POLE INSTALL 08/01/25620042112 1,676.81TRAFFIC SIGNAL RESPONSE CALL OUT

JANUARY
5620042179
Total : 12,846.43
Bank total : 521,853.39 36 Vouchers for bank code : wf 521,853.39Total vouchers :Vouchers in this report 36
75 03/23/2023
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1 1:43:39PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216338 3/23/2023 000007 ANIMAL FRIENDS OF THE VALLEY,, INC. FEB 2023 FEB 2023 ANIMAL CONTROL SERVICE 7,000.00 Total : 7,000.00
216339 3/23/2023 000029 APPLEONE 01-6573035 ADMIN W/E 03/04/23 708.48 708.48ADMIN W/E 03/11/2301-6576557
Total : 1,416.96
216340 3/23/2023 000760 ARMADA ADMINISTRATORS 195427 APRIL 2023 PREMIUM 4,011.00 Total : 4,011.00
216341 3/23/2023 001761 CHARTER COMMUNICATIONS 2318030823 CABLE THROUGH 4/07/23 - FS61 5.33 Total : 5.33
216342 3/23/2023 000700 CPRS 31023 AGENCY MEMBERSHIP THROUGH 03/31/24 & ADM
555.00
Total : 555.00
216343 3/23/2023 000002 CRYSTAL CLEAN MAINTENANCE 303N MARCH 2023 CITY HALL JANITORIAL

SERVICES
3,214.75
Total : 3,214.75
216344 3/23/2023 001338 DEANZA TERMITE & PEST CONTROL, INC622854A PEST CONTROL - MARNA OBRIEN (03/17/23)

25.00 Total : 25.00
216345 3/23/2023 000027 DIRECT TV 082317220X230313 03/12/23-04/11/23 CABLE SERVICES - CITY 160.99 Total : 160.99
216346 3/23/2023 000022 EDISON 21123-3123 02/11/23-03/13/23 23878 CLINTON KEITH RD 53.14 111.1402/11/23-03/13/23 23878 CLINTON KEITH RD21123-3487 101.4002/11/23-03/13/23 23878 CLINTON KEITH RD21123-7255

95.3902/13/23-03/14/23 34311 MISSION TRAIL TC21323-3047

36.8802/13/23-03/14/23 31818 CENTRAL ST LS321323-3243

34.6002/13/23-03/14/23 34311 MISSION TRAIL LS21323-3950

66.4302/13/23-03/14/23 24211 CLINTON KEITH RD21323-7372

84.1802/13/23-03/14/23 21458 GRAND AVE TC121323-8688

84.1802/13/23-03/14/23 31818 CENTRAL TC121353-5361

10.8702/15/23-03/16/23 31160 CLINTONT KEITH R21523-3767

10.8702/15/23-03/16/23 32975 WILLOW BAY RD21523-5249
76 03/23/2023
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Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216346 3/23/2023 (Continued)000022 EDISON

87.8502/15/23-03/16/23 32975 WILLOW BAY RD
TC
21523-7633

58.1901/01/23-02/28/23 ELECTRIC 20505

PALOMAR
931323-4487
Total : 835.12
216347 3/23/2023 001920 EPIC OUTDOOR CINEMA 14913 0000447 AIRTIGHT INFLATABLE SCREEN 5,480.54 Total : 5,480.54
216348 3/23/2023 000941 FRONTIER 30123B 03/01/23-03/31/23 OFFICE TELEPHONE CHARG
557.75
Total : 557.75
216349 3/23/2023 001743 GOPHER SQUAD 000067 0000420 PEST CONTROL SERVICES- PARKS AND LITTLE
985.00
Total : 985.00
216350 3/23/2023 001573 GRANICUS, LLC 163259 05/12/23-05/11/24 PEAK AGENDA

MANAGEMENT
12,495.44
Total : 12,495.44
216351 3/23/2023 000685 GREAT AMERICA FINANCIAL SERVIC 33611777 CANON COLOR COPIER SYST. #015-1472515
359.97
214.24CANON COLOR COPIER SYST.
#016-1585799
33616191
Total : 574.21
216352 3/23/2023 001603 HONOR PLUMBING 14067 SERVICE - MARNA OBRIEN RESTROOM 175.00 Total : 175.00
216353 3/23/2023 000513 LAKE ELSINORE UNIFIED SCHOOL D 2023/259 FACILITY - COMMUNITY CLEAN UP 5/6/23 & 1 54.00
Total : 54.00
216354 3/23/2023 000113 LEAGUE OF CALIFORNIA CITIES INV-02527 2023 LOCAL STREETS & ROADS

ASSESSMENTS
500.00
Total : 500.00
216355 3/23/2023 001683 PARKER, JOHN 200024133 REIMBURSE - CACEO TRAINING 40.00 Total : 40.00
77 03/23/2023
Voucher List
City of Wildomar
3 1:43:39PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216356 3/23/2023 001393 SOCALGAS 31423 02/08/23-03/10/23 GAS - FIRE DEPT 32637 164.58 Total : 164.58
216357 3/23/2023 000918 TKE ENGINEERING INC 2022-1195 10/01/22-11/30/22 CONTRACTUAL

SERVICES
315.00
Total : 315.00
Bank total : 38,565.67 20 Vouchers for bank code : wf
38,565.67Total vouchers :Vouchers in this report 20
78 03/30/2023
Voucher List
City of Wildomar
1 9:53:38AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 236 3/28/2023 000994 CFT NV DEVELOPMENTS, LLC 20230328 MARCH 2023 CITY HALL MTHLY LEASE 38,818.80 Total : 38,818.80
237 3/28/2023 001341 MANAGEMENT PROGRAM, CALIFORNIA ASSET3282023 ADDITIONAL INVESTMENT FUND

PURCHASE
5,237,630.92
Total : 5,237,630.92
216361 3/30/2023 000031 AFLAC, REMITTANCE PROCESSING, CENTER029687 MAR 2023 CITY COUNCIL MEDICAL INS.

BENEF
1,504.44
Total : 1,504.44
216362 3/30/2023 000029 APPLEONE 01-6584217 ADMIN W/E 03/18/23 944.64 Total : 944.64
216363 3/30/2023 001606 CHADE, ROBERT N 31623 RIGHT OF WAY - CHADE PROPERTY RIGHT OF E
2,361.33
Total : 2,361.33
216364 3/30/2023 001607 CHADE, VIRGINIA E 31623 RIGHT OF WAY - CHADE PROPERTY RIGHT OF E
2,361.33
Total : 2,361.33
216365 3/30/2023 001608 CHADE, VIVIAN A 31623 RIGHT OF WAY - CHADE PROPERTY RIGHT OF E
2,361.33
Total : 2,361.33
216366 3/30/2023 001694 COSTAR REALTY INFORMATION INC 120279525 MAR 2023 CONTRACTUAL SVCS 796.00 Total : 796.00
216367 3/30/2023 000035 COUNTY OF RIVERSIDE, TLMA TL0000016753 JAN 2023 SLF COSTS FY22-23 4,494.31 Total : 4,494.31
216368 3/30/2023 000037 DATA TICKET, INC. 148746 FEB 2023 ONLINE/SSN CITATION

PROCESSING
380.93
510.07FEB 2023 DAILY CITE PROCESSING149368
Total : 891.00
216369 3/30/2023 001574 DOCUSIGN INC 111100022361 ESIGNATURE ENTERPRISE PRO EDITION / SUPP
4,520.10
Total : 4,520.10
79 03/30/2023
Voucher List
City of Wildomar
2 9:53:38AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216370 3/30/2023 000075 DOGGIE WALK BAGS, INC. 0105028-IN DISPENSER BAGS - MARNA O'BRIEN 576.25 Total : 576.25
216371 3/30/2023 000022 EDISON 021623-7151 02/13/23-03/14/23 ELECTRIC 5,241.14 -69.8502/13/23-03/14/23 ELEC 20171 AUTUM OAK (021623-7151 510.7201/12/23-03/01/23 CSA 103031323-7481
Total : 5,682.01
216372 3/30/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT12241430 02/11/23-03/14/23 WATER ZONE 3 LOC 7 M1 59.15 180.1902/11/23-03/14/23 WATER HERITAGE PK
(AUT
12241443
180.1902/12/23-03/15/23 WATER ZONE 3 LOC 25
M1
12244714
180.1902/12/23-03/15/23 WATER ZONE 3 LOC 25
M2
12244715
121.9402/12/23-03/15/23 WATER ZONE 3 LOC 24
M1
12246488

59.1502/12/23-03/15/23 WATER CFD 2013-1, ZONE12247651

37.1402/12/23-03/15/23 WATER MALAGA

GATEWAY P
12247811
Total : 817.95
216373 3/30/2023 000941 FRONTIER 32223 03/22/23-04/21/23 FIOS INTERNET

CHARGES
175.98
Total : 175.98
216374 3/30/2023 000685 GREAT AMERICA FINANCIAL SERVIC 33673031 CANON COLOR COPIER SYST. #018-1765784
214.24
Total : 214.24
216375 3/30/2023 000634 HEYDAY RECORDS AND EVENTS 1009 DJ- EGGSTRAVAGANZA & TEEN HUNT 2023 650.00 Total : 650.00
216376 3/30/2023 000072 INTERWEST CONSULTING GROUP 84809 DECEMBER 2022 CONTRACTUAL SVC - CIP 30,870.13 61,333.38DECEMBER 2022 CONTRACTUAL SVC84811
28,762.38JANUARY 2023 CONTRACTUAL SVC - CIP85702
81,706.94JANUARY 2023 CONTRACTUAL SVC85782
Total : 202,672.83
216377 3/30/2023 000304 JOE A. GONSALVES & SON 160615 0000423 MAR 2023 PROF. CONTRACTUAL

LEGISLATIVE A
3,000.00
80 03/30/2023
Voucher List
City of Wildomar
3 9:53:38AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 3,000.00 216377 3/30/2023 000304 000304 JOE A. GONSALVES & SON 216378 3/30/2023 001139 LIFTOFF, LLC 7071ADD3 OFFICE 365 7 MONTHS G3 ADD'L 3

LICENSES
420.00
Total : 420.00
216379 3/30/2023 001932 MIKE'S PREMIUM JUMPERS LLC 13659387 EGGSTRAVAGANZA - INFLATABLE RENTAL 583.99 Total : 583.99
216380 3/30/2023 001469 NGUYEN & LE, LLC 32823 PAYMENT FOR TEMPORARY EASEMENT (TCE) FOR
530.00
Total : 530.00
216381 3/30/2023 001677 OFFICE OF ECONOMIC DEVELOPMENT 2023-15 OCTOBER 2022 DIF LIBRARY 4,779.51 Total : 4,779.51
216382 3/30/2023 000042 PV MAINTENANCE, INC. 005-265 CITYWIDE MAINT. CONTRACTUAL

SERVICES - F
82,375.08
Total : 82,375.08
216383 3/30/2023 001918 REGIONAL GOVERNMENT SERVICES, AUTHORITY14738 0000445 CITY CLERK CONTRACTUAL SERVICES

FOR FEBR
178.50
Total : 178.50
216384 3/30/2023 001021 SPICER CONSULTING GROUP 1291 FY 22/23 ANNUAL ADMIN LLMD 89-1-C 2,791.67 Total : 2,791.67
216385 3/30/2023 000918 TKE ENGINEERING INC 2022-1181 CONTRACTUAL SVC 10/01/22-11/30/22 260.00 585.00CONTRACTUAL SVC 11/01/22-11/30/222022-1187
751.50CONTRACTUAL SVC 11/01/22-11/30/222022-1188
426.50CONTRACTUAL SVC 09/01/22-11/30/222022-1189
3,643.00CONTRACTUAL SVC 10/01/22-11/30/222022-1191
520.00CONTRACTUAL SVC 11/01/22-11/30/222022-1192
260.00CONTRACTUAL SVC 09/01/22-11/30/222022-1193
455.00CONTRACTUAL SVC 10/01/22-11/30/222022-1194

65.00CONTRACTUAL SVC 12/01/22-12/31/222022-1259
853.00CONTRACTUAL SVC 12/01/22-12/31/222022-1260
367.00CONTRACTUAL SVC 12/01/22-12/31/222022-1261
4,368.50CONTRACTUAL SVC 09/01/22-12/31/222022-1263

65.00CONTRACTUAL SVC 12/01/22-12/31/222022-1264
629.50CONTRACTUAL SVC 11/01/22-12/31/222022-1265
81 03/30/2023
Voucher List
City of Wildomar
4 9:53:38AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216385 3/30/2023 (Continued)000918 TKE ENGINEERING INC 130.00CONTRACTUAL SVC 12/01/22-12/31/222022-1266
1,336.50CONTRACTUAL SVC 10/01/22-12/31/222022-1267
455.00CONTRACTUAL SVC 12/01/22-12/31/222022-1268
195.00CONTRACTUAL SVC 12/01/22-12/31/222022-1269

65.00CONTRACTUAL SVC 12/01/22-12/31/222022-1270
130.00CONTRACTUAL SVC 11/01/22-12/31/222022-1271

65.00CONTRACTUAL SVC 12/01/22-12/31/222022-1272
130.00CONTRACTUAL SVC 12/01/22-12/31/222022-1274
983.00CONTRACTUAL SVC 12/01/22-12/31/222022-1275
361.50CONTRACTUAL SVC 12/01/22-12/31/222022-1276
853.00CONTRACTUAL SVC 12/18/22-12/31/222022-1277
1,231.00CONTRACTUAL SVC 01/01/23-01/31/232023-12
556.50CONTRACTUAL SVC 01/01/23-01/31/232023-14
426.50CONTRACTUAL SVC 01/01/23-01/31/232023-16
2,746.00CONTRACTUAL SVC 01/01/23-01/31/232023-17
1,864.50CONTRACTUAL SVC 01/01/23-01/31/232023-18
1,206.50CONTRACTUAL SVC 01/01/23-01/31/232023-19
4,116.50CONTRACTUAL SVC 01/01/23-01/31/232023-21
252.00CONTRACTUAL SVC 01/01/23-01/31/232023-22
601.00CONTRACTUAL SVC 11/01/22-01/31/232023-23
2,257.50CONTRACTUAL SVC 01/01/23-01/31/232023-24
Total : 33,211.00
216386 3/30/2023 001831 YUNEX, LLC 5610283201 TRAFFIC SIGNAL MAINTENANCE FEBRUARY 2023
1,494.50
Total : 1,494.50
Bank total : 5,636,837.71 28 Vouchers for bank code : wf 5,636,837.71Total vouchers :Vouchers in this report 28
82 ACH Date Payee Description Amount
3/1/2023 Viasat Inc Satellite Internet Service ‐ Cemetery District & Parks 175.88$
3/1/2023 Viasat Inc Satellite Internet Service ‐ Cemetery District & Parks 500.88
3/7/2023 WEX Inc Fleet Fuel Purchases 544.59
3/17/2023 US Bank
Business Meals, Conference Expenses,
Organizational Memberships, Special
Event Supplies, Repairs &
Maintenance, and Office Supplies
3,160.59
3/20/2023 Enterprise Fleet Management Monthly City Vehicle Lease Payment 5,217.00 3/28/2023 CFT NV Developments Monthly City Hall Lease 38,818.80 3/28/2023 CAMP Transfer to Investment Portfolio 5,237,630.92 3/29/2023 Viasat Inc Satellite Internet Service ‐ Cemetery District & Parks 175.88
3/29/2023 Viasat Inc Satellite Internet Service ‐ Cemetery District & Parks 500.88
TOTAL 5,286,725.42$
City of Wildomar
Wire Transfer Register
3/31/2023
83 ACH Date Payee Description Amount
3/2/2023 Heartland Payroll 02/11/2023-02/24/2023 96,375.89 $ 3/16/2023 Heartland Payroll 02/25/2023-03/10/2023 97,520.43 $ 3/30/2023 Heartland Payroll 03/11/2023-03/24/2023 93,561.82 $ 3/31/2023 Heartland Payroll 03/01/2023-03/31/2023 1,789.66 $ TOTAL 289,247.80$
City of Wildomar
Payroll Warrant Register
4/1/2023
84 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.6
Meeting Date: April 12, 2023
SUBJECT:

February 2023 Treasurers Report
SUBMITTED BY:

Adam Jantz
PREPARED BY:

Adam Jantz

ACTION:

Staff recommends that the City Council approve the Treasurer’s Report for February 2023.

DISCUSSION:

Attached is the Treasurer’s Report for Cash and Investments for the month of February 2023.

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.

On October 12th, 2022, the City entered into an agreement with PFM Asset Management as an investment advisor for the City’s CAMP investment pool and established an additional managed CAMP account for long-term investments. This will increase the returns on the City investments above the normal CAMP pool rate.

FISCAL IMPACT:

None.

ATTACHMENTS:

February 2023 Treasurer's Report
85 BEGINNING + (-) ENDING

FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO $ 8,774,948.59 $ 3,242,251.84 (1,174,134.03) $ 10,843,066.40 1.650% TOTAL $ 8,774,948.59 $ 3,242,251.84 $ (1,174,134.03) $ 10,843,066.40

AVERAGE

PERCENT OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 100 $ 4,780,734.79 $ 4,780,734.79 $ 4,780,734.79 17.11% 0 2.624% Various $ 6,140,021.32 $ 6,140,021.32 $ 6,140,021.32 21.97% 0 4.730% Various $ 17,021,748.52 $ 17,021,748.52 $ 16,818,535.39 60.92% 758 Variable TOTAL $ 27,942,504.63 $ 27,942,504.63 $ 27,739,291.50 100.00% CITY $ 38,785,571.03
+ + (-)

BEGINNING INTEREST WITHDRAWALS/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED SALES BALANCE RATE
100 General $ 4,780,734.79 $ 0.00 $ 0.00 $ 0.00 $ 4,780,734.79 2.624% 115 ARPA $ 5,721,459.22 $ 0.00 $ 20,776.11 $ 0.00 $ 5,742,235.33 4.730% 301 ENDWMNT $ 396,346.75 $ 0.00 $ 1,439.24 $ 0.00 $ 397,785.99 4.730% 100 General $ 5,707,273.06 $ 0.00 $ 4,161.70 $ 0.00 $ 5,711,434.76 Variable 110 DEVAG $ 483,630.02 $ 0.00 $ 352.66 $ 0.00 $ 483,982.67 Variable 115 ARPA $ 240,375.09 $ 0.00 $ 175.24 $ 0.00 $ 240,550.33 Variable 120 AA $ 6,044,956.43 $ 0.00 $ 4,407.93 $ 0.00 $ 6,049,364.36 Variable 212 WASTE $ 1,002,039.38 $ 0.00 $ 730.68 $ 0.00 $ 1,002,770.05 Variable 300 CEM $ 1,002,039.38 $ 0.00 $ 730.68 $ 0.00 $ 1,002,770.05 Variable 440 DIF Roads $ 2,529,032.15 $ 0.00 $ 1,844.14 $ 0.00 $ 2,530,876.29 Variable TOTAL $ 27,907,886.26 $ 0.00 $ 34,618.37 $ 0.00 $ 27,942,504.63

Adam J. Jantz
Adam J. Jantz
Acting City Treasurer
Date
3/14/2023

BREAKDOWN

TOTAL CASH AND INVESTMENTS
February 2023
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.

ISSUER

CAMP POOL

LOCAL AGENCY INVESTMENT FUND

LOCAL AGENCY INVESTMENT FUNDS
ISSUER

CAMP POOL

CAMP MANAGED ACCOUNT

CASH AND INVESTMENT PORTFOLIO

TREASURER'S REPORT FOR

CITY OF WILDOMAR

CITY CASH

CITY INVESTMENT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT
86 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.7
Meeting Date: April 12, 2023
SUBJECT:

Second Amendment to Design Professional Services
Agreement with Mark Thomas Corporation for the Palomar
Street/Wildomar Cemetery Improvement Project (CIP 028-2) SUBMITTED BY:

Jason Farag
PREPARED BY:

Warren Repke

ACTION:

Authorize the City Manager to execute the Second Amendment to the Design Professional Services Agreement for additional engineering services for the Palomar Street/Wildomar Cemetery Project.

SUMMARY:

The City previously entered into an agreement with Mark Thomas Corporation to prepare designs, project construction plans, and specifications for the improvement of Palomar Street from Wildomar Trail to Gruwell Street and Phase 1 Improvements to the Wildomar Cemetery.

At staff's request, Mark Thomas has submitted a proposal to provide additional services in association with the project.

BACKGROUND:

The City and Mark Thomas Corporation entered into an agreement in the amount of $309,335 for professional design services on April 14, 2021, to prepare designs and construction documents for the improvement of Palomar Street from Wildomar Trail to Gruwell Street and Phase 1 of the Wildomar Cemetery Improvements (Agreement).

An amendment (First Amendment) to the Agreement was approved in the amount of $36,865 on April 7, 2022, to provide additional services requested by the City revising the total contract amount to $346,200. These services included additional utility potholing, which will reduce unforeseen conflicts during construction, and preparation of legal descriptions and plats for right-of-way acquisition.

DISCUSSION:

During the design process and upon review of the 65% construction plans it was discovered 87 the project would benefit from and additional safety would be achieved from a more gradual transition of the travel lanes from the new improvements at Gruwell Street northerly to the existing conditions at Cert Street. The design and preparation of plans for this additional project extension exceeded the original scope of work. Staff requested a proposal from Mark Thomas to perform the required services.

Attachment A is the Second Amendment that includes the Mark Thomas proposed scope of work and fee in the amount of $45,060. This amendment brings the total contract amount to $354,395.

The proposed additional services will not impact or involve the Cemetery improvements and Cemetery funds will not be used for funding the amended work.

Staff recommends that the City Council authorize the City Manager to execute the Second Amendment to the Design Professional Services Agreement with Mark Thomas Corporation.

FISCAL IMPACT:

The original Mark Thomas agreement was funded by a combination of TUMF, Measure A, and Cemetery Funds. The additional services impact Palomar Street only and are eligible for TUMF funding. Staff requests an additional $45,060 from TUMF funding be appropriated to the CIP 028-2 Design budget since the additional services do not affect the Cemetery improvements, or the Gruwell Street improvements which are funded by Measure A.

ACCOUNT CODE:

CIP 028-2: Fund 503-912-0002-52115 = $45,060

ATTACHMENTS:

A - Second Amendment with Mark Thomas for CIP 028-2
88 Second Amendment to Professional Services Agreement for Palomar Widening Project CIP 28-2

This Second Amendment to Agreement for Design Professional Services (“Second Amendment”), which is dated as of ______________, 2023, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and MARK THOMAS CORPORATION, a California Corporation (“Design Professional”), as follows:

RECITALS

A. City and Design Professional entered into an agreement for Design Professional Services on April 14,2021 (“Agreement”). The Agreement provides that Design Professional will perform engineering design services.

B. A First Amendment was approved on April 7, 2022, for additional services in the amount of $36,865, increasing the contract amount $309,335.

C. Sections 2 and 4 of the Agreement provide the Scope of Services and Compensation for the performance of the services, respectively.

D. This Second Amendment amends Section 2 and 4 to provide that the services to be provided and compensation are modified as provided below.

OPERATIVE PROVSIONS

Now, therefore, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows:

1. Exhibit “A”, Scope of Services, is hereby modified to add the Scope of Services contained in the attached proposal dated February 23,2023.

2. Exhibit “B”, Compensation, is hereby modified to amend Task 2 to provide additional survey services, amend Task 6.3 to provide additional legal descriptions and plat maps and add Task 7.6 to make design modifications to accommodate a 40MPH design speed. The total additional compensation is $45,060.

3. The second sentence in Section 4 is hereby amended as follows:

The total compensation including reimbursement for actual expenses shall not exceed Three Hundred Fifty-Four Thousand Three Hundred Ninety-Five dollars ($354,395).

DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 89 GENERAL PROVISIONS

1. Remainder Unchanged. Except as specifically modified and amended in the First Amendment and this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.

2. Integration. This Second Amendment consists of two pages and the attached proposal inclusive and constitutes the entire understanding of the parties.

3. References. All reference to the Agreement includes all its respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as assigned to such terms in the Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF WILDOMAR

MARK THOMAS

__________________________ _______________________ Daniel A York Darin Johnson, PE
City Manager Division Manager

DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 90 ATTACHMENT A

MARK THOMAS PROPOSAL
DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 91 February 3, 2023

Warren Repke, P.E., Capital Projects Manager
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Wildomar Cemetery Perimeter Wall, Fencing and ADA Improvements and Palomar Street Widening – Additional Services No. 2
Dear Mr. Repke:

On behalf of Mark Thomas & Company, Inc. (Mark Thomas), I would like to thank you for giving us the opportunity to submit this proposal for additional services. Based upon previous discussions with you and City staff, it is our understanding you are requesting Mark Thomas to provide additional topographic survey, right of way engineering and design services.

SCOPE OF SERVICES
SURVEY
Task 2. 4 – Add it ion a l Topograph ic S ur vey
Additional topographic survey is necessary to accommodate portions of Palomar Street due to the change in design speed and new construction associated with a proposed tract development just north of the Cert Street / Palomar Street intersection. The original survey proposed with our initial proposal included design topographic survey approximately 500 feet north of the Gruwell Street / Palomar Street intersection. To accommodate design transitions for a 40-mph design speed north of Gruwell, topographic survey will be necessary to approximately 100 feet north of the Ione Lane / Palomar Street intersection. Mark Thomas will perform a design level topographic survey for this additional area using conventional survey and performed at 25-foot intervals along the street section between Gruwell Street and 100 feet north of Ione Lane. This will include visible improvements will be located within the street right of way, including utilities, manholes, valve covers, utility vaults and covers, signposts, signs, trees, utility poles, traffic signal poles, cross gutters, local depressions, catch basins, driveway openings, sidewalks, corner access ramps, fire hydrants, parkway drains, etc. Visible indications of surface utilities lying within said limits will be located, as will accurate lid/rim elevations for drainage structures present.

DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 92 A s s u m p t i o n s
 N/A
D e l i v e r a b l e s
 Additional Topographic Design Survey of Palomar Street within limits described above in AutoCAD and pdf formats

RIGHT OF WAY ENGINEERING
Task 6. 3 – A dd it ion al Leg al Desc rip tion s / Pla t Map s Mark Thomas will prepare up to three (3) additional legal descriptions and plat map exhibits (APN’s 376-060-012, 368-091-025/026, and 376-060-030) to support acquisition efforts on properties with permanent and temporary (EMWD owned parcel) interests necessary for the project only under the responsible charge of California Licensed Professional Land Surveyor. All easements and encumbrances included in Schedule B of the PTRs to be provided by the City that are mappable will be included on the plat map exhibits to the legal descriptions.

A s s u m p t i o n s
 The City’s right of way acquisition consultant will provide all necessary PTRs, deed jackets for interests, and right of entry form.
 Mark Thomas will provide the Right of Way Requirements Map and 65% plans to support rights of entry, no additional exhibits will be provided.

D e l i v e r a b l e s
 Legal Descriptions, Plat Map Exhibits signed by a California Land Surveyor – In PDF format (up to 3)
PS&E
Task 7.6 – New / Modif ica tions to Imp ro vement Plans Using merge and taper transition standards per the California Manual of Uniform Traffic Control Devices (CA MUTCD), an approximate length of up to 1300 feet is necessary north of Gruwell Street using a design speed of 40 mph to merge the two northbound lanes into one and for tapers necessary to transition southbound traffic westerly to align with the project improvements. Additionally, the reverse curve just north of the Elm Street and Palomar Street intersection needs to be increased to meet Caltrans HDM requirements for horizontal curves for a 40-mph design speed. The length of the merging / taper transitions and changes to the reverse curve will result in new demolition, street improvement, signing / striping, and utility plan sheets, and modifications to existing driveway details along the United States Post Office frontage.

DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 93 A s s u m p t i o n s
 Mark Thomas will design ultimate (west side of Palomar Street only) and interim improvements between Cert Street and Gruwell Street for the length of the transition.
 Mark Thomas will include the design of a decomposed granite trail surface between Cert Street and Gruwell Street on the west side of Palomar Street.

D e l i v e r a b l e s
 The following new improvement plan sheets:
o Demolition Plan – 1 Sheet
o Street Improvement Plan – 2 Sheets
o Signing & Striping Plan – 1 Sheet
o Utility Plan – 1 Sheet
 Modifications to the following improvement plans
o Construction Details – Driveways Along USPS Frontage – 1 Sheet  Updates to the Project Estimate for New Quantities

DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 94 FEE PROPOSAL
Mark Thomas proposes the following fee for the scope and deliverables outlined herein.

For additional information regarding fees, hours, and classifications, refer to “Appendix A – Fee Schedule” included with this Additional Services No. 2 Request.

Refer to Appendix C – Project Schedule for an updated programmatic schedule to deliver final PS&E and studies for this project. Thank you again for this opportunity to submit this proposal and please do not hesitate to contact myself at (951) 870-3094 or via email directly at [email protected].

Thanks,

Sincerely,

MARK THOMAS
Josh Cosper, PE, PLS
Senior Project Manager

TASK DESCRIPTION FEE
Survey
Task 2.4 – Additional Topographic Survey $8,380
Right of Way Engineering
Task 6.3 – Additional Legal Descriptions / Plat Maps $7,500 PS&E
Task 7.6 – New / Modifications to Improvement Plans $29,180 Additional Services No. 2 – Total $45,060
DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 95 APPENDIX A

FEE PROPOSAL
DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 96 Joshua Cosper
Sr. Project Manager
Project Engineer
Design Engineer I
Sr. Survey Manager
Project Surveyor
Survey Technician
2 Person Field Crew
Project Coordinator

CL SURVEYING &

MAPPING
$255 $165 $110 $260 $170 $115 $280 $110 Non-DBE

2.0 Survey

2.4 Additional Topographic Survey (Palomar Street) 2 12 14 $1,720 $6,660 $8,380 Subtotal Phase 2 0 0 0 0 2 12 0 0 14 $1,720 $6,660 $8,380

6.0 Right of Way Engineering

6.1 Additional Legal Descriptions & Plat Maps 2 14 40 56 $7,500 - $7,500 Subtotal Phase 6 0 0 0 2 14 40 0 0 56 $7,500 $0 $7,500

7.0 PS&E

7.6 New / Modifications to Improvement Plans 0 $0 - $0

7.6.1 New Demolition Plan (1 Sheet) 1 4 32 37 $4,435 - $4,435

7.6.2 New Street Improvement Plan (2 Sheets) 28 48 76 $9,900 - $9,900

7.6.3 New Signing/Striping Plan (1 Sheet) 1 4 32 37 $4,435 - $4,435

7.6.4 New Utility Plan (1 Sheet) 4 24 28 $3,300 - $3,300

7.6.5 Modifications to Construction Details (1 Sheet) 4 28 32 $3,740 - $3,740

7.6.5 Updates to Project Estimate/Specifications 2 4 20 26 $3,370 - $3,370 Subtotal Phase 7 4 48 184 0 0 0 0 0 236 $29,180 $0 $29,180 TOTAL HOURS 4 48 184 2 16 52 0 0 306
OTHER DIRECT COSTS $0 $0 $0
TOTAL COST $1,020 $7,920 $20,240 $520 $2,720 $5,980 $0 $0 $38,400 $6,660 $45,060 Total MT
Cost

WILDOMAR CEMETERY PERIMETER WALL, FENCING AND ADA IMPROVEMENTS AND PALOMAR STREET WIDENING - ADDITIONAL SERVICES NO. 2
Subconsultants
TOTAL COSTTotal
Hours
2/3/2023
DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 97

APPENDIX B

CL SURVEYING PROPOSAL
DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 98 400 E. Rincon St., Ste 202
Corona, CA 92879
909.484.4200
www.CL-Survey.com

1 December 12, 2022

Josh Cosper
Mark Thomas
3400 Inland Empire Boulevard, Suite 101
Ontario, CA 91764

Via Email: [email protected]

RE: City of Wildomar
Wildomar Cemetery – Areas 1A & 2 Additional Survey

Dear Josh,

CL Surveying and Mapping appreciates the opportunity to present this enclosed proposal for the subject surveying services. We take pride in our exceptional level of professional services and the quality of our survey work. I know you will find our organization to be responsive to your needs and schedules.

The work will be performed as summarized in Exhibit “A” Scope of Work.

We look forward to the opportunity to work with your firm. We are a Certified MBE SBE DBE firm and are a signatory to the Operating Engineers, Local 12 Labor Agreement.

Thank you for your consideration of this proposal. If you have any questions or would like additional information, please do not hesitate to give me a call at (909) 484-4200.

Sincerely,

CL SURVEYING AND MAPPING, INC.

Lam Le, PLS
President

DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 99 400 E. Rincon St., Ste 202
Corona, CA 92879
909.484.4200
www.CL-Survey.com

2 EXHIBIT “A”

CITY OF WILDOMAR
WILDOMAR CEMETERY – AREAs 1A & 2 ADDITIONAL SURVEY

December 12, 2022

Task 1–Topography and Survey
Perform additional field topographic survey to document existing site topography and planimetrics in Areas 1A & 2 as shown on Exhibit “B”. Substantial visible improvements will be located within and beyond the street right of way, including utilities, manholes, valve covers, utility vaults and covers, signposts, signs, trees, utility poles, traffic signal poles, cross gutters, local depressions, catch basins, driveway openings, sidewalks, corner access ramps, fire hydrants, parkway drains, etc. Visible indications of surface utilities lying within the project limits will be located, as will accurate lid/rim elevations for drainage structures present. Street cross sections will be taken at 25-foot intervals.

Task 1 – Area 1A Total: $6,660.00
Task 1 – Area 2 Total: $3,640.00

Deliverables will include an AutoCAD drawing file along with the Ascii point file of the survey points collected in the field.

DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 100
400 E. Rincon St., Ste 202
Corona, CA 92879
909.484.4200
www.CL-Survey.com

3 EXHIBIT “B”

DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 101

APPENDIX C

PROJECT SCHEDULE
DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 102
ID
Task
Mode
Task Name Duration Start Finish Predecessors
1 Contract Administration 186 days Wed 4/14/21 Wed 12/29/21 2 City Council Approval 1 day Wed 4/14/21 Wed 4/14/21
3 Issuance of NTP 0 days Wed 5/26/21 Wed 5/26/21
4 CEQA Document 130 days Thu 7/1/21 Wed 12/29/21
5 Project Management 441 days Wed 5/26/21 Wed 2/1/23
6 Kickoff Meeting 1 day Wed 5/26/21 Wed 5/26/21 3
7 PDT Meetings 22 mons Thu 5/27/21 Wed 2/1/23 6
8 Utility Coordination 489 days Thu 5/27/21 Tue 4/11/23 9 Introductory Letters 5 days Thu 5/27/21 Wed 6/2/21 6
10 Research/Base Mapping 20 days Thu 6/17/21 Wed 7/14/21 16FF+10 days 11 Conflict Mapping 45 days Wed 5/25/22 Tue 7/26/22 28
12 Relocation Claim Letters 10 days Wed 7/27/22 Tue 8/9/22 11 13 Notice to Owners to Relocate5 days Wed 4/5/23 Tue 4/11/23 30FF 14 Survey 45 days Thu 5/27/21 Wed 7/28/21
15 Establish Control 5 days Thu 5/27/21 Wed 6/2/21 6
16 Topographic/Right of Way
Base Maps
20 days Thu 6/3/21 Wed 6/30/21 15
17 Corner Record 20 days Thu 7/1/21 Wed 7/28/21 16
18 Conceptual Design 94 days Thu 7/1/21 Wed 11/10/21
19 Develop Inspiration
Boards/Initial Concepts
20 days Thu 7/1/21 Wed 7/28/21 16
20 City Staff Work Shop 0 days Wed 7/28/21 Wed 7/28/21 19 21 Finalize Concepts 10 days Thu 7/29/21 Wed 8/11/21 20 22 Council Presentation 0 days Wed 11/10/21 Wed 11/10/21 23 WQMP 260 days Wed 4/13/22 Tue 4/11/23
24 Draft WQMP 30 days Wed 4/13/22 Tue 5/24/22 28FF
25 City Review 20 days Wed 8/31/22 Tue 9/27/22 29FF
26 Final WQMP 20 days Wed 3/15/23 Tue 4/11/23 30FF
27 PSE&s 390 days Wed 11/10/21 Tue 5/9/23
28 60% Improvement Plans,
Estimate
140 days Wed 11/10/21 Tue 5/24/22 22
29 City Review 90 days Wed 5/25/22 Tue 9/27/22 28
30 90% Improvement Plans,
Specifications, Estimate
140 days Wed 9/28/22 Tue 4/11/23 29
31 City Review 10 days Wed 4/12/23 Tue 4/25/23 30
32 Final Submittal 10 days Wed 4/26/23 Tue 5/9/23 31
33 Bid/Construction
Support
306 days Wed 3/15/23 Wed 5/15/24
34 Bidding/Procurement Phase 66 days Wed 5/10/23 Wed 8/9/23 35FF,32 35 Award of Construction 86 days Wed 3/15/23 Wed 7/12/23 36 Construction 8 mons Thu 7/13/23 Wed 2/21/24 35
37 Final Closeout 3 mons Thu 2/22/24 Wed 5/15/24 36
38 Property Acquisition &
Permits
283 days Fri 7/15/22 Tue 8/15/23
39 Notice of Decision to Appraise1 day Fri 7/15/22 Fri 7/15/22 40 RW Requirements Approval
by the City
1 day Tue 7/19/22 Tue 7/19/22
41 Legal Descriptions and Plat
Maps
30 days Wed 7/20/22 Tue 8/30/22 40
42 Appraisals Completed 75 days Mon 7/18/22 Fri 10/28/22 39 43 Just Compensation Approval30 days Mon 10/31/22 Fri 12/9/22 42 44 Issue Offers 12 days Mon 12/12/22 Tue 12/27/22 43
45 Negotiations/Signed
Agreements
69 days Wed 12/28/22 Mon 4/3/23 44
46 Escrows Process 96 days Tue 4/4/23 Tue 8/15/23 45
47 Possession of Property 10 days Tue 4/4/23 Mon 4/17/23 45 48 Escrows Closed 1 day Tue 8/15/23 Tue 8/15/23 46FF
5/26
7/28
11/10
1 6 11 1621 26 1 6 1116 2126 31 5 101520 2530 5 10 1520 2530 4 9 14 1924 29 3 8 1318 2328 3 8 1318 2328 2 7 12 1722 27 2 7 1217 2227 1 6 1116 212631 5 10 1520 25 2 7 1217 2227 1 6 1116 2126 1 6 11 1621 2631 5 1015 2025 30 5 1015 202530 4 9 1419 2429 3 8 13 1823 28 3 8 13 182328 2 7 1217 2227 2 7 12 1722 27 1 6 11 162126 31 5 1015 2025 2 7 12 1722 27 1 6 11 162126 1 6 1116 2126 31 5 101520 2530 5 10 1520 2530 4 9 14 1924 29 3 8 1318 2328 3 8 1318 2328 2 7 12 1722 27 2 7 1217 2227 1 6 1116 212631 5 10 1520 25 1 6 1116 2126 31 5 1015 202530 5 10 1520 2530 4 9 14 1924 29 4 9 14 192429 3 8 1318 2328 2 7 April 2021 May 2021 June 2021 July 2021 August 2021 September 2021October 2021 November 2021December 2021 January 2022 February 2022 March 2022 April 2022 May 2022 June 2022 July 2022 August 2022 September 2022October 2022 November 2022December 2022 January 2023 February 2023 March 2023 April 2023 May 2023 June 2023 July 2023 August 2023 September 2023October 2023 November 2023December 2023 January 2024 February 2024 March 2024 April 2024 May 2024 June 2024 July 2024 August 2024 September 2024 Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
City of Wildomar - CIP 67-1 and 28-2
Wildomar Cemetery Perimeter Wall, Fencing and ADA Improvements and Palomar Street Widening Project

Page 1 ends

Project: Wildomar Schedule
Date: Fri 2/3/23
DocuSign Envelope ID: 2303C378-2CB8-4779-A14B-6BD8DF832C85 103

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.8
Meeting Date: April 12, 2023
SUBJECT:

Ordinance No. 228 - 2nd Reading (ZOA No. 2023-01):

SUBMITTED BY:

Matthew Bassi
PREPARED BY:

Matthew Bassi

ACTION:

The Planning Commission recommends that the City Council adopt an Ordinance entitled:

ORDINANCE NO. 228

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A GENERAL RULE EXEMPTION IN ACCORDANCE WITH SECTION 15061(B) (3) OF CEQA, AND AMENDING CHAPTER 17.290 OF WILDOMAR MUNICIPAL CODE

RELATED TO DENSITY BONUSES AND OTHER INCENTIVES
SUMMARY:

The City Council approved the first reading of Ordinance No. 228 at the March 8, 2023 City Council meeting for Zoning Ordinance Amendment No. 2023-01. At this time, it would be appropriate for the City Council to adopt Ordinance No. 228.

ATTACHMENTS:

Attach A - Ordinance No 228.docx
104

ATTACHMENT A
Ordinance No. 228
(for ZOA 2023-01)
105
ORDINANCE NO. 228

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, ADOPTING A GENERAL RULE
EXEMPTION IN ACCORDANCE WITH SECTION 15061(B)(3) OF
CEQA, AND AMENDING CHAPTER 17.290 OF WILDOMAR

MUNICIPAL CODE RELATED TO DENSITY BONUSES AND

OTHER INCENTIVES
THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:

SECTION 1. Findings. The City Council finds as follows:

A. California Government Code section 65915 (“Density Bonus Law”) requires local agencies to provide density bonuses, incentives and concessions to developers of qualifying affordable housing projects in order to promote the production of housing for very low, low and moderate income households and senior citizens, and requires local agencies to adopt an ordinance that specifies how compliance with the Density Bonus Law will be implemented.

B. The City Council adopted Ordinance No. 88 in 2014 adding Chapter 17.290 to the Municipal Code implementing the Density Bonus Law. There have been several amendments to the Density Bonus Law in the intervening years and Chapter 17.290 needs to be updated to be consistent with the current Density Bonus Law.

C. On February 1, 2023, the Planning Commission conducted a duly noticed public hearing to consider the proposed ordinance and voted to recommend to the City Council that they adopt the proposed zoning text change.

D. On March 8, 2023, the City Council conducted a duly noticed public hearing to consider the proposed ordinance.

E. The adoption of this Ordinance is exempt from review under the California Environmental Quality Act (CEQA) because the City is required to adhere to the requirements of the Density Bonus Law regardless of whether this Ordinance is adopted.

The requirements of this Ordinance do not exceed or in any way deviate from the requirements of the Density Bonus Law. Development projects that seek to utilize the Density Bonus Law and this Ordinance will undergo environmental review if required by CEQA. As such, it can be seen with certainty that the adoption of this Ordinance will not have a potentially significant impact on the environment and is exempt from CEQA review pursuant to CEQA Guideline 15061(b)(3).

SECTION 2. Amendment of Chapter 17.290 to the Wildomar Municipal Code.

Chapter 17.290 of the Wildomar Municipal Code is amended in its entirety to read as shown in Exhibit 1 hereto.
106
SECTION 3. SEVERABILITY
If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.”
SECTION 4. EFFECTIVE DATE.

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

SECTION 5. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).

APPROVED AND ADOPTED this 12th day of April, 2023
___________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
107
EXHIBIT 1
Chapter 17.290 DENSITY BONUSES AND OTHER INCENTIVES

17.290.010 Definitions.

For purposes of this chapter, the following definitions apply:
“Affordable housing cost” has the definition set forth in California Health and Safety Code Section 50052.5.
“Affordable rent” has the definition set forth in California Health and Safety Code Section 50053.
“Approval authority” means the City Council, Planning Commission, or Director. The approval authority shall be the person or body that has the authority to approve the plot plan or other applications for the subject housing development under the Zoning Ordinance or Subdivision Ordinance.
“Child care facility” means a child daycare facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child care centers.
“Common interest development” has the definition set forth in California Civil Code Section 4100.
“Concession” or “incentive” means any of the following:

1. A reduction in site development standards or a modification of Zoning Ordinance requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission, as provided in Part 2.5 (the State Building Code commencing with Health and Safety Code Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements, and in the ratio of vehicular parking spaces that would otherwise be required, that results in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

2. Approval of mixed use zoning in conjunction with a housing project, if commercial, office, industrial or other land uses will reduce the cost of a housing development, and if the commercial, office, industrial or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

3. Other regulatory incentives or concessions proposed by the applicant or the City that result in identifiable and actual cost reductions to provide for affordable housing costs or affordable rents.

This definition does not limit or require the provision of direct financial incentives for a housing development, including the provision of publicly owned land by the City or the waiver of fees or dedication requirements.
108
“Density bonus” means a density increase over the otherwise maximum allowable residential density as of the date of application by the applicant to the City. “Development standard” means a site or construction condition, including but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, General Plan element, specific plan, or other city condition, law, policy, resolution or regulation. “Director” means the Planning Director or the Director’s designee. “Housing development” means a development project for five or more residential units, including mixed use developments. “Housing development” also includes a subdivision or common interest development consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in the number of residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels.

The density bonus is permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. “Lower income households” has the definition set forth in California Health and Safety Code Section 50079.5.
“Major transit stop” has the same meaning as defined in Public Resources Code Section 21155(b).
“Maximum allowable residential density” or “base density” means the maximum number of units allowed under the Zoning Ordinance, Specific Plan, or land use element of the General Plan, or if a range of density is permitted, the maximum number of units allowed by the specific zoning range, specific plan, or land use element of the General Plan applicable to the project. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan, the greater shall prevail. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the City shall calculate the number of units as provided for in Government Code Section 65915(o)(6).
“Moderate income households” has the definition for “persons or families of moderate income” set forth in California Health and Safety Code Section 50093(b). “Multifamily dwelling” has the definition set forth in California Government Code Section 65863.4(d).
“Qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
109
“Senior citizen housing development” has the definition set forth in California Civil Code Section 51.3.
“Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section. A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units. When an applicant proposes to construct a housing development that conforms to the requirements of Section 17.290.020(C)(1) or (2) that is a shared housing building, the city shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with this definition. “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations) and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of Government Code section 65915. For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
“Specific, adverse impact” has the definition set forth in California Government Code Section 65589.5(d)(2).
“Total units,” “total dwelling units,” or “total rental beds” does not include units added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
“Very low income households” has the definition set forth in California Health & Safety Code Section 50105.
“Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita, or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization. (Ord. 88 § 2, 2014) 110

17.290.020 General density bonus provisions.

A. Application. Any person that desires a density bonus must make an application on a form approved by the Director at the time of submitting an entitlement application for the housing development for which a density bonus is requested.

B. Incentives and Concessions. When an applicant seeks a density bonus for a housing development or for the donation of land for housing within the City, the City must provide the applicant incentives or concessions for the production of housing units and child care facilities as provided in this chapter.

C. Available Density Bonus Options. The approval authority will grant one density bonus, the amount of which will be as specified in Section 17.290.050, and incentives or concessions as described in Section 17.290.030, when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following:

1. 10% percent of the total units of a housing development, including a shared housing building development, for lower income households.

2. 5% of the total units of a housing development, including a shared housing building development, for very low income households.

3. A senior citizen housing development. For purposes of this subparagraph, “development” includes a shared housing building development.

4. 10% of the total dwelling units in a common interest development for moderate income households, provided that all units in the housing development are offered to the public for purchase.

5. 10% of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.).

6. 20% of the total units for lower income students in a student housing development that meets the requirements of Government Code Section 65915(b)(1)(F).

7. 100% of all units in the development, including total units and density bonus units, but exclusive of a manger’s unit or units, are for lower income households, except that up to 20% of the units in the development, including total units and density bonus units, may be for moderate-income households.

For purposes of this subparagraph, “development” includes a shared housing building development.

D. Applicant’s Election of Basis for Bonus. For purposes of calculating the amount of the density bonus pursuant to Section 17.290.050, the applicant who requests a density bonus pursuant to this section must elect whether the bonus will be awarded on the basis of subsection (C)(1), (2), (3), (4), (5), (6), or (7) of this section. 111
E. Continued Affordability.

1. An applicant must agree to the continued affordability of all low and very low income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.
a. Rents for the lower income density bonus units in a housing development receiving a density bonus under subsections (C)(1), (2), (3), (4), (5) or (6) must be set at an affordable rent.
b. Rents for all units in a housing development receiving a density bonus under subsection (C)(7) shall be as follows:
i. The rent for at least 20 percent of the units in the development shall be set at an affordable rent.
ii. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee.

2. The City will require an equity-sharing agreement pursuant to Section 65915(c)(2), unless such an agreement would be in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:
a. Upon resale, the seller of the unit may retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City will recapture any initial subsidy and its proportionate share of appreciation, if any, which amount must then be used within five years for any of the purposes that promote home ownership, as described in California Health and Safety Code Section 33334.2(e).
b. The City’s initial subsidy will be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale will be used as the initial market value.
c. The City’s proportionate share of appreciation will be equal to the ratio of the initial subsidy to the fair market value of the unit at the time of initial sale.

3. Notwithstanding paragraph E.2 above, for-sale units may be purchased by a qualified nonprofit housing corporation pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code and includes all of the requirements stated in Government Code section 65915(c)(2)(A)(ii). 112
F. Eligibility. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this chapter if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, as “replace” is defined in Government Code Section 65915(c)(3)(B), and either of the following applies:
a. The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subsection (C) of this section.
b. Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. (Ord. 88 § 2, 2014)

17.290.030 Incentives and concessions.

A. Proposal by Applicant. An applicant for a density bonus pursuant to Section 17.290.020 may submit a proposal for the specific incentives or concessions that the applicant requests pursuant to this chapter and may request a meeting with the Director.

B. Number of Incentives. Subject to subsection C of this section, the applicant will receive the following number of incentives or concessions:

1. One incentive or concession for housing developments that include at least 10% of the total units for lower income households, at least 5% for very low income households, or at least 10% for moderate income households in a common interest development.

2. Two incentives or concessions for housing developments that include at least 17% of the total units for lower income households, at least 10% for very low income households, or at least 20% for moderate income households in a common interest development.

3. Three incentives or concessions for housing developments that include at least 24% of the total units for lower income households, at least 15% for very low income households, or at least 30% for moderate income households in a common interest development.

4. Four incentives or concessions for housing developments that include 100% of the total units, not including manager’s units, for lower income households, except that up to 20% of the units may be for moderate-income households. If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
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C. Findings. The approval authority must grant the concessions or incentives requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for affordable rents as specified in Section 17.290.020(E);

2. The concession or incentive would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate income households; or

3. The concession or improvement would be contrary to state or federal law. (Ord. 88 § 2, 2014)

17.290.040 Waiver or reduction of development standards.

A. Proposal by Applicant. An applicant may submit to the City a proposal for the waiver or reduction of development standards that the applicant believes will have the effect of physically precluding the construction of the proposed housing development at the densities or with the concessions or incentives permitted by this chapter and may request a meeting with the Director. A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions that the applicant is entitled to under Section

17.290.030.

B. Findings. The approval authority must waive or reduce the development standard requested by the applicant, unless it makes a written finding, based upon substantial evidence, that:

1. The development standard does not physically preclude the construction of the proposed housing development at the densities or with the concessions or incentive permitted by this chapter;

2. The waiver or reduction would have a specific, adverse impact upon public health and safety, or the physical environment, or on any real property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

3. The waiver or reduction would be contrary to state or federal law. (Ord. 88 § 2, 2014)

17.290.050 Calculation of density bonus.

A. The amount of density bonus to which the applicant is entitled will vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in Section 17.290.020(C). The applicant may elect to accept a lesser percentage of density bonus.
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B. For housing developments meeting the criteria of Section 17.290.020(C)(1), the density bonus will be calculated as follows:

Percentage (%) of Low Income Units Percentage (%) Density Bonus 10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
C. For housing developments meeting the criteria of Section 17.290.020(C)(2), the density bonus will be calculated as follows:

Percentage (%) of Very Low Income Units Percentage (%) Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
D. For housing developments meeting the criteria of Section 17.290.020(C)(3) the density bonus will be 20% of the number of senior housing units. 115
E. For housing developments meeting the criteria of Section 17.290.020(C)(5) the density bonus shall be 20% of the number of the type of units giving rise to a density bonus under that subsection.

F. For housing developments meeting the criteria of Section 17.290.020(C)(6) the density bonus shall be 35% of the student housing units.

G. For housing developments meeting the criteria of Section 17.290.020)C)(7) the following shall apply:
(i) Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80% of the number of units for lower income households. (ii) If the housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density. (iii) If the housing development is located in a very low vehicle travel area, the city shall not impose any maximum controls on density.

H. For housing developments meeting the criteria of Section 17.290.020(C)(4), the density bonus will be calculated as follows:

Percentage (%) of Moderate Income Units Percentage (%) Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
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32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
I. All density calculations resulting in fractional units will be rounded up to the next whole number. (Ord. 88 § 2, 2014)

17.290.060 Additional density bonus through donation of land.

A. Criteria for Additional Density Bonus. An applicant for a housing development will be eligible for the additional density bonus described in this section if all of the following conditions are met:

1. The applicant donates and transfers land to the City no later than the date of approval of the final subdivision map or parcel map or residential development application.

2. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households, in an amount not less than 10% of the total number of residential units in the applicant’s proposed housing development.

3. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure.
a. The land must have appropriate zoning and development standards to make the development of the affordable units feasible.
b. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land must have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, except that the local government may subject the proposed development to subsequent design review, to the extent authorized by
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California Government Code Section 65583.2(i), if the design is not reviewed by the City prior to the time of transfer.

4. The transferred land and the affordable units will be subject to a deed restriction ensuring continued affordability of the units consistent with Section 17.290.020(E)(1) and (2), which restriction will be recorded on the property at the time of the transfer.

5. The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to such housing developer.

6. The transferred land must be within the boundary of the proposed housing development or, if the City agrees, within one-quarter mile of the boundary of the proposed housing development.

7. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

B. Grant of Additional Density. When an applicant for a housing development approval donates land to the City that meets the criteria of subsection A of this section, the applicant will be entitled to an increase above the otherwise maximum allowable residential density under the applicable zoning and the land use designation of the General Plan for the entire development, as follows:

Percentage (%) of Very Low Income Percentage (%) Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
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28 33
29 34
30 35
C. Limitations. This increase provided for in this section is in addition to any increase in density mandated by Section 17.290.020(C), up to a maximum combined density increase of 35%, if an applicant seeks increases required pursuant to both this section and Section 17.290.020(C).

1. All density calculations resulting in fractional units will be rounded up to the next whole number.

2. Nothing in this section will be construed to enlarge or diminish the authority of the City to require a developer to donate land as a condition of development. (Ord. 88 § 2, 2014)

17.290.070 Additional density bonus or concession or incentive through provision of child care facility.

A. Grant of Additional Density or Concessions. When an applicant proposes to construct a housing development that conforms to the requirements of Section 17.290.020(C) and includes a child care facility that will be located on the premises of, as part of, or adjacent to, the housing development, the approval authority must grant one of the following:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B. Conditions of Approval. The approval authority will require, as a condition of approving the housing development, that the following occur:

1. The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to Section 17.290.020(E).

2. Of the children who attend the child care facility, the children of very low income households, lower income households, or moderate income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or moderate income households pursuant to Section

17.290.020(C).

C. Adequate Facilities Exception. Notwithstanding any requirement of this section, the Planning Commission or City Council is not required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community has adequate child care facilities. (Ord. 88 § 2, 2014) 119

17.290.080 City’s discretion in granting density bonus.

Nothing in this chapter will be construed to prohibit the approval authority from granting a density bonus greater than what is described in this chapter for a housing development that meets the requirements of this chapter, or from granting a proportionately lower density bonus than what is required by this chapter for housing developments that do not meet the requirements of this chapter. (Ord. 88 § 2, 2014)

17.290.090 Parking requirements.

A. Maximum Ratios. Upon the request of the applicant, the City will not require a vehicular parking ratio, inclusive of handicapped and guest parking, of a housing development meeting the criteria of Section 17.290.020(C) that exceeds the following ratios:

1. Zero to one bedroom: one on-site parking space.

2. Two to three bedrooms: one and a half on-site parking spaces.

3. Four and more bedrooms: two and one-half parking spaces.

B. Special Situations.

1. If a development includes at least 20% low-income units for housing developments meeting the criteria of Section 17.290.020(C)(1) or at least 11% very low income units for housing developments meeting the criteria of Section

17.290.020(C)(2) is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the city shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit.

2. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets either of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

3. If a development meet the criteria of Section 17.290.020(C)(7), then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets any of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. 120
b. The development is a for-rent housing development for individuals who are 62 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
c. The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. Development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

B. Provision of Parking. If the total number of parking spaces required for a housing development is other than a whole number, the number will be rounded up to the next whole number. For purposes of this section, a housing development may provide “on-site parking” through tandem parking or uncovered parking, but not through on-street parking.

C. Additional Incentives. This section applies to a development that meets the requirements of Section 17.290.020(C), but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this section, subject to Section 17.290.030. A request pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 17.290.030. (Ord. 88 § 2, 2014)

17.290.100 Interpretation.

The granting of a density bonus, concession or incentive pursuant to this chapter shall not be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. (Ord. 88 § 2, 2014) End
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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: April 12, 2023
SUBJECT:

Ordinance No. 229 - 2nd Reading - ZOA No. 2023-02:

SUBMITTED BY:

Matthew Bassi
PREPARED BY:

Matthew Bassi

ACTION:

The Planning Commission recommends that the City Council adopt an Ordinance entitled:

ORDINANCE NO. 229

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING CHAPTER 17.320 (BOARDING HOUSES AND GROUP HOMES) TO TITLE 17 (ZONING) AND AMENDING SECTION 17.208.010 OF THE WILDOMAR MUNICIPAL CODE

REGULATING BOARDING HOUSES AND GROUP HOMES, AND FINDING THIS

ORDINANCE TO BE EXEMPT FROM CEQA REVIEW PURSUANT TO CEQA GUIDELINE 15061(B)(3)
SUMMARY:

The City Council approved the first reading of Ordinance No. 229 at the March 8, 2023 City Council meeting. At this time, it would be appropriate for the City Council to adopt Ordinance No. 229.

ATTACHMENTS:

Attach A - Ordinance No 229.docx
122

ATTACHMENT A
Ordinance No. 229
(for ZOA 2023-02)
123
ORDINANCE NO. 229

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, ADDING CHAPTER 17.320
(BOARDING HOUSES AND GROUP HOMES) TO TITLE 17
(ZONING) AND AMENDING SECTION 17.208.010 OF THE

WILDOMAR MUNICIPAL CODE REGULATING BOARDING

HOUSES AND GROUP HOMES, AND FINDING THIS

ORDINANCE TO BE EXEMPT FROM CEQA REVIEW
PURSUANT TO CEQA GUIDELINE 15061(B)(3)
WHEREAS, the federal Fair Housing Act, as amended, (42 U.S.C. § 3601 et seq.), the California Community Care Facilities Act (Health & Safety Code § 1500 et. seq.), and the California Fair Housing and Employment Act (Government Code § 12900 et seq.,), together with published judicial decisions interpreting those laws (collectively the “Fair Housing Laws”), provide protections for individuals with disabilities, including the right to an equal opportunity to use and enjoy housing, and require the City to grant a reasonable accommodation in its zoning ordinances and policies where necessary to afford disabled persons such equal opportunity, but such laws do not preempt local zoning laws nor prohibit the City from adopting zoning ordinances to protect the public health, safety and welfare.; and
WHEREAS, the fundamental objective of the City’s General Plan and residential zoning program, as provided in Chapter 17 of the City’s Municipal Code, is to provide opportunities for safe and decent housing for all individuals of all income levels while preserving the quality and character of residential neighborhoods by protecting such neighborhoods from the undue intrusion from transitory and institutional residential uses, such as boarding houses, dormitories, hotels, and convalescent homes, and by preserving individual dwelling units for occupancy and use by single housekeeping units, including the traditional family; and
WHEREAS, unlicensed group homes can provide safe accommodations for disabled persons, but without regulatory oversight by the State of California the City must ensure that these facilities are being operated in a safe manner and do not unduly negatively impact the surrounding uses; and
WHEREAS, the American Planning Association’s Policy Guide on Community Residences recommends that communities should avoid concentrating or clustering group homes for the disabled in any single block or any single neighborhood because doing so compromises the ability of such group homes to achieve normalization and community integration; and
WHEREAS, in a good faith effort to comply with the Fair Housing Laws and as a means of recognizing the right of individuals with disabilities to reasonable accommodation and equal access to housing, while maintaining the City’s legitimate interest in local land use regulation, the City Council has determined adopting this 124
Ordinance best serves the public’s interest and the general health, safety or welfare of the residents of the City; and
WHEREAS, by means of this Ordinance, the City desires to maintain zoning requirements preserving the quality and character of residential neighborhoods while providing zoning provisions in accordance with the Fair Housing Laws that benefit disabled persons by permitting disabled persons to live in group homes in residential districts in such a manner as to avoid clustering and overconcentration and to ensure that such uses are in compliance with City, state and federal laws and regulations.

NOW, THEREFORE, the City Council of the City of Wildomar ordains as follows:

SECTION 1. ADDITION OF CHAPTER 17.320.

A new Chapter 17.320 is hereby added to the Wildomar Municipal Code as shown in Exhibit 1 attached hereto.

SECTION 2. AMENDMENT OF SECTION 17.208.010.

Section 17.208.010 listing the uses permitted in any zone classification with a Public Use Permit is hereby amended to delete “Half-way house” from the list of uses.

SECTION 3. CEQA.

The City Council finds that the adoption of this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to the “common sense” exemption in CEQA Guideline 15061(b)(3). This ordinance does not have any potential for causing significant impacts on the environment in that it limits the use of existing residential structures for commercial boarding houses and group homes. The negative environmental impacts of such commercial uses are not significantly different than those that would be generated by using those structures for their intended residential uses.

Therefore, it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment.

SECTION 4. SEVERABILITY
If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.”
SECTION 5. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its passage by the City Council.
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SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).

INTRODUCED AND APPROVED FOR FIRST READING this 8th, day of March, 2023. ___________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
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EXHIBIT 1
Chapter 17.320 BOARDING HOUSES AND GROUP HOMES

17.320.010 Purpose.

This Chapter 17.320, as part of the city's overall zoning regulations and in the exercise of its police powers to protect the public health safety and welfare, seeks to preserve the quality and character of the community's single-family and multifamily neighborhoods by limiting, and where appropriate prohibiting, the operation of housing that is commercial or institutional in nature, such as boarding houses and other group homes, to zones within the city that are best suited to accommodate impacts and needs of those housing types.

In adopting this Chapter 17.320, the city is mindful that the fair housing laws provide individuals with a disability the right to an equal opportunity to use and enjoy housing, and that the city may need to provide reasonable accommodation in the city's zoning ordinances and policies where necessary to afford disabled persons such equal opportunity. This Chapter 17.320 establishes regulations to avoid clustering and overconcentration of such uses subject to the city's reasonable accommodation provisions in Chapter 17.295. Finally, this Chapter 17.320 serves to protect all residents from the negative impacts of multiple parolees housed in individual dwellings.

17.320.020 Definitions.

For the purposes of this Chapter 17.320, the following definitions shall apply:
“Boarding house” means a residence or dwelling, other than a hotel, wherein a room or rooms, with or without individual or group cooking facilities, are rented, leased or subleased under two or more separate written or oral rental agreements, leases or subleases, whether or not the owner, agent or rental manager resides within the dwelling unit. Transitional housing and supportive housing, as defined in Health & Safety Code sections 50675.2(h) and 50675.14(b)(2), are not boarding houses for the purposes of this chapter.
“Disabled” or “individual with a disability” means an individual with a qualifying disability under federal and state fair housing laws. Generally, any person with any mental or physical impairment, disorder or condition, which substantially limits one or more major life activities, including physical, mental and social activities and working. “Disabled” or “individual with a disability” does not include impairments, disorders or conditions resulting from the current, illegal use of or addiction to a controlled substance, sexual behavior disorders, compulsive gambling, kleptomania, or pyromania. “Fair housing laws” means the federal Fair Housing Act (42 U.S.C. § 3601 et seq.), the California Community Care Facilities Act (Health and Safety Code § 1500 et seq.), the California Fair Housing and Employment Act (Government Code § 12900 et seq.), and Civil Code § 54, together with published judicial decisions interpreting those laws. “Group home” means any boarding house that provides temporary, interim, or permanent housing to individuals where every person residing in the dwelling is an individual with a disability, and the individuals are not living as a single housekeeping unit. State-licensed 127
residential care facilities, as defined in Section 17.300.020, are not group homes for the purposes of this chapter.
(1) “Large group home” means a group home in which seven (7) or more individuals reside.
(2) “Small group home” means a group home in which six (6) or fewer individuals reside.
“Operator” means any entity(ies) or person(s) who owns, manages, or operates a group home or boarding house.
“Parolee-probationer” means (i) any individual who has been convicted of a federal crime, sentenced to a United States prison, and received conditional or revocable release into the community under the supervision of a federal parole officer: (ii) any individual who has served a term of imprisonment in a state prison and who is serving a period of parole supervision or post release community supervision under the jurisdiction of the California Department of Corrections; (iii) any individual who has been convicted of a felony, sentenced to any correctional facility, including county correctional facilities, and is under the jurisdiction of any federal, state, or county parole or probation officer; or (iv) any person released to post release community supervision under the "Post release Community Supervision Act of 2011" (Penal Code § 3450 et seq.). For purposes of this paragraph "felony" means a felony as defined in any California or United States statute. “Parolee-probationer home” means any boarding house, whether owned or operated by an individual or a for-profit or nonprofit entity, which houses two or more parolee- probationers not living as a single housekeeping unit, in exchange for monetary or nonmonetary consideration given and/or paid by the parolee-probationer and/or any public or private entity or person on behalf of the parolee-probationer. “Single housekeeping unit” means an interactive group of persons jointly residing in a single dwelling unit exercising joint responsibility for and use of the dwelling's common areas, jointly sharing household expenses, jointly sharing household activities and responsibilities such as meals, chores, and household maintenance. The residents of a boarding house are not a single housekeeping unit. If a dwelling is leased or rented under a single written or oral lease or rental agreement, the makeup of the group of persons occupying the unit must be determined by the residents of the dwelling, not the landlord or property manager, to be a single housekeeping unit.

17.320.030 Applicability.

The provisions of this chapter shall apply to all boarding houses, parolee-probationer homes and group homes, and to all persons who own, manage, or operate them. This chapter does not apply to State-licensed residential care facilities, as defined in Section

17.300.020, or transitional or supportive housing, as defined in Health & Safety Code sections 50675.2(h) and 50675.14(b)(2).
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17.320.040 Permitted locations.
(a) Boarding houses are permitted with a conditional use permit in the R-2 and R-3 zones. (b) Large group homes are permitted with a conditional use permit in the R-2 and R-3 zones.
(c) Small group homes are permitted with a small group home permit in the R-R, R-A, R- 1, R-2, R-3, R-4, R-5 and R-6 zones.
(d) Parolee-probationer homes are prohibited in or adjacent to the R-1, R-2, R-3, R-4, R- 5 and R-6 zones. Subject to a conditional use permit, parolee-probationer homes are permitted in the R-R and R-A zones.

17.320.050 Reasonable accommodation.

Any individual with a disability, or their representative, or a developer or provider of housing for individuals with a disability may seek a reasonable accommodation from the provisions of this chapter under Chapter 17.295 of this code.

17.320.060 Application for a small group home permit.
(a) Any person or entity seeking to establish a small group home as allowed by section

17.320.040(c) shall first apply to the community development director, or designee for a small group home permit. The application for a small group home permit shall include the following information:
(1) Client profile (the subgroup of the population the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.); (2) The maximum number of occupants and the facility's hours of operation; (3) The term of client stay;
(4) The support services to be provided on-site and projected staffing levels; (5) The names of all persons and entities with an ownership or leasehold interest in the property, or who will be an operator of the small group home; (6) The group home ownership, permit and license history of the applicant and all persons and entities with an ownership or leasehold interest in the property, or who will be an operator of the small group home, including the name and addresses of similar group homes in the State of California owned or operated within the past five years; (7) A certification under penalty of perjury that none of the identified group homes have been found by state or local authorities to be operating in violation of state or local law; and
(8) A copy of the proposed house rules required by section 17.320.090(j)(1). (9) Information demonstrating that the premises are in compliance with, or will prior to occupancy be brought into compliance with, the standards set forth in section

17.320.090 of this chapter.
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(10) The inspection and report of the fire marshal and building official showing that the premises to be used are suitable under applicable uniform building and related codes to safely house the number of persons identified for residency in the small group home.

The building official shall determine the applicable use and occupancy classification for the premises for the purposes of the application of the uniform building and related codes. (11) The use or home shall provide certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home.
(b) The community development director, or designee shall grant the permit within 30 days after determining that the application for a small group home permit is complete.

The director shall not deny an application for a small group home permit unless the director determines that the application is incomplete or, after reasonable investigation, the director determines that:
(1) The applicant has provided information that is materially false, misleading or inaccurate or has made material misstatements on the application; or (2) The applicant, or any persons and entities with an ownership or leasehold interest in the property, or who will be an operator of the small group home have a pattern or practice of operating similar uses or group homes in or out of the city in violation of state or local law.

17.320.070 Application for a conditional use permit.

An application for a conditional use permit shall be filed and processed with the city as provided in chapter 17.200 of this code. In addition to the application requirements in section 17.200.020, the application shall also include the application requirements contained in section 17.320.060(a)(1) through (11).

17.320.080 Findings for conditional use permits.

In addition to the findings applicable to conditional use permits under section 17.200.050, the decision making body shall make the following supplemental findings before approving or conditionally approving a conditional use permit for a boarding house, group home, or parolee-probationer home required to obtain a conditional use permit under this chapter:
(a) The boarding house, group home or parolee-probationer home includes sufficient on- site parking and traffic and transportation impacts have been mitigated to a level of insignificance.
(b) The boarding house, group home or parolee-probationer home conforms to all applicable development standards.
(c) The property upon and structure(s) within which a boarding house, group home or parolee-probationer home will be located is physically suited to accommodate the use. (d) The boarding house, group home or parolee-probationer home will be compatible with the character of the surrounding neighborhood, and the addition or continued 130
maintenance of the use will not contribute to changing the residential character of the neighborhood, such as creating an overconcentration of boarding houses, group homes or parolee-probationer homes in the vicinity of the proposed use. In making this finding or sustaining this finding, the decision making body shall consider as appropriate the following factors:
(1) The proximity of the boarding house, group home or parolee-probationer home to schools, parks, other similar and related uses, including small state-licensed residential care facilities, places where alcoholic beverages are sold or distributed to the public and any other uses which could be affected by, or affect the operation of, the use or the health, safety and welfare of the residents.
(2) The existence of substandard physical characteristics of the area in which the boarding house, group home or parolee-probationer home is to be located such as lot widths, setbacks, narrow streets, limited available parking, nonconforming housing types, physical or economic conditions of blight, and other substandard characteristics. (3) Whether, in light of the factors applied in subsections (d)(1) and (d)(2) of this section, it would be appropriate to apply the American Planning Association standard of permitting one boarding house, group home or parolee-probationer home per block. For purposes of this paragraph, "block" means an area of land that is bounded on all sides by streets or by streets and a cul-de-sac or by any other form of termination of the street (i.e., dead-end not a cul-de-sac). In applying this factor, the decision making body shall take into consideration circumstances where, because of unusually long block or short block, application of the separation standard in section 17.320.090(i) would result in less than one use per block or more than two uses per block. (e) The operation of buses, vans, and other similar passenger carrying vehicles, to transport residents to and from off-site activities does not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding areas.
(f) Arrangement for the delivery of goods are made within the hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties. (g) Arrangement for commercial trash collection in excess of usual residential collection are made within hours that are compatible with and will not adversely affect the peace and quiet of neighboring properties.
(h) That none of the homes identified by the applicant in its application have been found by state or local authorities to be operating in substantial or persistent violation of state or local law.
(i) That none of the persons who will have an ownership or leasehold interest in, or will be operators of, a boarding house or parolee-probationer home, have been convicted of a felony or any crime involving moral turpitude.
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17.320.090 Standards.

The following standards shall apply to boarding houses, group homes, and parolee- probationer homes requiring a conditional use permit or a small group home permit.

Violation of any of these standards shall constitute grounds for revoking the permit:
(a) The property shall be used, maintained, occupied, and/or operated in conformity with an operation and management plan approved by the director and filed with the city. The plan shall ensure compliance with applicable state and local laws, ordinances, and regulations.
(b) The property shall be used, maintained, occupied and/or operated in such a manner as to not permit public nuisances, illegal parking, and violations of state and federal laws regarding disturbance of the peace, illegal drug activity, public drunkenness, public consumption of alcohol, harassment of passers-by, gambling, solicitation, public urination, theft, assault, battery, vandalism, littering, loitering, solicitation, and lewd conduct.
(c) The use shall not have any substantial adverse impacts on adjoining properties or land uses and shall be compatible with the character of the surrounding neighborhood. (d) The property shall comply with all setback, landscaping and other development standards of the underlying zone.
(e) Both indoor and outdoor common areas shall be provided on site. (f) No care, treatment or other services shall be provided on the property that would require licensure by the State of California.
(g) There shall be no more than two residents per bedroom (except that three minor children may share a single bedroom) unless the decision-making body approved a higher occupancy limit in issuing the permit. The decision-making body shall not approve a higher occupancy limit unless it finds, based on substantial evidence in the record, that such limit is appropriate given the characteristics of the dwelling, the availability of parking, and the measures taken to adequately protect the public health, safety, peace, comfort, and welfare (including, but not limited to, the reasonable sanitary needs of residents).
(h) The use shall maintain certification, if available, from a governmental agency or qualified nonprofit organization and such certification is a generally accepted practice or standard among the owners, operators, profession, or industry related to the use or home. (i) Group homes shall not be located within 600 feet, measured from the property lines, of any other group home, state-licensed residential care facility, or parolee-probationer home. All other types of boarding houses, including, but not limited to, parolee- probationer homes, shall not be located within 1,000 feet, measured from the property lines, of any other boarding house, group home, state-licensed residential care facility, or parolee-probationer home. Parolee-probationer homes shall not be located within 1,000 feet, measured from the property lines, of any child day care center, public or private elementary or secondary school, park, public library, public swimming pool, a commercial establishment with an on-site children's playground, or any place where classes or group activities for children are regularly held.
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(j) All group homes shall:
(1) Maintain and enforce house rules that, at a minimum, shall provide for the protection of occupant safety and require occupants to register weekly schedules with the onsite house manager; and
(2) Provide for an onsite house manager who shall be responsible for, at a minimum, enforcement of the house rules and supervision of occupant schedules.

17.320.100 Nonconforming uses.

Any boarding house or group home, other than a parolee-probationer home, operating as of the effective date of this chapter is not required to obtain a permit under this chapter, provided that a valid plot plan, public use permit, or such other permit as was required at the time the use was established, was obtained and such facility was in compliance with the applicable standards set forth in Title 15 (Buildings and Construction, and Title 17 (Zoning), of this code, at the time the permit was obtained.

17.320.110 Revocations and modifications of permits.
(a) A permit issued pursuant to this chapter may be revoked pursuant to the procedures in chapter 17.220 of this code.
(b) A permittee may request a modification to a small group home permit or conditional use permit issued under this chapter pursuant to the procedures in chapter 17.228 of this code.

17.320.120 Authority to inspect.

Any city official or authorized representative charged with enforcement responsibilities under this code, state law or other government authority may enter and inspect the premises or perform any duty imposed by the municipal code or by state law, provided the owner, managers, operators, or lawful occupant(s) has consented to the inspection.

The refusal by an owner, manager, operator, or occupant to permit such entry and inspection may be considered in any proceeding to suspend or revoke the permit. 133

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: April 12, 2023
SUBJECT:

Ordinance No. 230 - Fireworks Code Amendment:

SUBMITTED BY:

Thomas D Jex
PREPARED BY:

Matthew Bassi

ACTION:

Staff recommends that the City Council adopt an Ordinance entitled:

ORDINANCE NO. 230

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 9.24 OF WILDOMAR MUNICIPAL CODE [FIREWORKS] AND FIND

THAT THE ORDINANCE IS EXEMPT FROM CEQA REVIEW PURSUANT TO CEQA GUIDELINE 15378
SUMMARY:

The City Council approved the first reading of Ordinance No. 230 at the March 8, 2023 City Council meeting. At this time, it would be appropriate for the City Council to adopt Ordinance No. 230.

ATTACHMENTS:

Ordinance No. 230-Fireworks.docx
134
ORDINANCE NO. 230

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 9.24 OF WILDOMAR MUNICIPAL CODE [FIREWORKS] AND FIND THAT THE ORDINANCE IS EXEMPT
FROM CEQA REVIEW PURSUANT TO CEQA GUIDELINE 15378
WHEREAS, the City Council of the City of Wildomar, pursuant to police powers delegated to it by the California Constitution has the authority to enact legislation that promotes the public health, safety and general welfare of its residents; and WHEREAS, the continued use of dangerous or illegal fireworks within the City of Wildomar (“City”) is an immediate threat to public health, safety and welfare due to lack of compliance with fireworks laws; and
WHEREAS, the City desires to make amendments to its municipal code to authorize, among other things, the issuance of administrative citations with increased fines for violations of this chapter in order to further deter unlawful fireworks related activities; and WHEREAS, these administrative fines are imposed under the authority of Government Code Section 53069.4, Health and Safety Code Section 12557, and the City’s police powers; and

THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:

SECTION 1. AMENDMENT OF CHAPTER 9.24 OF THE WILDOMAR

MUNICIPAL CODE
Chapter 9.24 of the Wildomar Municipal Code is amended in its entirety to read as shown on Exhibit 1 hereto.

SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Adoption of this ordinance is not a project within the meaning of section 15378 of the CEQA guidelines will cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines).

SECTION 3. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would 135
have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

APPROVED AND ADOPTED this 12th day of April, 2023
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
136
EXHIBIT1
Chapter 9.24 FIREWORKS

9.24.010 Definitions.

Whenever, in this chapter, or in any resolution or standard adopted by the City Council pursuant to this chapter, the following terms are used, they shall have the meaning ascribed to them in this section, unless it is apparent from the context thereof that some other meaning is intended.
“Agricultural and wildlife fireworks” means fireworks designed and intended by the manufacturer to be used to prevent damage to crops or unwanted occupancy of areas by animals or birds through the employment of sound or light, or both. “Chief of Police” means the Police Chief of the City of Wildomar or authorized representatives.
“Dangerous fireworks” has the same meaning ascribed to it under Section 12505 of the California Health and Safety Code and includes all of the following:

1. Any fireworks which contain any of the following:
a. Arsenic sulfide, arsenates, or arsenites,
b. Boron,
c. Chlorates, except:
i. In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included,
ii. In caps and party poppers,
iii. In those small items (such as ground spinners) wherein the total powder content does not exceed four grams of which not greater than 15% (or 600 milligrams) is potassium, sodium, or barium chlorate,
d. Gallates or gallic acid,
e. Magnesium (magnesium-aluminum alloys, called magnalium, are permitted),
f. Mercury salts,
137
g. Phosphorus (red or white except that red phosphorus is permissible in caps and party poppers),
h. Picrates or picric acid,
i. Thiocyanates,
j. Titanium, except in particle size greater than 100-mesh, k. Zirconium;

2. Firecrackers;

3. Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge;

4. Roman candles, including all devices which discharge balls of fire into the air;

5. Chasers, including all devices which dart or travel about the surface of the ground during discharge;

6. Sparklers more than 10 inches in length or one-fourth of one inch in diameter;

7. All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches;

8. Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this chapter;

9. Torpedoes of all kinds which explode on impact;

10. Fireworks kits;

11. Such other fireworks examined and tested by the State Fire Marshal and determined by him or her, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
“Exempt fireworks” has the same meaning ascribed to it under Section 12508 of the California Health and Safety Code and means any special item containing pyrotechnic compositions which the State Fire Marshall, with the advice of the 138
State Fire Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction. “Fire Chief” or “Chief” means the Fire Chief of the County of Riverside or authorized representatives.
“Fireworks” has the same meaning ascribed to it under Section 12511 of the California Health and Safety Code and means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, model rockets, rockets, Daygo bombs, sparklers, chasers, fountains, smoke sparks, aerial bombs and fireworks kits. “Fireworks kits” has the same meaning ascribed to it under Section 12512 of the California Health and Safety Code and means any assembly of materials or explosive substances, which is designed and intended by the seller to be assembled by the person receiving such material or explosive substance and when so assembled would come within the definition of “fireworks.”
“Public display of fireworks” means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.
“Pyrotechnic operator” means any licensed pyrotechnic operator who, by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted. “Pyrotechnic special effects material” means a low explosive material, other than detonating cord, commonly used in motion picture, television, theatrical or group entertainment production for which a permit from the Chief is required for use or storage.
“Safe and sane fireworks” has the same meaning ascribed to it under Section 12529 of the California Health and Safety Code and means any fireworks which do not come within the definition of “dangerous fireworks” or “exempt fireworks.”

9.24.020 Prohibition.

A. General. No person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks, except for use as agricultural and wildlife fireworks or for use in a public display of fireworks pursuant to a permit obtained under the provisions of Sections 12640-12654 of the 139
California Health and Safety Code, Article 78 of the Riverside County Fire Code and this chapter.

B. No private property owner or person in control of private property shall allow a person to possess, keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give or transport any fireworks, dangerous fireworks, or safe and sane fireworks on the property owned or controlled by such property owner, or on property under such person’s control.

C. Manufacturing Prohibited. The manufacturing of fireworks, dangerous fireworks, or safe and sane fireworks is prohibited except under special permits as required by local and state regulations by the Fire Chief and the Chief of Police.

D. Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. Permit application shall be made to the Fire Chief and the Chief of Police. A permit shall be granted only to a State Fire Marshal licensed pyrotechnic operator.

9.24.030 Displays.

A. General. Permits are required to conduct a public display of fireworks. Permit application shall be made to the Fire Chief and the Chief of Police not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the Fire Chief shall be consulted regarding the requirements for standby fire apparatus.

B. Under Supervision of Pyrotechnic Operator. Public display of fireworks operations shall be under the direct supervision of a pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of a display related to pyrotechnics.

C. Bond Required. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Chief and the Chief of Police for the payment of damages which could be caused either to a person or persons or to property by reason of the permitted display and arising from acts of the permittee, agents, employees or subcontractors.

9.24.040 Exception.

Nothing in this chapter shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of 140
blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.

9.24.050 Seizure and disposal.

A. It shall be the duty of the Fire Chief and his or her authorized representatives, the Chief of Police and his or her authorized representatives, City Manager or designee and City Code Enforcement Officers to enforce the provisions of this chapter.

B. The Fire Chief and his or her authorized representatives, the Chief of Police and his or her authorized representatives, City Manager or designee and City Code Enforcement Officers shall have the authority to seize, take, and remove any fireworks, dangerous fireworks, and safe and sane fireworks. The Fire Chief and his or her authorized representative and the Chief of Police and his or her authorized representative may charge any person whose fireworks are seized pursuant to this section, a reasonable amount which is sufficient to cover the cost of transporting, storing, handling, and disposing of the seized fireworks.

C. Additional remedies and procedures for violations of this chapter and for recovery of costs related to enforcement are provided for in chapter 1.16.

9.24.060 Penalties.

A. Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than $500.00 nor more than $1,000.00, or by imprisonment not exceeding one year, or by both such fine and imprisonment.

B. Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of $1,000.00 and by imprisonment for one year.

C. Pursuant to chapter 1.16, any person in violation of any provision of this chapter is subject to the issuance of an administrative citation of $1,000.00 in addition to any other remedy available at law.

D. A person is guilty of a separate offense for each and every day or portion thereof during which he or she commits, continues, or permits a violation of this chapter.

E. Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of dangerous fireworks. 141

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.11
Meeting Date: April 12, 2023
SUBJECT:

Services Agreement with Placeworks, Inc. for the preparation of CEQA Documents (IS/MND) for the 27-Acre Park (CIP 062) SUBMITTED BY:

Jason Farag
PREPARED BY:

Jason Farag

ACTION:

Authorize the City Manager to execute a Services Agreement with Placeworks, Inc. for the preparation of CEQA Documents for the 27-Acre Park
SUMMARY:

Prior to beginning any construction on the 27-Acre Park, the City must prepare and approve a California Environmental Quality Act analysis. This is also a typical requirement to be eligible to apply for grant funding. The proposed agreement will allow the City's consultant to prepare the necessary CEQA documents.

BACKGROUND:

The 27-Acre Park (CIP 062) is a future City park, located at the northwest corner of Wildomar Trail and La Estrella Rd., surrounding Ronald Regan Elementary School. The park layout and amenities were developed as part of the Parks Master Plan. The total cost to construct the entire park is estimated to cost over $10 million. To make the development of the park more feasible, the City has phased the construction of the park into three phases.

Phase 1:

Includes the rough grading of the entire park, initial amenities such as parking, walking trails, minor landscaping, and a bike recreation area, and critical park infrastructure including drainage improvements and utilities.

Phase 2:

Includes the completion of most other amenities, additional parking lots, and landscaping.

Phase 3:

The final phase, includes structures such as a community center and amphitheater.

Staff has been working with the City's consultant, RRM Design Group, to complete the design of Phase 1 and the design has sufficiently progressed to allow the preparation of CEQA 142
documents.

DISCUSSION:

Before proceeding with any construction, the City must prepare and approve a California Environmental Quality Act (CEQA) analysis for the project. In addition, to be eligible to apply for and receive grant funds for the construction of the park, many grant programs require CEQA to be completed. Staff is planning to submit a grant application to the State of California Parks and Recreation Department's Land and Water Conservation Fund grant program for construction funding for the 27-Acre Park. This specific grant program requires that CEQA be complete within a certain time of submitting a funding application.

Staff requested a proposal from the City's on-call CEQA consultant, Placeworks, Inc., for the preparation of CEQA documents for the park. A copy of the proposal is included as Attachment A. The proposal assumes that the project will require an Initial Study/Mitigated Negative Declaration (IS/MND) under CEQA and includes all the required tasks necessary to complete the IS/MND. The proposal includes optional tasks that may be required based on certain conditions. In addition, Placeworks has committed to a schedule to complete the IS/MND within the timeframe required by the grant.

Staff has reviewed the proposal and recommends that the City Council authorize the City Manager to execute a Professional Services Agreement with Placeworks, Inc. for the preparation of CEQA documents for the 27-Acre Park, for a cost not to exceed $112,034.

FISCAL IMPACT:

The proposal is for a cost not to exceed $112,034. There is sufficient DIF Park Improvement funds included in the approved budget for the project (CIP 062) to complete this work, and no additional budget is needed at this time. There is no impact to the General Fund.

ACCOUNT CODE:

CIP 062: Fund 461 - DIF Park Improvements

ATTACHMENTS:

A - IS-MND Proposal
B - Services Agreement
143

March 2, 2023
Jason Farag, City Engineer
Matthew C. Bassi, Planning Director
City of Wildomar
Planning Department
23873 Clinton Keith Road
Wildomar, CA 92595

Via Email: [email protected]; [email protected] Subject: Revised Proposal to Prepare an IS/MND for Ronald Reagan Park Dear Mr. Farag and Mr. Bassi:

PlaceWorks appreciates th e opportunity to submit this revised proposal to prepare the environmental documentation for the proposed Ronald Reagan Park Project. The purpose of the revision is to accelerate preparation of the IS/MND with the expectation of adoption by the City Council at their meeting of July 12, 2023, to complete the CEQA process in time for grant submittal. I’ve received commitment from all of th e technical team, and made adjustments to add more personnel to some of the tasks in order to meet this timeline.

Project Understanding
The Ronald Reagan Park project site consists of two vacant parcels including Assessor’s Parcel Numbers 376- 350-017 and 376-350-009 for a total of 27-acres. The site is west of Porras Road, north of La Estrella Street and Ronald Reagan Elementary School, and east of Susan Drive. The project design consultant, RRM Design Group, has prepared a project design alternative for the park site. For purposes of the IS/MND, t he City will select a preferred project alternative, which will serve as the “proposed project” for the purposes of the CEQA analysis. Although it is possible that the project may b e refined or slightly modified, if substantial changes to the proposed project occur, a separate scope and fee will be submitted to the City.

CEQA Compliance
Because the proposed improvements would be constructed on undeveloped land , there are a number of technical analyses that must be completed in order to determine the project impacts . PlaceWorks will prepare the following technical studies for the site:
» Air quality impact analysis (air quality)
» Greenhouse gas analysis (greenhouse gas emissions)
» Traffic trip generation letter (transportation/traffic) Technical studies for the following environmental impact areas will be prepared by our subconsultant ECORP and included in the IS/MND:
» Western Riverside County Multiple Species Habitat Conservation Plan consistency analysis and nesting season survey for burrowing owl (biological resources)
» Cultural resources assessment (cultural resources)
» Noise impact analysis (noise)
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January 25, 2023 | Page 2
Proposed Approach
An initial study likely resulting in a mitigated negative declaration (IS/MND) will be prepared for the Ronald Regan Park Site. We will work closely with the City on the design elements and potential for environmental impacts, and anticipate the IS/MND to be completed within a 16-18 week time period.

Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact me at 858.776.5574.

Thank you for the opportunity to propose on this project.

Respectfully submitted,

PLACEWORKS

Mark Teague, AICP
Principal (Project Manager)

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January 25, 2023 | Page 3
Attachment A – Ronald Regan Park Site
TASK 1 PROJECT INITIATION
Task 1.1 Research and Investigation
To acquire relevant environmental data, PlaceWorks will obtain all project data and information to date from federal, state, and local agencies that may be affected by the project, including previous studies for the area and other available files, exhibits, maps, and reference documents. The PlaceWorks team will evaluate the necessary information with respect to the proposed project and identify any data gaps.

TASK 2 ENVIRONMENTAL DOCUMENTATION
Task 2.1 Administrative Draft Initial Study
PlaceWorks will prepare an Initial Study (IS) using the City’s template that will include a discussion of the proposed project and detailed analysis of the following environmental areas:
» Aesthetics
» Agriculture and Forestry Resources
» Air Quality
» Biological Resources
» Cultural Resources
» Energy
» Geology and Soils
» Greenhouse Gas Emissions
» Hazards and Hazardous Materials
» Hydrology/Water Quality
» Land Use and Planning
» Mineral Resources
» Noise
» Population and Housing
» Public Services
» Recreation
» Transportation and Traffic
» Tribal Cultural Resources
» Utilities and Service Systems
» Wildfire
The IS will include detailed explanations of all CEQA checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Sections 15063, 15070 , and 15072 of the CEQA Guidelines.

A discussion of the existing environmental baseline conditions will be pr ovided for each issue area. The IS/MND will identify and evaluate: (1) potentially significant impacts; (2) potentially significant impacts unless mitigated; (3) less than significant impacts; and (4) issues resulting in no impacts. The IS will consider relevant direct, indirect, and cumulative impacts. Findings will be clearly substantiated for each checklist question to explain the basis for the environmental determination.

The analysis will be based on available literature, including but not limited to the City’s General Plan and Municipal Code, previously completed environmental documents, consultation with local public service and utility providers, and the technical analyses listed under “CEQA Compliance,” above. The Initial Study will be clearly written and will avoid the use of technical jargon so that the document is easily understood. If technical terms need to be introduced for accuracy, they will be clearly defined. 146

January 25, 2023 | Page 4
Task 2.1.a. Air Quality, Energy, and GHG Study
PlaceWorks will prepare a technical analysis to evaluate potential air quality, energy, and greenhouse gas (GHG) emissions impacts associated with the proposed project. The analysis will focus on the potential construction-related air quality and GHG emissions impacts associated with development of a park. The analysis will be based on the current methodology of the South Coast Air Quality Management District (South Coast AQMD) for projects within the South Coast Air Basin (SoCAB). Modeling wil l be conducted using the California Emissions Estimator Model (CalEEMod) and will be included as an appendix to the CEQA document.

Criteria Air Pollutants and GHG Emissions
Construction Phase. PlaceWorks will quantify the short-term criteria air pollutant emissions from construction of the proposed project. The construction-phase regional emissions inventory will be based on the construction schedule, including duration for each construction subphase, anticipated equipment for each subphase, and estimated demolition debris and earthwork volumes (if applicable), as provided by the City. Where information is unavailable, PlaceWorks will use CalEEMod defaults, as appropriate, and work with the City to develop the construction assumptions. Maximum daily project-related construction emissions will be compared to the S outh Coast AQMD regional significance thresholds for construction.

Localized air pollution impacts from construction equipment exhaust and fugitive dust will be compared to South Coast AQMD’s screeni ng-level localized significance thresholds (LST) for their potential to elevate concentrations of air pollutants at the at the residential and commercial land uses surrounding the project site. Per South Coast AQMD guidance, it is assumed that based on the screening -level LST analysis, construction-related risk can be described qualitatively. However, a construction health risk assessment for is proposed as an optional task (see Task A, below). If necessary, PlaceWorks will identify mitigation measures to reduce potentially significant project-related construction impacts.

Operational Phase . The proposed project would generate criteria air pollutant and GHG emissions from project-related transport ation sources (e.g., passenger vehicles), area sources (i.e., architectural coatings and consumer products), energy sources (i.e., natural gas consumption), water use and wastewater generation, and solid waste disposal. It is anticipated that these sources would primarily be associated with visitors of the park . PlaceWorks will estimate the increase in long -term emissions for the proposed project at buildout based on the land uses proposed and trip generation rates from the ITE Trip Generation Manual 11th Edition for a public park . Total GHG emissions from construction activities will be amortized into the overall GHG emissions inventory. Criteria air pollutant and GHG emissions will be compared to South Coast AQMD’s significance thresholds.

Project Consistency with Plans Adopted to Reduce GHG Emissions. The GHG section will discuss the GHG reduction goals of Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32), AB 1279, and Senate Bill 375 (SB 375). To achieve the GHG reduction targets of SB 32, the California Air Resources Board (CARB) adopted the 2017 Scoping Plan Update and recently released the Draft 2022 Scoping Plan update to address the state’s 2045 carbon neutrality target. The Southern California Association of Governments has prepared a Regional Transportation Plan/Sustainable Communities Strategy (RTP/SC) to address the regions requirements to reduce passenger vehicle VMT and associated GHG emissions under SB 375. PlaceWorks will review project consistency with these statewide and regional GHG emissions reduction strategies.

Energy. PlaceWorks will quantify the energy (i.e., natural gas and electricity) demand associated with the project based on the CalEEMod outputs conducted for the air quality and GHG analysis. PlaceWorks will also provide an overview and review of the project’s co nsistency with the California Renewables Portfolio Standard Program (RPS) and other energy-related policies adopted by the City. 147

January 25, 2023 | Page 5
Other Areas of Impact. The SoCAB is currently designated nonattainment under the National and/or California ambient air quality standards (AAQS) for ozone (O 3), fine inhalable particulate matter (PM 2.5), coarse inhalable particulate matter (PM 10), and lead (Los Angeles County only). The South Coast AQMD has adopted an Air Quality Management Plan (AQMP) . The AQMP is prepared to ensure the SoCAB can attain the long-term National and California AAQS. PlaceWorks will provide a consistency evaluation of the project’s regional emissions to South Coast AQMD ’s AQMP. Furthermore, the SoCAB has been designated in attainment for carbon monoxide (CO) under both the California and National AAQS. Therefore, the air quality analysis will include only a qualitative assessment of CO hotspots. Odor impacts will also be described qualitatively.

Deliverable(s):
 Air Quality, Energy and GHG Emissions chapters of the environmental document  Modeling data as an appendix
OPTIONAL TASK A. CONSTRUCTION HEALTH RISK ASSESSMENT (HRA) In 2015, the Office of Environmental Health Hazard Assessment (OEHHA) released updated guidance that recommended an HRA for constru ction projects that are longer than two months. As a result, comment letters on the need to prepare a construction HRA are common during the CEQA process. In addition, South Coast AQMD has initiated a Working Group to address cumulative health risk thresho lds. The proposed project is within close to sensitive land uses such as residences and an assisted living facility. Given the potential for use of large off -road construction equipment during demolition/grading and the proximity of the off-site sensitive receptors, PlaceWorks is recommending preparation of a construction HRA to analyze the project’s off -site community health risks from toxic air contaminant emissions. Construction -related diesel particulate matter emissions from off -road equipment and truc k hauling impacts will be identified at the nearest sensitive receptors (e.g., off-site residences and onsite students) based on specific construction- related characteristics provided by the City (e.g., construction duration, equipment use, construction phasing). Construction emissions will be based on the regional construction emissions inventory. Dispersion modeling will be performed using a South Coast AQMD -accepted computer-based model (e.g., AERMOD).

Short-term and long-term health risks to off-site and on-site sensitive receptors will be determined using the California Air Resources Board’s Hotspots Analysis and Reporting Program. The construction HRA analysis will be incorporated into the environmental document and modeling datasheets will be included as an appendix to the environmental document . Mitigation measures to reduce the potentially significant impacts of the project, will be incorporated as needed, into the environmental document.

Task 2.1.b. Biological Resources Assessment and MSHCP Consistency Analysis The project site is located within the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) planning area. Based on a brief review of the Western Riverside County Regional Conservation Authority (RCA) MSHCP Information Map, it appears that the project site is located within MSHCP- designated survey area for burrowing owl. To determine whether sensitive biological resources are present on the Project site, a reconnaissance-level survey and habitat assessment will be performed.

Prior to conducting the field survey, a literature search will be conducted using public data bases including California D epartment of Fish and Wildlife’s (CDFW’s) California Natural Diversity Data Base (CNDDB), California Native Plant Society’s Electronic Inventory, range maps for special -status species, and other documentation pertinent to the region. The search will identi fy the approximate locations of known or expected sensitive biological resources and habitats located within or near the project site.

Following the literature review, ECORP will perform a field survey of the project site. Biological resources that are known to or potentially occur on the project site will be searched for during the survey. Habitats and 148

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vegetation communities will be mapped. Representative photographs will be taken to document the site conditions at the time of the survey. A full list of plant and wildlife species will be recorded during the survey.

If any sensitive biological resources are found within the Project site, its location will be recorded, and the resource will be discussed in the report.

The project site is located within the a rea covered by the Western Riverside County MSHCP and is subject the requirements of the plan. Therefore, at a minimum, habitat assessments for riparian/riverine, vernal pool, and fairy shrimp (MSHCP Section 6.1.2), narrow endemic plant species (MSHCP Sect ion 6.1.3), burrowing owl (Section 6.3.2), and the urban/wildlands interface (MSHCP Section 6.1.4) would be required for compliance under the MSHCP. As a cost-saving measure, the biological reconnaissance survey and habitat assessments for the MSHCP resour ces, including burrowing owl, will be conducted concurrently. The burrowing owl habitat assessment will include a focused burrow survey. If burrowing owl habitat is present, an additional 500-foot buffer around the project site will also be walked, if permissible. Where access is not permissible during the survey, the area will be visually inspected using binoculars and/or spotting scopes.

The biological reconnaissance survey, burrowing owl habitat assessment, and focused burrow survey will be conducted according to the protocols required by the MSHCP.

A Biological Letter Report will be prepared to document the methods and results of the literature search and biological reconnaissance survey. As a part of the report, ECORP will prepare an MSHCP Consistency Analysis.

This section will provide an analysis of the Project within the context of the MSHCP, pursuant to the specific criteria identified in the MSHCP. Results of the burrowing owl habitat assessment will be incorporated into the MSHCP consistency analysis and will include location of all potential burrowing owl habitat in the project site and (if applicable) within the 500 -foot buffer, including burrowing owl observation(s) and burrow locations. If necessary, recommendations for further work, including focused surveys for sensitive species or an aquatic resources delineation, will be discussed in the report. The report will also describe any corridors or linkages proposed for the project site under the MSHCP and any areas on site that trigger the implementation of the protection of species associated with Riparian/Riverine Areas or Vernal Pool habitats as described in Section 6 of the MSHCP. ECORP will submit one electronic copy of the draft Biological Letter Report to the Client. After receiving one round of complete comments, a final version of the Biological Letter Report will be submitted electronically.

If burrowing owls or potential burrows are not identified on the project site, then additional focused surveys for these resources will not be necessary. If habitat for these resources is found on site, then focused surveys would need to be conducted according to the protocols and guidance provided by the MSHCP (see Task B).

This task does not include focused (protocol -level) surveys for special -status species (with the exception of burrowing owl), an aquatic resources delineation, preparation of permit applications, or coordination or consultation with the regulatory agencies. If those services are determined to be necessary, the scope of work and cost estimate for those services will be submitted under a separate cover.

OPTIONAL TASK B: Focused Burrowing Owl Surveys
If burrowing owl habitat is found to be present on site (including the presence of suitably sized burrows), then focused burrowing owl s urveys will need to be conducted in accordance with Section 6.3.2 of the MSHCP and the MSHCP burrowing owl survey guidelines (County of Riverside 2006). This task will only be performed if authorized by the City and if burrowing owl habitat is present on the project site.

The focused surveys will be conducted according to the guidelines provided in the MSHCP . The protocol requires that a focused burrow survey and three focused burrowing owl surveys be conducted between March 1 and August 31. If this task is authorized to be conducted in the same breeding season as the biological reconnaissance survey and focu sed burrow survey described in Task 2.1.b above, then only three 149

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additional focused burrowing owl surveys would need to be completed to fulfill the MSHCP burrowing owl survey requirements.

However, if the biological reconnaissance survey and focused burro w survey is conducted too late in the breeding season to perform the focused surveys, or if the initial survey is performed outside of the breeding season, then four (4) additional burrowing owl surveys would need to be performed. For costing purposes, it is assumed that four (4) focused burrowing owl surveys will be necessary under this task.

Each of the four focused burrowing owl surveys will consist of initially conducting a visual survey of all suitable habitat with special focus on any previously mappe d burrows, owl sign and owls, including perch locations, in order to ascertain owl presence. Following the visual survey, the survey for owls and owl sign will then be performed within suitable habitat over the entire project site and the adjacent 150 meters, where accessible.

These “pedestrian surveys” will be conducted by walking transects spaced approximately 10 to 30 meters apart in order to achieve 100-percent visual coverage of the ground surface. During the pedestrian surveys, the biologist will reco rd all burrowing owl observations, occupied burrows, and burrows with owl sign (whitewash, pellets, feathers, and bones of prey items) that were not previously identified during the focused burrow survey. If live burrowing owls are present, then the biolog ist will also note the number of individual owls, owl pairs, juveniles, and any behavior, such as courtship and mating. The surveys will be conducted in the morning one hour before sunrise to two hours after sunrise and/or in the early evening two hours before sunset to one hour after sunset during favorable weather conditions (e.g., wind less than 20 miles per hour, temperature less than 90 degrees Fahrenheit ). All location data will be described on field data sheets and recorded using a GPS.

The results of the focused surveys will be included in a survey results report. The report will describe the survey methodology, survey conditions, and results , including the locations of any burrowing owl observations, occupied burrowing owl burrows, and potential bu rrows. The report will also include maps depicting the Project site, suitable burrowing owl habitat, and the locations of any burrowing owl observations or burrows. Discussion of the survey results in the report will be in accordance with the MSHCP consistency analysis requirements for burrowing owl surveys. A draft version of the report will be submitted electronically for review. After receiving one round of compiled comments, a final version will be prepared and submitted electronically.

Task 2.1.c. Cultural Resources Inventory
ECORP will conduct a cultural resources inventory for the Ronald Reagan Park Project, which consists of approximately 27 acres of land behind Ronald Reagan Elementary School in Wildomar, Riverside County.

The cultural resources inventory will be conducted by or under the direct supervis ion of a Registered Professional Archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for prehistoric and historical archaeology. This study will be conducted pursuant to compliance with the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA) and its implementing regulations in 36 CFR 800.

ECORP will conduct a records search and literature review with the California Historical Resources Information System’s (CHRIS) Eastern Information Center (EIC). IMPORTANT: Obtaining information from EIC is taking far longer than pre-covid and could affect the results of the studies. We will work diligently to get the information but we cannot control the timing of response f rom the EIC. We are cautiously optimistic that Wildomar’s excellent relationship with the Tribes, the nature of the project, and the City’s standard mitigation measures, can bridge any potential delay in the EIC information. This is something we’ll bring up with the Tribes at the time of consultation. The CHRIS records search will identify the locations and extent of previous surveys conducted within 0.5-mile of the Project area and will determine if there are 150

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any known cultural resources (i.e., pre-contact [prehistoric] or historic archaeological sites or historic- period features) located within or near the Project area. ECORP will request a search of the Sacred Lands File from the California Native American Heritage Commission (NAHC). The Sacred Lands File s search will identify any known sensitive or sacred Native American resources located within or near the Project area that have been previously reported to the NAHC.

Where ground conditions can accommodate, ECORP will complete an intensive field survey u sing pedestrian transect intervals spaced 15 meters apart. The Project area will be examined for evidence of cultural resources, including pre-contact and historic-period (i.e., over 50 years of age) archaeological deposits and built environment features.

A summary of all findings will be provided in an inventory report, following OHP’s recommended content and format. The report will provide the historic context, regulatory context, as well as the methods, field results, and recommendations.

Task 2.1.d. Noise Study
The evaluation of noise impacts associated with the Project will be completed by staff members who are noise experts. The applicable noise standards for the Project Area will be reviewed and discussed as these standards will be the basis for the Project impact determination and whether mitigation is necessary. In order to establish the existing ambient noise levels currently experienced at the Project Site, and thus noise/land use compatibility, ECORP will first conduct a long-term (24-hours) baseline noise measurement at the site in order to obtain a general representation of the existing ambient noise currently experienced in the area. The results will be reported in the Community Noise Equivalent Level (CNEL) noise metric. CNEL is a 24-hour average measurement of sound with a five decibel “weighting” during the hours of 7:00 p.m. to 10:00 p.m. and a 10 decibel “weighting” added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively.

Construction would occur during implementation of the Proposed Project. Noise levels from construction sources will be analyzed using the Federal Highway Administration Roadway Construction Noise Model and based on the anticipated equipment to be used. To evaluate the potential health-related effects (physical damage to the ear) from construction noise, construction noise will be evaluated in terms of hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at the nearby noise-sensitive land uses (i.e., Ronald Reagan Elementary school to the south and the residences to the east). In addition to construction noise, an analysis of vibration impacts will be prepared based on the Caltrans vibration analysis guidance.

The evaluation of the Project’s contribution to noise increases over existing conditions will be addressed.

The predominate source of onsite noise would include standard recreational park activities such as sporting events and children playing. The analysis of onsite noise will rely on the SoundPLAN 3D noise model, which will be used to calculate the propagation/spread of onsite Project noise levels from onsite Project operations. The SoundPLAN 3D noise model predicts noise levels based on the location, noise level , and frequency spectra of the noise sources as well as the geometry and reflective properties of the local terrain, buildings and barriers. A noise contour graphic will be prepared to depict the noise levels at the surrounding receptors. The modeling results and noise contour graphics will be discussed and summarized in the analysis.

Another major source of noise associated with the Project would be offsite automobile traffic. Potential noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction 151

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Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format.

Task 2.2 Public Review Draft IS/MND
PlaceWorks will revise the screencheck draft IS/MND and prepare the Public Review Draft IS/MND and will submit a “proof” draft to the City for approval prior to release for the 30 -day public review period. This task includes preparation of the Notice of Availability (NOA) for Public Review. PlaceWorks will prepare and submit the NOC to the State Clearinghouse and the NOA to the City for proper noticing and distribution. In addition, PlaceWorks will draft an agency Letter, similar in text to the NOA, and mail it out along with a weblink to the IS/MND and its appendices, to the agencies provided by the City.

Task 2.3 Responses to Public Comments/Final IS/MND
Upon completion of the public review period, PlaceWorks will provide written responses to written comments received on the Draft IS/MND during the public review period. Following City review of the Responses to Comments, PlaceWorks will make final revisions based on one round of City comments. This task assumes a total of 32 hours to respond to the comments on the Draft IS/MND. The estimate of the level of effort in responding to comments is based on a low level of public controversy.

PlaceWorks will respond to one round of comments from the City and will revise the responses prepared as needed. PlaceWorks will make final revisions to the response to commen ts and IS/MND, as appropriate.

PlaceWorks will prepare a “proof” Final IS /MND for approval by the City. The Final IS/MND will include the responses to comments, any text changes to the IS/MND shown in strik eout/underline format, and the Mitigation Monitoring and Reporting Program (see Task 2.4).

Task 2.4 Mitigation Monitoring and Reporting Program
A Mitigation Monitoring and Reporting Program (MMRP) will be developed by PlaceWorks for all mitigation measures identified as a result of significant project impacts. The MMRP will include a framework to implement the monitoring program including monitoring qualifications, specific monitoring activities, timing of monitoring activities, and a reporting system. The MMRP will be prepared for inclusion in the staff report as required by the City.

Task 2.5 Notice of Determination
PlaceWorks will prepare a Notice of Determination (NOD) for the project, based on the findings of the Initial Study/Mitigated Negative Declaration. PlaceWorks assumes the City will file the NOD with the County Clerk within 5 days of project approval and adoption of the MND.

TASK 3 AB 52 CONSULTATION
PlaceWorks will assist the City in the c onsultation for AB 52. The results of the consultation will be reported in the IS/MND. While a number of tribes will be contacted as a result of compliance with AB 52, the City usually consults with the Pechanga and Soboba tribes. This scope assumes the consultation process and standard mitigation measures will be similar to other development projects in the City. 152

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TASK 4 MEETINGS AND HEARINGS
Project meetings and hearings include, but are not limited to:
» Meeting with City staff to review comments
» Meeting with City staff to respond to comments on Final IS/MND » Planning Commission hearing
» City Council hearing
Additional meeting attendance by PlaceWorks or other team members will be billed on a time-and-materials basis in accordance with the hourly rates for the personnel involved.

TASK 5 PROJECT MANAGEMENT AND COORDINATION
PlaceWorks’ project manager will coordinate closely with the City, public agencies, and the project team to ensure that the CEQA documents are legally defensible, accurate, and useful tools for decision makers when considering the approval of the project. The project manager will be the key contact for the City and will be responsible for (1) task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local, state, and federal agencies relative to the environmental document and the environmental review process; (3) coordination and communications with the project team to ensure that City policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the environmental documents; (4) ensuring that the environmental review process satisfies the statutes and guidelines of CEQA and the City’s CEQA procedures; and (5) representing the consultant team in public meetings and project progress meetings if requested by the City.

If the schedule is extended beyond the anticipated time frame for reasons beyond the control of PlaceWorks, additional time for ongoing project management would be incurred, and an adjustment to our cost estimate may be required.

Proposed Schedule
Table 1, Proposed Schedule, provides a breakdown of the CEQA schedule. Note that the timeline does not include time for City review and revision.

Table 1. Proposed CEQA Schedule
TASK APPROX. DURATION
WEEKS
Task 1 – Project Initiation 11
Task 2 – Environmental Documentation
Task 2.1 Administrative Draft 5/6
Task 2.2 Public Review Draft and 30-day Review 6
Task 2.3 Responses to Comments 4
Task 2.4 MMRP 1a
Task 3 – AB 52 Consultation Ongoing
Task 4 – Meetings and Hearings Ongoing
Task 5 – Project Management and Coordination Ongoing
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Table 1. Proposed CEQA Schedule
TASK APPROX. DURATION
WEEKS
Approximate Total Time from Authorized Start Date – Target Adoption July 12, 2023 16-182 1 Concurrent with other tasks and does not affect schedule. 2 Does not include review time by City.

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Cost Estimate
The proposed fee assumes the preparation of one Initial Study to support either a Negative Declaration or Mitigated Negative Declaration for the project. PlaceWorks projects a cost not to exceed $94,236 without optional tasks (see Table 2, Proposed Fee). However, we are willing to refine our scope of work and associated cost estimates to best meet the City’s needs.

Table 2. Proposed Fee Ronald Reagan Park Project
TASK Cost
Project Kickoff Meeting and Data Review $3,142
Administrative Draft Initial Study $24,582
Air Quality/GHG $8,986
Biological Resources $14,031
Cultural Resources $10,214
Noise Impact Study $7,645
Public Draft IS/MND $14,300
Meetings & Coordination $10,037
Task B. Subtotal $92,937

Optional Tasks Cost
Optional Burrowing Our Survey $10,852
Optional Health Risk Assessment $6,946

Reimbursables Cost
Initial Study (5 hard copies) $500
Misc. Printing, Postage, and Deliveries* $499
Mileage $300
Subtotal: Reimbursables $1,299

Subtotal: Labor Without Optional Tasks $94,236
Subtotal: Labor With Optional Tasks $112,034

Note: Cost estimate assumes City will pay filing fees.
*Printing, postage and delivery costs are estimates and will be charged at actual cost.

Subconsultant cost billed at cost plus 10 percent

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// 2021
RIV #4814-7282-0706 v1

AGREEMENT FOR SERVICES

By and Between

THE CITY OF WILDOMAR,
a municipal corporation

and

PLACEWORKS, Inc.
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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF WILDOMAR, CALIFORNIA
AND
PLACEWORKS, INC.

This Agreement for Services (“Agreement”) is entered into as of this 12th day of April, 2023 by and between the City of Wildomar, a municipal corporation (“City”) and Placeworks, Inc., a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by request for proposals the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service P rovider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Secti on 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one year (twelve months) commencing on the date first ascribed above.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services . Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
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(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforc e the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this refe rence. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Twelve Thousand and Thirty-Four dollars ($112,034), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and reco rds related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and p aid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work perfor med or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service 158
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Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, co mputer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other docum ents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such us e of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all suc h Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
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SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternat ive is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintaine d pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Serv ice Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or 160
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scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.

SECTION 9. STANDARD OF PERFORMANCE.

Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, co mpetent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.

Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work. 161
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SECTION 12. NONDISCRIMINATION.

Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, dire ctly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person havi ng any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
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(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reim bursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.

Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement an d the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with th e opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liabil ity. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees an d agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, all eged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service 163
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Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alle ged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agree ment by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub -Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the t erms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) City’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligen ce. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Service Provider agrees to obtain and maintain i n full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.

SECTION 18. ASSIGNMENT.

The expertise and experience of Service Provider are material considerat ions for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provid er shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ine ffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, how ever, that Service Provider, in the 164
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performance of its duties pursuant to this Agreement, may utilize sub-contractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addit ion to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement . This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall inclu de the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Pr ovider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 165
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SECTION 22. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to per form due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, emba rgoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or pe rmitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595

To Service Provider: Placeworks
Attn: Mark Teague
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement. 166
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SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the Ci ty Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s ri ghts under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or servi ces by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.

This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigatio n between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding 167
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shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaini ng provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement confli ct with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF WILDOMAR
___________________________
Dan York
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk
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APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
___________________________________

PLACEWORKS
By: __________________________ By: _______________________________

Name:___________________________ Name: ____________________________

Its (Title):_________________________ Its (Title): __________________________ NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR R EGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stat e of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"

SCOPE OF SERVICES

I. Service Provider will perform the following Services:

A. Per the attached “Revised Proposal to Prepare an IS/MND for Ronald Reagan Park”

II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:

A. Per the attached “Revised Proposal to Prepare an IS/MND for Ronald Reagan Park”

III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:

A. Per the attached “Revised Proposal to Prepare an IS/MND for Ronald Reagan Park”

IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:

A. Per the attached “Revised Proposal to Prepare an IS/MND for Ronald Reagan Park”

V. Service Provider will utilize the following personnel to accomplish the Services:

A. Per the attached “Revised Proposal to Prepare an IS/MND for Ronald Reagan Park”

VI. Service Provider will utilize the following subcontractors to accomplish the Services:

A. Per the attached “Revised Proposal to Prepare an IS/MND for Ronald Reagan Park”

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March 2, 2023
Jason Farag, City Engineer
Matthew C. Bassi, Planning Director
City of Wildomar
Planning Department
23873 Clinton Keith Road
Wildomar, CA 92595

Via Email: [email protected]; [email protected] Subject: Revised Proposal to Prepare an IS/MND for Ronald Reagan Park Dear Mr. Farag and Mr. Bassi:

Thank you for the opportunity to propose on this project.

Respectfully submitted,

PLACEWORKS

Mark Teague, AICP
Principal (Project Manager)

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If any sensitive biological resources are found within the Project site, its location will be recorded, and the resource will be discussed in the report.

The biological reconnaissance survey, burrowing owl habitat assessment, and focused burrow survey will be conducted according to the protocols required by the MSHCP.

January 25, 2023 | Page 7
additional focused burrowing owl surveys would need to be completed to fulfill the MSHCP burrowing owl survey requirements.

The evaluation of the Project’s contribution to noise increases over existing conditions will be addressed.

January 25, 2023 | Page 9
Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format.

Proposed Schedule
Table 1, Proposed Schedule, provides a breakdown of the CEQA schedule. Note that the timeline does not include time for City review and revision.

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Optional Tasks Cost
Optional Burrowing Our Survey $10,852
Optional Health Risk Assessment $6,946

Reimbursables Cost
Initial Study (5 hard copies) $500
Misc. Printing, Postage, and Deliveries* $499
Mileage $300
Subtotal: Reimbursables $1,299

Subtotal: Labor Without Optional Tasks $94,236
Subtotal: Labor With Optional Tasks $112,034

Note: Cost estimate assumes City will pay filing fees.
*Printing, postage and delivery costs are estimates and will be charged at actual cost.

Subconsultant cost billed at cost plus 10 percent

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B-1
EXHIBIT "B"

COMPENSATION

I. Service Provider shall use the following rates of pay in the performance of the Services:

A. Per the “Scope of Services”.

II. Service Provider may utilize sub -contractors as indicated in this Agreement.

The rate for any subcontractor shall be per the “Scope of Services”.

IV. The total compensation for the Services shall not exceed $112,034, as provided in Section 4 “Compensation and Method of Payment” of this Agreement. 185

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Exhibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “oc currence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Servi ce Provider has no owned autos, Code 8 (hired) and 9 (non - owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and E mployer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance a ppropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insuran ce must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date p rior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.

If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, em ployees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of a ny cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision a pplies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
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Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Service Provider shall furnish the City with original Certi ficates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsemen ts to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all require d insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: April 12, 2023
SUBJECT:

Authorization to Enter into Settlement Agreements in Litigation Matter In re National Prescription Opiate Litigation (U.S.D.C.

Case No. 1:17-CV-2804)

ACTION:

Staff recommends that the City Council adopt Resolution No. 2023 - _____ entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR AUTHORIZING

THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO SETTLE CLAIMS

AGAINST CVS, ALLERGAN, TEVA, WALMART, AND WALGREENS IN THE NATIONAL

OPIOID LITIGATION
DISCUSSION:

The national opioid crisis created by opioid manufacturers, distributors, and dispensers has been well-documented over the last decade as communities have struggled to address its impacts. Since 2018, numerous jurisdictions across the country have been engaged in a multi-jurisdictional lawsuit (In Re: National Prescription Opiate Litigation (U.S.D.C. Case No. 1:17-CV-2804) (“MDL”) against some of the principal parties responsible for creating the crisis.

After years of Court-supervised negotiations, the parties reached a resolution of the case against several defendants.

The settlement with these defendants allows non-litigating parties, such as the City, to join the National Opioid Settlements. Last year, the City Council authorized the City Manager to take all necessary action to join in the settlement of the MDL, to settle claims against the three largest pharmaceutical distributors, McKesson, Cardinal Health, and AmerisourceBergen, and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson.

189
In November and December 2022, proposed nationwide tentative settlements were reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”), Teva Pharmaceutical Industries Ltd. (“Teva”), Allergan Finance, LLC (“Allergan”), CVS Health Corporation and CVS Pharmacy, Inc. (collectively “CVS”), and Walgreen Co. (“Walgreens”) (collectively the Settling Defendants”). As part of the settlements with the Settling Defendants, cities that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendants.

Under the settlement agreements, all of the proceeds received by non-litigating entities (such as the City) must be spent on activities to abate the impacts of the opioid crisis such as:
providing matching funds for operating costs for substance use disorder (SUD) facilities creating new or expanded SUD treatment infrastructure
addressing the needs of vulnerable populations that are disproportionately impacted by SUD
preventing addiction in vulnerable youth

Instead of accepting direct payment, the City will have the option to have their funds directed to the County for abatement purposes.

The proposed Resolution will give the City Manager authority to take all action necessary to settle the claims against the Settling Defendants in the MDL.

FISCAL IMPACT:

The City may receive funds to spend on activities to abate the impacts of the opioid crises, or direct those funds to the County for abatement purposes.

ATTACHMENTS:

Wildomar Resolution regarding Opioid Settlement (2nd Round).docx 190
IRV #4894-2995-2086 v1
CITY COUNCIL RESOLUTION NO. 2023 - ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR

AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO

SETTLE CLAIMS AGAINST CVS, ALLERGAN, TEVA, WALMART, AND

WALGREENS IN THE NATIONAL OPIOID LITIGATION
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and,
WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (In Re: National Prescription Opiate Litigation (U.S.D.C. Case No. 1:17-CV-2804) (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and, WHEREAS, in 2021, the City Council authorized the City Manager to take all necessary action to opt-in and join in the settlement of the Nation Opioid Litigation and settle claims against the three largest pharmaceutical distributors, McKesson, Cardinal Health, and AmerisourceBergen, and manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson.

WHEREAS, on or about November 14, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”); and,
WHEREAS on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical Industries Ltd. (“Teva”), Allergan Finance, LLC (“Allergan”); and, WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and CVS Health Corporation and CVS Pharmacy, Inc. (collectively “CVS”) and Walgreen Co. (“Walgreens”); and, WHEREAS, Walmart, Teva, Allergan, CVS, and Walgreens may collectively be referred to herein as the Settling Defendants; and,
WHEREAS, as part of the settlements with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendants; and, 191
2 IRV #4894-2995-2086 v1
WHEREAS, it the intent of this Resolution is to authorize the City of Wildomar to opt-in and join the settlement of the Nation Opioid Litigation and to enter into the master settlement agreements with the Settling Defendants.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR RESOLVES AS FOLLOWS:

Section 1: The City Council of the City of Wildomar finds the foregoing recitals are true and correct, and they are hereby incorporated by reference into this Resolution.

Section 2: The City Council hereby authorizes the City Manager take all necessary action, including executing the settlement participation form and all other necessary agreements or documents, to opt-in and join the settlement of the Nation Opioid Litigation and settle and release the City’s claims against the Settling Defendants.

Section 3: All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.

Section 4: Severability. If any term, provision, or portion of these findings or the application of these findings to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of these findings, or their application to other actions related to this resolution shall continue in full force and effect unless amended or modified by the City.

APPROVED AND ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 12th day of April, 2023 ___________________________
Joseph Morabito, Mayor
ATTEST:
____________________________
Daniel York, City Manager
APPROVED AS TO FORM:
192
3 IRV #4894-2995-2086 v1
____________________________
Thomas D. Jex, City Attorney
193

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: April 12, 2023
SUBJECT:

Notice of Completion - Palomar Street/Clinton Keith Road Sidewalk, Trail and Bike Lane Connectivity Project (CIP 059) SUBMITTED BY:

Jason Farag
PREPARED BY:

Warren Repke

ACTION:

Adopt a Resolution entitled:

RESOULTION NO. 2023-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA

ACCEPTING THE PALOMAR STREET/CLINTON KEITH ROAD SIDEWALK, TRAIL, AND BIKE LANE CONNECTIVITY PROJECT (CIP 059) AS COMPLETE AND AUTHORIZING

STAFF TO PREPARE AND FILE THE NOTICE OF COMPLETION WITH THE RIVERSIDE

COUNTY RECORDER

SUMMARY:

The City Council previously awarded a construction contract to LC Paving & Sealing (LC) for the construction of street, sidewalk, trail and bike lane improvements on Palomar Street from Clinton Keith Road to McVicar Street and on Clinton Keith Road at Stable Lanes Road. LC has completed the proposed improvements in accordance with the contract documents and the project is ready for filing of the Notice of Completion (NOC) with the Riverside County Recorder.

BACKGROUND:

On May 11, 2022, the City Council awarded a construction contract to LC Paving and Sealing, Inc. in the amount of $1,409,627.32 for the completion of street, sidewalk, trail, and bike lane improvements on Palomar Street from Clinton Keith Road to McVicar Street and on Clinton Keith Road at Stable lanes Road. The project is funded by a combination of TUMF, Measure A, Measure AA, an SB 821 Grant from the Riverside County Transportation Commission 194
(RCTC), and a reimbursement from Elsinore Valley Municipal Water District (EVMWD) for water and sewer facility relocations.

A major component of the project and project costs was administering the environmental mitigation requirements and the regulatory permits from the State Water Quality Control Board and the Army Corps of Engineers for two regulated streams that crossed Palomar Street. The mitigation monitoring program required Tribal monitors from the Saboba and Pechanga Tribes as well as a project Archeologist be on site during any ground disturbance activities.

Additional construction administration expenditures included geotechnical testing, a Riverside County Flood Control District Permit, inspection, and administration. A budget of $420,000 was established for these costs.

Project construction included extensive earthwork and grading; construction of underground storm drains; installation of a block retaining wall; construction of curb & gutter, sidewalk, driveway approaches, accessible curb ramps; installation of aggregate base, asphalt concrete paving and micro surfacing; installation of decomposed granite trail and fencing; modification of traffic signal pedestrian heads; and pavement markings and striping.

DISCUSSION:

LC has completed the proposed improvements in accordance with the contract documents and the project is ready for filing of the Notice of Completion (NOC) with the Riverside County Recorder. If no liens or claims have been filed within 30 days of filing the NOC the City will release the remaining 5% retention funds.

Project construction was initially delayed by several months due to numerous utility conflicts that had to be resolved with the utility companies. Additional project delays were encountered due to the very wet weather during the winter and spring. LC did an excellent job coordinating with the utility companies and working around the weather where they could.

FISCAL IMPACT:

The original contract amount awarded to LC Paving & Sealing was $1,409,627.62. A 10% contingency was authorized for unforeseen issues and required additional work resulting in a total project construction budget of $1,550,590.05. The total project budget is $1,970,590.05, including construction administration and inspection (CA/I). The final project construction cost for the actual quantities installed for each bid item is $1,407.868.38. Three Change Orders were processed in the amount of $74,798.00 resulting in a total construction cost of $1,482,666.38. The final CA/I costs are estimated at $450,000 bringing the total project costs to $1,932,666.38. This is $37,923.67 under the authorize budget. These funds can be returned to the Capital Improvement Program for future projects.

ACCOUNT CODE:

CIP 059

195
ATTACHMENTS:

Resolution
A - Notice of Completion
196
RESOLUTION NO. 2023 -_______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA ACCEPTING THE PALOMAR STREET/CLINTON KEITH ROAD SIDEWALK, TRAIL, AND BIKE LANE CONNECTIVITY PROJECT (CIP 059) AS

COMPLETE AND AUTHORIZING STAFF TO PREPARE AND FILE THE NOTICE OF

COMPLETION WITH THE RIVERSIDE COUNTY RECORDER
WHEREAS, On May 11, 2022 the City Council awarded a construction contract to LC Paving & Sealing Inc. for the Palomar Street/Clinton Keith Road Sidewalk Trail, and Bike Lane Connectivity Project (CIP 059), (“Project”); and WHEREAS, LC Paving & Sealing, Inc. has completed the work in accordance with the contract documents for the Project; and
WHEREAS, if no liens or claims have been filed within 30 days of filing the Notice of Completion, the retained payment funds and any remaining amount due will be released to LC Paving and Sealing, Inc.

NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Wildomar City Council, in regular session assembled on April 12, 2023, that:

The Project is accepted as complete. Within 15 days of the date of this Resolution, the Public Works Director shall prepare a Notice of Completion and the City Clerk shall file the Notice of Completion with the Riverside County Recorder.

PASSED, APPROVED, AND ADOPTED this 12th day of April 2022 ________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
____________________ _______________________
Thomas D. Jex Janet Morales
City Attorney City Clerk
197

NO FEE DOCUMENT
Government Code §6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Clerk

The Above Space For Recorder’s Use Only

NOTICE OF COMPLETION
Civil Code 3093

1. Prime Contractor: LC Paving & Sealing, Inc.

2. Project Name: Palomar St./Clinton Keith Rd. Sidewalk, Trail, and Bike Lane Connectivity Project CIP 059

3. Date of Completion (Acceptance): April 12, 2023

4. Description of Work or Materials Furnished: Demolition of existing improvements ; earthwork and grading; construction of PCC curb & gut ter, sidewalk, driveway approaches and accessible curb ramps; installation of RCP storm drain , catch basins & outlet structures; construction of trail with decomposed granite and fencing; construction of asphalt paving and micro surfacing; installation of pavement marking and striping; modification of traffic signal pedestrian heads; all as indicated on the Project Plans.

5. Site Location: Palomar Street from Clinton Keith Road to McVicar Street, and Clinton Keith Road at Stable Lanes Road.

6. Owner’s Property Interest in Site is: In Easement

7. Owner: City of Wildomar, 23873 Clinton Keith Road, Suite 201, Wildomar, CA 92595

City of Wildomar:

Dated: __________, 2023
Jason Farag
Public Works Director

Verification

I, the undersigned, say:

I am the person wh o signed the foregoing notice. I have read said notice and know the contents thereof, and the facts stated therein are true of my knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at Wildomar, California, this 12th day of April, 2022.

City of Wildomar:

Dan York
City Manager / City Engineer

198

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.14
Meeting Date: April 12, 2023
SUBJECT:

Music License Agreement for the City of Wildomar
SUBMITTED BY:

Annelle Rosales
PREPARED BY:

Annelle Rosales

ACTION:

Approve the agreements with BMI and ASCAP to obtain a license to play copyrighted music in public.

SUMMARY:

ASCAP and BMI are the two major
music
licensing/monetizing agencies. Each grant
license
s
to those who wish to play/perform the songs in public, and then shares proceeds with the owners of the songs.

BACKGROUND:

The Community Services Department is working toward cost efficient events. The city utilizes contractors to provide sound and music during several special events each calendar year with costs varying from $300.00 to $500.00 per event.

ASCAP and BMI are the two major
music
licensing/monetizing agencies. Each obtains the
rights to publish and
license
songs, then grant
license
s to those who wish to play/perform the
songs in public, and then shares proceeds with the owners of the songs.

By entering into an agreement with the two agencies will grant flexibility to the city when providing music services during special events. The flexibility allows for music to be played during tier 4 events such as Astronomy and Movie Nights.

DISCUSSION:

The agreements are the standard ASCAP and BMI licenses for government agencies. By entering into these two agreements, the City will have access to most of the recorded music.

FISCAL IMPACT:

The Community Services General Fund will incur the cost for each license totaling $842.00 199
and provide a savings of $1,100.00.

ACCOUNT CODE:
100-410-4610-52115

ATTACHMENTS:

ASCAP_Important Licensing Information City of Wildomar, CA.pdf BMI_Local Government Entities_LGE1.2023.pdf
200

LICENSE AGREEMENT - LOCAL GOVERNMENTAL ENTITIES
Agreement between American Society of Composers, Authors and Publishers ("SOCIETY"), located at 2 Music Square West, Nashville, TN 37203

and City of Wildomar, CA

("LICENSEE"), located at

23873 Clinton Keith Road Suite Wildomar CA 92595

as follows:

1. Grant and Term of License

(a) ASCAP grants and LICENSEE accepts a license to perform publicly on the “Premises” and at “Events” and “Functions,” and not elsewhere or otherwise, non-dramatic renditions of the separate musical compositions in the “ASCAP repertory.” The performances licensed under this Agreement may be by means of “Live Entertainment” or “Mechanical Music”. For purposes of th is Agreement,
(i) “LICENSEE” shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) “Mechanical Music” means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (A) compact disc, audio record or audio tape players (but not including "jukeboxes"), (B) videotape, videodisc or DVD players; (C) the reception and communication at the premises of radio or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music-on-hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment " means music that is performed at the Premises by musicians, singers or other performers. (iv) “Premises” means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) “ASCAP repertory” means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies, including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non-dramatic public performances. (vi) “Events” and “Functions” means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, “Events” and “Functions” shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) “Special Events” means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the “Gross Revenue” of such Special Event exceeds $25,000 (as defined in paragraph 4.(d) below).
(b) This Agreement shall be for an initial term of one year, commencing January 15, 2023, which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the agreement shall terminate on the last day of the term in which notice is given.

2. Limitations On License

(a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize (i) the broadcasting, telecasting or transmission or ret ransmission by wire, Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a music-on-hold telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE’s right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non-dramatic performances, and does not authorize any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following:
(i) performance of a “dramatico-musical work” (as hereinafter defined) in its entirety; (ii) performance of one or more musical compositions from a “dramatico-musical work (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken;
201
(iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; (iv) performance of a concert version of a “dramatico-musical work” (as hereinafter defined).

The term “dramatico-musical work” as used in this Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet.
(d) This license does not authorize performances:
(i) at any convention, exposition, trade show, conference, congress, industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE, is presented entirely on LICENSEE'S Premises, and is not open to the general public; (ii) by or at colleges and universities;
(iii) at any professional sports event or game played on the Premises; (iv) at any permanently situated theme or amusement park owned or operated by LICENSEE; (v) by any symphony or community orchestra;
(vi) by means of a coin operated phonorecord player (jukebox) for which a license is otherwise available from the Jukebox License Office.

3. License Fee

(a) In consideration of the license granted herein, LICENSEE agrees to pay ASCAP a license fee which includes the total of the “Base License Fee” and any applicable “Special Events License Fees”, all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement. For purposes of this Agreement, (i) “Base License Fee” means the annual fee due in accordance with Schedule A of the Rate Schedule and bas ed on LICENSEE’s population as established in the most recent published U.S. Census data. It does not include any fees due for Special Events.
(ii) “Special Events License Fees” mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE. It does not include any Base License Fees due. (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule. Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule. Fees paid by such leagues or associations do not cover performances of the municipality, county or other local government entity represented by the league or association. Schedule C fees are not applicable to municipal, county or other local government entities.

Unless otherwise limited by law, LICENSEE shall pay a finance charge of 1.5% per mo nth from the due date, or the maximum amount permitted by law, whichever is less, on any required payment that it is not made within thirty days of its due date.

4. Reports and Payments

(a) Upon the execution of this Agreement, LICENSEE shall submit:
(i) a report stating LICENSEE’s population based on the most recent published U.S. Census data. The population set forth in the report shall be used to calculate the Base License Fee under this Agreement; and (ii) a report containing the information set forth in paragraph 4.(d) below for all Special Events that were presented between the effective date of this Agreement and the execution of this Agreement. (b) The Base License Fee for the first year of this Agreement and any license fees due for Special Eve nts that were presented between the effective date of this Agreement and the execution of this Agreement shall be payable upon the execution of this Agreement.
(c) Base License Fees for subsequent years shall be due and payable within 30 days of the renewa l date of this Agreement and shall be accompanied by a statement confirming whether any Special Events were presented during the previous calendar year. (d) Ninety days after the conclusion of each Special Event, LICENSEE shall submit to ASCAP payment for such Special Event and a report in printed or computer readable form stating:
(i) the date presented;
(ii) the name of the attraction(s) appearing;
(iii) the “Gross Revenue” of the event. “Gross Revenue” means all monies received by LICENSEE or on LICENSEE ’S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, “Gross Revenue” shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event;
(iv) the license fee due for each Special Event.
(e) If LICENSEE presents, sponsors or promotes a Special Event that is reportable under Rate Schedule B with another person or entity licensed under an ASCAP License Agreement, LICENSEE shall indicate the name, address, phone number and ASCAP account number of the other person(s) or entity(ies) and the party responsible for payment for such Special Event. If the other part y is not licensed by ASCAP, LICENSEE shall pay the license fee due hereunder, notwithstanding any agreement to the c ontrary between LICENSEE and the other party.
202
(f) LICENSEE agrees to furnish to ASCAP, where available, copies of all programs of musical works performed, which are prepared for distribution to the audience or for the use or information of LICENSEE or any department thereof. The programs shall include all encores to the extent possible. LICENSEE shall be under no obligation to furnish programs when they have not bee n otherwise prepared.
(g) ASCAP shall have the right to examine LICENSEE'S books and record s at LICENSEE’s place of business during normal business hours to such extent as may be necessary to verify the reports required by paragraph 4.(d) above. ASCAP shall have the right to adjust LICENSEE’s Base License Fee based upon the most recently available revised population figures and Population Estimates Program provided by the U.S. Census Department.

5. Breach or Default

Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured wit hin said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a pro-rata basis to LICENSEE any unearned license fees paid in advance.

6. Interference in Operations

ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP’s operations as the result of any law in the state, territory, dependency, possess ion or political subdivision in which LICENSEE is located which is applicable to the licensing o f performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a pro-rata basis any unearned license fees paid in advance.

7. Non-Discrimination

LICENSEE recognizes that ASCAP must license all similarly situated users on a non -discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, cou nties and other governmental entities shall not constitute discrimination between simi larly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race, creed, color, sex or national origi n.

8. Notices

ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail, by generally recognized same-day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address, change of person/office responsible, etc. within 30 days of such change.

AMERICAN SOCIETY OF COMPOSERS,

AUTHORS AND PUBLISHERS
LICENSEE City of Wildomar, CA

TITLE

(Fill in capacity in which signed: (a) If corporation, state corporate office held; (b) If partnership, write word "partner" under signature of signing partner; (c) If
individual owner, write "individual owner" under
signature.)

203

LOCAL GOVERNMENT ENTITIES 2023 Rate Schedule SCHEDULE A: Base License Fee Population Size Base License Fee 1 to 50,000 $420.00 50,001 to 75,000 $840.00 75,001 to 100,000 $1,008.00 100,001 to 125,000 $1,345.00 125,001 to 150,000 $1,680.00 150,001 to 200,000 $2,185.00 200,001 to 250,000 $2,686.00 250,001 to 300,000 $3,195.00 300,001 to 350,000 $3,697.00 350,001 to 400,000 $4,202.00 400,001 to 450,000 $4,702.00 450,001 to 500,000 $5,209.00 500,001 and over *** $6,384 .00 *** $6,384.00 plus $500 for each 100,000 of population above 500,000 to a maximum fee of $84,004.00 SCHEDULE B: Special Events The rate for Special Events shall be 1% of Gross Revenue. "Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000. "Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event. SCHEDULE C: State Municipal and/or County Leagues or State Associations of Attorneys The annual license fee for LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be $420.00. License Fee for Year 2024 and Thereafter For each calendar year commencing 2024, all dollar figures set forth in Schedules A, B and C above (except for $500 add-on for populations of 500,001 or more) shall be the license fee for the preceding calendar year, adjusted in accordance with the increase in the Consumer Price Index - All Urban Consumers (CPI-U) between the preceding October and the next preceding October. Any additional license fees due resulting from the CPI adjustment shall be payable upon billing by ASCAP. ASCAP Toll Free: 1-800-505-4052 E-payment Websites: http://www.ascap.com/mylicense or http://www.ascap.com 204

ss:

No.:

LOCAL GOVERNMENT ENTITIES
2023 Report Form

Account Number: Premise Name: City of Wildomar, CA
SCHEDULE A: Base License Fee (Due upon execution of Agreement and within 30 days of the Agreement's Renewal Date.) Population Size: , , Base License Fee: $ .
(Per current U.S. Census Data) (Please refer to Rate Schedule) SCHEDULE B: Special Events* (Report and Payment due 90 days after the conclusion of each Special Event)

Event Date
(mm/dd/yyyy)
(If More than 1
Event Per Day,
Please Report As
Separate Entries)
Performer(s)
Or Group(s)
Appearing
Gross
Revenue**
Of Event
(Must Exceed
$25,000)
% Applies
To Gross
Revenue
Event Fee Is A Program
Of Musical
Works
Attached?
(Yes/No)
If The Event Is Co-Sponsored
(Please Identify The Co-sponsor's Name, Address,
Phone Number and ASCAP Account Number)

x .01

Yes

No
Name:

Address:

Phone No.:

Account Number:

x .01

Yes

No
Name:

Address:

Phone No.:

Account Number:

x .01

Yes

No
Name:

Addre

Phone
Account Number:
*"Special Events" means musical events, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000.

**"Gross Revenue" means all monies received by LICENSEE or on LICENSEE'S behalf from the sale of tickets for each Special Event. If there are no monies from the sale of tickets, "Gross Revenue" shall mean contributions from sponsors or other payments received by LICENSEE for each Special Event.

SCHEDULE C: State Municipal and/or County Leagues or State Associations of Attorneys

Report Year: Annual License Fee: $420.00 (Due within 30 days of Renewal Date.) Total Fees Reported From Any or All of Schedules A, B or C: $ .

Contact Person & Title
Phone Number: - -

Ext:

Fax Number: - -
Email: Website:

I certify the above information is true and correct.

Dated: / /

Signature:

ASCAP Toll Free: 1-800-505-4052
E-payment Websites: http://www.ascap.com/mylicense or http://www.ascap.com 205

INVOICE

City of Wildomar, CA January 23, 2023 23873 Clinton Keith Road Suite
Wildomar, CA 92595

Re: City of Wildomar, CA
23873 Clinton Keith Road Suite
Wildomar, CA 92595

Billing Period: January 15, 2023 Thru January 14, 2024 Annual Rate: $420.00
Amount Due: $420.00

TO PAY VIA CREDIT CARD, DEBIT CARD, OR E CHECK, PLEASE CONTACT Michele McKinney at (888) 852-1432

PLEASE MAIL YOUR CHECK TO: ASCAP, PO Box 331608, Nashville, TN 37203-7515

Payment Amount: $________________________

*Check No: _______________________________

*Please note: "When you provide a check as payment, you authorize ASCAP to either use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. However the transaction will appear on your bank statement. If we cannot post the transaction electronically, we may present a copy of your check for payment."

ASCAP License fees are due and payable in advance. Retain bottom portion for your records.

City of Wildomar, CA
23873 Clinton Keith Road Suite
Wildomar, CA 92595

Billing Period: January 15, 2023 Thru January 14, 2024 Annual Rate: $420.00
Amount Due: $420.00

206
Music plays a valuable role in civic life.

From parades to concerts, rec center fitness classes to holiday firework and light displays, your municipality hosts events and programs throughout the year to engage the public in civic life. Music is one of the best ways to entertain your citizens and build community!
ASCAP is your music partner.

The ASCAP Local Government License, created in partnership with the International Municipal Lawyers Association (IMLA), makes it simple to play the music that your citizens want - both legally and affordably. Instead of getting permission from thousands of copyright owners individually, one ASCAP blanket license lets you play music from hundreds of thousands of ASCAP members. We then ensure our members are compensated for the use of their work - 90¢ of every $1 from your music license fee is distributed directly to our members. You gain access to the greatest music catalog in the country and we make sure the songwriters and composers are paid for their work.

It’s a win-win.

You mean I need permission to play music at public events and programs hosted by the municipality?
Yes, you do! According to U.S. copyright law, public performances of music requires permission from the writers and publishers. That goes for public performances provided by a band or DJ or recorded music played through an electronic device.

Millions of songs for one annual price.

We’ve streamlined our process to make it efficient and easy for you to obtain a license tailored to your municipality’s individual needs. You can call us at 1-800-505-4052 or visit us online at www.ascap.com/licensing to start purchasing your license.

To review the terms of the ASCAP Local Government License, use our License Finder at:
https://www.ascap.com/music-users/licensefinder.

MILLIONS
of songs in the
ASCAP catalog
700,000+
businesses already using
music legally with
an ASCAP music license
700,000+
songwriters, composers,
and music publishers
represented by ASCAP
1 ASCAP
blanket license is
all you need
ASCAP I www.ascap.com I 800-505-4052Go online to www.ascap.com/licensing The ASCAP Local
Government License
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DISCLOSURE STATEMENT

This is notice that, in compliance with Sec. 21751 of the California Business and Professions Code:

(1) The performing rights license agreement you have been offered by the American Society of Composers, Authors and Publishers (ASCAP) contains a schedule of the rates and terms of royalties under that contract; and

(2) ASCAP makes available electronically to proprietors the most current available list of ASCAP members and the most current available list of performed works that ASCAP licenses.

You may obtain gratis the most current available list of ASCAP's members -- in either printed form or on diskette -- by written request to ASCAP, PO Box 331608, Nashville, TN 37203-7515, Attention: Head of General Licensing.

Information about ASCAP's members and the musical works in the ASCAP repertory can be obtained in a variety of ways. A searchable database of works that have been registered with ASCAP since January 1, 1991, or identified in ASCAP's surveys of performed works since January 1, 1978, is available online at the ASCAP Web Site, www.ascap.com/repertory (use the "ACE" function to determine whether particular songwriters or specific songs are in the ASCAP repertory). Data similar to that provided by “ACE” is also available on a USB drive, free of charge, by written request to ASCAP, 250 West 57th Street; New York, NY 10107, attn: Director of Repertory. More comprehensive records of the titles, dates of U.S. Copyright registration (if any), writers and current publishers or other copyright owners of all known works in the ASCAP repertory are available for public inspection at ASCAP's New York office during regular business hours. A printed current list of ASCAP members can be obtained gratis by written request to ASCAP, PO Box 331608, Nashville, TN 37203-7515, attn: Head of General Licensing. A computer-generated listing of copyrighted musical works in the ASCAP repertory may also be obtained by written request addressed to Head of General Licensing at a cost of $2200.00 plus shipping and handling (the listing is thousands of pages in length). You can also call or write to us for information as to specific works: (800) 95-ASCAP; or, at our New York address.

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Wildomar City CouncilApril 12, 2023

Wildomar City Council
April 12, 2023